Loading...
HomeMy WebLinkAbout2019-02-19 Agenda and Supporting Documentation Town Council Evening Meeting AgendaVAIL TOWN COUNCIL REGULAR MEETING Evening Agenda Town Council Chambers 6:00 PM, February 19, 2019 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. Any action as a result of executive session 3. Proclamations 3.1. Proclamation No. 3, Series of 2019, In Recognition of the Chinese New Year Celebration and Community Programming Sponsored by Vail Mountain School and Vail Public Library Presenter(s): Dave Chapin, Mayor Action Requested of Council: Read and adopt proclamation. Background: Lori Barnes, Vail Public Library Director, and Le Kang, Vail Mountain School Teacher, will present a summary of their collaboration and cultural programming in recognition of the Chinese New Year. 4. Consent Agenda 4.1. Resolution No. 11, Series of 2019 - A resolution to modify the Official Avalanche Hazard Map to show revisions to the Moderate (Blue) and Severe (Red) Hazard Avalanche Areas related to the Vail Meadows Avalanche Path in the vicinity of 5002 Snowshoe Lane, Lot 23, Vail Meadows Filing No.1. Background: The Vail Meadows Avalanche Path is located in East Vail in the general vicinity of the Eagle River Water and Sanitation District water tank. This avalanche area was originally studied by Arthur I. Mears P.E. in 1975. This 1975 mapping was used as a basis for the report on snow avalanches produced in 1977 which was ultimately adopted by the Town of Vail. The applicant, Rick Schierberg, Peregrine Group Development, represented by Pavan Krueger, is requesting a modification to the Official Avalanche Hazard Map to revise the red and blue hazard avalanche area designations in the vicinity of 5002 Snowshoe Lane, Lot 23 Vail Meadows Filing No. 1, accurately reflecting the best data and modeling available. The revisions to the hazard map will result in the subject property and the 5 min. 5 min. February 19, 2019 - Page 1 of 2 adjacent parcels being largely removed from the red hazard avalanche area designation. 4.2. 2019 Vail Slurry Seal Contract Award Background: Staff received 2 bids for the 2019 Slurry Seal Project. The project is budgeted with the Capital Street Maintenance budget and is within the engineer's estimate. Roads included in this year's asphalt preventive maintenance project include Buffehr Creek Rd, Lions Ridge Loop. Sunburst Dr and Vail Valley Dr from Ptarmigan Rd to S Frontage Rd. The project is scheduled to be completed by June 21, 2019. 5. Town Manager Report 5.1. Town Manager Report Presenter(s): Greg Clifton, Town Manager 6. Presentations / Discussion 6.1. Civic Area Plan — Presentation of Public and Stakeholder Input from Engagement Window 1 Presenter(s): Matt Gennett, Community Development Director Action Requested of Council: Staff requests that Council review the presentation and provide direction related to the next steps proposed by the project team. Background: The town's Civic Area Master Plan kicked off last December with a public outreach campaign to key stakeholder groups, adjacent property owners, town boards and commissions, and the general public. The design team will present a summary of what they heard, including key themes and ideas; and they will also discuss next steps. Staff Recommendation: Staff recommends that Council reviews the presentation, provides feedback, and affirms or adjusts the suggested next steps. 7. Break (10 min.) 8. Action Items 8.1. Parking and Transportation Task Force Update Presenter(s): Greg Hall, Director of Public Works Action Requested of Council: Provide direction to the staff regarding the recommended summer 2019 Parking plan to include: • Direct staff to continue the paid overnight fee structure put in place last summer for the summer 2018 as outlined above. Background: The Vail Parking & Transportation Task Force met on February 8, 2019 to review statistics from the summer 2018 season as well as make recommendations for the summer 2019 parking program. The Vail Parking & Transportation Task Force makes the following recommendations: Continue the same $25 overnight parking program in the Vail Village and 10 min. 120 min. 20 min. February 19, 2019 - Page 2 of 2 Lionshead parking structures as last summer with the addition of promoting the benefits and availability of the Red Sandstone Garage. Free overnight use at Red Sandstone would be available, but would be monitored for vehicle storage issues. The Task Force also recommends maintaining the exemptions described above which were offered in 2018. Staff Recommendation: Staff recommends the Town Council approve the Parking and Transportation Task Force recommendations for the summer 2019 Parking Program. 8.2. Ordinance No.2, Series 2019, An Ordinance Amending Portions of Title 4, 10 min. Chapter 3, of the Vail Town Code Related to Sales Tax to Adopt Certain Statewide Standardized Definitions and to Make Revenue -Neutral Amendments Needed to Implement Those Definitions. Presenter(s): Carlie Smith, Financial Services Manager and Alex Jakubiec, Sale Tax Administrator Action Requested of Council: Approve or Approve with Amendments Ordinance No.2, Series 2019. Background: Please See Attached Memo. Staff Recommendation: Approve or Approve with Amendments Ordinance No.2, Series 2019. 8.3. Ordinance No. 1, Series of 2019, An ordinance for a Zone District 10 min. Boundary Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code to allow the rezoning of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Low Density Multiple - Family District and setting forth details in regard thereto. Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 1, Series of 2019, upon first reading. Background: The applicant, Bighorn Townhouse Association, represented by Mauriello Planning Group, is requesting a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Low Density Multiple - Family District (LDMF). This application is being processed concurrently with a Land Use Plan Amendment (PEC18-0046) that will facilitate, if approved by the Town Council, an application for the development of the subject property for residential garages. Staff Recommendation: On January 14, 2019, the Planning and Environmental Commission (PEC) forwarded a unanimous recommendation, for approval, for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code 8.4. Resolution No. 10, Series of 2019, A Resolution modifying the Official Land 10 min. Use Map to change the designation of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Medium Density Residential. Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Resolution No. 10, Series of 2019. Background: The applicant, The Town of Vail, is requesting a review of the Vail Land Use Plan Map, pursuant to Section 8-3, Amendment Process, February 19, 2019 - Page 3 of 2 Vail Land Use Plan, to change the land use designation of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Medium Density Residential. Subsequent to this application, Bighorn Townhouse Association, represented by Mauriello Planning Group, is requesting a zoning of the property from unidentified to Medium Density Multiple -Family (MDMF) District The Land Use Plan Amendment and rezoning will facilitate, if approved by Town Council, an application for the development of the subject property for residential garages. Staff Recommendation: On January 14, 2019, the Planning and Environmental Commission (PEC) forwarded a unanimous recommendation, for approval, of the Vail Land Use Plan Map amendment, pursuant to Section 8-3, Amendment Process, Vail Town Code. 9. Adjournment 9.1. Adjournment 9:30 pm estimate Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media website the week following meeting day, www.highfivemedia.org. Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711. February 19, 2019 - Page 4 of 2 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Proclamation No. 3, Series of 2019, In Recognition of the Chinese New Year Celebration and Community Programming Sponsored by Vail Mountain School and Vail Public Library PRESENTER(S): Dave Chapin, Mayor ACTION REQUESTED OF COUNCIL: Read and adopt proclamation. BACKGROUND: Lori Barnes, Vail Public Library Director, and Le Kang, Vail Mountain School Teacher, will present a summary of their collaboration and cultural programming in recognition of the Chinese New Year. ATTACHMENTS: Description Proclamation No. 3, Series 2019 Celebration Photo Celebration Photo 2 February 19, 2019 - Page 5 of 2 TOWN OFVAIL' PROCLAMATION NO. 3, SERIES OF 2019 IN RECOGNITION OF THE CHINESE NEW YEAR CELEBRATION AND COMMUNITY PROGRAMING SPONSORED BY VAIL MOUNTAIN SCHOOL & VAIL PUBLIC LIBRARY WHEREAS, the Chinese New Year is one of the most celebrated times of year in Chinese culture, also known as the Spring Festival and noted as the most important traditional Chinese festival, one that can be traced back about 3,500 years ago as a time to honor household and heavenly ancestors, and now celebrated across the world as a time for family reunions and gatherings; WHEREAS, Vail Mountain School (VMS) has hosted a Chinese program for more than four years, and has celebrated Chinese New year at school the past three years, and as part of their efforts to bring language and cultural diversity to the community and to make student learning more meaningful, the Chinese New Year celebration will take place at Vail Public Library this year; WHEREAS, this Spring Festival Celebration includes a parade from the Vail Public Library to the International Bridge where VMS students will perform traditional Chinese dragon and lion dancing during the parade bringing an authentic visual awareness of the New Year's celebration to Vail; WHEREAS, the Chinese New Year celebration activities which will occur at the Vail Public Library and will include Chinese cuisine activities such as dumpling making, Chinese artistic activities, such as paper cutting, calligraphy and traditional painting, Peking Opera mask making, as well as games that include lantern riddles and other fun Chinese games; WHEREAS, Vail Mountain School in partnership with the Vail Public Library have worked collaboratively and collectively to bring this community -wide Chinese New Year's Celebration to residents of Vail and Eagle County in an effort to bring more awareness to cultural diversity in our community as well as promote the study of the Chinese language by VMS students, and; NOW, THEREFORE, the Vail Town Council encourages and supports cultural community programming and the celebration sponsored by the Vail Mountain School and the Vail Public Library and hereby recognizes the Chinese New Year and associated celebration activities for all community members to enjoy. Dated this 19th day of February, 2019. Vail Town Council Attest: Dave Chapin, Mayor Tammy Nagel, Town Clerk February 19, 2019 - Page 6 of 2 *NW February 19, 2019 - Page 7 of 222 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 11, Series of 2019 - A resolution to modify the Official Avalanche Hazard Map to show revisions to the Moderate (Blue) and Severe (Red) Hazard Avalanche Areas related to the Vail Meadows Avalanche Path in the vicinity of 5002 Snowshoe Lane, Lot 23, Vail Meadows Filing No.1. BACKGROUND: The Vail Meadows Avalanche Path is located in East Vail in the general vicinity of the Eagle River Water and Sanitation District water tank. This avalanche area was originally studied by Arthur I. Mears P.E. in 1975. This 1975 mapping was used as a basis for the report on snow avalanches produced in 1977 which was ultimately adopted by the Town of Vail. The applicant, Rick Schierberg, Peregrine Group Development, represented by Pavan Krueger, is requesting a modification to the Official Avalanche Hazard Map to revise the red and blue hazard avalanche area designations in the vicinity of 5002 Snowshoe Lane, Lot 23 Vail Meadows Filing No. 1, accurately reflecting the best data and modeling available. The revisions to the hazard map will result in the subject property and the adjacent parcels being largely removed from the red hazard avalanche area designation. ATTACHMENTS: Description Staff Memorandum Attachment A. Resolution No. 11, Series of 2019 Attachment B. Snow Avalanche Map Amendment Report for Vail Meadows Avalanche Path, Vail Colorado prepared by Arthur I. Mears P.E., February 1, 2019 February 19, 2019 - Page 9 of 2 TOWN UFO Memorandum TO: Vail Town Council FROM: Community Development Department DATE: February 19, 2019 SUBJECT: Resolution No. 11, Series of 2019, a resolution modifying the Official Avalanche Hazard Map to revise the red and blue hazard avalanche area designations in the vicinity of 5002 Snowshoe Lane, Lot 23 Vail Meadows Filing No. 1, accurately reflecting the best data and modeling available; and setting forth details in regard thereto. Applicant: Rick Schierberg, Peregrine Group Development, represented by Pavan Krueger Planner: Jonathan Spence I. SUMMARY The applicant, Rick Schierberg, Peregrine Group Development, represented by Pavan Krueger, is requesting a modification to the Official Avalanche Hazard Map to revise the red and blue hazard avalanche area designations in the vicinity of 5002 Snowshoe Lane, Lot 23 Vail Meadows Filing No. 1, accurately reflecting the best data and modeling available. The revisions to the hazard map will result in the subject property and the adjacent parcels being largely removed from the red hazard avalanche area designation. II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Resolution No. 11, Series of 2019. III. BACKGROUND The Vail Meadows Avalanche Path is located in East Vail in the general vicinity of the Eagle River Water and Sanitation District water tank. This avalanche area was originally studied by Arthur I. Mears P.E. in 1975. This 1975 mapping was used as a basis for the report on snow avalanches produced in 1977 which was ultimately adopted by the Town of Vail. The Town of Vail aims protects the inhabitants of the town from dangers related to floodplains , avalanche paths, steep slopes and geological sensitive areas. Within the Avalanche Hazard Map are two designations, blue and red, corresponding to different levels of static and dynamic pressure produced by a snow avalanche. Properties within the red hazard avalanche area designation are not permitted any building activity or construction of any structures. Structures may be built in the blue hazard avalanche area designation following a site specific geological report and proper mitigation, if required. February 19, 2019 - Page 10 of The Town of Vail is committed to maintaining the most accurate hazard maps based on the best available information. New information specific to this area has been submitted by the applicant necessitating an amendment to the adopted map. Please see the applicant's provided materials included as Attachment B for a complete background on this item. Specifically, the report sites five (5) factors that have occurred since the original mapping. These factors are: • Growth of trees in the avalanche path; • Additional weather and snowpack data for Vail; • Additional history of avalanches and debris flows in the Vail Valley; • Substantial updates to the available avalanche -dynamics and debris flow models; • Availability of more detailed topographic mapping and aerial photography. The report utilized new data and methods to assess the avalanche hazards for the Vail Meadows Avalanche path. The result of this assessment is the recommendation to amend the map to more accurately describe the hazards related to the avalanche path. IV. CRITERIA FOR REVIEW/PROCUDURE Pursuant to Section 12-21-13: RESTRICTIONS IN GEOLOGICALLY SENSITIVE AREAS, the following procedures shall be followed: G. Disputes; Procedure: In any case where a person wishes to dispute the designation of any property as a geologically sensitive area by one of the maps and studies adopted by this section, the following procedures shall be followed: 1. A written application shall be filed with the department of community development requesting such a hearing and providing a supporting site specific geologic investigation. 2. A hearing shall be set on a date a minimum of thirty (30) days after the application has been filed to allow for a staff review. 3. At the hearing before the town council, the applicant shall be given a reasonable opportunity to present his/her case and submit technical and geologic evidence to support his/her claim. If the site specific geologic investigation establishes by clear and convincing evidence that the property should not be designated as a geologically sensitive area, the town council shall direct the department of community development to amend the map appropriately. V. STAFF RECOMMENDATION Should the Vail Town Council choose to approve Resolution No. 11, Series of 2019, the Community Development Department recommends the Council pass the following motion: Town of Vail 3/4/2014 Page 2 February 19, 2019 - Page 11 of "The Vail Town Council approves Resolution No. 11, Series of 2019, a resolution amending the Official Avalanche Hazard Map to revise the red and blue hazard avalanche area designations in the vicinity of 5002 Snowshoe Lane, accurately reflecting the best data and modeling available, and setting forth details in regard thereto." Should the Town Council choose to approve the proposed revision to the Official Avalanche Hazard Map, the Community Development Department recommends the Town Council makes the following finding: "The site specific geologic investigation dated February 1, 2019 performed Mr. Arthur 1. Mears P.E. establishes by clear and convincing evidence that the map should be amended as proposed." VI. ATTACHMENTS A. Resolution No. 11, Series of 2019. B. Snow Avalanche Map Amendment Report for Vail Meadows Avalanche Path, Vail Colorado prepared by Arthur I. Mears P.E., February 1, 2019 Town of Vail 3/4/2014 Page 3 February 19, 2019 - Page 12 of RESOLUTION NO. 11, SERIES OF 2019 A RESOLUTION TO MODIFY THE OFFICIAL AVALANCHE HAZARD MAP TO SHOW REVISIONS TO THE MODERATE (BLUE) AND SEVERE (RED) HAZARD AVALANCHE AREAS RELATED TO THE VAIL MEADOWS AVALANCHE PATH IN THE VICINITY OF 5002 SNOWSHOE LANE, LOT 23 VAIL MEADOWS FILING NO. 1 WHEREAS, the Vail Meadows Avalanche Path is located in the Town of Vail in the vicinity of 5002 Snowshoe Lane; WHEREAS, the Vail Meadows Avalanche Path has been studied extensively since 1975; WHEREAS, Mr. Arthur I. Mears, P.E. is a recognized avalanche consultant with over 30 years of experience; WHEREAS, the investigation by Mr. Mears has determined that the existing hazard delineations are not accurate; WHEREAS, the proposed new delineation of the moderate and severe hazard areas is the result of the best available data and modeling techniques; and WHEREAS, this modification is in accordance with Section 12-21-13: Restrictions in Geologically Sensitive Areas, Vail Town Code. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: Section 1. That the Official Avalanche Hazard Map shall be modified per Attachment A in accordance with the direction provided by Mr. Arthur I. Mears, P.E. in the February 1, 2019 report bearing his name. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 19th day of February, 2019. February 19, 2019 - Page 13 of Dave Chapin, Town Mayor ATTEST: Tammy Nagel, Town Clerk February 19, 2019 - Page 14 of Attachment A Geologically Sensative Areas Dispute of Avalanche Hazard Zone Hazard Red Zone (high) Blue Zone (moderate) e 150 J Feet 300 nrmag Wm oreaea Wee mei I.V./31 os nam. yrennema,,,,wumigerernpigoeerory. Tie mer or.laceri oma ra t4c,c Modified,�Fe ,c,o,r g,E22019 11411 OF VA February 19, 2019 - Page 15 of SNOW AVALANCHE MAP AMENDMENT REPORT for VAIL MEADOWS AVALANCHE PATH VAIL, COLORADO Prepared for: Mr. Rick Schierberg Peregrine Group Development 1400 16th Street, Suite 400 Denver, CO 80202 Prepared by: Arthur I. Mears, P.E., Inc. Gunnison, Colorado and Wilbur Engineering, Inc. Durango, Colorado February 1, 2019 February 19, 2019 - Page 16 of Arthur I. Mears, P.E., Inc. Natural Hazards Consultants 555 County Road 16 Gunnison, CO 81230 Cell: (970) 275-1548 February 1, 2019 Mr. Rick Schierberg Peregrine Group Development 1400 16th Street, Suite 400 Denver, CO 80202 Via email RE: Snow Avalanche Map Amendment Rport 5002 Snowshoe Lane, Lot: 23 Vail Meadows F1, Vail, Colorado Dear Mr. Schierberg: This report presents a summary of data and analyses in support of amending the Snow Avalanche Hazard Zones for the referenced site. This report is based on new snow, weather and avalanche data, as well as advances in terrain analysis and avalanche dynamics modeling methods. The recommended avalanche hazard map is shown in Figure 9. If you have any questions, please contact me at (970) 275-1548 or Chris Wilbur at (970) 247-1488. Sincerely, Arthur I. Mears, P.E. Avalanche -control engineer February 19, 2019 - Page 17 of Contents 1. Introduction 1 2. Methods 2 3. Terrain 3 4. Avalanche Dynamics Modeling 6 5. Summary of Findings 6 6. Recommendations 8 7. References 8 8. Warranty 8 Figures Figure 1 — 1975 Avalanche Hazard Map 1 Figure 2 — Excerpt from Town of Vail Official Avalanche Hazard Map 1 Figure 3 — Hydro -Triad Vail Meadow Avalanche Hazard Map 2 Figure 4 — Approximate Outline of the Vail Meadows Avalanche on Bing Aerial Photo 4 Figure 5 — Vail Meadows Avalanche Slope Angle Map 4 Figure 6 — Photos looking up and down Avalanche Path 5 Figure 7 — Photo of "Impact Hill" 5 Figure 8 — Maximum Flow Heights of 100 -year Design Avalanche 6 Figure 9 — Recommended Vail Meadows Avalanche Hazard Map 7 Avalanche Map Update 5002 Snowshoe Lane Vail, Colorado Arthur I. Mears, PE, Inc. Wilbur Engineering, Inc. February 1, 2019 February 19, 2019 - Page 18 of 1. Introduction Figure 1 shows the original avalanche hazard map for the East Vail area prepared by Art Mears in 1975 (Ref. 1). The Vail Meadow avalanche path is labeled number 1. The town of Vail's official avalanche hazard map shows High, Moderate and Avalanche Influence Zones (Figure 2). The official map appears to be consistent with an avalanche study by Hydro Triad in 1977 (Figure 3 from Ref. 2). SNOW AVALANCHE HAZARD ZONES of the VAIL AREA, EAGLE CO., COLO. (also see text) HIGH HAZARD MODERATE HAZARD ZONE BOUNDARY SMALL AVALANCHES zJ Scale 1124000 0 2000 4000 6000 Feet I l l l l From U.S. Geol. Survey 7 1/2v Quadrangle Map Prepared by Arthur I. Mears for the Colorado Geological Survey Gen \ t J • f i I :.fes Figure 1 — 1975 Avalanche Hazard Map (Source: Ref. 3) Ma lamof um h.nawe HAws AW .aw Am w+i. ca...v MINN.1r'. moa m MN AW.Hada U.m 5. MI4 nail) V.111111) Avalanche Hazard Zones _ H ph Herded AvalamhU - RW Ivies _ lbereele Hazard Avelenon*-ale Zo re _ Poeelble Ave le idle Influence Zane Powder Blasi Zone Figure 2 — Excerpt from Town of Vail Official Avalanche Hazard Map Avalanche Map Update 5002 Snowshoe Lane Vail, Colorado 1 Arthur I. Mears, PE, Inc. Wilbur Engineering, Inc. February 1, 2019 February 19, 2019 - Page 19 of Figure 3 — Hydro -Triad Vail Meadow Avalanche Hazard Map Many changes have occurred since the previous avalanche hazard maps were prepared. These changes include: ➢ Growth of trees in the avalanche path; ➢ Additional weather and snowpack data from Vail; ➢ Additional history of avalanches and debris flows in the Vail Valley; ➢ Substantial updates to the available avalanche -dynamics and debris flow models; ➢ Availability of more detailed topographic mapping and aerial photography. This study utilizes new data and methods to assess the avalanche hazards for the Vail Meadow avalanche path. For additional details on the assumptions, data, methods and limitations, refer our August 8, 2018 report, Snow Avalanche and Debris Flow Hazard Analysis and Recommendations prepared for Mr. Rick Schierberg of the Peregrine Group Development. 2. Methods The snow avalanche and debris flow hazards were evaluated using a combination of qualitative and quantitative methods, including: 1. Site observations made by Chris Wilbur, P.E. on August 5, 2018. Avalanche Map Update 5002 Snowshoe Lane Vail, Colorado 2 Arthur I. Mears, PE, Inc. Wilbur Engineering, Inc. February 1, 2019 February 19, 2019 - Page 20 of 2. Analysis of aerial photos of various dates and sources (Town of Vail, Eagle County, Google Earth, Bing Maps); 3. Terrain analysis using high quality topographic maps with 2 foot contours provided by the town of Vail GIS Department. 4. Review of historic weather data, include data from Eagle County airport, Vail Coop (058575) and Vail Mountain snow course (842) and SNOTEL, Vail Pass Snow Course (06K15); 5. Avalanche dynamic modeling with the Swiss program, RAMMS, Version 1.6.2 utilizing a 2 -meter resolution digital elevation model (DEM) developed from data provided by the town of Vail GIS Department. 6. Our experience with debris flows and snow avalanche hazard assessments and mitigation in the Vail Valley and throughout the Rocky Mountains. 3. Terrain The Vail Meadows avalanche path has a total vertical drop of about 2600 feet. It has an E -NE -facing starting zone1 of about 50 acres, and consists of a shallow bowl below timberline. The track2 has a gradient of 41 percent and is confined to a channel at top, flowing onto an open slope near bottom. The runout zone3 begins where the avalanche hits 100 -foot high hill directly, and part of the avalanche flow is deflected east of the hill, part goes over top, and most of the flow is deflected to the valley west of the hill. The runout zone slopes 9 -degrees or less. Figure 4 shows the Vail Meadows avalanche path on a Bing aerial photograph. Figure 5 shows a slope map. Photos are shown in Figures 8 and 9. 1 The Starting Zone of an avalanche is the area where snow releases, accelerates and increases in mass. 2 The Track of an avalanche is the area where maximum velocity and mass are attained. 3 The Runout Zone is the area where avalanches decelerate, deposit and come to a stop. Avalanche Map Update 5002 Snowshoe Lane Vail, Colorado 3 Arthur I. Mears, PE, Inc. Wilbur Engineering, Inc. February 1, 2019 February 19, 2019 - Page 21 of Figure 4 — Approximate Outline of the Vail Meadows Avalanche on Bing Aerial Photo Figure 5 — Vail Meadows Avalanche Slope Angle Map (source: Caltopo.com) Avalanche Map Update 5002 Snowshoe Lane Vail, Colorado 4 Arthur I. Mears, PE, Inc. Wilbur Engineering, Inc. February 1, 2019 February 19, 2019 - Page 22 of Figure 6 — Photos looking up and down Avalanche Path Avalanche Map Update 5002 Snowshoe Lane Vail, Colorado Figure 7 — Photo of "Impact Hill" (Art Mears photos, September 2017) 5 Arthur I. Mears, PE, Inc. Wilbur Engineering, Inc. February 1, 2019 February 19, 2019 - Page 23 of 4. Avalanche Dynamics Modeling Figure 8 shows a simulation with predicted maximum flow heights that represents current forest conditions for the design -magnitude avalanche. The model calibration was based on our experience with other avalanches in Colorado, including well- documented historic avalanches. Figure 8 — Maximum Flow Heights of 100 -year Design Avalanche (Red/Blue zones shown from CGS/Mears 1975 map) 5. Summary of Findings Based on the observations, analyses and methods described in this report, we conclude that forest growth, especially in the avalanche track, has reduced the size and runout distance of the design magnitude avalanche since previous mapping efforts of the 1970s. Recent history, including weather and avalanche records also support adjusting the avalanche hazard zones. Avalanche Map Update 5002 Snowshoe Lane Vail, Colorado 6 Arthur I. Mears, PE, Inc. Wilbur Engineering, Inc. February 1, 2019 February 19, 2019 - Page 24 of r ' I � : , „W1 1 1111 I _ i 0 ' " l'i'A -VI . a_i . , Avalanche lan Of Hazard ditZoonesPer s / all Red Zone - high potential avalanche hazard zone; impact pressures > 600 lbs/sq. ft. or return periods < 25 years Blue Zone - moderate potential avalanche hazard zone; impact pressures < 600 lbs/sq. ft. and return periods 25 to 100 years \ \ ♦ yc \ \ \ \ \ / \ 1 Figure 9 — Recommended Vail Meadows Avalanche Hazard Map Avalanche Map Update 5002 Snowshoe Lane Vail, Colorado 7 Arthur I. Mears, PE, Inc. Wilbur Engineering, Inc. February 1, 2019 February 19, 2019 - Page 25 of 6. Recommendations Based on the methods and findings described above, we recommend amending the Vail Meadow avalanche hazard zones as shown in Figure 9. 7. References 1. Mears, Arthur I., Snow Avalanche Hazards of the Vail Area, Eagle County, Colorado, Colorado Geological Survey Open File Report, 1975. 2. Oaks Sherry D. & Dexter, Lee, Avalanche Hazard Zoning in Vail, Colorado: The Use of Scientific Information in the Implementation of Hazard Reduction Strategies, Mountain Research and Development, Vol. 7, No. 2 (May, 1987), pp. 157-168, International Mountain Society. 8. Warranty You as my client should know that while our company can and does attempt to uphold high professional standards, the state of scientific and engineering knowledge is incomplete, and does not permit certainty. The complex phenomena involved in avalanches cannot be perfectly evaluated and predicted, and methods used to predict avalanche behavior change as new research becomes available. While we can and will offer our best professional judgment, we cannot and do not offer any warranty or guarantee of results. Avalanche Map Update 5002 Snowshoe Lane Vail, Colorado 8 Arthur I. Mears, PE, Inc. Wilbur Engineering, Inc. February 1, 2019 February 19, 2019 - Page 26 of TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: 2019 Vail Slurry Seal Contract Award BACKGROUND: Staff received 2 bids for the 2019 Slurry Seal Project. The project is budgeted with the Capital Street Maintenance budget and is within the engineer's estimate. Roads included in this year's asphalt preventive maintenance project include Buffehr Creek Rd, Lions Ridge Loop. Sunburst Dr and Vail Valley Dr from Ptarmigan Rd to S Frontage Rd. The project is scheduled to be completed by June 21, 2019. ATTACHMENTS: Description memo February 19, 2019 - Page 27 of rowN OFD Memorandum To: Town Council From: Public Works Date: 02/19/2019 Subject: 2019 Vail Slurry Seal Contract Award I. ITEM/TOPIC 2019 Vail Slurry Seal Contract Award II. ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an agreement with A-1 Chipseal to complete the 2019 Vail Slurry Seal Project. III. BACKGROUND Staff received 2 bids for the 2019 Slurry Seal Project. The project is budgeted with the Capital Street Maintenance budget and is within the engineer's estimate. Roads included in this year's asphalt preventive maintenance project include Buffehr Creek Rd, Lions Ridge Loop. Sunburst Dr and Vail Valley Dr from Ptarmigan Rd to S Frontage Rd. The project is scheduled to be completed by June 21, 2019. IV. STAFF RECOMMENDATION Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with A-1 Chipseal to complete the 2019 Vail Slurry Seal Project in the amount not to exceed $140,000.00. February 19, 2019 - Page 28 of VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Town Manager Report PRESENTER(S): Greg Clifton, Town Manager ATTACHMENTS: Description Town Manager Report TOWN OF 1 X41 February 19, 2019 - Page 29 of TOWN OF VAIL ` 75 South Frontage Road West Vail, Colorado 81657 vailgov.com TOPICS Meetings Update Budget Message Town Hall Renovations Staff Updates Upcoming Events TOWN MANAGER REPORT - Feb 19th TOWN COUNCIL MEETING Meetings Update Town Manager's Office 970.479.2106 970.479.2157 fax CC4CA The CC4CA Steering Committee met in Lafayette City Hall on February 1St It was a good meeting - the first conducted under the Vail leadership. Subsequent to the meeting, a few items to report. First, the City of Longmont has become the 24th member jurisdiction, greatly bolstering our representation. Also noteworthy, and with testimony provided by the CC4CA Executive Director, Senate Bill 53 was soundly killed in committee on February 13th. The bill was a token attempt to prohibit the AQCC (Air Quality Control Commission) from adopting air quality control standards for motor vehicles that are more stringent than the federal standards. Finally, CC4CA also advocated in favor of Rep. Chris Hansen's securitization bill (HB1037), which passed out of committee this past week. This bill, if it becomes law, will allow publicly owned utilities to retire coal plants without huge upfront costs for Colorado ratepayers or the utilities, while also providing assistance to the communities most impacted by the loss of coal -related jobs. The Town of Vail will be hosting, again, the annual retreat for CC4CA in late June. Stay tuned for details. Parking Task Force The group met on February 8th to continue reviewing summer parking programming. It was an excellent meeting, well attended, and both Greg Hall and Mayor Chapin will be providing details at the Council meeting. Vail Recreation Subcommittee We will meet the morning of February 19th to review a number of topics. A verbal update will be provided during the Council meeting under the agenda item regarding this Report. CML The CML Legislative Workshop occurred in Denver on February 14th. The next Executive Board meeting, of which I will be attending, will occur on February 22nd. Additionally, we will have representation from CML at the Legislative Meeting conducted by CAST (Colorado Assn of Ski Towns) on March 7th CAST February 19, 2019 - Page 30 of See above. The next meeting is on March 7th in Denver, and we are scheduled to have newly elected Governor Polis speaking, along with an array of other state officials, on a number of timely and relevant topics. VEAC The meeting on February 12th was well attended. We had an update from Inntopia, a progress report related to the Vail Guest Experience Collaboration (Kristin Kenney Williams), and other related items. The agenda is pasted below. Many thanks to Mia Vlaar and her team for putting it together. Vail Economic Advisory Council February 12, 2019 Town Council Chambers 8:00 AM — 10:30 AM AGENDA February Meeting Link • Town of Vail Financials, Kathleen Halloran (15 minutes) • Town Manager's Report, Greg Clifton (10 minutes) • Inntopia Update, Katie Barnes (30 minutes) • Vail Guest Experience Collaborative Update, Vail Mountain and Town of Vail, TBD (20 minutes) • Citizen Input (5 minutes) • OtherBusiness(5 minutes) • Adjournment • Next Meeting Tuesday, March 12, Vail Town Council Chambers — 8:OOam Transit Coordinating Team We are meeting next on February 21st to discuss next steps on the Coordinated Info Hub contracting process. 1-70 Coalition The Board met by phone (snow) on February 6th. There was a legislative update, a discussion on pending bills that speak to statewide transportation, and related business. The next meeting is on March 6th Reminder: Council Retreat The Town Council retreat is scheduled for February 20th at the Grand View. The agenda will include updates about the Council's Action Plan and a presentation from CIRSA about quasi-judicial matters. Lunch will be provided at the end of the retreat, and we should conclude by 1pm. Meet U.S. Congressman Joe Neguse of Colorado District 2 next Tuesday Town of Vail is pleased to note that U.S. Congressman Joe Neguse will be in Vail on Thursday, February 21 at the Vail Public Library from 1:00 p.m. - 1:45 p.m. Congressman Neguse and his staff are interested in meeting local officials to hear about any topics of interest and topics of mutual concern. Congressman Neguse was sworn -in to the House of Representatives this Town Manager's Report Page 2 February 19, 2019 - Page 31 of past January representing Colorado District 2 replacing the vacancy left by Governor -elect Jared Polis. Please access more information about U.S. Congressman Joe Neguse on his website: Budget Message As previously mentioned, we have posted the Budget Book on the Town website, and Carlie Smith has forwarded pdf files to each of you. It is a very good read (link below), and quite comprehensive in scope. Please take a look. I would like to express our great appreciation to both Carlie and Kathleen Halloran for their efforts. We will have a short presentation at the next Council meeting. https://vailgovrecords.com/WebLink/DocView.aspx?id=526572&dbid=0&repo=To wnofVailLaserfiche Town Hall Renovations We have been reporting on this recently. The project is now largely complete, and the staff is quite happy with the outcome. With the windowed doors, there is much more openness in the office area, and the new paint and flooring have helped warm up the place considerably. It all looks very professional and functions very nicely. Of note is the updated conference room, no longer with exposed cinderblock walls, and now consisting of a new table and new chairs. Similarly, the offices have been updated with stand-up desks, more meeting space. Noticeably absent are the stacks of filing cabinets. We are grateful to the hard work of the Public Works Facilities Team in performing much of the work (some specialty work has been subcontracted), and also Susan Mitchell with our Communications Department who has helped guide us in floor plan and furniture selection. When we have a final accounting, we will report that to the Council. This was a cost-effective undertaking that is paying big dividends in terms of work environment and efficiency. Staff Updates Saving $$$ Telecommunications Audit: Carlie Smith, Financial Services Manager, initiated the project when approached by a third party company, Spyglass, who had been hired by a few other municipalities/counties in our region. While Carlie worked with SpyGlass and individual departments on cell phone use, Eric Olson (IT Systems Engineer) visited various town facilities to verify that unused lines could be disconnected. Steve Blair (IT Interim Director) also spent significant time confirming these details. This project spanned a full year from the time the agreement with Spyglass was executed. Town Manager's Report Page 3 February 19, 2019 - Page 32 of The completion of the audit in January will result in annual savings of $148,000 to the Town of Vail. Spyglass is compensated with 50% of the first year's savings. Thereafter the entire savings are realized by the town. Our sincere thanks and appreciation to all of those involved in this process. IT Department On Dec 13th we began recruitment for our Director of Information Technology. We received over 185 applications for the position, including two very qualified internal candidates. Similar to other department head recruitment processes, we utilized a two - panel format for review, comprised of some department heads and IT professionals (inside and outside the organization). Six semi-finalists were interviewed on Tuesday, February 12th and a decision has been rendered by the two panels. At this juncture, an offer has been accepted and the announcement will be forthcoming. We are grateful for the interest of many qualified applicants and we look forward to what lies ahead with new leadership intact Police Department Chief Henninger participated in the media event on Feb. 14th at the State Capital for the introduction of this year's Extreme Risk Protection Order bill. This is a similar bill to the Red Flags legislation that Chief Henninger and the CACP (Colorado Association of Chiefs of Police) supported last year and was defeated in the Senate. The bill would give family members and law enforcement a tool to help keep individuals and families safe from gun violence when an individual is in crisis and has access to firearms, and further allows for safely holding firearms for up to a year only with judicial review and appeal opportunities. The PD / Dispatch / IT Data Center generator project is complete. With a project value of just under $200K, the upgrade for the existing 400 amp generator and transfer switch to a new 600 amp generator and transfer switch will ensure that the facility has adequate emergency power in the event of a power outage. The installation of this new generator gives us all a big sigh of relief, as we have back-up capabilities that are desperately needed. The recent power outage in Summit County is all that needs to be referenced here to illustrate this point. The older 400 amp generator and transfer switch will be repurposed and installed for back up power for the new data center at Fire Station 3 (2019 project). Commander Ryan Kenney attended the CACP 2019 New and Aspiring Chiefs Orientation. The training was three days and included a variety of topics and trainers. Some of the topics included were: Media Relations, Controversial Issues, CORA/CCJRA Records, New Laws and Legislation, and Recruitment/Retention/Succession Plan. The training was very informative and beneficial. Town Manager's Report Page 4 February 19, 2019 - Page 33 of The Orientation was followed up by the CACP mid -year meeting. This was a two-day event that also covered a myriad of topics. The conference was an opportunity to meet and exchange ideas with other police chiefs and command staff from around Colorado. Upcoming Events 10th Mountain Division Parade I will be attending the parade and joining the VR Leadership Team on Friday, February 15th. Having seen the inaugural event, I am very excited to experience it once again. US Open Burton We are getting closer to the US Burton Open. The schedule and entertainment for this exciting event can be found at the following link: http://events.burton.com. The Town will also be hosting a Vail -Japan Friendship Reception during the US Open Burton; an invitation will be forthcoming. The 37th Annual Burton U 5 Open 5novaboarding Championships return to Vail, Colorado, February 25 through March 2. 2019. As the premier event of the competitive snowhoarding season, the Burton 11.5 Open showcases the most progressive riding from the world's top athletes in both slopestyle and halfpipe. In addition, the celebrated Burton O S -Open Halfpipe Junior Jam presented by Clif Bar features the world's top 14 - and -under riders vying for a chance to compete against the pros. The Burton 0 5 -Open also offers a packed entertainment schedule Including four nights of free concerts, daily apres specials, and fun activities and events for all ages including the annual Chill fundraiser, a kids learn -to -ride Riglet park, athlete meet and greets, as well as the closing party at the Dobson Ice Arena. Vde look forward to you joining us at the world's greatest snowboard event. Powabunga As reported in the previous Town Manager's Report, an event funded by CSE is coming to town March 22nd through the 24th, 2019. Powabunga is a new event that will bring live world-class music to Ford Park (ticketed), with large pop up art installations around town, and planned activities in Vail. A full update will be presented at the council meeting on March 5th Town Manager's Report Page 5 February 19, 2019 - Page 34 of TOWN Of UAIL VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Civic Area Plan — Presentation of Public and Stakeholder Input from Engagement Window 1 PRESENTER(S): Matt Gennett, Community Development Director ACTION REQUESTED OF COUNCIL: Staff requests that Council review the presentation and provide direction related to the next steps proposed by the project team. BACKGROUND: The town's Civic Area Master Plan kicked off last December with a public outreach campaign to key stakeholder groups, adjacent property owners, town boards and commissions, and the general public. The design team will present a summary of what they heard, including key themes and ideas; and they will also discuss next steps. STAFF RECOMMENDATION: Staff recommends that Council reviews the presentation, provides feedback, and affirms or adjusts the suggested next steps. ATTACHMENTS: Description Memo Master Plan Timeline Presentation February 19, 2019 - Page 35 of TOWN OF VAIL. Memorandum To: Vail Town Council From: Matt Gennett, Community Development Director Date: February 19, 2019 Subject: Civic Area Plan — Presentation of Public and Stakeholder Input from Engagement Window 1 I. INTRODUCTION Since mid-December, the town's planning consultant team has been gathering community feedback on ideas for future improvements to town -owned properties in the Civic Area. These properties include the Lionshead Parking and Transportation Center, charter bus lot, Dobson Ice Arena, Vail Public Library and Vail Municipal Building Complex. The outreach has generated responses from nearly 400 participants who have provided input through an online survey hosted by the town at EngageVail.com. In addition, numerous stakeholder groups have shared their ideas including adjacent property owners, members of town boards and commissions, representatives from the Eagle River Youth Coalition as well as facility managers and users. During the presentation, key themes from the initial community engagement phase will be presented to the Town Council for review and discussion. Themes range from a desire for more parking and improved pedestrian connections, inviting open spaces between facilities, to a second sheet of ice, additional community meeting spaces, and recognition of the library as a highly valued community asset. The information received through this initial engagement will be used to refine next steps in the process by identifying ideas and concepts warranting further exploration. II. SUMMARY The next steps will include the development of a series of programming concepts that will be distributed across the 10 -acre study area. Community members will be encouraged to share their reactions to the concepts through online Engage Vail discussions as well as "pop-up" outreach events and stakeholder focus groups. The Town Council will be asked to narrow the concepts in May when additional involvement from civil engineering, environmental, traffic and economic/market specialists on the project team will provide a more detailed analysis. The Town Council will eventually select a preferred concept, which will be incorporated into a draft master plan for refinement and adoption later in the year. February 19, 2019 - Page 36 of ACTION REQUESTED BY COUNCIL Staff asks Council to review the presentation and provide direction related to the next steps proposed by the project team. Attachment: Attachment A: Attachment B: Project Flow Chart Slide Presentation (For further information, please go to engagevail.com) Town of Vail Page 2 February 19, 2019 - Page 37 of CIVIC AREA TOWN Orifolg.:7 PLAN 2 0 1 8 1 1 9 Staff/Team Work Program and Work Products Town Council/ PEC Review December January February Window #1 • Review back- ground info: - LH Structure - Dobson - Town Hall • Covenant research • Process/evaluate community input • Define potential Big Ideas (for further study) Work Products • Summary report on background info • Summary report on engagement • Recommendations on Big Ideas March Aprll Window #2 • Evaluate site and program opportunities • Engage Economic Planning Systems • Prepare site/ massing studies Work Products • Info for Engagement Window #2 2/19 TC Update • Ongoing project work (EPS, Design, ect.) • Refinement to studies of Big Ideas • Process/evaluate community input • Formulate master plan alternatives Work Products • Summary report on engagement • Market/economic - initial observations • Report on Big Ideas • Define potential master plan concepts • Present Summary reports • Community input • Recommended Big Ideas TC Action: Provide direction on Big Ideas to study May June Window #3 • • • • • • • Further master plan con- cepts Market/economic evaluation Potential funding strategies Estimating of probably costs Civil/Structural/Traffic/ Environmental Design/Architectural consid- erations Begin draft of master plan document Work Products • Draft master plan concepts • Info for Engagement Window #3 5/7 TC Update 1 • Evaluation of Big Ideas • Summary of Community Input • Discussion of potential Civic Area Plan concepts TC Action: Provide Direction on Civic Area Plan Alternatives July August Project Flow Chart September October November Window #4 • Ongoing project work • Refinement to master plan concepts • Process/evaluate community input • Recommendation on preferred master plan Work Products • Summary report on engagement • Draft Master Plan Alternatives • Recommendation on preferred alternative • Info for Engagement Window #4 • Finalize implementa- tion strategies • Prepare draft master plan Work Products • Draft Civic Area Master Plan 1 V 7/16 TC Update • Present 3 Civic Area Plan Alternatives • Summary of Community Input • Recommendation for Preferred Civic Area Plan TC Action: Provide direction on Preferred Civic Area Plan Febru* Annual FGonlintiltEty Meeting (3/12) • Finalize Master Plan Final Review Process 8/23 9/9 9/23 10/1 10/15 Plan PEC PEC TC TC Released Hearing Hearing Hearing Hearing 11/5 TC Hearing C 1VIIC AR EA TOWN OF VAIL' PLAN \I 2 0 1 8 1 1 9 Town of Vail Civic Area Plan Town Council Update February 19, 2019 BRAUN .�7LRAIAILS, iNL. russejle February 19, 2019 -IrnlibloK7222 TRESTLE strategy 9' a u p Meeting Agenda - Town Council Update 1. Project Overview 2. Approach to Community Engagement 3. What We Heard 4. Site Influences and Opportunities 5. Discussion 6. Next Steps CIVIC AREA TOWN OHO PL/\N 2 0 1 s r 1 9 February 19, 2019 - Page 40 of 24240 aE3sr u N rus fills j TRE9STLE Fe 1. Project Overview Need for the Plan: To guide the future development and use of Town -owned lands within the Study Area. CIVIC AREA TOWN OF VAIL' PLAN 2 0 1 6 1 1 9 bruary 19, 2019 - Page 41 of 222 .. Project Overview Civic Area Plan: Study Area VantaPoint• by Benleshire- Hathawayy, Parking . ?1:-:i div"1• 3: ,1;15.417:: ma Inet,'Iorl 'Y liril Station" • Welcome, Center`:: liar --ter, t Bus Lot Vail International Condo's ail Municipal cpCivic Area Study Area Immediate Adjacent Parcels of Influence T CIVIC AREA TOWN OF VAIL' PLAN 2 0 1 8 1 1 9 February 19, 2019 - Page 42 of 24240 ebruary 14.2078 Study Area CIVIC AREA rO4VN OF VAIN` PLAIN 2 0 1 8/ 1 9 Z BRAUN russet I I mls j TRE9STLE Project Overview Project Goals: • Engage the community to identify opinions for the Civic Area; • Evaluate issues, opportunities, and constraints and identify potential highest and best uses; • Prepare a plan that is viable, economically feasible, reflective of community goals, and responsive to the site and surrounding neighborhood, and • Define strategies for decision-making and the implementation of improvements to the Civic Area. 414440 CIVIC AREA TOWN OFVAILV PLAN 2 0 1 6 1 1 9 February 19, 2019 - Page 43 of 24240E3sr u N rus ells Project Overview Project Givens: • The Vail Town Council, acting as the VRA and land owner has final decision-making authority; • The Study Area includes properties delineated within the attached map; • The Town of Vail, which largely relies upon visitor -based revenues, seeks to be economically diverse and competitive; • The Dobson Ice Arena, with the possible inclusion of adjoining undeveloped property, could serve a significant role; • Workforce housing remains a high need for the Town of Vail and throughout the community. CIVIC AREA TOWN 00A11.9 PLAN 2 0 1 6 1 1 9 February 19, 2019 - Page 44 of 24240E1r u N rus ells Project Overview Project Givens: • Emerging technologies should be employed within the context of the Plan; • Proposed development should be environmentally sustainable; • Community engagement tools shall be utilized to foster strong public outreach and citizen participation; • The Lionshead Tax Increment Financing (TIF) District expires June 6, 2030 and revenues from TIF need to be expended by that time; and • TIF revenues could be used to secure a bonds to finance improvements. 414440 CIVIC AREA TOWN OFVAILV PLAN 2 0 1 6 1 1 9 February 19, 2019 - Page 45 of 24240E3sr u N rus ells Project Overview The Approach: 1. Engage the community, ask questions, listen; 2. Study existing conditions, opportunities and constraints; 3. Test ideas (program, site design, market/economics); 4. Formulate a plan; 5. Present for community/PEC/TC for review. CIVIC AREA TOWN 00A11.9 PLAN 2 0 1 6 1 1 9 February 19, 2019 - Page 46 of 24240E3sr u N rus ells Project Overview CIVIC AREA I13WIf0 YAW PLAN 2 0 1 8/ 1 8 Community Engagement Windows Staff/Team Work Program and Work Products Town Council/ PEC Review December Janua February Engagement Window #1 12/11 - 7/20 • Review info • Evaluate input • Phase 11 work program • Evaluate opportuni- ties • Engage team • Prep for Window #2 March April Engagement Window #2 3/25 - 4/10 (est., • Evaluate input • Engage team • Define potential MP concepts 1 2/19 Meeting Town Council Update May June Jul. August Engagement Window #3 6/6 - 6/21 (est.) • Engage team • Refine MP alternatives • Prep for Window #3 5/7 Meeting Town Council Update Project Flow Chart September October November Engagement Window #4 8/23 - 9/6 (est. \4 • Evaluate input • Engage team • Refine MP alternatives • Engage team • Prepare m aster plan • Prep for Window #4 l 7/16 Meeting Town Council Update * Annual Community Meeting (3/12) • Fin a lite Master Plan Final Review Process I 1 1 I I 8/23 9/9 9/23 10/1 10/15 Plan PEC PEC TC TC Released 11/5 TC CIVIC AREA TOWN OF VAIL' PLAN 2 0 1 8 1 1 9 February 19, 2019 - Page 47 of 24 240 S U N. rusmiils j TRESTLE 9 2. Approach to Community Engagement CIVIC AREA TOWN OF VAIL' PLAN 2 0 1 8/ 1 9 February 19, 2019 - Page 48 of 24414111,4111PBSOCN russell mills TRESTLE Outreach Metrics - Who We Informed ENGAGEVAIL.COM REGISTRATIONS 566 SOCIAL MEDIA ADVERTISING Facebook, Twitter, NextDoor, Classifieds CIVIC AREA TOWN OF V A 107 PLAN 2 0 1 6 1 1 9 PROCESS COMMITTEE Meetings every other month PRINTED ADVERTISING Newspaper ads, Articles PRESENTATIONS TO OTHER GROUPS (Egg) Around 50 Attendees February 19, 2019 - Page 49 of 24240 E3sr u N rus fills MAILED POSTCARDS 9,750 Outreach Metrics - Who We Heard From WHO WE HEARD FROM: ss 5 0 Participants Public Open House WHO WE HEARD FROM: 0 eVi/ 0 $ 0 rvv) fv) 25 Participants Vail Economic Advisory Council WHO WE HEARD FROM: .416. 40 Participants Stakeholder Interviews WHO WE HEARD FROM: n ^ n ouo ry--NcTh 367 Contributors Through Engage Vail WHO WE HEARD FROM: 2! Participants Workshop with Youth Council CIVIC AREA TOWN OHO PLAN 2 0 1 6 1 1 9 February 19, 2019 - Page 50 of 24 240 ,sru,N rusmiils EngageVail.com Making a Great Civic Area Survey VISITOR 986 CONTRIBUTORS CONTRIBUTIONS 367 368 364 0 3 Regi ste red 4J n peri tied Anonym c us CIVIC AREA TOWN OF VAIL' PLAN 2 0 1 8 1 1 9 Live Activity 300 250 200 150 100 50 visits Ail Time Last 38 Days Last 7 Days 3Dec '18 3,184 SITE VISITS (Ail Tirane) 17 Dec '18 February 19, 2019 - Page 51 of 222 31 Dec '18 567 SITE REGISTRATIONS (AliTime) 14Jan '15 546 ACTIVATED PARTICIPANTS SAIL Tine) t LN11 EngageValLthrn Makinga Great Civic 7Ar ea Survey Vancouver 02. Calgary WHO WE HEARD FROM: w � w I ` I c, I SSeattle Pel k,r+}{kir Lake 5,I' C. Ottawa Montreal slake a El A 1.111P/114.... 14 Lrr{in $ ~ Toronto GREATLA INS TOIcago b trol t4▪ . 1 a .1-1..1 I Z N Yr rl • fier UNITED STATES •5C Louis • I'IIII Pl. 11 .111.1 San Francisco r;• Tv:: d'' ' b".'; i .I III Ir�kr rl I E tv • • L cis Angeles, • 1 ...Atlanta• • • Dallas • Monterrey MEXIuo dl 1.1 II k1.1r. Houston i'illlexl'c' GIf • r.•l1171111 l or .pp w• r,r x..C;, H ori ."III IUII.\ February 19, 2019 - P 000 367 Contributors Through Engage Vail errand Mesa National (Fared • ge 52 of 222 tc n pmanl • as7 ; - 1i r O Q + Arapaho , Nato mar rorask • N • 4 - 0 GiOni MID • tinter • •1• •• *Cas lie Rack Vihae Rner r •� Naiianal. • rarest' • Pike rI=t.,n.1 E2re • troth Colorado Nsio-nalSprings • EngageVail.com Making a Great Civic Area Survey Demographics: Gender St Age •U Female Male Prefer not to answer 200 150 100 .�U 1 .18 24 25 39 40 60 60 plus CIVIC AREA TOWN OHO PLAN 2 0 1 6 1 1 9 February 19, 2019 - Page 53 of 24 240 su rN. rusmiils EngageVail.com Making a Great Civic Area Survey Demographics: Home Ownership Status • Rent • Own Other CIVIC AREA TOWN OHO PLAN 2 0 1 6 1 1 9 February 19, 2019 - Page 54 of 24240 411111"1"13 SOCRAUN rus fills EngageVail.com Making a Great Civic Area Survey Demographics: Household Types • Single no children • Couple no children • Household with children living at home Empty -nester children no longer living at home • Other Total number of households with children living at home 125 With a Vail zip code With another Colorado zip code With a zip code outside Colorado 43 74 8 CIVIC AREA TOWN OF VAIL' PLAN 2 0 1 8 1 1 9 February 19, 2019 - Page 55 of 24 2403irAu N rusrsell T12 EngageVail.com Making a Great Civic Area Survey Demographics: Relation to Vail or the Surrounding Area Year-round resident (11 months/year) • Part-time resident • Employed in Vail but dont live there Non-resident owner of business/commer cial property Live or work in Eagle County Visitor or Guest CIVIC AREA TOWN OHO PLAN 2 0 1 6 1 1 9 February 19, 2019 - Page 56 of 24240 3Sr u N russel� AIA1 LS, INC_ m� s Public ODen House CIVIC AREA TOWN OF VAIL' PLAN 2 0 1 6 1 1 9 age 57 of 24240 4Bsr AU N russeflls j TRE9STLE Eagle River Youth Coalition Workshop Meeting on January 17, 2019 • Presentation • Smartphone Polling • Idea Boards entertaining invitin united welcoming c fun.exe�ii ng creativea rts„ environmental - = oPensafe inclusive CIVIC AREA TOWN OF VAIL' PLAN 2 0 1 6 1 1 9 February 19, 20 ESTLE Stakeholder Outreach Operators/Service Providers Organizations Other Stakeholders 1. ToV Planning and Engineering Staff 2. ToV Police Department 3. ToV Fire and Emergency Services 4. ToV Streets and Park Maintenance Staff 5. ToV Transportation and Parking Staff Vail Recreation District (representing the Dobson Ice Arena) Vail Public Library Valley Local Marketing District (VLMD) 2. Commission on Special Events (CSE) 3. Vail Economic Advisory Council (VEAC) CIVIC AREA TOWN OHO PLAN 2 0 1 6 1 1 9 1. Vail Resorts 2. Evergreen Lodge 3. Vail International 4. Lodge at Lionshead 5. Vail Health 6. Four Seasons February 19, 2019 - Page 59 of 24 240 s> U N russeii 3. What We Heard CIVIC AREA TOWN OF VAIL' PLAN 2 0 1 8 1 1 9ASSOCIAI February 19, 2019 - Page 60 of 222J 2401 I BLIN russell 5 MIIIS TRE9STL Outreach Key Takeaways (not listed in order of priority) • Improve and expand parking and accessibility throughout. • Improve pedestrian access, safety, aesthetics. • Improve community green spaces, integrate local art. • Upgrade Dobson Ice Arena: expand its uses (evaluate the need for a second sheet of ice/multi-use), improve its aesthetics. • Keep the Vail Public Library where it is; link it with Dobson Ice Arena. • Improve the Municipal Complex aesthetics, or relocate/redevelop site. • Better utilize the Charter Bus Lot. • Implement a community facility with flexible space for multi -function events, community gatherings, performing arts, recreation. • Support the active community with outdoor recreation spaces. • Explore housing opportunities. • Advocate public-private partnerships within the civic area. VA!!A CIVIC AREA TOWN OF ` PLAN 2 0 1 6 1 1 9 February 19, 2019 Page 61 of 2240 Assic9!„. russelis Survey Analysis: Dobson Ice Arena • Address: 321 East Lionshead Circle Vail, CO • Year Built: 1983 • Building Square Footage: approx. 32,000 • Capacity: 2,500 • Zoning Designation: General Use • Civic Uses Provided: Public Skating, Youth Programs, Hockey Leagues, Events CIVIC AREA TOWN OHO PLAN 2 0 1 6 1 1 9 February 19, 2019 - Page 62 of 24240 4E3sr u N rus fills survey AniIvk nnhcnn Ir Arni Dobson Ice Arena of Responses Don't Change Anything Minor Upgrades Allows Town of Vail and its customers to conduct business in an efficient and dependable way Provides free or low cost community space for public meetings 4 4 Major Upgrades Total Re -DO Accommodates great events and community gatherings 332 Large range of things to do for all residents and guests of all ages 330 Accessible by bus, bike, or an foot 348 1 • r Family Friendly 322 • Safe and Secure 311 Fosters a sense of community and place A place for year round activity and opportunity 332 338 Accessible by people of alt ages and abilities 324 Contributes to economic well being of the Town of Vail 305 Convenient Parking TOWN OF VAIL' PLS 339 1 1 1 February 19, 2019 - Page 63 of 222 I WIZ ssel mills TRESTLE Survey Analysis: Dobson Ice Arena Open Ended Comments: 5 Top Ideas RENOVATE Interior/Exterior COMMUNITY ARTS MULTI -FUNCTION CENTER 22% ADD SECOND SHEET OF ICE 18% IMPROVE PARKING 18% EXPAND RECREATION 14% CIVIC AREA TOWN 0F VA!!' r A1 2 0 1 6 r 1 9 February 19, 2019 - Page 64 of 24 240 E3sr u OCIAI LS, ,N russIYIlell lU S TRESTLE Dobson Ice Arena - Outreach Feedback Engage Vail • The Dobson Ice Arena is an important asset for the Town of Vail and its constituents, especially families; • Different areas of improvements pointed to in the survey o Expand recreation uses, including a better ice facility o Offer a diversity of activities and events year-round o Renovate its exterior and interior Vail Economic Advisory Council • Second sheet of ice/multi-use space • Expand Dobson • Partnerships/collaborations Vail Mountain • Conference space/New facility or Upgrade Dobson Vail Recreation District • Upgrade Dobson - Increase capacity/multi-use/rec center • 2nd sheet of ice • Link Dobson with Vail Public Library Vail Public Library • Link Vail Public Library with Dobson Eagle River Youth Coalition • Could be turned into a fun and affordable full size recreation center February'W'9;'1(T9�9C EPc 3 ty and year-round activities Survey Analysis: Vail Public Library • Address: 292 W Meadow Dr, Vail, CO • Year Built: 1983; Remodel: 2013 • Building square footage: approx. 15,000 • Number of users: 100,000 • Zoning Designation: General • Civic Uses Provided: public library, community room, bus stop, kids programs, adult programs CIVIC AREA TOWN OHO PLAN 2 0 1 6 1 1 9 February 19, 2019 - Page 66 of 24240E3sr u N rus fills Survey Analysis: Vail Public Library TOWN OF VAIL' Vail Public Library # of Responses Don't Change Anything Minor Upgrades Major Upgrades Total Re -DO Provides free or low cost community space for public meetings 335 1 Accommodates great events and community gatherings 325 • Large range of things to do for all residents and guests 330 of all ages 1 Accessible by bus, bike, or on foot 357 Family Friendly Safe and Secure 344 Fosters a sense of community and place 349 up A place for year round activity and opportunity 350 Accessible by people of all ages and abilities 349 1 Contributes to economic well being of the Town of Vail 306 1 Convenient Parking 344 1 February 19, 2019 - Page 67 of 222 Survey Analysis: Vail Public Library Open Ended Comments: 5 Top Ideas BELOVED COMMUNITY ASSET 51% IMPROVE PARKING 25% COMMUNITY / MEETING SPACE 13% PEDESTRIAN ACCESS AREA IMPROVEMENT 6% EXPAND OPEN SPACE 5% CIVIC AREA TOWN OF VAIL' PLAN 2 0 1 0 1 1 9 February19, 2019 - Page 68 of 24240 43 Rau N rus ,ells nss�ini �s, iNc. j TRE9STLE Vail Public Library - Outreach Feedback Engage Vail • The Vail Public Library is a beloved community asset: family -friendly, safe and secure, easily accessible by public transit or bike/ped and by all people. • Areas of improvement include: o Better parking; o Expand community space and year-round activities. Vail Economic Advisory Council • Co -working space in library • Parking - increase supply or alternative means • Multi -use space • Partnerships/collaborations Vail Mountain • No comment Vail Recreation District • No Comment Vail Public Library • Connect indoor and outdoor space • Long standing mechanical concerns/energy efficiency • South lawn • Renovation opportunities for building • Expanded community rooms/library space • Link Vail Public Library with Dobson Eagle River Youth Coalition • Could be turned into something more useful; • Make it more modern, integrate new technologies; • Events for all ages. February 19, 2019 - Page 69 of 222 Survey Analysis: Municipal Complex • Address: 75 S Frontage Rd W, Vail, CO • Year Built: 1971; Police Dpt Expansion: 1993 • Parcel Square Footage: 63,808 • Building Square Footage: approx. 45,000 for the 2 -story building, 6,600 for the 1 -story building • Zoning Designation: General • Civic Uses Provided: police, community development, Town hall, recycling TOWN OF VA!! ` P L 2 n1 8 1 1...9ESOCIAFES, INC. MI CI February 19, 2019 - Page 70 of 24240 ' 'UN russells TRE9STL Siirvv AniIviv Miinirinal CnmnIpx Municipal Complex # of Responses Don't Change Anything Minor Upgrades Major Upgrades Total Re -DO Provides efficient space for municipal services 299 Provides free or low cost community space for public meetings 248 Accessible by bus, bike, or on foot 324 1 • 1 Safe and Secure 289 Fosters a sense of community and place 295 Buildings evoke a sense of pride representing Vail 325 1 • Accessible by people of all ages and abilities 291 j Contributes to economic well being of the Town of Vail 265 Convenient Parking 315 1 February 19, 2019 - Page 71 of 222 Survey Analysis: MunicipaL CompLex Open Ended Comments: 5 Top Ideas PARTIAL OR FULL SITE REDEVELOPMENT IMPROVE PARKING 21% MAJOR IMPROVEMENT 44� 21% RELOCATE USES OFF-SITE •• • • • • • • • • • . • . 1 # I 15% HOUSING OPPORTUNITIE jOS lUnte Pft( 12% CIVIC AREA TOWN 00A11.9 PLAN 2 0 1 6 1 1 9 February 19, 2019 - Page 72 of 24240 Ago'3sr u N rus fills Municipal Complex - Outreach Feedback Engage Vail Vail Economic Advisory Council • Although the Municipal Complex is easily accessible • Parking - increase supply or alternative means and safe and secure, it is seen as a major area of • Multi -use space opportunity for: • Partnerships/collaborations o More efficient space for municipal services o Redevelopment o New housing Vail Mountain • Welcome/Visitor Center • Additional parking Vail Recreation District • No comment Vail Public Library • No comment Eagle River Youth Coalition • Make it useful and publicize to the public • Make it a unique, eye-catching landmark in Vail • Add better -looking parking for locals Fe ruary 19, 2019 - Page 73 of 222 Survey Analysis: Lionshead Parking Stru • Address: 395 S Frontage Rd W, Vail, CO • Year Built: 1980; Transit & Welcome Center: 2011; • Lionshead Welcome Center Square Footage: 9,500 • Parking Structure Square Footage: 373,500 • Zoning Designation: General Use • Civic Uses Provided: welcome center, transit center, Zeke M. Pierce Skatepark, Imagination Station, Grand View room, parking (1,100 spaces) Aink CI IC AREA TOWN OF VA!! ` PL - N 2 0 1 6/ 1 9 February 19, 2019 - Page 774 of—24240 S ,_ �l N ruse lis ¶iirvv AnIvdv 1 innrzhpid Parkinn ¶truirtiirp Lionshead Parking This is an efficient and best u se of land a of Responses 2 Serves a much needed function close in to Vail 360 Don't Change Anything Minor Upgrades 1 Major Upgrades Total Re -DO Safe and Secure 321 1 1 Accessible by people of all ages and abilities 310 Provides free or low cost community space for public meetings 276 Accommodates great events and community gatherings 273 • Large range of things to do for all residents and guests of all ages 251 Fosters a sense of community and place 264 A place for year round activity and opportunity 282 • 1 February 19, 2019 - Page 75 of 222 1 Survey Analysis: Lionshead Parking Structure Open Ended Comments: 5 Top Ideas ADD MORE BELOVED MAINTAIN PARKING GRAND VIEW CURRENT VRD SPACES USES 40% REDEVELOP WITH PARKING / COMMUNITY USES 21% 16% PEDESTRIAN ACCESS & SAFETY 13% 10% CIVIC AREA TOWN 0F VA!!' T A 2 0 1 6 r 1 9 February 19, 2019 - Page 76 of 24 240 3sr u OCIAI LS, ,N russIYIlell lU S TRESTLE Lionshead Parking Structure - Outreach Feedback Engage Vail • The Lionshead Parking Structure is viewed as a safe and secure space, easily accessible, and serving a much needed function. The Grand View meeting space and the Vail Recreation District space are good additions. • Areas of improvement include o Additional parking o Wider range of activities for more people o Additional community uses Vail Economic Advisory Council • Vertical expansion • Parking - increase supply or alternative means • Multi -use space • Partnerships/collaborations Vail Mountain • Additional parking (no net loss of parking during winter season Vail Recreation District • Enhanced parking and arrival experience Vail Public Library • Enhanced parking and arrival experience Eagle River Youth Coalition • Create additional cheaper parking spots for locals • Expand skatepark Integrate public art to make it look better .7... L....1V1L. k1- TaWk OFT) PLAN 2 0 1 6 1 1 9 February 19, 2019 - Page 77 of 214v 410411r13SKAU �N f 155E 1111 S TRESTLE February P ove- 'hirAer": CI IC AREA TQWk OFD ` PL -N 2 0 1 6 r 1 9 49, 2019 222 Survey Analysis: Charter Bus Lot Charter Bus Lot # of Responses Don't Change Anything Minor Upgrades Major Upgrades Total Re -DO This is an efficient and best use of land 260 • Serves a much needed function close in to Vail. 270 Safe and Secure 207 Accessible by people of all ages and abilities 215 • • February 19, 2019 - Page 79 of 222 Survey Analysis: Charter Bus Lot Open Ended Comments: 4 Top Ideas BETTER UTILIZATION 52% REDEVELOP WITH PARKING / ADDITIONAL USES 20% EXPAND OVERSIZED PARKING 14% ADD MORE PARKING 14% CIVIC ARE/A19 TOWN OF VAIL' PLAN 2 0 18 February19, - 2019 Page 80 of 24240 411.5.111143 RA LJ N rus ,ells nssocini �s, iN�. TRE9STLE Charter Bus Lot - Outreach Feedback Engage Vail • The Charter Bus Lot serves a needed function. • However it is viewed as not being an efficient and best use of land. Vail Economic Advisory Council • Parking - increase supply or alternative means • Location for new facility Vail Mountain • Additional parking (no net loss of parking during winter season Vail Recreation District • Enhanced parking and arrival experience Vail Public Library • Enhanced parking and arrival experience Eagle River Youth Coalition • Relocate outside of Town for a better use of space; • Redevelop into something more useful with large community draw. Aink CI IC AREA TOWN OF VA!! ` PL - N 2 0 1 6/ 1 9 February 19, 2019 - Page 81 of 2 240 ' 'U N russellOCIAFES, INC.s TRE9STLE Survey Analysis: Big Ideas BIG IDEAS for the long term success of Vail: Ideas for great community and civic uses; Ideas to make it a better use of civic space. • Housing Opportunities • Multi -function event/performing arts center • Improve / Add More Parking Improve / Add More Open Space • Maintain / Expand Dobson • Promote Vail as a Community (versus a Resort) • Improve Pedestrian Access / Safety / Image February19, 2019 - Pae 82 of 24240 RAU N russe�lls ASSOCIhrLS. INC. Eagle River Youth Coalition Workshop: Big Ideas BIG IDEAS for the long term success of Vail, a great community and civic uses, a better use of civic space. • Electric scooters for fun public transportation. • $1/day bike share like in Paris or London. • Create community spaces for local people to gather. • Support the active community with outdoor gyms, race courses, soccer field... • Expand nightlife outside of expensive restaurants. CIVIC AREA TOWN 00A11.9 PLAN 2 0 1 6 1 1 9 February 19, 2019 - Page 83 of 24240E3sr u N rus ells Stakeholder Input - General Themes • Improve and expand parking and accessibility throughout (mobility) • Add more flexible space for multiple uses (live performances and conferences) • Create a focus on economic development through special events • Improve community green spaces programmed with inspiring local art • Advocate public-private partnerships within the civic area • Evaluate the need for a second sheet of ice/multi-use at Dobson • Housing CIVIC AREA TOWN 00A11.9 PLAN 2 0 1 6 1 1 9 February 19, 2019 - Page 84 of 24240E3sr u N rus ells Ingredients of a Successful Civic Area WALKABILITY Pedestrian Streets OL.tdoo• firing INGREDIENTS OF ASUCCESSFUL CIVIC AREA MASTER PLAN CIVIC AREA TOWN OF VAIL' PLAN 2 0 1 8 1 1 9 Parks & Green Squares (L;onneclion tc Nature) CIVVIC AREA. Survey participants were asked to rate how each of these ingredients would contribute to the vibrancy and success of the larger civic area. The following were rated Very Important: • Walkability 87% • Engagements with Nature 70% • Community Draw 69% • Mix of Uses 60% • Progressive Sustainability 58% • Flexible Civic Zones 52% • Connections and Linkages 49% • Signage and Wayfinding 48% • Public Art and Follies 39% February 19, 2019 - Page 85 of 22 1SRALJ N russells TRESTLE L t,. s, 9 a P Outreach Key Takeaways (not listed in order of priority) • Improve and expand parking and accessibility throughout. • Improve pedestrian access, safety, aesthetics. • Improve community green spaces, integrate local art. • Upgrade Dobson Ice Arena: expand its uses (evaluate the need for a second sheet of ice/multi-use), improve its aesthetics. • Keep the Vail Public Library where it is; link it with Dobson Ice Arena. • Improve the Municipal Complex aesthetics, or relocate/redevelop site. • Better utilize the Charter Bus Lot. • Implement a community facility with flexible space for multi -function events, community gatherings, performing arts, recreation. • Support the active community with outdoor recreation spaces. • Explore housing opportunities. • Advocate public-private partnerships within the civic area. VA!!A CIVIC AREA TOWN OF ` PLAN 2 0 1 6 1 1 9 February 19, 2019 Page 86 of 2240 Assic9!„. russelis 4. Site Influences and Opportunities CIVIC AREA TOWN OF VAIL' PLAN 2 0 1 8/ 1 9 February 19, 2019 - Page 87 of 222'2435 AU N russell INC ml s TRE9STL !Accessible ar bus. bice. or on fact 4isoDb&QMiJCQjlQrouiltfeSe$pQppout&gjMpestunities Q.11rt. test , hfc• Dobson Ice Arena part Change Anything Minor upgrades Major upgrades Total Re -p❑ 'Its customers m conduct 4 adeffident and dependabre way Provides free or low cost community spare for public 4 meetings �Ataommodares great &carts and community gatherings 332 Large range of things to do for all residents and guests 330 of all ages • 348 Family Friendly 3221111 Eand Secure 311 Fosters a sense of communityard place 332 lace.forrz round activity and opportunity 338 Accessible by peopre of all ages and abilities 324 tent+Rw[estoeconomic well beig of the Town of Vali 305 ■ Convenient Parking 339 CIVIC AREA TOWN OFC/i PL N 2 0 1 6 1 1 9 center • Add a 2nd sheet of Ice Improve Parkin (more 1 better experience) • Add Recreational Uses r) Site Plan possible connection to Charter Bus Lot • • i existing access drive to Vail International Condominiums possible horizontal expansion • improve entry experience & pedestrian connections to LHPG possible connection to Library if upper level is added to both buildings improve pedestrian experience from East Lionshead Circle to West Meadow Drive t ` ff _ February19, 2019 - Page 88 of 24240 - LIN res ell 4�SOC-IArE.S, INC. MIS TRESTLE 4.2. Dobson Ice Arena ' Horizontal Expansion Massing Section Massing Site Plan 111111111111111 J I nm Birdseye Massing I CMC AREA iW OF VAft. PL/AN 2 0 1 8 1 1 9 February 19, 2019 - Page 89 of 42240 RALIN ruse ,�_rares,iur.. MATS TRESTLE 4.2. Dobson Ice Arena ' Vertical Expansion Massing Section Massing existing roof line Birdseye Massing CIVIC AREA wNAFNA�l!" PIJAN g o 8+ 1 9 Site Plan 1104-11-411pgili possible expansion opportunity with horizontal 1 vertical expansion i t J 4• / • r t• • �f • I+ • t fa 1 32,0O4+I- sq. ft. existing arena floor plate IiirMil February 19, 2019 - Page 90 of 222240 _. RAuN rus eI1 MIIIS TRESTLE 4.2. Vail PubLic Library Site Influences & Opportunities Survey Iliahliahts: Vail Public Library Pont Change Anything Minor Upgrades Major Upgrades Total 9e-00 Provides free orlowopst community space for public 335 ■ meetings Accommodates great enols and community gatherings 32i Large range of things to do fur all residents and gnosis 336 Died ages Accessible by hut. bike, or on toot 357 Family Friendly 151 Safe and Secure Foden a sense or community and place A place far year round activity and opportunity 341 349 . 350 ■ Accessible by people of all ages and abilities 349 ■ (Crud bules to eCMMtit well being of the Town of Vail 306 Convenient Parking 344 ■ CIVIC AREA TOWN U-VM19 PLAN 2 0' r' 9 • more Lammur3ity r Meeting Spice Pedestrian Access / Area Improvements • Maintain Lawn ! Expand Open Space Site Plan I [111,1_11! 11_111 lir p 111141'1 • • • • • + r r • a J+ * • • r+ improve entry experience & pedestrian connections to LHPG possible connection to Dobson if upper level is added to both buildings improve pedestrian experience from East Lionshead Circle to West Meadow Drive F Al f E ..i i illib . rrr�rNi oi f AVIle 1 Al 61- 1 ti r it e r possible second level or partial level development r .1 I. aqi f possible enhancements to landscaped areas 1 relationship to Gore Creek - February 19, 2019 - Page 91 of 24 240imirB N russeli II +5ssoc:r.Arr.s, IN(. MI s TRESTLE expansion t � 4.2. Vail PUBLIC Library 'Vertical Expansion Massing Section Massing Site Plan potential connections r- _ r - library existing Birdseye Massing .. expansoor dobson existing CIVIC AREA TOWN OF VM PLAN 2 0 t a/ 1 9 1 11 I :,11 1 111 :1:'4:I !II" I WI . 11 T :. oF + 1---"`-•-...-.. - 1 1 4-- 15,000 sq. ft. existing rte r ' + 1 library floor plate -\\.;.\\r ��i t t 4 F + r r � rf �j, 1 fr possible 2nd level / 4. ri expansion r 11 r + r +�` r it r 1. ? r i 1 r rt r +.h rii If r rr' it 4 February 19, 2019 - Page 92 of 4240 B RAU N ruSSeI Krim POE -c'.S.IN( MIS TRESTLE 4.2. Lionshead Parking Structure - site Influences & Opportunities Survey Hiahliahts: Lionshead Parking This is an efficient and best use of land Dont GungeMything Minor Upgrades Maim Upgrades Total Re•DO 7U Serves a much needed function close in to Vail 360 `Site.andlecure 321 Accessible by people of all ages and abilities 310 Provides free or lowcost community space for public 776 . meeting: II Accommodates great events and community gatherings 273 IN. Large range of things to do for all residents and guests 251 1 Site Plan Fosters a sense of community and place 264 A place Tor year rorard activity and opportunity 282 1 CIVIC AREA TOWN OFO. PLIAN 2 o 1 s 1 9 Improve Pedestrian Access 1 Safety 1 Drop-off • Maintain Current Uses Ar 2 • • r I , • • fr 1 Transit -enter 125,0a+1- sq. ft. floorplate Welcome Center M1 9 'qJ .-; • • p 114. improve pedestrian access - 1<. • i Charter Bus 1 Lot � -PIP— - alkdi • • • • rr + I • 11/110 ■ y • l J 1 + ie • • + rt 1 potential expansion area to South gqi Improve pedestrian connections February 19, 2019 - Page 93 of 424O jgrpfiRALIN russeil Krum Ls, INC .. MIII5 TRESTLE 4.2. Lionshead Parking Structure - Vertical Expansion Section Massing 388 stalls per level EL Birdseye Massing CIVIC AREA TOWN OF , PL IV 2 0 , a + 1 9 Site Plan • 1 • y\ • • 125,00+f- sq. t. floorplate 388 stalls per level --------------- • • • • • a • w • • t -------------------- - February 19, 2019 - Page 94 of 24240 AMPBRAUN russell rills TRESTLE 4.2. Lionshead Parking Structure - South Expansion Section Massing Site Plan Birclseye Massing • • ! • }� • • ...--eme.--.ed•-1.--..— li) ___• • • . tr. • • • • . . • # • - • • • • s • • rrr potential expansion area to South 13,000 sf floorplate CIVIC AREA .aw$CFaMLY PLAN 2 0 1 8 1 1 9 February 19, 2019 - Page 95 of 4240 3l U N russell Erna ion ��t_L41LS, INC.. MIIIS TRESTLE 4.2. Charter BUS Lot Site Influences & Opportunities Survey Hiahli lhts: Site Plan Charter Bus Lot 'd Don't Change Anything Minor Upgrades Major Upgrades iota{ Re -00 This is an efficient and best use of land 250 • Serves a much needed function close in to Vail 270 58feoid Secure 207 Accessible by people °fait ages and abilities 215 " CIVIC AREA va+ P E.., N 16Y N J F 2 0 7 s Add More Parking lr+ Ar • • • , • r r • ff • f • r f • r • J • 4 • << • �; c — 1 t, 70,000 +1- sq. ft floorplate (Charter Bus Lot & Garage Entry) • 111141i.i.iii 611'111 inti-a•ra 0 21,1•\/ r 14 'gar • • • • • • • • • • 1 --------------------------- could Zink to existing parking garage ramping `• — •— • • possible upper level connection to Dobson ,rr r* possible parking expansion current garage entry February 19, 2019 - Page 96 of 424° B RAU N russell 11 �� t.arrcIN( TRESTLE 4.2. Charter BUS Lot Site Expansion Elevation Massing add'I- vertical expansion Birdseye Massing CIVIC AREA rowN+F-m.` PLAN 0 8 : 1 9 Site Plan 111"- A • ; • r r r r� r r r ---F=r r i. • 1 r • • 1, ! 11 , 33,000 +/- sq. ft. floorplate • • • • • February19, 2019 - Page 97 of 24 l Ul N ruses � l I 9 :�w OL.t.AFE:.ivi. TRESTLE ale by bus. bike.or on fact 321 4.2. MunicipaL Center - Site Influences & Opportunities Survey Hiahliahts: Municipal Complex 'd pool Charge anything Minor Upgrades spare for municipal services 299 Major Upgrades Total Re -DO Provides free or lar cast community space ror public meetings las u Safe 211(i Secure • 289 ■ Fosters a sense of mmmuniryand place 295 Buildings evoke a sensed' pride representing Vail 325 Accessible by people of attages and abifilies 291 Comributes to economic web being of the Tomtit Vail 295 Convenient Parking 315 • Improve,/ Add more Parking Relocate Uses Off-site • Housing Opportunities Site Plan X1 • ' r • 6,600 sf floorplate t1 level) rrf • a ▪ � • *ti • } •y • ti ~' ti • .1 •••* • • • 122,500 sf 3.5 acres of redevelopment opportunity site is currently disconnected from core by frontage road improve pedestrian access • • • • • • ..- 7.* • • 1 2 r --I'- *�# • • • • • •• • • • • • • • • • t:0 • • • • • CIVIC AREA TOWN AF1D PL 2 0 1 5/ 1 9 February 19, 2019 - Page 98 of 24 24 0 .�tiRAU N rusfl IIS 1.oe.tArI.s.INC. TRESTLE • • Birdseye Massing Site Plan MP' t developable area with scrape of existing single story building and original side of 2 story building r • ti • 4'4 • . • • • • • • with below grade parking • • • • • assuming Police Department remains, balance of site is re -developed !� • • • 4 • • • Oft• a • • `R • • 13,000 +1- sq.ft. floorplate remains (2 levels) 10,000 +1- sq.ft. floorplate developable on Last side of site • • • ±; • • a • • • • a • a • • • • a CIVIC AREA fawu 11F waft PLAN 2 0 1 8! 1 9 February 19, 2019 - Page 99 of 24240 1- LIN russell L s5hot.Poi.s,iyc. TRESTLE • • Birdseye Massing Site Plan assuming entire site is cleared - and available for redevelopment r • with below grade parking i • �4 • 85,000 +l- sq. • • floorplate • • • ~'4 • ~'. • • • • • • • • • • 1 • • • ▪ • • • • ▪ • • • • • • • • -ti-_ _ • • • • • • • • • • • • • • • • • • • • • CIVIC AREA roWNOFIft PI NJ 2o' ." February 19, 2019 - Page 100 of 4224° SOME ? 1 L1 N russell rIlls TRESTLE 5. Discussion CIVIC AREA TOWN OF VAft PLAN 2 0 1 6 1 1 9 Request of Town Council: To provide comments/ direction to staff and team on the next steps outlined above. February 19, 2019 - Page 101 of 242241 BRAu,N rusmllls j TRE9STLE 6. Next Steps CIVIC AREA TOWN OF VAft PLAN 2 0 1 6 1 1 9 • Study/evaluate opportunities • Engage stakeholders • Engage project team • Prepare info for Engagement Window #2 February 19, 2019 - Page 102 of 222E3SRfAILIN mill s jSTLE TRE TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Parking and Transportation Task Force Update PRESENTER(S): Greg Hall, Director of Public Works ACTION REQUESTED OF COUNCIL: Provide direction to the staff regarding the recommended summer 2019 Parking plan to include: • Direct staff to continue the paid overnight fee structure put in place last summer for the summer 2018 as outlined above. BACKGROUND: The Vail Parking & Transportation Task Force met on February 8, 2019 to review statistics from the summer 2018 season as well as make recommendations for the summer 2019 parking program. The Vail Parking & Transportation Task Force makes the following recommendations: Continue the same $25 overnight parking program in the Vail Village and Lionshead parking structures as last summer with the addition of promoting the benefits and availability of the Red Sandstone Garage. Free overnight use at Red Sandstone would be available, but would be monitored for vehicle storage issues. The Task Force also recommends maintaining the exemptions described above which were offered in 2018. STAFF RECOMMENDATION: Staff recommends the Town Council approve the Parking and Transportation Task Force recommendations for the summer 2019 Parking Program. ATTACHMENTS: Description Staff Memo February 19, 2019 - Page 103 0 TOWN OF VAIL. TO: Vail Town Council FROM: Parking and Transportation Task Force Greg Hall, Director of Public Works and Transportation DATE: February 19, 2019 Memorandum SUBJECT: Parking and Transportation Task Force Recommended Summer 2019 Parking Program I. PURPOSE The purpose of this item is to: • Provide Town Council the Parking & Transportation Task Force (PATTF) recommendation for Summer 2019 Parking Program • Request Town Council approve the Summer 2019 Parking Program 11. BACKGROUND The Vail Parking & Transportation Task Force met on February 8, 2019 to review statistics from the summer 2018 season as well as make recommendations for the summer 2019 parking program. The Parking & Transportation Task Force was formed in 1999 in an advisory capacity and has been enacted through the years at the direction of the Vail Town Council. The role of the 12 - member group is to provide advisory input and recommendations on parking, transit and traffic operations. Representatives are as follows: Representing Representing Representing Representing Marks Representing Representing Representing the retail community - Meg Hanlon and Hugh Paine the restaurant community - Bill Suarez the lodging community - Brian Butts the community -at -large - Kent Johnson, Andrew Lanes and Don Vail Valley Medical Center - Darryl Flores (Cheryl Cannataro Alt.) Vail Resorts - Doug Lovell and Jeff Babb the Vail Town Council - Mayor Dave Chapin and Jen Mason The Task Force is chaired by Mayor Chapin and supported by various departments and agencies to assist with technical expertise. The adopted goal of the Town of Vail for parking during the summer is to provide a parking program in which all but 15 days of overflow parking occur. This past summer there were 17 days of overflow parking, down from 21 days the previous summer. However, the Lionshead parking structure filled 46 times last summer. 1 February 19, 2019 - Page 104 0 The significant change implemented for the summer of 2018 vs. previous summers was an overnight charge for vehicles using the structure. The specific topic was the overnight use of the garages during the summer. Based on use from August 5- September 30, 2017, the two structures averaged 346 vehicles a night in the early 4-5 AM time period. The weekday average was 294 cars while the weekend average was 456 cars. • The summer 2018 program goal was to reduce the number of vehicles parked overnight in the structures by half to increase daytime capacity by freeing up 100 to 200 parking spaces per night. The summer 2018 program included the following components: • An overnight fee of $25 which was charged for vehicles in the structure during the period of 4AMto5AM. • Exceptions were granted for nearby hotels/condos with little to no on-site parking. Vouchers were distributed to the properties and provided for guests to exit. • Exceptions were made for employees of village businesses, including Vail Health, whose overnight shifts required them to occupy the structures during these times. Parking passes were used for those employees. • The policy of free exit for users who choose safe travel arrangements to get home and then return by 11 AM to retrieve their vehicle administered through the Welcome Centers was maintained. • Parking vouchers were made available to hotels hosting large group business that caused overflow on-site parking circumstances. • Those who purchased parking passes for the 2017-18 winter season were encouraged to use their pass during the summer for ease of entry/exit. • The program was implemented from Memorial Day weekend through the end of September. Summer 2018 results (for the same time period from August 5 - September 30, 2018 as compared to 2017): 2017 average cars per night 50 % reduction 346 2018 average cars per night 174 2017 average cars per weekend night 456 2018 average cars per weekend night 247 46 % reduction Total overnight stays for all of summer 2018 season 25,766 overnight stays or an average of 204 cars per night 11,006 comp nights 87 average cars per night 43 % of total overnight stays 8,690 paid nights 69 average cars per night 34 % of total overnight stays 6,070 passes used overnight 48 average cars per night 24 % of total overnight stays III. TASK FORCE DISCUSSIONS !SUMMER 2019 In reviewing the results from summer 2018, Task Force members reacted favorably to the overall reductions in overnight vehicle storage in the parking structures. The $25 per night fee was considered to be the appropriate deterrent to discourage a significant amount of vehicle storage, thereby creating additional capacity for free parking offered during the day and limiting overflow parking on the frontage road. 2 February 19, 2019 - Page 105 0 Discussions also included recommendations related to the newly -completed Red Sandstone Parking Garage. The garage will provide 120 additional spaces every day and up to 160 spaces from June 14 to August 11 (summer break) and other non -school days outside of the summer break. This is in addition to the town receiving CDOT permission to use the 100 free parking spaces on the North Frontage Road west of the West Vail roundabout daily as was available last summer. In reviewing various options, the Task Force recommends promoting the availability of the Red Sandstone Parking Garage for use during the summer, especially on weekends and during special events such as the Fourth of July. Most members suggested the Red Sandstone Garage will be a viable option for those accessing Lionshead and will become increasingly popular as users experience its convenience. There was also acknowledgement that until the Vail Health Hospital renovations are complete in the fall of 2020 including a total of 604 spaces of on-site parking, additional analysis will be needed to determine if additional policy changes will be suggested for the future. RECOMMENDED WINTER 2017-2018 PARKING PROGRAM The Vail Parking & Transportation Task Force makes the following recommendations: Continue the same $25 overnight parking program in the Vail Village and Lionshead parking structures as last summer with the addition of promoting the benefits and availability of the Red Sandstone Garage. Free overnight use at Red Sandstone would be available, but would be monitored for vehicle storage issues. The Task Force also recommends maintaining the exemptions described above which were offered in 2018. IV. RECOMMENDED ACTIONS COSTS AND BUDGET IMPLICATIONS The summer 2018 parking program was an experimental program which was funded through a supplemental appropriation. The 2019 budget does not include funds to continue the program. The staff and task force had not yet reviewed and evaluated the program last fall. Therefore funds to continue the program in 2019 will be supplemented. The revenue collected in 2018 covered the additional expense to carry out the program. VI. ACTION REQUESTED Provide direction to the staff regarding the recommended summer 2019 Parking plan to include: • Direct staff to continue the paid overnight fee structure put in place last summer for the summer 2018 as outlined above. VII. STAFF RECOMMENDATION Staff recommends the Town Council approve the Parking and Transportation Task Force recommendations for the summer 2019 Parking Program. 3 February 19, 2019 - Page 106 0 TOWN Of UAIL VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No.2, Series 2019, An Ordinance Amending Portions of Title 4, Chapter 3, of the Vail Town Code Related to Sales Tax to Adopt Certain Statewide Standardized Definitions and to Make Revenue -Neutral Amendments Needed to Implement Those Definitions. PRESENTER(S): Carlie Smith, Financial Services Manager and Alex Jakubiec, Sale Tax Administrator ACTION REQUESTED OF COUNCIL: Approve or Approve with Amendments Ordinance No.2, Series 2019. BACKGROUND: Please See Attached Memo. STAFF RECOMMENDATION: Approve or Approve with Amendments Ordinance No.2, Series 2019. ATTACHMENTS: Description Sales Tax Standard Definitions February 19, 2019 - Page 107 0 TOWN OF VAIL' Memorandum TO: Town Council FROM: Finance Department DATE: February 19, 2019 SUBJECT: Sales Tax Standard Definitions Ordinance No.2, Series 2019 I. PURPOSE The purpose of Ordinance No. 2, Series 2019 is to standardize, amend, and simplify sales tax definitions as defined by Title 4, Chapter 3,of the Vail Town Code through the adoption of Colorado Municipal League (CML) standard tax definitions. The Town of Vail self- collects a 4% sales tax which represents approximately 39% of annual revenues. 11. BACKGROUND It has been long recognized that various home rule municipalities define the same or similar terms within their code but with varied meanings causing confusion and complexity in our tax system for the business community. The standardization of definitions was deemed desirable to streamline sales tax collections and help to minimize this complexity for businesses who file in multiple jurisdictions within the state. In 2014, the Colorado General Assembly adopted Senate Joint Resolution 14-038 asking CML to develop and lead an effort to standardize definitions. A steering committee along with many sub committees worked intensively to create a draft for review by internal stakeholders consisting of 69 municipalities and select attorneys. A draft was also circulated to representatives of external stakeholders including Colorado Retail Council, Municipal tax practitioners, and the Colorado Association of Commerce and Industry. On February 23rd 2016, a package of 106 standardized definitions was finalized and ready for review by each municipality. CML requested that municipalities asses these definitions and identify which could be adopted. Over the next two years, individual towns and cities began adopting their version of the standard definitions for sales tax code. As of January 23, 2019, 46 municipalities had adopted these definitions, with 24 remaining. February 19, 2019 - Page 108 0 In preparation to adopt the standard definitions, staff participated in the majority of internal stakeholder meetings held by CML. An extensive legal review was also performed by Hoffman, Parker, Wilson, and Carberry to identify which definitions could be adopted, based on the tax code as written. Further detailed review was conducted by staff to ensure these definitions would also be revenue neutral with regard to historical application of the code. III. DISCUSSION Due to limitations imposed by the Taxpayer's Bill of Rights, Art. X, § 20 of the Colorado Constitution ("TABOR"), staff is only recommending the adoption of definitions which will not cause material increases or decreases to tax revenues, or "revenue neutral". Minor revisions to the code were also included to preserve and clarify the Town's taxes and exemptions which may have otherwise been impacted by the new definitions. IV. ACTION REQUESTED FROM COUNCIL Staff requests that Council approve or approve with amendments Ordinance No. 2, Series 2019 upon first reading. -2 February 19, 2019 - Page 109 0 ORDINANCE NO. 2 SERIES 2019 AN ORDINANCE AMENDING PORTIONS OF TITLE 4, CHAPTER 3, OF THE VAIL TOWN CODE RELATED TO SALES TAX TO ADOPT CERTAIN STATEWIDE STANDARDIZED DEFINITIONS AND TO MAKE REVENUE -NEUTRAL AMENDMENTS NEEDED TO IMPLEMENT THOSE DEFINITIONS WHEREAS, in Senate Joint Resolution 14-038 the General Assembly asked the Colorado Municipal League to revive the tax simplification project from the 1990s to address current systemic problems associated with local tax collection; WHEREAS, the Town Council has determined that the standard tax definitions project is a major collaborative sales tax simplification initiative by Colorado's home rule municipalities that locally collect their sales tax and the retail business community; WHEREAS, the Town Council has determined that the Town will cooperate in furtherance of a statewide goal to have all locally collecting municipalities agree to use standard definitions in their sales and use tax codes; WHEREAS, the Town Council has determined that maintaining the local collection of sales and use taxes for the Town is of paramount importance to the continued financial strength of the Town; WHEREAS, the Town Council has determined that the retail business community desires better uniformity and simplicity when operating in the Town; WHEREAS, the Town Council has determined that sales tax revenue is directly tied to how well the Town's retail business community is faring, Council and staff have generally supported the idea that the Town should simplify the tax code, without sacrificing revenue; WHEREAS, the Town Council has determined that revenue -neutral tax simplification is generally construed as good for business and good for the community as a whole; WHEREAS, the Town Council has determined that, as part of the adoption of certain standard definitions, minor modifications of the Town's sales and use tax code's substantive provisions are required to ensure compliance with the Taxpayer Bill of Rights ("TABOR") by remaining revenue neutral, and that this is also an appropriate time to make minor housekeeping revisions to the sales and use tax code, which was first adopted in 1991 and has not been comprehensively revised since; WHEREAS, as part of modernizing the tax code, the Town Council has determined it is necessary to adopt the standard definition of tangible personal property to reflect the current economy that involves the transfer of digital goods and services; WHEREAS, notwithstanding the change in definitions, Town has historically and consistently taxed discreet items within this broad category of digital goods and services; 1 2/14/2019 Q: IUSERSI VAIL I ORD12019ISALES TAX -0021419. DOCX February 19, 2019 - Page 110 0 WHEREAS, in particular, the inclusion of digital products and internet subscription services as tangible personal property is consistent with prior practice, does not amount to a new tax, does not require voter approval under TABOR, and will be revenue neutral; and WHEREAS, the Town Council has also determined more generally, following careful review and recommendation by staff, that none of the changes proposed by this ordinance constitute a change in tax policy requiring voter approval under TABOR and that all of the proposed changes are revenue neutral. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 4-3-1-2 of the Vail Town Code is repealed and reenacted as follows: 4-3-1-2: DEFINITIONS: As used in this chapter, unless the context otherwise requires, the following terms shall have the following meanings: ACQUISITION CHARGES OR COSTS: Includes "purchase price" as defined in this Section. APARTMENT HOTEL: A building containing apartments that may be rented to paying guests. AUCTION: Any sale where tangible personal property is sold by an auctioneer who is either the agent for the owner of such property or is in fact the owner thereof. AUTOMOTIVE VEHICLE: Any vehicle or device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, or any device used or designed for aviation or flight in the air. Automotive vehicle includes, but is not limited to, motor vehicles, trailers, semi -trailers, or mobile homes. Automotive vehicle shall not include devices moved by human power or used exclusively upon stationary rails or tracks. BUSINESS: All activities engaged in or caused to be engaged in with the object of gain, benefit, or advantage, direct or indirect. CHARITABLE ORGANIZATION: Any entity that (1) has been certified as a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code, and (2) is an organization which exclusively, and in a manner consistent with existing laws and for the benefit of an indefinite number of persons or animals, freely and voluntarily ministers to the physical, mental, or spiritual needs of persons or animals, and thereby lessens the burden of government. 2 2/14/2019 Q: IUSERSI VAIL I ORD12019ISALES TAX -0021419. DOCX February 19, 2019 - Page 111 0 COMMERCIAL PACKAGING MATERIALS: Containers, labels, and/or cases, that become part of the finished product to the purchaser, used by or sold to a person engaged in manufacturing, compounding, wholesaling, jobbing, retailing, packaging, distributing or bottling for sale, profit or use, and is not returnable to said person for reuse. Commercial Packaging Materials does not include Commercial Shipping Materials. COMMERCIAL SHIPPING MATERIALS: Materials that do not become part of the finished product to the purchaser which are used exclusively in the shipping process. Commercial Shipping Materials include but are not limited to containers, labels, pallets, banding material and fasteners, shipping cases, shrink wrap, bubble wrap or other forms of binding, padding or protection. CONSTRUCTION AND BUILDING MATERIALS: Tangible personal property which, when combined with other tangible personal property, loses its identity to become an integral and inseparable part of a completed structure or project. Construction materials include, but are not limited to, such things as: asphalt, bricks, builders' hardware, caulking material, cement, concrete, conduit, electric wiring and connections, fireplace inserts, electrical heating and cooling equipment, flooring, glass, gravel, insulation, lath, lead, lime, lumber, macadam, millwork, mortar, oil, paint, piping, pipe valves and pipe fittings, plaster, plumbing fixtures, putty, reinforcing mesh, road base, roofing, sand, sanitary sewer pipe, sheet metal, site lighting, steel, stone, stucco, tile, trees, shrubs and other landscaping materials, wallboard, wall coping, wallpaper, weather stripping, wire netting and screen, water mains and meters, and wood preserver. The above materials, when used for forms, or other items which do not remain as an integral or inseparable part of a complete structure or project, are not construction and building materials. CONSUMER: Any person in the Town who purchases, uses, stores, distributes or otherwise consumes tangible personal property or taxable services, purchased from sources inside or outside the Town. CONTRACTOR: Any person who shall build, construct, reconstruct, alter, expand, modify, or improve any building, dwelling, structure, infrastructure, or other improvement to real property for another party pursuant to an agreement. For purposes of this definition, Contractor also includes subcontractor. COUNTY: Eagle County, Colorado. COUNTY CLERK AND RECORDER: The county clerk and recorder for the county. COVER CHARGE: A charge paid to a club or similar entertainment establishment which may, or may not, entitle the patron paying such charge to receive tangible personal property, such as food and/or beverages. 3 2/14/2019 Q: IUSERSI VAIL I ORD12019ISALES TAX -0021419. DOCX February 19, 2019 - Page 112 0 DEPARTMENT OF REVENUE: The department of revenue of the state. DIGITAL PRODUCT: An electronic product including without limitation: (1) "digital images" which means works that include, but are not limited to, the following that are generally recognized in the ordinary and usual sense as "photographs," "logos," "cartoons," or "drawings"; (2) "digital audio-visual works" which means a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any; and (3) "digital audio works" which means works that result from the fixation of a series of musical, spoken, or other sounds, including ringtones. For purposes of the definition of "digital audio works," "ringtones" means digitized sound files that are downloaded onto a device and that may be used to alert the customer with respect to a communication; and (4) "digital books" which means works that are generally recognized in the ordinary and usual sense as "books." DISTRICT COURT: The district court in and for Eagle County, Colorado. DRUGS DISPENSED IN ACCORDANCE WITH A PRESCRIPTION: Drugs dispensed in accordance with any order in writing, dated and signed by a licensed practitioner of the healing arts, or given orally by a practitioner, and immediately reduced to writing by the pharmacist, assistant pharmacist, or pharmacy intern, specifying the name and address of the person for whom the medicine or drug is offered and directions, if any, to be placed on the label. ENGAGED IN BUSINESS IN THE TOWN: Performing or providing services or selling, leasing, renting, delivering or installing tangible personal property for storage, use or consumption within the town. Engaged in business in the town includes, but is not limited to, any one of the following activities by a person: A. Directly, indirectly, or by a subsidiary maintains a building, store, office, salesroom, warehouse, or other place of business within the taxing jurisdiction; B. Sends one or more employees, agents or commissioned salespersons into the taxing jurisdiction to solicit business or to install, assemble, repair, service, or assist in the use of its products, or for demonstration or other reasons; C. Maintains one or more employees, agents or commissioned salespersons on duty at a location within the taxing jurisdiction; D. Owns, leases, rents or otherwise exercises control over real or personal property within the taxing jurisdiction; or E. Makes more than one delivery into the taxing jurisdiction within a twelve (12) month period. 4 2/14/2019 Q:IUSERSIVAILIORD120191SALES TAX-0021419.DOCX February 19, 2019 - Page 113 0 EXEMPT COMMERCIAL PACKAGING MATERIALS: Containers, labels and shipping cases sold to a person engaged in manufacturing, compounding, wholesaling, jobbing, retailing, packaging, distributing or bottling for sale, profit or use that meets all of the following conditions: A. Is used by the manufacturer, compounder, wholesaler, jobber, retailer, packager, distributor or bottler to contain or label the finished product; B. Is transferred by said person along with and as a part of the finished product to the purchaser; and C. Is not returnable to said person for reuse. FINANCE DEPARTMENT: The finance department of the Town. FINANCE DIRECTOR: The Finance Director of the Town of Vail or such other person designated by the town; Finance Director shall also include such person's designee. GARAGE SALES: Sales of tangible personal property, except automotive vehicles, occurring at the residence of the seller, where the property to be sold was originally purchased for use by members of the household where such sale is being conducted. The term includes, but is not limited to, yard sales, estate sales, and block sales. GROSS SALES: The total amount received in money, credit, property or other consideration valued in money for all sales, leases, or rentals of tangible personal property or services. GROSS TAXABLE SALES: The total amount received in money, credits, or property, excluding the fair market value of exchanged property which is to be sold thereafter in the usual course of the retailer's business, or other consideration valued in money from sales and purchases at retail within the Town and embraced within the provisions of this chapter. The taxpayer may take credit in his/her report of gross sales for an amount equal to the sale price of property returned by the purchaser when the full sale price thereof is refunded whether in cash or by credit. The fair market value of any exchanged property which is to be sold thereafter in the usual course of the retailer's business, if included in the full price of a new article, shall be excluded from the gross sales. On all sales at retail that are valued in money, when such sales are made under conditional sales contract, or under other forms of sale where the payment of the principal sum thereunder is extended over a period longer than sixty (60) days from the date of sale thereof, only such portion of the sale amount thereof may be counted for the purpose of imposition of the tax imposed by this chapter as has actually been received in cash by the taxpayer during the period for which the tax imposed by this chapter is due and payable. 5 2/14/2019 Q:IUSERSIVAILIORD120191SALES TAX-0021419.DOCX February 19, 2019 - Page 114 0 GUEST RANCH: A resort patterned after a western ranch, where overnight accommodations are offered to paying guests. GUESTHOUSE: A private single-family home, townhome or condominium that may be rented in its entirety to paying guests. INTERNET SUBSCRIPTION SERVICE: Software programs, systems, data and applications available online through rental, lease or subscription, that provide information and services including, but not limited to, data linking, data research, data analysis, data filtering or record compiling. LICENSE: A sales tax license. LINEN SERVICES: Services involving the provision and cleaning of linens, including but not limited to rags, uniforms, coveralls and diapers. MANUFACTURING: the operation or performance of an integrated series of operations which places a product, article, substance, commodity, or other tangible personal property in a form, composition or character different from that in which it was acquired whether for sale or for use by a manufacturer. The change in form, composition or character must result in a different product having a distinctive name, character or use from the raw or prepared materials. LODGING HOUSE: A private single-family home, townhome or condominium with individual rooms that may be rented to paying guests. LODGING SERVICES: The furnishing of rooms or accommodations by any person, partnership, association, corporation, estate, representative capacity or any other combination of individuals by whatever name known to a person who for a consideration uses, possesses, or has the right to use or possess any room in a hotel, apartment hotel, lodging house, motor hotel, guesthouse, guest ranch, trailer coach, mobile home, auto camp, or trailer court and park, for a period of less than thirty (30) consecutive days under any concession, permit, right of access, license to use, or other agreement, or otherwise. MAYOR: The mayor of the Town. MODIFIED COMPUTER SOFTWARE PROGRAMS: One of the following elements must be present: A. The preparation or selection of the program for the customer's uses requires an analysis of the customer's requirement by the vendor, or B. The program requires adaptation by the vendor to be used in a specific output device. 6 2/14/2019 Q:IUSERSIVAILIORD120191SALES TAX-0021419.DOCX February 19, 2019 - Page 115 0 NEWSPAPER: A publication, printed on newsprint, intended for general circulation, and published regularly at short intervals, containing information and editorials on current events and news of general interest. The term Newspaper does not include: magazines, trade publications or journals, credit bulletins, advertising inserts, circulars, directories, maps, racing programs, reprints, newspaper clipping and mailing services or listings, publications that include an updating or revision service, or books or pocket editions of books. PAY TELEVISION: Shall include, but not be limited to, cable, microwave or other television service for which a charge is imposed, except for cable or subscription television fees which are not charged on a pay per view basis. PERSON: Any individual, firm, partnership, joint venture, corporation, limited liability company, estate or trust, receiver, trustee, assignee, lessee or any person acting in a fiduciary or representative capacity, whether appointed by court or otherwise, or any group or combination acting as a unit. PRESCRIPTION DRUGS FOR ANIMALS: A drug which, prior to being dispensed or delivered, is required by the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301, et. seq., as amended, to state at a minimum the symbol "Rx Only," and is dispensed in accordance with any order in writing, dated and signed by a licensed veterinarian specifying the animal for which the medicine or drug is offered and directions, if any, to be placed on the label. PRESCRIPTION DRUGS FOR HUMANS: A drug which, prior to being dispensed or delivered, is required by the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301, et. seq., as amended, to state at a minimum the symbol "Rx Only," and is dispensed in accordance with any written or electronic order dated and signed by a licensed practitioner of the healing arts, or given orally by a practitioner and immediately reduced to writing by the pharmacist, assistant pharmacist, or pharmacy intern, specifying the name and any required information of the patient for whom the medicine, drug or poison is offered and directions, if any, to be placed on the label. PRICE OR PURCHASE PRICE: A. "Price" or "purchase price" includes: 1. The amount of money received or due in cash and credits. 2. Property at fair market value taken in exchange but not for resale in the usual course of the retailer's business. 7 2/14/2019 Q: IUSERSI VAIL I ORD12019ISALES TAX -0021419. DOCX February 19, 2019 - Page 116 0 3. Any consideration valued in money, such as trading stamps or coupons whereby the manufacturer or someone else reimburses the retailer for part of the purchase price and other media of exchange. 4. The total price charged on credit sales including finance charges which are not separately stated. An amount charged as interest on the unpaid balance of the purchase price is not part of the purchase price unless the amount added to the purchase price is included in the principal amount of a promissory note; except the interest or carrying charge set out separately from the unpaid balance of the purchase price on the face of the note is not part of the purchase price. An amount charged for insurance on the property sold and separately stated is not part of the purchase price. 5. Installation, delivery and wheeling in charges included in the purchase price and not separately stated. 6. Transportation and other charges to effect delivery of tangible personal property to the purchaser. 7. Indirect federal manufacturers' excise taxes, such as taxes on automobiles, tires and floor stock. 8. The gross purchase price of articles sold after manufacturing or after having been made to order, including the gross value of all the materials used, labor and service performed and profit thereon. B. "Price" or "purchase price" shall not include: 1. Any sales or use tax imposed by the state of Colorado or by any political subdivision thereof. 2. The fair market value of property exchanged if such property is to be sold thereafter in the retailers' usual course of business. This is not limited to exchanges in Colorado. Out of state trade-ins are an allowable adjustment to the purchase price. 3. Discounts from the original price if such discount and the corresponding decrease in sales tax due is actually passed on to the purchaser. An anticipated discount to be allowed for payment on or before a given date is not an allowable adjustment to the price in reporting gross sales. PROSTHETIC DEVICES FOR HUMANS: Any artificial limb, part, device or appliance for human use which replaces a body part or aids or replaces a bodily function; is designed, manufactured, altered or adjusted to fit a particular patient; and is prescribed by a licensed practitioner of the healing arts. Prosthetic devices 8 2/14/2019 Q: IUSERSI VAIL I ORD12019ISALES TAX -0021419. DOCX February 19, 2019 - Page 117 0 include, but are not limited to, prescribed auditory, ophthalmic or ocular, cardiac, dental, or orthopedic devices or appliances, and oxygen concentrators with related accessories. PURCHASE OR SALE: The acquisition for any consideration by any person of tangible personal property or taxable services that are purchased, leased, rented, sold, used, stored, distributed, or consumed, but excludes a bona fide gift of property or services. These terms include capital leases, installment and credit sales, and property and services acquired by: A. Transfer, either conditionally or absolutely, of title or possession or both to tangible personal property; B. A lease, lease purchase agreement, rental or grant of a license, including royalty agreements, to use tangible personal property or taxable services; the utilization of coin operated devices, except coin operated telephones, which do not vend articles of tangible personal property shall be considered short term rentals of tangible personal property; C. Performance of taxable services; or D. Barter or exchange for other property or services including coupons. E. "Sale" or "sale and purchase" excludes: 1. A division of partnership assets among the partners according to their interests in the partnership; 2. The formation of a corporation by the owners of a business and the transfer of their business assets to the corporation in exchange for all of the corporation's outstanding stock, except qualifying shares, in proportion to the assets contributed; 3. The transfer of assets of shareholders in the formation or dissolution of professional corporations; 4. The dissolution and the pro rata distribution of the corporation's assets to its stockholders; 5. The transfer of assets from a parent corporation to a subsidiary corporation or corporations which are owned at least eighty percent (80%) by the parent corporation, which transfer is solely in exchange for stock or securities of the subsidiary corporation; 6. The transfer of assets from a subsidiary corporation or corporations which are owned at least eighty percent (80%) by the parent corporation 9 2/14/2019 Q: IUSERSI VAIL I ORD12019ISALES TAX -0021419. DOCX February 19, 2019 - Page 118 0 to a parent corporation, which transfer is solely in exchange for stock or securities of the parent corporation or the subsidiary which received the assets; 7. A transfer of a partnership interest; 8. The transfer in a reorganization qualifying under Section 368(a)(1) of the Internal Revenue Code of 1954, as amended; 9. The formation of a partnership by the transfer of assets to the partnership or transfers to a partnership in exchange for proportionate interests in the partnership; 10. The repossession of personal property by a chattel mortgage holder or foreclosure by a lien holder; and 11. The transfer of assets between parent and closely held subsidiary corporations, or between subsidiary corporations closely held by the same parent corporation, or between corporations which are owned by the same shareholders in identical percentage of stock ownership amounts, computed on a share by share basis, when a tax imposed by this chapter was paid by the transferor corporation at the time it acquired such assets, except to the extent that there is an increase in the fair market value of such assets resulting from the manufacturing, fabricating, or physical changing of the assets by the transferor corporation. To such an extent any transfer referred to in this definition shall constitute a sale provided by subsection 4-3-3-3A of this chapter. For the purposes of this definition, a closely held subsidiary corporation is one in which the parent corporation owns stock possessing at least eighty percent (80%) of the total combined voting power of all classes of stock entitled to vote and owns at least eighty percent (80%) of the total number of shares of all other classes of stock. PURCHASE PRICE: The price to the consumer, exclusive of any direct tax imposed by the federal or state government or by this chapter and, in the case of all retail sales involving the exchange of property, also exclusive of the fair market value of the property exchanged at the same time and place of the exchange if: A. Such exchanged property is to be sold thereafter in the usual course of the retailer's business. B. Such exchanged property is an automotive vehicle and is exchanged for another automotive vehicle and both vehicles are subject to licensing, registration, or certification under the laws of this state, including, but not limited to, automotive vehicles operating upon public highways, off highway recreation 10 2/14/2019 Q: IUSERSI VAIL I ORD120191SALES TAX -0021419. DOCX February 19, 2019 - Page 119 0 vehicles, watercraft and aircraft. Any money or other consideration paid over and above the value of exchanged property is subject to tax. RETAIL SALES: All sales except wholesale sales. RETAILER: Any person selling, leasing, renting, or granting a license to use tangible personal property or services at retail. Retailer shall include, but is not limited to, any: (1) Auctioneer; (2) Salesperson, representative, peddler or canvasser, who makes sales as a direct or indirect agent of or obtains such property or services sold from a dealer, distributor, supervisor or employer; (3) Charitable organization or governmental entity which makes sales of tangible personal property to the public, notwithstanding the fact that the merchandise sold may have been acquired by gift or donation or that the proceeds are to be used for charitable or governmental purposes; (4) Retailer -Contractor, when acting in the capacity of a seller of building supplies, construction materials, and other tangible personal property. RETAILER -CONTRACTOR: A contractor who is also a retailer of building supplies, construction materials, or other tangible personal property, and purchases, manufactures, or fabricates such property for sale (which may include installation), repair work, time and materials jobs, and/or lump sum contracts. RETURN: Any form prescribed by Town administration for computing and reporting a total tax liability. SALES TAX: The tax that is collected or required to be collected and remitted by a retailer on sales taxed under this Code. SCHOOL: A public or nonpublic school for students in kindergarten through 12th grade or any portion thereof. SPECIAL FUEL: Kerosene oil, kerosene distillate, diesel fuel, all liquefied petroleum gases, and all combustible gases and liquids for use in the generation of power for propulsion of automotive vehicles upon the public highways. The term does not include fuel used for the propulsion or drawing of aircraft, railroad cars or railroad locomotives. SPECIAL SALES EVENT: Any sales event which includes more than three (3) Vendors taking place at a single location for a limited period of time not to exceed seven (7) consecutive days. STATE: The state of Colorado. STORAGE: Any keeping or retention of, or exercise dominion or control over, or possession of, for any length of time, tangible personal property not while in 11 2/14/2019 Q: IUSERSI VAIL I ORD12019ISALES TAX -0021419. DOCX February 19, 2019 - Page 120 0 transit but on a stand still basis for future use when leased, rented or purchased at retail from sources either within or without the City from any person or vendor. TANGIBLE PERSONAL PROPERTY: Personal property that can be one or more of the following: seen, weighed, measured, felt, touched, stored, transported, exchanged, or that is in any other manner perceptible to the senses. TAX DEFICIENCY or DEFICIENCY: any amount of tax, penalty, interest, or other fee that is not reported and/or not paid on or before the date that any return or payment of the tax is required under the terms of this Code. TAXABLE SALES: Gross sales less any exemptions and deductions specified in this Code. TAXPAYER: Any person obligated to collect and/or pay tax under the terms of this Code. TELECOMMUNICATION SERVICE: Service of which the object is the transmission of any two-way interactive electronic or electromagnetic communications including but not limited to voice, image, data and any other information, by the use of any means but not limited to wire, cable, fiber optical cable, microwave, radio wave, Voice over Internet Protocol (VoIP), or any combinations of such media, including any form of mobile two-way communication. TOWN: The municipality of Town of Vail. TOWN CLERK: The clerk of the Town. TOWN COUNCIL: The council of the Town. TOWN MANAGER: The manager of the Town. TEMPORARY SALE: A sale by any person who engages in a temporary business of selling and delivering goods within the Town for a period of no more than seven (7) consecutive days. TEMPORARY VENDOR: Any person who engages in the business of Temporary Sales. WHOLESALE SALES: A sale by wholesalers to retailers, jobbers, dealers, or other wholesalers for resale and does not include a sale by Wholesalers to users or consumers not for resale; latter types of sales shall be deemed to be Retail Sales and shall be subject to the provisions of this chapter. 12 2/14/2019 Q: IUSERSI VAIL I ORD12019ISALES TAX -0021419. DOCX February 19, 2019 - Page 121 0 WHOLESALER: Any person selling to retailers, jobbers, dealers, or other wholesalers, for resale, and not for storage, use, consumption, or distribution. Section 2. Section 4-3-2 of the Vail Town Code, subsection (C), is amended to read as follows: C. Contents; Posting: Each license shall be numbered with a town Town of Vail sales tax account number and shall show the name of the licensee and the place of business of the licensee and shall be posted in a conspicuous place at the place of business for which it is issued. If the licensee does not have a place of business, then the license shall show the mailing address of such licensee. Effective July 1, 2015, any licensee that advertises apartment hotels, lodging houses, guesthouses or guest ranch lodging services on the internet shall include the licensee's town of Vail sales tax account number in all such advertisements. Section 3. Section 4-3-3-1 of the Vail Town Code is amended as follows: There is levied, and there shall be collected and paid a sales tax in the amount stated in section 4-3-3-3 of this chapter as follows: A. Tangible Personal Property: On the purchase price paid or charged upon all sales, purchases, rentals and leases of tangible personal property at retail,. including without limitation, on the purchase price paid or charged for "digital products" and "internet subscription services" as those terms are defined in Section 4-3-1-2 of this chapter. C. Telephone, Telegraph, Telecommunications: Upon telephone and telegraph services, whether furnished by public or private corporations or enterprises, for all intrastate telecommunication services originating from or received on telecommunication equipment in the town if the charge for the service is billed to a person in the town or billed to an affiliate or division of such person in the town on behalf of a person in the town. As used herein, "telecommunication service" does not include separately stated non -transmission services which constitute computer processing applications used to act on the information to be transmitted. E. Food And Drink: 2. Upon the amount paid for food or drink served or furnished in or by restaurants, cafes, lunch counters, cafeterias, hotels, drugstores, social clubs, nightclubs, cabarets, resorts, snack bars, caterers, carryout shops, and other like places of business at which prepared food or drink is 13 2/14/2019 Q: IUSERSI VAIL I ORD120191SALES TAX -0021419. DOCX February 19, 2019 - Page 122 0 regularly sold, including sales from pushcarts, motor automotive vehicles, and other mobile facilities. Cover charges shall be included taxable only when the amount includes -. - e - _ . _ food or drink. The amount paid for sales of meals by any of the employees of the above listed establishments, whether at full price or at reduced price, shall be included herein. Section 4. Section 4-3-3-3 of the Vail Town Code, subsection (D), is amended to read as follows: D. Nonprofit Charitable Organization Exempted: Special accounting sales by qualified nonprofit charitable organizations. Nonprofit Charitable organizations selling taxable "tangible personal property" or services as defined by this code must collect sales tax and purchasers must pay sales tax on such sales, subject to the conditions set forth below. It is the desire of the town council that the taxes collected by qualified nonprofit charitable organizations be retained by that organization as a contribution of additional funds to be used in the course of that organization's charitable service to the community. Therefore, organizations are not required to remit or report sales tax collections to the town provided that the organization meets the following criteria: Section 5. Section 4-3-3-6 of the Vail Town Code is amended to read as follows: The following goods and services shall be exempt from sales tax under the provisions of this chapter: E. "Medical supplies" as defined in section 4 3 1 2 of this chapter. Prescription drugs for humans; glucose usable for treatment of insulin reactions; urine and blood testing kits and materials; insulin measuring and injecting devices, including hypodermic syringes and needles; oxygen, oxygen concentrators and oxygen -related accessories for medical use; prosthetic devices; wheelchairs and hospital beds; drugs or materials when furnished by a doctor as part of professional services provided to a patient; and corrective eyeglasses, contact lenses, or hearing aids. F. All sales made to schools, including post -secondary schools, other than schools or post -secondary schools held or conducted for private or corporate profit. For purposes of this exemption, post -secondary schools are schools for enrollment after 12th grade. 14 2/14/2019 Q:IUSERSIVAILIORD120191SALES TAX-0021419.DOCX February 19, 2019 - Page 123 0 H. The transfer of tangible personal property without consideration (other than the purchase, sales or promotion of the transferor's product) to a vendee located outside the town for use outside the town in selling products normally sold at y wholesale sales by the transferor. I. All commodities which are taxed under the provisions of Colorado Revised Statutes title 39, article 27, and all commodities which are taxed under such provisions and for which the tax is refunded, and the sale of special fuel, as defined in Colorado Revised Statutes section 39 27 201(8), and the sale of fuel used for the operation of farm vehicles are being used on farms and ranches. L. 1. Sales to and purchases of tangible personal property, including without limitation sales and purchases of commercial packaging materials, commercial shipping materials, containers, labels, or the furnished shipping cases thereof, by a person engaged in the business of manufacturing, compounding for sale, profit or use, any article, substance, or commodity,. which when the tangible personal property enters into the processing of or becomes an ingredient or component part of the product or service which that is manufactured, compounded or furnished, and the container, label, or the furnished shipping case thereof, shall be exempt from taxation under this chapter. N. In any case in which a sales tax has been imposed under this chapter on lubricating oil used other than in motor automotive vehicles, the purchaser thereof shall be entitled to a refund equal to the amount of the sales tax paid on that portion of the sales tax price thereof which is attributable to the federal excise tax imposed on the sale of such lubricating oil. The refund allowed under this subsection shall be paid by the finance director upon receiving under section 6425 of the Internal Revenue Code of 1954, as amended, a refund of the federal excise tax paid on the sale of such lubricating oil. The claim for a refund shall be made upon forms furnished by the finance department. P. All sales and purchases of newsprint and printer's ink for use by publishers of newspapers and commcrcial printcrs and all sales and purchases of newspapers", as such term is defined in Colorado Revised Statutes section 24 70 102. T. Garage or yard sales but only when the sales are conducted in a residential area; the sales do not exceed a consecutive three (3) day period nor a total of six (6) days per calendar year; the sales are not conducted by a 15 2/14/2019 Q: IUSERSI VAIL I ORD120191SALES TAX -0021419. DOCX February 19, 2019 - Page 124 0 professional or compensated agent of the owner of the items to be sold; and 3) the items for sale are not also held out for sale in a commercial establishment. Section 6. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not 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 7. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of February, 2019 and a public hearing for second reading of this Ordinance set for the 6th day of March, 2019, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Tammy Nagel, Town Clerk 16 David Chapin, Mayor 2/14/2019 Q: IUSERSI VAIL I ORD120191SALES TAX -0021419. DOCX February 19, 2019 - Page 125 0 TOWN Of UAIL VAIL TOWN COUNCIL AGENDA MEMO IT EM/TOPIC: Ordinance No. 1, Series of 2019, An ordinance for a Zone District Boundary Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code to allow the rezoning of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Low Density Multiple - Family District and setting forth details in regard thereto. PRESENTER(S): Jonathan Spence, Senior Planner ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 1, Series of 2019, upon first reading. BACKGROUND: The applicant, Bighorn Townhouse Association, represented by Mauriello Planning Group, is requesting a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Low Density Multiple -Family District (LDMF). This application is being processed concurrently with a Land Use Plan Amendment (PEC18-0046) that will facilitate, if approved by the Town Council, an application for the development of the subject property for residential garages. STAFF RECOMMENDATION: On January 14, 2019, the Planning and Environmental Commission (PEC) forwarded a unanimous recommendation, for approval, for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code ATTACHMENTS: Description Staff Memorandum Attachment A. Ordinance No. 1, Series of 2019 Attachment B. Staff Memorandum, PEC18-0039, January 14, 2019 Attachment C. PEC Minutes, January 14, 2019 Attachment D. Bighorn Townhouses Rezoning and Setback Variance narrative dated December 15, 2018 February 19, 2019 - Page 126 0 TOWN OF vain Memorandum TO: Vail Town Council FROM: Community Development Department DATE: February 19, 2019 SUBJECT: First reading of Ordinance No. 1, Series of 2019, an ordinance to allow for the rezoning of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Low Density Multiple -Family District and setting forth details in regard thereto. (PEC18-0039) Applicant: Bighorn Townhouse Association, represented by Mauriello Planning Group Planner: Jonathan Spence I. SUMMARY The applicant, Bighorn Townhouse Association, represented by Mauriello Planning Group, is requesting a first reading of Ordinance No. 1, Series of 2019, an ordinance to allow for the rezoning of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Low Density Multiple -Family District and setting forth details in regard thereto. On January 14, 2019, the Planning and Environmental Commission (PEC) forwarded a unanimous recommendation, for approval, for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code. Please find the staff memorandum to the PEC included as Attachment B and the minutes from the January 14th meeting included as Attachment C. II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 1, Series of 2019, upon first reading. III. DESCRIPTION OF THE REQUEST The applicant is requesting a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses February 19, 2019 - Page 127 0 recorded November 13, 1968) from unidentified to Low Density Multiple -Family District (LDMF). This application is being processed concurrently with a Land Use Plan Amendment (PEC18-0046) that will facilitate, if approved by the Town Council, an application for the development of the subject property for residential garages. The map below shows the existing Official Zoning Map and the result of the amendment, if approved by the Town Council. Zone District Amendment Proposal Bighorn Townhouses 4722 Meadow Drive ® Low Density Multiple -Family (LDMF) =Residential Cluster (RC) =Two -Family Primary/Secondary Residential (PS) =Outdoor Recreation (OR) e 0 25 50 Feet 100 n aorca.eoyeeTm� orreancOMMII,oe pn p en. uae 0/5.3,001, ergehealpirposesoky Tie mui oreaneoea La&siieryor euie uomm.saeo Moidufi'esFiry4:1220erea8) TOV111 PF VAIL IV. BACKGROUND Subject Property The Bighorn Townhouses, a residential development consisting of two, four -unit buildings and a related subdivision plat, was developed under Eagle County jurisdiction in 1968. At the time, the plat included four tracts (A, B, C and D and the "Parking Easement" parcel), as shown below: Town of Vail Page 2 February 19, 2019 - Page 128 0 Sours LIRE SECTIT il: Wilk'rf� 4r�I = o (43 f F4 ..6:'73':4 E —•aF A4 raw -3HON 14 E•67 PP Si COPSE.' SW ,E4 sF LOT I BLOCK r i I 11 I/ 4 SEC. i2, r, } S., N 1511 a* P. Po I g&SHORN SUBDIVISION FIFTH ADDITION As part of a larger annexation, the subject property and the surrounding areas were annexed into the Town of Vail via Ordinance No. 13, Series of 1974. Due to the presence of the King Arthur's Court Avalanche area located directly to the south and the consensus that the parcels were undevelopable, tracts C and D were deeded to the Town of Vail for one dollar in 1977. The Bighorn Townhouse Association retained ownership of the "Parking Easement" parcel although there was some confusion that the Town of Vail might be the owner. This issue was resolved by court order in 2013 that decreed the association as the rightful owner. Although all annexed lands included in the 1974 East Vail annexation received interim zoning via Ordinance No. 15, Series of 1974, how the "Parking Easement" parcel came to have no current (2019) designation on either the Vail Land Use Plan Map or the Official Zoning Map is quite confusing. Dominic Mauriello with the Mauriello Planning Group has done an admirable job detailing this history in pages 6-11 of the Bighorn Townhouses Rezoning and Setback Variance narrative, included for reference as Attachment D. V. REVIEW CRITERIA Per Section 12-3-7, Amendment, Vail Town Code, before acting on a zone district boundary amendment application, the PEC and Town Council shall consider the following factors with respect to this proposal: Town of Vail Page3 February 19, 2019 - Page 129 0 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. Staff finds the proposed rezoning to be consistent with the following goals of the Vail Land Use Plan: 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. 1.12 Vail should accommodate most of the additional growth in existing developed areas (in fill areas). 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. Staff finds the proposed rezoning to be consistent with the following general and specific purposes of the Town's adopted Zoning Regulations: 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. Town of Vail Page 4 February 19, 2019 - Page 130 0 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Staff finds the proposed rezoning to be consistent with the following purpose of the Low Density Multiple -Family (LDMF) District identified in Section 12-6F-1, Purpose, Vail Town Code: The low density multiple -family district is intended to provide sites for single-family, two-family and multiple -family dwellings at a density not exceeding nine (9) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The low density multiple -family district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with low density occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. Therefore, Staff finds the proposed rezoning meets this review criterion. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents. Existing surrounding uses include multi -family residential, open space and active park uses. The scale and intensity of these uses is compatible with the uses permitted under the Low Town of Vail Page 5 February 19, 2019 - Page 131 0 Density Multiple -Family (LDMF) District. The Vail Land Use Plan, as amended, identifies the subject properties and many of those in the general vicinity as Low Density Residential. Staff finds that the proposed rezoning is suitable with the existing and potential uses on the site and with potential and existing surrounding uses. Therefore, Staff finds the proposed rezoning meets this review criterion. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The proposed zone district amendment from unidentified to the Low Density Multiple -Family (LDMF) District for the property located at 4722 Meadow Drive will allow for development that is harmonious with its surrounding uses. Potential concerns including vehicular circulation and visual impacts will be reviewed for required compliance with the Vail Town Code. The proposed amendment allows for the development of residential garages. Therefore, Staff finds the proposed rezoning meets this review criterion. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. The development standards of Low Density Multiple -Family (LDMF) District will ensure appropriate, compatible development that is in the best interest of the community. This zoning amendment does not result in the granting of privilege nor is it incompatible with the Vail Comprehensive Plan, two tests for a determination of spot zoning. Therefore, Staff does not believe the applicant's proposal constitutes a spot zoning and finds the proposed rezoning meets this review criterion. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. Staff finds that rezoning of the subject properties from unidentified to the Low Density Multiple -Family (LDMF) District will not substantially alter the impacts on the natural environment in comparison to existing conditions. All appropriate measures to address issues including stormwater run off and water quality shall be required with any development proposal. The property does not contain any desirable natural features for consideration. Therefore, Staff finds the proposed rezoning meets this review criterion. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. As identified above, Staff finds that the proposed rezoning is consistent with the purpose of the Low Density Multiple -Family (LDMF) District. The rezoning and subsequent development Town of Vail Page 6 February 19, 2019 - Page 132 0 further the purpose of the zone district by providing a suitable location for residential garages, designed and constructed to maintain the desirable residential qualities of the district, and the greater neighborhood. Therefore, Staff believes the proposed rezoning meets this review criterion. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. As described in detail in the applicant's narrative, the historical zoning of the subject parcel is uncertain. As a result, the current Official Zoning Map has no designation for this property. Therefore, Staff believes this criterion is not applicable to this application. 8. Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. VI. RECOMMENDED MOTION Should the Vail Town Council choose to approve Ordinance No.1, Series of 2019, upon first reading, the Community Development Department recommends the Council pass the following motion: "The Vail Town Council approves, on first reading, Ordinance No. 1, Series of 2019, ordinance to allow for the rezoning of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Low Density Multiple -Family District and setting forth details in regard thereto" Should the Vail Town Council choose to approve Ordinance No. 1 Series of 2019, the Community Development Department recommends the Council make the following findings: "Based upon the review of the criteria outlined in Sections VIII of the Staff memorandum to the Planning and Environmental Commission dated January 14, 2019 and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its Town of Vail Page7 February 19, 2019 - Page 133 0 established character as a resort and residential community of the highest quality." VII. ATTACHMENTS A. Ordinance No. 1, Series of 2019 B. Staff Memorandum, PEC18-0039, January 14, 2019 C. PEC Minutes, January 14, 2019 D. Bighorn Townhouses Rezoning and Setback Variance narrative dated December 15, 2018 Town of Vail Page8 February 19, 2019 - Page 134 0 ORDINANCE NO. 1 SERIES OF 2019 AN ORDINANCE FOR A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO ALLOW THE REZONING OF 4722 MEADOW DRIVE (BIGHORN TOWNHOUSES "PARKING EASEMENT" PARCEL, AS SHOWN ON THE PLAT OF BIGHORN TOWNHOUSES RECORDED NOVEMBER 13, 1968) FROM UNIDENTIFIED TO LOW DENSITY MULTIPLE -FAMILY DISTRICT AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending a zone district boundary; WHEREAS, the subject property, described in Exhibit A, attached hereto and incorporated herein by this reference, (the "subject property"); WHEREAS, on August 7, 1973, the Town of Vail adopted Ordinance No. 8, Series of 1973, to establish comprehensive zoning regulations for the Town of Vail; WHEREAS, the purpose of this amendment is to establish a development site with uniform zoning for the Bighorn Townhouses; WHEREAS, on January 14, 2019, the Town of Vail Planning and Environmental Commission held a public hearing on the zone district boundary amendment to rezone the subject property from unidentified to Low Density Multiple -Family District; and, WHEREAS, on January 14, 2019 the Town of Vail Planning and Environmental Commission forwarded a unanimous recommendation of approval to the Vail Town Council for the zone district boundary amendment; WHEREAS, the Vail Town Council finds and determines that the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and, WHEREAS, the Vail Town Council finds and determines that the amendment to the Town Code furthers the general and specific purposes of the Zoning Regulations; and, Ordinance No. 1, Series 2019 February 19, 2019 - Page 135 0 WHEREAS, the Vail Town Council finds and determines that the amendment promotes the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. This ordinance adopts the following zone district boundary amendment as further described in Exhibit A: A rezoning from unidentified to Low Density Multiple -Family District Section 2. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the follows: a. The zone district boundary amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; b. The zone district boundary amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, c. The zone district boundary amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. d. This ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 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 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 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 Ordinance No. 1, Series 2019 2 February 19, 2019 - Page 136 0 any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of February, 2019, and a public hearing for second reading of this Ordinance set for the 5th day of March, 2019, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 5th day of March, 2019. ATTEST: Tammy Nagel, Town Clerk Ordinance No. 1, Series 2019 -3 Dave Chapin, Mayor February 19, 2019 - Page 137 0 Exhibit A Zone District Amendment Proposal Bighorn Townhouses 4722 Meadow Drive Existing I,*61,14111141145_, Zoning: Not Designated ProposedrZoning: Law Density Multiple -Family Law Density Multiple -Family (LDMF) =Residential Cluster (RC) =Two -Family Primary/Secondary Residential (PS) ©Outdoor Recreation (OR) 0 ',mg., FocNery 12.2019 Ing eI YA' rcr/ Ordinance No. 1, Series 2019 4 February 19, 2019 - Page 138 0 TOWN OF VAIL Memorandum To: Planning and Environmental Commission From: Community Development Department Date: January 14, 2019 Subject: A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Low Density Multiple -Family District and setting forth details in regard thereto. (PEC18-0039) Applicant: Bighorn Townhouse Association, represented by Mauriello Planning Group Planner: Jonathan Spence I. SUMMARY The applicant, Bighorn Townhouse Association, represented by Mauriello Planning Group, is requesting a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Low Density Multiple -Family District (LDMF). 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 forwards a recommendation of approval, to the Vail Town Council, for a zone district boundary amendment, subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant is requesting a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Low Density Multiple -Family District (LDMF). This application is being processed concurrently with a Land Use Plan Amendment (PEC18- 0046) that will facilitate, if approved by the Town Council, an application for the development of the subject property for residential garages. February 19, 2019 - Page 139 0 The map below shows the existing Official Zoning Map and the result of the amendment, if approved by the Town Council. Zone District Amendment Proposal Bighorn Townhouses 4722 Meadow Drive =. Low Density Multiple -Family (LOMF) '!Residential Cluster (RC) 1 1Two-Family Primary/Secondary Residential (P5) Outdoor Recreation (OR) 0 25 00 100 ••• •'..•••'p•W'•'..'•..' dcmclr8.201.9 ran if III. BACKGROUND Subject Property The Bighorn Townhouses, a residential development consisting of two, four -unit buildings and a related subdivision plat, was developed under Eagle County jurisdiction in 1968. At the time, the plat included four tracts (A, B, C and D and the "Parking Easement" parcel, as shown below: Town of Vail Page 2 February 19, 2019 - Page 140 0 f`e nk J 1/4v f Cir . 11Mw 7 SeurF1 USE 9ECtYner IS• r n ,F 1•1 ii .a. , le e w«a F: 11 Td i . F04a r • r TRACT C :eco InF*s TRACT 0 F 4 • l4 —SI, S. I4 a SO PC 5fCQNNE4 SM ,+'4 SF I • LOT 1 ELOCK T KF 114. ES. 12, i}S.` Fl 05W ero FW I g1GHORN FIFTH AoDr1'O4 1 SUBDIVISION As part of a larger annexation, the subject property and the surrounding areas were annexed into the Town of Vail via Ordinance No. 13, Series of 1974. Due to the presence of the King Arthur's Court Avalanche area located directly to the south and the consensus that the parcels were undevelopable, tracts C and D were deeded to the Town of Vail for one dollar in 1977. The Bighorn Townhouse Association retained ownership of the "Parking Easement" parcel although there was some confusion that the Town of Vail might be the owner. This issue was resolved by court order in 2013 that decreed the association as the rightful owner. Although all annexed lands included in the 1974 East Vail annexation received interim zoning via Ordinance No. 15, Series of 1974, how the "Parking Easement" parcel came to have no current (2019) designation on either the Vail Land Use Plan Map or the Official Zoning Map is quite confusing. Dominic Mauriello with the Mauriello Planning Group has done an admirable job detailing this history in pages 6-11 of the Bighorn Townhouses Rezoning and Setback Variance narrative, included for reference as Attachment B. Town of Vail Page 3 February 19, 2019 - Page 141 0 IV. APPLICABLE PLANNING DOCUMENTS A. Town of Vail Land Use Plan Chapter 11- Land Use Goals and Policies (In Part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth / Development 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. 1.2. The quality of the environment including air, water and other natural resources should be protected as the Town grows. 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. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. Town of Vail Page 4 February 19, 2019 - Page 142 0 B. Title 12, Zoning Regulations, Vail Town Code (in part) Chapter 12-1: Title, Purpose and Applicability 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 8. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Article 12-6F Low Density Multiple -Family (LDMF) District 12-6F-1: PURPOSE: The low density multiple -family district is intended to provide sites for single-family, two - Town of Vail Page 5 February 19, 2019 - Page 143 0 family and multiple -family dwellings at a density not exceeding nine (9) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The low density multiple -family district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with low density occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. 12-6F-2: PERMITTED USES: The following uses shall be permitted in the LDMF district: Employee housing units, as further regulated by chapter 13 of this title. Multiple -family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. 12-6F-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities, as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Town of Vail Page 6 February 19, 2019 - Page 144 0 Religious institutions. Ski lifts and tows. 12-6F-4: ACCESSORY USES: The following accessory uses shall be permitted in the LDMF district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single-family, two-family or low density multiple -family residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-6F-5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10, 000) square feet of buildable area and each site shall have a minimum frontage of thirty feet (30). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80') on each side within its boundaries. 12-6F-6: SETBACKS: In the LDMF district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20). 12-6F-7: HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed thirty five feet (35). For a sloping roof, the height of buildings shall not exceed thirty eight feet (38). 12-6F-8: DENSITY CONTROL: A. Gross Residential Floor Area: Not more than forty four (44) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. Total density shall not exceed nine (9) dwelling units per acre of buildable site area. A dwelling unit in a multiple -family building may include one attached Town of Vail Page 7 February 19, 2019 - Page 145 0 accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. B. Exemptions: All projects that have received final design review board approval as of December 19, 1978, shall be exempt from the changes in this section as long as the project commences within one year from the date of final approval. If the project is to be developed in stages, each stage shall be commenced within one year after the completion of the previous stage. 12-6F-9: SITE COVERAGE: Site coverage shall not exceed thirty five percent (35%) of the total site area. 12-6F-10: LANDSCAPING AND SITE DEVELOPMENT: At least forty percent (40%) of each site shall be landscaped. The minimum of any area qualifying as landscaping shall be fifteen feet (15') with a minimum area not less than three hundred (300) square feet. 12-6F-11: PARKING: Off street parking shall be provided in accordance with chapter 10 of this title. No parking shall be located in any required front setback area, except as may be specifically authorized in accordance with the provisions of chapter 17 of this title. V. SURROUNDING LAND USES Land Uses Zoning North: Residential Low Density Multiple -family (LDMF) South: Undeveloped US Forest (County) East: Undeveloped Outdoor Recreation (OR) (Town Owned) West: Residential Residential Cluster (RC) VI. SITE ANALYSIS Address: 4722 Meadow Drive Legal Description: (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968 Zoning: TBD Land Use Plan Designation: TBD (See PEC18-0046) Current Land Use: Surface Parking Geological Hazards: None (Formerly impacted by avalanche hazard prior to hazard map amendment) Town of Vail Page 8 February 19, 2019 - Page 146 0 Dimensional Requirements Standard Allowed / Required LDMF Subject Parcel Complies (Y/N) Site Area Min. 10,000 sq. ft. 15,129 sq. ft. (.347 acres) Yes Frontage Min. 30 ft. 200 ft. Yes Site Dimension Square area eighty feet (80') on each side 80' by 72' square No* Height Flat or Mansard Roof — 35' Sloping Roof — 38' TBD TBD Site Coverage Max. 35% of site area or 17,234 sq. ft. TBD TBD *The subject site is a component of the Bighorn Townhouse Development Lot. The subject parcel is not and will not be a standalone development site. This will be ensured through a future plat note and a clause in the rezoning ordinance. VII. ZONE DISTRICT BOUNDARY AMENDMENT CRITERIA Per Section 12-3-7, Amendment, Vail Town Code, before acting on a zone district boundary amendment application, the Planning and Environmental Commission shall consider the following factors with respect to this proposal: Note* Staff's analysis is based on an assumption that the Vail Land Use Plan is recommended for approval and adopted by resolution. 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. Staff finds the proposed rezoning to be consistent with the following goals of the Vail Land Use Plan: 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. 1.12 Vail should accommodate most of the additional growth in existing developed areas (in fill areas). Town of Vail Page 9 February 19, 2019 - Page 147 0 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. Staff finds the proposed rezoning to be consistent with the following general and specific purposes of the Town's adopted Zoning Regulations: 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. Town of Vail Page 10 February 19, 2019 - Page 148 0 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Staff finds the proposed rezoning to be consistent with the following purpose of the Low Density Multiple -Family (LDMF) District identified in Section 12-6F-1, Purpose, Vail Town Code: The low density multiple -family district is intended to provide sites for single- family, two-family and multiple -family dwellings at a density not exceeding nine (9) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The low density multiple -family district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with low density occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. Therefore, Staff finds the proposed rezoning meets this review criterion. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents. Existing surrounding uses include multi -family residential, open space and active park uses. The scale and intensity of these uses is compatible with the uses permitted under the Low Density Multiple -Family (LDMF) District. The Vail Land Use Plan, as amended, identifies the subject properties and many of those in the general vicinity as Low Density Residential. Staff finds that the proposed rezoning is suitable with the existing and potential uses on the site and with potential and existing surrounding uses. Therefore, Staff finds the proposed rezoning meets this review criterion. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The proposed zone district amendment from unidentified to the Low Density Multiple - Family (LDMF) District for the property located at 4722 Meadow Drive will allow for development that is harmonious with its surrounding uses. Potential concerns including vehicular circulation and visual impacts will be reviewed for required compliance with Town of Vail Page 11 February 19, 2019 - Page 149 0 the Vail Town Code. The proposed amendment allows for the development of residential garages. Therefore, Staff finds the proposed rezoning meets this review criterion. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. The development standards of Low Density Multiple -Family (LDMF) District will ensure appropriate, compatible development that is in the best interest of the community. This zoning amendment does not result in the granting of privilege nor is it incompatible with the Vail Comprehensive Plan, two tests for a determination of spot zoning. Therefore, Staff does not believe the applicant's proposal constitutes a spot zoning and finds the proposed rezoning meets this review criterion. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. Staff finds that rezoning of the subject properties from unidentified to the Low Density Multiple -Family (LDMF) District will not substantially alter the impacts on the natural environment in comparison to existing conditions. All appropriate measures to address issues including stormwater run off and water quality shall be required with any development proposal. The property does not contain any desirable natural features for consideration. Therefore, Staff finds the proposed rezoning meets this review criterion. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. As identified above, Staff finds that the proposed rezoning is consistent with the purpose of the Low Density Multiple -Family (LDMF) District. The rezoning and subsequent development further the purpose of the zone district by providing a suitable location for residential garages, designed and constructed to maintain the desirable residential qualities of the district, and the greater neighborhood. Therefore, Staff believes the proposed rezoning meets this review criterion. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. As described in detail in the applicant's narrative, the historical zoning of the subject parcel is uncertain. As a result, the current Official Zoning Map has no designation for this property. Therefore, Staff believes this criterion is not applicable to this application. Town of Vail Page 12 February 19, 2019 - Page 150 0 8. Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. VIII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, to the Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Low Density Multiple -Family District and setting forth details in regard thereto (PEC18-0039). Staff's recommendation is based upon the review of the criteria described in Section VII of this memorandum and the evidence and testimony presented. It should be noted that if the Planning and Environmental Commission chooses to recommend approval, it is contingent on the Town Council approving PEC18-0046, the Land Use Plan Map Amendment. Should the Planning and Environmental Commission choose to forward a recommendation of approval, for this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Low Density Multiple -Family District and setting forth details in regard thereto. (PEC18-0039)" Should the Planning and Environmental Commission choose to forward a recommendation of approval, for this request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section VII this Staff memorandum to the Planning and Environmental Commission dated January 14, 2019, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Town of Vail Page 13 February 19, 2019 - Page 151 0 2. That the amendment furthers the general and specific purposes of the zoning regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. IX. ATTACHMENTS A. Vicinity Map B. Bighorn Townhouses Rezoning and Setback Variance narrative dated December 15, 2018 Town of Vail Page 14 February 19, 2019 - Page 152 0 TOWN LIFO January 14, 2019, 1:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 PLANNING AND ENVIRONMENTAL COMMISSION 1. Call to Order 1.1. Attendance Present: Ludwig Kurz, Karen Perez, Pam Hopkins, Brian Stockmar, Rollie Kjesbo and Brian Gillette (arrived at 1:05PM) Absent: John -Ryan Lockman 2. Main Agenda 2.1. A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to allow for an increase in the maximum size of a Type III Employee Housing Unit. (PEC18-0031) The applicant has requested this item be continued to the a future regularly scheduled meeting of the Planning and Environmental Commission. This item will be re -noticed at that time. Applicant: Mauriello Planning Group Planner: Chris Neubecker Karen Perez moved to table to a future date. Ludwig Kurz seconded the motion and it passed (5-0). Absent: (2) Gillette, Lockman 2.2. A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 14-10-5, Building Materials and Design, Vail Town Code, and Section 14-10-8, Landscaping, Drainage and Erosion Control, Vail Town Code, relating to wildfire protection and the proposed adoption of the International Wildland Urban Interface Code, and setting forth details in regard thereto. (PEC 18-0035) The applicant has requested this item be tabled to the January 28, 2019 regularly scheduled meeting of the Planning and Environmental Commission. Applicant: Vail Fire & Emergency Services Planner: Chris Neubecker Ludwig Kurz moved to table to January 28, 2019. Pam Hopkins seconded the motion and it passed (5-0). Absent: (2) Gillette, Lockman 2 min. 2 min. February 19, 2019 - Page 153 0 2.3. A request for review of Major Exterior Alteration, pursuant to Section 12-7H- 2 min. 7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0034) The applicant requests that this item be tabled to the January 28, 2019 PEC meeting. Applicant: Lazier Lionshead LLC, represented by Braun Associates Inc. Planner: Jonathan Spence Pam Hopkins moved to table to January 28, 2019. Ludwig Kurz seconded the motion and it passed (5-0). Absent: (2) Gillette, Lockman 2.4. A request for the review a variance from Section 12-7H-10, Setbacks, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a side setback of zero feet (0') where ten feet (10') is required for a new multifamily structure, located at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC 18-0036) The applicant requests that this item be tabled to the January 28, 2019 PEC meeting. Applicant: Lazier Lionshead LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence Ludwig Kurz moved to table to January 28, 2019. Pam Hopkins seconded the motion and it passed (6-0). Absent: (1) Lockman 2 min. 2.5. A request for a recommendation to the Vail Town Council for a review of the 10 min. Vail Land Use Plan map amendment, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the designation of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Medium Density Residential, and setting forth details in regard thereto. (PEC 18-0046) Applicant: Town of Vail Planner: Jonathan Spence Jonathan Spence gave a presentation on Items 2.5 and 2.6 together. They will require separate motions, but will be presented and discussed together. Spence presented the Land Use Plan map, and zoning map. There is no zoning designation on this property. The Town's maps do not have a designation for Land Use or Zoning for this site. Proposal is to apply the same Land Use and Zoning as the adjacent property. This site is part of the Bighorn Townhouses development lot. Medium Density Residential zoning is proposed. Garages for the townhouses are planned by the applicant. Hopkins — Is this still in the avalanche zone? Spence — No — Previously this was in avalanche zone. As a result, the February 19, 2019 - Page 154 c property was transferred to the Town. The map was later amended, based on additional studies. None of these parcels are within Red Avalanche areas. Stockmar — The plat shows a roadway circle. Has that been vacated? Spence — No, not yet. It is planned to be vacated in the future. Dominic Mauriello, representative for Bighorn Townhome Association - . Staff's memo was comprehensive. We have nothing to add. Public Comment — None Ludwig Kurz moved to approve. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Lockman 2.6. A request for a recommendation to the Vail Town Council for a zone district 10 min. boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Low Density Multi -Family District and setting forth details in regard thereto. (PEC18-0039) Applicant: Bighorn Townhouse Association, represented by Mauriello Planning Group Planner: Jonathan Spence Public Comment - None Brian Gillette moved to approve. Ludwig Kurz seconded the motion and it passed (6-0). Absent: (1) Lockman 2.7. A request for the review a variance from Section 12-6F-6, Setbacks, Vail 10 min. Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a rear setback of zero feet (0') where twenty feet (20') is required for a detached garage, located at 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968), and setting forth details in regard thereto. (PEC 18-0038) Applicant: Bighorn Townhouse Association, represented by Mauriello Planning Group Planner: Jonathan Spence 1. "Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal; and 2. The applicant shall clearly demonstrate, via an Improvement Location Certificate (ILC), to the Community Development Department prior to requesting a final planning inspection that improvements have been constructed per plan." 3. Prior to submitting an application for a building permit, they applicant shall record with the Eagle County Clerk and Recorder an amended plat for the subject property which removes the 30' wide road February 19, 2019 - Page 155 0 easement that currently encumbers the property. This plat shall include a note that conveys that the subject parcel is not a stand alone development site but rather a part of the Bighorn Townhouse Development Lot. Spence described the proposal. It will be contingent upon the applicant successfully obtaining approvals for Items 2.5 and 2.6, on the zoning and Land Use Map amendment. The applicant has considered several designs for possible garages. The proposed design and layout was deemed the most appropriate. In the past, lack of an enclosed garage has been deemed a hardship. Dominic Mauriello, representative for Bighorn Townhome Association. — There are 8 units on the property, but only 6 units are allowed. Owners have had to obtain a number of variances, due to some nonconforming conditions. Owners have determined that they did not want additional units, but have focused on building garages. Lack of a garage has been deemed a hardship in this neighborhood in the past. These buildings were built before annexation into the Town. Setbacks we changed for this property after construction of the units. Mauriello showed a map showing the areas of encroachment. He showed how one garage on the south side of the lot would encroach into the setback. The proposed layout was decided to be the best solution. The adjacent property is open space, and not a developed lot. Perez — Does the Town of Vail own Tract C and D? Mauriello — Yes. We felt it was best to maintain the setback on the north, near the road. But feel it's reasonable for the setback variance on the south. There are examples of other properties with similar variances. Perez- Please explain the road easement. If this is vacated, Tract C will not have legal access to a right-of-way. Mauriello — We are only asking to vacate the part of the easement on Bighorn Townhomes property, not that portion on Town property. Perez — My question is if Tract C would be left landlocked if the easement is vacated. Mauriello — Tract C and D are owned by the Town. Access could be provided across Tract D. Perez — Where is Tract A and B? Mauriello — They are the parcels that the Bighorn Townhouses sit on. Public Comment - None Ludwig Kurz moved to approve with conditions. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Lockman February 19, 2019 - Page 156 0 2.8. A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to allow for a subdivision to reconfigure the property line between 2420 Chamonix Road/Parcel D, Chamonix Vail Community (previously known as Parcel B, Vail Das Schone Filing 1), and the 2399 N. Frontage Road W/Vail Das Schone Filing 1, Parcel A, a resubdivision of Tract D, and setting forth details in regard thereto. (PEC18- 0042) This application has been withdrawn. Applicant: Town of Vail, represented by George Ruther Planner: Chris Neubecker 2.9. A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of 2399 N. Frontage Road W./Vail Das Schone Filing 1, Parcel and setting forth details in regard thereto. The rezoning will change a portion of the site from General Use (GU) to Housing (H). (PEC18-0043) This application has been withdrawn. Applicant: Town of Vail, represented by George Ruther Planner: Chris Neubecker 2.10. A request for issuance of a conditional use permit pursuant to Section 12- 61-3, Conditional Uses, Vail Town Code, pursuant to the requirements of Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, to allow for the development of market rate dwelling units within the Housing (H) zone district, located at 2420 Chamonix Road/Parcel D, Chamonix Vail Community (previously known as Parcel B, Vail Das Schone Filing 1) and setting forth details in regard thereto. (PEC18-0044) This application has been withdrawn. Applicant: Town of Vail, represented by George Ruther Planner: Chris Neubecker 2.11. A request for review of a Development Plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code, for the construction of dwelling units and one Employee Housing Unit (EHU) located at 2420 Chamonix Road/Parcel D, Chamonix Vail Development, (previously known as Parcel B, Vail Das Schone Filing 1), and setting forth details thereto. (PEC 18-0045) This application has been withdrawn. Applicant: Town of Vail, represented by George Ruther Planner: Chris Neubecker 2.12. A request for a variance from Section 12-21-10, Development Restricted, Vail Town Code, pursuant to Title 12, Chapter 17, Variances, Vail Town Code, to allow for the construction of a two-family structure with attached Employee Housing Unit on a slope of forty percent (40%) or greater, located at 2420 Chamonix Road/Parcel D, Chamonix Vail Community (previously known as Parcel B, Vail Das Schone Filing 1), and setting forth details thereto. (PEC 18-0047) February 19, 2019 - Page 157 c This application has been withdrawn. Applicant: Town of Vail, represented by George Ruther Planner: Chris Neubecker 3. Approval of Minutes 3.1. December 10, 2018 PEC Results Ludwig Kurz moved to approve. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Lockman 4. Adjournment Karen Perez moved to adjourn. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Lockman The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department February 19, 2019 - Page 158 0 Bighorn Townhouses Rezoning & Setback Variance Date Submitted: December' 15, 2018 Mauriello Planning Group February 19, 2019 - Page 159 0 Introduction The Bighorn Townhouse (BHTH) Association is requesting two applications related to their property located at 4708, 4718, and 4722 Meadow Drive / Bighorn Townhouses. The first request is a zoning of the property indicated in red on the map below. This area, which was erroneously believed to be owned by the Town of Vail until 2013, is currently not designated on the Town's zoning map (an error). The BHTH Association, who owns the property, is requesting the property be zoned Low Density Multiple Family (LDMF), which is consistent with the remainder of the BHTH property, which is indicated in yellow. , Subject Property: 4 4722 Meadow Drive 2101-124-02-010 The second application is a request for a variance from Section 12-6F-6: Setbacks, to allow for the construction of enclosed parking within the 20 ft. rear setback. The BHTH Association is proposed 8 garages on the property shown in red on the map above. Only one of the garages requires a variance, as the others can be constructed under LDMF zoning, should the zoning request be approved. The property adjacent to the variance request is owned by the Town of Vail and zoned Outdoor Recreation (OR). The following indicated the proposed garage plan, and the area of the variance has been indicated in blue. 2 February 19, 2019 - Page 160 0 February 19, 2019 - Page 161 0 Historical Background Bighorn Townhouses are located in East Vail at 4708, 4718, and 4722 Meadow Drive. Bighorn Townhouses were developed under Eagle County jurisdiction in 1968, then annexed into the Town of Vail in 1974. The property includes a four-plex on Tract A, a four-plex on Tract B, and a property identified on the original plat as Parking Easement. Currently, the Town of identifies both Tracts A and B as zoned Low Density Multiple Family. However, the Town currently does not identify zoning on the Parking Easement Area. Eagle County adopted Subdivision Regulations in 1964 and adopted their first Zoning Regulations in 1974. In 1968, the Bighorn Townhouses Subdivision Plat, along with the Declarations of Protective Covenants and Party Walls for Bighorn Townhouses, were recorded in the Office of Clerk and Recorder. At the time, the Plat provided for four Tracts (A, B, C, and 0) and a "Parking Easement" as indicated on the portion of the plat below: 3. PARKING EASEMENTS SHOWN ARE FCR EXCLUSIVE USE OF OWNERS AND RESIDENTS OF THIS SUBDIVISION AND IS IN ADDITION TO 714E ACCESS AND UTILITY EASE- MENTS INDICATED. The Plat indicated the existing Townhouses on Tract A and B, while Tract C and D were vacant. The Parking Easement Area was loosely described on the Plat as follows: •4 r , CLFHE CF I S_4 12. r.} S '1 ISO W. 9II J LOT I 6LOCK FOGHORN SUBDIVISION FIFTH ADDITION 4 February 19, 2019 - Page 162 0 The 1968 Covenants do not provide much additional information on the Parking Easement Area although they indicate that the parking easement was exclusively for vehicles belonging to "unit owners." The Covenants state the following: 5. EASEMENTS; Easements are hereby reserved as shown or described on the recorded plat of the subdivision, There are in addition, easements reserved in the riglit or way of each road for water and all other utilities. All access easements re- flected an the recorded plat of the subdivision shall be for the use and benefit of all owners of land within the subdivision except the access easements approaching the caristructed units on Tract A and Tract F3 which easements shall also he used for under- ground utilities and shall be for the sole use and benefit of t.lie owners of units within each respective tract. The areas within the subdivision designated for parking case- ment shall be exclusively for passenger automobiles belonging to the unit owners acid their guests, shall be limited to two automobiles per unit, and at no t:r«e Shall any automobile be parked thereon for more than seven days without being moved. Auto- mobiles shall not be parked overnight in road easements. Ordinance 13 of 1974 annexed significant portions of East Vail, including Bighorn Townhouses into the Town of Vail. (Ordinance 20 of 1974 amended the legal description). Letters from the Town to the then -owners of Tract C and D indicate that in February of 1977, the Town initiated a rezoning of Tracts C and D to Agricultural and Open Space. In response, the owners stated they would prefer to transfer ownership of Tracts C and D to the Town of Vail since the tracts were located in the avalanche hazard area. Tracts C and D were subsequently deeded to the Town of Vail for $1.00. Bighorn Townhouses retained ownership of the Parking Easement Area though the Town believed it owned area until just recently in 2013. The following section outlines a timeline to explain the errors in ownership information, including why and how the Town does not currently indicate any zoning for the property. 5 February 19, 2019 - Page 163 c Timeline This section is intended to provide a timeline to explain the original zoning of the entire Bighorn Townhouses property at the time of annexation, any subsequent rezoning of the property, and to show that the Town of Vail zoning map is currently in error. • 1968 - Bighorn Townhouses is developed and platted under Eagle County Jurisdiction. • 1974 - Bighorn Townhouses [as part of a larger annexation) is annexed into the Town of Vail by Ordinance 13 of 1974. Ordinance 20 of 1974 later corrected the legal description of this annexation. ^ 1974 - The Town adopts Ordinance 15 of 1974, an emergency ordinance adopting interim zoning for the annexed area, including Bighorn Townhouses. The map was not attached to the zoning ordinance but was located in the Town files. The map is difficult to read for the Bighorn Townhouses property. It appears to indicate "A" or Agriculture zoning for the Parking Easement area. ^ 1974 - The Town adopts Ordinance 26 of 1974, adopting "permanent" zoning for the annexed area. This followed a series of Planning and Environmental Commission hearings where property owners were invited to comment on the proposed zoning of their property. The Ordinance references a map on file, but this map could not be located in Town files. 6 February 19, 2019 - Page 164 0 Undated (1968-1976) - The Town of Vail has a map on file that was identified as "Historic Zoning - Current Conditions between 1968-1976." This map identifies Tracts A and B as zoned Low Density Multiple Family; Tracts C and D as Two -Family Residential, and the Parking Easement Area as Two -Family Residential. A portion of this map is provided below: Legend • Agricultural and Open Space District Single Family Residential District Two Family Residential Districts Residential Cluster District Low Density Multiple Family District Medium Density Multiple Family District High Density Multiple Family District TRACT C B�jhorn owhhous Subdivision 1975 - Avalanche study indicates that a substantial area within the recently annexed Bighorn neighborhood is in a potential avalanche path, including portions of Tracts A and B, all of Tracts C and D, and the majority of the Parking Area Easement. This study also appears to identify the zoning of Tracts A and B as Low Density Multiple Family, Tracts C and D as Two -Family Residential, and the Parking Easement as Two -Family Residential, though the map is difficult to read. fivio 4,7 ATTED 71 nr•-: 7nninp l:ra• �e! tram naps byt+h:i Tnvn 4 VDU : :" WHITE RIPER NATIONAL Foe( fr els+YwwN SUBDIVISION •. F1F7 H ADDITION avund: Rurwl ron:l. hone. Cv.Q l Nullipin -ewi.y ZONING MAP BIGHORN APEA L /L, CVWRAG ) A7'DD0-F1/I11, LTD. PSG.? v -..t .v:191..0i• ¢vnmq F t.x yud 7 February 19, 2019 - Page 165 0 1977 - The Town notifies the then owner of Tracts C and D that they are proposing to rezone Tracts C and D to Agricultural and Open Space due to the avalanche hazard present on these properties. In response, the owners opt to deed the property to the Town for $1.00. Though only Tracts C and D were deeded to the Town, it appears from Town records that the Town believed the Parking Easement Area was also included in this transfer. This error begins a series of actions leading to the confusion about the Parking Easement Area that still exists today. A portion of that deed is provided below: QiRTCT,AT:d DEEP arulmumOir int -JUL: 28,'77...., Princeville Corporation, a Colorado cPrporation princi.nal place of business aL 1860 Lincoln Street, Denver, Colorado 80295, fur One Dollar ($1,00) in hand paid, receipt. of which is hereby acknowledged, doci hereby sell and quitclaim to the Town of Vail, a Colorado municipalcorporation. its succes.4ors and assigns, al] right, ti=le and interest in and Cv the following; realproperty situate in the County of Eagle, fi State of Colorado, to wit, Blocks C and n, Bighorn Tnwnho,x:;r.;, a subdivision, according to the recorded plat thereof, TO RAV13 AND TO HOLn the prcmisrs herein described wide all appurtenances thereto. Dated this Z1:4 gy of February, 1977. PRINCLVIT,LE CO7RPORATION Sr '% i1TJ PCEsidenC ~Y` 1981 - The Town adopts Ordinance 41 of 1981 which rezones Tracts C and D from Two Family Residential (R) to Agricultural and Open Space. The Ordinance clearly identifies that only Tracts C and D were rezoned: LEGAL DESCRIPTION CL RHIN I RECOMMENDED ZONE. ZONE Tract B, Vail ti illaee 2nd Filing PUP (Ski Musreau) `1 rucLs C and D. 1Bigburu Townhouse Subdivision _i k The following maps indicate the error the Town made in rezoning the Parking Easement Area. The first map, from 1981 prior to the adopted of Ordinance 41 of 1981 clearly indicates Tracts C and D, and the Parking Easement Area zoned Two -Family Residential. The second map, from 1984, shows the rezoning of Tracts C and D to Agricultural Open Space which was adopted by Ordinance 41 of 1981, but also shows the Town rezoned the Parking Easement Area in error. The Town's maps also shows the "access easement" as a public right-of-way, another error. 8 February 19, 2019 - Page 166 0 rCa tii'd�sf3r+f'. 1981 TOV Zoning Map] • ACT A TRACT ilDWN OF VAIE ZONING LEGEND A TWO FAMILY RESIDENTIAL DISTRICT 1 fr.., rMmILI 1'1[IF444l14 • 3ELLURLIART 11Gi111A:,Tf I IRL ISTRICT RESIDENTIAL CLUSTER DISTRICT 1 LOW DENSITY MULTIPLE FAMILY DISTRICT MEDIUM DENSITY MULTIPLE FAMILY DISTRICT HIGH DENSITY MULTIPLE FAMILY DISTRICT PUBLIC ACCOMODATION DISTRICT SPECIAL DEVELOPMENT DISTRICT PUBLIC USE DISTRICT COMMERCIAL CORE I DISTRICT COMMERCIAL CORE 2 DISTRICT COMMERCIAL SERVICE CENTER DISTRICT AGRICULTURAL 81 OPEN SPACE DISTRICT L GREENBELT d NATURAL OPEN SPACE DISTRICT 1 HEAVY SERVICE DISTRICT ];;:;E] PARKING -J COMMERCIAL CORE 3 DISTRICT p It Plttlltf..'-r /1 �rr«rrrrfrt 'Rr•�trrrrr trr%I frrr 1984 TOV Zoning Map OO frtttr rte! R!tlrtlr� f .._-•. RIM -MOM TOWN QF VAIL. ZONING LEGEND SINGLE FAMILY RESIDENTIAL DISTRICT rte. TWO FAMILY RESIDENT/AL DISTRICT ® TWO FAMILY PRIMARY/SECONDARY RESIDENTIAL INSTINCT RESIDENTIAL CLUSTIM DISTRICT ® LGw GEN3iTY AMULTIPLE FAMILY CJSTRICT ME D UM 31rr MULTIPLE FAMILY CISTRICT r,1 moire/tarry 1[CLTIPLE FAMILY AIBTg1Cr ® PUBLIC AL O3 UW{TICM DISTRICT SPECIAL 1 VELOPMENT GrSTRrCT ® PUBLIC USE DISTRICT Gis41R 555 COMMERCIAL CORE I DISTRICT COMMERCIAL CORE 2 CI14TRICT ® COMMERCIAL mei 3 aim= AGRd1JLTURAL a OBOE MICE DISTRICT HEAVY SERVICE 0/STRICT T ^_r•"Y• PARKING ARTERML BUSINESS DI57RrcT SISI BASE RECREATION F' HILLSIDE RESIDENTIAL 1991 - A map dated 1991 entitled "Town of Vail Owned Properties" shows that as of this date, the Town believed it owned the Parking Easement Area along with Tracts C and D (hi -lighted area indicates areas owned by the Town): _A=ELL_. 4 2l01410141` �w-1�1•�.1. i9J arrls+f rnim aUul 111 w1 rilgyp(- .. 111•�U 111i1IL F. A. II iha'6L bemas *Lar rPr, Reay Fwd 11Kk A 1-P2 +9a- 9 February 19, 2019 - Page 167 0 1995 - The Town adopts Ordinance 19 of 1995, which, as part of a larger rezoning associated with the adoption of the Town of Vail Open Lands Plan, rezoned Tract C and D from Agricultural and Open Space to Outdoor Recreation. This zoning designation remains today. 1995 - The last version of the Town of Vail Zoning Map to be done on paper (instead of created digitally in GIS) indicates Tract A and B are zoned Low Density Multiple Family, Tracts C and D are zoned Outdoor Recreation, and the Parking Easement Area is zoned Agriculture and Open Space. TOWN OF VAIL ZONING LEGEND SINGLE FAMILY RESIDENTIAL DISTRICT 1T=, TWO FAMILY RESIDENTIAL DISTRICT ® TWO FAMILY PRIMARY/SECONDARY RESIDENTIAL DISTRICT RESIDENTIAL CLUSTER DISTRICT ® LOW DENSITY MULTIPLE FAMILY DISTRICT MEDIUM DENSITY MULTIPLE FAMILY 0157RICT ® HIGH DENSITY MULTIPLE FAMILY DISTRICT PUBLIC ACCOMODATIO,N DISTRICT SPECIAL DEVELOPMENT DISTRICT MIMIP=Mal GENERAL 115E DSTRILT COMMERCIAL CORE I DISTRICT 0 COMMERCIAL CORE a DISTRICT _ _ =1 COMMERCIAL CORE 3 DISTRICT COMMEpAL SERVIG 5J3'TTSR, DISTRICT >TGRIEUL'fVRAL d SPEN SPACE DISTRICT ='9 A NATURAL AREA F 7-1 HEAVY SERVICE DISTRICT DISTRICT PARKING 'DISTRICT PM ARTERIAL BUSINESS DISTRICT t t SKI BASE RECREATION DSTRICT HILLSIDE RESIDENTIAL DISTRICT 14 } I WTDOON RECREATION DISTRICT NOTE: ANY LAND LOT, OR SITE WITHIN THE TOWN OF VAIL MUNICIPAL BOUNDARY WHICH, ACCORDING TO THE OFFICIAL ZONING MAP ,DOES NOT HAVE A DESIGNATED ZONE DISTF SHALL RE DES/GRATED MIA I- RHEA P4F,SERVATIC ZONE DISTRICT 2013 - The District Court decrees that Bighorn Townhouse Association is the owner in fee simple of the Parking Easement Area. The decree states: IT IS ADJUDGED AND DECREED that BIGHORN TOWNHOUSE ASSOCIATION, INC., a C_nlnrndn corporation, Plaintiff, at the time of the commencement of this proceeding, was, and is now, the owner in fee simple absolute, with right to possession of the property described as: THE PARCEL. OF LAND DEPICTED A5 "PARKING EASEMENT", AS SHOWN ON THE PLAT OF BIGI1ORN TOWNHOUSES RECORDED NOVEMBER 13, 1965 AS RECEPTION NO. ]09572, COUNTY OF EAGLE, STATE OF COLORADO AND AS DEPICTED ON EXHIBIT A ATTACHED HERETO (she "Property"); THAT the Lis Pendens is no longer in effect with respect to the Property; and THAT fee simple 111c in and to the Property be and the sure hereby is vested in the Plaintiff, sub,ect to the easements shown on the Plat of the Property and that each of the Defendants are forever enjoined from asserting any other chin:, right: iutetest in or to the Property or any part thereof. ^ 2018 (current) - The Town of Vail zoning map, now a digital map, indicates that Tracts A and B are zoned Low Density Multiple Family, Tracts C and D are zoned Outdoor Recreation, and the Parking Easement Area has no zoning. Shown below as the blank area on the map. 10 February 19, 2019 - Page 168 c I Hillside Residertlsl (-I ▪ SIrlui..Fer.Ily Reekhodiel ISFRy . T r remilly Residents! IR) • Two-Family PrimaryfSeco^de JHeeidenno (P5) ▪ Ree denffiI ClueieriRC] . Loss. D.rxiy MulaFIr•Fainl yO_DMF1 ▪ niece!. re 1lendh/ Mu tiple.ramiy \II)U1 ▪ Hg ^ De -airy rJulnple-Ferri ly (-IDMF) ® Vs 1!'elllega Tuunhouse ▪ HwdngiH} . Aihlir Arc.rnmr.{eh nn iPA) • Public.4xanmodat en-2(FA-21 Cornmescial Coral ICC 1 ▪ Cernmorclal Corr/ ICC2) • f :n,n.rrl.I P,..31f.C3y • L ensheed M reed Use 1 IL I I•'I l ▪ Lentleed hiked Use 2ILMll-21 Co-unsocial rnercial Se Mee Censer ICSC} a▪ 5rlr iel Bushels (MN ■ I l.ery...wrucws 1!:) D.tdoer Recree-ion (CR) 6 Agdeu tura! end Open Space . hes_ i el A..(NAP) . SIS r....M.rr.wri,n ;;1171 . Sid _asefHecreelion 2 (5311-21 ▪ Parkng{P} ▪ General IJse IGl11 hin 1..slyn.r.•1 11 February 19, 2019 - Page 169 0 Zoning Analysis Standard Existing BHTH (Tracts A and BJ BHTH with Parking Easement Area Zoned LDMF Proposed Lot Size: 0.769 acres / 33,510 sq. ft. 1.116 acres / 48,639 sq. ft. Buildable Area: 0.769 acres / 33,510 sq. ft. 1.116 acres / 48,639 sq. ft. Setbacks: 20 ft. 20 ft. Site Coverage: 35% = 11,728.5 sq. ft. 35% = 17,023.6 sq. ft. Density*: GRFA: Height: 9 du per buildable acre = 6.921 du 9 du per buildable acre = 10 du 44% = 14,744 sq. ft. 44% = 21,401 sq. ft. 35 ft. flat/ 38 ft. sloping 35 ft. flat/ 38 ft. sloping Landscape Min of 40% = 13,404 sq. ft. Min of 40% = 19,455 sq. ft. Area: Parking: Per Chapter 10-12 = 16 spaces Per Chapter 10-12 = 16 spaces 1.116 acres / 48,639 sq. ft. 1.116 acres / 48,639 sq. ft. 20 ft. front 20 ft. side 0 ft. rear (proposed for garage 8] 9,108 sq. ft. 8 du (no change) 9,644 sq. ft. (existing - no change] 35 ft. flat/ 38 ft. sloping (no change] Complies 16 space (8 enclosed) *Density variance granted in 1991 to allow for additions to GRFA 12 February 19, 2019 - Page 170 c Criteria for Review: Rezoning Section 12-3-7.C: CRITERIA AND FINDINGS, of the Vail Town Code provides the criteria for review for a Zone District Boundary Amendment. These criteria, along with an analysis, are provided below: 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town Applicant Response: The Vail Land Use Plan provides the following goals, objectives and policies that are applicable to the proposed rezoning: 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. 1.2. The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3. The quality of development should be maintained and upgraded whenever possible. 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. Due to the historical error regarding ownership of the property, which pre -dates the adopted Official Land Use Map of the Vail Land Use Plan, there is no land use recommended for the property, as shown on the following map: r a:N,( el--- \ i 2•X / �� . a71� LAND USE DESIGNATIONS Hillside ResidentialTrans [ion Area Low Density Residential Publ ctSem -Public Medium Density Residential 1 Ski Base High Density Residential —I Park Resort Accommodations and Services = Open Space _ Community Office —I Not Designated = Village Master Plan * Ski Portal LionsHead Redeveopnient Master Plan A/ Gore Creek - Community Commerciol Al Town Boundary Subject Property However, the entire surround neighborhood is indicated as "Medium Density Residential" which is described by the Vail Land Use Plan as follows: 13 February 19, 2019 - Page 171 c MDR Medium Density Residential The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional / public uses such as parks and open space, churches and fire stations The proposed rezoning is consistent with the Vail Land Use Plan. The historical error in ownership lead to the Town generally mapping the property as right-of-way, though it was not. Had it been correctly identified as private property, it is likely that the Land Use Plan would have included it in the "medium density residential" land use category. The BHTH Association plans to use the property to provide enclosed parking for the owners. This too, is consistent with the Vail Land Use Plan policies and objectives, which encourage the upgrading and maintenance of existing development within the Town. As a result, the proposed zoning of LDMF is consistent with this criterion. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents Applicant Response: The BHTH consists of 8 townhouse units, zoned LDMF. The following map indicates the land uses and zoning surrounding the subject property: Mountain Meadows Ownership: Private Land Use: Multiple Family Residential 3' 1 Zoning: RC Riverbend Ownership: Private Land Use: Multiple Family Residential Zoning: LDMF �a Ni aTim Bighorn Park Ownership: TOV Land Use: Park/Openspace Zoning: OR Ownership: TOV Land Use: Openspace Zoning: OR The zoning designation of LDMF is consistent with the existing and potential uses in the surrounding area. Multiple family residential is common in the neighborhood, with these uses adjacent to BHTH to the west. Open space and park uses surround the remainder. The 14 February 19, 2019 - Page 172 c proposed zoning of LDMF is consistent with the existing BHTH use, and those uses of the surrounding neighborhood. As a result, the proposed zoning is consistent with this criterion. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives Applicant Response: Because of the error in ownership information, the property is currently indicated as unzoned by the Town of Vail Zoning Map. The proposed LDMF zoning is consistent with the existing zoning for the remainder of the BHTH property, and is the appropriate zoning for the subject property. The site is then treated as one for development standards and development potential. Any other zoning would create inconsistencies and confusion. As a result, the proposed zoning is consistent with minimal development objectives. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole Applicant Response: Because the Town believed this property was town -owned right-of-way, all current zoning and planning documents do not indicate any zoning or land use for the property. Because the property is owned by the BHTH Association and is part of their overall development site, zoning it anything other than LDMF would be inconsistent with the neighborhood. The zoning designation of LDMF is consistent with the zoning of the BHTH, provides for the growth of an orderly viable community, and would not constitute a spot zoning. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features Applicant Response: The eastern portion of the subject property is currently used for driveway and parking, along with a trash dumpster for the BHTH. The western portion of the property is vacant. The trail shown in the google earth image is just off the property on Town of Vail -owned land. The vacant area is generally flat and has little vegetation, consisting mostly just of native grass. 15 February 19, 2019 - Page 173 0 Zoning this property LDMF will have no adverse impacts on the natural environment. As a result, the proposed zoning amendment is consistent with this criterion. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district Applicant Response: The proposed zoning of LDMF is consistent with the zoning on the remainder of the Bighorn Townhouses. The purpose of LDMF is as follows: 1 2-6F-1: PURPOSE: The low density multiple -family district is intended to provide sites for single-family, two- family and multiple -family dwellings at a density not exceeding nine (9) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The low density multiple -family district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with low density occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards The BHTH Association is proposing to use the property to provide enclosed parking for the existing 8 townhouses. Because the property is not currently zoned, LDMF provides appropriate development standards and uses commensurate with the remainder of the BHTH property. The proposed zoning makes the BHTH conforming with respect to density. As they exist today, they are nonconforming with respect to density. As a result, the proposed zoning is consistent with this criterion. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate Applicant Response: The historical background provided in this submittal outlines the unique conditions that have afflicted this property. All Town maps currently indicate this property as "unzoned" or "undesignated" due to the historical error in ownership, which was resolved by court decree in 2013. The property belongs to the BHTH Association and is part of their development site. The property should therefore be zoned LDMF, the same as the remainder of their property. 8. Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. Applicant Response: Any additional information requested by the Planning and Environmental Commission and/or Town Council can be provided by the applicant. 16 February 19, 2019 - Page 174 0 Criteria for Review: Setback Variance Section 12-17-6: CRITERIA AND FINDINGS, of the Vail Town Code provides the criteria for review for a variance. These criteria, along with an analysis, are provided below: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Applicant Response: The proposed variance is to allow for the construction of enclosed parking for each of the units. The BHTH currently only have surface parking. The garages, each 300 sq. ft., allow each unit to have one enclosed parking space. This is a benefit to other uses and structures in the vicinity as it eliminates surface parking while also providing opportunities for storage of outdoor equipment such as bicycles, skis, kayaks, etc. The area of the encroachment into the rear setback is adjacent only to the Town's property, currently zoned OR. This land is open space, and based on the recently adopted 2018 Open Lands Plan, there are no plans for this property to be developed or improved. There are no impacts to any uses or structures in the vicinity and therefore the requested variances is consistent with this criterion. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Applicant Response: There have been various variances granted to properties in the vicinity. Specifically, Mountain Meadows was granted a setback variance in 1979. The circumstances of that variance were not similar to this request by the BHTH, but does indicate that sites in the vicinity have received variances. A height variance was granted in 1983 to the house at 4768 Meadow Drive, which is the closest single- family residence to this property, located adjacent to the Town -owned property. In addition, the near -by Vail Racquet Club was granted a density variance. The BHTH also 17 February 19, 2019 - Page 175 0 received density variances in the past. Variances to facilitate the construction of enclosed parking are common throughout the Town of Vail. A front setback variance was granted at 5042 Snowshoe Lane to construct enclosed parking. This property was allowed to construct a garage with a 0 ft. front setback. A side setback variance was granted to 5109 Black Bear Drive to construct a garage within the side setback. The Town has consistently found that the lack of enclosed parking is a valid hardship for a variance for the construction of garages and that it is not a grant of special privilege to approve similar variances. As a result, the proposed variance is consistent with this criterion. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Applicant Response: Due to the nature of this variance request, there are no negative effects on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 18 February 19, 2019 - Page 176 0 Adjacent Properties MPG PO Box 4777 Eagle, CO 81631 BIGHORN TOWNHOUSE ASSOCIATION INC BILL BERNARDO 221 OAK KNOLL RD BARRINGTON, IL 60010-2615 TOWN OF VAIL FINANCE DEPT 75 S FRONTAGE RD W VAIL, CO 81657-5043 MOUNTAIN MEADOW CONDOMINIUMS McNeill Property Management PO Box 4694 Vail, CO 81658 RIVERBEND AT VAIL HOMEOWNERS ASSOC PO BOX 1 157 VAIL, CO 81658-1157 19 February 19, 2019 - Page 177 0 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 10, Series of 2019, A Resolution modifying the Official Land Use Map to change the designation of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Medium Density Residential. PRESENTER(S): Jonathan Spence, Senior Planner ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Resolution No. 10, Series of 2019. BACKGROUND: The applicant, The Town of Vail, is requesting a review of the Vail Land Use Plan Map, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the land use designation of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Medium Density Residential. Subsequent to this application, Bighorn Townhouse Association, represented by Mauriello Planning Group, is requesting a zoning of the property from unidentified to Medium Density Multiple -Family (MDMF) District The Land Use Plan Amendment and rezoning will facilitate, if approved by Town Council, an application for the development of the subject property for residential garages. STAFF RECOMMENDATION: On January 14, 2019, the Planning and Environmental Commission (PEC) forwarded a unanimous recommendation, for approval, of the Vail Land Use Plan Map amendment, pursuant to Section 8-3, Amendment Process, Vail Town Code. ATTACHMENTS: Description Staff Memorandum Attachment A. Resolution No. 10, Series of 2019 Attachment B. Staff Memorandum, PEC18-0046, January 14, 2019 Attachment C. PEC Minutes, January 14, 2019 Attachment D. Bighorn Townhouses Rezoning and Setback Variance narrative dated December 15, 2018 February 19, 2019 - Page 178 0 TOWN OF vain TO: Vail Town Council FROM: Community Development Department DATE: February 19, 2019 Memorandum SUBJECT: Resolution No. 10, Series of 2019, a resolution to change the land use designation of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Medium Density Residential, and setting forth details in regard thereto. (PEC18-0046) Applicant: Town of Vail Planner: Jonathan Spence I. SUMMARY The applicant, the Town of Vail, is requesting approval of Resolution No. 10 Series of 2019, a resolution to change the land use designation of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Medium Density Residential, and setting forth details in regard thereto. On January 14, 2019, the Planning and Environmental Commission (PEC) forwarded a unanimous recommendation, for approval, of the Vail Land Use Plan Map amendment, pursuant to Section 8-3, Amendment Process, Vail Town Code. Please find the staff memorandum to the PEC included as Attachment B and the minutes from the January 14th meeting included as Attachment C. II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Resolution No. 10, Series of 2019. III. DESCRIPTION OF THE REQUEST The applicant is requesting a review of the Vail Land Use Plan Map, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the land use designation of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Medium Density February 19, 2019 - Page 179 0 «: �,��oM.�Pmma.' �/1V�7% J Les; Mod Pd7 eb rua ry 12, 2019 WI Prin Residential. Subsequent to this application, Bighorn Townhouse Association, represented by Mauriello Planning Group, is requesting a zoning of the property from unidentified to Medium Density Multiple -Family (MDMF) District. The Land Use Plan Amendment and rezoning will facilitate, if approved by Town Council, an application for the development of the subject property for residential garages. The map below shows the existing Vail Land Use Map and the result of the amendment, if approved by the Town Council. Land Use Amendment Proposal Bighorn Townhouses 4722 Meadow Drive Proposed =Medium Density Residential =Low Density Residential =Park 0 0 25 50 1Feet 100 IV. BACKGROUND Subject Property The Bighorn Townhouses, a residential development consisting of two, four -unit buildings and a related subdivision plat, was developed under Eagle County jurisdiction in 1968. At the time, the plat included four tracts (A, B, C and D and the "Parking Easement" parcel), as Town of Vail Page 2 February 19, 2019 - Page 180 0 shown below: \iia... rig V �r.:..n . eu s e,�r•. F 1 :p,., el.rwcr, roc. v 90N*11 LINE 9FSFluf + 2 SE CORNER SM ,P4. CF KE I1• SEC. 17, r.SS,' �eowem�r !9°5: i4 a e'J Oe LOT I BLOCK T 1 BIGHORN SUBDIVISION FIFTH ADDITION 1110. F4 As part of a larger annexation, the subject property and the surrounding areas were annexed into the Town of Vail via Ordinance No. 13, Series of 1974. Due to the presence of the King Arthur's Court Avalanche area located directly to the south and the consensus that the parcels were undevelopable, tracts C and D were deeded to the Town of Vail for one dollar in 1977. The Bighorn Townhouse Association retained ownership of the "Parking Easement" parcel although there was some confusion that the Town of Vail might be the owner. This issue was resolved by court order in 2013 that decreed the association as the rightful owner. Although all annexed lands included in the 1974 East Vail annexation received interim zoning via Ordinance No. 15, Series of 1974, how the "Parking Easement" parcel came to have no current (2019) designation on either the Vail Land Use Plan Map or the Official Zoning Map is quite confusing. Dominic Mauriello with the Mauriello Planning Group has done an admirable job detailing this history in pages 6-11 of the Bighorn Townhouses Rezoning and Setback Variance narrative, included for reference as Attachment D. Town of Vail Page 3 February 19, 2019 - Page 181 0 V. REVIEW CRITERIA Before acting on a proposed amendment to the Vail Land Use Plan Map, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, the Town Council shall consider the following factors with respect to the proposal: A. Have conditions changed since the plan was adopted? Since the plan's adoption in 1986, Vail has undergone significant growth and redevelopment. This has included significant development and redevelopment of Vail Village and Lionshead Village in addition to single family and duplex style residential development throughout the community. With few exceptions, the development of multi -family non -resort oriented residential housing has not experienced similar levels of change . The proposed amendment of the Vail Land Use Plan Map from unidentified to Medium Density Residential will consolidate the Bighorn Townhouse Development Lot under a consistent land use designation, setting in place the steps necessary to pursue a subsequent rezoning for future development. Staff finds that this criterion supports the proposed change to the Land Use Plan Map. B. Was the plan in error in respect to the delineation on the Land Use Map? Although it is unclear specifically how the subject parcel came to have no delineation on the Land Use Map, it is clear that the plan is in error in its omission. The proposed land use designation is consistent with the Land Use Plan and adjacent land uses. Staff finds that the plan was in error thus this criterion is supportive of the proposed changes to the Land Use Map. C. Is a revision to the plan in concert with the plan, in general? The proposed revision to the plan, if approved by the Vail Town Council, will enable the applicant to proceed with a rezoning of the property to facilitate development of accessory garages for the Bighorn Townhouse complex. Staff finds that the following goals of the Vail Land Use Plan support this proposal: 1. General Growth / Development 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). Town of Vail Page 4 February 19, 2019 - Page 182 0 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. Staff finds that the revisions to the plan are in concert with the plan, in general and that this criterion is supportive of the proposal. VI. RECOMMENDED MOTION Should the Vail Town Council choose to approve Resolution No. 10, Series of 2019, the Community Development Department recommends the Council pass the following motion: "The Vail Town Council approves, Resolution No. 10, Series of 2019, a resolution to change the land use designation of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Medium Density Residential, and setting forth details in regard thereto" Should the Vail Town Council choose to approve Resolution No. 10 Series of 2019, the Community Development Department recommends the Council make the following findings: "Based upon the review of the criteria outlined in Sections VII of the Staff memorandum to the Planning and Environmental Commission dated January 14, 2019 and the evidence and testimony presented, the Vail Town Council finds: 1. That the applicant has clearly demonstrated how conditions have changed since the Plan was adopted, how the Plan is in error or how the addition, deletion or change to the Plan is in concert with the Plan in general. VII. ATTACHMENTS A. Resolution No. 10, Series of 2019 B. Staff Memorandum, PEC18-0046, January 14, 2019 C. PEC Minutes, January 14, 2019 D. Bighorn Townhouses Rezoning and Setback Variance narrative dated December 15, 2018 Town of Vail Page 5 February 19, 2019 - Page 183 0 RESOLUTION NO. 10 Series of 2019 A RESOLUTION MODIFYING THE OFFICAL LAND USE PLAN MAP TO CHANGE THE DESIGNATION OF 4722 MEADOW DRIVE (BIGHORN TOWNHOUSES "PARKING EASEMENT" PARCEL, AS SHOWN ON THE PLAT OF BIGHORN TOWNHOUSES RECORDED NOVEMBER 13, 1968) FROM UNIDENTIFIED TO MEDIUM DENSITY RESIDENTIAL WHEREAS, the Town Council adopted the Master Land Use Plan as a critical element within the Vail Comprehensive Plan via Resolution No. 27, Series of 1986; WHEREAS, the Master Land Use Plan and the Official Land Use Map (Map) contained therein is the principal long range planning document guiding decision making regarding land use matters within the Town of Vail; WHEREAS, it has been determined that the subject parcel currently contains no Land Use Designation; WHEREAS, the Planning and Environmental Commission, at their regularly scheduled meeting on January 14, 2019 voted unanimously to recommend amending the Map; and WHEREAS, the Planning and Environmental Commission determined that the most appropriate designation for the subject parcel is Medium Density Residential. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves this amendment to the Official Land Use Map to change the designation of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Medium Density Residential 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. Resolution No. 10, Series 2019 February 19, 2019 - Page 184 0 INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 19th day of February, 2018. Dave Chapin, Town Mayor ATTEST: Tammy Nagel, Town Clerk Resolution No. 10, Series 2019 February 19, 2019 - Page 185 0 EXHIBIT A Land Use R►nendment Proposal Bighorn Townhouses 4722 Meadow Drive Existing Land Use: Not Designated a 1 Proposed Proposed Land Use:: Medium Density Residential =Medium Density Residential =Low Density Residential Park 0 0 J 25 90 IOC 6 100 w rmae.¢C.pn.ary r],70r9 ren errant Resolution No. 10, Series 2019 February 19, 2019 - Page 186 0 TOWN OF VARA Memorandum To: Planning and Environmental Commission From: Community Development Department Date: January 14, 2019 Subject: A request for a recommendation to the Vail Town Council for a review of the Vail Land Use Plan Map amendment, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the designation of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Medium Density Residential, and setting forth details in regard thereto. (PEC18-0046) Applicant: Town of Vail Planner: Jonathan Spence I. SUMMARY The applicant, the Town of Vail, is requesting a recommendation to the Vail Town Council for an amendment to the Vail Land Use Plan Map, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the land use of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Medium Density Residential. 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 forwards a recommendation of approval of the amendment to the Vail Land Use Plan, subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant is requesting a review of the Vail Land Use Plan Map, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the land use designation of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Medium Density Residential. Subsequent to this application, Bighorn Townhouse Association, represented by Mauriello Planning Group, is requesting a zoning of the property from unidentified to Medium Density Multiple -Family (MDMF) District (PEC18-0039). The Land Use Plan Amendment and rezoning will facilitate, if approved by Town Council, an application for the development of the subject property for residential garages. February 19, 2019 - Page 187 0 The map below shows the existing Vail Land Use Map and the result of the amendment, if approved by the Town Council. Land Use Amendment Proposal Bighorn Townhouses 4722 Meadow Drive =Medium Density Residential =Low Density Residential Park e PZ.T�Feet 2S Ell 190 La...cfine ianualy >n o rami III. BACKGROUND Subject Property The Bighorn Townhouses, a residential development consisting of two, four -unit buildings and a related subdivision plat, was developed under Eagle County jurisdiction in 1968. At the time, the plat included four tracts (A, B, C and D) and the "Parking Easement" parcel, as shown below: Town of Vail Page 2 February 19, 2019 - Page 188 0 ti \ 779 ti,o- l 46.; J,<2� rFj MOTH LIRE 9EC.TIPN 12: l , F_ --•�-- --_.__ _rr,i4 a 'R I 'I' -i,11, R � FAV 'S '2d E —32R n4 tiF CORNE, SW I • 5' 1/4.5.1C.12, n SO W. 8111 P1J 333°9: 24 E ED 4t LOT I BLOCK 7 BIGHORN SUBDIVISION FIFTH ADDITION As part of a larger annexation, the subject property and the surrounding areas were annexed into the Town of Vail via Ordinance No. 13, Series of 1974. Due to the presence of the King Arthur's Court Avalanche area located directly to the south and the consensus that the parcels were undevelopable, tracts C and D were deeded to the Town of Vail for one dollar in 1977. The Bighorn Townhouse Association retained ownership of the "Parking Easement" parcel although there was some confusion that the Town of Vail might be the owner. This issue was resolved by court order in 2013 that decreed the association as the rightful owner. Although all annexed lands included in the 1974 East Vail annexation received interim zoning via Ordinance No. 15, Series of 1974, how the "Parking Easement" parcel came to have no current (2019) designation on either the Vail Land Use Plan Map or the Official Zoning Map is quite confusing. Dominic Mauriello with the Mauriello Planning Group has done an admirable job detailing this history in pages 6-11 of the Bighorn Townhouses Rezoning and Setback Variance narrative dated December 15, 2018, included for reference as Attachment B. Town of Vail Page 3 February 19, 2019 - Page 189 0 Town of Vail Land Use Pan The Town of Vail Land Use Pan was adopted on November 18, 1986, with the purpose of articulating land use goals and guiding future decisions regarding land use within the Town. Accompanying the Plan is a map which identifies in a spatial format the location of the Land Use Categories identified in the Plan. Pursuant to Section 8-3, Amendment Process, of the Town of Vail Land Use Plan, the amendment process is one which is intended to assure the Plan's effectiveness with periodic updates to reflect current thinking and changing market conditions. The process includes amendments which may be initiated in any of the following three ways: A. By the Community Development Department B. By the Planning and Environmental Commission or Town Council C. By the private sector For those requests initiated by the private sector, the following process shall be followed: 1. Make application with the Community Development Department. Applications may be made by either a registered voter, a property owner or a property owner's authorized representative. Such application may be made at any time. 2. Such applications will then be considered at a meeting with the PEC. At the Planning and Environmental Commission hearing, a recommendation shall be made to the Town Council, whereupon a decision shall then be rendered. To change the Plan by this procedure, it will be the responsibility of the applicant to clearly demonstrate how conditions have change since the Plan was adopted, how the Plan is in error or how the addition, deletion or change to the Plan is in concert with the Plan in general. Such decisions may include approval, approval with conditions or denial. Amendments may be requested for change to the goals and policies and/or Land Use Plan Map. If such request is approved, such change shall be made to the Plan document and/or map. If such request is denied, no such request that is substantially the same as that previously denied shall be considered for a period of one year. IV. APPLICABLE PLANNING DOCUMENTS A. Town of Vail Land Use Plan Chapter 11— Land Use Goals and Policies (In Part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to Town of Vail Page 4 February 19, 2019 - Page 190 0 reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan Map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth / Development 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. 1.2. The quality of the environment including air, water and other natural resources should be protected as the Town grows. 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. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. B. Town of Vail Land Use Plan Chapter VI- Proposed Land Use (In part) 4. Proposed Land Use Categories New land use categories were defined to indicate general types of land uses which should occur within the Town during the planning period. These categories were varied from the existing land use categories to reflect the goals of the community more accurately. The specific land uses are listed as examples and are not intended to reflect an all-inclusive list of uses. Uses would be controlled by zoning. These categories are indicated below. LDR Low Density Residential Town of Vail Page 5 February 19, 2019 - Page 191 0 This category includes single-family detached homes and two-family dwelling units. Density of development within this category would typically not exceed 3 structures per buildable acres. Also within this area would be private recreation facilities such as tennis courts, swimming pools and club houses for the use of residents of the area. Institutional / public uses permitted would include churches, fire stations, and parks and open space related facilities. MDR Medium Density Residential The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional / public uses such as parks and open space, churches and fire stations. 5. "Preferred Plan" Land Use Pattern The "Existing Trends" alternative was chosen as the preferred land -use plan and was carefully reviewed area by area to assess feasibility and compatibility with adjacent existing land uses. Some modifications were then made in proposed new areas of medium and high density because of potential land use and neighborhood conflicts. The pattern which is reflected on the "Preferred Plan" is discussed below. A. Residential Uses 1. Low Density Uses Low density residential uses are now planned for a total of 699.0 acres, or about 21% of the land in the plan area, which is an increase of 8% over the area presently in low density residential use. These areas reflect the completion of existing platted projects, with some additional areas added adjacent to the single family areas at low densities. The 8% increase reflects the large number of undeveloped, platted lots already existing in Vail. 2. Medium and High Density Uses Medium and high density residential areas now account for a total of approximately 15% of the land in the plan area, with 421 acres in the medium density category and 68.5 acres in the high density category. This is a 4% increase in land area devoted to these two land use designations, reflecting a need to accommodate additional market demand for multi -family uses. For the most part, these multi -family areas have been kept consistent with the pattern of existing land use with additional multi -family occurring within unfinished projects and adjacent to these multi -family areas. Some new areas of high density residential have been added, specifically in East Vail between the Frontage Road and 1-70, where access is good and surrounding land uses Town of Vail Page 6 February 19, 2019 - Page 192 0 would be compatible for this type of use. Other areas, north of *-70 where existing land uses are mixed containing both low and medium density uses have been shown as medium density to meet the demand for additional multi- family dwelling units within the 15 -year planning period. 6. "Preferred Land Use Plan" Analysis The "Preferred Plan" acreages were then compared with projected demands to the year 2000 for permanent housing, lodging units, commercial and office square footage. The resulting figures are shown in Table 10. This table compares the demand in units or acres with the supply of undeveloped land both platted and unplatted, which is unconstrained. Unconstrained lands are those areas which do not contain high hazard avalanche and geologic areas, floodplains or slopes over 40%. This table shows that the Preferred Plan will be able to provide enough lots / land area for all of the projected demand for single family and duplex lots, with a surplus remaining of 326 dwelling units. There will be a shortfall of area for multi -family dwelling units of 17 acres, which may be accommodated through increasing the occupancy rate of existing multi- family units or encouraging the down valley communities to supply a portion of this demand. This shortfall occurred because of 1) the need to assure that new areas designated for multi -family were compatible with surround land uses; 2) the desire of the community to discourage development in sensitive, undeveloped lands; and, 3) the general satisfaction of the community with the existing land use pattern. It was thus decided that it would not be appropriate to increase densities in unsuitable areas just to completely fill market demands. TABLE 9: PROPOSED LAND USE - "PREFERRED LAND USE PLAN" LAND USE CATEGORY ACRES PERCENT Low Density Residential 698.8 20.8 Medium Density Residential 420.8 12.5 High Density Residential 68.5 2.0 Hillside Residential 33.3 1.0 Village Master Plan 77.0 2.3 Tourist Commercial 15.8 .05 Resort Accommodation Services 51.9 1.6 Transition Area 11.4 0.3 Community Commercial 24.4 0.7 Community Office 15.6 0.5 Park 255.9 7.6 Open Space 1,022.9 30.5 Public and Semi-public 72.0 2.1 Ski Base 86.3 2.6 Interstate 70 Right -of -Way 505.5 15.0 TOTAL 3,360.1 100.0 Town of Vail Page 7 February 19, 2019 - Page 193 0 In summary, the Preferred Land Use Plan reflects a balancing of existing conditions, community opinion, opportunities and constraints, and projected growth demands. V. SURROUNDING LAND USES Land Uses Zoning North: Residential Low Density Multiple -family (LDMF) South: Undeveloped US Forest (County) East: Undeveloped Outdoor Recreation (OR) (Town Owned) West: Residential Residential Cluster (RC) VI. LAND USE CATEGORY COMPARISON Staff examined the Low Density residential (LDR) and Medium Density Residential (MDR) classifications as possible designation for the subject parcel. The subject parcel, along with tracts A and B (already designated MDR), comprise the Bighorn Townhouse Development Lot. Standard LDR MDR Housing Type Single-family detached Two-family dwelling units Attached units with common walls Density Not to exceed 3 structures per buildable acre A range from 3 to 14 dwelling units per buildable acres Other Uses Private Recreation Institutional/Public Uses Private Recreation Institutional/Public Uses VII. VAIL LAND USE MAP AMENDMENT REVIEW CRITERIA Before acting on a proposed amendment to the Vail Land Use Plan Map, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the proposal: A. Have conditions changed since the plan was adopted? Since the plan's adoption in 1986, Vail has undergone significant growth and redevelopment. This has included significant development and redevelopment of Vail Village and Lionshead Village in addition to single family and duplex style residential development throughout the community. With few exceptions, the development of multi- family non -resort oriented residential housing has not experienced similar levels of change . Town of Vail Page 8 February 19, 2019 - Page 194 0 The proposed amendment of the Vail Land Use Plan Map from unidentified to Medium Density Residential will consolidate the Bighorn Townhouse Development Lot under a consistent land use designation, setting in place the steps necessary to pursue a subsequent rezoning for future development. Staff finds that this criterion supports the proposed change to the Land Use Plan Map. B. Was the plan in error in respect to the delineation on the Land Use Map? Although it is unclear specifically how the subject parcel came to have no delineation on the Land Use Map, it is clear that the plan is in error in its omission. The proposed land use designation is consistent with the Land Use Plan and adjacent land uses. Staff finds that the plan was in error thus this criterion is supportive of the proposed changes to the Land Use Map. C. Is a revision to the plan in concert with the plan, in general? The proposed revision to the plan, if approved by the Vail Town Council, will enable the applicant to proceed with a rezoning of the property to facilitate development of accessory garages for the Bighorn Townhouse complex. Staff finds that the following goals of the Vail Land Use Plan support this proposal: 1. General Growth / Development 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. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. Staff finds that the revisions to the plan are in concert with the plan, in general and that this criterion is supportive of the proposal. Town of Vail Page 9 February 19, 2019 - Page 195 0 VIII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, to the Town Council, for a review of the Vail Land Use Plan Map, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the land use designation of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Medium Density Residential, and setting forth details in regard thereto. (PEC18-0046) Staff's recommendation is based upon the review of the criteria described in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval, for this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Town Council for a review of the Vail Land Use Plan Map, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the land use designation of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Medium Density Residential, and setting forth details in regard thereto. (PEC18-0046)" Should the Planning and Environmental Commission choose to forward a recommendation of approval, for this request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section VII this Staff memorandum to the Planning and Environmental Commission dated January 14, 2019, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the applicant has clearly demonstrated how conditions have changed since the Plan was adopted, how the Plan is in error or how the addition, deletion or change to the Plan is in concert with the Plan in general. IX. ATTACHMENTS A. Vicinity Map B. Bighorn Townhouses Rezoning and Setback Variance narrative dated December 15, 2018 Town of Vail Page 10 February 19, 2019 - Page 196 0 TOWN LIFO January 14, 2019, 1:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 PLANNING AND ENVIRONMENTAL COMMISSION 1. Call to Order 1.1. Attendance Present: Ludwig Kurz, Karen Perez, Pam Hopkins, Brian Stockmar, Rollie Kjesbo and Brian Gillette (arrived at 1:05PM) Absent: John -Ryan Lockman 2. Main Agenda 2.1. A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to allow for an increase in the maximum size of a Type III Employee Housing Unit. (PEC18-0031) The applicant has requested this item be continued to the a future regularly scheduled meeting of the Planning and Environmental Commission. This item will be re -noticed at that time. Applicant: Mauriello Planning Group Planner: Chris Neubecker Karen Perez moved to table to a future date. Ludwig Kurz seconded the motion and it passed (5-0). Absent: (2) Gillette, Lockman 2.2. A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 14-10-5, Building Materials and Design, Vail Town Code, and Section 14-10-8, Landscaping, Drainage and Erosion Control, Vail Town Code, relating to wildfire protection and the proposed adoption of the International Wildland Urban Interface Code, and setting forth details in regard thereto. (PEC 18-0035) The applicant has requested this item be tabled to the January 28, 2019 regularly scheduled meeting of the Planning and Environmental Commission. Applicant: Vail Fire & Emergency Services Planner: Chris Neubecker Ludwig Kurz moved to table to January 28, 2019. Pam Hopkins seconded the motion and it passed (5-0). Absent: (2) Gillette, Lockman 2 min. 2 min. February 19, 2019 - Page 197 0 2.3. A request for review of Major Exterior Alteration, pursuant to Section 12-7H- 2 min. 7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0034) The applicant requests that this item be tabled to the January 28, 2019 PEC meeting. Applicant: Lazier Lionshead LLC, represented by Braun Associates Inc. Planner: Jonathan Spence Pam Hopkins moved to table to January 28, 2019. Ludwig Kurz seconded the motion and it passed (5-0). Absent: (2) Gillette, Lockman 2.4. A request for the review a variance from Section 12-7H-10, Setbacks, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a side setback of zero feet (0') where ten feet (10') is required for a new multifamily structure, located at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC 18-0036) The applicant requests that this item be tabled to the January 28, 2019 PEC meeting. Applicant: Lazier Lionshead LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence Ludwig Kurz moved to table to January 28, 2019. Pam Hopkins seconded the motion and it passed (6-0). Absent: (1) Lockman 2 min. 2.5. A request for a recommendation to the Vail Town Council for a review of the 10 min. Vail Land Use Plan map amendment, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the designation of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Medium Density Residential, and setting forth details in regard thereto. (PEC 18-0046) Applicant: Town of Vail Planner: Jonathan Spence Jonathan Spence gave a presentation on Items 2.5 and 2.6 together. They will require separate motions, but will be presented and discussed together. Spence presented the Land Use Plan map, and zoning map. There is no zoning designation on this property. The Town's maps do not have a designation for Land Use or Zoning for this site. Proposal is to apply the same Land Use and Zoning as the adjacent property. This site is part of the Bighorn Townhouses development lot. Medium Density Residential zoning is proposed. Garages for the townhouses are planned by the applicant. Hopkins — Is this still in the avalanche zone? Spence — No — Previously this was in avalanche zone. As a result, the February 19, 2019 - Page 198 c property was transferred to the Town. The map was later amended, based on additional studies. None of these parcels are within Red Avalanche areas. Stockmar — The plat shows a roadway circle. Has that been vacated? Spence — No, not yet. It is planned to be vacated in the future. Dominic Mauriello, representative for Bighorn Townhome Association - . Staff's memo was comprehensive. We have nothing to add. Public Comment — None Ludwig Kurz moved to approve. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Lockman 2.6. A request for a recommendation to the Vail Town Council for a zone district 10 min. boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Low Density Multi -Family District and setting forth details in regard thereto. (PEC18-0039) Applicant: Bighorn Townhouse Association, represented by Mauriello Planning Group Planner: Jonathan Spence Public Comment - None Brian Gillette moved to approve. Ludwig Kurz seconded the motion and it passed (6-0). Absent: (1) Lockman 2.7. A request for the review a variance from Section 12-6F-6, Setbacks, Vail 10 min. Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a rear setback of zero feet (0') where twenty feet (20') is required for a detached garage, located at 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968), and setting forth details in regard thereto. (PEC 18-0038) Applicant: Bighorn Townhouse Association, represented by Mauriello Planning Group Planner: Jonathan Spence 1. "Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal; and 2. The applicant shall clearly demonstrate, via an Improvement Location Certificate (ILC), to the Community Development Department prior to requesting a final planning inspection that improvements have been constructed per plan." 3. Prior to submitting an application for a building permit, they applicant shall record with the Eagle County Clerk and Recorder an amended plat for the subject property which removes the 30' wide road February 19, 2019 - Page 199 0 easement that currently encumbers the property. This plat shall include a note that conveys that the subject parcel is not a stand alone development site but rather a part of the Bighorn Townhouse Development Lot. Spence described the proposal. It will be contingent upon the applicant successfully obtaining approvals for Items 2.5 and 2.6, on the zoning and Land Use Map amendment. The applicant has considered several designs for possible garages. The proposed design and layout was deemed the most appropriate. In the past, lack of an enclosed garage has been deemed a hardship. Dominic Mauriello, representative for Bighorn Townhome Association. — There are 8 units on the property, but only 6 units are allowed. Owners have had to obtain a number of variances, due to some nonconforming conditions. Owners have determined that they did not want additional units, but have focused on building garages. Lack of a garage has been deemed a hardship in this neighborhood in the past. These buildings were built before annexation into the Town. Setbacks we changed for this property after construction of the units. Mauriello showed a map showing the areas of encroachment. He showed how one garage on the south side of the lot would encroach into the setback. The proposed layout was decided to be the best solution. The adjacent property is open space, and not a developed lot. Perez — Does the Town of Vail own Tract C and D? Mauriello — Yes. We felt it was best to maintain the setback on the north, near the road. But feel it's reasonable for the setback variance on the south. There are examples of other properties with similar variances. Perez- Please explain the road easement. If this is vacated, Tract C will not have legal access to a right-of-way. Mauriello — We are only asking to vacate the part of the easement on Bighorn Townhomes property, not that portion on Town property. Perez — My question is if Tract C would be left landlocked if the easement is vacated. Mauriello — Tract C and D are owned by the Town. Access could be provided across Tract D. Perez — Where is Tract A and B? Mauriello — They are the parcels that the Bighorn Townhouses sit on. Public Comment - None Ludwig Kurz moved to approve with conditions. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Lockman February 19, 2019 - Page 200 0 2.8. A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to allow for a subdivision to reconfigure the property line between 2420 Chamonix Road/Parcel D, Chamonix Vail Community (previously known as Parcel B, Vail Das Schone Filing 1), and the 2399 N. Frontage Road W/Vail Das Schone Filing 1, Parcel A, a resubdivision of Tract D, and setting forth details in regard thereto. (PEC18- 0042) This application has been withdrawn. Applicant: Town of Vail, represented by George Ruther Planner: Chris Neubecker 2.9. A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of 2399 N. Frontage Road W./Vail Das Schone Filing 1, Parcel and setting forth details in regard thereto. The rezoning will change a portion of the site from General Use (GU) to Housing (H). (PEC18-0043) This application has been withdrawn. Applicant: Town of Vail, represented by George Ruther Planner: Chris Neubecker 2.10. A request for issuance of a conditional use permit pursuant to Section 12- 61-3, Conditional Uses, Vail Town Code, pursuant to the requirements of Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, to allow for the development of market rate dwelling units within the Housing (H) zone district, located at 2420 Chamonix Road/Parcel D, Chamonix Vail Community (previously known as Parcel B, Vail Das Schone Filing 1) and setting forth details in regard thereto. (PEC18-0044) This application has been withdrawn. Applicant: Town of Vail, represented by George Ruther Planner: Chris Neubecker 2.11. A request for review of a Development Plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code, for the construction of dwelling units and one Employee Housing Unit (EHU) located at 2420 Chamonix Road/Parcel D, Chamonix Vail Development, (previously known as Parcel B, Vail Das Schone Filing 1), and setting forth details thereto. (PEC 18-0045) This application has been withdrawn. Applicant: Town of Vail, represented by George Ruther Planner: Chris Neubecker 2.12. A request for a variance from Section 12-21-10, Development Restricted, Vail Town Code, pursuant to Title 12, Chapter 17, Variances, Vail Town Code, to allow for the construction of a two-family structure with attached Employee Housing Unit on a slope of forty percent (40%) or greater, located at 2420 Chamonix Road/Parcel D, Chamonix Vail Community (previously known as Parcel B, Vail Das Schone Filing 1), and setting forth details thereto. (PEC 18-0047) February 19, 2019 - Page 201 c This application has been withdrawn. Applicant: Town of Vail, represented by George Ruther Planner: Chris Neubecker 3. Approval of Minutes 3.1. December 10, 2018 PEC Results Ludwig Kurz moved to approve. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Lockman 4. Adjournment Karen Perez moved to adjourn. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Lockman The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department February 19, 2019 - Page 202 0 Bighorn Townhouses Rezoning & Setback Variance Date Submitted: December' 15, 2018 Mauriello Planning Group February 19, 2019 - Page 203 0 Introduction The Bighorn Townhouse (BHTH) Association is requesting two applications related to their property located at 4708, 4718, and 4722 Meadow Drive / Bighorn Townhouses. The first request is a zoning of the property indicated in red on the map below. This area, which was erroneously believed to be owned by the Town of Vail until 2013, is currently not designated on the Town's zoning map (an error). The BHTH Association, who owns the property, is requesting the property be zoned Low Density Multiple Family (LDMF), which is consistent with the remainder of the BHTH property, which is indicated in yellow. , Subject Property: 4 4722 Meadow Drive 2101-124-02-010 The second application is a request for a variance from Section 12-6F-6: Setbacks, to allow for the construction of enclosed parking within the 20 ft. rear setback. The BHTH Association is proposed 8 garages on the property shown in red on the map above. Only one of the garages requires a variance, as the others can be constructed under LDMF zoning, should the zoning request be approved. The property adjacent to the variance request is owned by the Town of Vail and zoned Outdoor Recreation (OR). The following indicated the proposed garage plan, and the area of the variance has been indicated in blue. 2 February 19, 2019 - Page 204 0 February 19, 2019 - Page 205 0 Historical Background Bighorn Townhouses are located in East Vail at 4708, 4718, and 4722 Meadow Drive. Bighorn Townhouses were developed under Eagle County jurisdiction in 1968, then annexed into the Town of Vail in 1974. The property includes a four-plex on Tract A, a four-plex on Tract B, and a property identified on the original plat as Parking Easement. Currently, the Town of identifies both Tracts A and B as zoned Low Density Multiple Family. However, the Town currently does not identify zoning on the Parking Easement Area. Eagle County adopted Subdivision Regulations in 1964 and adopted their first Zoning Regulations in 1974. In 1968, the Bighorn Townhouses Subdivision Plat, along with the Declarations of Protective Covenants and Party Walls for Bighorn Townhouses, were recorded in the Office of Clerk and Recorder. At the time, the Plat provided for four Tracts (A, B, C, and 0) and a "Parking Easement" as indicated on the portion of the plat below: 3. PARKING EASEMENTS SHOWN ARE FCR EXCLUSIVE USE OF OWNERS AND RESIDENTS OF THIS SUBDIVISION AND IS IN ADDITION TO 714E ACCESS AND UTILITY EASE- MENTS INDICATED. The Plat indicated the existing Townhouses on Tract A and B, while Tract C and D were vacant. The Parking Easement Area was loosely described on the Plat as follows: •4 r , CLFHE CF I S_4 12. r.} S '1 ISO W. 9II J LOT I 6LOCK FOGHORN SUBDIVISION FIFTH ADDITION 4 February 19, 2019 - Page 206 0 The 1968 Covenants do not provide much additional information on the Parking Easement Area although they indicate that the parking easement was exclusively for vehicles belonging to "unit owners." The Covenants state the following: 5. EASEMENTS; Easements are hereby reserved as shown or described on the recorded plat of the subdivision, There are in addition, easements reserved in the riglit or way of each road for water and all other utilities. All access easements re- flected an the recorded plat of the subdivision shall be for the use and benefit of all owners of land within the subdivision except the access easements approaching the caristructed units on Tract A and Tract F3 which easements shall also he used for under- ground utilities and shall be for the sole use and benefit of t.lie owners of units within each respective tract. The areas within the subdivision designated for parking case- ment shall be exclusively for passenger automobiles belonging to the unit owners acid their guests, shall be limited to two automobiles per unit, and at no t:r«e Shall any automobile be parked thereon for more than seven days without being moved. Auto- mobiles shall not be parked overnight in road easements. Ordinance 13 of 1974 annexed significant portions of East Vail, including Bighorn Townhouses into the Town of Vail. (Ordinance 20 of 1974 amended the legal description). Letters from the Town to the then -owners of Tract C and D indicate that in February of 1977, the Town initiated a rezoning of Tracts C and D to Agricultural and Open Space. In response, the owners stated they would prefer to transfer ownership of Tracts C and D to the Town of Vail since the tracts were located in the avalanche hazard area. Tracts C and D were subsequently deeded to the Town of Vail for $1.00. Bighorn Townhouses retained ownership of the Parking Easement Area though the Town believed it owned area until just recently in 2013. The following section outlines a timeline to explain the errors in ownership information, including why and how the Town does not currently indicate any zoning for the property. 5 February 19, 2019 - Page 207 c Timeline This section is intended to provide a timeline to explain the original zoning of the entire Bighorn Townhouses property at the time of annexation, any subsequent rezoning of the property, and to show that the Town of Vail zoning map is currently in error. • 1968 - Bighorn Townhouses is developed and platted under Eagle County Jurisdiction. • 1974 - Bighorn Townhouses [as part of a larger annexation) is annexed into the Town of Vail by Ordinance 13 of 1974. Ordinance 20 of 1974 later corrected the legal description of this annexation. ^ 1974 - The Town adopts Ordinance 15 of 1974, an emergency ordinance adopting interim zoning for the annexed area, including Bighorn Townhouses. The map was not attached to the zoning ordinance but was located in the Town files. The map is difficult to read for the Bighorn Townhouses property. It appears to indicate "A" or Agriculture zoning for the Parking Easement area. ^ 1974 - The Town adopts Ordinance 26 of 1974, adopting "permanent" zoning for the annexed area. This followed a series of Planning and Environmental Commission hearings where property owners were invited to comment on the proposed zoning of their property. The Ordinance references a map on file, but this map could not be located in Town files. 6 February 19, 2019 - Page 208 0 Undated (1968-1976) - The Town of Vail has a map on file that was identified as "Historic Zoning - Current Conditions between 1968-1976." This map identifies Tracts A and B as zoned Low Density Multiple Family; Tracts C and D as Two -Family Residential, and the Parking Easement Area as Two -Family Residential. A portion of this map is provided below: Legend • Agricultural and Open Space District Single Family Residential District Two Family Residential Districts Residential Cluster District Low Density Multiple Family District Medium Density Multiple Family District High Density Multiple Family District TRACT C B�jhorn owhhous Subdivision 1975 - Avalanche study indicates that a substantial area within the recently annexed Bighorn neighborhood is in a potential avalanche path, including portions of Tracts A and B, all of Tracts C and D, and the majority of the Parking Area Easement. This study also appears to identify the zoning of Tracts A and B as Low Density Multiple Family, Tracts C and D as Two -Family Residential, and the Parking Easement as Two -Family Residential, though the map is difficult to read. fivio 4,7 ATTED 71 nr•-: 7nninp l:ra• �e! tram naps byt+h:i Tnvn 4 VDU : :" WHITE RIPER NATIONAL Foe( fr els+YwwN SUBDIVISION •. F1F7 H ADDITION avund: Rurwl ron:l. hone. Cv.Q l Nullipin -ewi.y ZONING MAP BIGHORN APEA L /L, CVWRAG ) A7'DD0-F1/I11, LTD. PSG.? v -..t .v:191..0i• ¢vnmq F t.x yud 7 February 19, 2019 - Page 209 0 1977 - The Town notifies the then owner of Tracts C and D that they are proposing to rezone Tracts C and D to Agricultural and Open Space due to the avalanche hazard present on these properties. In response, the owners opt to deed the property to the Town for $1.00. Though only Tracts C and D were deeded to the Town, it appears from Town records that the Town believed the Parking Easement Area was also included in this transfer. This error begins a series of actions leading to the confusion about the Parking Easement Area that still exists today. A portion of that deed is provided below: QiRTCT,AT:d DEEP arulmumOir int -JUL: 28,'77...., Princeville Corporation, a Colorado cPrporation princi.nal place of business aL 1860 Lincoln Street, Denver, Colorado 80295, fur One Dollar ($1,00) in hand paid, receipt. of which is hereby acknowledged, doci hereby sell and quitclaim to the Town of Vail, a Colorado municipalcorporation. its succes.4ors and assigns, al] right, ti=le and interest in and Cv the following; realproperty situate in the County of Eagle, fi State of Colorado, to wit, Blocks C and n, Bighorn Tnwnho,x:;r.;, a subdivision, according to the recorded plat thereof, TO RAV13 AND TO HOLn the prcmisrs herein described wide all appurtenances thereto. Dated this Z1:4 gy of February, 1977. PRINCLVIT,LE CO7RPORATION Sr '% i1TJ PCEsidenC ~Y` 1981 - The Town adopts Ordinance 41 of 1981 which rezones Tracts C and D from Two Family Residential (R) to Agricultural and Open Space. The Ordinance clearly identifies that only Tracts C and D were rezoned: LEGAL DESCRIPTION CL RHIN I RECOMMENDED ZONE. ZONE Tract B, Vail ti illaee 2nd Filing PUP (Ski Musreau) `1 rucLs C and D. 1Bigburu Townhouse Subdivision _i k The following maps indicate the error the Town made in rezoning the Parking Easement Area. The first map, from 1981 prior to the adopted of Ordinance 41 of 1981 clearly indicates Tracts C and D, and the Parking Easement Area zoned Two -Family Residential. The second map, from 1984, shows the rezoning of Tracts C and D to Agricultural Open Space which was adopted by Ordinance 41 of 1981, but also shows the Town rezoned the Parking Easement Area in error. The Town's maps also shows the "access easement" as a public right-of-way, another error. 8 February 19, 2019 - Page 210 0 rCa tii'd�sf3r+f'. 1981 TOV Zoning Map] • ACT A TRACT ilDWN OF VAIE ZONING LEGEND A TWO FAMILY RESIDENTIAL DISTRICT 1 fr.., rMmILI 1'1[IF444l14 • 3ELLURLIART 11Gi111A:,Tf I IRL ISTRICT RESIDENTIAL CLUSTER DISTRICT 1 LOW DENSITY MULTIPLE FAMILY DISTRICT MEDIUM DENSITY MULTIPLE FAMILY DISTRICT HIGH DENSITY MULTIPLE FAMILY DISTRICT PUBLIC ACCOMODATION DISTRICT SPECIAL DEVELOPMENT DISTRICT PUBLIC USE DISTRICT COMMERCIAL CORE I DISTRICT COMMERCIAL CORE 2 DISTRICT COMMERCIAL SERVICE CENTER DISTRICT AGRICULTURAL 81 OPEN SPACE DISTRICT L GREENBELT d NATURAL OPEN SPACE DISTRICT 1 HEAVY SERVICE DISTRICT ];;:;E] PARKING -J COMMERCIAL CORE 3 DISTRICT p It Plttlltf..'-r /1 �rr«rrrrfrt 'Rr•�trrrrr trr%I frrr 1984 TOV Zoning Map OO frtttr rte! R!tlrtlr� f .._-•. RIM -MOM TOWN QF VAIL. ZONING LEGEND SINGLE FAMILY RESIDENTIAL DISTRICT rte. TWO FAMILY RESIDENT/AL DISTRICT ® TWO FAMILY PRIMARY/SECONDARY RESIDENTIAL INSTINCT RESIDENTIAL CLUSTIM DISTRICT ® LGw GEN3iTY AMULTIPLE FAMILY CJSTRICT ME D UM 31rr MULTIPLE FAMILY CISTRICT r,1 moire/tarry 1[CLTIPLE FAMILY AIBTg1Cr ® PUBLIC AL O3 UW{TICM DISTRICT SPECIAL 1 VELOPMENT GrSTRrCT ® PUBLIC USE DISTRICT Gis41R 555 COMMERCIAL CORE I DISTRICT COMMERCIAL CORE 2 CI14TRICT ® COMMERCIAL mei 3 aim= AGRd1JLTURAL a OBOE MICE DISTRICT HEAVY SERVICE 0/STRICT T ^_r•"Y• PARKING ARTERML BUSINESS DI57RrcT SISI BASE RECREATION F' HILLSIDE RESIDENTIAL 1991 - A map dated 1991 entitled "Town of Vail Owned Properties" shows that as of this date, the Town believed it owned the Parking Easement Area along with Tracts C and D (hi -lighted area indicates areas owned by the Town): _A=ELL_. 4 2l01410141` �w-1�1•�.1. i9J arrls+f rnim aUul 111 w1 rilgyp(- .. 111•�U 111i1IL F. A. II iha'6L bemas *Lar rPr, Reay Fwd 11Kk A 1-P2 +9a- 9 February 19, 2019 - Page 211 0 1995 - The Town adopts Ordinance 19 of 1995, which, as part of a larger rezoning associated with the adoption of the Town of Vail Open Lands Plan, rezoned Tract C and D from Agricultural and Open Space to Outdoor Recreation. This zoning designation remains today. 1995 - The last version of the Town of Vail Zoning Map to be done on paper (instead of created digitally in GIS) indicates Tract A and B are zoned Low Density Multiple Family, Tracts C and D are zoned Outdoor Recreation, and the Parking Easement Area is zoned Agriculture and Open Space. TOWN OF VAIL ZONING LEGEND SINGLE FAMILY RESIDENTIAL DISTRICT 1T=, TWO FAMILY RESIDENTIAL DISTRICT ® TWO FAMILY PRIMARY/SECONDARY RESIDENTIAL DISTRICT RESIDENTIAL CLUSTER DISTRICT ® LOW DENSITY MULTIPLE FAMILY DISTRICT MEDIUM DENSITY MULTIPLE FAMILY 0157RICT ® HIGH DENSITY MULTIPLE FAMILY DISTRICT PUBLIC ACCOMODATIO,N DISTRICT SPECIAL DEVELOPMENT DISTRICT MIMIP=Mal GENERAL 115E DSTRILT COMMERCIAL CORE I DISTRICT 0 COMMERCIAL CORE a DISTRICT _ _ =1 COMMERCIAL CORE 3 DISTRICT COMMEpAL SERVIG 5J3'TTSR, DISTRICT >TGRIEUL'fVRAL d SPEN SPACE DISTRICT ='9 A NATURAL AREA F 7-1 HEAVY SERVICE DISTRICT DISTRICT PARKING 'DISTRICT PM ARTERIAL BUSINESS DISTRICT t t SKI BASE RECREATION DSTRICT HILLSIDE RESIDENTIAL DISTRICT 14 } I WTDOON RECREATION DISTRICT NOTE: ANY LAND LOT, OR SITE WITHIN THE TOWN OF VAIL MUNICIPAL BOUNDARY WHICH, ACCORDING TO THE OFFICIAL ZONING MAP ,DOES NOT HAVE A DESIGNATED ZONE DISTF SHALL RE DES/GRATED MIA I- RHEA P4F,SERVATIC ZONE DISTRICT 2013 - The District Court decrees that Bighorn Townhouse Association is the owner in fee simple of the Parking Easement Area. The decree states: IT IS ADJUDGED AND DECREED that BIGHORN TOWNHOUSE ASSOCIATION, INC., a C_nlnrndn corporation, Plaintiff, at the time of the commencement of this proceeding, was, and is now, the owner in fee simple absolute, with right to possession of the property described as: THE PARCEL. OF LAND DEPICTED A5 "PARKING EASEMENT", AS SHOWN ON THE PLAT OF BIGI1ORN TOWNHOUSES RECORDED NOVEMBER 13, 1965 AS RECEPTION NO. ]09572, COUNTY OF EAGLE, STATE OF COLORADO AND AS DEPICTED ON EXHIBIT A ATTACHED HERETO (she "Property"); THAT the Lis Pendens is no longer in effect with respect to the Property; and THAT fee simple 111c in and to the Property be and the sure hereby is vested in the Plaintiff, sub,ect to the easements shown on the Plat of the Property and that each of the Defendants are forever enjoined from asserting any other chin:, right: iutetest in or to the Property or any part thereof. ^ 2018 (current) - The Town of Vail zoning map, now a digital map, indicates that Tracts A and B are zoned Low Density Multiple Family, Tracts C and D are zoned Outdoor Recreation, and the Parking Easement Area has no zoning. Shown below as the blank area on the map. 10 February 19, 2019 - Page 212 c I Hillside Residertlsl (-I ▪ SIrlui..Fer.Ily Reekhodiel ISFRy . T r remilly Residents! IR) • Two-Family PrimaryfSeco^de JHeeidenno (P5) ▪ Ree denffiI ClueieriRC] . Loss. D.rxiy MulaFIr•Fainl yO_DMF1 ▪ niece!. re 1lendh/ Mu tiple.ramiy \II)U1 ▪ Hg ^ De -airy rJulnple-Ferri ly (-IDMF) ® Vs 1!'elllega Tuunhouse ▪ HwdngiH} . Aihlir Arc.rnmr.{eh nn iPA) • Public.4xanmodat en-2(FA-21 Cornmescial Coral ICC 1 ▪ Cernmorclal Corr/ ICC2) • f :n,n.rrl.I P,..31f.C3y • L ensheed M reed Use 1 IL I I•'I l ▪ Lentleed hiked Use 2ILMll-21 Co-unsocial rnercial Se Mee Censer ICSC} a▪ 5rlr iel Bushels (MN ■ I l.ery...wrucws 1!:) D.tdoer Recree-ion (CR) 6 Agdeu tura! end Open Space . hes_ i el A..(NAP) . SIS r....M.rr.wri,n ;;1171 . Sid _asefHecreelion 2 (5311-21 ▪ Parkng{P} ▪ General IJse IGl11 hin 1..slyn.r.•1 11 February 19, 2019 - Page 213 0 Zoning Analysis Standard Existing BHTH (Tracts A and BJ BHTH with Parking Easement Area Zoned LDMF Proposed Lot Size: 0.769 acres / 33,510 sq. ft. 1.116 acres / 48,639 sq. ft. Buildable Area: 0.769 acres / 33,510 sq. ft. 1.116 acres / 48,639 sq. ft. Setbacks: 20 ft. 20 ft. Site Coverage: 35% = 11,728.5 sq. ft. 35% = 17,023.6 sq. ft. Density*: GRFA: Height: 9 du per buildable acre = 6.921 du 9 du per buildable acre = 10 du 44% = 14,744 sq. ft. 44% = 21,401 sq. ft. 35 ft. flat/ 38 ft. sloping 35 ft. flat/ 38 ft. sloping Landscape Min of 40% = 13,404 sq. ft. Min of 40% = 19,455 sq. ft. Area: Parking: Per Chapter 10-12 = 16 spaces Per Chapter 10-12 = 16 spaces 1.116 acres / 48,639 sq. ft. 1.116 acres / 48,639 sq. ft. 20 ft. front 20 ft. side 0 ft. rear (proposed for garage 8] 9,108 sq. ft. 8 du (no change) 9,644 sq. ft. (existing - no change] 35 ft. flat/ 38 ft. sloping (no change] Complies 16 space (8 enclosed) *Density variance granted in 1991 to allow for additions to GRFA 12 February 19, 2019 - Page 214 c Criteria for Review: Rezoning Section 12-3-7.C: CRITERIA AND FINDINGS, of the Vail Town Code provides the criteria for review for a Zone District Boundary Amendment. These criteria, along with an analysis, are provided below: 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town Applicant Response: The Vail Land Use Plan provides the following goals, objectives and policies that are applicable to the proposed rezoning: 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. 1.2. The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3. The quality of development should be maintained and upgraded whenever possible. 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. Due to the historical error regarding ownership of the property, which pre -dates the adopted Official Land Use Map of the Vail Land Use Plan, there is no land use recommended for the property, as shown on the following map: r a:N,( el--- \ i 2•X / �� . a71� LAND USE DESIGNATIONS Hillside ResidentialTrans [ion Area Low Density Residential Publ ctSem -Public Medium Density Residential 1 Ski Base High Density Residential —I Park Resort Accommodations and Services = Open Space _ Community Office —I Not Designated = Village Master Plan * Ski Portal LionsHead Redeveopnient Master Plan A/ Gore Creek - Community Commerciol Al Town Boundary Subject Property However, the entire surround neighborhood is indicated as "Medium Density Residential" which is described by the Vail Land Use Plan as follows: 13 February 19, 2019 - Page 215 c MDR Medium Density Residential The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional / public uses such as parks and open space, churches and fire stations The proposed rezoning is consistent with the Vail Land Use Plan. The historical error in ownership lead to the Town generally mapping the property as right-of-way, though it was not. Had it been correctly identified as private property, it is likely that the Land Use Plan would have included it in the "medium density residential" land use category. The BHTH Association plans to use the property to provide enclosed parking for the owners. This too, is consistent with the Vail Land Use Plan policies and objectives, which encourage the upgrading and maintenance of existing development within the Town. As a result, the proposed zoning of LDMF is consistent with this criterion. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents Applicant Response: The BHTH consists of 8 townhouse units, zoned LDMF. The following map indicates the land uses and zoning surrounding the subject property: Mountain Meadows Ownership: Private Land Use: Multiple Family Residential 3' 1 Zoning: RC Riverbend Ownership: Private Land Use: Multiple Family Residential Zoning: LDMF LTPTS aKU aTim Bighorn Park Ownership: TOV Land Use: Park/Openspace Zoning: OR Ownership: TOV Land Use: Openspace Zoning: OR The zoning designation of LDMF is consistent with the existing and potential uses in the surrounding area. Multiple family residential is common in the neighborhood, with these uses adjacent to BHTH to the west. Open space and park uses surround the remainder. The 14 February 19, 2019 - Page 216 0 proposed zoning of LDMF is consistent with the existing BHTH use, and those uses of the surrounding neighborhood. As a result, the proposed zoning is consistent with this criterion. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives Applicant Response: Because of the error in ownership information, the property is currently indicated as unzoned by the Town of Vail Zoning Map. The proposed LDMF zoning is consistent with the existing zoning for the remainder of the BHTH property, and is the appropriate zoning for the subject property. The site is then treated as one for development standards and development potential. Any other zoning would create inconsistencies and confusion. As a result, the proposed zoning is consistent with minimal development objectives. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole Applicant Response: Because the Town believed this property was town -owned right-of-way, all current zoning and planning documents do not indicate any zoning or land use for the property. Because the property is owned by the BHTH Association and is part of their overall development site, zoning it anything other than LDMF would be inconsistent with the neighborhood. The zoning designation of LDMF is consistent with the zoning of the BHTH, provides for the growth of an orderly viable community, and would not constitute a spot zoning. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features Applicant Response: The eastern portion of the subject property is currently used for driveway and parking, along with a trash dumpster for the BHTH. The western portion of the property is vacant. The trail shown in the google earth image is just off the property on Town of Vail -owned land. The vacant area is generally flat and has little vegetation, consisting mostly just of native grass. 15 February 19, 2019 - Page 217 0 Zoning this property LDMF will have no adverse impacts on the natural environment. As a result, the proposed zoning amendment is consistent with this criterion. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district Applicant Response: The proposed zoning of LDMF is consistent with the zoning on the remainder of the Bighorn Townhouses. The purpose of LDMF is as follows: 1 2-6F-1: PURPOSE: The low density multiple -family district is intended to provide sites for single-family, two- family and multiple -family dwellings at a density not exceeding nine (9) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The low density multiple -family district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with low density occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards The BHTH Association is proposing to use the property to provide enclosed parking for the existing 8 townhouses. Because the property is not currently zoned, LDMF provides appropriate development standards and uses commensurate with the remainder of the BHTH property. The proposed zoning makes the BHTH conforming with respect to density. As they exist today, they are nonconforming with respect to density. As a result, the proposed zoning is consistent with this criterion. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate Applicant Response: The historical background provided in this submittal outlines the unique conditions that have afflicted this property. All Town maps currently indicate this property as "unzoned" or "undesignated" due to the historical error in ownership, which was resolved by court decree in 2013. The property belongs to the BHTH Association and is part of their development site. The property should therefore be zoned LDMF, the same as the remainder of their property. 8. Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. Applicant Response: Any additional information requested by the Planning and Environmental Commission and/or Town Council can be provided by the applicant. 16 February 19, 2019 - Page 218 0 Criteria for Review: Setback Variance Section 12-17-6: CRITERIA AND FINDINGS, of the Vail Town Code provides the criteria for review for a variance. These criteria, along with an analysis, are provided below: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Applicant Response: The proposed variance is to allow for the construction of enclosed parking for each of the units. The BHTH currently only have surface parking. The garages, each 300 sq. ft., allow each unit to have one enclosed parking space. This is a benefit to other uses and structures in the vicinity as it eliminates surface parking while also providing opportunities for storage of outdoor equipment such as bicycles, skis, kayaks, etc. The area of the encroachment into the rear setback is adjacent only to the Town's property, currently zoned OR. This land is open space, and based on the recently adopted 2018 Open Lands Plan, there are no plans for this property to be developed or improved. There are no impacts to any uses or structures in the vicinity and therefore the requested variances is consistent with this criterion. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Applicant Response: There have been various variances granted to properties in the vicinity. Specifically, Mountain Meadows was granted a setback variance in 1979. The circumstances of that variance were not similar to this request by the BHTH, but does indicate that sites in the vicinity have received variances. A height variance was granted in 1983 to the house at 4768 Meadow Drive, which is the closest single- family residence to this property, located adjacent to the Town -owned property. In addition, the near -by Vail Racquet Club was granted a density variance. The BHTH also 17 February 19, 2019 - Page 219 0 received density variances in the past. Variances to facilitate the construction of enclosed parking are common throughout the Town of Vail. A front setback variance was granted at 5042 Snowshoe Lane to construct enclosed parking. This property was allowed to construct a garage with a 0 ft. front setback. A side setback variance was granted to 5109 Black Bear Drive to construct a garage within the side setback. The Town has consistently found that the lack of enclosed parking is a valid hardship for a variance for the construction of garages and that it is not a grant of special privilege to approve similar variances. As a result, the proposed variance is consistent with this criterion. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Applicant Response: Due to the nature of this variance request, there are no negative effects on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 18 February 19, 2019 - Page 220 0 Adjacent Properties MPG PO Box 4777 Eagle, CO 81631 BIGHORN TOWNHOUSE ASSOCIATION INC BILL BERNARDO 221 OAK KNOLL RD BARRINGTON, IL 60010-2615 TOWN OF VAIL FINANCE DEPT 75 S FRONTAGE RD W VAIL, CO 81657-5043 MOUNTAIN MEADOW CONDOMINIUMS McNeill Property Management PO Box 4694 Vail, CO 81658 RIVERBEND AT VAIL HOMEOWNERS ASSOC PO BOX 1 157 VAIL, CO 81658-1157 19 February 19, 2019 - Page 221 0 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Adjournment 9:30 pm estimate TOWN Of UAIL February 19, 2019 - Page 222 0