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HomeMy WebLinkAbout2018-11-06 Agenda and Supporting Documentation Town Council Evening AgendaVAIL TOWN COUNCIL REGULAR MEETING Evening Agenda Town Council Chambers 6:00 PM, November 6, 2018 TOWN Of 4IAJt Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1. Citizen Participation 2. Proclamations 2.1. Proclamation No. 9, Series of 2018, Recognizing Colorado Gives Day 10 min. Presenter(s): John Weiss, Small Champions 3. Recognition for Business Recycling Challenges Awards 3.1. Business Recycling Challenge Awards Presentation Presenter(s): Mark Hoblitzell, Environmental Sustainability Coordinator Action Requested of Council: Recognize Businesses. The Town of Vail's Business Recycling Challenge took place in the month of September. 7 local businesses participated and each business improved recycling over the course of the challenge. Participants improved their recycling rate on average 13% and demonstrated local leadership in waste diversion programs. 4. Consent Agenda 4.1. Minutes from October 2, 2018 meeting 4.2. Resolution No. 43, Series of 2018, A Resolution Updating an Intergovernmental Agreement Between the Town of Vail and the Colorado Department of Public Health and Environment Regarding State Nonpoint Source Management Program; and Setting Forth Details in Regard Thereto 10 min. 5. Town Manager Report 5.1. Town Manager Report 5 min. November 6, 2018 - Page 1 of 1 6. Presentations / Discussion 6.1. Eagle River Community Water Plan Presentation 20 min. Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager, Holly Loff, Eagle River Watershed Council Action Requested of Council: Informational only; no formal action needed. Background: The Eagle River Community Water Plan is an Eagle River Watershed Council (ERWC) led effort to develop proactive water management recommendations that anticipate changes to population growth and increasing municipal demand for water in Eagle County, climate change, and projects related to the 1998 Eagle River Memorandum of Understanding (ERMOU) — an intergovernmental agreement for developing municipal water supplies in the upper Eagle River watershed. Planning activities will focus on the mainstem Eagle River from its headwaters on Tennessee to the confluence with the Colorado River, the hydrologic influence of all of the tributaries will be considered with extra focus on the East Fork of the Eagle River and Gore and Homestake Creeks. 6.2. Vail Trails Sidewalk Connection on Vail Valley Drive Presenter(s): Tom Kassme, Town Engineer Action Requested of Council: Approve the construction of a sidewalk connection at the Vail Trails Chalets along Vail Valley Drive with private improvements remaining in the Right of Way. Background: This section of Vail Valley Drive has not had a connecting sidewalk due to the private improvements in the Right of Way. The owners have agreed to complete a joint project to construct the sidewalk in 2019 if the private improvement can remain in the Right of Way. Staff Recommendation: Support the construction of the sidewalk and provide direction as to whether or not to maintain the private improvements within the Right of Way. 7. Action Items 20 min. 7.1. Draft Letter to Eagle Holy Cross Ranger District as Public Comment to Vail 10 min. Resorts, Inc. Proposal for a Snowmaking Project on Vail Mountain Presenter(s): Dave Chapin, Mayor Action Requested of Council: Discussion and motion on draft letter of support for snowmaking proposal. Background: The Eagle -Holy Cross Ranger District is seeking public comment in response to a Vail Resorts proposal for a snowmaking project on Vail Mountain. Vail Resorts has asked for a Letter of Support for the project from the Town of Vail. Staff has reviewed the formal proposal documents, attended the public open house at the Eagle -Holy Cross Ranger District on October 23rd and discussed the project internally, as well as with several representatives of the U.S. Forest Service and Vail Resorts. The purpose of this memorandum is to outline the proposal, its potential benefits to the town and to address potential impacts for the town council to consider as part of a Letter of Support. A draft Letter of Support is attached for the Town Council to review and to suggest changes. The deadline for public comment is November 9, 2018. 7.2. Ordinance No. 19, Series 2018, First reading, an ordinance repealing and 20 min. reenacting Chapter 14 of Title 4 of the Vail Town Code, regarding Short Term Rental properties. November 6, 2018 - Page 2 of 1 Presenter(s): Kathleen Halloran, Finance Director and Johannah Richards, Sales Tax and Licensing Administrator Action Requested of Council: Approve or approve with amendments Ordinance No. 19, Series 2018 Background: This ordinance proposes changes to the Short Term Rental regulations effective March 1, 2018. Please see the attached memo for details. Staff Recommendation: Approve or approve with amendments Ordinance No. 19, Series 2018 7.3. Ordinance No. 20, Series of 2018, First Reading, Ordinance amending Section 5-3-2, Definitions, Vail Town Code, to amend the definition of a certified solid fuel burning device, concerning air pollution control. Presenter(s): Chris Neubecker, Planning Manager Action Requested of Council: Town Council shall approve, approve with modifications, or deny Ordinance No. 20, Series of 2018, based on the recommendation of the Community Development Department. Background: The current Municipal Code detailing Air Pollution Control and the specifications for solid -fuel burning devices (wood burning stoves) is out of date and does not accurately reflect the current Colorado Department of Public Health and Environment (CDPHE). The proposed ordinance will ensure that the Vail Town Code aligns with these state and national air quality standards. Staff Recommendation: The Community Development Department recommends amending Title 5, Chapter 3 of the Municipal Code to accurately reflect current and future air quality standards set forth by the Colorado Department of Public Health and Environment (CDPHE). 8. Public Hearings 8.1. Ordinance No. 16, Series of 2018, Second Reading, An Ordinance Amending Chapter 8 of Title 7 of the Vail Town Code Regarding Low -Speed Electric Vehicles and Golf Cars Presenter(s): Dwight Henninger, Vail Police Dept., Greg Hall, Director of Public Works & Transportation Background: Pursuant to C.R.S. § 42-4-111, the Town is empowered to regulate the operation of low -speed electric vehicles and golf cars within its jurisdiction. Review draft legislation which addresses allowing electric vehicles on town streets. Several hotels are currently using electric vehicles to transport skis and guests to the mountain. A number of topics have been raised for discussion regarding this use in Vail. 8.2. Ordinance No. 17, Series of 2018, Second Reading, An Ordinance Repealing and Reenacting Chapter 10-1 of the Vail Town Code and Adopting by Reference the 2018 Editions of the International Building Code, International Residential Code, International Fire Code, International Energy Conservation Code, International Plumbing Code, International Fuel Gas Code, International Mechanical Code, International Existing Building Code: and the 2017 Edition of the National Electrical Code; and the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings; with Amendments thereto Presenter(s): Chris Jarecki, Chief Building Official Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 17, 2018, Series of 2018, upon second reading. 15 min. 20 min. 20 min. November 6, 2018 - Page 3 of 1 Background: The building codes are updated on a three year cycle after an extensive code development process in which all interested and affected parties may participate. This allows for the codes to stay current with the continually changing laws and technology that affect the construction industry. 8.3. Ordinance No. 18, Series of 2018, Second Reading, Ordinance amending 5 min. and repealing portions of Ordinance No. 5, Series of 2016, to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off-site, located at 1150 and 1170 Westhaven Lane/Lot 39-1 and 39-2, Glen Lyon Subdivision, Development Area C, SDD No. 4 (Cascade Village); 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. 18, Series of 2018, upon second reading. Background: The applicant, Ignacio Torras, represented by Mauriello Planning Group, is requesting a first reading of Ordinance No. 18, Series of 2018, an ordinance amending and repealing portions of Ordinance No. 5, Series of 2016 to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off-site, located at 1150 and 1170 Westhaven Lane/Lot 39-1 and Lot 39-2, Glen Lyon Subdivision, Development Area C, SDD No. 4 (Cascade Village) Staff Recommendation: On October 16, 2018 the Vail Town Council unanimously approved Ordinance No. 18, Series of 2018, on first reading. 9. Adjournment 9.1. Adjournment 8:45 p.m. (estimated) 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. November 6, 2018 - Page 4 of 1 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Proclamation No. 9, Series of 2018, Recognizing Colorado Gives Day PRESENTER(S): John Weiss, Small Champions ATTACHMENTS: Description Proclamation No. 9 Recognizing Colorado Gives Day November 6, 2018 - Page 5 of 1 November 6, 2018 - Page 6 of 1 TOWN OF Proclamation No. Recognizing Colorado WHEREAS, charitable giving in Eagle County, Colorado nonprofit organizations need to make our community WHEREAS, research shows an increase in online believe it is the future of philanthropy; and WHEREAS, Community First Foundation and FirstBank charitable giving in our community through the online WHEREAS, Colorado Gives Day in 2017 raised $49.1 online donations, $928,583.31 to Eagle County nonprofits, allowing donors to direct their contributions to one County, charities featured on the site, making it an to our locally-based nonprofit organizations. WHEREAS, Colorado Gives Day is December 4th participate because all donations, large or small, NOW, THEREFORE, BE IT PROCLAIMED BY Mayor the Town of Vail, Colorado that Tuesday, December Day in our community. Read and approved this 6th day of November, TOWN OF VAIL �lING so VAIL 9, Series of 2018 Gives Day is critical to providing support that local a desirable place to live; and giving both locally and nationally, and many have partnered in an effort to increase giving initiative Colorado Gives Day; and million in a single 24-hour period via at eaglecogives.org, a website or more of the forty-eight (48) local, Eagle ideal resource for facilitating charitable giving this year, and all citizens are encouraged to can make a difference to nonprofits in need. Dave Chapin and the Town Council of 4, 2018, will be known as Colorado Gives 2018. ATTEST Y C,�' l ° � ow`9 _1.1 OF k. lit`If �1' cp,ORA-ve Dave Chapin, Mayor Patty McKenny, Town Clerk November 6, 2018 - Page 6 of 1 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Business Recycling Challenge Awards Presentation PRESENTER(S): Mark Hoblitzell, Environmental Sustainability Coordinator ACTION REQUESTED OF COUNCIL: Recognize Businesses. BACKGROUND: The Town of Vail's Business Recycling Challenge took place in the month of September. 7 local businesses participated and each business improved recycling over the course of the challenge. Participants improved their recycling rate on average 13% and demonstrated local leadership in waste diversion programs. ATTACHMENTS: Description Memo Business Recycle Challenge November 6, 2018 - Page 7 of 1 TOWN OF VAIIL. Memorandum To: The Vail Town Council From: Environmental Sustainability Date: November 6, 2018 Subject: Business Recycling Challenge Review I. Background The Business Recycling Challenge was launched in 2018 as a way to encourage businesses to recycle more through friendly competition and provide education on best practices for recycling and waste diversion in a work setting. The inaugural challenge in 2018 had seven participants: Manor Vail, McNeil Property Management, Mountain Standard, Steadman Clinic, Sweet Basil, Vail Mountain School, and Vail Spa Condominiums. The current recycling rate in Eagle County is 22%, compared to 12% in Colorado and 34% nation wide. Over the course of the challenge, participants averaged a 13% increase in recycling rates with a combined average for all participants of 57% at the end of the challenge. II. Recycling Challenge The Business Recycling Challenge took place in the month of September. All businesses received an initial baseline audit and education session on recycling contamination and tips to increase recycling rates. Each week throughout the challenge, participants were randomly audited to generate a weekly rate. Weekly reports were distributed, including information on contamination rates and what could be done. Challenge award categories included the overall winner, most improved, and most innovative education program. The town partnered with Walking Mountains Science Center to perform waste audits and education. All participants will receive a year's membership in the Actively Green business certification program. III. Challenge Results While each participant was successful in improving recycling rates and reducing contamination the following are the category winners: Most Improved: Vail Spa Condominums Most Innovative Education Program: Vail Mountain School Overall Winner: McNeil Property management The town would like to recognize and thank all of the participants in the Business Recycling Challenge for their efforts to reduce waste in our community. November 6, 2018 - Page 8 of 1 Appendix: Challenge Information THANK YOU VAIL BUSINESS RECYCLING CHALLENGE PARTICIPANTS! The Town of Vail and Walking Mountains Science Centerwould like to thank the businesses that joined this one month challenge. In a short period of time, their recyclingefForts increased by 13% overall. 1 4 Erx Manor Vail McNeill Property Management Mountain Standard Steadman Clinic Sweet Basil Vail Mountain Sckool Vail Spa Condominiums FINAL RECYCLING RATES Co • 0 737. 817. Mew Vail McNeil Properly Mennesio Strailan Mono Basi 'ill Monorail Y.I Spa SdMJ Condominium wailing ma .! icing Cfll lgr Management #drdard dmlc Learn more about recycling in Vail at lov vail.orr Figure 1- Final Recycling Rates Town of Vail TONT OF VAIL 430.479%2333 I lawn! cra Page 2 November 6, 2018 - Page 9 of 1 Figure 2- Waste Audit in progress Figure 3- VMS Recycling Education Wall Town of Vail Page 3 November 6, 2018 - Page 10 of Figure 4- Contamination Audit Town of Vail Page 4 November 6, 2018 - Page 11 of VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Minutes from October2, 2018 meeting ATTACHMENTS: Description Minutes from October 2, 2018 TOWN Of UAIL November 6, 2018 - Page 12 of Vail Town Council Meeting Minutes Tuesday, October 2, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Members absent Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Staff members present: Matt Mire, Town Attorney Patty McKenny, Town Clerk Staff member absent: Greg Clifton, Town Manager 1. Citizen Participation Jonathan Levine expressed concerns about lighting out on the 1-70 off ramps, the service (or lack thereof) being provided by AT&T, drop off locations for ride sharing vendors, and his incident in Vail a few years ago with a request to open an independent investigation of false allegations made against him. Josef Staufer, resident, expressed opposition to future consideration of housing on open space, especially the property between Solar Vail and Middle Creek Apartments. It was noted that Vail Snow Daze is December 13-16, and concert headliners included Nathaniel Rateliff & the Night Sweats and Shakey Graves bands; the Mayor invited the community to attend and enjoy the upcoming concert series to welcome the opening of ski season. 2. Consent Agenda 2.1. Resolution No. 36, Series of 2018, Resolution Approving an Easement for Holy Cross Energy 2.2. Extrication Equipment Contract Award 2.3. Minutes from September 4, 2018 meeting 2.4. Minutes from September 18, 2018 meeting Foley moved to approve the consent agenda; Bruno seconded the motion and it passed (4-0). Town Council Meeting Minutes of October 2, 2018 Page 1 November 6, 2018 - Page 13 of 3. Town Manager Report 3.1. Town Manager Report Mayor Chapin recapped the manager's report in light of the Manager's absence from the meeting. 4. Presentations / Discussion 4.1. Future CDOT Opportunities in Vail 60 Presenter(s): Mike P. Lewis, Executive Director, and Joshua Laipply, Chief Engineer, Colorado Department of Transportation Action Requested of Council: Discussion and Informational only. Background: Discuss future opportunities in the Town of Vail. There were a number of topics discussed by the Town Council and CDOT representatives including: ✓ Cut and cover scenario for 1-70 through Vail ✓ Partnership housing opportunities for Vail and CDOT; TOV to send a letter of interest to CDOT expressing interest in reviewing such projects ✓ Noise mitigation on 1-70 ✓ Reduction in speed limits on 1-70 ✓ Mitigation of 1-70 closures ✓ Other Partnerships with the community ✓ RoadX Updates ✓ Use of Express lanes on 1-70 ✓ Vail pass climbing lane ✓ Trash and sand from 1-70 impacts on East Vail area 5. Action Items 5.1. SoulCycle Vail Pop Up Event — Presentation of a limited term use of Town owned commercial space (Unit 2, Vail Village Inn Phase V) Presenter(s): George Ruther, Director of Housing Action Requested of Council: The Vail Town Council is being asked to pass a motion approving the limited term use of Town -owned commercial space (Unit 2, Vail Village Inn Phase V) for a SoulCycle Pop Up Event and instructing the Town Manager to execute an agreement in a form approved by the Town Attorney. Background: The purpose of this agenda item is to present the proposed limited term use of the Town -owned commercial space located beneath the La Bottega restaurant in Vail (Unit 2, Vail Village Inn Phase V) for a SoulCycle Vail Pop Up Event. SoulCycle, Inc. has the unique ability to bring its inspirational instructors and pioneering indoor cycling classes on the road in order to offer a true and custom designed SoulCycle experience anywhere in the world. Town Council Meeting Minutes of October 2, 2018 Page 2 November 6, 2018 - Page 14 of George Ruther introduced the agenda item and introduced Liz Logan as the SoulCycle representative. After a summary of the request some discussion was had regarding a number of items: ✓ Signage for the pop up event ✓ Potential noise impacts and code regulations on noise ✓ Length of use in the location ✓ The amount of the fee, at $5,000 for the 22 day event The Mayor invited public input at this time and Vail Village Inn Phase V representative Richard Lebhaber requested a delay in the decision in an effort to gather more information from the site visit about the sound impacts. Since there was a time factor involved. Bruno moved to approve the limited term use of Town owned commercial space (Unit 2, Vail Village Inn Phase V) for the SoulCycle Vail Pop Up Event to occur in January 2019 and directed the Town Manager to execute an agreement for such business use in that location. Foley seconded the motion and it passed (4-0). The Town Attorney noted the agreement would be submitted to the Vail Village Inn Homeowners Association and would also address the signage requests. 6. Public Hearings 6.1. Ordinance No. 15, Series of 2018, Second Reading, Ordinance amending Section 12-10-17 of the Vail Town Code to modify the regulations applicable to the Short-term leasing of private parking spaces Presenter(s): Chris Neubecker, Planning Manager Action Requested of Council: Town Council is asked to approve Ordinance No. 15, Series of 2018 on second reading. Background: The existing regulations on the leasing of parking spaces in the Town of Vail were first adopted in 1977, and the last significant modification was in 1985. The current regulations are obsolete, and have not resulted in significant applications to lease parking spaces. New technology can help to identify vacant, available parking spaces, but the existing regulations needs to be amended to facilitate, and in some cases legalize, short term leasing of parking. The proposed regulations will open additional areas where short term leasing of parking spaces is allowed, while protecting the character of low density residential neighborhoods. Staff Recommendation: Staff recommends approval of Ordinance No. 15, Series of 2018 on Second Reading. The Public Hearing was opened by Mayor Chapin and Chris Neubecker, Planning Manager, introduced the topic with highlights of the code amendments, including language changes, allowed zone districts, identification of new zone districts which would allow the leasing of parking spaces, language addressing electronic reservations, signage, . He noted the legislation was drafted to specifically exclude the residential outlying neighborhoods. No citizen comments were made. Town Council Meeting Minutes of October 2, 2018 Page 3 November 6, 2018 - Page 15 of Foley moved to approve Ordinance No. 15, Series of 2018, Second Reading, Ordinance amending Section 12-10-17 of the Vail Town Code to modify the regulations applicable to the Short-term leasing of private parking spaces and based on the following findings: Based upon the review of the criteria outlined in Section VI of the Staff memorandum to the Planning and Environmental Commission dated August 27, 2018, and the evidence and testimony presented, the Vail Town Council 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 compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the sign regulations; and, 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Bruno seconded the motion and it passed (4-0). 6.2. Ordinance No. 16, Series of 2018, Second Reading, An Ordinance Amending Chapter 8 of Title 7 of the Vail Town Code Regarding Low -Speed Electric Vehicles and Golf Cars Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Table Ordinance No. 16, Series of 2018 to October 16, 2018 Town Council meeting. Background: Pursuant to C.R.S. § 42-4-111, the Town is empowered to regulate the operation of low -speed electric vehicles and golf cars within its jurisdiction. Review draft legislation which addresses allowing electric vehicles on town streets. Several hotels are currently using electric vehicles to transport skis and guests to the mountain. Topics to consider might include identifying a drop off location as well as identifying which streets would be accessed by these vehicles. Foley moved to table the ordinance to the October 16 meeting for further discussion at which time all members of the town council would be present. Bruno seconded the motion and it passed (4-0). There being no further business to come before the council, Foley moved to adjourn the meeting and Bruno seconded the motion which passed (4-0) and the meeting adjourned at 7:35 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of October 2, 2018 Page 4 November 6, 2018 - Page 16 of TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 43, Series of 2018, A Resolution Updating an Intergovernmental Agreement Between the Town of Vail and the Colorado Department of Public Health and Environment Regarding State Nonpoint Source Management Program; and Setting Forth Details in Regard Thereto ATTACHMENTS: Description Resolution No. 43 Series of 2018 Memorandum Resolution No. 43 Series of 2018 November 6, 2018 - Page 17 of TOWN OF VAIL' Memorandum To: Vail Town Council From: Peter Wadden, Watershed Education Coordinator Date: November 6, 2018 Subject: Resolution No. 43, Series of 2018 I. Purpose Resolution No. 2, Series of 2018 is a resolution directing the Town Manager to sign an amendment to an existing Intergovernmental Agreement with the Colorado Department of Health and the Environment extending the term of an existing contract for stormwater quality work to be completed at the Public Works Facility. This extension will allow the Town additional time to complete the project without losing grant funding from CDPHE. November 6, 2018 - Page 18 of RESOLUTION NO. 43 Series of 2018 A RESOLUTION UPDATING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT REGARDING STATE NONPOINT SOURCE MANAGEMENT PROGRAM; 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 United States Environmental Protection Agency has awarded federal funds to provide support to the state of Colorado (the " State") to implement its State Nonpoint Source Management program developed under the Clean Water Act; WHEREAS, the Town desires to construct Best Management Practices at the public works facility to reduce nonpoint source pollutant loading to Gore Creek; WHEREAS, the Town and the State would like to update the existing Intergovernmental Agreement (the " Agreement") formalizing the responsibilities of both Parties to receive federal funds for allowable and allocable expenses and extending the end date of the existing contract; and WHEREAS, the Council finds and determines that the Agreement will promote the health, safety, morals, and general welfare of the Town. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the Agreement and authorizes the Town Manager to enter into the Agreement with the State 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 6th day of November, 2018. ATTEST: Patty McKenny Town Clerk Dave Chapin Town Mayor November 6, 2018 - Page 19 of CONTRACT AMENDMENT #1 SIGNATURE AND COVER PAGE State Agency : Colorado Department Of Public Health and Environment 4300 Cherry Creek Drive South Denver, Colorado 80246 Original Contract # 18 FEGA 99113 STATE OF COLORADO John W. Hickenlooper, Governor Colorado Department Of Public Health and Environment Amendment Contract Number 19 FEGA 121509 By: Print Name & Title Date: Contractor Town of Vail 75 South Frontage Road Vail, Colorado 81657 CORE Encumbrance # CT FAAA 201800000172 Contract Performance Beginning Date : The later of the Effective date or July 1, 2017 Current Contract Expiration Date : January 31, 2021 In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: CONTRACT MAXIMUM AMOUNT TABLE Date: Document Type CMS Routing # Federal Funding Amount* State Funding Amount Other Funding Amount Term (dates) Total Original Contract 18 FEGA 99113 $135,125.00 $0.00 $0.00 7/1/2017-1/31/2021 $135,125.00 Amendment #1 19 FEGA 121509 $0.00 $0.00 $0.00 12/15/2018-1/31/2021 $0.00 * Federal Funds attributed to United States Government funding source Current Contract Maximum Catalog of Federal Domestic Assistance (CFDA) Number 66.460 Amount (Year To Date) $135,125.00 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment and to bind the Party authorizin his or her sienature. Page 1 of 3 November 6, 2018 - Page 20 of CONTRACTOR Town of Vail STATE OF COLORADO John W. Hickenlooper, Governor Colorado Department Of Public Health and Environment By: Print Name & Title Date: By: Lisa McGovern, Director Procurement and Contracts Date: By: PROGRAM APPROVAL In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Date: David Norris Amendment Effective Date: Page 1 of 3 November 6, 2018 - Page 20 of 1. PARTIES This Amendment (the "Amendment") to the Original Contract shown on the Signature and Cover Page for this Amendment (the "Contract") is entered into by and between the Contractor, and the State. 2. TERMINOLOGY Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the Contract shall be construed and interpreted in accordance with the Contract. 3. AMENDMENT EFFECTIVE DATE AND TERM A. Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown under the State Controller Signature. The State shall not be bound by any provision of this Amendment before that Amendment Effective Date, and shall have no obligation to pay Contractor for any Work performed or expense incurred under this Amendment either before or after of the Amendment term shown in §3.B of this Amendment. B. Amendment Term The Parties' respective performances under this Amendment and the changes to the Contract contained herein shall commence on the Amendment Effective Date shown under the State Controller Signature or December 15, 2018, whichever is later and shall terminate on the termination of the Contract. 4. PURPOSE The Parties entered into the agreement to improve water quality by implementing best management practices to reduce chemical and sediment loading near a public works facility site adjacent to Gore Creek near Vail, Colorado. The Parties now desire to no cost change for the following reason: to extend the contract term due to delays associated with with best management practices implementation. Additionally, provisions to add an option letter have been added. Page 2 of 3 November 6, 2018 - Page 21 of 5. MODIFICATIONS The Contract and all prior amendments thereto, if any, are modified as follows: A. The Contract Initial Contract Expiration Date on the Contract's Signature and Cover Page is hereby deleted and replaced with the Current Contract Expiration Date shown on the Signature and Cover Page for this Amendment. B. The Amendment and all prior amendments thereto, if any, are modified as follows: i. The Parties now agree to modify Exhibit: A, Additional Provisions is deleted and replaced in its entirety with Revised Exhibit A, to add additional provisions # 22 and 23. 6. LIMITS OF EFFECT AND ORDER OF PRECEDENCE This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments or other modifications to the Contract, if any, remain in full force and effect except as specifically modified in this Amendment. Except for the Special Provisions contained in the Contract, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Contract or any prior modification to the Contract, the provisions of this Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions contained in the Contract to the extent that this Amendment specifically modifies those Special Provisions. Page 3 of 3 November 6, 2018 - Page 22 of Revised Exhibit A ADDITIONAL PROVISIONS To Original Contract Dated 04/13/2017- Original Contract Routing Number 18 FEGA 99113 To Contract Amendment #1 Routing Number 19 FEGA 121509 These provisions are to be read and interpreted in conjunction with the provisions of the Contract specified above. 1. This Contract contains federal funds (see Catalog of Federal Domestic Assistance (CFDA) number 66.460). 2. The United States Environmental Protection Agency ("USEPA") has awarded federal funds under Notice of Cooperative Agreement Awards, hereinafter "NCAA" number C9-99818616, to provide support to the state of Colorado to implement its State Nonpoint Source Management program developed under the Clean Water Act Section 319. If the underlying Notice of Cooperative Agreement Award "NCAA" authorizes the State to pay all allowable and allocable expenses of a Contractor as of the Effective Date of that NCAA, then the State shall reimburse the Contractor for any allowable and allocable expenses of the Contractor that have been incurred by the Contractor since the proposed Effective Date of this Contract. If the underlying NCAA does not authorize the State to pay all allowable and allocable expenses of a Contractor as of the Effective Date of that NCAA, then the State shall only reimburse the Contractor for those allowable and allocable expenses of the Contractor that are incurred by the Contractor on or after the Effective Date of this Contract, with such Effective Date being the later of the date specified in this Contract or the date the Contract is signed by the State Controller or delegee. 3. To receive compensation under this Contract, the Contractor shall submit a signed quarterly CDPHE WQCD Nonpoint Source Program Custom Invoice Form. This form is accessible from the CDPHE internes website http://www.colorado.gov/cs/Satellite/CDPHE-Main/CBON/1251622941228 and is incorporated and made part of this Contract by reference. CDPHE will provide technical assistance in accessing and completing the form. The CDPHE WQCD Nonpoint Source Program Custom Invoice Form must be submitted within forty-five (45) calendar days of the end of the billing period for which services were rendered. Expenditures shall be in accordance with the Statement of Work attached hereto as Exhibit B and incorporated herein and the associated Budget attached hereto as Exhibit C and incorporated herein. The Contractor shall provide the following documentation with the completed invoice: progress reports. This supporting documentation shall be submitted with the completed CDPHE Reimbursement Invoice Form and sent to: Nonpoint Source Project Coordinator Water Quality Control Division, Nonpoint Source Program Colorado Department of Public Health and Environment WQCD-R&P-B2 4300 Cherry Creek Drive South Denver, Colorado 80246 Email: cdphe_wgcd_nonpointsource+managers@state.co.us To be considered for payment, billings for payments pursuant to this Contract must be received within a reasonable time after the period for which payment is requested, but in any event no later than forty-five (45) calendar days after the relevant performance period has passed. Final billings under this Contract must be received by the State within a reasonable time after the expiration or termination of this Contract; but in any event no later than forty-five (45) calendar days from the effective expiration or termination date of this Contract. Unless otherwise provided for in this Contract, "Local Match", if any, shall be included on all invoices, as required by funding source. Page 1 of 4 Contract Exhibit -A AdditionalProvisions 040715 November 6, 2018 - Page 23 of Revised Exhibit A The Contractor is required to submit progress reports with each request for reimbursement and semi-annual progress reports. Semi-annual reports are due on March 15th for the period of July 1St through December 31St of the previous year and on September 15th for the period of January 1St through June 30th of that year. Reports are based on templates provided by the CDPHE. 4. Time Limit For Acceptance Of Deliverables. a. Evaluation Period. The State shall have thirty (30) calendar days from the date a deliverable is delivered to the State by the Contractor to evaluate that deliverable, except for those deliverables that have a different time negotiated by the State and the Contractor. b. Notice of Defect. If the State believes in good faith that a deliverable fails to meet the design specifications for that particular deliverable, or is otherwise deficient, then the State shall notify the Contractor of the failure or deficiencies, in writing, within thirty (30) calendar days of: 1) the date the deliverable is delivered to the State by the Contractor if the State is aware of the failure or deficiency at the time of delivery; or 2) the date the State becomes aware of the failure or deficiency. The above time frame shall apply to all deliverables except for those deliverables that have a different time negotiated by the State and the Contractor in writing pursuant to the State's fiscal rules. c. Time to Correct Defect. Upon receipt of timely written notice of an objection to a completed deliverable, the Contractor shall have a reasonable period of time, not to exceed ten (10) calendar days, to correct the noted deficiencies. 5. Notice of Mobilization/Demobilization for CO NPS Implementation Projects. a. The Contractor shall provide notification by email to their assigned Nonpoint Source Project Coordinator and the Nonpoint Source Coordinator 7 calendar days prior to the intent to mobilize activities and/or equipment with intent to begin the physical construction activities of an implementation project. The notification shall include: • the name, address and telephone number of the Contractor; • contract routing number; • tasks that will be performed (from Statement of Work); • estimated starting dates of the construction activities; and • geographic location and description of the site where the construction activities are to be performed. b. The Contractor shall provide notification by email to their assigned Nonpoint Source Project Coordinator and the Nonpoint Source Coordinator 7 calendar days prior to the intent to demobilize activities and/or equipment with intent to end the physical construction of an implementation project. The notification shall include: • the name, address and telephone number of the contractor; • contract routing number; • tasks that were performed (Statement of Work); • estimated ending dates of the construction activities; and • geographic location and description of the site where the construction activities were performed. 6. Health Insurance Portability and Accountability Act (HIPAA) Business Associate Determination. The State has determined that this Contract does not constitute a Business Associate relationship under HIPAA. 7. This award does not include funds for Research and Development. Page 2 of 4 Contract Exhibit -A AdditionalProvisions 040715 November 6, 2018 - Page 24 of Revised Exhibit A 8. The Contractor shall not use funds under this Contract to purchase light refreshments and/or meals to be served at meetings, conferences, training workshops and outreach activities (events) unless the purchase of light refreshments has been pre -approved by the NPS program project coordinator during scope of work negotiations. 9. Matching Contributions: The Contractor agrees to provide a matching contribution of at least $90,083. Matching contributions may be provided as cash or in-kind services, and may include contributions from other project partners. Contributions from other federal sources are not considered eligible match. 10. Responsible Project Director: The Contractor's performance of the services required hereunder shall be under the direct supervision of Kristen Bertuglia, who is hereby designated as the Contractor's Project Director for this Contract. If, at any time during the term of this Contract, the Contractor's named Project Director, Kristen Bertuglia is not assigned to this Contract, then the Contractor shall immediately notify the State in writing and all work under this Contract shall be suspended until a new Project Director, acceptable to the State, has been assigned by the Contractor to this Contract. 11. Final Payment: The State shall hold five percent (5%) of the total obligation of the State as the final payment. Final payment will be made upon approval of the final report by the State. 12. Minority Business Enterprises and Women's Business Enterprises: If, at any time during the term of this Contract, or any renewal or extension thereof, the Contractor awards any subcontract(s) under this Contract to a Minority Business Enterprise ("MBE") or a Women's Business Enterprise ("WBE"), then the Contractor shall complete and submit an EPA Form 5700-52A "MBE/WBE Utilization under Federal Grants, Cooperative Agreements, and Interagency Agreements" to the State within thirty (30) calendar days of the date each award is made. The Contractor shall adopt the "fair share" goal associated with the grant identified in 2., which is a minimum six and one-tenth percent (6.1%) fair share goal for the utilization of Minority Business Enterprises (MBEs) and a minimum six and six -tenths percent (6.6%) fair share goal for the utilization of Women's Business Enterprises (WBEs) by contractors and subcontractors for supplies, construction, services or equipment. The Contractor shall demonstrate that, prior to the award of any subcontract(s) for project work under this Contract, affirmative steps have been taken, as identified in 40 CFR 30.44(b). If, at any time during the term of this Contract, or any renewal or extension thereof, the Contractor awards any subcontract(s) under this Contract to a Disadvantaged Business Enterprises (DBEs), then the Contractor shall complete and submit an EPA Form 5700-52A "MBE/WBE Utilization under Federal Grants, Cooperative Agreements, and Interagency Agreements" to the State within thirty (30) calendar days of the date each award is made. 13. Matching Requirements: Match requirements shall be documented in accordance with 2 CFR 225 Cost Principles for State, Local and Indian Tribal Governments, as currently promulgated. 14. Public Information: When issuing statements, press releases, requests for proposals, bid solicitations, or any other documents describing the activities funded under this Contract, the Contractor shall clearly state on those documents the percentage of the total cost of the project which is financed with federal funds. Also, the Contractor shall include the Colorado Department of Public Health and Environment Nonpoint Source Program and Environmental Protection Agency in the credits on all public information and educational products that are developed under this contract. 15. Permits and Surveys: Contractor shall ensure that all necessary permits (such as Clean Water Act Section 404) are received or surveys completed (such an Endangered Species Act or Historic Preservation Act) prior to implementation of any funded activity which may fall under these or other applicable laws. Copies of any biological survey results, where a survey is necessary under Endangered Species Act shall be forwarded to the State. Contractor shall provide copies of all permits upon request of the State. 16. Hotel and Motel Fire Safety Act: The Contractor shall ensure that any conference, meeting, convention, or training space funded in whole or in part with Federal funds comply with the Hotel and Motel Fire Safety Act of 1990. 17. Waste Prevention and Recycled Materials: The Contractor shall use recycled paper and double -sided copies for all reports which are prepared as part of this contract. This requirement does not apply to reports Page 3 of 4 Contract Exhibit -A AdditionalProvisions 040715 November 6, 2018 - Page 25 of Revised Exhibit A prepared on forms supplied to the Environmental Protection Agency of to "Standard Forms" which are available through the General Services Administration. 18. Operation and Maintenance: The Contractor shall assure the continued proper operation and maintenance of all nonpoint source management practices that have been implemented for projects funded under this agreement. Such practices shall be operated and maintained for the expected lifespan of the specific practice and in accordance with commonly accepted standards. 19. Requirement for Data Universal Numbering System (DUNS) numbers. If you are authorized to make sub - awards under this award, you: a. Must notify potential sub -recipients that no entity (see definition in paragraph C of this award term) may receive a sub -award from you unless the entity has provided its DUNS number to you. b. May not make a sub -award to an entity unless the entity has provided its DUNS number to you. 20. TITLE VI — LEP, Public Participation and Affirmative Compliance Obligation As a recipient of EPA financial assistance, you are required by Title VI of the Civil Rights Act to provide meaningful access to LEP individuals. In implementing that requirement, the recipient agrees to use as a guide the Office of Civil Rights (OCR) document entitled "Guidance to Environmental Protection Agency Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons." The guidance can be found at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2004_register&docid fr25jn04-79.pdf If the recipient is administering permitting programs under this agreement, the recipient agrees to use as a guide OCR's Title VI Public Involvement Guidance for EPA Assistance Recipients Administering Environmental Permitting Programs. The Guidance can be found at http://edocket.access.gpo.gov/2006/pdf/06-2691.pdf. 21. If the Contractor expends federal funds from all sources (direct or from pass-through entities) in an amount of $800,000 or more during its fiscal year, then the Contractor shall have an audit of that fiscal year in accordance with Office of Management and Budget (OMB) Circular 2 C.F.R. 200 Sub -Part F — Audit Requirements. If the Contractor expends federal funds received from CDPHE in an amount of $800,000 or more during its fiscal year, then the Contractor shall furnish one (1) copy of the audit report(s) to CDPHE's Internal Audit Office within thirty (30) calendar days after the Contractor's receipt of the auditor's report(s) or nine (9) months after the end of UWP's audit period, whichever is earlier. If (an) instance(s) of noncompliance with federal laws and regulations occurs, then the Contractor shall take all appropriate corrective action(s) within six (6) months of the issuance of the audit report(s). If the Contractor is required to submit an annual indirect cost proposal to CDPHE for review and approval, then the Contractor's auditor shall audit the proposal in accordance with the requirements of OMB Circular 2 C.F.R. 200 Sub -Part E - Cost Principles. 22. The State, at its discretion, shall have the option to extend the term under this Contract beyond the Initial Term for a period or for successive periods, of 1 year at the same rates and under the same terms specified in the Contract. In order to exercise this option, the State shall provide written notice to Contractor in as form substantially equivalent to Exhibit D. If exercised, the provisions of the Option Letter shall become part of and be incorporated in the original contract. The total duration of this contract shall not exceed 5 years. 23. The State, at its discretion, shall have the option to increase or decrease the statewide quantity of Goods and/or Services based upon the rates established in this Contract, and modify the maximum amount payable accordingly. In order to exercise this option, the State shall provide written notice to Contractor in as form substantially equivalent to Exhibit D. Delivery of Goods and/or performance of Services shall continue at the same rates and terms as described in this Contract. Page 4 of 4 Contract Exhibit -A AdditionalProvisions 040715 November 6, 2018 - Page 26 of Exhibit D OPTION LETTER Date: State Fiscal Year: Option Letter No. Original Contract CMS# Option Letter CMS Routing # CORE Encumbrance # DELETE all BLUE text, CUSTOMIZE Red text and CHANGE Red text to Black after customization. 1) OPTIONS: Choose all applicable options listed below a. Option to extend for a renewal or additional term b. Option to change amount of goods c. Option to change amount of services d. Option to change contract rates e. Option to initiate next phase of contract 2) REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below: a. For use with Options a: In accordance with Section(s) enter section the Original Contract referenced above between the State of Colorado, Colorado Department of Public Health and Environment, and enter Contractor's name the State hereby exercises its option for an additional term beginning insert start date and ending on insert end date at the rates stated in the Original Contract, as amended. b. For use with Option b and c. In accordance with Section(s) enter section of the Original Contract routing number referenced above, between the State of Colorado, Colorado Department of Public Health and Environment, and enter Contractor's name the State hereby exercises its option to Increase/Decrease the quantity of Goods/Services or both at the rates stated in the Original Contract, as amended. c. For use with Option d. In accordance with Section(s) enter section of the Original Contract routing number referenced above, the State hereby exercise its option to modify the Contract rates specified in Exhibit/Section Number. The Contract rates attached to this Option letter in Exhibit/Attachment Name replace the rates in the original Contract as of the Option Effective Date of this Option Letter. d. For use with Option e: In accordance with Section(s) enter section of the Original Contract routing number referenced above, the State hereby exercise its option to initiate Phase indicate which Phase: 2, 3, 4 etc. which shall begin on insert start date and ending on insert end date at the cost/price specified in Section enter section the Original Contract referenced above. e. For use with Options a, b, c that modify the contract value: The amount of the current Fiscal Year contract value is increased/decreased by $ enter amount of change to a new contract value of insert new $ amount as consideration for services/goods ordered under the contract for the current fiscal year Indicate Fiscal Year. The first sentence in Section enter section of the original contract is hereby modified accordingly. The amended total contract financial obligation including all previous amendments, option letters, etc. is insert new $ amount. 3) Effective Date: The effective date of this Option Letter is upon approval of the State Controller if exact date is required complete the following: enter date, and include the following: whichever is later. STATE OF COLORADO John W. Hickenlooper, GOVERNOR Department of Public Health and Environment PROGRAM APPROVAL: By: By: Lisa McGovern, Purchasing & Contracts Section Director Date: ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. Page 1 of 2 November 6, 2018 - Page 27 of STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Date: Exhibit D Page 2 of 2 November 6, 2018 - Page 28 of VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Town Manager Report ATTACHMENTS: Description Town Manager Report TOWN OF 1 X41 November 6, 2018 - Page 29 of TOWN OF511.) 75 South Frontage Road West Vail, Colorado 81657 vailgov.com TOWN MANAGER REPORT - Nov 6th TOWN COUNCIL MEETING TOPICS Booth Falls Trail Intermountain Forest Fuels Mitigation CAST Town Clerk Recruitment Town Hall Charging Station Towns and County Dinner Booth Falls Trail Town Manager's Office 970.479.2106 970.479.2157 fax Council was forwarded the latest article on outdoor recreation, trail usage, and the Front Ranger program that we are joining to help fund seasonal help with the United States Forest Service (USFS). http s: //www.washingtonpost. com/national/health-science/a-colorado-resort-area- comes-to-the-aid-of-a-cash-strapped-national-forest/2018/09/28/2d01 eb8e-bc24- 11 e8-b7d2-0773 aal e33 dastory.html While the larger discussion of local funding and stewardship on federal lands remains an attention getter, we continue to receive complaints and concerns related to the Booth Falls Trailhead, specific to parking, sanitation, and related issues. This of course was a referenced example in the above -linked story. Staff is currently exploring some process and analysis strategies to address this issue, specific to Booth Falls Trailhead but possibly applicable to other public trails in the area. Our intent is to report back to Council with a suggested process in the near future, in hope that efforts can be taken to look at the issues over the winter months. Needless to say, any process will need to involve the USFS and other stakeholders, and of course, public input. Stay tuned. Intermountain Forest Fuels Mitigation On October 31, 2018 crews from Vail Fire and Emergency Services and the United States Forest Service (USFS) conducted a pile burn on several units of the Intermountain Hazardous Forest Fuels Reduction Project. The burn was significant, involving 248 piles on 12 acres. The piles were the result of the project conducted during the summer of 2018, by the fire department's seasonal wildland fire crew. Part of the cost of the piling was offset by a grant from the Nature Conservancy. The purpose of the project was to reduce fuel loading and thereby modify potential fire behavior by piling residual slash and logs from the 2017 helicopter logging project. The entire project is on USFS lands. Additional pile burning may occur in 2018 on the Deer Underpass Fuels Reduction project. Completion of this project will be contingent upon favorable burn conditions and coordination with Colorado Department of Parks and Wildlife. November 6, 2018 - Page 30 of Colorado Assn of Ski Towns The quarterly meeting occurred last week in Winter Park, and was very well attended. Both the Mayor and I attended, and the Town also had a couple guest speakers involved in the presentations. One of those speakers was George Ruther, who will give you a more thorough update on this and other presentations that he has been involved with over the past couple weeks. This will be coming your way. The other speaker was our Finance Director, Kathleen Halloran, who spoke on the topic of "preparing for the next economic downturn". The Town of Vail was well represented. Pasted below is a copy of the agenda. The next meeting will be in late January, at Teton Village in Wyoming. Oy0 R4.6 C, 40 SKI TOWN S AGENDA October 25-26, 2418 Winter Park, Colorado Thursday October 25 Deno's Restaurant 78911 Main St./Hwy46 6:60-9:60 p.m. Reception and Dinner Friday, October 26, Headwaters Ecology Center, 734 Baker Dr 7:45 a.m. Breakfast Starts 8:16 Call to Order and Introductions, Greg Clifton, CAST President 8:14 Approval of August 2418 Meeting Minutes 8:15 Mayor's Welcome t4 Winter Park, Mayor Jimmy Lehrman 8:25 Crown Castle, Scott Harry, Government Relations Manager, West Region Crown Castle Is a communications Infrastructure provider that !wilds fiber and wireless sites on behalf of carriers such as T -Mobile and AT&T- Mr. Harry will share how CAST members can position themselves to attract and be ready Far wireless Infrastructure Investment. 9:15 Affordable Housing Panel Jahn Crone, Housing Manager, Winter Pork Horising Authority George Rather, Director of Housing, Vail Steve Barwick, Manager, ,aspen 10:15 Break 10:36 Winter Park Resort, Sky Foulkes, CEO 10.56 Proposition 110 -Transportation Funding Initiative Margaret Bowes, CAST 11:15 Preparing for the Next Economic Shift -Kathleen Haiioran, f1naA[e Director, vami 'Todd Brown, [bond!, Telluride 12:65 Updates/Other Business -Affordable housing: potential 2019 legislation 12:15 Innovators Showcase (3 minutes/member) 12:36 Adjourn Town Manager's Report Page 2 November 6, 2018 - Page 31 of Town Clerk Recruitment With the recent appointment of Patty McKenny to the Assistant Town Manager position, we of course have an immediate vacancy at the Town Clerk Position. The Job Description has been updated and the recruitment process is underway. Please note that this posting will be internal only, and we hope to have a quick conclusion of the process. The closing occurs on November 6th with interviews and selection to be made shortly thereafter. The Town Clerk's Office is responsible for: • the facilitation, coordination and management of the day-to-day business operations • preparing the environment in which to conduct municipal business related to the work of the elected municipal officials (Vail Town Council), the Local Liquor Licensing Authority, the Town Manager, Town Attorney offices • the administration of municipal elections and records management program • interpreting, understanding and implementing certain sections of the Colorado Revised Statutes (i.e. Election and Campaign Codes), Colorado Liquor & Beer Code, Town Charter, Municipal Code, Public Open Records Act and other pertinent federal, state, and local laws, codes, and regulations The Town Clerk is called out in the Vail Municipal Charter. We will have a small panel that includes Patty McKenny, Krista Miller and myself, at the finalist review table. Stay tuned for updates on this important undertaking. Town Hall Charging Station Thanks are given to the crew at Public Works who helped install a vehicle charging station at Town Hall. The charger was available and not being used ... so it is now being put to great usage. The Town Manager's vehicle — a plug-in hybrid — is able to go to and from work twice per day on a single charge, which is quite beneficial. Towns and County Dinner The dinner is set for December 5th at the Donovan Pavilion. Municipalities within the Eagle Valley have been invited, together with Eagle County. We are expecting a good turnout, and a wonderful inaugural event with our neighbors. Efforts are pending to line up a guest speaker. The format of the evening and other details will soon follow. Also, we have a private sponsor lined up (Stifel Nicolaus) to cover the beer and wine. Town Manager's Report Page 3 November 6, 2018 - Page 32 of TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Eagle River Community Water Plan Presentation PRESENTER(S): Kristen Bertuglia, Environmental Sustainability Manager, Holly Loff, Eagle River Watershed Council ACTION REQUESTED OF COUNCIL: Informational only; no formal action needed. BACKGROUND: The Eagle River Community Water Plan is an Eagle River Watershed Council (ERWC) led effort to develop proactive water management recommendations that anticipate changes to population growth and increasing municipal demand for water in Eagle County, climate change, and projects related to the 1998 Eagle River Memorandum of Understanding (ERMOU) — an intergovernmental agreement for developing municipal water supplies in the upper Eagle River watershed. Planning activities will focus on the mainstem Eagle River from its headwaters on Tennessee to the confluence with the Colorado River, the hydrologic influence of all of the tributaries will be considered with extra focus on the East Fork of the Eagle River and Gore and Homestake Creeks. ATTACHMENTS: Description Memo Eagle River Community Water Plan Presentation Eagle River Community Water Plan November 6, 2018 - Page 33 of Eagle River c;i:j Watershed Advocates for our rivers Council EAGLE RIVER COMMUNITY WATER PLAN November 2018 Summary: The plan is an Eagle River Watershed Council (ERWC) led effort to develop proactive water management recommendations that anticipate changes to population growth and increasing municipal demand for water in Eagle County, climate change, and projects related to the 1998 Eagle River Memorandum of Understanding (ERMOU) — an intergovernmental agreement for developing municipal water supplies in the upper Eagle River watershed. Planning activities will focus on the mainstem Eagle River from its source on the East Fork Eagle River below Eagle Park Reservoir to the confluence with the Colorado River, including assessment on Homestake and Gore Creeks. (Refer to attached map.) A thorough stakeholder process is central to a successful plan. Stakeholders, which include local conservation organizations, state and federal agencies, recreational users, commercial fishing/rafting guides, ERMOU partners, local governments, agricultural users, and other community groups and individuals, will help develop strategies that can respond to these changes in a way that helps meet municipal demands, while maintaining and improving ecological and recreational attributes in the Eagle River watershed. This plan will integrate both consumptive and non -consumptive water uses to ensure that all existing and future uses are considered. It will safeguard the interests of the community and extended stakeholders, which include environmental and recreational use needs. ERWC will provide the opportunity for all interested parties to participate and will collaborate with the community so results of this plan are accepted as a fair and reasonable approach to managing our vital water source. Background: In 2015, the state of Colorado adopted Colorado's Water Plan that sets forth a water management roadmap to achieve a productive economy, vibrant and sustainable cities, productive agriculture, a resilient environment, and a robust recreation industry. Specific to protecting and enhancing stream flows, the plan calls for 80 percent of locally prioritized rivers to be covered by Stream Management Plans by 2030. In fall 2017, ERWC, in partnership with River Network, launched a stakeholder outreach process to build engagement and funding support for the planning effort and to create the plan goals/objectives that best reflect the interests and concerns of stakeholders. Stakeholders include Eagle County; towns of Vail, Minturn, Avon, Eagle, Gypsum, Red Cliff; Edwards Metro District; ERMOU Partners (cities of Colorado Springs and Aurora; Climax Molybdenum Company; Eagle River Water & Sanitation District; Upper Eagle Regional Water Authority; Vail Associates, Inc; and Colorado River Water Conservation District); Eagle County Conservation District; Northwest Colorado Council of Governments; American Rivers; National Forest Foundation; Colorado Department of Natural Resources; Colorado Parks and Wildlife; U.S. Forest Service; and Bureau of Land Management. The planning process will bring stakeholders together to promote sustainability of healthy rivers that support multiple economic drivers. The plan will provide a water management framework to provide for the continued sustainability of our water resources and equitably maximize benefits. This three-year project commenced in June 2018 and has a budget of nearly $390,000. Of this amount, about 47 percent is from a CWCB — Colorado Watershed Restoration Grant, 19 percent from the Colorado Basin Roundtable, 27 percent from stakeholders, and 7 percent in-kind contributions. 330 Broadway, Unit D 11 PO Box 5740, Eagle, Colorado 81631 11 970-827-5406, info®erwc.org, www.erwc.org Eagle River Watershed Council is a nonprofit 5o1(c)3 organization that advocates for the health and conservation of the Upper Colorado and Eagle River basins through education, research, and projects. November 6, 2018 - Page 34 of November 6, 2018 - Page 35 of 40 i As ---11P111111111111- AI- -41.11.1.111*- Eagle River Watershed Council • Mit( 4111101010 0 Eagle River Community Water Plan • toe - a1 Holly Loff executive director November 6, 2018 - Page 36 of 199 ti Eagle River Watershed — Project Streams • Gypsum Minturrr fJi. 5 ; 10 miles Eagle River Community Water Plan November 6, 2018 - Page 37 of 199 WHAT IS A COMMUNITY WATER PLAN? Planning efforts to integrate multiple uses into the broader framework of water management cc2 a. _ Eagle River Community Water Plan November 6, 2018 - Page 38 of 199 WHAT ARE THE ELEMENTS OF A COMMUNITY WATER PLAN? Seek multiple benefits Engage community members Consider a changing environment Restorative, regenerative and flexible a. _ Eagle River Community Water Plan November 6, 2018 - Page 39 of 199 WHY DO WE NEED A COMMUNITY WATER PLAN? • Balance all uses and protect river health • Develop proactive water management recommendations — Population growth — Drought — Water supply planning (e.g. Eagle River MOU) cc2 Eagle River Watershed Project Streams • Gypsum Minturn r F. 10 miles Eagle River Community Water Plan November 6, 2018 - Page 40 of 199 WHY DO WE NEED A COMMUNITY WATER PLAN? Pawnee National Grassland ste e—River N=tional For Uncompahgre National Forest Alamosa 0 Trinld a /M 1 Community WaLer Plan in progress Community Water Plan completed Eagle River Community Water Plan November 6, 2018 - Page 41 of 199 river �.. NETWORK connecting people•saving rivers WHO IS IN INVOLVED IN THE COMMUNITY WATER PLAN? Eagle River Watershed Council Project management and fiscal oversight I�tic hydrological Technical expertise, water resource engineering services, field data collection, and quantitative analysis Eagle River Community Water Plan TO THE POFNT VI Stakeholder outreach, coordination, and meeting facilitation IPINP November 6, 2018 - Page 42 of 199 WHO IS INVOLVED IN THE COMMUNITY WATER PLAN? Eagle County Conservation District r 1 NMEHTS WATER QUALITY ouAMY COMMrTTEE NATIONAL ORES law FOUNDATION American Rivers Rivers Connect Us Town off!' Gypsum EST.1911 AVOfl COLORADO 4111110 w Urn 'EAGLE COUNTY :u4s OREST SERvicF p'TMENT OF AGRICU�� U.S. DEPARTMENT OF THE INTERIOR FIIREAIU Or LAM M6.NA0EMtN1 TOWN of VAIL Pik r' TI. cc2 AURORA WATER 1 MCiimax Molybdenum A Freeport-MchfoRen Company Al L F E RTS Colorado Springs Utilities EAGLE RIVER ft's how we're all connected WATER & SANITATION Eagle River Community Water Plan DISTRICT Colorado River District November 6, 2018 - Page 43 of 199 HOW WILL WE CREATE A COMMUNITY WATER PLAN? Manage Adaptively Monitor Implementation Outcomes Define Purpose and Scope Assess Conditions and Identify Risks Engage Stakeholders Implement Priority Actions r Communit Water Plan Evaluate and Prioritkg,ftfjpr{ 1R - Pana 44nf1QQ Select Objectives and Measurable Results ISPAI 1110 Identify Potential Alternative Actions °IC HOW WILL WE CREATE A COMMUNITY WATER PLAN? • FUNDING Total Cost: $389,945 CWCB Colorado Watershed Restoration Grant: $181,445 Colorado Basin Roundtable: $75,000 Stakeholders: $106,500 In -Kind: $27,000 a. _ Eagle River Community Water Plan November 6, 2018 - Page 45 of 199 lit ilirWHEN WILL WE CREATE A COMMUNITY WATER PLAN? r ■ June 2018 January 2019 Refine Scope Community Meetings a. _ Eagle River Community Water Plan February 2019 Review Community Input 1 June 2019 ri. Review Conceptual Models Summer 2019 ICommunity Meetings November 6, 2018 - Page 46 of 199 WHEN WILL WE CREATE A COMMUNITY WATER PLAN? Late Summer 2020 ■ November 2019 Alternative Management Options January 2020 Community Meeting February 2020 Review Final Alternative Options Summer 2020 Finalize Plan ICommunity Reveal Eagle River Community Water Plan November 6, 2018 - Page 47 of 199 Eagle River Watershed Council Thank you Eagle River Watershed Council frot 141191111111111111;11"6-1 Holly Loff, Executive Director www.erwc.org loll@erwc.org 970-827-5406 November 6, 2018 - Page 48 of 199 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Vail Trails Sidewalk Connection on Vail Valley Drive PRESENTER(S): Tom Kassme, Town Engineer ACTION REQUESTED OF COUNCIL: Approve the construction of a sidewalk connection at the Vail Trails Chalets along Vail Valley Drive with private improvements remaining in the Right of Way. BACKGROUND: This section of Vail Valley Drive has not had a connecting sidewalk due to the private improvements in the Right of Way. The owners have agreed to complete a joint project to construct the sidewalk in 2019 if the private improvement can remain in the Right of Way. STAFF RECOMMENDATION: Support the construction of the sidewalk and provide direction as to whether or not to maintain the private improvements within the Right of Way. ATTACHMENTS: Description Staff Memo MPG Memo Presentation November 6, 2018 - Page 49 of TOWN OF VAIL. Memorandum To: Town Council From: Public Works Department Date: 11/06/18 Subject: Vail Valley Drive Sidewalk Connection at Vail Trails Chalet I. SUMMARY The Vail Trails Chalet Association (Vail Trails) has recently contacted the Town of Vail Public Works Department about connecting a missing section of sidewalk along Vail Valley Drive directly in front of the Vail Trails Chalet complex, located at 413 Gore Creek Drive. This is a section of sidewalk that has been considered for construction on numerous occasions in the past; however it has been met with controversy due to the impact to private improvements and the Vail Trails pedestrian access to Units 1 and 2 which are within the Town's Right of Way (ROW). These improvements and access have existed since Vail Trails' construction in 1963 before the Town was incorporated. At this time, Vail Trails is supportive of the walk connection, and is willing to pay for the restoration of their private improvements and access, as long as the Town of Vail pays for the construction of the sidewalk. The impacted private improvements that are within the Town's ROW consist of stairs, pavers, landscaping, wood retaining walls, privacy fence, and a parking space, each of which have been in place for over 50 years. Vail Trails requests that they are able to maintain these same, yet reduced in area, private improvements within the ROW at their own cost along with the elimination of the one impacted parking space. These types of improvements, except for the privacy fence and parking space, are generally permitted within the Town ROW as long as a Revocable ROW Permit is on file. The Vail Trails is requesting that the existing non -conforming fence be allowed to be reconstructed at 72" in height to maintain privacy for the entrances into Units 1 and 2. This will require approval from the Design Review Board (DRB), and approval from the land owner, which in this case is the Town of Vail. Town Council may support or deny this request to proceed through the process. The Vail Trails has also indicated that the elimination of one of the parking spaces in the ROW is not an issue for them as they feel they have more than enough parking for their 19 condominiums. Their current parking count is non -conforming as the Town code requires 38 parking spaces, for which they have 29, (27 assigned parking spaces and November 6, 2018 - Page 50 of two guest spaces). Since the parking space to be eliminated is in the ROW the existing non -conforming status will not change, however they will then only have a total of 28 parking spaces available. II. STAFF RECOMMENDATION Considering the safety concerns of the missing section of sidewalk on Vail Valley Drive, and the cooperative approach to the construction of the walk, staff recommends Town Council supports the construction of the walk; and then also either supports, denies, or modifies the request to maintain the private improvements within the ROW including the fence. If Council supports the request, staff recommends the following conditions; • That the improvements go through the appropriate Town processes and be approved by the DRB, • That the privacy fence not exceed 72" in height measured from the proposed sidewalk, however Council may suggest that the fence be modified, shortened, and/or replaced with tall shrubs. • That all private improvements within the Right of Way be subject to the Town's standard Revocable Right of Way Permit, • And that upon any redevelopment they be required to meet all code requirements, and that this approval does not grandfather any of the non- conforming issues. If Council denies the request to maintain the privacy fence in the ROW, Council should also direct staff as to whether or not to move forward with construction of the sidewalk and in doing so remove the privacy fence. Staff also recommends budgeting $85,000 for the construction of the walk in 2019. These funds may be offset by savings that we will have in the Capital Street Maintenance budget this year. Town of Vail Page 2 November 6, 2018 - Page 51 of Mauriello Planning Group October 29, 2018 Town Council Members % Tom Kassmel, Town Engineer Town of Vail 75 South Frontage Road Vail, Colorado 81657 Re: Proposed Sidewalk Project adjacent to Vail Trails Chalet Dear Town Council Members: The Vail Trails Chalet Association hired Mauriello Planning Group last summer to assist them explore what opportunities might exist to add a Town sidewalk along Vail Valley Drive adjacent to the Vail Trails Chalet property in order to improve safety for pedestrians along this busy route while also benefitting its owners. We approached the Town Engineer, Tom Kassmel and Planning Manager, Chris Neubecker to discuss this concept. These discussions have lead to the development of civil plans by the Town and design plans by Vail Trails Chalet. Vail Trails Chalet was one of the first buildings developed in Vail in the 1960s. The building is developed as a condominium building and the two dwelling units located on the west side of the building are laid out as Townhomes with access provided directly from the west end of the building. In the late 1990s, the Town improved the sidewalks along this side of Vail Valley Drive but never completed the small section adjacent to the Vail Trails Chalet. This was due to the fact that the Vail Trails Chalet was developed with privacy fences and patio area located within the right-of-way, which have existed for more than 50 years. In the 1990s there was resistance from the then owners of these Vail Trails Chalet units being directly impacted by the Town's proposed improvements. The photo below shows the existing condition of the west end of the building and the area without a sidewalk. PO Box 4777 Eagle, Colorado 81631 1 Mauriello Planning Group 970.376.3318 www.mpgvail.com November 6, 2018 - Page 52 of After seeing the property and the impacts of adding a sidewalk on the privacy and separation from the traffic along Vail Valley Drive, one can certainly understand the concerns expressed in the 1990s. The current owners of these two end units within the Vail Trails Chalet (Javier Braun Burillo and Andres Nevares) also have concerns about the impacts of a new sidewalk to their homes but understand the greater concern of safe access by the public and their owners as well, which is why they approached the Town staff to address this issue. As you can see from the photo above, adding a sidewalk will eliminate existing vegetation and remove the existing privacy fencing along the roadway. The applicant first developed the following concept plan to accommodate the sidewalk while providing an adequate fence to maintain the same privacy as has existed and more minimal expense. Town staff suggested that without the landscaping in front of the fence there was a certain harshness to the design. The Vail Trails Chalet owners agreed and worried that the design would also devalue their property as well. In order to satisfy the aesthetic demands of the Town and the owners, a revised plan was developed. The revised plan has fair greater impact to the owners in terms of the amount of private outdoor space available for their use but provides a much softer feel, more consistent with the current landscaping and fencing on the property. The image below as laid out and designed achieves the goals of the Town and the owners by providing landscape relief along the street and continued privacy to the owners. 2 November 6, 2018 - Page 53 of Below is a plan view of the proposed project: bus MOP a,aserq Curb and pinta to rerns, VAIL VALLEY DRIVE neo Wipe- mea posts speted.P 8'. apes wth concrete oM s ooe prank nra The Vail Trails Chalet Association has treated this project from the beginning as a joint project working cooperatively with the Town and we believe that the cost structure to develop this improvement should also be shared. Below is how we believe the costs should be broken down to be most equitable to the parties: Vail Trails Chalet Cost Responsibility: • Repairing any pavers and decking in patio areas as a result of demolition; • Planting and maintaining of the new landscape planter areas within TOV right-of-way; • Paying for and providing water for irrigation; • Maintaining the irrigation system; • Funding the above grade/nonretaining sections of the fencing; • Maintaining all portions of the fence; • Installation and maintenance of all gates; and • Installation and repair of any stairs to the units. Town of Vail Cost Responsibility: • The public sidewalk; • Maintenance of the public sidewalk per the Town's general practices; • Any required demolition to install the sidewalk and related improvements; • Repair and replacement of pavement in the parking area as a result for sidewalk installation; • Retaining portions of the fencing that are required to support the landscape areas along the sidewalk; • The soil within the planter areas (fill); • Installation of the irrigation system within the landscape areas along the sidewalk; and • Final civil engineering costs (soft costs) for the project. We look forward to working with the Town and hope that this project can be included in the Town's budget for the spring of 2019. Every one in the neighborhood will benefit from being able to safely access the sidewalk and one of the Town's more popular bus stops just beyond. A more complete design package has been provided for your review. Sincerely, Dominic E Mauriello, AICP 3 November 6, 2018 - Page 54 of 359 DESIGN VAIL TRAILS CHALET WALK VAIL, CO TOWN COUNCIL SUBMITTAL \\ 25 October 2018 November 6, 2018 - Page 55 of 199 01.0 1\ SITE PLAN: context VAIL TRAILS CHALET WALK_VAIL, CO Town Council Submittal \\ 25 October 2018 November 6, 2018 - Page 56 of 199 2 01.0 \\ SITE PLAN: context VAIL TRAILS CHALET WALK_VAIL, CO Town Council Submittal \\ 25 October 2018 • ■._ . ,- • r r .74 o f +•. November 6, 2018 - Page 57 of 199 1111, G oRE swami ♦ DR/17 Rr w1r 1.4,14 u..40.): r 3 02.0 11 EXISTING CONDITION: existing photos VAIL TRAILS CHALET WALK_VAIL, CO Town Council Submittal \\ 25 October 2018 November 6, 2018 - Page 58 of 199 02.0 11 EXISTING CONDITION: existing photos VAIL TRAILS CHALET WALK_VAIL, CO Town Council Submittal \\ 25 October 2018 November 6, 2018 - Page 59 of 199 02.0 11 EXISTING CONDITION: existing photos VAIL TRAILS CHALET WALK_VAIL, CO Town Council Submittal \\ 25 October 2018 November 6, 2018 - Page 60 of 199 02.0 11 EXISTING CONDITION: existing photos VAIL TRAILS CHALET WALK_VAILI CO Town Council Submittal \\ 25 October 2018 November 6, 2018 - Page 61 of 199 02.0 11 EXISTING CONDITION: existing photos VAIL TRAILS CHALET WALK_VAIL, CO Town Council Submittal \\ 25 October 2018 November 6, 2018 - Page 62 of 199 8 02.0 11 EXISTING CONDITION: existing photos VAIL TRAILS CHALET WALK_VAIL, CO Town Council Submittal \\ 25 October 2018 November 6, 2018 - Page 63 of 199 9 02.0 11 EXISTING CONDITION: existing photos VAIL TRAILS CHALET WALK_VAILI CO Town Council Submittal \\ 25 October 2018 November 6, 2018 - Page 64 of 199 02.0 11 EXISTING CONDITION: existing photos VAIL TRAILS CHALET WALK_VAILI CO Town Council Submittal \\ 25 October 2018 November 6, 2018 - Page 65 of 199 12 02.0 11 EXISTING CONDITION: existing photos VAIL TRAILS CHALET WALK_VAILI CO Town Council Submittal \\ 25 October 2018 November 6, 2018 - Page 66 of 199 13 02.0 11 EXISTING CONDITION: existing photos VAIL TRAILS CHALET WALK_VAIL, CO Town Council Submittal \\ 25 October 2018 November 6, 2018 - Page 67 of 199 14 02.0 11 EXISTING CONDITION: existing photos _,::,.;‘,..;-; .0.7t1S. , /1100AH. I 4::1:01.. - At ... Y - ii*i . first* 'ft litty, 4". ■ _ L ■r •._R, . , r4 s r.- +; - 1 �is -. 1C -'OA L' . . :at +• ,!• VAIL TRAILS CHALET WALK_VAIL, CO Town Council Submittal \\ 25 October 2018 November 6, 2018 - Page 68 of 199 15 02.0 11 EXISTING CONDITION: existing plan 1 1;\< existing wall location N. r r r % I F EX. TREE TO REMAIN� EX. BOULDERS TO BE REMOVED, SALVAGE1 BOULDERS a2' IN DIAMETER FOR TOWN'S USE N:-1660244.11- E:2755844:31 :166Q244.11E:2755844:31 SAWCUI `_X. WALK p. 44 Ai 1 N:1560215.06 E:2755656.14\ -_k N:1 660223.91 L:2/55851.02 r! ! !j I til 4 '9i1 r+ �+� II/ / le\ N P 655870.20 R Ir+ EX- WALL TO BE REMOVED 7 I./ 1,, IIS 11 N:1660167.92 E:2755880.93 1 '• 'a4 oy r ; J 1 2* N:1860156.85/ 7- E:2755881.16 E:2755881.16 1 J 1 1 1* 878 EX. FE AND WALL BE REMO CE TO ED REMOVE, SALVAGE AND - RELOCATE EX. BUS STOP SIGN, RE -C100 EX. FENCE AND LANDSCAPE AREA TO BE REMOVED, RE:C100 FOR PROPOSED SIDEWALK LIMITS �- -SS-- -s5 - EX. STAIRS AND GATE TO BE REMOVED - REPLACEMENT BY OTHERS VAIL TRAILS CHALET WALK_VAIL, CO Town Council Submittal \\ 25 October 2018 WAIL VALLEY DRIVE LN:1660164,1 2 E:2755661.25 1= EX. CURB & GUTTER TO REMAIN, TYP. 5- LX. dOULULE2S BOULDERS >2' COORDINATE WIT PRIOR TO REM O HL REMOVED, SALVAGE DIAMETER AND TOWN AND OWNER L FROM SITE, TYP. -s5- _ 1.00' (/) existing wall location _mss -�� -Ss--� November 6, 2018 - Page 69 of 199 L. r i, • 1660158.37 /El 2755865.06 REMOVE, SALVAGE AND RELOCATE EX. STOP - SIGN, RE:C100 I =SAWCUT AND REMOVE EX. CURB AND GUTTER / ss-_ SAWCUT AND REMOVE EX. ASPHALT N:1560152.37 E:2755666.70 r7 1 16 03.0 11 PROPOSED PLAN: site plan . . previous wall location new wall location W6x15 Steel Post 4"x12" Precast Concrete Planks Wood Blocking aZ Fence Detail 2x6 Tounge and Groove Fencing Wood Blocking i proposed wall location proposed wall location \I bus stop internal planter space bike storage area • •-111-117-Ir11• • • • O) • planting space, min depth 26% • ■ atC aetl;as.ph h'rexistirig ,aXl§1ing,,oprb aJl 'gutter fo-rarnajn 1 Sidewalk Level (Typ.) 1/8" = 1'-0" qtr. ncref „ via eve fence= r1netal post part with ;concl etearid _wooct hank, it VAIL TRAILS CHALET WALK_VAIL, CO Town Council Submittal \\ 25 October 2018 17 November 6, 2018 - Page 70 of 199 03.0 11 PROPOSED PLAN: view 1 VAIL TRAILS CHALET WALK_VAILI CO Town Council Submittal \\ 25 October 2018 November 6, 2018 - Page 71 of 199 03.0 11 PROPOSED PLAN: view 2 VAIL TRAILS CHALET WALK_VAILI CO Town Council Submittal \\ 25 October 2018 November 6, 2018 - Page 72 of 199 03.0 11 PROPOSED PLAN: view 3 VAIL TRAILS CHALET WALK_VAIL, CO Town Council Submittal \\ 25 October 2018 November 6, 2018 - Page 73 of 199 03.0 11 PROPOSED PLAN: view 4 VAIL TRAILS CHALET WALK_VAIL, CO Town Council Submittal \\ 25 October 2018 November 6, 2018 - Page 74 of 199 21 03.0 11 PROPOSED PLAN: wall section detail new sidewalk curb planting area SD 1.3/2 new steel, wood and concrete wall 1 Wall Section Proposed 1/4" = 1'-0" r 1 VAIL TRAILS CHALET WALK_VAIL, CO Town Council Submittal \\ 25 October 2018 Sidewalk Level (lyp.) 79' - 0" November 6, 2018 - Page 75 of 199 Patio Level gyp.) ep 76' - 5" Wood Blocking 2x6 Tounge and Groove Fencing W6x15 Steel Post 4"x12" Precast Concrete Planks Wood Blocking UV - 2 Wall Section Proposed - Callout 1 1 1/2" = 1-0" 03.0 11 PROPOSED PLAN: wall section comparison new sidewalk planting area SD 1.3/2 new steel, wood and concrete wall 1 Wall Section Proposed 1/4" = curb - 1 Wall Section Existing 1/4" = existing retaining wall Sidewalk Level T . 79' - 0" Patio Level T 76' - 5" VAIL TRAILS CHALET WALK_VAIL, CO Town Council Submittal \\ 25 October 2018 23 November 6, 2018 - Page 76 of 199 TOWN Of UAIL VAIL TOWN COUNCIL AGENDA MEMO IT EM/TOPIC: Draft Letter to Eagle Holy Cross Ranger District as Public Comment to Vail Resorts, Inc. Proposal for a Snowmaking Project on Vail Mountain PRESENTER(S): Dave Chapin, Mayor ACTION REQUESTED OF COUNCIL: Discussion and motion on draft letter of support for snowmaking proposal. BACKGROUND: The Eagle -Holy Cross Ranger District is seeking public comment in response to a Vail Resorts proposal for a snowmaking project on Vail Mountain. Vail Resorts has asked for a Letter of Support for the project from the Town of Vail. Staff has reviewed the formal proposal documents, attended the public open house at the Eagle -Holy Cross Ranger District on October 23rd and discussed the project internally, as well as with several representatives of the U.S. Forest Service and Vail Resorts. The purpose of this memorandum is to outline the proposal, its potential benefits to the town and to address potential impacts for the town council to consider as part of a Letter of Support. A draft Letter of Support is attached for the Town Council to review and to suggest changes. The deadline for public comment is November 9, 2018. ATTACHMENTS: Description Staff Memo VRI Snowmaking Proposal TOV Letter of Support for VRI Snowmaking Project NOPA Document November 6, 2018 - Page 77 of TOWN OF VAIL' To: From: Date: Subject: Memorandum Vail Town Council Community Development and the Department of Public Works November 6, 2018 Discussion of a Letter of Support for Vail Mountain Resort Snowmaking Project I. INTRODUCTION The Eagle -Holy Cross Ranger District is seeking public comment in response to a Vail Resorts proposal for a snowmaking project on Vail Mountain. Vail Resorts has asked for a Letter of Support for the project from the Town of Vail. Staff has reviewed the formal proposal documents, attended the public open house at the Eagle -Holy Cross Ranger District on October 23rd and discussed the project internally, as well as with several representatives of the U.S. Forest Service and Vail Resorts. The purpose of this memorandum is to outline the proposal, its potential benefits to the town and to address potential impacts for the town council to consider as part of a Letter of Support. A draft Letter of Support is attached for the Town Council to review and to suggest changes. The deadline for public comment is November 9, 2018. II. BACKGROUND The Vail Mountain Resort Snowmaking Project proposes to expand snowmaking coverage and upgrade existing snowmaking infrastructure. The Notice of Proposed Action (NOPA) states that "The purpose of the project is to enhance the reliability and consistency of the skiing surface in response to site-specific operational concerns, guest expectations, and increased variability in climatic conditions like precipitation and temperature." Staff recommends that the Council review the following documents in conjunction with this memorandum. A copy of the NOPA is attached. Notice of Proposed Action (formal document): https://www.fs.usda.gov/project/?project=54859 Multi -media summary: https://goo.gI/7ApPdT. . Key information: • Snowmaking expansion • New or upgraded pipes • New valve stations • Additional water use • Temporary disturbance 262 acres, currently 452 acres 32.5 miles 14 282 acre-feet, currently 375 195 acres during construction November 6, 2018 - Page 78 of III. POTENTIAL BENEFITS FOR THE TOWN OF VAIL From an economic development perspective, the addition of snowmaking should result in positive outcomes for the Town of Vail. Included below are statements from the NOPA, followed by staff comments. • Vail is known for its world class terrain and snow conditions. • The purpose of the project is intended to enhance the reliability and consistency of the skiing surface in response to site specific operational concerns, guest expectations, and increased variability in climatic conditions like precipitation and temperature. Recently, below average natural snowfall in early season has resulted in negative economic effects on lodging occupancy and sales tax revenues in Vail. Lodging occupancy in both December 2017 and December 2012 dipped to 49% due in part to below average natural snowfall; compared with the 10 year average occupancy (2007 — 2017) in December was 56%. Sales tax revenue in December 2012 was off 7% from 2011 and in December 2017 was 4% lower than in 2016, again both December 2012 and December 2017 were months where early season snowfall total for Vail was substantially below normal. Ensuring that Vail provides predictably consistent snow surface in early season should ensure more consistent occupancy and sales tax revenue in Vail during this period. • Under the new plan, Vail's total snowmaking coverage would be 789 acres, or approximately 25 percent of the total skiable terrain. [Current snowmaking has] the capacity to make snow on 452 acres or 15% of total developed skiable terrain. Snowmaking in developed areas of the mountain will improve the guest experience and provide additional terrain to guests with a variety of skill levels, especially when natural snowfall is lacking. The reliability of consistent snow surface all season long should provide more consistent occupancy and sales tax revenue during the entire season. • Snowmaking infrastructure would be installed to provide coverage on ski trails that do not currently have snowmaking, and to replace aging infrastructure throughout Vail's SUP area. Improving snowmaking capacity and infrastructure will contribute to a more reliable and consistent snow surface and thus enhance guest experience into the future. While temporary inconvenience to guests or residents using the mountain will occur during construction in summer, the proposal anticipates minimal negative impacts to the guest and resident experience over time. Ultimately providing a more consistent mountain experience, including high elevation and expanded early season terrain, along with better snow surface coverage on circulation routes and high traffic areas throughout the season will enhance the guest experience on the mountain in winter for years to come. Town of Vail Page 2 November 6, 2018 - Page 79 of IV. POTENTIAL IMPACTS With a project of this scope, staff discussed several potential impacts as they relate to the Town of Vail. These include water quality, noxious weeds and project phasing. A. Water quality With 195 acres of temporary disturbance, the project has the potential for increased soil erosion which could impact waterways. This is discussed in the NOPA in both the Post -Construction Project Design Criteria on page 6 and the Preliminary Findings on page 7. Staff feels that the recommended actions adequately address Wetlands, Watershed, Geotechnical and Soils and Fishery concerns, with the following comment: The Post -Construction Criteria recommends stream health surveys for a period of 3 years following construction. Because Mill Creek could be affected by the work, and because the east and west branches of Mill Creek pass through the Town of Vail to their confluence with Gore Creek, staff would request that monitoring survey locations be discussed with the Town prior to establishment so that potential impacts to Mill Creek can be addressed and that any restoration necessary as a result of the project can be coordinated and funded by Vail Resorts. Note that some restoration work will be ongoing on the west branch of Mill Creek in 2019 as part of the Water Quality Riparian Restoration projects. B. Noxious weeds Staff feels the NOPA adequately addresses the potential for increased noxious weed infestations in both the Post Construction Project Design Criteria on page 6 and the Preliminary Findings on page 7. C. Construction timeline/phasing The General Project Design Criteria, Item 3 on page 5 notes that a Construction Implementation Plan will be prepared prior to starting any construction on USFS land. The NOPA does not recommend or provide information on construction phasing. Staff requests that Vail Resorts provide general comments in regards to construction implementation. V. STAFF RECOMMENDATIONS Staff has reviewed the NOPA document, discussed the project internally and prepared a draft Letter of Support. In general, the Vail Mountain Resort Snowmaking Project appears to be beneficial for the ski area and the town. The disturbances associated with construction are temporary, the recommended actions in the NOPA are generally thorough and Vail Mountain has a good track record of mitigating construction impacts and environmental disturbances. Town of Vail Page 3 November 6, 2018 - Page 80 of VI. ACTION REQUESTED BY COUNCIL Staff requests that the Town Council review the NOPA document and the draft Letter of Support and provide direction to staff to submit the letter or submit the letter with modifications to the US Forest Service as part of the public comment period for this project. Attachment: Attachment A Attachment B DRAFT Letter of Support Vail Mountain Resort Snowmaking Project, Notice of Proposed Action for Scoping and Comment Period Town of Vail Page 4 November 6, 2018 - Page 81 of TOWN of vain }` 75 South Frontage Road West Vail, Colorado 81657 vailgov.com November 6, 2018 Scott Fitzwilliams Forest Supervisor c/o Noel Ludwig, Project Lead 1617 Cole Blvd. Bldg. 17 Golden, CO 80401 Dear Mr. Fitzwilliams, Town Council 970.479.2106 970.479.2157 fax The Town of Vail would like to express its support of Vail Resorts' proposal for a snowmaking project on Vail Mountain in response to the Eagle -Holy Cross Ranger District's recent request for public comment on the proposal. Staff has reviewed the formal proposal documents, attended the public open house at the Eagle -Holy Cross Ranger District on October 23rd, and discussed the project internally as well as with several representatives of the U.S. Forest Service and Vail Resorts. From an economic development perspective, the addition of snowmaking should result in positive outcomes for the Town of Vail. Included below are statements from the Notice of Proposed Action (NOPA), followed by staff comments. • • Vail is known for its world class terrain and snow conditions. The purpose of the project is intended to enhance the reliability and consistency of the skiing surface in response to site specific operational concerns, guest expectations, and increased variability in climatic conditions like precipitation and temperature. Recently, below average natural snowfall in early season has resulted in negative economic effects on lodging occupancy and sales tax revenues in Vail. Lodging occupancy in both December 2017 and December 2012 dipped to 49% due in part to below average natural snowfall; compared with the 10 year average occupancy (2007 — 2017) in December was 56%. Sales tax revenue in December 2012 was off 7% from 2011 and in December 2017 was 4% lower than in 2016, again both December 2012 and December 2017 were months where early season snowfall total for Vail was substantially below normal. Ensuring that Vail provides predictably consistent snow surface in early season should ensure more consistent occupancy and sales tax revenue in Vail during this period. • Under the new plan, Vail's total snowmaking coverage would be 789 acres, or approximately 25 percent of the total skiable terrain. [Current snowmaking has] the capacity to make snow on 452 acres or 15% of total developed skiable terrain. November 6, 2018 - Page 82 of Snowmaking in developed areas of the mountain will improve the guest experience and provide additional terrain to guests with a variety of skill levels, especially when natural snowfall is lacking. The reliability of consistent snow surface all season long should provide more consistent occupancy and sales tax revenue during the entire season. Snowmaking infrastructure would be installed to provide coverage on ski trails that do not currently have snowmaking, and to replace aging infrastructure throughout Vail's SUP area. Improving snowmaking capacity and infrastructure will contribute to a more reliable and consistent snow surface and thus enhance guest experience into the future. The temporary inconvenience of construction activity to guests and residents using the mountain will occur during the summer, and the proposal anticipates minimal negative impacts to the guest and resident experience over the long-term. The proposed infrastructure expansion will result in a more consistent mountain experience, including high elevation and expanded early season terrain, along with better snow surface coverage on circulation routes and high traffic areas throughout the season thereby enhancing the guest experience on the mountain in winter for years to come. As part of the public comment process for this project, the Vail Town Council would like to ensure that a focus is maintained upon reducing and/or mitigating potential environmental impacts as prescribed in the NOPA. The Vail Mountain Resort Snowmaking Project appears to be beneficial for the ski area and the town. The disturbances associated with construction are temporary, the recommended actions in the NOPA are thorough, and Vail Mountain has a good track record of mitigating construction impacts and environmental disturbances. We thank you for the opportunity to provide this letter of support. Sincerely, TOWN OF VAIL Vail Town Council Members Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Town of Vail Page 2 November 6, 2018 - Page 83 of •VAIL® VAIL MOUNTAIN RESORT SNOWMAKING PROJECT NOTICE OF PROPOSED ACTION FOR SCOPING AND COMMENT PERIOD October 2018 USDA Forest Service White River National Forest Rocky Mountain Region November 6, 2018 - Page 84 of In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, religious creed, disability, age, political beliefs, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA. Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Indi- viduals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD -3027) found online at: http://www.ascr.usda.gov/complaint_ filing_cust.html, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) Fax: (202) 690- 7442; or (3) Email: program.intake@usda.gov. This institution is an equal opportunity provider. Cover photo credits: Vail Resorts; Vail Daily November 6, 2018 - Page 85 of 8 - Page 86 of Notice of Proposed Action Comments Welcome The White River National Forest (WRNF) welcomes your comments on the proposal to initiate an Environmental Assessment (EA) process for the Vail Mountain Resort (Vail) Snowmaking Project. The United States Forest Service (Forest Service) will complete an EA that will be used to determine whether to prepare an Environmental Impact Statement (EIS) or a Finding of No Significant Impact (FONSI). Instructions for submitting comments are described on the last page of this document. The content of this Notice of Proposed Action (NOPA) is available online in an interactive viewer. This NOPA has been prepared to solicit public comments in response to the Purpose and Need for Action; the Proposed Action; and potential alternatives to the Proposed Action. Potential effects of the Proposed Action on the human and biological environment will be analyzed and disclosed in an EA, which will consider public comments received in response to this NOPA. If the Forest Service determines there are no significant impacts, that finding, along with the EA and a draft Decision Notice and FONSI, will be published for a 45 -day objection period. If no specific written comments are received during this designated opportunity for comment, the project will not be subject to objection. If the EA concludes there is no potential for significant impacts, then following the 45 - day objection period, the Forest Service will publish a final Decision Notice and FONSI. If the EA concludes there is potential for significant impacts, an EIS will be prepared. Please note that this 30 -day period is serving as both scoping and the sole comment period for the Proposed Action. There will not be another opportunity to comment. Background Vail is known for its world-class terrain and snow conditions. The proposed Snowmaking Project is in response to the expanding needs and expectations of guests that use National Forest System (NFS) lands. All proposed projects are located within Vail's special use permit (SUP) area. Purpose and Need for Action The WRNF Land and Resource Management Plan (Forest Plan) allocated Vail as within Management Area 8.25 — Ski Areas (Existing and Potential). Forest Service Direction directly supports the Purpose and Need for the project. The purpose of the project is intended to enhance the reliability and consistency of the skiing surface in response to site-specific operational concerns, guest expectations, and increased variability in climatic conditions like precipitation and temperature. Factors that can diminish the skiing surface include below average natural snowfall, high snow wear areas, critical circulation routes, and areas with high wind and/or solar exposure. The snowmaking system is fundamental in ensuring a predictable opening date, high quality conditions during the early- and mid-season, and reliable conditions through mid-April. There is a need for Vail to provide a consistent, reliable snow surface for the guest experience and afford a certain level of predictability for financial viability. In order to achieve this, Vail proposes to expand their snowmaking infrastructure in areas on the mountain with higher elevations, colder temperatures, and northern aspect to take advantage of terrain within their SUP area. The majority of the new snowmaking coverage would be located on the upper portion of the front side of Vail. VAIL MOUNTAIN RESORT SNOWMAKING PROJECT 8 - Page 87 of Notice of Proposed Action Proposed Action A detailed description of the individual project components follows. Each project component meets the Purpose and Need described above (refer to Figure 1). Pending Forest Service approval, Vail anticipates that construction could begin during the summer of 2019. The Vail Mountain Snowmaking Project consists of expanding snowmaking coverage by 262 acres, the installation of 32.5 miles of new snowmaking pipe and 14 new valve stations, as well as the necessary operational improvements associated with snowmaking improvements at Vail. All the proposed projects are within Vail's existing SUP area. Natural resource considerations (e.g., wetland minimization/avoidance and drainage management requirements) have been accounted for in the planning of this project. The majority of infrastructure would be construction in areas of previous disturbance (e.g., existing ski trails). SNOWMAKING Vail proposes to expand their snowmaking coverage and upgrade their existing snowmaking infrastructure as previously identified in their 2018 MDP) Update. The projects include: • Expand snowmaking coverage by 262 acres • Install 32.5 miles of new or upgraded snowmaking pipe • Install 14 new valve stations ' This total includes Golden Peak's 42 acres of snowmaking that is currently in a separate NEPA review process and the previously -approved 33 acres of snowmaking on Seta. Vail currently has the capacity to make snow on 452 acres, or 15 percent of total developed skiable terrain. Vail proposes to increase their coverage by 262 acres. Vail's total snowmaking coverage would be 789 acres, or approximately 25 percent of the total skiable terrain.' Refer to Figure 1 for snowmaking coverage locations. In Vail's Snowmaking Master Plan, key areas were identified in critical locations. These areas include high elevation early season terrain, novice terrain, circulation routes, and high traffic areas. The majority of the new snowmaking coverage is located on the upper portion of the front side of Vail. The following is a list of the trails that contain proposed snowmaking coverage: • Lower Lost Boy • Flap Jack • Owl Roost • Hunky Dory • Northwoods • Cubs Way • Lions Way • Timberline Catwalk • Village Catwalk • Lodgepole • Upper Ramshorn • Lionshead Catwalk • Upper Born Free • Upper Swingsville Ridge • Top of Upper Born Free • Whippersnapper • Riva Ridge Upper • Pickeroon Connector • Lower Highline VAIL MOUNTAIN RESORT SNOWMAKING PROJECT 8 - Page 88 of Notice of Proposed Action • Cold Feet • Upper Eagles Nest Ridge • Mid Ledges • Upper Lost Boy • Lower Eagles Nest Ridge • Practice Parkway • Pickeroon • Upper The Meadows • Northface Catwalk • Upper Ouzo • Swingsville • Upper Gitalong Road • Over Easy • Lower The Meadows • Lower Swingsville Ridge This proposed snowmaking would require the installation of underground water/air pipes and electrical wiring. Snowmaking infrastructure would be installed to provide coverage on ski trails that do not currently have snowmaking, and to replace aging infrastructure throughout Vail's SUP area. The installation of pipelines would require a 50 -foot -wide temporary disturbance corridor, which would adhere to Project Design Criteria (PDC) (refer to Table 1), totaling 195 acres of temporary disturbance. The upper elevations of the frontside of Vail are served by the main Snow Central pump station and have inadequate pressure. To achieve the desired pressure, 14 new valve stations would be installed (refer to Figure 1). The majority of these would be located in the upper Lionshead vicinity. These stations would each require a footprint of approximately 10 feet by 10 feet and would not require overstory vegetation removal. No new pump houses are proposed as part of this project. The proposed snowmaking coverage would require an additional 282 acre-feet of water annually (on average) to cover the proposed terrain on the frontside of Vail. Vail currently uses 375 acre-feet of water for snowmaking coverage on the frontside of Vail. These calculations exclude snowmaking water use on Golden Peak, which requires a larger volume of snowmaking water to construct unique terrain park features and competition venues. The proposed additional snowmaking water use at Vail would not exceed the water rights Vail owns or holds by contract. U.S. Fish and Wildlife Section 7 consultation has been completed on 1,316 acre-feet of water for snowmaking at Vail. DRAINAGE MANAGEMENT A drainage management plan (DMP) will be prepared in conjunction with the EA process to identify existing drainage conditions in areas that would be impacted by proposed project activities. The DMP will identify strategies to improve existing drainage, accommodate additional runoff, and satisfy Forest Service Direction to maintain or improve stream health. The DMP will analyze current conditions and assess proposed project impacts from snowmaking and ground disturbance activities. Nature of Decision to be Made The Responsible Official for this project is Scott Fitzwilliams, the Forest Supervisor of the WRNF. In order to make a decision, the Responsible Official will review the EA, the Purpose and Need for Action, the Proposed Action (and other potential alternatives), all public comments, and the administrative record. Public Involvement A legal notice published in the newspaper of record, the Post Independent, on or about October 10, 2018 will initiate a combined VAIL MOUNTAIN RESORT SNOWMAKING PROJECT 3 Notice of Proposed Action 30 -day scoping and comment period, concluding on approximately November 9, 2018. To inform the public of the project and answer questions, a public open house will be held on October 23, 2018 at the Holy Cross Ranger District Office in Minturn, Colorado from 5:00 p.m. to 7:00 pm. Further information about this project can be found on the project website. Alternatives Considered No other alternatives are currently included in this analysis. At this time, the WRNF is not including additional action alternatives or the No Action Alternative in this analysis. Known resource issues within the project area have been addressed through the design/layout of the project, as well as PDC; significant impacts are not anticipated. NO ACTION ALTERNATIVE The No Action Alternative provides a baseline for comparing the effects of the action alternatives. The No Action Alternative essentially reflects a continuation of existing management practices without changes, additions, or upgrades. No new facilities or recreational opportunities would be approved under the No Action Alternative. In accordance with Forest Service Handbook 1909.15, Chapter 40, Section 41.22 and 36 CFR § 220.7(b)(2)(ii), the EA will not include an analysis of the No Action Alternative. The Forest Service Handbook states: A stand-alone no -action alternative is not required. However, the effect of taking no action should correlate closely with the purpose and need. In other words, the effects of not taking action should provide a compelling reason for taking action and, therefore, should be consistent with the purpose and need for action. (FSH 1909.15) OTHER ACTION ALTERNATIVES Alternatives to the Proposed Action have not been identified. The Proposed Action has been designed to minimize resource impacts (wildlife, wetlands, watershed, soils and geology) through the alignment of snowmaking pipelines in proximity to wetlands and the application of PDC. Project Design Criteria Project Design Criteria would be implemented to avoid and minimize potential resource impacts from construction and implementation of the Proposed Action. This list supplements the list of Best Management Practices (BMPs) that Vail will be required to prepare for Forest Service review prior to the start of construction and implementation Table 1 presents the PDC that will be required with implementation of the Proposed Action. VAIL MOUNTAIN RESORT SNOWMAKING PROJECT 4 8 - Page 89 of ovem er 6, 2018 - Page 90 of Notice of Proposed Action Table 1. Project Design Criteria PROJECT PHAS PROJECT DESIGN CRITERIA General 1) All proposed activities and facilities shall meet WRNF Forest Plan and all applicable agency management direction (e.g. Forest Service Handbook and Manual) for all affected resource areas. 2) The following project elements will follow guidelines set forth in the White River National Forest Mountain Sports Program's Facility Design Review Guide March 2017 v3: • Ski Patrol Building (Type B Design Review) The facility design review for each element is anticipated to take 30 days from initial submission to Notice to Proceed. 3) Prior to starting construction activities on NFS lands, Vail shall develop a Construction Implementation Plan for Forest Service review and authorization. All proposed construction methodologies and practices will be reviewed for compliance with the decision and resource management direction. This plan shall include the following information: • Construction Management • Project timelines, project contracts, disturbance boundaries, grading and site plans, staging and parking areas, construction access, and any required survey information. • Erosion Control and Drainage Management (erosion control and drainage management activities) • Post -Construction Revegetation and Restoration (methodology, locations, vegetative mixes, and soil amendments) • Noxious Weed Management (weed control methodologies including equipment cleaning, pretreatment, and post -construction monitoring and treatment) • BMPs (Resort BMP list to be employed and adhered to during project implementation) 4) Vail Mountain shall obtain all required county, town, and state permits prior to the start of construction. Pre - Construction 1) After spring runoff and prior to any construction activities occur related to this project, Vail Resorts will conduct a comprehensive analysis of their current drainage management plan within the project area. If drainage structures are determined not to be functioning to standard, these identified structures shall be maintained and/or improved as part of the initial construction phase of the project. 2) Prior to temporary disturbance of any waters of the U.S., including wetlands, Vail shall coordinate with the U.S. Army Corps of Engineers to determine if the activities require the use of a Pre -Construction Notification (PCN). If the PCN requires the preparation and approval of a mitigation plan, the plan shall be reviewed and approved by the WRNF prior to implementation. During Construction 1) If undocumented historic and/or prehistoric properties are located during ground disturbing activities or planning activities associated with approved construction activities, all construction in the immediate vicinity shall cease in accordance with 36 CFR § 800.11. 2) The Forest Service shall be contacted if Forest Service Region 2 sensitive plants are discovered within the project area during implementation. 3) A PVC liner or similar impermeable construction technique will be installed in the trench where high groundwater is encountered adjacent to or the vicinity of any wetland resources. In order to prevent the proposed snowmaking and drainage pipelines from dewatering wetlands, a PVC liner or a similar type structure will be installed in the pipeline trench. Such a liner shall be installed where the excavated pipeline trench encounters high groundwater adjacent to or in the direct vicinity of wetland(s). In order to minimize impacts to water recharge, as well as to avoid negatively influencing the hydrology budget of wetlands, liners would not be used up -gradient from wetland resources. 4) Narrow the disturbance for the snowmaking pipeline installation that crosses identified wetlands to 20 feet to minimize impacts in locations where the wetland cannot be avoided. VAIL MOUNTAIN RESORT SNOWMAKING PROJECT 8 - Page 91 of Notice of Proposed Action Table 1. Project Design Criteria (cont.) Post Construction ROJECT DESIGN CRI 1) Perform post -construction stream health surveys for three consecutive years from the established monitoring location or until a time determined by the Forest hydrologist that the stream health is maintained. A restoration plan will be prepared prior to project implementation by the Forest Service and Vail to be used in the event that surveys reveal stream health is not being maintained. If restoration is necessary as a result of the project, Vail shall fund the restoration. 2) Vail shall fund through Cost Recovery post -construction noxious weed treatment for three consecutive years, or until satisfactory condition is present, subsequent to any construction activities within the project area. 3) Temporarily disturbed wetlands would be restored and the Post -Construction Revegetation and Restoration plan would identify appropriate measures to restore wetland function and value. Preliminary Issues and Effects to Consider The analysis within the EA will focus on impacts to NFS lands. The EA will address the effects of the Proposed Action on the following resources: recreation, noxious weeds, wetlands, and watershed, geotechnical and soils. Our preliminary analysis, based on a limited, if any, anticipated increase in guest visitation, has determined that the Proposed Action would not impact the resources listed in the Resources/Issues Dismissed from Detailed Analysis discussion. Table 2 presents preliminary direct and indirect consequences to the biological and human environment related to the Proposed Action. Preliminary findings identified are intended to disclose effects as they are understood at the time of scoping, and do not preclude detailed analysis in the EA nor prevent revision of these findings based on further analysis throughout the NEPA process. Further, a NOPA is intended to present the Proposed Action and solicit public involvement, and is not intended to demonstrate compliance with all laws, regulations, and policy. Table 2. Summary of Preliminary Direct and Indirect Environmental Consequences MEP RELIMINARY FINDINGS Recreation The Proposed Action would improve skiing opportunities with additional snowmaking infrastructure, but could have a negative effect on summer recreation during the construction phase. The Proposed Action would result in an improved guest experience during the winter months by providing consistent snow surface and predictable operating days. The Proposed Action could result in negative impacts to summer recreation during the construction phase due to displacement or modification to summer trails in order to safely accommodate construction of snowmaking infrastructure. This impact would be temporary and could be mitigated by avoiding construction in areas near popular summer trails during the peak of the summer season. VAIL MOUNTAIN RESORT SNOWMAKING PROJECT 6 6, 2018 - Page 92 of Notice of Proposed Action Table 2. Summary of Preliminary Direct and Indirect Environmental Consequences (cont.) SOURCE ISSUES PRELIMINARY FINDINGS Noxious Weeds Construction of the proposed project has the potential to introduce and spread non- native, noxious and invasive plants. Noxious weeds are common within the areas directly affected by proposed project activities. The most common species include ox -eye daisy (Leucanthemum vulgare) and Canada thistle (Cirsium arvense), however toadflax (Linaria vulgaris), scentless chamomile (Tripleurospermum perforatum), and musk/plumeless thistles (Carduus nutans subsp. macrolepis, C. acanthoides) also occur. Construction activities have the potential to not only introduce new species of noxious and invasive plant species, but also increase the existing populations to unacceptable levels. However, with proper implementation of project design criteria and best management construction practices, this threat would be lessened. Such practices include 1) pretreatment of existing infestations; 2) cleaning all off-road equipment; 3) revegetation with approved seed mixes that are certified noxious weed free; and 4) monitoring and treatment of the project area for three years. Wetlands Temporary ground disturbing activities, including snowmaking pipeline development within and proximate to wetlands may temporarily affect the function of wetlands within the project area, including avoidance and minimization efforts. The Proposed Action has been designed to avoid ground disturbance within wetlands present in the project area; however, approximately 0.2 acre of temporary disturbance to four wetlands could result from construction of snowmaking pipelines. Wetlands with potential to be impacted temporarily are palustrine emergent or palustrine shrub type. No potentially impacted wetlands are fens. Prior to construction, wetlands would be re -surveyed and proposed infrastructure would be rerouted to avoid impacts, if possible consistent with Executive Order 11990. If wetlands cannot be avoided, temporarily impacted areas would be rehabilitated post construction according to PDC. Watershed, Geotechnical and Soils Temporary impacts from ground disturbance for pipeline development (approximately 32.5 miles), ground disturbance for installation of 14 new valve stations (approximately 0.1 acre total), and additional snowmaking coverage (262 acres) could increase erosion and water yield/peak flows, leading to a loss of soil organic matter and affecting the overall health, surface/sub- surface flow regimes, and stream channel stability within the nearby watersheds. The Proposed Action would temporarily impact intermittent and ephemeral streams. Approximately twelve intermittent and ephemeral stream crossings would occur throughout the project area. Direct impacts to perennial Mill Creek, Mill Creek tributaries (East Fork and West Fork) and Game Creek, will be avoided by the Proposed Action. Increases are anticipated for water yield and runoff peak flow as compared to the natural variability of the watershed's hydrology. However, the implementation of the Proposed Action is not expected to have significant impacts to the existing watershed conditions with the implementation of drainage management features. Limited ground disturbance within the water influence zone could negatively affect stream health by increasing the extent of Connected Disturbed Areas (which may impact stream bank stability and channel sedimentation), water yield, peak flows and altering the recruitment of woody debris and soil productivity. Construction and implementation of the Proposed Action, including PDC, within the Mill Creek and Game Creek watersheds, has been designed to meet Management Measure 3 (MM -3) of the WCPH, which is a goal to protect soil, aquatic and riparian systems. The implementation of the Proposed Action is expected to "maintain" the stream health class per the WCPH direction to "maintain or improve long term stream health and riparian ecosystem condition." VAIL MOUNTAIN RESORT SNOWMAKING PROJECT 8 - Page 93 of Notice of Proposed Action Table 2. Summary of Preliminary Direct and Indirect Environmental Consequences (cont.) RELIMINARY FINDINGS Fisheries Ground -disturbing activities could potentially affect threatened, endangered and sensitive aquatic species through direct and indirect impacts to habitat. The Proposed Action could adversely affect endangered fish species and their critical habitat downstream in the Colorado River system through its associated water depletions. With the implementation of the Proposed Action, Vail water depletion would increase to 971 acre-feet, below the amount of depletions covered by previous Section 7 consultation (1,316 acre-feet). Thus, water use and depletions could result in adverse effects to the endangered fish and their critical habitats. Additionally, the Proposed Action would increase water yield, peak flow intensity, and sedimentation. This may diminish stream health in the project area. Significant impacts to Colorado River cutthroat trout habitat in Mill Creek would be avoided by implementing the drainage management measures and PDC. Other conservation populations within the planning area would remain viable and would not be affected by the proposed project. RESOURCES/ISSUES DISMISSED FROM DETAILED ANALYSIS Considering the project area and the Proposed Action, the following resources are anticipated to be dismissed from detailed analysis. Additional details will be provided in the EA. Terrestrial Wildlife and Birds The Proposed Action is not anticipated to measurably impact wildlife habitat and bird species due to the minimal overstory vegetation removal. Incidental trees may be removed, if necessary, but would be avoided. Botany The project area does not provide habitat for any federally listed plant species and no occurrences of any Forest Service sensitive plant species or viability concern comprehensive Forest Service plants of were identified during field reconnaissance. Therefore, there would be no impacts to these resources. Should project activities change such that the surveys are no longer valid, project design criteria have been developed and incorporated into Proposed Action that will reduce potential impacts to plant species of concern. These PDC include additional surveys in any suitable habitats that were not previously surveyed, and avoidance and minimization of impacts should Sensitive plants be found. Traffic, Ski Area Access, and Parking The Proposed Action is not anticipated to measurably increase annual visitation at Vail; therefore, the Proposed Action would not affect traffic, ski area access, and parking. Scenery The Proposed impact scenic Action is not anticipated to resources at Vail. Snow gun infrastructure on the side of trails would be visible to guests; however, the snowmaking infrastructure would be constructed on the edge of trails and in previously developed areas where ski area infrastructure is common. Cultural Class III surveys have been completed within areas proposed for disturbance and did not VAIL MOUNTAIN RESORT SNOWMAKING PROJECT 8 - Page 94 of Notice of Proposed Action identify eligible resources. Therefore, the Proposed Action would have no impact to eligible resources. Acoustics The Proposed Action would introduce noise both during the construction phase (e.g., noise from construction equipment), as well as during the operation phase (e.g., operation of the proposed snowmaking equipment). Given the proximity to existing snowmaking and other ski area infrastructure, these conditions would be similar to surrounding areas within the Vail SUP area. Inventoried Roadless Area The Proposed Action is not located within an Inventoried Roadless Area. Air Quality and Climate Change The Proposed Action would generate negligible emissions through short-term construction related emissions. In the long term, air quality degradation and climate change emissions due to the Proposed Action would be small. The only Class I airsheds in proximity to the project area are the Eagle's Nest Wilderness and Holy Cross Wilderness areas, located approximately 8 miles north and 2 miles south of the project area, respectively. Due to prevailing wind direction, Eagle's Nest Wilderness Area is sheltered from most pollutant sources. Because average wind direction as measured at Vail is predominantly from the west, it is unlikely that any emissions generated directly or indirectly by Vail's operations currently affect the Holy Cross Wilderness Area. Social and Economic Resources The Proposed Action would create approximately five full-time equivalent positions (snowmakers, grooming cat operators), and is anticipated to not create impacts to social resources within the Eagle County community (county services, school systems, etc.). The project would have short- term economic impacts due to construction related activities. The project would also have minimal long-term economic impacts in the context of the overall economic area (Eagle County), as the Proposed Action would generate nominal additional visitation due to the ability to open terrain earlier in the season for additional guests. Environmental Justice The Proposed Action would not disproportionately affect low income or minority populations because those portions of populations would still have access to all public lands and dispersed recreation opportunities. Wild and Scenic Rivers There are no Wild and Scenic Rivers within the project area. Wilderness/Wilderness Study Areas There are no Wilderness areas or Wilderness Study Areas within the project area. Farmlands, Prime and Unique There are no unique or prime farmlands within the project area. Floodplains The Proposed Action is not within a floodplain. The action alternatives do not include structural siting or development within a floodplain. Floodplains, as defined in Executive Order 11988, would not be affected by the Proposed Action. Areas of Critical Environmental Concern There are no Areas of Critical Environmental Concern within the project area. VAIL MOUNTAIN RESORT SNOWMAKING PROJECT Notice of Proposed Action Comment Process The proposed projects are activities implementing a land management plan and resource management plan and subject to the objection process described in 36 CFR Part 218 Subparts A and B. The Forest Service is combining the scoping period and opportunity to comment period. The public is encouraged to provide specific written comments on this proposal, including supporting reasons kr the responsible official to consider, as no additional "opportunity to comment" periods will occur. Specific written comments must be within the scope of and have a direct relationship to the Proposed Action. Written comments will be accepted for 30 calendar days following the publication of a legal notice in the Post Independent. The publication date in the newspaper of record is the exclusive means for calculating the comment period. The regulations prohibit extending the length of the comment period. Written comments (regarding Forest Service questions and concerns) must be submitted by: Mail: Scott Fitzwilliams, Forest Supervisor c/o Noel Ludwig, Project Lead 1617 Cole Blvd. Bldg. 17 Golden, CO 80401 In person: Noel Ludwig, Project Lead 1617 Cole Blvd. Bldg. 17 Golden, CO 80401 (Monday—Friday, 8:00 a.m.-4:30 p.m., excluding holidays) Electronic: Online comment form Note: the name and mailing address of the person submitting electronic comments must be included It is the responsibility of persons providing comments to submit them by the close of the comment period. Only those who submit timely and specific written comments will have eligibility to file an objection under 36 CFR § 218.8. For objection eligibility, each individual or representative from each entity submitting timely and specific written comments must either sign the comment or verify identity upon request. Individuals and organizations wishing to be eligible to object must meet the information requirements in 36 CFR § 218.25(a)(3). Names and contact information submitted with comments will become part of the public record and may be released under the Freedom of Information Act. If the Forest Service determines there are no significant impacts, that finding along with the EA and a draft decision notice will be published for a 45 -day objection. If no specific written comments are received during the designated opportunity for comment, the project will not be subject to objection. If the EA concludes there is potential for significant impacts, then an environmental impact statement will need to be prepared. Additional information regarding this action and the comment process can be obtained from Noel Ludwig at nludwig@fs.fed.us or by phone at (303) 275-5164. VAIL MOUNTAIN RESORT SNOWMAKING PROJECT b 8 - Page 95 of White River National Forest Eagle -Holy Cross Ranger District Vail Mountain Resort 2018 Snowmaking Projects Environmental Assessment Figure 1 Proposed Action Alternative LEGEND Existing Lifts Snowmaking Pipe 0 Snowmaking Buildings Snowmaking Coverage SUP Boundary Proposed - New or Upgraded V Snowmaking Pipe 0 Snowmaking Valve Station Snowmaking Coverage Previously Approved or Under NEPA Review O Snowmaking Pipe Under NEPA Review Pump House Under NEPA Review Snowmaking Coverage Previously Approved or Under NEPA Review 0 1,000 2,000 Feet Date: October 2018 U Prepared by: �SE GROUP' November 6, 2018 - Page 96 of 199 TOWN OF 1 X41 VAIL TOWN COUNCILAGENDA MEMO ITEM/TOPIC: Ordinance No. 19, Series 2018, First reading, an ordinance repealing and reenacting Chapter 14 of Title 4 of the Vail Town Code, regarding Short Term Rental properties. PRESENTER(S): Kathleen Halloran, Finance Director and Johannah Richards, Sales Tax and Licensing Administrator ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 19, Series 2018 BACKGROUND: This ordinance proposes changes to the Short Term Rental regulations effective March 1, 2018. Please see the attached memo for details. STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 19, Series 2018 ATTACHMENTS: Description STR November 6, 2018 - Page 97 of (Restated from Oct 16th) TOWN OF VAIL' Memorandum TO: Town Council FROM: Finance Department DATE: November 6, 2018 SUBJECT: Short -Term Rental Ordinance No. 19, Series 2018 I. SUMMARY On March 1, 2018 the town's Short -Term Rental (STR) Ordinance went into effect. On July 17, 2018 staff provided an update to Council on how things were going. As a result of concerns raised by a number of property management companies and learnings from staff's implementation, recommendations for policy changes were suggested on September 4' 2018. On October 16th Town Council reviewed and made changes to the town's draft ordinance regulating short-term rentals. The attached ordinance includes all of the proposed changes to the current regulations based on Council's direction. 11. BACKGROUND Prior to adopting Ordinance No, 15, Series 2017, Town Council, staff and consultants dedicated over 18 months to research and identify community concerns, analyze peer resort regulations and gather input from multiple public meetings. The overall intent of the original ordinance was to: • Level the playing field • Address quality of life concerns in neighborhoods • Address life safety concerns • Continue to encourage variety of lodging options for guests • Identify the "grey" rental market as a part of the town's economic picture • Evaluate the impact of the grey market on long term housing stock November 6, 2018 - Page 98 of During implementation, staff and Town Council became informed of potential administrative burdens of the new regulation. Below is a summary of what we heard: • By requiring the property owner sign to apply and sign all forms in the application, property managers representing multiple units were burdened with the administration of the application process. • Owners notarizing in a foreign country was an onerous process. • Requiring property managers to remit sales taxes individually per property was a new administrative burden from the prior acceptance of lump sum tax returns. • Confusion over the "exemption" for condo-tels/lodging properties with residential dwelling units. The new ordinance addresses many of the concerns voiced, and includes process improvements suggested by staff. To have an effective program and accomplish Council's objectives, a short-term rental regulation should: - Identify all compliant and non-compliant properties in the town. Identify individual properties for: complaint tracking & enforcement, life safety compliance, and duplex notification. - Provide a process to handle incoming complaints and resolution tracking. - Log unresolved complaints, unlicensed rentals, life safety issues and manage enforcement. - Provide information to the community and to Town Council regarding the rental market's economic impact and effect on long term housing inventory. Compared with other peer resort communities, Vail remains very passive regarding STR regulation. The proposed draft ordinance is consistent with that intent. III. DISCUSSION (NEW) The attached ordinance includes the following changes based on Council feedback October 16th: - Any use of a property (being rented) as an STR requires a registration. No exemptions. This item was unanimously agreed to by Council on Oct. 16tH - Allowing "professionally managed" properties to be represented by a designated agent for the registration process and remittance of taxes. This would extend to property managers and "condo -tel" type of lodging properties for example. This item was unanimously agreed to by Council on Oct. 16th - 2 November 6, 2018 - Page 99 of - Creation of an umbrella application for professionally managed units, so multiple properties can be registered under one application as long as information on each property is listed. The ordinance also allows for multiple properties to be included within one tax return remittance as long as supporting detail by individual property is provided. This item was unanimously agreed to by Council on Oct. 16th. - Decriminalization of violations of the STR Ordinance. This means that rather than issuing a summons to municipal court, there is a fine structure for unresolved complaints or violations of the ordinance. The fines increase after the first violation within a consecutive 12 month period; upon the fourth violation in that same period, the STR will be prohibited for two years. On Oct 16th Council adjusted the fines to reduce the first violation from $750 to $500, but then increase the second violation from $1,250 to $1,500. - Based on feedback from public input during the Oct. 16th meeting, Council agreed to revise the ordinance wording to change the term "local agent" to a different term so that the agency relationship held by property managers or lodging properties for example would not be confused with the term used to identify the person responsible for handling complaints 24/7. The new term incorporated into the ordinance is "local representative". - Based on feedback from participating citizens, Council agreed to revise the ordinance to no longer require the property owner's name and contact information on the posting in the interior of the rental unit. The posting must still contain the contact information of the local representative. - Also during the October 16th meeting, Council requested an example of requirements for posting either a business license number (when professionally managed) or the STR registration number (individually registered) in advertisements. Please see Attachment A for an example of an advertisement meeting this requirement. While the example is an online advertisement, any advertisements must contain this information. - A majority of Council agreed to the $150 per property/unit fee during the October 16th meeting, however based on feedback received from the condo -tel lodging community, staff recommends a reduced fee for properties managed with an onsite 24/7/365 front desk operation. This was the group previously exempted because in many ways they operate like a commercial hotel and handle complaints internally. - 3 November 6, 2018 - Page 100 0 Feedback from the condo -tel / lodging community on October 29th included the following sentiments: • Removing the exemption was an unexpected change • The $150 fee per unit will have a large impact financially, and the timing challenging for budget reasons if implemented this year • While the $150 fee is technically owed by each property owner, the management group stated that they would most likely take on the cost burden • The group expressed that they look and feel like a hotel, but hotels (since they are accommodation units) are not subject to this ordinance • The town doesn't need to "get into our business" of administering complaints because with a front desk, the town shouldn't receive the complaints. Based on this feedback, staff suggests a reduced annual registration fee of $75 per property/unit, which would be included in an upcoming resolution to include a fee schedule as proposed by the attached ordinance. In general, the STR fees ($150 or $75) are intended to cover the cost of the STR program (revenue neutral), including enforcement, complaint monitoring and also managing the data. Additional workload shifting onto town staff includes entering individual property information and tax return information into the system due to the acceptance of umbrella applications and lump sum sales tax payments. This will allow for a successful STR registration and compliance program and provide the data collection and audit capabilities requested by Council. . - Staff is proposing a March 1st 2019 effective date for the revised regulations. The intent is to allow enough time for further public outreach and communication from the town as well as managers to communicate with their owners about the changes. Items carried over from the original ordinance include (restated): • Life safety requirements per town code; Notarized life safety affidavit (however now may be signed by agent if professionally managed) • Compliance with all other town code for example, trash, parking, lighting and noise ordinances. • Posting of STR Registration number in all advertisements and conspicuous signage inside the unit (slight changes mentioned above). • Remittance of sales and lodging taxes. • Requirement of a local representative within 60 minute distance of the STR and available 24/7 - 4 November 6, 2018 - Page 101 0 • Resolution of town code violation complaints within 60 minutes (30 minutes between 11 pm and 7am) • A two year prohibition of renting if more than three violations in a 12 month consecutive period. IV. ACTION REQUESTED FROM COUNCIL Staff is requesting Council's approval of Ordinance No. 19, Series 2018 upon first reading. - 5 November 6, 2018 - Page 102 0 Vail International #311 Cozy Condo 2bed/2bath Walking Distance to Ski Lifts Condo 960 sq. ft Rates S.Av: Bathrooms Hatt Baths 2 6 2 0 2 BR 2 Bath Condo - sleeps up to 6 311 Vail International - a SkyRun Vail Properly One of Vail's most popular condominium complexes. Vail International is located just steps from the Free Shuttle which will take you to both the Vail and Lionshead Villages. Heated hydrotherapy whirlpool with waterfall This cozy condo is anexcel fent choice for your family vacation sleeping up to six guts. Featuring a master bedroom with a queen bed. TV and a connected deck The guest bedroom with the master. The first bathroom has shower/tub combo while the guest bathroom is equipped with a glass shower. The kitchen is well appointed with granite counter tops and al memorable family rneal. The custom made wood dining table seats six comfortably There is also a small bakony just off the dining room, perfect for ski storage. Curl up next to the r - adventure while viewing the fiat screen TV. The sofa also has a queen sleeper whkh can accorrunodate two people Enjoy a refreshing swim in the outdoor heated pool or soak in the warm hydrot herapy whir ipoolwith a waterfall and fiber optic lighting Get energized in the fitness center with soo' and women's steam roans. Its a 5 - 7 minute walk to Liorrshead.which has a variety of shops and restaurants as well as the iionshead Gondola and Chair 8. You can ride the free in town shad e bus to Vail Villa] you can also walk to Vail Village. as it takes about 5 -10 minutes along Meadow Drive The Val Transportation Center offers shuttles to countless destinations in the Vail Valley. indi Town of Vail License Number. STt030392 1 November 6, 2018 - Page 103 of 199 ORDINANCE NO. 19 SERIES 2018 AN ORDINANCE REPEALING AND REENACTING CHAPTER 14 OF TITLE 4 OF THE VAIL TOWN CODE, REGARDING SHORT-TERM RENTAL PROPERTIES NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 14 of Title 4 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: CHAPTER 14 SHORT-TERM RENTAL PROPERTIES 4-14-1: PURPOSE AND APPLICABILITY: A. The purpose of this Chapter is to establish comprehensive registration regulations to safeguard the public health, safety, and welfare by regulating and controlling the use, occupancy, location, and maintenance of short-term rental properties in the Town. B. This Chapter shall apply to short-term rental properties only, as defined herein. This Chapter shall not supersede or affect any private conditions, covenants, or restrictions applicable to a short-term rental property. 4-14-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: LEASE: An agreement or act by which an owner gives to a tenant, for valuable consideration, possession and use of property or a portion thereof for a definite term, at the end of which term the owner has an absolute right to retake control and use of the property. PROFESSIONAL PROPERTY MANAGEMENT FIRM: An entity comprised of one or more professional property managers with all required licenses in good standing, or a group of one or more employees of a lodge or fractional fee club, as those terms are defined in Section 12- 2-2, who are trained in property management and provide such services to owners of STRs within the lodge or fractional fee club. PROFESSIONALLY MANAGED STR: An STR that is managed, operated or controlled by a professional property management firm. 1 10/30/2018 S:IFINANCEIBUDGETIBUDGET 181TOWN COUNCIL MEMOS & ANALYSISISTRI1 ST READING STR ORD FINAL.DOCX November 6, 2018 - Page 104 0 SHORT-TERM RENTAL PROPERTY ("STR"): A residential dwelling unit, or any room therein, available for lease for a term of less than thirty (30) consecutive days, but excluding bed and breakfasts and accommodation units. 4-14-3: REGISTRATION REQUIRED: A current, valid registration is required for each STR in the Town. 4-14-4: REGISTRATION PROCEDURE: A. At least thirty (30) days prior to any advertising of an STR, the owner or property management firm shall register the STR with the Finance Director or designee, on forms supplied by the Town. For professionally managed STRs, registration for multiple STRs may be made by filing a complete list of all the STRs in the Town managed by such firm, on forms supplied by the Town, and the list shall be updated at least quarterly. B. The fee for STR registration shall be set by resolution of the Town Council. C. If the STR is located within a duplex, the registration form shall include a copy of a written notice provided by the owner or property manager to the last known address of the record owner of the adjoining residential dwelling unit. The written notice shall be sent by first-class mail at least seven (7) days prior to registering the STR. D. No registration form shall be accepted without an affidavit, signed by the owner or the property management firm, under penalty of perjury, certifying that the STR is in habitable condition and complies with the health and safety standards set forth in Section 4-14-6. E. Each STR registration is nontransferable. F. An STR registration shall expire on February 28 of each calendar year, or when title of the STR transfers to a new owner, whichever occurs first. Each change in ownership of a STR shall require a new registration. 4-14-5: LOCAL REPRESENTATIVE REQUIRED: Each owner or property management firm shall appoint a natural person who remains within a sixty (60) minute distance of the STR and is available twenty-four (24) hours per day, seven (7) days per week, to serve as the local representative for the STR. The owner or property management firm shall notify the Finance Director or designee in writing of the appointment of a local representative within five (5) days of such 2 10/30/2018 S:IFINANCEIBUDGETIBUDGET 181TOWN COUNCIL MEMOS & ANALYSISISTRI1 ST READING STR ORD FINAL.DOCX November 6, 2018 - Page 105 0 appointment or modification of any such appointment, including contact information. 4-14-6: HEALTH AND SAFETY STANDARDS: A. Each STR shall comply with all of the following standards, at a minimum, at all times while the STR is occupied: 1. Buildings, structures or rooms shall not be used for purposes other than those for which they were designed or intended. 2. Roofs, floors, walls, foundations, ceilings, stairs, handrails, guardrails, doors, porches, all other structural components and all appurtenances thereto shall be capable of resisting any and all forces and loads to which they may be normally subjected and shall be kept in sound condition and in good repair. 3. Smoke detectors, carbon monoxide detectors and fire extinguishers shall be installed and operable, and all wood -burning fireplaces and stoves shall be cleaned on an annual basis. 4. An operable toilet, sink, and either a bathtub or shower shall be located within the same building, and every room containing a toilet or bathtub/shower shall be completely enclosed by walls, doors, or windows that will afford sufficient privacy. 5. There shall be a sufficient number of trash receptacles to accommodate all trash generated by the occupants, and all receptacles shall comply with Title 5, Chapter 9 of this Code. 6. Occupancy of an STR shall comply with Title 12, Chapter 2 of this Code. 7. The use of portable outdoor fireplaces is prohibited. 8. Electrical panels shall be clearly labeled. 9. All pets shall be subject to Title 6, Chapter 4 of this Code. 4-14-7: PARKING: Parking for each STR shall comply with all applicable provisions of this Code. All vehicles shall be parked in designated parking areas, and parking is prohibited in any landscaped area. 3 10/30/2018 S:IFINANCEIBUDGETIBUDGET 181TOWN COUNCIL MEMOS & ANALYSISISTRI1 ST READING STR ORD FINAL.DOCX November 6, 2018 - Page 106 0 4-14-8: SIGNAGE: An owner or property management firm shall post a sign conspicuously inside each STR. The sign shall include the local representative's current contact information, the street address of the STR and the STR registration number. 4-14-9: ADVERTISING: Advertising for an STR shall include the STR registration number, or, for all professionally managed STRs, the Town business license number, immediately following the description of the STR. 4-14-10: TAXES: A. For each STR, all applicable Town sales and lodging taxes shall be timely collected and remitted. B. Professionally -managed STRs may submit one tax payment for multiple properties, so long as there is sufficient supporting information to identify each individual STR and the taxes collected on such STR. 4-14-11: NOTICE: Any notice required by this Chapter is sufficient if sent by first-class mail to the address provided by the owner or property management firm on the most recent registration form or registration list, provided that notice to the local representative shall also be sufficient to satisfy any required notice to the owner under this Chapter. 4-14-12: LIABILITY: A. An owner shall be liable for any and all violations occurring on the STR. B. A property management firm shall be jointly and severally liable for any and all violations occurring on any of its professionally managed STRs in the Town. 4-14-13: INITIAL COMPLAINTS: Initial complaints concerning a short-term rental property shall be directed to the local representative. The local representative shall resolve the issue that was the subject of the complaint within sixty (60) minutes, or within thirty (30) minutes if the problem occurs between 11:00 p.m. and 7:00 a.m., including visiting the site if necessary. 4 10/30/2018 S:IFINANCEIBUDGETIBUDGET 181TOWN COUNCIL MEMOS & ANALYSISISTRI1 ST READING STR ORD FINAL.DOCX November 6, 2018 - Page 107 0 4-14-14: VIOLATIONS, PENALTIES AND ENFORCEMENT: A. It is unlawful to violate any provision of this Chapter. Violations of this Chapter shall be civil infractions. Each day of violation shall be deemed a separate offense and be punishable as such. B. Violations of this Chapter shall be subject to the following fines and penalties, per STR: First violation in a 12 -month period: $500 Second violation in a 12 -month period: $1,500 Third violation in a 12 -month period: $2,500 Additional violation in a 12 -month period: STR prohibited for two years C. Enforcement of this Chapter may be initiated in any of the following ways: 1. A citation may be served by posting on the front door of the STR, or by personal service on the owner or the local representative, if present, or by mailing first class or certified mail to the last known address of the owner, local representative or property management firm; or 2. A summons and complaint may be served on the owner of the STR as provided in the Colorado Municipal Court Rules of Civil Procedure; or 3. A summons and complaint may be served on the associated property management firm or local representative for the STR as provided in the Colorado Municipal Court Rules of Civil Procedure. D. In addition to the penalties described above, the Town shall have any and all remedies provided by law and in equity for a violation of this Chapter, including without limitation: damages; specific performance; and injunctive relief, including without limitation an injunction requiring eviction of any occupants of the STR and an injunction to prohibit the occupancy of the Property in violation of this Chapter. All remedies shall be cumulative. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause 5 10/30/2018 S:IFINANCEIBUDGETIBUDGET 181TOWN COUNCIL MEMOS & ANALYSISISTRI1 ST READING STR ORD FINAL.DOCX November 6, 2018 - Page 108 0 or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The amendment of any provision of the Vail Town Code in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of November, 2018 and a public hearing for second reading of this Ordinance is set for the day of , 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 day of , 2018. ATTEST: Patty McKenny, Town Clerk 6 Dave Chapin, Mayor 10/30/2018 S:IFINANCEIBUDGETIBUDGET 181TOWN COUNCIL MEMOS & ANALYSISISTRI1 ST READING STR ORD FINAL.DOCX November 6, 2018 - Page 109 0 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 20, Series of 2018, First Reading, Ordinance amending Section 5-3-2, Definitions, Vail Town Code, to amend the definition of a certified solid fuel burning device, concerning air pollution control. PRESENTER(S): Chris Neubecker, Planning Manager ACTION REQUESTED OF COUNCIL: Town Council shall approve, approve with modifications, or deny Ordinance No. 20, Series of 2018, based on the recommendation of the Community Development Department. BACKGROUND: The current Municipal Code detailing Air Pollution Control and the specifications for solid -fuel burning devices (wood burning stoves) is out of date and does not accurately reflect the current Colorado Department of Public Health and Environment (CDPHE). The proposed ordinance will ensure that the Vail Town Code aligns with these state and national air quality standards. STAFF RECOMMENDATION: The Community Development Department recommends amending Title 5, Chapter 3 of the Municipal Code to accurately reflect current and future air quality standards set forth by the Colorado Department of Public Health and Environment (CDPHE). ATTACHMENTS: Description Staff Memo - Ordinance No. 20, Series of 2018 - Air Quality Control Ordinance No. 20, Series of 2018; An Ordinance amending Section 5-3-2, Vail Town Code, Definitions, concerning Air Quality Control November 6, 2018 - Page 110 0 TOWN OF VAIL' Memorandum To: Vail Town Council From: Community Development Department Date: November 6, 2018 Subject: Ordinance No. 20, Series of 2018; An Ordinance amending Section 5-3-2, Vail Town Code, Definitions, concerning Air Quality Control Applicant: Town of Vail Planner: Chris Neubecker I. SUMMARY The current Vail Municipal Code concerning Air Pollution Control and the specifications for solid -fuel burning devices (wood burning stoves) is out of date and does not accurately reflect the current Colorado Department of Public Health and Environment (CDPHE) and Environmental Protection Agency (EPA) standards. Detailed below, the current Vail Municipal Code — Title 5, Chapter 3 — specifies that a solid -fuel burning device shall produce seven and five tenths grams (7.5 g) of particulates per hour, or less. The current CDPHE and EPA standard is four and five - tenths grams (4.5 g) or less. Here is the current definition in the Vail Town Code: "5-3-2: DEFINITIONS: CERTIFIED SOLID FUEL BURNING DEVICE: A solid fuel burning device which is certified by the environmental protection agency and by the air pollution control division of the Colorado department of public health and environment to produce seven and five -tenths grams (7.5 g) of particulates per hour or less. This shall include both catalytic and non -catalytic phase 11 stoves as well as pellet burners and any other technology which can be shown to meet these emissions criteria." As currently written, the Town of Vail Code does not correctly align with the standard(s) directly referred to in this section. II. RECOMMENDATION: The Community Development Department recommends amending Title 5, Chapter 3 of the Vail Municipal Code to accurately reflect current and future standards set forth by the EPA and CDPHE, as follows: Page 1 November 6, 2018 - Page 111 0 "5-3-2: DEFINITIONS: CERTIFIED SOLID FUEL BURNING DEVICE: A solid fuel burning device which is certified by the environmental protection agency and by the air pollution control division of the Colorado department of public health and environment to produce not more than four and five -tenths grams (4.5 g) of particulates per hour or Iccf;, or to meet the current standards of the environmental protection agency, whichever is more restrictive. This shall include both catalytic and non -catalytic phase II stoves as well as pellet burners and any other technology which can be shown to meet these emissions criteria." III. RECOMMENDED MOTION: Town Council shall approve, approve with modifications, or deny Ordinance No. 20, Series of 2018, based on the recommendation of the Community Development Department. Should the Vail Town Council choose to approve Ordinance No. 20, Series of 2018 upon first reading, the Community Development Department recommends the Council passes the following motion: "The Vail Town Council approves, on first reading, Ordinance No. 20, Series of 2018, an ordinance amending Section 5-3-2, Definitions, Vail Town Code, to modify the definition of a Certified Solid Fuel Burning Device, and setting forth details in regard thereto." IV. ATTACHMENTS A. Ordinance No. 20, Series of 2018 November 6, 2018 - Page 112 0 ORDINANCE NO. 20 SERIES 2018 AN ORDINANCE AMENDING SECTION 5-3-2 OF THE VAIL TOWN CODE TO MODIFY THE DEFINITION OF A CERTIFIED SOLID FUEL BURNING DEVICE CONCERNING AIR QUALITY WHEREAS, on August 6, 1991 the Vail Town Council adopted Ordinance 21, Series of 1991, setting forth certain provisions to control air pollution within the Town; WHEREAS, the Colorado Department of Public Health and Environment (CDPHE) and the Environmental Protection Agency (EPA) have adopted stricter standards than the existing regulations in the Town of Vail; WHEREAS, the existing regulations are obsolete and need to be updated to reflect current community needs and priorities; WHEREAS, amending the regulations will provide a benefit to residents and visitors to Vail through improved air quality; WHEREAS, the proposed amendments are supported by the Town of Vail's 2009 Environmental Sustainability Strategic Plan; and WHEREAS, on November 20, 2018, the Vail Town Council held a properly - noticed public hearing on the proposed amendments to Section 12-10-17 of the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-3-2 of the Vail Town Code shall be amended as follows (text that is to be added is shown in bold. Text that is stricken is shown in strikethrough) is hereby repealed in its entirety and reenacted as follows: 5-3-2: DEFINITIONS: CERTIFIED SOLID FUEL BURNING DEVICE: A solid fuel burning device which is certified by the environmental protection agency and by the air pollution control division of the Colorado department of public health and environment to produce not more than four and five -tenths grams (4.5 g) of particulates per hour or IesJ, or to meet the current environmental protection agency standard, whichever is more restrictive. This shall include both catalytic and noncatalytic phase II stoves as well as pellet burners and any other technology which can be shown to meet these emission criteria. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it November 6, 2018 - Page 113 0 would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The amendment of any provision of the Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of November, 2018 and a public hearing for second reading of this Ordinance is set for the 20th day of November, 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 day of , 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk November 6, 2018 - Page 114 0 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 16, Series of 2018, Second Reading, An Ordinance Amending Chapter 8 of Title 7 of the Vail Town Code Regarding Low -Speed Electric Vehicles and Golf Cars PRESENTER(S): Dwight Henninger, Vail Police Dept., Greg Hall, Director of Public Works & Transportation BACKGROUND: Pursuant to C.R.S. § 42-4-111, the Town is empowered to regulate the operation of low -speed electric vehicles and golf cars within its jurisdiction. Review draft legislation which addresses allowing electric vehicles on town streets. Several hotels are currently using electric vehicles to transport skis and guests to the mountain. A number of topics have been raised for discussion regarding this use in Vail. ATTACHMENTS: Description Memo LSEV Ord. No. 16, Series of 2018, LSEV Red -line Ord. No. 16, Series of 2018, LSEV Final November 6, 2018 - Page 115 0 TOWN OF VAIL. Memorandum TO: Town Council Greg Clifton, Town Manager FROM: Patty McKenny, Assistant Town Manager Dwight Henninger, Police Chief Greg Hall, Public Works Director Chris Neubecker, Planning Manager Tom Kassmel, Town Engineer Miguel Jauregui C., Code Enforcement DATE: November 1, 2018 SUBJECT: Low Speed Electric Vehicle Ordinance No. 16, Series 2018. Reference First Reading of Ordinance No. 16, Series 2018 regarding low speed electric vehicles ("LSEVs") and golf cars [refer to attached Item 1 for supplemental LSEV CLCS Brief]. Town staff and a number of Council Members expressed concerns about the original ordinance that was approved on first reading. The updated version is proposed to address the concerns identified. Considerations that were addressed are as follows: A) The Lion at Lionshead This ordinance is being proposed in response to The Lion at Lionshead purchasing an LSEV without completing its due diligence and in reliance on incorrect information issued by a Town employee. B) Pedestrian Mall Act The Pedestrian Mall Act established the Vail Village Pedestrian Zone for use by pedestrians, allowing restricted vehicular traffic based on their intended destination i.e. motor vehicles should only drive into the Village if their final destination is a building within the Vail Village Pedestrian Zone. This means vehicular traffic was restricted to: (1) Public transportation vehicles operated by the Town; (2) Emergency vehicles; (3) Repair or maintenance vehicles authorized by the Town; (4) commercial vehicles entering the mall when necessary for the purpose of making deliveries or providing services for properties fronting on the mall to which there is no other reasonable means of access; and, (5) Local traffic traveling to (i) Austria Haus, (ii) Village Center Condominiums, (iii) Village Core Condominiums, (iv) One Willow Bridge, (v) Talisman, (vi) Sonnenalp, (vii) Sitzmark, (viii) Lodge at Vail properties including the Lodge Tower and the Lodge Chalets, (ix) Gore Creek Plaza, (x) Bell Tower, (xi) Creekside, (xii) Gasthof Gramshammer, (xiii) Wall St., (xiv) Clocktower/Gorsuch, (xv) Bridge St. Condos, (xvi) Bridge St. Lodge, (xvii) Plaza Lodge, (xviii) Hill Building, and (xix) Vista Bahn Building. If LSEVs are allowed to travel in any Town street as proposed under the draft Ordinance, we anticipate upwards of 20 locations which would be able to acquire and operate LSEVs to drop- off at Golden Peak, Ford Park and Vail Health in the Village Core Zone alone. November 6, 2018 - Page 116 0 C) Ordinance Omissions and Concerns - as amended in a redline attached hereto as Item 2 (1) Passenger Transportation Ordinance The First Reading Ordinance doesn't include, by reference or otherwise, the need for LSEVs to comply with the TOV Passenger Transportation Ordinance for commercial operations. Without this reference, there are no clearly defined passenger drop-off areas established, nor a permitting system to keep track and limit volume of LSEVs transporting passengers on behalf of commercial establishments. The Town is also not able to verify that insurance requirements for these vehicles are maintained and to the same standard as other vehicles transporting passengers commercially, possibly exposing the Town to unnecessary risk in case of an accident on Town property. (2) LSEV Operator Code of Conduct The First Reading Ordinance does not establish any Code of Conduct for its operators. (3) Colorado Child Passenger Safety Law The First Reading Ordinance doesn't include any reference to compliance with the Colorado Child Passenger Safety Law. The importance of complying with child/booster seats, inspected by Vail Fire Dept. to keep children secured by an appropriate restraint system, is paramount in an environment in which valet/bell staff operating LSEVs could cut corners. (4) Carve -out of Vail Valley Foundation LSEVs The First Reading Ordinance permits any LSEVs to travel on paved paths surrounding Ford Park and does not limit these LSEVs to be owned by the Vail Valley Foundation, Vail Recreation District and Betty Ford Alpine Gardens, with approval from Town Officials. This could produce an increase in LSEVs being used for courtesy drop-off driving on paved paths over both bridges connecting Vail Valley Drive to Ford Park, typically reserved for pedestrian use only. (5) Carve -out of Vail Golf Course Golf Cars and Golf Course Maintenance Cars The First Reading Ordinance doesn't restrict the use of private golf carts at the Vail Golf Course which would impact their golf car rental operations and increase golf car traffic in the Golf Course neighborhood. (6) Distance traveled limitation of .25 mile from point of origin The First Reading Ordinance sets forth LSEVs cannot travel a distance of more than .25 mile from point of origin, which is an ambiguous definition since it could be argued that the point of origin is updated every time an LSEV completes a trip to a specific location. (7) Loading and Delivery The First ReadingOrdinance doesn't regulate LSEVs used to transport merchandise and skis to and from businesses and the ski base. Because some businesses have access to the pedestrian zone 24/7, the pedestrian guest experience could be impacted at any time by this added vehicle traffic. Town of Vail Page 2 November 6, 2018 - Page 117 0 Colorado Legislative Council Staff ISSUE BRIEF Number 12-05 A Legislative Council Publication June 2012 LOW -SPEED ELECTRIC VEHICLE LAW by Kelli Kelty Colorado law provides for the operation of low -speed electric vehicles. During the 2012 session, the General Assembly enacted Senate Bill 12-013, which addresses the operation of low -speed electric vehicles. This issue brief examines Colorado law addressing the operation and licensing of low -speed electric vehicles in Colorado, as well as other states' laws concerning this issue. Background Colorado law defines a low -speed electric vehicle (LSEV) as: • primarily propelled by electricity; • having at least three wheels in contact with the ground; • not requiring handlebars for steering; and • displaying a vehicle identification number pursuant to state law. Common examples of LSEVs are golf cars and groundskeeping carts. LSEVs are permitted to be operated on roads with speed limits of 35 miles per hour (mph) or less, or on roads with speed limits greater than 35 mph if crossing at grade with the road. LSEVs are not permitted on limited -access highways. The law requires that slow-moving vehicles driven under 25 mph be marked with a triangular slow-moving vehicle emblem to the rear of the vehicle. Class B low -speed electric vehicles. Current law also addresses class B LSEVs, defined as low -speed vehicles with speed capabilities of 25 to 45 miles per hour. Class B vehicles are only permitted to be operated on roads with speed limits of 45 miles per hour or less, and may not be driven on limited -access highways. Violations of these restrictions may result in a Class B traffic infraction. Under current law, local authorities are not restricted from issuing regulations and ordinances governing LSEV operation, including establishing new safety inspection programs. However, local authorities may not permit the use of golf cars under the following circumstances: • on state highways; • by minors under age 16; or • by unlicensed drivers transporting passengers under age 21. In the 2012 legislative session, the General Assembly enacted Senate Bill 12-013, concerning the operation of LSEVs. The bill allows operation of low -speed electric vehicles on a state highway or cross a roadway having a speed of 40 miles per hour or under if: • the roadway's lane width is 11 feet or greater; • the roadway provides two or more lanes in either direction; and • the Colorado Department of Transportation determines, in consultation with local The Legislative Council is the research arm of the Colorado General Assembly. The Council provides non-partisan information services and staff support to the Colorado Legislature. November 6, 2018 - Page 118 0 government and law enforcement, upon the basis of a traffic survey or investigation that the operation of LSEVs poses no substantial safety risk or hazard to motorists, bicyclists, pedestrians, or other persons. The bill also amends existing law to raise the age limit for driving golf cars on streets from age 14 to 16. Licensing Low -speed electric vehicles. According to the Department of Revenue (DOR), registration fees for LSEVs are the same as those for a standard passenger vehicle of similar age and weight. Registration fees are assessed as tax class C. There are no registration fee exemptions for LSEVs. Class B low -speed electric vehicles. Current law prohibits the DOR from registering or issuing a title for a class B LSEV until after the U.S. Department of Transportation (DOT), through the National Highway Traffic Safety Administration (NHTSA), has adopted a federal motor vehicle safety standard for LSEVs that authorizes operation at greater than 25 mph but less than 45 mph. Once the U.S. DOT has adopted such standards, the DOR is required to promulgate rules authorizing the operation of class B LSEVs. Highway Users Tax Fund. The Highway Users Tax Fund (HUTF) is the primary fund for dispensing monies to the state and local governments to support transportation projects throughout the state. LSEVs, which are defined as motor vehicles in state law, contribute to the HUTF through various fees and taxes. Fuel taxes account for the largest source of HUTF revenue. Other sources include taxes, fees, and fines, such as: vehicle registration fees; passenger mile taxes; driver's license and permit fees; commercial driver's license fees; tag and certificate fees; daily vehicle rental fees; late vehicle registration fees; temporary plate fees; license plate fees; special license plate fees; and various fines and penalty fees for traffic infractions. Other States As of February 2012, at least 46 states have enacted legislation allowing LSEVs to be operated on roadways. An overview of Arizona and California law follows as two examples of states that have relatively comprehensive statutes addressing LSEVs, including their provisions regarding decals and parking for electric vehicles. Arizona. Under Arizona law, a neighborhood electric vehicle is defined as a self-propelled, electrically powered motor vehicle that is emission -free, has at least four wheels in contact with the ground, and complies with the definition and standards for low -speed vehicles set forth in federal law. A neighborhood electric vehicle may not be operated at a speed of more than 25 mph and may not be driven on a highway that has a posted speed limit of more than 35 mph. The law requires a vehicle to have a notice of the operational restrictions permanently attached to or painted on the vehicle in a location that is in clear view of the driver. Arizona law also requires the Arizona Department of Transportation to issue alternative fuel vehicle special plates and stickers for a LSEV, as well as provides for designated parking spaces. California. California law provides that a LSEV may not be operated on any roadway with a posted speed limit greater than 35 mph except to cross a roadway at an intersection. The law defines a LSEV to mean a vehicle that has four wheels, has a gross vehicle weight rating of 3,000 pounds or less, and is capable of achieving a minimum speed of 20 mph and a maximum speed of 25 mph. California law also addresses "zero -emission vehicles." Under the law, a zero -emission vehicle (ZEV) is defined as any car, truck, or any other vehicle that produces no tailpipe or evaporative emissions. The law requires the Department of Motor Vehicles to design a ZEV decal to be displayed on the vehicle. In addition, the law provides for designated parking spaces for vehicles displaying a ZEV decal. Room 029, State Capitol, Denver, CO 80203-1784.303-866-3521 • FAX: 303-866-3855 • TDD 303-866-3472 http://www.colorado.gov/lcs November 6, 2018 - Page 119 0 ORDINANCE NO. 16 SERIES 2018 AN ORDINANCE AMENDING CHAPTER 8 OF TITLE 7 OF THE VAIL TOWN CODE, REGARDING LOW -SPEED ELECTRIC VEHICLES AND GOLF CARS WHEREAS, pursuant to C.R.S. § 42-4-111, the Town is empowered to regulate the operation of low -speed electric vehicles and golf cars within its jurisdiction. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 8 of Title 7 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: CHAPTER 8 LOW -SPEED ELECTRIC VEHICLES AND GOLF CARS 7-8-1: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: GOLF CAR: A self-propelled vehicle with: a design speed of less than twenty (20) miles per hour; at least three (3) wheels in contact with the ground; an empty weight of not more than one thousand three hundred (1,300) pounds; and a carrying capacity of not more than four (4) persons. LOW -SPEED ELECTRIC VEHICLE (LSEV): A vehicle that: is operated by a licensed driver; is self-propelled utilizing electricity as its primary propulsion method; has at least three (3) wheels in contact with the ground; does not use handlebars to steer; exhibits the manufacturer's compliance with 49 C.F.R. 565 or displays a seventeen -character vehicle identification number pursuant to 49 C.F.R. 565; and complies with 49 C.F.R. 571.500. 7-8-2: GOLF CARS: The Vail Golf Course and its employees may use and operate golf cars at the Vail Golf Course for loading and delivery operation and golf operations and maintenance. Persons playing golf at Vail Golf Course are permitted to use golf cars on the Vail Golf Course, but individual use of golf cars outside of Vail Golf Course operations is prohibited. _Golf cars shall at all times yield to pedestrians, bicycles and motor vehicles. 1 11/1/2018 S:ITOWN COUNCIL AGENDA ITEMS11106181LSEV MEMO AND ORDIGOLF CARS AND LSEVS-REDLINE-0103118 (003).DOCX November 6, 2018 - Page 120 0 7-8-3: LOW SPEED ELECTRIC VEHICLES: A. An LSEV shall only be used on Town streets with speed limits not exceeding thirty-five (35) miles per hour and shall at all times yield to pedestrians, bicycles and motor vehicles. B. An LSEV may only be operated on Town streets if: 1. The operator holds a valid driver's license; 2. The LSEV is properly equipped and registered as provided by law; 3. The owner of the LSEV holds a complying insurance policy or certificate of self-insurance; 4. The LSEV is not carrying a greater number of passengers or load than that specified by the manufacturer; 5. The driver and all passengers are all—seated in seats designed and intended for such purpose in compliance with Colorado Passenger Safcty Laws, secured by at least a two-point safety harness (seat belt), except for a person with a physically or psychologically disabling condition whose physical or psychological disability prevents appropriate restraint by a safety harness; and 76. The driver and all passengers comply with the Model Traffic Code, this Code and other applicable law; and_ 8. When driven by aC.A commercial operator of an LSEV, as defined in Section 7-10-2 of this Code, shall comply with Title 7, Chapter 10, Section 2 of this code, the LSEV is permitted under Title 7, Chapter 10, Section 37 of this code and its driver complies with the rules of Code. 7-8-4: DESIGNATED AREAS: A. Golf cars: Other than their permitted uses oat the Vail Golf Course property, employees of Vail Golf Course may operate golf cars carts and travel on the following Town roadways related tofor Vail Golf Course operations on the following Town streets: 1. Sunburst Drive from the Vail Golf Course Clubhouse to Vail Valley Drive; 2. Vail Valley Drive from Sunburst Drive to the crossover from hole six (6) to hole seven (7); and 2 11/1/2018 S:ITOWN COUNCIL AGENDA ITEMS11106181LSEV MEMO AND ORDIGOLF CARS AND LSEVS-REDLINE-0103118 (003).DOCX Formatted: Indent: Left: 0.5", First line: 0.5" November 6, 2018 - Page 121 0 3. Golf cars may also cross Vail Valley Sunburst Drive between holes one (1) and two (2) and holes eight (8) and nine (9)A B. LSEVs: AAn LSEV may be operated upon any public street in the Town where the posted speed limit is thirty-five (35) miles per hour or less but may not be operated on the Colorado department of transportation's (CDOT's) North Frontage Road, South Frontage Road, Bighorn Road, and Interstate 70 rights of way, excluding any frontage road and Bighorn Road. C. Ford Park: Subject to prior written approval by the Director of the Public Works Department, employees of the Vail Recreation District, the Vail Valley Foundation and the Betty Ford Alpine Gardens may parking–lets, but may not travel on any sidewalk, including the sidewalk bordering the South Frontage Road.Other areas: The Town may limit the total number of golf cars or LSEVs allowed in Ford Park at any one time and may revoke such approvals at any time. 7-8-5. EXEMPTIONS: A. The Town recognizes that golf cars and LSEVs can be useful tools to assist the elderly and handicappeddisabled in certain situations, and grants the Chief of Police or dcsignccTown the power to approve limited, controlled use of golf cars and LSEVs when specially requested in other areas of the Town—, including without limitation Ford Park and the Gerald Ford Amphitheater. The Town may revoke such approvals at any time and for any reason. B. Whenever approved undcr a special event permit by the Economic Development Department's Special Event Coordinator, as applicable where designated in the permit. 7-8-65: PROHIBITIONS: cars: A. The following acts are prohibited in the operation of golf 1. Engaging in the transport of eitherTransporting passengers or goods, whichwho are neithernot employees or patrons of the Vail Golf Course nor property belonging_ 2. Transporting goods which are not related to the same.Vail Golf Course. 3 11/1/2018 S:ITOWN COUNCIL AGENDA ITEMS11106181LSEV MEMO AND ORDIGOLF CARS AND LSEVS-REDLINE-0103118 (003).DOCX November 6, 2018 - Page 122 0 2. Picking up or dropping off Vail Golf Course employees or any of its passengers along any public roadwayor goods outside of designated loading and unloading areas. 3. TravelingOperating a golf car on any dedicated recreation path or sidewalk not specifically indicated inpermitted by this Chapter. 4. TravelingOperating a golf car on any portion of roadway not specifically permitted by this Chapter. B. -The following acts are prohibited in the operation of LSEVs: 1. TravelingOperating a LSEV on any dedicated recreation path; or sidewalk not specifically permitted by this Chapter. 2. TravelingOperating a LSEV on any roadway not specifically permitted by this Chapter. 3. Operating a LSEV on a state highway in the Town, except that a LSEV may be operated to directly cross a state highway that has a speed limit greater than thirty-five (35) miles per hour at an at -grade crossing to continue traveling along a roadway with a speed limit equal to or less than thirty-five (35) miles per hour. 4. Travelling any distance in cxccss of one quarter (1/4) mile from their point of origin. For purposes of this prohibition, point of origin will be the location where an Operating a LSEV is registered or where it is generally stored when not in use. 5. Traveling insidcin the Lionshead Village Pedestrian Zone, 6. Travcling inside or the Vail Village Pedestrian Zone, without being permittcd as applicablcunless expressly authorized by the Town as provided in this Chapter. 75. Picking up or dropping off employees or any passengers map on file with the town clerk and available for inspection during regular business hours or online at https://www.vailgov.com/commercialpermits. 8. Picking up or dropping off or goods related to the maintenance and upkeep of a licensed business outside of permitted times or outside of designated locations authorized under loading and delivery rules as shown on a map on file with the town clerk and available for inspection during regular business hours or 4 11/1/2018 S:ITOWN COUNCIL AGENDA ITEMS11106181LSEV MEMO AND ORDIGOLF CARS AND LSEVS-REDLINE-0103118 (003).DOCX November 6, 2018 - Page 123 0 unloading areas. 7-8-76: VIOLATION; PENALTY: loading and A. It is unlawful to violate any provision of this Chapter. B. Violations of this Chapter shall be punished as provided in Section 7-1-6. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The amendment of any provision of the Vail Town Code in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 4. 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 4th day of September, 2018 and a public hearing for second reading of this Ordinance is set for the 6th day of November, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk 5 Dave Chapin, Mayor 11/1/2018 S:ITOWN COUNCIL AGENDA ITEMS11106181LSEV MEMO AND ORDIGOLF CARS AND LSEVS-REDLINE-0103118 (003).DOCX Formatted: Indent: Left: 0.5', First line: 0", Right: 0.5 November 6, 2018 - Page 124 0 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2018. ATTEST: Patty McKenny, Town Clerk 6 Dave Chapin, Mayor 11/1/2018 S:ITOWN COUNCIL AGENDA ITEMS11106181LSEV MEMO AND ORDIGOLF CARS AND LSEVS-REDLINE-0103118 (003).DOCX November 6, 2018 - Page 125 0 ORDINANCE NO. 16 SERIES 2018 AN ORDINANCE AMENDING CHAPTER 8 OF TITLE 7 OF THE VAIL TOWN CODE, REGARDING LOW -SPEED ELECTRIC VEHICLES AND GOLF CARS WHEREAS, pursuant to C.R.S. § 42-4-111, the Town is empowered to regulate the operation of low -speed electric vehicles and golf cars within its jurisdiction. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 8 of Title 7 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: CHAPTER 8 LOW -SPEED ELECTRIC VEHICLES AND GOLF CARS 7-8-1: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: GOLF CAR: A self-propelled vehicle with: a design speed of less than twenty (20) miles per hour; at least three (3) wheels in contact with the ground; an empty weight of not more than one thousand three hundred (1,300) pounds; and a carrying capacity of not more than four (4) persons. LOW -SPEED ELECTRIC VEHICLE (LSEV): A vehicle that: is operated by a licensed driver; is self-propelled utilizing electricity as its primary propulsion method; has at least three (3) wheels in contact with the ground; does not use handlebars to steer; exhibits the manufacturer's compliance with 49 C.F.R. 565 or displays a seventeen -character vehicle identification number pursuant to 49 C.F.R. 565; and complies with 49 C.F.R. 571.500. 7-8-2: GOLF CARS: The Vail Golf Course and its employees may use and operate golf cars at the Vail Golf Course for loading and delivery operation and golf operations and maintenance. Persons playing golf at Vail Golf Course are permitted to use golf cars on the Vail Golf Course, but individual use of golf cars outside of Vail Golf Course operations is prohibited. Golf cars shall at all times yield to pedestrians, bicycles and motor vehicles. 1 11/1/2018 S:ITOWN COUNCIL AGENDA ITEMS11106181LSEV MEMO AND ORDIGOLF CARS AND LSEVS-0103118.DOCX November 6, 2018 - Page 126 0 7-8-3: LOW SPEED ELECTRIC VEHICLES: A. An LSEV shall only be used on Town streets with speed limits not exceeding thirty-five (35) miles per hour. B. An LSEV may only be operated on Town streets if: 1. The operator holds a valid driver's license; 2. The LSEV is properly equipped and registered as provided by law; 3. The owner of the LSEV holds a complying insurance policy or certificate of self-insurance; 4. The LSEV is not carrying a greater number of passengers or load than that specified by the manufacturer; 5. The driver and all passengers are seated in seats designed and intended for such purpose, secured by at least a two-point safety harness, except for a person with a physically or psychologically disabling condition whose physical or psychological disability prevents appropriate restraint by a safety harness; and 6. The driver and all passengers comply with the Model Traffic Code, this Code and other applicable law. C. A commercial operator of an LSEV, as defined in Section 7- 10-2 of this Code, shall comply with Title 7, Chapter 10, Section 7 of this Code. 7-8-4: DESIGNATED AREAS: A. Golf cars: Other than their permitted uses at the Vail Golf Course, employees of Vail Golf Course may operate golf cars for Vail Golf Course operations on the following Town streets: 1. Sunburst Drive from the Vail Golf Course Clubhouse to Vail Valley Drive; 2. Vail Valley Drive from Sunburst Drive to the crossover from hole six (6) to hole seven (7); and 3. Golf cars may also cross Vail Valley Drive between holes one (1) and two (2) and holes eight (8) and nine (9). 2 11/1/2018 S:ITOWN COUNCIL AGENDA ITEMS11106181LSEV MEMO AND ORDIGOLF CARS AND LSEVS-0103118.DOCX November 6, 2018 - Page 127 0 B. LSEVs: An LSEV may be operated upon any public street in the Town where the posted speed limit is thirty-five (35) miles per hour or less, excluding any frontage road and Bighorn Road. C. Other areas: The Town recognizes that golf cars and LSEVs can be useful tools to assist the elderly and disabled in certain situations, and grants the Town the power to approve limited, controlled use of golf cars and LSEVs when specially requested in other areas of the Town, including without limitation Ford Park and the Gerald Ford Amphitheater. The Town may revoke such approvals at any time and for any reason. 7-8-5: PROHIBITIONS: cars: A. The following acts are prohibited in the operation of golf 1. Transporting passengers who are not employees or patrons of the Vail Golf Course. 2. Transporting goods which are not related to the Vail Golf Course. 2. Picking up or dropping off passengers or goods outside of designated loading and unloading areas. 3. Operating a golf car on any recreation path or sidewalk not specifically permitted by this Chapter. 4. Operating a golf car on any portion of roadway not specifically permitted by this Chapter. B. The following acts are prohibited in the operation of LSEVs: 1. Operating a LSEV on any recreation path or sidewalk not specifically permitted by this Chapter. 2. Operating a LSEV on any roadway not specifically permitted by this Chapter. 3. Operating a LSEV on a state highway in the Town, except that a LSEV may be operated to directly cross a state highway that has a speed limit greater than thirty-five (35) miles per hour at an at -grade crossing to continue traveling along a roadway with a speed limit equal to or less than thirty-five (35) miles per hour. 4. Operating a LSEV in the Lionshead Village Pedestrian Zone or the Vail Village Pedestrian Zone, unless expressly authorized by the Town as provided in this Chapter. 3 11/1/2018 S:ITOWN COUNCIL AGENDA ITEMS11106181LSEV MEMO AND ORDIGOLF CARS AND LSEVS-0103118.DOCX November 6, 2018 - Page 128 0 5. Picking up or dropping off passengers or goods outside of designated loading and unloading areas. 7-8-6: VIOLATION; PENALTY: A. It is unlawful to violate any provision of this Chapter. B. Violations of this Chapter shall be punished as provided in Section 7-1-6. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The amendment of any provision of the Vail Town Code in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 4. 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 4th day of September, 2018 and a public hearing for second reading of this Ordinance is set for the 6th day of November, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk 4 Dave Chapin, Mayor 11/1/2018 S:ITOWN COUNCIL AGENDA ITEMS11106181LSEV MEMO AND ORDIGOLF CARS AND LSEVS-0103118.DOCX November 6, 2018 - Page 129 0 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2018. ATTEST: Patty McKenny, Town Clerk 5 Dave Chapin, Mayor 11/1/2018 S:ITOWN COUNCIL AGENDA ITEMS11106181LSEV MEMO AND ORDIGOLF CARS AND LSEVS-0103118.DOCX November 6, 2018 - Page 130 0 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 17, Series of 2018, Second Reading, An Ordinance Repealing and Reenacting Chapter 10-1 of the Vail Town Code and Adopting by Reference the 2018 Editions of the International Building Code, International Residential Code, International Fire Code, International Energy Conservation Code, International Plumbing Code, International Fuel Gas Code, International Mechanical Code, International Existing Building Code: and the 2017 Edition of the National Electrical Code; and the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings; with Amendments thereto PRESENTER(S): Chris Jarecki, Chief Building Official ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 17, 2018, Series of 2018, upon second reading. BACKGROUND: The building codes are updated on a three year cycle after an extensive code development process in which all interested and affected parties may participate. This allows for the codes to stay current with the continually changing laws and technology that affect the construction industry. ATTACHMENTS: Description Staff Memorandum Ordinance No. 17, Series of 2018 November 6, 2018 - Page 131 0 TOWN OFD To: Vail Town Council From: Building and Fire Code Appeals Board Town of Vail Community Development Department Town of Vail Fire Department Date: November 6, 2018 Memorandum Subject: Second Reading: Ordinance No. 17, Series of 2018 — Adoption of the 2018 editions of the International Building Codes; and the 2017 edition of the National Electrical Code; and the 1997 edition of the Uniform Code for the Abatement of Dangerous Buildings; with amendments thereto. I. Summary: The purpose of this memorandum is to provide information to Vail Town Council regarding repealing and reenacting Title 10, Chapter 1 of the Vail Municipal Code through adoption of the latest editions of the building codes as amended and recommended by the Building and Fire Code Appeals Board. The members of the Board making this recommendation are: • Mark J. Mueller, PE (Chair) Structural Engineer • Rollie Kjesbo General Contractor • Kathy Langenwalter, RA Architect • Steve Loftus Mechanical Engineer • Mark Hallenbeck General Contractor • Mark Donaldson, RA Architect • Kyle Webb, RA Architect The comprehensive set of codes proposed establishes minimum regulations for the design and construction of building systems through requirements that emphasize performance and are developed for the general health and life safety of the public. 11. Background: During first reading, Council approved the proposed ordinance 6-1. Since that approval, there were a few minor changes to the ordinance based upon further analysis of the fees proposed. The fee schedule itself has remained unchanged as the base fees are set at an amount to ensure that, in most cases, they will cover the cost of doing business. As there may seem to be an inequitable increase when comparing small and 12/14/2017 Page 1 November 6, 2018 - Page 132 0 large projects, the percentages cannot be relied upon as an accurate measurement. All projects, no matter the value or size, require the same Town resources to complete. Additions were made to the miscellaneous fees section by adding the electrical plan review fee (prior to this, none was charged), and by increasing the cost of re -inspection fees and off -business hours inspection fees. These charges are now in line with similar jurisdictions and accurately reflect costs. Training sessions are set to begin for all interested contractors and design professionals with regard to these code updates. III. Action Requested: On September 20, 2018 the Building and Fire Code Appeals Board, in a vote of 6-0 with one member absent, unanimously approved Ordinance No. 17, Series of 2018 for consideration by the Vail Town Council. The Community Development Department and Town of Vail Fire Department are in support of this recommendation. As approved during first reading on October 16, 2018 by a 6-1 vote, Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 17, Series of 2018 upon second reading. If approved, the effective date shall be January 1, 2019. Thank you for your consideration in this matter. 12/14/2017 Page 2 November 6, 2018 - Page 133 0 ORDINANCE NO. 17 SERIES OF 2018 AN ORDINANCE REPEALING AND REENACTING TITLE 10, CHAPTER 1 OF THE VAIL TOWN CODE AND ADOPTING BY REFERENCE THE 2018 EDITIONS OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL FIRE CODE, INTERNATIONAL ENERGY CONSERVATION CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL FUEL GAS CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL EXISTING BUILDING CODE; AND THE 2017 EDITION OF THE NATIONAL ELECTRICAL CODE; AND THE 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; WITH AMENDMENTS THERETO. WHEREAS, the 2018 editions of the International Building Code, International Residential Code, International Fire Code, International Energy Conservation Code, International Plumbing Code, International Fuel Gas Code, International Mechanical Code, International Existing Building Code; and the 2017 Edition of the National Electrical Code; and the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings have been published; WHEREAS, the 2015 International Codes currently adopted by the Town of Vail lack the updates contained within in the 2018 International Codes that address modern construction means, methods, safety improvements, and code clarity; WHEREAS, the adoption and use of the 2017 edition of the National Electrical Code is required by the State of Colorado; WHEREAS, the Building and Fire Code Appeals Board of the Town of Vail has recommended adoption of the codes set forth in this ordinance; and WHEREAS, the Vail Town Council finds that the adoption of the codes set forth in this ordinance will promote the health, safety and general welfare of the public 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. Chapter 1 of Title 10 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: 10-1-1: CODES ADOPTED BY REFERENCE 1 November 6, 2018 - Page 134 0 The following codes are hereby adopted by reference, as amended: A. Building Code - The International Building Code, 2018 edition, including Appendices B, E, G, J and K, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975 B. Residential Code - Chapters 1 through 10 of The International Residential Code, 2018 edition, including Appendices F and J, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975 C. Fire Code - The International Fire Code, 2018 edition, including Appendices A, B, C, D, E, G, H, I and J, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975 D. Energy Code - The International Energy Conservation Code, 2018 edition, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975 E. Plumbing Code - The International Plumbing Code, 2018 edition, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478- 5975 F. Fuel Gas Code - The International Fuel Gas Code, 2018 edition, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478- 5975 G. Mechanical Code - The International Mechanical Code, 2018 edition, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478- 5975 H. Existing Building Code - The International Existing Building Code, 2018 edition, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975 I. Electrical Code - NFPA 70, The National Electrical Code, 2017 Edition, published by the National Fire Protection Association, Inc., 1 Batterymarch Park, Quincy, MA 02269 J. Abatement Code - The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials, 5360 Workman Mill Road, Whittier, CA 90601-2298 10-1-2: AMENDMENTS TO THE INTERNATIONAL BUILDING CODE The following amendments are hereby made to the International Building Code, 2018 Edition: Section 101.1 Title: Section 101.1 is amended to read as follows: "101.1 Title. These regulations shall be known as the Building Code of the Town of Vail, hereinafter referred to as 'this code-. Section 101.4 Referenced codes: Section 101.4 is amended to read as follows: 2 November 6, 2018 - Page 135 0 "101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this code shall not be considered a part of this code unless specifically adopted." Section 105.2 Work exempt from permit: Section 105.2 is amended to read as follows: "Building: 2. Fences not over 6 feet high. Note: Fences required per Section 1510.8.4 and 3109 are not exempt from a permit. 14. Decks that are not over 30 inches above grade at any point and not part of a means of egress or an accessible route." Section 109.2 Schedule of permit fees: Section 109.2 is amended to read as follows: "109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the following Town of Vail Permit and Inspection Fee Schedule:" Total Valuation: Fees: $1.00 to $500.00 $50.00 $501.00 to $2,000.00 $50.00 for the first $500 plus $3.05 for each additional $100 or fraction thereof, to and including $2000. $2,001.00 to $25,000.00 $87.50 for the first $2000 plus $14.00 for each additional $1,000 or fraction thereof, to and including $25,000. $25,001.00 to $50,000.00 $409.50 for the first $25,000 plus $10.10 for each additional $1,000 or fraction thereof, to and including $50,000. $50,001.00 to $100,000.00 $662.00 for the first $50,000 plus $7.00 for each additional $1,000 or fraction thereof, to and including $100,000. $100,001.00 to $500,000.00 $1012.00 for the first $100,000 plus $6.50 for each additional $1,000 or fraction thereof, to and including $500,000. $500,001.00 to $1,000,000.00 $3612.00 for the first $500,000 plus $5.00 for each additional $1,000 or fraction thereof, to and including $1,000,000. $1,000,001 and above $6112.00 for the first $1,000,000 plus $4.00 for each additional $1,000 or fraction thereof. 3 November 6, 2018 - Page 136 0 Other related fees: • Building plan review fees 65% of Permit Fee • Plumbing and Mechanical plan review fees 25% of Permit Fee Electrical plan review fees 25% of Permit Fee Plan revision fees $75.00/hr., min. 2 hours Inspections outside of regular business hours $105.00/hr., min. 2 hours Re -inspection fees $105.00/inspection • Will -Call fee (added to every permit for will -call inspection services) $5.00 Plumbing and Mechanical permit fees shall be calculated utilizing the fee table above. • Any work commencing prior to issuance of a permit is subject to double -permit fees. • All electrical permit fees will be based on the current State of Colorado Electrical Fee Schedule, plus 15%. This includes TWO inspections. For ANY additional inspections, including re - inspections for corrections assessed by the inspector(s), an additional fee of $105.00 per inspection will be assessed. This fee shall be paid prior to any further inspections. Section 110.3.9 Other inspections: Section 110.3.9 is amended by the addition of the following text: "The Building Official shall also be authorized to make or require inspections of construction work as required by Titles 11 through 14 of the Town of Vail Municipal Code." Section 1505.1 General: Section 1505.1 is amended to read as follows: "1505.1 General. In accordance with Town of Vail Municipal Codes, all roof coverings shall be Class A roofing only. Wood shakes and shingles are not permitted except where exempted for replacement or repair as defined below. Where the roof profile allows space between the roof covering and the roof decking at the eave ends, the spaces shall be constructed to prevent intrusion of flames and embers or have one layer of 72 -pound (32.4 kg) mineral -surfaced non -perforated cap sheet complying with ASTM D3909 installed over the combustible decking. Replacement or Repair: Each structure with a nonconforming roof covering or roof assembly shall be allowed one (1) replacement or repair of twenty five percent (25%) or less of the roof area. Replacement or repair in excess of twenty five percent (25%) or a second replacement or repair of the roof covering or roof assembly shall trigger replacement of the nonconforming covering or assembly in its entirety. For purposes of this section, a two-family dwelling shall be considered two separate structures. Emergency repairs of less than 10 square feet shall not be subject to the twenty five percent (25%) rule. Exception: Metal and concrete roofing systems." 4 November 6, 2018 - Page 137 0 Table 1505.1 Minimum Roof Covering Classification for Types of Construction and all associated footnotes are deleted. Section 1505.3 Class B roof assemblies is deleted. Section 1505.4 Class C roof assemblies is deleted. Section 1505.5 Nonclassified roofing is deleted. Section 1505.6 Fire -retardant -treated wood shingles and shakes is deleted. Section 1505.7 Special purpose roofs is deleted. Section 1507.1.2 Ice barriers: Section 1507.1.2 is amended to read as follows: "1507.1.2 Ice barriers. Ice barriers shall be installed for asphalt shingles, metal roof panels and shingles, mineral -surfaced roll roofing, slate, slate -type and other shingles. The ice barrier shall consist of not less than two layers of underlayment cemented together, or a self -adhering polymer modified bitumen sheet shall be used in place of normal underlayment. The ice barrier shall completely cover all roof surfaces. Exception: Detached accessory structures that do not contain conditioned floor area." Section 1510.8.6 Snow retention devices: Section 1510.8.6 is added, to read as follows: "1510.8.6 Snow retention devices. New roof assemblies shall be designed to prevent accumulations of snow from shedding onto exterior balconies, decks, stairways, sidewalks, streets, alleys, pedestrian and vehicle exits from buildings, areas directly above or in front of utility meters and/or adjacent properties. The design of snow retention devices shall be provided by a registered design professional or as determined by the Building Official. Exception: Roof areas with a horizontal projection of less than 48 inches that will not receive snow shedding from a higher roof. The horizontal projection shall be measured perpendicular to the exterior wall line from the edge of the roof or eave to the intersecting wall surface." Section 1603.1.10 Boulder and rock walls: Section 1603.2 is added, to read as follows: "1603.1.10 Boulder and rock walls. Boulder or rock walls with a height of greater than 48 inches shall be designed by a registered design professional and shall comply with Section 1603.1." Section 1604.1.1 Hazard areas: Section 1604.1.1 is added, to read as follows: 5 November 6, 2018 - Page 138 0 "1604.1.1 Hazard areas. All new construction and additions to existing structures located in mapped debris flow, rock fall, avalanche and flood hazard areas shall be designed in compliance with Title 12, Chapter 21 of the Town of Vail Municipal Code." Section 1608.1 General is deleted. Section 1608.2 Ground snow loads: Section 1608.2 is amended to read as follows: "1608.2 Ground and roof snow loads. The ground snow load for the Town of Vail is 142 pounds per square foot. Designs for roof snow loads shall be as follows: 1. Roof pitches of less than 4:12 shall be designed to carry a 100 pound per square foot snow load. 2. Roof pitches of 4:12 and greater shall be designed to carry an 80 pound per square foot snow load. There is no allowance for pitch reduction nor is there a requirement to increase surcharge loading due to snow drifting or type of roof covering. Snow loads for decks and exterior balconies shall be as required for roofs." Section 1809.5 Frost protection: Section 1809.5 is amended to read as follows: "1. Extending to no less than 48 inches below grade." Section 2111.1 General: Section 2111.1 is amended to read as follows: "2111.1 General. The construction of masonry fireplaces, consisting of concrete or masonry, shall be in accordance with this section and Title 5, Chapter 3 of the Town of Vail Municipal Code." Section 2902.2 Separate facilities: Section 2902.2 is amended to read as follows: "Exception 2: Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 30 or fewer." Exception 4 is deleted. Section 3107.1 General: Section 3107.1 is amended to read as follows: "3107.1 General. Signs shall be designed, constructed and maintained in accordance with this code and Title 11 of the Town of Vail Municipal Codes." Section 3109 Swimming Pools: Section 3109 is amended to read as follows: "SECTION 3109 SWIMMING POOL ENCLOSURES AND SAFETY DEVICES 3109.1 General. Swimming pools shall comply with the requirements of Sections 3109.2 through 3109.5, other applicable sections of this code, and the Colorado Department of Public Health and Environment Water Quality Control Division standard 5 CCR 1003-5. 6 November 6, 2018 - Page 139 0 3109.2 Definition. The following term is defined in Chapter 2: SWIMMING POOLS. 3109.3 Public and semi-public swimming pools. Public and semi-public swimming pools as defined by Colorado Department of Public Health and Environment Water Quality Control Division standard 5 CCR 1003-5 shall be completely enclosed by a fence not less than 60 inches (1524 mm) in height or a screen enclosure. Openings in the fence shall not permit the passage of a 4 -inch - diameter (102 mm) sphere. The fence or screen enclosure shall be equipped with self-closing and self -latching gates, with the latch a minimum of 54 inches (1372 mm) high. 3109.4 Private swimming pools. Private swimming pools as defined by Colorado Department of Public Health and Environment Water Quality Control Division standard 5 CCR 1003-5 shall be completely enclosed by a barrier complying with Sections 3109.4.1 through 3109.4.3. Exception: A swimming pool with a power safety cover or a spa with a safety cover complying with ASTM F 1346 need not comply with this section. 3109.4.1 Barrier height and clearances. The top of the barrier shall be not less than 48 inches (1219 mm) above grade measured on the side of the barrier that faces away from the swimming pool. The vertical clearance between grade and the bottom of the barrier shall be not greater than 2 inches (51 mm) measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the vertical clearance between the top of the pool structure and the bottom of the barrier shall be not greater than 4 inches (102 mm). 3109.4.1.1 Openings. Openings in the barrier shall not allow passage of a 4 - inch -diameter (102 mm) sphere. 3109.4.1.2 Solid barrier surfaces. Solid barriers which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. 3109.4.1.3 Closely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall be not greater than 1 3/4 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1 3/4 inches (44 mm) in width. 3109.4.1.4 Widely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing between vertical members shall be not greater than 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1 3/4 inches (44 mm) in width. 7 November 6, 2018 - Page 140 0 3109.4.1.5 Chain link dimensions. Mesh size for chain link fences shall be not greater than a 2 1/4 -inch square (57 mm square) unless the fence is provided with slats fastened at the top or the bottom that reduce the openings to not more than 1 3/4 inches (44 mm). 3109.4.1.6 Diagonal members. Where the barrier is composed of diagonal members, the opening formed by the diagonal members shall be not greater than 1 3/4 inches (44 mm). 3109.4.1.7 Gates. Access doors or gates shall comply with the requirements of Sections 3109.4.1.1 through 3109.4.1.6 and shall be equipped to accommodate a locking device. Pedestrian access doors or gates shall open outward away from the pool and shall be self-closing and have a self -latching device. Doors or gates other than pedestrian access doors or gates shall have a self -latching device. Release mechanisms shall be in accordance with Sections 1010.1.9 and 1109.13. Where the release mechanism of the self -latching device is located less than 54 inches (1372 mm) from the bottom of the door or gate, the release mechanism shall be located on the pool side of the door or gate 3 inches (76 mm) or more, below the top of the door or gate, and the door or gate and barrier shall be without openings greater than 1/2 inch (12.7 mm) within 18 inches (457 mm) of the release mechanism. 3109.4.1.8 Dwelling wall as a barrier. Where a wall of a dwelling serves as part of the barrier, one of the following shall apply: 1. Doors with direct access to the pool through that wall shall be equipped with an alarm that produces an audible warning when the door or its screen, if present, are opened. The alarm shall be listed and labeled in accordance with UL 2017. In dwellings not required to be Accessible units, Type A units or Type B units, the deactivation switch shall be located 54 inches (1372 mm) or more above the threshold of the door. In dwellings required to be Accessible units, Type A units or Type B units, the deactivation switch shall be located not higher than 54 inches (1372 mm) and not less than 48 inches (1219 mm) above the threshold of the door. 2. The pool shall be equipped with a power safety cover that complies with ASTM F 1346. 3. Other means of protection, such as self-closing doors with self -latching devices, which are approved, shall be accepted so long as the degree of protection afforded is not less than the protection afforded by Item 1 or 2 above. 3109.4.1.9 Pool structure as barrier. Where an above -ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier that meets the requirements of Sections 3109.4.1.1 through 3109.4.1.8. Where the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4 -inch - diameter (102 mm) sphere. 8 November 6, 2018 - Page 141 0 3109.4.2 Indoor swimming pools. Walls surrounding indoor swimming pools shall not be required to comply with Section 3109.4.1.8. 3109.4.3 Prohibited locations. Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers. 3109.5 Entrapment avoidance. Suction outlets shall be designed and installed in accordance with ANSI/APSP-7." 10-1-3: AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE The following amendments are hereby made to the International Residential Code, 2018 Edition: Section R101.1 Title: Section 101.1 is amended to read as follows: "R101.1 Title. These provisions shall be known as the Residential Code of the Town of Vail, hereinafter referred to as 'this code-. Section R105.2 Work exempt from permit: Section R105.2 is amended to read as follows: "Building: 2. Fences not over 6 feet high. 10. Decks that are not over 30 inches above grade at any point and do not serve the exit door required by Section R311.4." Section R109.1.5 Other inspections: Section R109.1.5 is amended by the addition of the following text: "The Building Official shall also be authorized to make or require inspections of construction work as required by Chapter 17 of the International Building Code and by Titles 11 through 14 of the Town of Vail Municipal Code." Table R301.2(1) Climatic and Geographic Design Criteria: Table R301.2(1) is amended to read as follows: Climate Zone Ground Snow Load Wind Speed (mph) Topographic Effects Seismic Design Category Weathering Frost Line Termite Winter Design Temp Ice Barrier Underlayment Required Air Freezing Index 6B 142 115 B B Severe 48 Slight/Mod. -5 Yes 2500 Section R301.2.3 Snow loads: Section R301.2.3 is amended to read as follows: "R301.2.3 Ground and roof snow loads. The ground snow load for the Town of Vail is 142 pounds per square foot. Designs for roof snow loads shall be as follows: 1. Roof pitches of less than 4:12 shall be designed to carry a 100 pound per square foot snow load. 9 November 6, 2018 - Page 142 0 2. Roof pitches of 4:12 and greater shall be designed to carry an 80 pound per square foot snow load. There is no allowance for pitch reduction nor is there a requirement to increase surcharge loading due to snow drifting or type of roof covering. Snow loads for decks and exterior balconies shall be as required for roofs. All buildings and structures shall be designed in accordance with accepted engineering practice." Table R301.5 Maximum Uniformly Distributed Live Loads: Table R301.5 is amended by deleting "Balconies (exterior) and decks" and "Fire escapes" from the table and adding new footnote (i) to read as follows: "Note i. The minimum uniformly distributed live loads for exterior balconies and decks shall be 100 psf." Section R302.1 Exterior Walls: Section R302.1 is amended by adding the following text: "Exception 6: Projections, openings or penetrations in shared walls of two-family dwelling units with a lot line separating the units along the shared wall." Section R311.7.11 Alternating tread devices: Section 311.7.11 is amended to read as follows: "Exception: Alternating tread devices are allowed to be used as an element of a means of egress for lofts, mezzanines and similar areas of 200 gross square feet (18.6 m2) or less where an emergency escape and rescue opening is provided for the area served and such devices do not provide exclusive access to a kitchen or bathroom." Section R311.7.12 Ships ladders: Section R311.7.12 is amended to read as follows: "Exception: Ships ladders are allowed to be used as an element of a means of egress for lofts, mezzanines and similar areas of 200 gross square feet (18.6 m2) or less where an emergency escape and rescue opening is provided for the area served and such devices do not provide exclusive access to a kitchen or bathroom." Section R313.1 Townhouse automatic fire sprinkler systems: Section R313.1 is amended to read as follows: "Exception: An automatic residential fire sprinkler system may be required where additions and alterations are made to existing townhouses depending on scope and size of the project in accordance with Vail Fire and Emergency Services fire sprinkler installation requirements." Section R313.1.1 Design and installation: Section R313.1.1 is amended to read as follows: "R313.1.1 Design and installation. Automatic residential fire sprinkler systems for townhouses shall be designed and installed in accordance with NFPA 13D and Vail Fire and Emergency Services fire sprinkler installation requirements." 10 November 6, 2018 - Page 143 0 Section R313.2 One- and two-family dwellings automatic fire sprinkler systems: Section R313.2 is amended to read as follows: "Exception: An automatic residential fire sprinkler system may be required where additions and alterations are made to existing buildings depending on scope and size of the project in accordance with Vail Fire and Emergency Services fire sprinkler installation requirements." Section R313.2.1 Design and installation: Section R313.2.1 is amended to read as follows: "R313.2.1 Design and installation. Automatic residential fire sprinkler systems shall be designed and installed in accordance with NFPA 13D and Vail Fire and Emergency Services fire sprinkler installation requirements." Section R315.2 Where required: Section R315.2 is amended to read as follows: "R315.2 Where required. Carbon monoxide alarms shall be provided in accordance with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and Emergency Services alarm installation standards." Section R315.2.1 New construction: Section R315.2.1 is amended to read as follows: "R315.2.1 New construction. For new construction, carbon monoxide alarms shall be provided in accordance with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and Emergency Services alarm installation standards." Section R315.3 Location: Section R315.3 is amended with the addition of the following text: "In addition to the above locations, carbon monoxide alarms shall be provided in accordance with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and Emergency Services alarm installation standards." Section R315.7 Carbon monoxide detection systems: Section R315.7 is amended to read as follows: "R315.7 Carbon monoxide detection systems. Carbon monoxide detection systems shall be permitted to be used in lieu of carbon monoxide alarms and shall comply with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and Emergency Services alarm installation standards." Section R315.7.2 Locations: Section R315.7.2 is amended to read as follows: "R315.7.2 Location. Carbon monoxide detectors shall be installed in accordance with Section R315.3, as amended." Section R326.1 General: Section R326.1 is amended to read as follows: "R326.1 General. The design and construction of pools and spas shall comply with Section 3109 of the International Building Code, as amended." 11 November 6, 2018 - Page 144 0 Section R507.2.1 Wood materials: Section R507.2.1 is amended with the addition of the following exception: "Exception: An approved flashing detail in accordance with Section R507.2.4 that prevents moisture and water accumulation on member surfaces and joints may be utilized in -lieu of preservative -treated materials." Section R902.1 Roofing covering materials: Section R902.1 is amended to read as follows: "R902.1 Roofing covering materials. In accordance with Town of Vail Municipal Codes, all roof coverings shall be Class A roofing only. Class A roofing required by this section to be listed shall be tested in accordance with UL 790 and ASTM E108. Wood shakes and shingles are not permitted except where exempted for replacement or repair as defined below. Where the roof profile allows space between the roof covering and the roof decking at the eave ends, the spaces shall be constructed to prevent intrusion of flames and embers, or have one layer of 72 -pound (32.4 kg) mineral -surfaced non -perforated cap sheet complying with ASTM D3909 installed over the combustible decking. Replacement or Repair: Each structure with a nonconforming roof covering or roof assembly shall be allowed one (1) replacement or repair of twenty five percent (25%) or less of the roof area. Replacement or repair in excess of twenty five percent (25%) or a second replacement or repair of the roof covering or roof assembly shall trigger replacement of the nonconforming covering or assembly in its entirety. For purposes of this section, a two-family dwelling shall be considered two separate structures. Emergency repairs of less than 10 square feet shall not be subject to the twenty five percent (25%) rule. Exception: Metal and concrete roofing systems." Section 902.2 Fire -retardant -treated wood shingles and shakes is deleted. Section R903.5 Snow retention devices: Section R903.5 is added, to read as follows: "903.5 Snow retention devices. New roof assemblies shall be designed to prevent accumulations of snow from shedding onto areas directly above or in front of utility meters and/or adjacent properties. The design of snow retention devices shall be provided by a registered design professional or as determined by the Building Official. Exception: Roof areas with a horizontal projection of less than 48 inches that will not receive snow shedding from a higher roof. The horizontal projection shall be measured perpendicular to the exterior wall line from the edge of the roof or eave to the intersecting wall surface." Section R905.1.2 Ice barriers: Section R905.1.2 is amended to read as follows: "R905.1.2 Ice barriers. Ice barriers shall be installed for asphalt shingles, metal roof panels and shingles, mineral -surfaced roll roofing, slate, slate -type and other 12 November 6, 2018 - Page 145 0 shingles. The ice barrier shall consist of not less than two layers of underlayment cemented together, or a self -adhering polymer modified bitumen sheet shall be used in place of normal underlayment. The ice barrier shall completely cover all roof surfaces. Exception: Detached accessory structures that do not contain conditioned floor area." Section R1001.1 General: Section R1001.1 is amended to read as follows: "R1001.1 General. Masonry fireplaces shall be constructed in accordance with this section, the applicable provisions of Chapters 3 and 4 of this code, and with Title 5 of the Town of Vail Municipal Code." CHAPTERS 11 THROUGH 43 ARE DELETED FROM THE INTERNATIONAL RESIDENTIAL CODE AND REPLACED WITH THE CORRESPONDING INTERNATIONAL CODES AND NATIONAL ELECTRICAL CODE. 10-1-4: AMENDMENTS TO THE INTERNATIONAL FIRE CODE The following amendments are hereby made to The International Fire Code, 2018 Edition: Section 101.1 Title: Section 101.1 is amended to read as follows: "101.1 Title. These regulations shall be known as the Fire Code of the Town of Vail, hereinafter referred to as 'this code-. Section 202 Definitions: The following definitions are amended to read as follows: "FALSE ALARM: See Title 4, Business and License Regulations, Town of Vail Municipal Code." "PORTABLE OUTDOOR FIREPLACE: A portable, outdoor, solid -fuel burning fireplace that may be constructed of steel, concrete, clay or other non- combustible material and equipped with a screen or other approved spark arrestor. A portable outdoor fireplace may be open in design, or may be equipped with a small hearth opening and a short chimney or chimney opening in the top." Section 202 Definitions: The following definition is added to read as follows: "TAMPERING: Any alteration, damage, misuse, deactivation or other similar action that renders any fire protection, fire detection or other life -safety system inoperable without the express written approval of Vail Fire and Emergency Services." Section 307.1.1 Prohibited open burning: Section 307.1.1 is amended to read as follows: 13 November 6, 2018 - Page 146 0 "307.1.1 Prohibited open burning. The following burning activities are unlawful in the Town of Vail: 1. Open burning. 2. Bonfires. 3. Recreational fires. 4. The burning of any materials when a National Weather Service Red Flag Warning is activated. 5. The burning of any materials when Stage 2 or 3 fire restrictions are in place. 6. The use of portable outdoor fireplaces when Stage 2 or 3 fire restrictions are in place. Exceptions: 1. Burning conducted for training purposes by Vail Fire and Emergency Services. 2. If the burning is a smokeless flare or safety flare used to indicate danger to the public. 3. Open burning conducted pursuant to a permit issued by the Fire Code Official upon written application, if the Fire Code Official determines that such burning will be performed without hazard to the public health, safety or welfare. 4. Prescribed burning for the purpose of reducing the impact of wildland fire when authorized by the Fire Code Official. 5. The use of propane or natural gas appliances equipped with automatic shut-off controls." Section 307.3 Extinguishment authority: Section 307.3 is amended to read as follows: "307.3 Extinguishment authority. Where any open burning, permitted or otherwise (including the use of a portable outdoor fireplace), creates or adds to a hazardous situation or creates a nuisance or health risk due to smoke or other products of combustion, the fire shall be ordered to be extinguished by Vail Fire and Emergency Services or Vail Police Department." Section 307.4.1 Bonfires is deleted. Section 307.4.2 Recreational fires is deleted. Section 307.4.3 Portable outdoor fireplaces: Section 307.4.3 is amended to read as follows: "307.4.3 Portable outdoor fireplaces. Use of a portable outdoor fireplace shall be permitted, subject to the following restrictions: 1. Portable outdoor fireplaces shall be equipped with a properly fitting spark screen or arrestor. 2. Portable outdoor fireplaces shall be used in accordance with manufacturer's instructions. 3. Portable outdoor fireplaces shall maintain a minimum clearance of fifteen (15) feet from any structure or other combustible materials. 14 November 6, 2018 - Page 147 0 4. Smoke created from a portable outdoor fireplace shall be maintained in such a manner as to avoid causing a nuisance or hazardous condition. 5. Use of a portable outdoor fireplace shall be in accordance with Section 307.5, as amended. 6. Use of a portable outdoor fireplace on short-term rental property is strictly prohibited. 7. Use of a portable outdoor fireplace is prohibited when Stage 2 or 3 fire restrictions are in place." Section 307.5 Attendance: Section 307.5 is amended to read as follows: "307.5 Attendance. Permitted open burning, including the use of portable outdoor fireplaces, shall be constantly attended until the fire is extinguished. Not fewer than one portable fire extinguisher complying with Section 906 with a minimum 3A:60B:C rating or other approved on-site fire -extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization." Section 308.1.6.3 Sky lanterns: Section 308.3.6.3 is amended to read as follows: "308.1.6.3 Sky lanterns. The use of sky lanterns is prohibited. Section 308.3.1 Open -flame decorative devices: Section 308.3.1 is amended with the addition of the following text: "11. Candles may only be used in constantly attended locations." Section 503.6 Security gates: Section 503.6 is amended to read as follows: "503.6 Security gates. The installation of security gates across a fire apparatus access road or driveway shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200." Section 901.6 Inspection, testing and maintenance: Section 901.6 is amended to read as follows: "901.6 Inspection, testing and maintenance. Fire detection and alarm systems, emergency alarm systems, gas -detection systems, fire -extinguishing systems, mechanical smoke exhaust systems and smoke and heat vents shall be maintained in an operative condition at all times, and shall be replaced or repaired where defective. Existing systems, including signaling and notification devices that are no longer listed by UL or supported by the manufacturer shall be replaced per current NFPA and Vail Fire and Emergency Services standards. 15 November 6, 2018 - Page 148 0 Non -required fire protection systems and equipment shall be inspected, tested and maintained or removed." Section 903.2.10 Group S-2 enclosed parking garages: The Exception listed under Section 903.2.10 is deleted. Section 903.3.1.3 NFPA 13D sprinkler systems: Section 903.3.1.3 is amended to read as follows: "903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems that are installed in one- and two-family dwellings and townhouses shall be installed in accordance with NFPA 13D and Vail Fire and Emergency Services installation standards." Section 903.4 Sprinkler system supervision and alarms: All Exceptions listed under Section 903.4 are deleted. Section 907.2 Where required — new buildings and structures: Section 907.2 is amended to read as follows: "907.2 Where required — new buildings, structures, one- and two-family dwellings and townhouses. An approved fire alarm system installed in accordance with the provisions of this code, NFPA 72 and Vail Fire and Emergency Services installation standards shall be provided in new buildings, structures, one- and two-family dwellings and townhouses in accordance with Sections 907.2.1 through 907.2.23 and provide occupant notification in accordance with Section 907.5, unless other requirements are provided by another section of this code. Not fewer than one manual fire alarm box shall be provided in an approved location to initiate a fire alarm signal for fire alarm systems employing automatic fire detectors or waterflow detection devices. Where other sections of this code allow elimination of fire alarm boxes due to sprinklers, a single fire alarm box shall be installed. Exceptions: 1. The manual fire alarm box is not required for fire alarm systems dedicated to elevator recall control and supervisory service. 2. The manual fire alarm box is not required for Group R-2 occupancies unless required by the Fire Code Official to provide a means for fire watch personnel to initiate an alarm during a sprinkler system impairment event. Where provided, the manual fire alarm box shall not be located in an area that is open to the public. 3. The manual fire alarm box is not required for fire alarm systems dedicated to one- and two-family dwellings and townhouses." Section 907.2.10.2 Groups R-2, R-3, R-4 and 1-2: Section 907.2.10.2 is amended to read as follows: 16 November 6, 2018 - Page 149 0 "907.2.10.2 Groups R-2, R-3, R-4, 1-2, and all residential properties that are available for rent or lease. Single or multiple -station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4, 1-2, and all residential properties that are available for rent or lease, regardless of occupant Toad, at all of the following locations: 1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. 2. In each room used for sleeping purposes. 3. In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level." Section 907.4.1 Protection of fire alarm control unit: The following Exception is added to Section 907.4.1: "2. In residential installations where the control panel is located in a closet or room with no mechanical equipment." Section 907.6.3 Initiating device identification: Exceptions 1, 2 and 4 are deleted from the section and a new Exception is added as follows: "2. Fire alarm systems in one- and two family dwellings and townhouses." Section 907.6.6 Monitoring: All Exceptions are deleted from this section. Section 915.1.1 Where required: Section 915.1.1 is amended to read as follows: "915.1.1 Where required. Carbon monoxide detection shall be provided in Group 1-1, 1-2, 1-4, R, one- and two family dwellings and townhouse occupancies, and in classrooms in E occupancies in the locations specified in Section 915.2 where any of the conditions in Sections 915.1.2 through 915.1.6 exist." Section 1103.8 Single- and multiple -station smoke alarms: Section 1103.8 is amended to read as follows: "1103.8 Single- and multiple -station smoke alarms. Single- and multiple - station smoke alarms shall be installed in existing 1-1, R, one- and two-family dwellings and townhouse occupancies in accordance with Sections 1103.8.1 through 1103.8.3." Section 1103.8.1 Where required: Exception 2 in this section is deleted. Appendix B — Fire -flow Requirements For Buildings: The following statement is added to Appendix B: "The maximum flow reduction for sprinklered buildings shall not be greater than 50%." 17 November 6, 2018 - Page 150 0 Appendix D - Fire Apparatus Access Roads: The following statement is added to Appendix D: "This appendix is for reference only but may be used to assist in performance based design. Refer to Title 14, Development Standards, Town of Vail Municipal Code." 10-1-5: AMENDMENTS TO THE INTERNATIONAL ENERGY CONSERVATION CODE The following amendments are hereby made to The International Energy Conservation Code, 2018 Edition: Section C101.1 Title: Section C101.1 is amended to read as follows: "C101.1 Title. These regulations shall be known as the Commercial Energy Code of the Town of Vail, hereinafter referred to as 'this code-. Table C402.1.3 Opaque Thermal Envelope Insulation Component Minimum Requirements, R -Value Method: Table C402.1.3 is amended by adding the following note: "Note j.: Wood framed and other may use R-21 within wall cavities in lieu of continuous insulation." Section C403.3.2.3 Efficiency rating (mandatory): Section C403.3.2.3 is added to read as follows: "C403.3.2.3 Efficiency rating (mandatory). All heating equipment shall have a minimum efficiency rating of 92% AFUE. Exception: This requirement does not apply to the addition, alteration or repair of an existing building." Section R101.1 Title: Section R101.1 is amended to read as follows: "R101.1 Title. These regulations shall be known as the Residential Energy Code of the Town of Vail, hereinafter referred to as 'this code-. Table R402.1.2 Insulation and Fenestration Requirements by Component: Table R402.1.2 is amended by the addition of the following note: "Note j.: Wood frame R -value may use R-21 within wall cavities in lieu of continuous insulation." Section R403.7.1 Efficiency rating (mandatory): Section R403.7.1 is added to read as follows: "R403.7.1 Efficiency rating (mandatory). All heating equipment shall have a minimum efficiency rating of 92% AFUE. 18 November 6, 2018 - Page 151 0 Exception: This requirement does not apply to the addition, alteration or repair of an existing building." Section R403.13 Fire pits: Section R403.13 is added to read as follows: "R403.13 Fire pits. Fire pits and outdoor fireplaces serving residential units require automatic shut-off controls with a maximum 60 -minute timer." 10-1-6: AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE The Town of Vail hereby adopts, by reference, all amendments to the International Plumbing Code, 2018 Edition, as adopted by the State of Colorado and referred to as the "Colorado Plumbing Code", as well as the following amendment: Section 903.1 Roof extension: Section 903.1 is amended to read as follows: "903.1 Roof extensions. Open vent pipes that extend through a roof shall be a minimum of 3 inches (76 mm) in diameter and shall be terminated not less than 16 inches (406 mm) above the roof. Note: Where a roof is to be used for any purpose other than weather protection, open vent pipes shall terminate not less than 7 feet (2134 mm) above the roof." 10-1-7: AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE The Town of Vail hereby adopts, by reference, all amendments to the International Fuel Gas Code, 2018 Edition, as adopted by the State of Colorado and referred to as the "Colorado Fuel Gas Code". 10-1-8: AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE The following amendments are hereby made to The International Mechanical Code, 2018 Edition: Section 101.1 Title: Section 101.1 is amended to read as follows: "101.1 Title. These regulations shall be known as the Mechanical Code of the Town of Vail, hereinafter referred to as 'this code-. Section 101.2 Scope: Section 101.2 is amended by the deletion of the Exception. Section 103 Department of Mechanical Inspection: Section 103 is deleted and replaced with Section 103 of the International Building Code, as adopted. Section 104 Duties and Powers of the Code Official and Section 105 Approval: Sections 104 and 105 are deleted and replaced with Section 104 of the International Building Code, as adopted. 19 November 6, 2018 - Page 152 0 Section 106.5.2 Fee schedule: Section 106.5.2 is deleted and replaced with Section 109.2 of the International Building Code, as amended and adopted. Section 701.3 Combustion air ducts: Section 701.3 is added, to read as follows: "701.3 Combustion air ducts. Combustion air ducts shall terminate to the outside a minimum of 36 inches above finished grade." Section 804.3.4 Horizontal terminations: Section 804.3.4 is amended to read as follows: "6. The bottom of the vent termination shall be located not less than 36 inches above finished grade." 10-1-9: AMENDMENTS TO THE INTERNATIONAL EXISTING BUILDING CODE Section 101.1 Title: Section 101.1 is amended to read as follows: "101.1 Title. These regulations shall be known as the Existing Building Code of the Town of Vail, hereinafter referred to as 'this code-. Section 101.4.2 Buildings previously occupied: Section 101.4.2 is amended to read as follows: "101.4.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Fire Code, or as deemed necessary by the code official for the general safety and welfare of the occupants and the public." 10-1-10: AMENDMENTS TO THE NATIONAL ELECTRICAL CODE, NFPA 70 The Town of Vail hereby adopts, by reference, all amendments to the National Electrical Code, NFPA 70, 2017 Edition, as adopted by the State of Colorado and referred to as the "Colorado Electrical Code". 10-1-11: AMENDMENTS TO THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS The following amendment is hereby made to the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition: Section 301 General: Section 301 is amended to reads as follows: "Section 301 General. For the purpose of this code, certain terms, phrases, words, and their derivatives shall be construed as specified in this section or as specified in the Building Code. 20 November 6, 2018 - Page 153 0 BUILDING CODE is the International Building Code, as adopted and amended by the Town of Vail. DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code." 10-1-12: COPIES OF CODES AVAILABLE Copies of all codes adopted by this Chapter and all amendments thereto shall be available for inspection at the Office of the Town Clerk during regular business hours and are available to be viewed online at www.iccsafe.org and www.vailgov.com. 10-1-13: PENALTIES A. A person, company, corporation or other entity who violates any provision of the Codes adopted by this Chapter; or fails to comply with any order made thereunder; or who builds in violation of any detailed statements, specifications or plans submitted and approved thereunder; or any certificate or permit issued thereunder; shall be subject to the penalties provided in Title 1, Chapter 4, Section 1 of this Code. Each day the violation continues shall constitute a separate offense. B. The Town of Vail may maintain an action for damages, declatory relief, specific performance, injunction, or any other appropriate relief for a violation of any provision of this Chapter. SECTION 2. The Codes adopted and amended by this Ordinance shall be effective for all Building Permit Applications received by the Town of Vail's Community Development Department on or after January 1, 2019. SECTION 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 4: The amendment of any provision of the Vail Town Code in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. SECTION 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall 21 November 6, 2018 - Page 154 0 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 _ day of , 2018 and a public hearing and second reading of this Ordinance set for the _ day of , 2018 in the Council Chambers of the Vail Municipal Building, Vail, Colorado. David Chapin, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON THE SECOND READING AND ORDERED PUBLISHED IN FULL this _ day of , 2018. David Chapin, Mayor ATTEST: Patty McKenny, Town Clerk 22 November 6, 2018 - Page 155 0 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 18, Series of 2018, Second Reading, Ordinance amending and repealing portions of Ordinance No. 5, Series of 2016, to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off-site, located at 1150 and 1170 Westhaven Lane/Lot 39-1 and 39-2, Glen Lyon Subdivision, Development Area C, SDD No. 4 (Cascade Village); 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. 18, Series of 2018, upon second reading. BACKGROUND: The applicant, Ignacio Torras, represented by Mauriello Planning Group, is requesting a first reading of Ordinance No. 18, Series of 2018, an ordinance amending and repealing portions of Ordinance No. 5, Series of 2016 to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off-site, located at 1150 and 1170 Westhaven Lane/Lot 39-1 and Lot 39-2, Glen Lyon Subdivision, Development Area C, SDD No. 4 (Cascade Village) STAFF RECOMMENDATION: On October 16, 2018 the Vail Town Council unanimously approved Ordinance No. 18, Series of 2018, on first reading. ATTACHMENTS: Description Staff Memorandum A. Ordinance No. 18, Series of 2018 B. Staff Memorandum, PEC18-0034, September 24, 2018 C. PEC Minutes, September 24, 2018 D. Applicant Narrative, September 18, 2018 (Part 1) D. Applicant Narrative, September 18, 2018 (Part 2) D. Applicant Narrative, September 18, 2018 (Part 3) E. Plan Set, September 2018 November 6, 2018 - Page 156 0 TOWN ofvain Memorandum TO: Vail Town Council FROM: Community Development Department DATE: November 6, 2018 SUBJECT: Second reading of Ordinance No. 18, Series of 2018, an ordinance amending and repealing portions of Ordinance No. 5, Series of 2016 to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off-site, located at 1150 and 1170 Westhaven Lane/Lot 39-1 and Lot 39-2, Glen Lyon Subdivision, Development Area C, SDD No. 4 (Cascade Village) and setting forth details in regard thereto. (PEC18-0032) Applicant: Ignacio Torras, represented by Mauriello Planning Group Planner: Jonathan Spence I. SUMMARY The applicant, Ignacio Torras, represented by Mauriello Planning Group, is requesting a second reading of Ordinance No. 18, Series of 2018, an ordinance amending and repealing portions of Ordinance No. 5, Series of 2016 to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off-site, located at 1150 and 1170 Westhaven Lane/Lot 39-1 and Lot 39-2, Glen Lyon Subdivision, Development Area C, SDD No. 4 (Cascade Village) and setting forth details in regard thereto. On September 24, 2018, the Planning and Environmental Commission (PEC) forwarded a unanimous recommendation, for approval, with a condition, of a major amendment to Special Development District No. 4, Glen Lyon Subdivision, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code. Please find the staff memorandum to the PEC included as Attachment B and the minutes from the September 24th meeting included as Attachment C. On October 16, 2018 the Vail Town Council unanimously approved Ordinance No. 18, Series of 2018, on first reading. November 6, 2018 - Page 157 0 II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 18, Series of 2018, upon second reading. III. BACKGROUND Cascade Village, which includes the subject properties, was approved under Eagle County jurisdiction prior to annexation by the Town of Vail in 1975 and was zoned SDD #4 in 1976. Unlike other Special Development Districts within the Town of Vail, the project does not have an underlying zone district. Originally, Lots 39-1 and 39-2 were on large residential lot permitted for a duplex. In 1982, via a major amendment to the SDD, the property was split into two (2) single family lots. This amendment also included a dedication of land to the adjacent town -owned Streamtract. In 1997, also via a major amendment to the SDD, the property became subject to the development standards of the Two-family Primary/Secondary Residential (PS) District, similar to other low density residential lots within the SDD, while maintaining the allowable density at one unit per lot. Although originally proposed as an option, the Vail Town Council required both lots to include an onsite Type II EHU with a minimum size of 500 square feet of GRFA. Although the required EHUs were Type II, additional allowances of GRFA, permitted under the Type II regulations, were specifically prohibited. Please see Ordinance No. 23, Series of 1998 (Attachment D of the PEC Staff memorandum, Attachment B to this memorandum) for additional information concerning this amendment. Ordinance No. 5, Series of 2016 most recently repealed, revised and reenacted the approved development standards for SDD No. 4, Cascade Village. Ordinance No. 18, Series of 2018 proposes to amend language concerning Lots 39-1 and 39-2 exclusively. IV. REVIEW CRITERIA Before acting on an SDD application, the PEC and Town Council shall consider the following factors with respect to the proposed SDD: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The proposed major amendment involves only the reconfiguration of an existing building envelope, minor modifications to the location of retaining walls and the creation of a recreational amenity envelope solely for at grade and below grade improvements. Future development on the site must adhere to all appropriate development standards including GRFA, site coverage and building height, which are unaffected by this proposal. As a result, the proposed amendment will have no effect on design compatibility and sensitivity to the environment and neighboring and adjacent properties. Town of Vail Page2 November 6, 2018 - Page 158 0 Staff finds the proposal complies with this criterion. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposed major amendment will have a minimal effect on the permitted uses, activities or site density. The proposed recreational building envelope will have a minimal impact as it is restricted to at grade and below grade development. The ability to locate the required EHU(s) off-site may result in a decrease in density on the subject properties. Staff finds the proposal complies with this criterion. 3. Parking and Loading: Compliance with parking and loading requirements as outlined in Title 12, Chapter 10, Off Street Parking and Loading, Vail Town Code. The proposed major amendment may result in a reduction of the required parking for the property upon development. All future development or redevelopment will be required to provide parking in accordance with the code. Staff finds the proposal complies with this criterion. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. The proposed major amendment conforms to the following elements of the Vail comprehensive plan, town policies, and urban design plans: Vail Land Use Plan Chapter 11— Land Use Plan Goals / Policies (in part) 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. Staff finds the proposal complies with this criterion Town of Vail Page3 November 6, 2018 - Page 159 0 5. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. The subject property is not located within any natural or geologic hazard. Staff finds the proposal complies with this criterion. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Future development on the site will be required to meet all applicable development standards and require a review by the Design review Board. Staff finds the proposal complies with this criterion 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. The proposed major amendment will have no effect on on-site or off-site traffic circulation. The payment of a traffic impact fee will be required prior to building permit issuance. Staff finds the proposal complies with this criterion. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The proposed major amendment does not include any changes to the landscaping or open space on the site. Landscaping will be reviewed as part of any future development application before the Design Review Board. Staff finds the proposal complies with this criterion. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The proposed major amendment does not include any phasing or subdivision plan. Staff finds this criterion non -applicable. V. RECOMMENDED MOTION Should the Vail Town Council choose to approve Ordinance No., Series of 2018, upon second reading, the Community Development Department recommends the Council pass Town of Vail Page 4 November 6, 2018 - Page 160 0 the following motion: "The Vail Town Council approves, on second reading, Ordinance No. 18, Series of 2018, an ordinance amending and repealing portions of Ordinance No. 5, Series of 2016 to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off-site, located at 1150 and 1170 Westhaven Lane/Lot 39-1 and Lot 39-2, Glen Lyon Subdivision, Development Area C, SDD No. 4 (Cascade Village) and setting forth details in regard thereto." Should the Vail Town Council choose to approve Ordinance No. 18 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 September 24, 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. 18, Series of 2018 B. Staff Memorandum, PEC18-0034, September 24, 2018 C. PEC Minutes, September 24, 2018 D. Applicant Narrative, September 18, 2018 E. Plan Set, September 2018 Town of Vail Page 5 November 6, 2018 - Page 161 0 ORDINANCE NO. 18 SERIES OF 2018 AN ORDINANCE AMENDING AND REPEALING PORTIONS OF ORDINANCE NO. 5, SERIES OF 2016 TO ALLOW FOR AN AMENDMENT TO THE BUILDING ENVELOPE, LANGUAGE REGULATING THE BUILDING ENVELOPE, AND THE ABILITY TO PROVIDE EMPLOYEE HOUSING OFF-SITE, LOCATED AT 1150 AND 1170 WESTHAVEN LANE/LOT 39-1 AND LOT 39-2, GLEN LYON SUBDIVISION, DEVELOPMENT AREA C, SDD NO. 4 (CASCADE VILLAGE); AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-10 of the Vail Town Code (the "Code") permits major amendments to previously approved development plans for Special Development Districts; WHEREAS, Ordinance No. 5, Series of 2008, repealed and re-enacted Ordinance No. 10, Series of 2008, to amend and re-establish the approved development plan for Area A, Cascade Village, SDD No. 4, to allow for certain additions to the "Vail Cascade Hotel Site", located at 1300 Westhaven Drive, Cascade Village; WHEREAS, the purpose of this ordinance is to amend Ordinance No. 5, Series of 2016, to revise the development standards for Lots 39-1 and 39-2, Glen Lyon Subdivision, Area C, Cascade Village, SDD No. 4; WHEREAS, any and all site specific development plans and development standards approved and/or established for planning areas and sites within SDD No. 4, not specifically affected by this ordinance, shall remain valid and in full effect; WHEREAS, in accordance with the provisions outlined in the Code, the Planning and Environmental Commission (the "PEC") held a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council (the "Council"); WHEREAS, all notices as required by the Code have been sent to the appropriate parties; November 6, 2018 - Page 162 o WHEREAS, on September 24, 2018, the PEC held a public hearing and reviewed and forwarded a recommendation of approval, with a condition, for the proposed major amendment to Special Development District No. 4, Cascade Village, to the Council in accordance with the procedures and criteria and findings outlined in Title 12, Zoning Regulations, of the Code; WHEREAS, the Council finds that the major 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, based upon the review outlined in Section VIII of the Staffs September 24, 2018, memorandum to the PEC, and as outlined in the Staff's October 16, 2018, memorandum to the Council, and the evidence and testimony presented; WHEREAS, the Council finds that the amendment does further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section VIII of the Staff's September 24, 2018, memorandum to the PEC, and as outlined in Section IV of the Staff's October 16, 2018 memorandum to the Council, and the evidence and testimony presented; and WHEREAS, the Council finds that the major 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, based upon the review outlined in Section VIII of the Staffs September 24, 2018, memorandum to the PEC, and as outlined in Section IV of the Staff's October 16, 2018 memorandum to the Council and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (Note: Language proposed to be removed from Ordinance No. 5, Series of 2016 is shown in strikethrough; language proposed to be added is shown in bold.) November 6, 2018 - Page 163 0 Section 1. Special Development District No. 4, Cascade Village is hereby amended as follows: Area C, Glen Lyon Primary/Secondary and Single Family Lots 1. Building Envelopes for Lots 39 1 and 39-2 per sheet, L-1, prepared by Design Workshop, Inc., dated 11-9-98. Building Envelope for Lot 39-1 per sheet Al, prepared by KH Webb Archtects, PC dated September, 2018 and included herein as Attachment A. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots Required setbacks shall be based on the Two -Family Primary/Secondary Residential District, Section 12-6D-6, Setbacks, Vail Town Code. For single- family Lots 39-1 and 39-2, development shall occur per the approved building envelopes and is subject to the following: All future development will be restricted to the area within the building envelopes. The only development permitted outsidc the building envelopes, shall be construction. At gradc patios (those within 5' of cxisting or finished gradc) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one half (1/2) the distance between the building envelope and the property line, or may project not morc than five fcct (5') nor morc than one fourth (1/4) the minimum required dimension between buildings. The building shall be restricted to the area within the building envelope. Access roads, driveways, site grading, and retaining walls are permitted outside the building envelope. Architectural projections, including roof overhangs, awnings, flues and chimneys shall be permitted to project four feet (4 ft.) beyond the building envelope. Decks, balconies, steps, pedestrian paths and sidewalks, pools, spas and hot tubs within five feet or less of ground level shall be permitted up to seven and one half feet (7.5 ft.) of property boundaries. Balconies, decks, terraces, pools, hot tubs, and similar unroofed features at a height of more than five feet (5 ft.) above ground level shall be permitted up to November 6, 2018 - Page 164 o ten feet (10 ft.) of property boundaries. Lot 39-1 also contains a recreational use envelope which restricts the location of recreational improvements, including recreation courts, specifically a padel court and its required unroofed enclosure. Buildings are not permitted within the recreational use envelope. Employee Housing In Area C, Lots 39-1 and 39-2 shall each be required to provide a Type 11, an Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations as follows: 1. The unit(s) may be provided on site, in which case they shall be Type 11 EHU(s) of at least 500 sq. ft. each, on each lot. These lots shall not be entitled to the 500 sq. ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be entitled to 300 sq. ft. of garage area credit for the employee housing unit, in addition to the 600 sq. ft. garage area credit allowed per residence. • - _ _ . _ - _ _ _ _ _ - • _ • _ _ driveway width is required) for all allowcd/rcquircd dwelling units and employee housing units on thesc lots. 2. The unit(s) may be provided off-site: A. For Lot 39-1 the off-site unit(s) may be any type of Employee Housing Unit (EHU) of at least 1,000 sq. ft. or comprised of multiple units with floor areas totaling at least 1,000 sq. ft. Prior to the issuance of a certificate of occupancy for Lot 39-1, the Applicant shall execute and a record deed restriction(s), in a form approved by the Town Attorney, for the EHU. B. Transfer of the existing EHU on Lot 39-2 off-site shall not require an additional amendment to this SDD or its development plan but shall be done by mutual agreement of the property owner and the Town of Vail. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not 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 3. The Town Council hereby finds, determines and declares that this ordinance is November 6, 2018 - Page 165 o necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. 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 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of October, 2018, and a public hearing for second reading of this Ordinance set for the 6th day of November, 2018, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 6th day of November, 2018. Dave Chapin, Mayor November 6, 2018 - Page 166 o ATTEST: Patty McKenny, Town Clerk November 6, 2018 - Page 167 0 TOWN OF VAIL' Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 24, 2018 SUBJECT: A request for a final recommendation to the Vail Town Council on a major amendment to Special Development District No. 4, Glen Lyon Subdivision, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off-site, located at 1150 and 1170 Westhaven Lane/Lot 39-1 and Lot 39-2, Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC18-0032) Applicant: Ignacio Torras, represented by Mauriello Planning Group Planner: Jonathan Spence I. SUMMARY The applicant, Ignacio Torras, represented by Mauriello Planning Group, is requesting a recommendation to the Vail Town Council for a major amendment to Special Development District No. 4 (Cascade Village), Glen Lyon Subdivision, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off-site, located at 1150 and 1170 Westhaven Lane/Lot 39-1 and Lot 39-2, Glen Lyon Subdivision. 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, with a condition, of the major amendment to SDD No. 4, Glen Lyon Subdivision, subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Ignacio Torras, represented by Mauriello Planning Group, is requesting a major amendment to SDD No. 4, Glen Lyon Subdivision, to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to November 6, 2018 - Page 168 0 provide employee housing off-site, located at 1170 Westhaven Lane. Specifically, the applicant is requesting the following: Development Standards/Building Envelope(s) The applicant is proposing to amend both the location of the building envelope and its regulations while maintaining its size. As illustrated on the proposed building envelope exhibit (page 4 of the applicant's narrative, Attachment B), the applicant proposes to shift the envelope slightly to the south and west while maintaining the existing approved size of 10,160 square feet. The applicant proposes to amend the language concerning the building envelope to allow roof overhangs and retaining walls to be permitted outside of the envelope, consistent with current Town of Vail regulations concerning setbacks. Existing development standards for the property already allow the construction of at -grade patios to occur outside of the envelope. In addition to the building envelope modifications, the applicant is proposing a second recreational use envelope on the property where certain at and below grade improvements would be permitted. This envelope is envisioned to house a below -grade padel court, a racquet sport somewhat similar to squash with courts 1/3rd the size of a tennis court played with stringless racquets (https://en.wikipedia.org/wiki/Padel (sport). Employee Housing The existing approved regulations for the subject properties, contained in Ordinance #23, Series of 1998, require the construction of a Type II Employee Housing Unit (EHU) onsite for both lots 39-1 and 39-2. The minimum required size of the units is 500 square feet of GRFA. The applicant is requesting the option to participate in the Employee Housing Deed Restriction Exchange Program (Sec. 21-13-5, Vail Town Code). The proposal is mitigate the EHU relocation at a rate of 2:1, regardless of the location of the offsite EHU. The Vail Town Code requires a mitigation rate of 2:1 when both the receiving and sending location of the EHU is outside of the Commercial Job Core, as defined. As Lots 39-1 and 39-2 are located outside of the Commercial Job Core, this proposal is consistent with the code. The applicant is requesting a deviation from the code with respect to Sec. 12-13-5 D4. This section expressly prohibits any GRFA in excess of the required GRFA to be used for future credit or to meet the requirements of the Town's Inclusionary Zoning or Commercial Linkage programs. The applicant, as part of the exchange program, will be presenting before the Vail Local Housing Authority (VLHA) on September 25, 2018. Staff is not supportive of the requested deviation as the Town does not currently have the resources necessary to administer an EHU mitigation banking system. In addition to the previously referenced narrative (Attachment B), a vicinity map (Attachment A), plan set (Attachment C), and Ord. No. 23, Series of 1998 (Attachment D) are attached for review. Town of Vail Page 2 November 6, 2018 - Page 169 0 III. BACKGROUND Cascade Village, which includes the subject properties, was approved under Eagle County jurisdiction prior to annexation by the Town of Vail in 1975 and was zoned SDD #4 in 1976. Unlike other Special Development Districts within the Town of Vail, the project does not have an underlying zone district. Originally, Lots 39-1 and 39-2 were on large residential lot permitted for a duplex. In 1982, via a major amendment to the SDD, the property was split into two (2) single family lots. This amendment also included a dedication of land to the adjacent town -owned Streamtract. In 1997, also via a major amendment to the SDD, the property became subject to the development standards of the Two-family Primary/Secondary Residential (PS) District, similar to other low density residential lots within the SDD, while maintaining the allowable density at one unit per lot. Although originally proposed as an option, the Vail Town Council required both lots to include an onsite Type II EHU with a minimum size of 500 square feet of GRFA. Although the required EHUs were Type II, additional allowances of GRFA, permitted under the Type II regulations, were specifically prohibited. Please Ordinance No. 23, Series of 1998 (Attachment D) for additional information concerning this amendment. IV. APPLICABLE PLANNING DOCUMENTS Staff finds that the following provisions of the Vail Town Code are relevant to the review of this proposal: Title 12, Zoning Regulations, Vail Town Code Chapter 2, Section 2: Definitions of Words and Terms (in part) SPECIAL DEVELOPMENT DISTRICT, MAJOR AMENDMENT: Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this section), except as provided under section 12-15-4, "Interior Conversions", or 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance)", of this title. Chapter 9, Article A. Special Development (SDD) District (in part) 12 -9A -1-A: PURPOSE: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve Town of Vail Page 3 November 6, 2018 - Page 170 0 the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. 12-9A-4: DEVELOPMENT REVIEW PROCEDURES: A. Approval Of Plan Required: Prior to site preparation, building construction, or other improvements to land within a special development district, there shall be an approved development plan for said district. The approved development plan shall establish requirements regulating development, uses and activity within a special development district. 8. Preapplication Conference: Prior to submittal of a formal application for a special development district, the applicant shall hold a preapplication conference with the department of community development. The purpose of this meeting shall be to discuss the goals of the proposed special development district, the relationship of the proposal to applicable elements of the town's comprehensive plan, and the review procedure that will be followed for the application. C. PEC Conducts Initial Review: The initial review of a proposed special development district shall be held by the planning and environmental commission at a regularly scheduled meeting. Prior to this meeting, and at the discretion of the administrator, a work session may be held with the applicant, staff and the planning and environmental commission to discuss special development district. A report of the department of community development staff's findings and recommendations shall be made at the initial formal hearing before the planning and environmental commission. Within twenty (20) days of the closing of a public hearing on a proposed amendment, the planning and environmental commission shall act on the petition or proposal. The commission may recommend approval of the petition or proposal as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this title, or may recommend denial of the petition or rejection of the proposal. The commission shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the town council. D. Town Council Review: A report of the planning and environmental commission stating its findings and recommendations, and the staff report shall then be transmitted to the town council. Upon receipt of the report and recommendation of the planning and environmental commission, the town council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on a proposed SDD, the town council shall act on the petition or proposal. The town council shall Town of Vail Page 4 November 6, 2018 - Page 171 0 consider but shall not be bound by the recommendation of the planning and environmental commission. The town council may cause an ordinance to be introduced to create or amend a special development district, either in accordance with the recommendation of the planning and environmental commission or in modified form, or the council may deny the petition. If the council elects to proceed with an ordinance adopting an SDD, the ordinance shall be considered as prescribed by the Vail town charter. 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS: A. Criteria: The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. 3. Parking And Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. 5. Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Town of Vail Page 5 November 6, 2018 - Page 172 0 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. B. Necessary Findings: Before recommending and/or granting an approval of an application for a special development district, the planning and environmental commission and the town council shall make the following findings with respect to the proposed SDD: 1. That the SDD complies with the standards listed in subsection A of this section, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved. 2. That the SDD is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the SDD promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 12-9A-9: DEVELOPMENT STANDARDS: Development standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking shall be determined by the town council as part of the approved development plan with consideration of the recommendations of the planning and environmental commission. Before the town council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in section 12-9A-8 of this article. 12-9A-10: AMENDMENT PROCEDURES: 8. Major Amendments: Town of Vail Page 6 November 6, 2018 - Page 173 0 1. Requests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in section 12-9A-4 of this article. 2. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the special development district, and owners of all property within the special development district that may be affected by the proposed amendment (as determined by the department of community development). Notification procedures shall be as outlined in subsection 12-3-6C of this title. Vail Land Use Plan Chapter 11— Land Use Plan Goals / Policies (in part) 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. V. ZONING AND SDD NO. 4, GLEN LYONS SUBDIVISION ANALYSIS Address: Legal Description: Existing Zoning: Existing Land Use Designation: Mapped Geological Hazards: View Corridor: 1150 and 1170 Westhaven Lane Glen Lyon Subdivision, Lots 39-1 and 39-2 SDD #4 Cascade Village (no underlying zone district) Open Space Streep Slope > 40% None VI. SURROUNDING LAND USES AND ZONING North: South: Town of Vail Existing Land Use: TOV Streamtract Vail Resorts Zoning District: Not designated Eagle County Page 7 November 6, 2018 - Page 174 0 East: TOV Open Space Agriculture and Open Space (A) District West: TOV Streamtract Not designated VII. SDD REVIEW CRITERIA Before acting on an SDD application, the PEC and Town Council shall consider the following factors with respect to the proposed SDD: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The proposed major amendment involves only the reconfiguration of an existing building envelope, minor modifications to the location of retaining walls and the creation of a recreational amenity envelope solely for at grade and below grade improvements. Future development on the site must adhere to all appropriate development standards including GRFA, site coverage and building height, which are unaffected by this proposal. As a result, the proposed amendment will have no effect on design compatibility and sensitivity to the environment and neighboring and adjacent properties. Staff finds the proposal complies with this criterion. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposed major amendment will have a minimal effect on the permitted uses, activities or site density. The proposed recreational building envelope will have a minimal impact as it is restricted to at grade and below grade development. The ability to participate in the Employee Housing Unit Deed Restriction Exchange Program may result in a decrease in density on the subject properties. Staff finds the proposal complies with this criterion. 3. Parking and Loading: Compliance with parking and loading requirements as outlined in Title 12, Chapter 10, Off Street Parking and Loading, Vail Town Code. The proposed major amendment may result in a reduction of the required parking for the property upon development. All future development or redevelopment will be required to provide parking in accordance with the code. Staff finds the proposal complies with this criterion. Town of Vail Page 8 November 6, 2018 - Page 175 0 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. The proposed major amendment conforms to the following elements of the Vail comprehensive plan, town policies, and urban design plans: Vail Land Use Plan Chapter 11— Land Use Plan Goals / Policies (in part) 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. Staff finds the proposal complies with this criterion. 5. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. The subject property is not located within any natural or geologic hazard. Staff finds the proposal complies with this criterion. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Future development on the site will be required to meet all applicable development standards and require a review by the Design review Board. Staff finds the proposal complies with this criterion 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. Town of Vail Page 9 November 6, 2018 - Page 176 0 The proposed major amendment will have no effect on on-site or off-site traffic circulation. The payment of a traffic impact fee will be required prior to building permit issuance. Staff finds the proposal complies with this criterion. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The proposed major amendment does not include any changes to the landscaping or open space on the site. Landscaping will be reviewed as part of any future development application before the Design Review Board. Staff finds the proposal complies with this criterion. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The proposed major amendment does not include any phasing or subdivision plan. Staff finds this criterion non -applicable. VIII. ENVIRONMENTAL IMPACTS The proposed amendment to the SDD is not anticipated to have any environmental impacts other than those generally associated with single family home construction. In addition to meeting all required dimensional and development standards, development on the property will have to adhere to all applicable regulations concerning limits of disturbance, material storage and erosion control. IX. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the PEC forwards a recommendation of approval, with a condition, to the Town Council on a major amendment to Special Development District No. 4, Cascade Village, Glen Lyon Subdivision, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off-site, located at 1150 and 1170 Westhaven Lane/Lot 39-1 and Lot 39-2, Glen Lyon Subdivision, and setting forth details in regard thereto. Town of Vail Page 10 November 6, 2018 - Page 177 0 Should the PEC choose to forward a recommendation of approval, with a condition, for this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Town Council for a major amendment to Special Development District No. 4, Cascade Village, Glen Lyon Subdivision, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off-site, located at 1150 and 1170 Westhaven Lane/Lot 39-1 and Lot 39-2, Glen Lyon Subdivision, and setting forth details in regard thereto." Should the PEC choose to forward a recommendation of approval, with a condition, for this request, the Community Development Department recommends the following conditions: 1. This recommendation of approval does not include the applicant's proposed deviation from Sec. 12-13-5 D4 concerning the ability to bank excess EHU GRFA. Should the PEC choose to forward a recommendation of approval, with a condition, for this request, the Community Development Department recommends the PEC 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 September 24, 2018, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the SDD complies with the standards listed in Section 12 -9A -8-A, Vail Town Code, or the applicant has demonstrated that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved; 2. That the SDD is consistent with the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the SDD promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its Town of Vail Page 11 November 6, 2018 - Page 178 0 established character as a resort and residential community of the highest quality." X. ATTACHMENTS A. Vicinity Map B. Project Narrative, September 18, 2018 C. Plan Set, September 2018 D. Ordinance No. 23, Series of 1998. Town of Vail Page 12 November 6, 2018 - Page 179 0 PLANNING AND ENVIRONMENTAL COMMISSION TOWN OF UAJi September 24, 2018, 1:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 1. Call to Order Attendance Present: Brian Gillette, Ludwig Kurz, Pam Hopkins, John Ryan Lockman, Rollie Kjesbo, Karen Perez and Brian Stockmar Absent: (Commissioner Gillette left the meeting following the site visit.) 2. Site Visits 2.1. 1295 Westhaven Drive 2.2. 1170 Westhaven Lane - 3. Main Agenda - Cascade/Talisa Parking Garage Glen Lyon Subdivision 3.1. A request for a final recommendation to the Vail Town Council on a major amendment to Special Development District No. 4, Glen Lyon Subdivision, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off-site, located at 1150 and 1170 Westhaven Lane/Lot 39-1 and 39-2, Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC18-0032) Applicant: Ignacio Torras, represented by Mauriello Planning Group Planner: Jonathan Spence Condition: This recommendation of approval does not include the applicant's proposed deviation from Section 12-13-5 D4 concerning the ability to bank excess EHU GRFA. Planner Spence provided an overview of the application, including the changes to the building envelope, and modifications to the required Employee Housing Unit (EHU) to allow for off-site EHU. Applicant has started the EHU Exchange Program process, and will be discussing this request with the Vail Local Housing Authority (VLHA). Applicant would like to do EHU banking, in case there is excess floor area in the new EHU unit. Staff does not have the resources to keep track of banking of EHU credits. Stockmar — Can the application still move forward without banking of the EHU credit? Spence — Yes. Spence further described how building envelopes are generally used to protect topographical feature or vegetation. 45 min. November 6, 2018 - Page 180 0 Kjesbo —Asked if any variances will be requested. Spence indicated no. Dominic Mauriello — We are requesting a building envelope amendment, and a revision to the required on site employee housing. When this lot was first approved, the GRFA was adjusted, and each lot was required to provide an on site EHU. At the time, there was no Employee Housing Exchange Program. We propose to provide double the amount of square footage in Employee Housing, 500 square feet is required, and 1,000 square feet would be provided. The adjacent property would also have the ability to participate in an EHU exchange. Mauriello provided a review of the existing lot dimensions and building envelope. He explained the requirements of Special Development District #4, and some of the SDD amendments. He explained how this lot was originally one large duplex lot, then in 1982 split into two single-family lots, which included a dedication of stream tract to the Town of Vail. Our proposal includes a building envelope for the home, and a separate envelope for recreational use, currently proposed for paddle ball. Mauriello explained that the Town Code does not address recreational use envelopes. Buildings would not be allowed in the recreational use envelope. He explained the proposed site plan. The site plan and design of the home have been conceptually reviewed by the Design Review Board. He also showed a video about paddle ball. Mauriello explained how the EHU Exchange Program works, and the proposed changes to the SDD needed to allow this exchange to happen. Applicant believes that we meet all required code criteria for this application. Stockmar — What happens if they never build the off-site EHU? Spence — They will be required to provide evidence of the new EHU before obtaining a Certificate of Occupancy for the new home. Lockman — Will the courts be heated, and will this be used in winter? Public Comment Eleanor Bromonte — Paddle ball is typically played during the winter months. Spence — The proposal is not to review the design of the padel court, just the request to amend the building envelopes. Lockman — Is the EHU Exchange Program ready to deal with this request? Spence — The EHU Exchange program is up and running, but we do not currently allow for EHU Banking. But that part of the program does not currently have the ability to track the credits of unneeded EHU square footage. Hopkins — No comments Perez — No comments Kjesbo — Don't see any reason for the building envelope. I'm aware of how the EHU exchanges are done, and was previously told that I could not bank EHU credits. It's a benefit to get 1,000 square feet of off-site housing. November 6, 2018 - Page 181 0 Stockmar — I'm in favor of any reasonable effort to improve employee housing in town. This is a reasonable request, but I would like to see some progress on the EHU banking. Spence — EHU exchanges do not come to PEC, they are handled by staff and the VLHA. Stockmar — Proposal makes sense to me. Ludwig Kurz moved to recommend approval to Town Council with a condition.John-Ryan Lockman seconded the motionand it passed (6-0). 3.2. A request for the review of a Conditional Use Permit, pursuant to Section 12-16, Conditional Use Permits, Vail Town Code, to allow for Unit 4, Level 4, Cascade Club Condominiums to be used for temporary conferences, conventions and special events, located at 1295 Westhaven Drive Unit 4/Unplatted, and setting forth details in regard thereto. (PEC18-0033) Applicant: Vail Hotel Partners LLC Laurus Corporation, represented by Mauriello Planning Group Planner: Chris Neubecker Neubecker explained that this application had been approved administratively, but that staff was available to answer any questions. 4. Approval of Minutes September 10, 2018 PEC Results Ludwig Kurz moved to approve.John-Ryan Lockman seconded the motionand it passed (6-0). 5. Adjournment Rollie Kjesbo moved to adjourn.Ludwig Kurz seconded the motionand it passed (6-0). The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department 5 min. November 6, 2018 - Page 182 0 MAJORAMENDMENTTO SPECIAL DEVELOPMENT DISTRICT#4: CASCADE VILLAGE TO ALLOW FOR THE MODIFICATION OF THE BUILDING ENVELOPE ON LOT 39-1 AND THE ABILITYTO PROVIDE EMPLOYEE HOUSING OFF-SITE Mauriello Planning Group Applicant: Ignacio Torras Submitted to the Town of Vail: August 15, 2018 Revised September 18, 2018 November 6, 2018 - Page 183 0 I. INTRODUCTION The owner of 1170 Westhaven Lane / Lot 39-1, Glen Lyon Subdivision, Ignacio Torras, is requesting a major amendment to Special Development District (SDD) #4 Cascade Village to allow for modifications to unique requirements placed on Lot 39-1. Specifically, the there is a building envelope located on the property and a requirement for an on-site Type2 employee housing unit (EHU). Mauriello Planning Group, representingthe owner, is requesting a Major Amendment to Special Development District No. 4 to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off-site. The amended employee housing provision would allow both Lot 39-1 and 39-2 participate if the owners so choose. The ap p licant is p rop osingto mitigate the relocation of the employee housing unit off-site at rate of 2:1, meaning that they will provide double the amount of square footage required. The SDD currently requires each lot to p rovide a 500 sq. ft. unit onsite, so the mitigation rate of 2:1 would be a minimum of a 1,000 sq. ft. unit to be provided. This mitigation rate mirrors the requirements of the Employee Housing Exchange Program and results in more employee housing floor area within the Town of Vail. Cascade Village was originally approvedas a PUD under Eagle County jurisdiction. The area was annexed by the Town of Vail in 1975, and zoned Special Development District No. 4 in 1976. The Special Development District has been amended over 40 times since its adoption which is not surprising given the large amount of acreage and differing uses located in the SDD. It is unique in that there is no underlying zoning for the property, and development of the site is entirely governed by the Special Development District adopting ordinance and associated develop ment p fans. Lot 39-1 and Lot 39-2 have an interesting and unique history. Originally Lot 39-1 and Lot 39-2 were one large duplex lot, Lot 39. In 1982, Resolution No. 10 allowed an amendment to SDD #4 to allow Lot 39 to be divided into two single-family lots, along with a land dedication to the Town's stream tract. In 1997, the then -owner, requested a major amendment to SDD #4 allowing for the lots to be subject to the GRFA requirements of the Primary/Secondary zone district like all of the other residential lots within the SDD, while maintaining the density of 1 unit per lot, plus the ability to construct a Type 2 EHU. At the time, the applicant proposed additional building envelope restrictions, limiting the area of development on the lot. During the approval process, the Town Council approved the request, adding the requirement for each lot to include the construction of a Type2 EHU. Building site for Lot 39-1, looking west 1 November 6, 2018 - Page 184 0 The original 1997 building envelopes were based on a specific plan for development of the properties. The single family residence with a Type 2 EHU on Lot 39-2 was constructed in 2003. Lot 39-1 is currently vacant. At this time, the applicantis proposinga revised building envelope for Lot 39-1. In order to regulate the improvements within the building envelope more consistent with how the Town Code, the applicantis p rop osingto modify the language to allow architectural projects, retaining walls, at -grade and above grade improvements, etc., to be outside of the building envelope. Additionally, because the owner is a Padel enthusiast, a secondary recreation envelope area is being p rop osedfor a Padel court (recreational and patio imp rovementswithout a roof). The following is the current language from SDD #4 related to this application. The text indicated as strike through is proposedto be removed, while the text indicated in bold is to be added. Development Standards C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots Required setbacks shall be based on the Two -Family Primary/Secondary Residential District, Section 12-6D-6, Setbacks, Vail Town Code. For single family Lots 39-1 and 39-2, development shall occur per the approved building envelopes and recreational use envelope and is subject to the following: All future development will be restricted to the area within the building envelopes. The only development permittcd outsidc thc building cnvclopcs shall bc landscaping, driveways (access bridgc) and rctaining walls associated with driveway construction. At gradc patios (those within 5 feet of existing or finished gradc) will bc permittcd to projcct bcyond thc building cnvclopcs not morc than tcn fcct (10') nor morc than onc half (1/2) thc distance bctwccn thc building morc than onc fourth (1/4) thc minimum required dimcnsion bctwccn buildings. The building shall be restricted to the area within the building envelope. Access roads, driveways, site grading, and retaining walls are permitted outside the building envelope. Architectural projections, including roof overhangs, awnings, flues and chimneys shall be permitted to project four feet (4 ft.) beyond the building envelope. Decks, balconies, steps, pedestrian paths and sidewalks, pools, spas and hot tubs within five feet or less of ground level shall be permitted up to seven and one half feet (7.5 ft.) of property boundaries. Balconies, decks, terraces, pools, hot tubs, and similar unroofed features at a height of more than five feet (5 ft.) above ground level shall be permitted up to ten feet (10 ft.) of property boundaries. Lot 39-1 also contains a recreational use envelope which restricts the location of recreational improvements, including recreation courts, specifically a padel court and its required unroofed enclosure. Buildings are not permitted within the recreational use envelope. 2 November 6, 2018 - Page 185 0 Development Plans Area C, Glen Lyon Primary/Secondary and Single Family Lots 1. Building Envelopes for Lots 39 1 and 39-2 per sheet, L-1, prepared by Design Workshop, Inc., dated 11-9-98. 2. Building and Recreational Use Envelopes for Lot 39-1 per sheet A1, prepared by KH Webb Architects, dated September 2018. Employee Housing In Area C, Lots 39-1 and 39-2, shall each be required to provide a deed -restricted Employee Housing Unit as follows: 1. The unit may be provided on-site, in which case it shall be a Type 11, Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations of at least 500 sq. ft. each., on each lot. These lots shall not be entitled to the 500 550 sq. ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be entitled to 300 sq. ft. of garage area credit for the employee housing unit, in addition to the 600 sq. ft. garage area credit allowed per residence. The drivcway width of 12 is 2. The unit may be provided off-site, in which case it may be any type of Employee Housing Unit (EHU) of at least 1,000 sq. ft.or comprised of multiple units with floor areas totaling at least 1,000 sq. ft. Excess square footage above the 1,000 sq. ft. requirement may be used to satisfy EHU obligations or mitigation for other properties within the Town of Vail, including but not limited to the EHU Deed Restriction Exchange Program as provided in Section 12-13-5 of the Zoning Regulations and Inclusionary Zoning Requirements as outlined in Chapter 12-24 of the Zoning Regulations. No application pursuant to Section 12-13-5 is required to implement this mitigation requirement. 3 November 6, 2018 - Page 186 0 • • • PROPOSED BUILDING ENVELOPE 10,100 square re. PROPOSED RECREATIONAL -USE ENVELOPE 09.N•e feel SKI RUN TO CASCADE LIFT LOT 39-1 1.043 ACRES (PLAT) 1.036 ACRES (CALC) PROPERTY LINE LOT 39-2 w J Q Z ' O co wj UO Nw w LL w 000- z 0 - ZO Q J J Z CO w SITE PLAN 1110 SEPTEMBER 30113 uw Al ProposedBuilding Envelopeand Recreational Use EnvelopeforLot39-1 4 November 6, 2018 - Page 187 0 II. ZONING ANALYSIS Lot Size: Lot 39-1: 1.036 acres/ 45,128 sq. ft. Lot 39-2: 1.22 acres/ 53,143 sq. ft. Development 1998 Approval Proposed Standard Density Lot 39-1 Lot 39-2 GRFA Lot 39-1 Lot 39-2 EHU Requirement Lot 39-1 Lot 39-2 1 du 1 du No Change (Based on P/S Zoning) 9,357 sq. ft. 9,838 sq. ft. No Change Requirement forType2 EHU on-site Requirement forType2 EHU on-site EHU required, but both properties may p rovide off-site employee housing units ata floor area mitigation rate of 2:1 5 November 6, 2018 - Page 188 0 III. CRITERIA FOR REVIEW Section 12-9A-2: DEFINITIONS, Vail Town Code defines a Major Amendment as follows: Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this section), except as provided under section 12-15-4, "Interior Conversions", or 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance)" of this title. Section 12-9A-8: DESIGN CRITERIAAND NECESSARY FINDINGS, Vail Town Code, provides the criteria for review of a Major Amendment to a Special Development District. These criteria have been provided below, along with an analysis of how this proposal comp lies with these criteria: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Applicant Response: The proposed home has been to the Design Review Board for a conceptual review and the Board was supportive of the design direction. Bulk and mass is sensitive to the environment and neighborhood. The proposedhome is well below allowable height, with the lowest level of the home partially below -grade, and the main level generally at grade. There is no upperlevel. The home has been designed to disappear into the aspen forest behind the lot. It has a planted green roof and elements of aspen trees incorporated into the home with the design goal of creating a "house in a forest." Buffer zones are preserved, with landscaping along the access road remaining and enhanced, limiting the visibility of the site from 1-70 1111,110 Winter view and Summer view of the p rop osedhome. The design looks to incorporate natural elements and disappearinto the aspen grove behind the property. 6 November 6, 2018 - Page 189 0 and the Frontage Road. Vegetation along the ski way is also preserved and enhanced. The proposed changes to the building envelope will have little impact upon neighbors due to the remoteness of the property and buffer zones provided. The adjoining property owner, Lot 39-2, has revised the proposed changes to the SDD and has authorized the submittal of the application. The proposedchanges will not result in a structure with any significant increase in bulk and mass on the property. The proposalis in compliance with this criterion. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. ApplicantResponse All uses, activity, and density are currently allowed by the SDD for this property. There are no proposed amendments to the list of permitted, conditional, and accessory uses. Density remains the same, with one dwelling unit plus one Type2 EHU allowed per lot. As a result, the proposal is in compliance with this criterion. 3. Parking And Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. ApplicantResponse All parking requirements will be met. The p rop osedamendments have no impact on this criterion. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. App licantResponse Cascade Village does not have a specific master plan beyond the Vail Land Use Plan to provide guidance on development within the area. The following land use goals and policies from the Vail Land Use Plan are ap p licableto the project: 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. 1.3. The quality of development should be maintained and upgraded whenever possible. The Town Vail Land Use Plan offers the following goals with regard to employee housing: 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 7 November 6, 2018 - Page 190 0 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. In 2008, the Town of Vail established the Employee Housing Strategic Plan, which brought together all of the Town's goals on employee housing into a single plan. It also p rovides guidance ap p licableto this project: The single goal of the Plan is clear and concise..."acquire 1,000 additional resident housing unit deed restrictions by the year 2027." When achieved, this goal, along with the more than 698 existing deed restricted homes, ensures homes for more than 3,736 Vail residents. In this case, the applicant is proposing to mitigate employee housing at a rate of two times the size of the EHU required for this site, in effect replacing a 500 sq. ft. EHU requirement with a 1,000 sq. ft. EHU requirement which achieves the goals of the Emp loyee Housing Strategic Plan. In 2006, through the Vail 20/20 Focus on the Future process the community established a housing goal. It is as follows: "The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development." Based upon the community's work, the Vail Town Council has confirmed the Town of Vail recognizes deed restricted employee housing as basic infrastructure. This type of housing allows employees to live within the town, promoting community, and improving the quality of our local workforce, thereby supporting the local economy, and reducing regional transit needs. The Employee Housing Strategic Plan (EHSP) seeks to meet the expectations established by the community and confirmed by the Town Council and provide enough deed -restricted housing for at least 30 percent of the community's workforce to live in the Town of Vail through a variety of policies, regulations and publicly initiated development projects. As indicated in this submittal, the proposalcomplieswith and furthers the purposesand goals of the Town's employee housing requirements and master plans. The proposal conforms with the goals outlined in the Vail Land Use Plan. 5. Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Applicant Response The proposed amendment has has no effect on the above criterion. According to the Town of Vail Hazard Maps (GIS), there are no natural or geologic hazards that affect the property. 8 November 6, 2018 - Page 191 0 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. ApplicantResponse The proposalto amend the building envelope has two important objectives for the applicant: ♦ Creating a building envelope which is similar in size to the originally adopted building envelope, but clarifying that roof overhangs and retaining walls can extend beyond the envelope, which is consistent with how all other properties are treated by the Town Code. ♦ Creating a secondary recreational use envelope for improvements such as patios and recreational facilities, specifically the allowance for the padel court the applicant is proposing. When the language regulating building envelopes was developed back in 1997 for Lot 39-1 and 39-2, the p rop osedenvelop es were extensive and covered the entire buildable area of the lots. The envelopes were similar to more traditional setbacks, and limited development to areas with slopes below 40% and protected existing vegetation on the site. The originally proposed envelopes which were reviewed by the Planning and Environmental Commission in 1997 were based on this graphic: • • LTON LOT W ...O.. L-1 Building envelop esfor Lot 39-1 and Lot 39-2 as reviewed and recommended ap p rovalby the Planning and Environmental Commission in 1997. The building envelop es were sited to avoid steep slop es and existing vegetation. 9 November 6, 2018 - Page 192 0 However, when reviewed by the Town Council in 1998, the building envelopes had been further limited, and were ap p rovedbased on this graphic: ��� ofd / , yl •,._,i 0.E G, '.� �_ ftOFO_ --------------------------------- t"..;;., _ �1 �. 't",G O w_...!` OF �Vy-IS a_ KE -P ATN - -Y-V/ /� — v. 1 — ( 6` i...--e--„,-JNP != �J I~~ rr --- \ �i / ' / WI 91-2 / ///.. T - �� � �„e ` I any J� / j , /.. / i //;/w, .1 r /. �i / .\ ' 1 411.. ',‘N;(----:- — / .„ / / /; . f � ,/ es , 1 -- -i 1 / - . / • /O I ' 1 to''1/ r / /i �. , /I / Building envelop es for Lot 39-1 and Lot 39-2 as ap p rovedby the Town Council in 1998. The building envelop es were clearly located as to encompassjust the structure itself. However, the language about what could occur outside the building envelopewas not modified to allow for site imp rovementssuch as patiosand recreation facilities or roof overhangs. These building envelopes were likely the result of additional design of the homes for the properties, and were designed to encompass the proposedhomes only. The language regarding the restrictions on what could occur outside the building envelope was not modified in responseto the reduction in the building envelope size. The proposal corrects this oversight and creates two building envelopes: one specifically for the home itself, and one that allows recreation facilities that are located appropriately on the site. In 1987, when the original Lot 39 was created, significant open space was granted to the Town. Additionally the proposed location of the building envelope and recreation use envelope are appropriately located to minimize impacts to mature vegetation up hill on the property. The p roposedenvelope is sensitive to the natural areas of the property. The p roposalis consistent with this criterion. 10 November 6, 2018 - Page 193 0 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. Applicant Response: There are few effects on traffic with the proposed SDD amendment. Initially, there was some concern about the ability of these lots to each have a Type2 EHU, as the development standards require a wider access to 4 units. When requiring the Type 2 EHUs, the Town Council also specifically stated that the access road width was adequate to serve these units. As a result, allowing the EHUs to be located elsewhere actually serves to bring the road width into compliance with current code, and is a benefit to the traffic anticipatedfor the units. The relocation of the building envelope does not impact the traffic circulation system. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Applicant Response The building envelope has been located in such a way as to minimize any impacts to existing trees and to ensure that development does not occur on any areas with steep slopes. This allows for the preservation of natural features on the lot. The envelope has also been located to minimize any impacts to views from adjacent property owners, specifically those from Lot 39-1 and the applicant has continued to work with this neighbor to ensure that the envelope location is appropriate and minimizes impactsto their property. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Applicant Response There is no phasing or subdivision plan associated with this application. 11 November 6, 2018 - Page 194 0 IV. ADJACENTADDRESSES ALURA VAIL LLC 1472 MATTERHORN CIR VAIL, CO 81657-4366 TOWN OF VAIL FINANCE DEPT 75 S FRONTAGE RD W VAIL, CO 81657-5043 POINTES OF COLORADO EAGLE POINT RESORT 1500 MATTERHORN CIR VAIL, CO 81657-4354 THE EAGLE POINTE CONDOMINIUM ASSOCIATION EAST WEST RESORTS PO BOX 8280 AVON, CO 81620 VAIL HOTEL PARTNERS LLC LAURUS CORPORATION ATTN:ANDRES SZITA 1880 CENTURY PARK E STE 1016 LOS ANGELES, CA 90067-1623 VAIL CORPORATION THE FIXED ASSETS DEPARTMENT 390 INTERLOCKEN CRES STE 1000 BROOMFIELD, CO 80021-8056 SOHO DEVELOPMENT LLC FIXED ASSETS DEPT 390 INTERLOCKEN CRES STE 1000 BROOMFIELD, CO 80021-8056 SAVOY VILLAS CONDOMINIUM ASSOCIATION, INC. BOLD PROPERTY MANAGEMENT SOLUTIONS P.O. BOX 5800, AVON, CO 81620 SIMBA RUN CONDOMINIUM ASSOCIATION MCNEILL PROPERTY MANAGEMENT, INC. 2077 N FRONTAGE ROAD#D VAIL, CO 81657 EAGLE RIVER WATER & SANITATION DISTRICT 846 FOREST RD VAIL, CO 81657-5704 ROBERT J. ROSEN 2005 QPRT— ETAL 1127 LAKEAVE GREENWICH, CT 06831-2748 TORRAS, IGNACIO 13 E RIVERCREST DR HOUSTON, TX 77042-2513 BLUME FAMILY PTNSHP KRISTEN BLUME PO BOX 504 CHEYENNE, WY 82003-0504 DEWS, JULIANNA PO BOX 362 VAIL, CO 81658-0362 DAVID W. STASSEN REVOCABLE TRUST 8171 BAY COLONY DR APT 501 NAPLES, FL 34108-7563 MONTE VISTA PARTNERS LLC 2633 PEMBERTON DR HOUSTON, TX 77005-3441 DOUBLE BLACK LLC 38 STRATFORD RD HARRISON, NY 10528-1125 FLOWERS, DAVID & IZABEL 4701 S LAFAYETTE ST ENGLEWOOD, CO 80113-5953 NANCYANN HEINEN TRUST, NANCY ANN HEINEN TRUSTEE 2565 SOM CENTER RD HUNTING VALLEY, OH 44022-6651 ANNETTE G. FREY REVOCABLE LIVING TRUST 12604 E 127TH ST S BROKENARROW, OK 74011-5650 H&C STONE REVOCABLE TRUST 615 PALISADES AVE SANTA MONICA, CA 90402-2723 SHIM, JAMES - CHEN, CHARLENE L. 1226 WESTHAVEN CIR APT E VAIL, CO 81657-4359 UNITED STATES OF AMERICA W 6TH AVE & KIPLING ST LAKEWOOD, CO 80225-0546 UNITED STATES POSTAL SERVICE JOAL HORMANN, U.S. POSTAL SERVICE REAL ESTATE DIVISION, WE 330 SAN BRUNO, CA 94099 LIFTSIDE CONDOMINIUM ASSOCIATION 12 November 6, 2018 - Page 195 0 ATTN: DON MACLACHLAN VAIL RESIDENCESATHOTELTALISA 1476 WESTHAVEN DR VAIL, CO 81657 LIFTSIDE CONDOMINIUM ASSOC 1234 WESTHAVEN DR VAIL, CO 81657-4394 CASCADE VILLAGEASSOCIATION C/O VAIL RESIDENCES HOTEL TALISA ATTN: MACLACHLAN 1476 WESTHAVEN DRIVE VAIL 81657 CASCADE VILLAGE METRO DISTRICT KIM SETER SETER & VANDER WALL, P.C. 7400 EAST ORCHARD ROAD, SUITE 3300 GREENWOOD VILLAGE CO 80111 13 November 6, 2018 - Page 196 0 sr6 •9 sl) •6 46 NRnon7r,-,,.. _ --- X- - 6q9 II„ 66 •9 X \go 6> •S N 48°36'30" E 105.82' 6� 78'-3" 68' - 10 1/2" 6� -:16 90 G_ 03 S7O 18'-0" 16'-0" N "ie -�► 85' - 8 3/4" 83' - 10 1/2" 8 og O •S TS w u) J Q Z OC) N- I w 0 / i 1 I oQ w� / 0 (I) w 0 6 0 z 0- 0 Z ow J D cau SITE PLAN Project Number ,,,o Date SEPTEMBER 2018 Drawn By LJW Checked By KHW Al Scale 1" = 10'-0" November 6, 2018 - Page 197 of 199 9/18/2018 4:38:06 PM - s,. i / ( ---- rs*v+ - jr rs• r tsit) l 4.0 c17* 1 PADEL COURT 60.0 ar�rw. ,1►i�1►li'�1►\►� X111 �ril, �►��► ��i��1 c►.err+; #� Maly 1iliEI,M11m Nem 1 63\ 64 65 66 6-1 68 — =ME =IM ME MEE RE =- LIVING DECK 1=1 17 Er Er GREAT ROOM 74.0 DINING 74.0 69 10 ./ / // / / / -/ / / / I I// / / / /// ./ / / // / / /// /// / / / / / / / / / / / / / //f / / / / / /1 / / / / / / / / / / // r / / / / / / / I // / / / / / //7 / / / /// /� v / / / / / / r / / / / / . ///// / / / /// / // 7 . / / / / // / / / // / / • / / // // cep / / / / !/ / / / / / , /— / Y / / / // / / / 7 // //////// / / / / / �/ / / / / / / / / / / / / / / - . / // / // / / / / // _ / / / / / / / / / / / / / / / / / 7 / / / / / / / / / 7 /// /////////// / / / / / / / / 7 / / / / / / / / / / / / / / / / /f / / / / // / / // / / / / / I/ I / / / / / I / 7 / / //// i / // / I / / / / / / If / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / f / tf / / / / / // / 7 / / / — _ / / / / / / 7 / / / 7 / / / / / / / / / / ii / / / / / / / ////// / / / / / / / / / // - / / / / / / / / 7 / I/ / / / / / / / / 7 / / I / / / / / / — // / / / / 7 7- 73 K I TGHEN 76.5 74 79 16 77 1 1 1 1 1 1 111111 1...1 1 1 1 1.1 1 78 � STUDY 82.0 MASTER SUITE 83.5 BEDROOM 81.0 79 MASTER DECK IL•. 82 November 6, 2018 - Page 198 of 199 83 84 85 83 85 86 / / /85 86 /3-1 009, LANDSCAPE ARCHITECTURE Post Office Box 2134 Eagle, Colorado 81631 p: 970.949.3286 f: 970.328.6084 arras Residence I, Colorado 15 August 2018 Title: Landscape Plan iill Scale: 1/8" = 11_011 LJ Sheet: Li © Ceres Plus, LLC. 2018 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Adjournment 8:45 p.m. (estimated) TOWN Of UAIL November 6, 2018 - Page 199 0