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Home My WebLink About2018-02-26 PEC0 PLANNING AND ENVIRONMENTAL COMMISSION TOWN OF VAIO February 26, 2018, 1:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 Call to Order 1. 1. Present: Brian Gillette, Pam Hopkins, Ludwig Kurz, Karen Perez, John Rediker, Brian Stockmar Absent: John -Ryan Lockman 2. Site Visits 2.1. 332 Mill Creek Circle - Triple Threat LLC 3. Main Agenda 3.1. An update regarding the 2017 Comprehensive Open Lands Plan and setting 15 min. forth details in regard thereto. (PEC17-0049) Applicant Town of Vail, represented by Tom Braun, Braun and Associates Planner: Chris Neubecker & Kristen Bertuglia Neubecker introduced Kristen Bertuglia, Environmental Sustainability Manager, who provided a brief update on the recent events associated with the Comprehensive Open Lands Plan update. Events include: a wildlife forum, meetings with technical assistance groups, and providing responses to public comment. Bertuglia then introduced Bill Andree, Colorado Parks and Wildlife. Andree discussed the decline in wildlife, specifically from Vail Pass to Lake Creek in Edwards. A recent count found appro)amately 1,200 elk. In comparison, previous studies counted approximately 3,500 elk. The number of calves per 100 cows is from the 50-60 range, compared to recent counts in the low 30s of calves per 100 cows. Andree stated that the declines can be attributed to loss of habitat due to development as well as a lack of wildfires. According to Andree, the impact of humans, including recreation, on wildlife has been substantial. A recently conducted study in the area found that the calf to cow birth ratio decreased when there was human interaction with the elk. When the human interaction stopped, calf birth rates increased. Rediker —Asked if elk are moving to neighboring units due to human interaction. Andree responded that they have not studied all of the other units. Gillette —Asked if the elk population decrease was statewide, or just in certain sectors. Andree responded there are 4 specific units that have shown decreases in calf counts. Kurz —Asked how the decrease in elk affects other species. Andree stated that there is a similar concern for other wildlife. Sheep and deer have had an overall decrease in the area since the 1990s. Kurz followed-up by asking if other ski areas like Telluride have experienced similar decreases. Andree stated that the Telluride area is different from Vail in that it still has substantial ranches, whereas Vail does not. Rediker — Summarized the two (2) primary concerns being human interaction during calving season and that there is less food in the area, but he asked if there are other factors such as disease that can be attributed to the decline. Andree stated that they are researching chronic wasting disease, but it has not been found to be a major issue. Other issues include ticks and blue tongue disease found mostly in deer. Kurz —Asked for clarification regarding habitat projects. Andree confirmed that Colorado Parks and Wildlife has not done any recent habitat projects. Kurz asked if there are any long term options for habitat projects. Andree confirmed and mentioned plane -seeding as an example. Gillette —Asked for specific projects to improve the habitat in the sector and their associated costs. Andree was unsure and stated that it depends on the project and other factors, but he did provide some estimates of cost per acre. Stockmar —Asked if the lack of controlled burns can be addressed. Andree stated that there was a burn project funded, but the residents were opposed to the risk presented by the burn. Hopkins — Stated that the proposed controlled burn was more than ten years ago and that there should be another effort made now that the residents are more educated and have seen other successful controlled burns. Andree stated that human interactions that requires an elk to move during the winter season requires the elk to expend large amounts of energy. This can impact the health of calves. Recreation can also limit the amount of nutrition available and the elk's amount of time to eat. Hopkins —Asked for more information on how hikers, bicyclists, etc. impact elk and at what distance they may have an impact. Andree responded that it depends on the mode of transportation, but from either side of the trail it can be from 500 meters for a hiker to 1500 meters for motorized vehicles. Rediker —Asked if that distance means that anywhere in the valley with an existing trail, no elk will be able to raise a calf. Andree stated that some elk will choose to, but probably not many. Rediker asked for confirmation of the decline of elk from 5,000 in the early 1980s to the current estimate of 1,200. Andree confirmed. Andree further explained how the counts are conducted. Stockmar —Asked what can be done to help. Andree stated that they need to decide what a healthy elk count should be. Improving habitat is another way to help the elk population. The Town should identify areas where no further trails are necessary. Stockmar stated that it sounds like there are political issues, such as USFS policy, preventing Andree from implementing projects. Gillette —Asked what a decent yearly budget would be to start funding projects. Andree responded that approximately $15,000 annually would be an acceptable level, but in order to bring the elk population back, more than money would be required. For example, certain areas would need to be identified for protection. Hopkins —Asked aboutAndree's experience with trail closures. He responded that last year there was an attempt to close the North Trail, but there were still 200 people over 10 days that used the trail. Gillette —Asked if gates at the trailheads would help limit trail usage during closures. Andree confirmed. Kurz —Asked if trail closures elsewhere are disregarded as much as in Town. Andree stated that gates may be ignored, but he has not seen the problem to the same extent elsewhere as it is in Vail. Craig Wescoatt, Game Manager, Colorado Parks and W ildlife, commented on the costs of gates, such as the one used on the trail near the ice rink in Eagle. He added that one of the problems is that people do not follow the closure when signs are unclear. He recommended very simple signage noting the trail is closed. Hopkins — Stated that she thinks it is more of an educational issue than an issue of denying access through gates. Stockmar — Stated that he thinks the problem is more based on the spurious use of the trails by visitors. Kurz — Stated that he watched the wildlife forum online and was impressed by it. He added that he will be looking for a recommendation from Andree's group of 3-4 initiatives the Town can pursue to address the decline of the elk population. Andree stated that he will do as requested. Bertuglia stated that the revised Comprehensive Open Lands Plan Update draft will be available for public comment prior to the March 26, 2018 PEC meeting. Rediker allowed for public comment during the work session. Bill Hoblitzell, Vail Valley Mountain Bike Association, stated that his association has an educational program with the USFS that will begin this year. The Association also participates in the Eagle County adopt -a -trail program. The Association will also have volunteers at trailheads that will monitor trail closures during the upcoming calving season. Mr. Hoblitzell stated that there is a program in Snowmass that has a camera at trailheads that can help to issue tickets to those violating trail closures. Tom Vucich stated that Commissioner Kurz's request for recommendations from Colorado Parks and Wildlife is a good idea. Mr. Vucich stated that he attended the wildlife forum and believes that the most important lesson to take from the forum was to stop the further fragmentation of wildlife habitats. He believes wildlife issues supersede some of our human wants. I n regards to the Comprehensive Open Lands Plan Update, he stated that he opposes the Vail Trail and it should be removed from consideration. Diana Donovan stated that an important lesson from the wildlife forum is that when an animal moves after seeing a human, they may move to the next meadow, but this causes a chain reaction in which other animals then leave for the next meadow, and so on. In response to Commissioner Gillette's question regarding what is new in the Comprehensive Open Lands Plan Update draft, Tom Braun, Braun Associates, Inc., stated that there will be areas marked for no trails and statements regarding the need for extensive study prior to the construction of any new trails. The idea is to complete the Comprehensive Open Lands Plan Update and then examine trails at a more detailed level if, or when, any trail construction is proposed. Gillette stated that he believes one of the first steps should be to provide a budget for annual wildlife habitat improvements. 3.2. A request for the review of a variance from Section 12-6D-6, Setbacks, Vail 5 min. Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for a variance to a side setback, located at 1200 Ptarmigan Road, Unit A/ Lot 1, Block 8, Vail Village Filing 7, and setting forth details in regard thereto. (PEC17-0047) Applicant:Eileen Hyatt, represented by RKD Architects Planner: Matt Panfil Ludwig Kurz moved to table to March 26, 2018. Brian Stockmar seconded the motion and it passed (6-0). Absent: (1) Lockman 3.3. A request for review of a final plat, pursuant to Title 13 Chapter 4, Minor 30 min. Subdivisions, Vail Town Code, to allow for a subdivision to reconfigure the property line at 332 Mill Creek Circle/Lot 11, Block 1, Vail Village Filing 1, and setting forth details in regard thereto. (PEC18-0001) Applicant Triple Threat NLC LLC, represented by Braun Associates Inc. Planner: Matt Panfil Panfil introduced the application and provided the commission with a brief background on the subject property and the proposed reconfiguration of the property line. The reconfiguration will allow the redevelopment of 332 Mill Creek Circle (Lot 11). Rediker — Stated the history behind the subdivision is confusing and asked for clarification. Panfil stated the Town is looking to verify that Lot 11, with its new area (Parcel B) and Lot 10, without Parcel B, are conforming to the subdivision and zoning regulations. Staff found that the proposed subdivision conforms to all regulations. Commissioner Gillette asked if the owner of Lot 10 has been informed about the process and meeting. Panfil stated the Town Attorney reviewed the proposal and stated that the owner of Lot 10 is not required to sign off on the proposal based on the chain of title going back to 1974, the last time Lot 10 had any claim on Parcel B. However, Lot 10 did receive public notice of the application. Tom Braun, representative of Triple Threat NLC LLC, stated that the application is to formalize something that was done in error in 1974. At the time, Fitzhugh Scott, who designed much of Vail Village, owned Lot 11 and Lot 10. Scott wrote a legal description for the area (Parcel B) highlighted in orange on Exhibit (legal description), dated November 21, 1972. He then excluded the area highlighted in orange from Lot 10 and included the area with Lot 11. The division of land occurred without going through the required subdivision process, creating a separate strip of land, but not a unified development lot. Lot 11 has been conveyed with Parcel B, or Lot 10 has been conveyed without Parcel B 11 times since 1974. Triple Threat NLC LLC bought Lot 11 approximately one year ago and thought Lot 11 included Parcel B until speaking with the Town. Upon closer review, the applicant and the Town realized the two lots needed to be cleaned up and formalized into one development lot. Lot 10 owner has been talking to Triple Threat NLC LLC about the demolition of the pool for several months. The resolution is to formally approve a subdivision that validates what Fitzhugh Scott did back in 1974. Lot 10 gets smaller by approximately 1,200 square feet and Lot 11 gets larger by approximately 1,200 square feet. If the proposed subdivision plat is approved, Triple Threat NLC LLC will redevelop Lot 11 with a new single-family home and remedy existing nonconformities, including the garage in the Town -owned right-of-way. Jim Wear, the applicant's attorney, stated he has been working for the last five (5) months with the owners of Lot 5 and Lot 10 to eliminate the swimming pool area easement. Currently, all three lots have access to the pool structure, but the only lot that uses it is Lot 5. The owners of Lot 10 and Lot 11 would prefer to get rid of the pool. Wear is finalizing an agreement with the three lots. Gillette —Asked about the building restriction line on Lot 10 and stated his concern that a nonconformity is being created. Braun stated the plat is not changing anything on Lot 10. Panfil reiterated Braun's statement that no new nonconformities are being created and that the building restriction line had nothing to do with the request at hand. Gillette stated that he believed the dividing line should not be part of the plat and asked if the note and line could be deleted since it has nothing to do with the plat for Lot 11. Braun affirmed. Wear stated he is working to abandon the swimming pool easement with the owners of Lot 5 and Lot 10. Braun stated the building restriction line can be deleted from this plat. The easement for the pool will be discussed amongst the three parties amongst themselves in the future. Panfil mentioned if the commission is going to make a motion for approval, there is a minor error in the proposed plat. Where there is currently a signature block for an Administration Certificate, there should be a signature block for a Planning and Environmental Commission Certificate. There is a suggested condition of approval to correct this error. Stockmar —Asked if it makes sense for the commission to table the application until the ne)d meeting. Braun stated that he did not believe it is necessary to continue the item to the ne)d meeting as the applicant can modify the plat based on the condition Panfil suggested, as well as include a condition of approval that they will remove the building outline and the building restriction line from Lot 10, per the request of Commissioner Gillette. Rediker —Asked if there are any other questions or concerns from the Commission. As there were none, he opened public comment. As there was no public comment, he allowed for final comments from the commissioners. Stockmar — Believes there will be many of these cases over the years. Stockmar was pleased with incrementally cleaning up the mess. He is comfortable with the proposal. Gillette —Agrees with Stockmar. Kurz —Agrees with Stockmar and Gillette. Perez —Agrees with Commissioners Kurz, Stockmar, and Gillette as long as Gillette's proposed condition is added. Hopkins —Agrees with the commissioners Rediker —Agrees with the rest of the commissioners and staff. Conditions of Approval: 1. The applicant shall revise the proposed final plat (Attachment C) to remove the "Administrator Certificate" and replace it with a "Planning and Environmental Commission Certificate." 2. The applicant shall revise the proposed final plat (Attachment C) to remove the "Building Restriction Line" illustrated on Lot 10. Brian Gillette moved to approve with conditions. Brian Stockmar seconded the motion and it passed (6-0). Absent: (1) Lockman 3.4. A request for the review of an amendment to the approved Solar Vail 60 min. development plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code, for the construction of employee housing units (EHUs), located at 501 North Frontage Road West / Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard thereto. (PEC18-0002) Applicant Sonnenalp Properties Inc., represented by GPSL Architects Planner: Chris Neubecker Neubecker began by stating that this item and PEC 18-0003 on the variance would be discussed together as they are inherently related to each other. Neubecker introduced the proposal and provided the commission with a brief background on the subject property. The new building will include 65 employee housing units (EHUs). Some changes and improvements have taken place since the last review b the PEC. Specifically, the GRFA of the 65 units will go up by a total of approximately 383 square feet. The largest change to the site plan is the new driveway connecting Red Sandstone Elementary School to the subject property. Only fire trucks and trash trucks will be able to cross into Red Sandstone Elementary School by entering from the west and exiting to the east. The school district has approved the plan and the Town Council has authorized the applicant to continue through the process since the Town owns the land. The Design Review Board (DRB) asked for additional landscaping, which is shown to the west and to the east of the proposed building. In addition to the changes to the development plan, the applicant requests a variance for the width of the garage door and associated drive aisle. Rediker —Asked how many of the parking spaces will be accessed from the garage door. Neubecker stated 12 parking spaces. The Town Engineer requested that the applicant's engineer write a letter about safety conflicts resulting from the reduced width of the garage door. Greg Hall, Public Works Director, is in attendance and can answer questions from the commission if necessary. Rediker —Asked if the commissioners had any questions for staff. There being no questions, Rediker asked for the applicant's presentation. Henry Pratt, the owner's representative, highlighted that the additional GRFA created by the proposed changes is all internal. The building envelope has not changed from what was last approved. The applicant approached the Town and the school and they agreed to the access from the west. Trash collection occurs only once a week and fire equipment can now access from the west. Trash trucks can arrive at hours outside of the school's drop-off and pick-up hours. Rediker —Asked that the trash trucks not conflict with pick-up and drop-off hours at school. Pratt noted the request for a variance for a 12 foot wide garage door is necessary in order to gain additional parking spaces. The letter that the Town of Vail engineer requested as a condition of approval has not been met, but Pratt stated that it is the same building and same project as previously approved. Rediker —Asked if due to the emergency vehicle access from west, if a fire truck has to access the subject property during drop-off or pick-up hours, will it be able to pass through the school site. Pratt stated if a true emergency happened, the trucks could enter from east and travel to the west. Kurz — Stated that most of the changes are positive. Asked if the project is anticipated to be completed in one (1) or two (2) construction seasons and how it will impact the Sonnenalp's operations? Sebastian Faessler stated that Sonnenalp Properties, Inc. feels confident the construction can take place in two (2) seasons. Gillette —Asked to clarify the voting process due to the fact that there are two agenda items involved with the request. Neubecker explained how the voting process should occur, including first voting on the variance, then the development plan. Hopkins — W ill vote to approve. Perez — There have been a lot of variances for this project. She encourages staff to look at the variance process in the future for projects. Rediker stated that variances are necessary to get the project done and that the commission has found that the variance criteria have been met. Pratt —Asked for clarification of staff's comment about the letter from an engineer. Gillette —Asked to discuss the building height changing by one and one-half feet (15). Gillette suggested they modify the variance then modify the development plan by adding a maximum building height. Greg Hall stated that the Town of Vail has facilities in town without the lighting system with garages at widths of nine (9) to ten (10) feet. Conditions of approval: 1. Approval of this amended development plan is contingent upon the applicant obtaining Town of Vail approval of an associated Design Review Board application; 2. The applicant shall obtain an access agreement from the Town of Vail, in a form acceptable to the Town Attorney, for any and all driveway improvements on, over or across Town owned Tract A, Middle Creek Subdivision and across Town owned Vail Potato Patch, Block 2, Lot 8. Such agreements shall be executed prior to issuance of a building permit; 3. Concurrent with the submission of a building permit application, the applicant shall submit a site specific geological investigation, in accordance with Section 12-21-13, Vail Town Code, for any proposed development within a mapped Rock -fall Hazard Area. The applicant shall be responsible for any changes to the building permit plans required by the professional geologist or registered professional engineer who prepared the report; 4. Prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy for the building, the applicant shall legally execute and record with the Eagle County Clerk and Recorder the Town of Vail Type VI employee housing unit covenant for all sixty-five (65) residential units within the building; and 5. Prior to issuance of a building permit, the applicant shall exchange eleven (11) existing deed restrictions on the property to other locations in the Town, through the Employee Housing Unit Deed Restriction Exchange Program, Section 12-13-5 Vail Town Code. Brian Stockmar moved to approve with conditions. Ludwig Kurz seconded the motion and it passed (6-0). Absent: (1) Lockman 3.5. A request for the review of a variance from Section 14-5-1, Minimum 10 min. Standards, Vail Town Code, in accordance with the provisions of Title 12, Chapter 17, Variances, located at 501 North Frontage Road West / Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard thereto. (PEC 18-0003) Applicant Sonnenalp Properties Inc., represented by GPSL Architects Planner: Chris Neubecker This item was discussed in conjunction with PEC 18-0002. Brian Stockmar moved to approve with conditions. Ludwig Kurz seconded the motion and it passed (6-0). Absent: (1) Lockman 4. Approval of Minutes 4.1. February 12, 2018 PEC Results Brian Gillette moved to approve. Brian Stockmar seconded the motion and it passed (6-0). Absent: (1) Lockman 5. Adjournment The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department Published in the Vail Daily February 23, 2018 City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: February 26, 2018 ITEM/TOPIC: An update regarding the 2017 Comprehensive Open Lands Plan and setting forth details in regard thereto. (PEC17-0049) ATTACHMENTS: File Name Comprehensive Open Lands Plan Update 112717.pdf 171121 OPL update including Appendix compressed.pdf Paul Rondeau Letter 110817.pdf Tom and Blondie Vucich PEC COLP update letter.pdf Anne Essen November 20 PEC Comment.pdf Patti Langmaid Letter OLP November 12.pdf Blondie Vucich Letter.pdf 2015 Vail Trail expansion (2).pdf State of Wildlife in Gore Valley 112717.pdf DRAFT 04-26-2016 Mears Wilbur Vail Trail report.pdf 2-19-16 Eastern Segment Geologic Hazard Opinion (4).pdf Description 2017 Open Lands Plan Update Memorandum Draft Open Lands Plan Public Comment Vucich Public Comment Esson Public Comment Langmaid Public Comment Blondie Vucich Public Comment Vucich-Andree Communication Public Comment State of Wildlife in the Gore Valley Mears Report - Vail Trail 2016 Mears Letter - Vail Trail 2016 0 rowN of vain Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 27, 2017 SUBJECT: A work session regarding a request for a recommendation to the Vail Town Council on the adoption of the 2017 Comprehensive Open Lands Plan and setting forth details in regard thereto. (PEC17-0049) Applicant: Town of Vail, represented by Braun Associates, Inc. PURPOSE This work session of the Planning and Environmental Commission provides an opportunity for review, questions and comment on the 2017 Comprehensive Open Lands Plan Update (OLP) In recognition of the Commissioners' request for adequate time to review materials and hear from the public, there is no staff recommendation at this time. The 1994 OLP, the 2017 update, and additional information may be accessed: http://www.vailgov.com/openlandsupdate. II. BACKGROUND In December, 2016, the Vail Town Council authorized an update to the 1994 Comprehensive Open Lands Plan, which is an action -oriented plan that identifies specific, undeveloped, or vacant parcels of land for protection of sensitive lands, trail easements and critical trail connections or for future public use. The process for updating the OLP involved revisiting the existing 1994 OLP to identify initiatives that have been addressed (and those that have not); reaffirming via a community engagement process the goals, objectives and initiatives of the existing OLP, and drafting an updated plan with goals, objectives and initiatives reaffirmed or identified during the process to address the community's needs. The five objectives of the `94 Plan were to: 1. Identify a comprehensive system of open space uses such as parks, recreation, protection of environmental resources, trails and to reserve lands for public uses, 2. Prioritize available open lands for acquisition or protection, 3. Identify creative strategies to implement the acquisition and protection program, 4. Define a management system to appropriately manage Town -owned open space lands, and 5. Buffer neighborhoods with open space. The process for updating the '94 Plan was designed to address the following objectives: 1. Confirm the community's overall goals and priorities for the Plan 2. Evaluate the Action Plan and identify any new Action Items necessary to implement the goals of the Plan 3. Provide better direction for the future development of recreation trails 4. Evaluate Town -owned lands for how they can be used to meet community needs 5. Define management strategies for Town -owned lands. III. CONSIDERATIONS FOR REVIEW Adoption of a Master Plan The adoption of an amendment or update to a master plan needs to be in concert with the Town of Vail's Comprehensive Plan. The adopted master plan shall support, strengthen, and further the development objectives of the town. To ensure consistency with these objectives, the following factors for consideration are applied. 1) How conditions have changed since the original plan was adopted; Staff finds that conditions have changed in the following manner since the adoption of the 1994 Comprehensive Open Lands Plan: o Significant population growth in Vail and in Eagle County o Increased summer visitation o Gore Creek is now listed on the State's 303(d) list as an impaired waterway o Ever-increasing challenges with establishing workforce housing in Vail o Development of regionally -oriented recreation facilities in down -valley communities o On-going redevelopment in Vail that has increased the density and intensity of use on many properties o A dramatic increase in the level of use and types of use on recreational trails. 0 38 of the 51 original identified Action Items have been completed 2) How is the original plan in error? While staff finds that the 1994 OLP is not in error, it is over 20 years old. In order to remain relevant and consistent with the changing conditions and goals of the community, the plan needs to be updated on a consistent basis. This update to the OLP, while different, still achieves the original objectives and is consistent with the purpose of the 1994 OLP: o To identify and develop strategies for acquiring or protecting key remaining open lands in Vail that would be valuable for recreation, protecting sensitive environmental resources, extending or connecting trails, providing adequate neighborhood open space, and creating a small amount of contingency land for unforeseen needs (e.g. employee housing, public facilities). 3) How the addition, deletion, or change to the OLP are in concert with the plan in general. Staff finds that the identified actions and supporting narrative of the 2017 update of the Comprehensive Open Lands Plan are consistent with the stated goal and objectives of the original and proposed OLP: Town of Vail Page 2 Goal: The goal of the planning process was to update the OLP to provide a framework for effectively implementing actions to achieve Vail's goals for the preservation of open lands, the development of trails, and the use of town lands. Obiectives: o Confirm the community's overall goals and priorities for the OLP. ■ The OLP process included a comprehensive and appropriate public input process, the results of which were utilized to inform the content of the OLP. The community and the Vail Town Council reaffirmed the original objectives of the '94 Plan, reiterating the priority of protection of environmentally sensitive lands and wildlife as a top priority. o Evaluate the Action Plan and identify any new action items necessary to implement the goals of the OLP. ■ Of the 51 action items from the '94 Plan, 38 were either implemented, partially implemented, addressed in alternative ways or the item has been deemed to no longer be feasible. ■ There are 106 privately owned, undeveloped parcels in Vail, and each was evaluated to determine if any could accommodate public facilities and community -oriented uses. Three were identified for potential affordable housing, and others were identified for environmental protection, or deemed infeasible for development. ■ In total 29 action items are proposed and included in the OLP for the purposes of trail expansion or development, protecting environmentally sensitive lands or wildlife, or for a community use such as local resident housing and other public facilities. o Provide better direction for the future development of recreation trails. ■ An extensive trails scoping and public input process was included in this update to the OLP, and has resulted in 16 new identified trails or trail connections, along with safety, wayfinding, and educational opportunities. o Evaluate town -owned lands for how they can be used to meet community needs. ■ All 161 town -owned parcels were evaluated to determine if any could accommodate the town's future needs for public facilities. Parcels that were already developed or those that had site characteristics that would prevent development were eliminated. The eight parcels that were deemed to be appropriate for further consideration are included in Chapter 3 of the OLP. o Define management strategies for town lands. ■ Additional management strategies were identified and included in Chapter 6 of the OLP, including the management of land for the purposes of enhanced biodiversity, the development of local resident housing, and public facilities such as community solar farms, snow dump, disc golf, and a performing arts center. IV. STAFF RECOMMENDATION Staff recommends the Planning and Environmental Commission review the OLP draft for alignment with the recognized and adopted objectives. Staff requests that the Commissioners highlight any aspect of the Plan that are not in congruence with any of the objectives, ask any pertinent questions, provide comment, and continue this item to December 4, 2017. V. ATTACHMENTS A.) 2017 Comprehensive Open Lands Plan Update — Redline included with comments from the PEC, public, and interested organizations B.) Public Comment C.) Wildlife Input —Technical Experts Town of Vail Page 3 LU cn ~ z t v g I y x ti CL � 0 o N c v F �'. LZ z5 •.. _ 1•p. Z O 14,5 H N L E E � v _ CL _ amu° O v N1 z z C ti E o Zv J Q E O v o J W Co >v Z Q 4J u W W 1L. z LU v i � ti a O w c v v v N v v r a v ti o z 0 � ¢¢ Na ji= ' -_ ,ol f.,_ F �'. LZ z5 •.. _ 1•p. 14,5 ji= ' c 0 0 ti 0 o 0- E ti c c Q 0 0-0 O U ~ N >0 c ) =� Q. = U m 0 0 0 E � 6l vii +� U E L — J 0 0 ru c �� 0 0 Q Q.) --� U ti - m U Lu m 61 C UQ.) o U U U l� O m w iL iL w J UZ E 0 Z LU W CL Udo Z J o U J=_ Z� >, a a 0 O � -0 i � � � — � H a m s Oma_ (�:3 Q.) Q.) 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D . / 2 /« _ / » / \ / ■ I d / 0 / g § K o© o y y E y\ � o >,� � � < \ ® z © ^ \ \ § ■\// 2 D J p u cn \ 0 0 m 2 c 2 w c 3 3 z O a W V) z O u O w W O V) J a z a J CL H J_ a J a W V z u k November 8, 2017 To: PEC Members cc: Vail Town Council From: Paul Rondeau Subject: Open Lands Plan Update re Middle Bench Reference: PEC meeting encouraging public input, scheduled for 11/13/2017 Folks .... A significant fact was left out inside the referenced document regarding Middle Bench of Donovan Park. Access to the entire 2.1 acre parcel via the upper Matterhorn Circle Road is periodically blocked for the following: [] For portions of the day during any month of the year..... it is regularly closed off for Vail Fire Department training. [] For days or weeks at a time..... it has been closed off for cut tree storage and truck removal --the most recent during October and November of this year. [] For months at a time..... it has been closed off for storage of building and road materials. Just making sure the information is as complete as possible. Regards, Paul Rondeau November 20, 2017 To: All Vail PEC Commissioners Thank you for the time allotted last week for public comment regarding the Comprehensive Open Lands Plan Update (COLPU) draft that is now before you. Thank you, also, for tabling this item on your agenda and, therefore, allowing the general public, as well as yourselves, more time to digest, understand and comment on this very important issue. The COLPU draft is before you now is a direct result of a flawed TOV process 11/2-2 years ago when a plan for "renovation and extension" of the Vail Trail (aka South Trail in the original COLP from 1994) was being pushed through an approval process for town council consideration. That process allowed for no public comment on the proposal in spite of numerous references by TOV staff that several "open house" type information sessions would be held to solicit public input and questions— there weren't any. It was only after numerous resident outcries and objections did the town council pull the proposal and call first for an update to Vail's COLP. That update process has now been in the works for the better part of 2017. Significant time and effort have been invested by many stakeholders and the result is now the draft that was put out by town staff on November 11— just 9 days ago. Again, we applaud you for tabling this item to give you more time to review this important guiding document for the future of our community. It is obviously a detailed and complicated document—one that, in its review process should allow for un -hurried analysis, questioning and comment by the many stakeholders who've been involved thus far. We urge you to give yourselves the time you need, and the time the public needs to do just that. To not is to beg the same question that arose when the Vail Trail "renovation and extension" process was winging forward— "What's the rush"? The COLP and update are far too critical for the future of Vail to get it wrong. We're confident your commission agrees with that sentiment and will not rush this process. Thanks for considering these comments. Tom and Blondie Vucich 4957 Juniper Lane Vail November 20, 2017 Dear PEC Commission members: It is increasingly apparent that neither public decision -makers including you, nor the public taking part in the OLP & Trails Scoping process have had access to several key reports sent to staff in response to their requests. These include the April 13, 2017 single page letter to "Kelly' of TOV Community Development, and CPW's Bill Andree's longer March 6,2017, report "State of Wildlife in the Gore Valley" sent to Peter Wadden. Bill sent these to me last summer when I asked his professional assessment of threats to wildlife likely from proposed trails development. Have you seen these? As environmental evaluators you should. He suggests that fragmentation of still intact habitat by new trails and high demand for year-round recreation in these areas were the most serious threats to the remaining wildlife in our Valley. I conclude that if we are truly a sustainable town, we should be able to limit our recreational pursuits sufficiently to accommodate the creatures who pre -date us here and which so many residents and visitors regard as part of what makes Vail very special. Before we destroy prospects for our remaining wildlife and natural resources, we need a science -based wildlife & bio -diversity study, such as Pitkin County has undertaken before development of their proposed Crystal River -McClure Pass Trail. Authored by Rick Thompson, the study declared that the trail "would have the least negative effects on wildlife habitats and ecological communities if it was located within existing disturbance corridors...", such as current bike paths and roads. Please urge Council to undertake a similar study here for our Vail Valley before any new trails are sited. A second report, a Geologic Hazard Impact Assessment of the Vail Trail Improvements and Extension, by Arthur I Mears, PE & Wilbur Engineering, a draft only but in near finished form, dated April 26, 2016, received by Community Development also seems never to have reached the public eye until requested by a citizen recently. This report would be of interest to you as it details the instability of the East Vail hillside proposed as the site of the realigned Vail Trail. One of the horrifying findings is that 87% of the trail would be in a high risk zone for rockfall and avalanche. One table I found striking was of the impact of "bounce" off a trail on the distance falling rocks traveled. The cost to the public in risk of injury but also annual trail maintenance are frightening to speculate on. In light of information not released to decision -makers, the need for a science based study of the Valley bio -diversity, and the completion of the draft assessment of geologic hazards posed by the Vail Trail Extension, all needed before any trails are sited or approved, and given the holiday season further distracting decision -makers and the public, I respectfully request that you table the OLP & Trails Plan until early 2018. We have spent two years in this process, another few months till needed science based information is available is only sensible. Anne Esson November 12, 2017 Dear Members of the Town Council, The protection and preservation of Wildlife Habitat found on Vail's open lands is an important priority to the community. Enhancing wildlife habitat requires that the Town study existing wildlife and their critical needs, ie, food, space, escape routes. The health of landscape and vegetation must be evaluated by one or more ecological entities (a consulting firm, USFS, CPW) and a scientific plan brought forth to ensure the continued existence of the wildlife living among us. The plan should be formalized and ongoing. I urge the Town Council to approve a Wildlife and Biodiversity study in 2018 before the Open Lands Plan is adopted. Respectfully submitted, Patti Langmaid To: Planning and Environmental Commission, As a Vail resident, stakeholder and attendee at most all meetings of the OLPU over the past year, I am committed to the completion of this process. That said, I am also aware of the importance and enormity of this very sensitive document and its far reaching impacts on the Vail Valley for generations to come. The 1994 OLP is a thoughtful and visionary document. I find the Executive Summary to be very helpful and perhaps something similar will be included in the OLPU. Another suggestion is to make the maps larger with better identifying landmarks so they will be easier to read. The #1 priority in the 1994 OLP was the "acquisition, preservation and protection of natural open space". I believe this still stands and was strongly reinforced in our recent stakeholder meetings. Additional lower priorities in the 1994 Plan addressed recreation. This included the extension of the original Vail Trail out into East Vail through the Katsos Ranch Property. This extension was described as a FOOT PATH that would complement the existing paved bike path. The proposal was not for a 4 ft buffed out mountain bike trail which has since been proposed. I have repeatedly asked for this distinction to be made when referring to the goals of the 1994 OLP. It remains visibly absent which is misleading as it suggests the OLPU is merely following the goals of the 1994 Plan. Much has changed since 1994. We have become acutely aware of how recreation can negatively impact our environment, particularly as it pertains to wildlife. This is well documented in studies by our local CPW (Colorado Parks and Wildlife) agents. Unfortunately, all their remarks have not been made available to the public, in particular one dated April 13, 2017 which references the risk to wildlife on the Vail Trail Extension. Another report dated March 6, 2017, "Sustainability of Wildlife Populations in the Gore Valley" casts a very somber light on the effects of recreation on wildlife and the environment. Copies of these reports are available. While we are being told these trails are only "ideas", why are they even being considered after wildlife professionals have substantiated their data and concerns? Are we to feel placated because the most "sensitive" trails have been removed from the list? I prefer to leave the interpretations and recommendations to the wildlife professionals and not staff, professional planners, mountain bike organizations and trail builders. Another priority in the 1994 OLP was to "protect sensitive natural habitat areas, riparian areas and hazard areas." I believe this priority still stands. Again, we have a study that has not been shared. It is the "Rockfall, Avalanche and Debris Hazard and Risk Management for the Vail Trail Extension" This draft was completed on April 26, 2017 at a cost of $9000. It is a 15 page report and the following quote summarizes most of the findings. "The entire planned Vail Trail extensions and re -alignments are within these mapped hazard zones." And this still remains a trail idea? This report is also available. In conclusion, I respectfully request this OLPU be tabled until January. Whether intentional or not, there are too many omissions, unshared reports and unanswered questions. We are in serious need of science based directives which include wildlife and biodiversity studies. It is not up to us to interpret data to meet our own recreational agendas. Let this document truly reflect the concept and preservation of open lands. Sincerely, Blondie Vucich At the request of community members as a part of public comment, what follows is correspondence between Bill Andree, Colorado Parks and Wildlife and Kelly Colfer, Western Bionomics, LLC, consultant on the previously proposed extension of the Vail Trail during 2016. Note that this information is for background and wildlife context information only. Kelly, I have reviewed the Town of Vail proposed Vail Trail Extension. The 3 issues that you noted are addressed separately below. Boreal toad: I don't see there being any impacts to the breeding population of boreal toads from this proposal (eastern and western section). Peregrine Falcon: The eastern section does fall within the % mile active nest site buffer area. The recommendations for the buffer are: From March 15 to July 31, no human encroachment or surface occupancy beyond that which historically occurred. Elk winter range: If a winter closure is placed from 12/1 to 5/15 this should reduce the potential impacts to the winter range. However please note the impacts discussed below. General comments: There are additional wildlife impacts from the development of a new trail. These impacts would be related to the; 1) Fragmentation of habitat from the construction of the new trail; 2) Wildlife disturbance from recreational activities. The development of a new trail will increase habitat fragmentation in the area. Due to the topographic features on the south side of the Gore Creek habitat fragmentation has been limited. The development of a new trail further up the hillside will impact wildlife habitat and use beyond just the footprint of the trail. The materials provided do not provide enough detail to fully address this issue. The impact of recreation activities on wildlife is becoming a significant issue and has received considerable attention in research. There are numerous studies providing research on recreational impacts on wildlife from Taylor and Knight; Miller, Knight, Miller; Freddy, Brongugh, Fowler; Wisdom, M. J., A. A. Ager, H. K. Preisler, N. J. Cimon, and B. K. Johnson. This research has focused mainly on impacts related to an area of influence (within which wildlife may be displaced from otherwise suitable habitat due to human activity). However some of the research has also looked at behavioral responses and the energy costs associated with these responses. The research has generally focused on big game but there is also research on impacts to birds and nesting success. In the past it was generally considered that winter range was the limiting factor for big game in Colorado due to the abundance of summer range and forage. However with the increasing human population and year round recreational demands, the importance of summer and translational range has become more evident. The opportunity for big game to forage during the summer periods to obtain maximum fat gains and the options of feeding on fall and spring transitional range all improve overall health and survival for big game. The hillside south of Gore Creek provides these types of habitat along with areas for solitude. Elk flight from human disturbance in Wisdom's work showed flight was dependent on distance. The impacts from hiking were the least with little effect when hikers were greater than 550 yards away, horseback riding impacts to 820 yards away, mountain bike and ATV impacts to 1,640 yards away. It is important to understand that even if wildlife doesn't show any response there can still be significant overall costs from reduction in feeding and resting periods, increased heart rate and stress levels. Having a new trail that parallels an existing trail increases these impacts and begs the question why can't the existing trail be improved to reduce the impacts. From: Andree - DNR, Bill [mailto:bill.andree@state.co.us] Sent: Wednesday, January 13, 2016 12:33 PM To: kcolfer Subject: Kelly, I went over your report and have a couple of thoughts. I know I provided you with the wording for the section on elk: In the past it was generally considered that winter range was the limiting factor for big game in Colorado due to the abundance of summer range and forage. However with the increasing human population and year round recreational demands, the importance of summer and transitional range has become more evident (Andree, personal communication 12-8-15). Winter range is still the limiting factor. What we are seeing is that we needed to increase the importance for the summer and transitional ranges. The discussion on E16 does not provide a clear over view. When you read the entire document you will see that the number 1 issue is increasing recreation followed by habitat. You will also notice that we are managing E16 purposefully for population reduction in efforts to reduce population density and improve the population's productivity, yet the calf ratio has not rebounded as would be expected under density -dependent population dynamics. It is impossible to point to just one item for this but the plan points out several issues. BGU 45 is within E16 but the conditions are totally different. There are no ranches left in BGU 45 for elk to retreat to if the winter becomes too severe. Their ability to leave BGU 45 in severe winters is almost completed blocked by 1-70 or mountain passes. We have seen a significant drop in the number of elk classified each year. The last 3 years (fewer than 175 elk each year) have had the lowest counts since 1975. The entire DAU may have a healthy elk herd but BGU 45 is having a significant drop in elk population. On elk impacts I don't know where you got 200 yards zone of disturbance, none of the studies I am aware of on elk, use 200 yards as the zone of disturbance (influence). The most recent and encompassing study on recreation (Wisdom) uses 550 yards for hiking impacts and 1640 yards for ATV and mtn biking. The impact related to disturbance based on the human form is an interesting one and especially when reviewing the recent studies showing hiking has the least impact when compared to 3 activities (horse, mtn bike, ATV) that at least reduce the outline of the human form. The impact from recreational activities is much more complex than reducing the human form outline. Although there is certainly some level of habitation by big game to predictable recreation, I can't find any studies that provide a definition of predictable recreation. Most studies have tried to provide equal amounts of impacts by each recreation level, based on the number of miles each activity can cover during a set period. Under real conditions this will not be possible and once you reach a certain level of use the most animals avoid the area. This has been tested in traffic numbers vs. wildlife attempted highway crossings, in which the highway traffic is much more predictable than recreation use. The discussion on the ability of wildlife to habituate to recreation has been suggested in several studies but none of these have actually done the analysis on what level habituated and what level left the area. I am not aware of any recreation studies that looked at recreation during the night or the impact of having large events. Unless there is a restriction on night activity and large recreation (i.e. bike races) events I believe the impacts will be increased. The closure period I recommended was Dec to May 15th. The reason was to provide a period after winter, especially for cow elk to be able utilize the transitional range south of the golf course to prepare for calving. Opening the trail in April will limit utilization of this area. On the boreal toads, I missed the possible impact to toads moving to or from the breeding pond. We don't have any hard data on where the toads move to but the thoughts are some may move up to the area south of the golf course. I asked around about other locations where there is some heavy equipment use planned near breeding sites and the mitigation for those were no heavy equipment use during the summer (May to September). But after further discussions on this site most agreed that if the heavy equipment was limited from May to June 20th most of the toads should have completed their movement. During that period work could continue if it did not include heavy equipment. We have not survey the tributary that crosses the Eastern Alignment for toads and that should be done before any construction starts. The pond has been an active breeding site since at least the 90's. In general when we survey the pond we handle about 5-6 adults. With the listing decision just a year away and the increasing number of site that have been testing positive for chytrid fungus any loss of toads and/or breeding sites could impact the listing. Any heavy equipment should be cleaned by following the protocol to prevent the spread of the chytrid fungus before being allowed on site. I am not sure what you are basing your comment: "While unlikely to occur, it is conceivable that individual toads could be crushed and killed during trail construction near the tributary, or by foot or bicycle traffic once the alignment is completed. Such impacts to the toad are highly unlikely and would not likely lead to a loss of local population viability or to federal listing." We do recommend no heavy equipment use at other site during the summer to prevent the loss of individual toads. We don't have a good handle on the breeding population at Katos Pond and it is possible that the loss of a few adults could lead to a loss of the local population. With the listing a year away the last thing we want is anything that could result in the boreal toad being listed. One item I would add is a bird nesting survey before work start to be sure there are no birds nesting is the construction area. I still question the need for another trail that parallels an existing trail. Interesting for a town that wants to be rated as an international sustainable community. Let me know if you have questions. ME V;E�, C4; 12- Z COLORADO Parks and Wildlife Department of Natural Resources Glenwood Springs Service Center 0088 Wildlife Way Glenwood Springs, CO 81601 P 970.947.2920 1 F 970.947.2936 March 6, 2017 Peter Wadden Watershed Education Coordinator Community Development -Environmental Town of Vail Peter, As per your request I have put together what information the Colorado Parks and Wildlife have available to provide you with as much guidance as possible on the sustainability of wildlife populations within the Gore Valley. As we discussed over the phone it is very difficult to break out wildlife information on small areas. Using the available information I have tried to make as specific as possible to the Gore Valley. Part of the problem is the Gore Valley is covered by 2 different game management units (GMU), GMU 36 on the north side and GMU 45 on the south side. For road kill information I have put together the information for 3 years (2014-2016). It is important to remember that road kill data is very preliminary since many animals are able to get away from the highway before dying and are never counted. Also Colorado state law allows for the public to possess certain road killed animals and often these animals are picked up before they are counted. You will also notice that many small mammals are not even mentioned as there is no data for them. This information is attached below. The number of bears that are removed or put down by CPW due to human/bear conflicts is very dependent on weather patterns and public perceptions. I again used data from 3 year (2014-2016). 1 don't have the data for the number of calls the Vail PD took on bear complaints for this period but I believe you can get these from the PD. 2014 CPW put down 2 bears in Vail. 2015 and 2016 no bears were removed or put down. I used the same years for lion conflicts. Lion conflicts have really become an issue the in the last 2 years. Prior to 2015 1 might get 5-10 calls per year about the public seeing Bob D. Broscheid, Director, Colorado Parks and Wildlife • Parks and Wildlife Commission: Robert W. Bray • Jeanne Horne John Howard, Vice -Chair • Dale Pizel • James Pribyl, Chair • James Vigil • Dean Wingfield • Michelle Zimmerman, Secretary • Alex Zipp lions in or around the Town of Vail with most of these being just the public reporting a sighting. However in 2016 1 received 18 calls within the Town of Vail and 2 of these were for dogs that were killed by lions. Many of these calls were about the public encountering lions while out with their dogs and concerns that their dogs were at risk of being attacked by the lion. In 2016 CPW did remove and put down 1 lion from the Town of Vail. Deer and Elk: CPW conducts annual big -game classification flights to determine age structure, sex ratios, reproductive success, and population estimates for each data analysis unit (DAU). These DAUs cover large geographic areas, and trying to extract information at a much smaller scale drastically decreases the accuracy of the estimates. A drawback to using historical count data to estimate impacts on wildlife is the amount of confounding variables that influence a species at the population level. Examples include weather, disease, population management at the DAU level for big -game species, and development/human disturbance. These factors can increase the difficulty of defining impacts by using animal abundance before and after development. It is becoming increasingly apparent to wildlife and land managers that human disturbance to wildlife in the form of recreation is taking a toll on wildlife and on habitat by reducing functionality. In areas experiencing high levels of recreation, animals tend to spend less time foraging and resting and more time traveling. Mountain biking and ATV use may create the highest levels of disturbance for mule deer and elk (Naylor et al. 2008). Behavioral changes such as these occurring in summer range habitat may result in an overall decrease in animal fitness, which often negatively affects reproductive success and winter survival. Examples of these within the Gore Valley are the request for additional biking and hiking trail from Spraddle Creek to Booth Creek, the Vail Trail expansion on the south side of the Gore Creek, the increase in summer activities on Vail Mtn., the request for the expansion of Gold Peak racing area and the overall push to make the valley a full 4 season recreation destination. Elk: Fortunately for elk we have a current study done in Game Management Unit (GMU) 45 from 1995 to 2005 that looked at impacts on elk calving/recruitment from human disturbance. For the elk populations I put together some information using baseline information we have from the elk study done in the Eagle Valley from 1995 to 2005. This study was done in GMU 45 and was to determine impacts on elk calving from human disturbance, (Phillips and Alldredge 2000, Shively et al. 2005). The study done at Beaver Creek and Vail demonstrated that calf/cow ratios for elk declined by approximately 40% (from 64.6 calves per 100 cows to 39.8 calves per 100 cows) as a result of human induced disturbance during the calving season (Phillips and Alldredge 2000, Shively et al. 2005). Reproduction levels during the treatment period were determined to be insufficient to maintain a stable elk population. The second half of the study involved removing the human disturbance component. With the human disturbance removed the calf/cow ratios rebounded to their pre treatment levels. We used the radio collared elk and age and sex ratio counts done from helicopter to determine the elk population in GMU 45. The baseline years were 1994, 1996, 1997 (1995 counts were not used because the flight time was reduced by approximately 50%). These are the 3 years that we have Lincoln indexes, which provides us with 3 years of data to obtain an average on the % of the population we actual count during a flight. The average % of the population we counted based on these 3 years is 41.8%. During this period (1994 to 2015) we have had the same observer (except for 2013) and have had relatively the same number of flight hours each year (from 3.5 to 4 hours). The average population for the 3 years of baseline (1994, 1996, 1997) was 1771 elk. The average population for the last 3 years is (2012, 2013, 2014) was 604 elk. That is a 63% drop in population levels (1167 less elk). From 1998 to 2015 there has been 13 years that we have been below the baseline population level. The classification counts for 2013 and 2014 (162 elk) and 2015 (149 elk) were the lowest counts since 1975. Deer in GMU 45 and 36. We are not as fortunate with deer as we don't have any current studies to provide Lincoln indexes for the % of the deer population we count during aerial age and sex ratios. So I used harvest data. The Data Analysis Unit (DAU) for deer is D8 and it covers Units 35, 36, and 45. Harvest GMU 45 From 1955 to 1962 the harvest went from 205 deer to 500 deer respectively with 1962 being the highest harvest (500) ever in GMU 45. The harvest has never again hit 500 deer. From 2010 to 2014 (1 am missing 2013) the harvest went from 60 deer to 127 deer respectively. This is confounded by the fact that we now have totally limited deer licenses now. Harvest GMU 36 From 1955 to 1962 harvest went from 553 deer to 1947 deer respectively, with 1962 again having the highest harvest of 1947 deer. The harvest has never again hit 1947 deer. From 2010 to 2014 (1 am missing 2013) the harvest went from 157 deer to 318 deer respectively. Again like GMU 45 this in confounded by total limited deer limited licenses. But if you compared those periods there has been greater than a 3 fold reduction in deer harvest in BGU 45 and up to a 6 fold reduction in deer harvest in GMU 36 since 1962. The DAU plan for D8 has shown a steady decline in population since the 1980's. For most of the 1980's the DAU population objective was 26,000 deer, in 1988 it was reduced to 21,000 deer and in 2008 it was reduced to 13,500 to 16,500 deer. These population objectives were reduced based on several factors (loss of habitat, increased recreation pressure, weather, predators and quality of habitat). In the early 1970's Colorado Division of Wildlife researcher Dale Reed completed a study looking at the impact of I-70 on deer migration at Mud Springs (just east of Dowd Jct.). There was a concrete box culvert placed under I-70 to provide a migration route for deer. The study on the Mud Springs deer underpass showed about 39% of the Mud Springs deer population failed to pass through the underpass. Below is some information from a 1975 report on deer impacts from the start of Vail. Land use changes in the form of rapid increases in human in -habitation, activity and the construction of I-70 in the Eagle Valley have contributed to a substantial decline in deer numbers. The extent of this reduction is best expressed by changes in numbers of deer harvested in the two periods, 1959 to 1963 and 1969 to 1973 and comparison of these changes with those of the state as a whole. The percentage decrease in the annual deer harvest in Eagle County between the two time periods was greater than that for the State as a whole, 52.8% and 47.8%, respectively. During this time, the Eagle County contribution to the State's deer harvest declined from 6.2% to 4.6%, and Eagle County's ranking dropped from an average of 5th place to 6th. It is also interesting to note that the decline in the number of deer harvested was greater in Game Management Unit 45, 63.7%, than for any other unit in Eagle County. GMU 45 includes Vail Village, the Vail Ski Area and many related developments, nearly all of which have been developed subsequent to the 1959-63 comparison period. Bighorn Sheep: There is only one population of bighorn sheep in the Gore Valley. An important part of the winter range for this herd is within or adjacent to the Town of Vail and 1-70 in the east Vail area. This herd is considered a native herd although there was a transplant of 7 sheep done in 1948. In the 1950's the population was estimated to be 30, in the 1990's the population was estimated to be 80-100; the current population estimate is 40. The population has not recovered since the hard winter of 2007-2008. The reasons for the lack of recovery are not clear cut. There are numerous factors that could cause this; disease, lack of winter habitat, poor quality habitat from the lack of habitat management (no fires), predators and increased recreation pressure. We have not detected any increase in disease. Whatever the cause, the populations has been unable to rebound from the winter 2007-2008. Mountain Goats: There is only one population of goats in the Gore Valley. This herd spends its time far above the boundaries of town really does not use habitat adjacent to the town of Vail. However the population for this herd has been in decline for the last 4-6 years. ►T re =02 The moose population in the Gore Valley (and all of Eagle County) has been increasing. Moose started showing up regularly in the Gore Valley around 1983. This increase was a result of moose moving from the North Park area. Moose have the ability to winter in much greater snow depths than do deer or elk, plus moose are able to utilize forage of a larger diameter. Moose also are not as prone to being disturbed by human activities as are deer and elk. Moose are more willing and able to stand and even defend their turf from human disturbance than are deer and elk. These factors combined have allowed the moose population to increase. However these same factors may be the same reasons that the moose population is close to reaching its "political" capacity as calls on moose in yards, town, or on recreation trails increase and there is a greater push by some to reduce the moose population because of these conflicts. Peregrine Falcon: Peregrine falcons have established at least one nest site within the Gore Valley in the last decade. The nest site has been fairly well buffered from human activities that could impact its success. However the increase in hiking, biking trails along with the increasing pressure to further develop the ski area for summer recreation could impact the success of this nest. Black Bears: Black bears have seen an increase in their population over the last 2 decades. The development of the Gore Valley has resulted in an increase in food sources and limited the impact from fall berry crop failures on the recruitment of bear cubs. Human trash, pet food, bird feeders, and planting of fruit producing landscaping have significantly increased the available food sources for black bears especially during critical periods. Some would consider this to be a success while others would not. The increase of human induced food sources has resulted in numerous bear/human conflicts. Although the conflicts have not resulted in any serious human injuries they have resulted in the death of numerous bears over the last 20 years (this includes road kill). Mountain Lions: Mountain lions have seen an increase in their population levels over the last decade. As with bears part of this increase in lion population can be linked to an increase in available prey species caused by the development of the Gore Valley. The same food sources mentioned in the section on black bears play a role in providing food for lions. The populations of raccoons, red fox, marmots, and various species of small mammals have increased from this boost in food availability due to human development. Along with the increase in human population, the population of household pets (cats and dogs) has increased. Lions have utilized household pets as another food source. This has resulted in an increase in human/lion conflicts. Although the conflicts have not resulted in any serious human injuries they have resulted in the death of several lions over the last 10 years (this includes road kill). Gore Creek: I think you have a fairly good picture of Gore Creek from all of the recent studies the town has been doing. As a fishery the lower half of Gore Creek is holding its own and still has all four species of trout. However as the studies the done by the town on Gore Creek show the creek is in trouble and without significant improvements in the overall health of the creek the fishery could easily decline. The upper section of Gore Creek and Black Gore Creek are not doing as well and could be further impacted from proposed improvements to 1-70 on Vail Pass. The possibility of the greater impact to Gore Creek is probably more related to weather patterns and the need for additional water for human use and snowmaking. Changes in weather patterns and runoff events could easily have the most significant long term impact on the watershed. The push to increase recreational events on Gore Creek and to manipulate the stream channel to allow for additional recreation activities or to extend the season of use could all have significant impacts on the ability of Gore Creek to function as a quality fishery. Is the Gore Valley sustainable for wildlife? I am sure there are other species that could be discussed but the data to provide defensible comments on these species is lacking. You first have to define what sustainable is when it comes to wildlife. Is it having a token population or is it having a robust population? Does a population in decline qualify? If the human/wildlife conflicts continue and wildlife is always the loser even on public lands is that sustainable? I don't see the wildlife populations in the Gore Valley as sustainable with the current level of development, recreational, and conflict pressure placed on wildlife. The species that are increasing generally have adapted to living next to people. These same species also generate extensive complaints from the public about human/wildlife conflicts or damage to property. Recreation is a driving economic force in Gore Valley and the surrounding communities. Theses recreational activities occur throughout the year and there is a push to increase recreational activities within the Gore Valley. As these demands for recreational opportunities continue to grow they result in higher impacts on natural resources, and potential increases in habitat fragmentation. Quality wildlife habitat includes food, water, shelter, space, and connectivity, which is critical to maintaining healthy wildlife populations. Large blocks of contiguous habitat are most likely to promote the long-term sustainability of a species. Habitat becomes fragmented as land use changes break the landscape into smaller more distinct "patches." These patches may not provide fundamental habitat requirements resulting in a diminished carrying capacity for the species across the landscape. Wildlife living within fragmented habitat is more vulnerable to stochastic population declines stemming from disease, increased rates of predation, or habitat loss or modifications. Most wildlife managers agree, with support from the scientific literature, that recreation has the potential to impact wildlife distribution and abundance (Goldstein et al 2010, Naylor et al. 2008, Keller and Bender 2007, Taylor and Knight 2003, Papouchis 2001, Joslin and Youmans 1999, Valdez and Krausman 1999). The "zone of influence" (ZOI) of recreational activities for wildlife may extend for some distance beyond the actual activity and will vary depending on habitat composition, topography, and a species' tolerance of human disturbance. I have attached an example of an analysis CPW did for the Town of Avon showing the impact from the development of a biking and hiking trail. Has you can see from Figure 1 the development of 3 trails in the Metcalf drainage results in the loss of the entire drainage as effective mule deer habitat with just a 100 meter buffer on the trails. When you look at Figure 3 & 4 for elk at 500 and 1500 meter buffers you see the impacted area is substantial. You could run a similar analysis on the trails within the Gore Valley. When you review the discussion on deer, elk and bighorn sheep populations in the Gore Valley there is nothing on the horizon that is going to allow us to significantly increase those populations. These populations have been in decline for at least the last decade and often longer. The ability to do large scale habitat improvement projects for big game is becoming increasing difficult. Part of the issue is often the best habitat project is a controlled burn. As the residents in East Vail showed in the mid 1990's they have no stomach to have a controlled burn done behind their homes. The project to improve and increase the winter range for bighorn sheep was killed because they were unwilling to consider a controlled burn no matter how many fire trucks were available to protect their property in the event of the fire coming down hill. The demand within the Gore Valley for federal lands is overwhelming, whether it is to acquire them for employee housing, develop recreational trails in every drainage, add new commercial recreational events or to develop a four season resort with every type of recreational activity imaginable. All these uses impact wildlife and there is very little thought on how it will impact the available wildlife habitat or wildlife populations. The desire to manipulate the natural conditions in order to extend the ski and rafting season has a significant impact on wildlife. As we discussed in the Avon analysis, stress and behavioral changes are often not considered when looking at wildlife impacts. Just having habitat is not enough the habitat must be available and useable for wildlife. With the continual decline in most big game species within the Gore Valley over the last 36 years there is little reason to assume that this pattern will change to the point where you would consider these population to be sustainable and/or robust in perpetuity. If you need anything else please feel free to let me know. Sincerely, Bill Andree District Wildlife Manager - Vail DRAFT ROCKFALL, AVALANCHE AND DEBRIS FLOW HAZARD AND RISK ASSESSMENT for TOWN OF VAIL TRAIL IMPROVMENTS AND EXTENSION EAGLE COUNTY, COLORADO Prepared for: Gregg Barrie Senior Landscape Architect Public Works Department Town of Vail Prepared by: Arthur I. Mears, P.E., Inc. Gunnison, Colorado and Wilbur Engineering, Inc. Durango, Colorado April 26, 2016 Arthur I. Mears, P.E., Inc. Natural Hazards Consultants 555 County Road 16 Gunnison, CO 81230 Tel/Fax: (970) 641-3236 April 26, 2016 Gregg Barrie Senior Landscape Architect Public Works Department Town of Vail Via email Re: DRAFT Report - Avalanche, Debris Flow and Rockfall Hazard Impact Assessments The Vail Trail Proposed Improvements and Extension, Vail, Colorado Dear Mr. Barrie: This letter presents our preliminary assessment of the effects of a proposed trail extension and realignment of the Vail Trail. It is based on a review is existing information and study of terrain and aerial photos. The conclusions and recommendations should be considered preliminary and subject to change based on observations to be made during snow -free conditions. We hope that this report provides the information that you need at this time. Please let us know when we should schedule our site visit and field observations. Chris Wilbur and I look forward to discussing the preliminary findings of this report with you and completing the next phase of this project. Sincerely, a*A-" 4 .YYloaK4 Arthur I. Mears, P.E Contents Objectives........................................................................................................................... 1 Limitations........................................................................................................................... 1 Background......................................................................................................................... 2 SiteConditions.................................................................................................................... 2 Geology........................................................................................................................... 3 Surface and Vegetation................................................................................................... 5 GeologicHazards............................................................................................................ 5 Rockfall........................................................................................................................ 5 AvalancheHazard........................................................................................................ 5 Debris Flows/Debris Avalanches.................................................................................. 6 Methods.............................................................................................................................. 6 PreviousReports............................................................................................................. 6 TerrainAnalysis............................................................................................................... 7 AerialPhoto Analysis....................................................................................................... 7 Modeling.......................................................................................................................... 7 FieldObservations........................................................................................................... 8 TrailSegments.................................................................................................................... 8 ExistingTrail West End.................................................................................................... 9 Fan1 Re-alignment......................................................................................................... 9 Slope1 Re-alignment...................................................................................................... 9 Debris Fan 2 Re-alignment............................................................................................ 10 Colluvium Slope 2 Re-alignment................................................................................... 10 Debris Fan 3 Golf Terrace............................................................................................. 10 Slopes3 and 4............................................................................................................... 10 Fan 4 Clubhouse/Sunburst Dr....................................................................................... 11 West End — Fan 5 Frontage to Fan 7 Terray................................................................. 12 Resourcesat Risk............................................................................................................. 12 Buildings........................................................................................................................ 12 TrailUsers..................................................................................................................... 13 Findings& Conclusions..................................................................................................... 13 Recommendations............................................................................................................ 14 References........................................................................................................................ 15 Tables Table 1 — Rockfall Hazard along Trail................................................................... 5 Table 2 — Avalanche Hazard along Trail.................................................................6 Table 3 — Debris Flow/Debris Avalanche Hazard along Trail.......................................6 Table 4 — CRSP Rockfall Model Results Summary ................................................... 7 Table 5 — Resources Exposed to Geologic Hazards................................................13 Figures Figure 1 — Project Location on Aerial Photo........................................................................ 2 DRAFT Geologic Hazard Impact Assessment I Arthur I. Mears, PE, Inc. Vail Trail Improvements and Extension Wilbur Engineering, Inc. Vail, Colorado April 26, 2016 Figure 2 — Trail Alignment and Buildings on CalTopo Slope Shaded Topographic Map ..... 3 Figure 3 —Aerial view of Trail and Geologic Map Draped on 30m Digital Elevation Model.. 4 Figure4 —Trail Segments.................................................................................................... 8 Figure 5 — 1998 Aerial from Debris Fan 1 to Debris Fan 2 .................................................. 9 Figure 6 — 1998 & 2004 Aerials of Slope 3 and Debris Fan 3 ........................................... 10 Figure 7 — RAMMS Avalanche Model Runout Prediction for 30 -year Event ...................... 11 Figure 8 — 1962 & 2006 Aerials of Clubhouse Debris Fan ................................................ 12 DRAFT Geologic Hazard Impact Assessment II Arthur I. Mears, PE, Inc. Vail Trail Improvements and Extension Wilbur Engineering, Inc. Vail, Colorado April 26, 2016 Objectives This report has the following objectives: 1. Describe the geologic hazards' that can affect the existing and proposed trail and adjacent resources. 2. Summarize existing geologic hazard information, including hazard maps, reports and photos. 3. Describe the methods, assumptions and findings on potential impacts to geologic hazards that will result from proposed trail re -alignments and extensions. 4. Make recommendations, including conceptual mitigation measures for any areas identified where the proposed trail improvements cause an increase in geologic hazards. Limitations This Preliminary Report also has the following limitations which must be understood by all those relying on the conclusions and recommendations presented in this report: 1. The findings, conclusions and recommendations are subject to revision following on-site field observations made during snow -free conditions. 2. This report is limited to assessment of the geologic hazards of snow avalanches, debris flows, debris avalanches and rockfall. Other geologic hazards including, but not limited to landslides, expansive soils, earthquakes are not within the scope of this report. 3. The scope does not include geotechnical engineering, local or global slope stability evaluations, civil engineering designs or any other disciplines outside of those listed above. 4. We have assumed that all residential structures within the mapped geologic hazard zones adopted by the town of Vail have been designed and constructed to mitigate their current (pre -trail construction) exposure to geologic hazards or that the owners and residents are aware of their exposure to existing geologic hazards. 5. This report is site & time specific. Geologic hazards vary widely with location and the findings of this report should not be applied to other sites. New data and methods will improve our understanding of the geologic processes, as well as forecasting, detecting and mitigation measures in the future. 6. We have assumed existing forest, terrain and climatic conditions. Changes to these conditions could increase or decrease the geologic hazards. Geologic hazards in this report are subject to limitation #2 described below. DRAFT Geologic Hazard Impact Assessment 1 Arthur I. Mears, PE, Inc. Vail Trail Improvements and Extension Wilbur Engineering, Inc. Vail, Colo. April 26, 2016 Background The town of Vail plans to extend the existing Vail Trail about 11,800 feet to the east and re- align about 2500 feet of existing trail, as shown in Figure 1. The planned extension and re- alignment will result in tree removal and grading that may affect existing known geologic hazard areas. The town's land use code requires that development in geologically sensitive areas "will not increase the hazard to other property or structures, or to public buildings, rights of way, roads, streets, easements, utilities or facilities or other properties of any kind." This report describes existing information on geologic hazards, evaluates potential impacts of the trail improvements and provides recommendations to mitigate potential adverse impacts of trail construction, including related grading and vegetation removal. Figure 1 — Project Location on Aerial Photo Site Conditions Figure 2 shows the project area on a topographic map shaded to indicate slope steepness. The slopes above the trail extend from 1200 to over 2100 vertical feet above the site with typical slope angles of 25 to 45 degrees. The trail alignment crosses slopes ranging from DRAFT Geologic Hazard Impact Assessment 2 Arthur I. Mears, PE, Inc. Vail Trail Improvements and Extension Wilbur Engineering, Inc. Vail, Colo. April 26, 2016 17 degrees above Vail Valley Drive to 38 degrees above Golf Terrace. A series of cliffs bands exists above most of the trail. At the west end cliffs are about 40 feet tall and their bases are about 500 feet above the trail. The eastern section of the trail has 100 -foot tall cliffs about starting about 600 vertical feet above the planned trail alignment. Existing buildings shown in Figure 2 are set back from the steep slopes varying distances, but many lie within the range of debris flows, rockfall and snow avalanches. The entire planned trail extension and re -alignments are within these mapped hazard zones. Mercator Projection WGS84 USNG Zone 135CD CalTopoxom 4" feu., 1 � t.ttt. I -- 1 2 3 05 1.0 1.5 2,Dmi Stale 1:22657 1 inch - 1888 feet 4km �� N If MN 9 Figure 2 — Trail Alignment and Buildings on CalTopo Slope Shaded Topographic Map Geology Figure 3 shows a geologic map of the south side of the Vail Valley and the planned trail location. The Vail Valley exhibits the classic U -shape caused by alpine glaciation that originated in the Gore Range to the northeast. The glaciers retreated from the valley about 15,000 years ago at the end of the Pinedale glaciation. Since that time other slope and channel erosion processes have altered the terrain. Those processes include both minor DRAFT Geologic Hazard Impact Assessment 3 Arthur I. Mears, PE, Inc. Vail Trail Improvements and Extension Wilbur Engineering, Inc. Vail, Colo. April 26, 2016 and major slope movements and landslides, as well as alluvial, colluvial, debris flow and snow and debris avalanches. The small steep drainages incised into the north -facing glaciated slopes have formed classic conical shaped alluvial or debris fans. The rates of erosion and fan deposition have probably decreased over time, but the processes are still active. The dominant processes in forming the debris fans appears to be debris flows and debris avalanches, but snow avalanches also contribute some material. Most of the terrain above the planned trail consists of gently dipping Pennsylvanian Minturn formation. The Minturn formation consists of interbedded sandstone, shale, conglomerates, isolated limestone beds and bioherms. Local dip is to the northeast. A large rockslide in this formation closed westbound lanes of 1-70 west of Vail in 1989. Claystone beds within the Minturn form failure zones in earthflow type landslides near Dowds Junction (Ref. 1). At the west end of the project the upper slopes include glacial till (Qtb in Figure 3) along with old and young landslide deposits above Fan 3. Most of the trail alignment is on post -glacial deposits of either colluvium (unconsolidated soil and rock derived from local gravity transport of uphill materials) or alluvial/debris fan deposits. Additional information about the Vail Valley geology is described in References 2 and 3. Vi w4r� old landslide c Young landslide 5 Minturn Formation � .' 1 � -��Gilke�y Sidewindez ' `Terray_ -- k east end fan 3!- ` West end of trail - Gor. Clubhouse - mtag - Sunburst -Df.. Figure 3 —Aerial view of Trail and Geologic Map Draped on 30m Digital Elevation Model (The view is looking south and the map source is modified from Ref.2) DRAFT Geologic Hazard Impact Assessment 4 Arthur I. Mears, PE, Inc. Vail Trail Improvements and Extension Wilbur Engineering, Inc. Vail, Colo. April 26, 2016 Surface and Vegetation Slopes above the planned trail are vegetated with aspen and spruce, fir and pine forests. Mountain shrub and willows also are present. Many linear clearings with the forests are visible on aerial photos on steep slopes. The drought period that peaked in 2002 stressed much of the vegetation in Colorado, including the Vail Valley. Geologic Hazards The town of Vail has official planning maps for sensitive geologic areas, including Avalanche, Debris Flow/Debris Avalanche and Rockfall Hazard Maps. These maps have guided development and hazard mitigation since adoption of each map. The maps are based on a variety of studies listed including those listed in the References of this report. Rockfall The official Vail Rockfall hazard map is based on a 1984 detailed study (Reference 4). 1984 study identified medium and high severity rockfall Hazard Zones. Table 1 summarizes their distribution for the new, re -aligned and existing trail sections betweer alignments. Table 1 — Rockfall Hazard along Trail Rockfall Hazard Description Trail distance (ft) percent med. re -aligned trail 943 7% not rated re -aligned trail 899 7% high new trail 11,813 87% _+ TOTAL 13,655 100% Avalanche Hazard The re - The official Vail Avalanche hazard map is based on multiple studies, including but not limited References 5 and 6. The Official Avalanche Hazard Map includes categories of High Avalanche Hazard, Moderate Avalanche Hazard and Potential Avalanche Influence Zone. Table 2 summarizes their distribution for the new, re -aligned and existing trail sections between re -alignments. DRAFT Geologic Hazard Impact Assessment 5 Arthur I. Mears, PE, Inc. Vail Trail Improvements and Extension Wilbur Engineering, Inc. Vail, Colo. April 26, 2016 Table 2 — Avalanche Hazard along Trail Avalanche Hazard Description Trail distance (ft) percent high new trail 5,230 38% moderate new trai 1 1,785 13% not rated new trai 1 1,762 13% poss. Infl zone new trail 3,036 22% not rated re -aligned trail 1,091 8% poss. Infl zone re -aligned trail 751 5% not rated TOTAL 13,655 100% Debris Flows/Debris Avalanches The official Vail Debris Flow and Debris Avalanche hazard map is based on a 1984 Study (Reference 7). Table 3 summarizes hazard distribution for the new, re -aligned and existing trail sections between re -alignments. Table 3 — Debris Flow/Debris Avalanche Hazard along Trail Debris Flow/Avalanche Hazard Description Trai I distance (ft) percent High Debris Avalanche new trail 6,775 50% High Debris Flow new trail 677 5% Moderate Debris Flow new trail 2,949 22% not rated new trail 1,412 10% High Debris Avalanche re -aligned trail 1,046 8% Moderate Debris Flow re -aligned trail 156 1% not rated re -aligned trail 640 5% TOTAL 13,655 100% Methods Previous Reports The geologic hazards of the Vail Valley have been described in many studies. We reviewed those listed in the References of this report. Additional unpublished studies also exist, but we do not have access to these report. DRAFT Geologic Hazard Impact Assessment 6 Arthur I. Mears, PE, Inc. Vail Trail Improvements and Extension Wilbur Engineering, Inc. Vail, Colo. April 26, 2016 Historic Events We interviewed the town's Chief Building Official Martin Haeberle and Senior Building Inspector, JR Mondragon, regarding building or property damage within the project area caused by geologic hazards. They reported that the major events within Vail have been outside of the project area. The most significant event within the project area was a snow avalanche that ran onto the Clubhouse fan, but did not reach the developed area along Sunburst Drive. They were uncertain of the month or year of this event. Terrain Analysis The town of Vail has excellent topographic mapping of the project area with 2 foot contours. These maps were used to characterize slopes and landforms including debris fans, landslide areas, channel incision and other characteristics that can be used to evaluate geologic processes. Aerial Photo Analysis We analyzed aerial photos taken in 1962, 1998, 2004 and 2008 to evaluate vegetation and visible surface conditions for the project area. Modeling We applied the 2-dimensional rockfall model CRSP Version 4 (Ref. 8) to quantify the effects of the planned 4 -foot wide trail on rockfall energy and bounce heights above critical areas. We analyzed the probability of rocks bouncing at the trail location and the energies and bounce heights of rocks with trajectories and energy losses due to trail impacts. Table 1 summarized the results and model geometry. The model results indicate that a soft surface trail with a flat or uphill cross slope cause the greatest energy dissipation and hazard reduction for downhill resources. Table 4 — CRSP Rockfall Model Results Summary DRAFT Geologic Hazard Impact Assessment 7 Arthur I. Mears, PE, Inc. Vail Trail Improvements and Extension Wilbur Engineering, Inc. Vail, Colo. April 26, 2016 Rock avg trail avg bounce Rock %reach %reach avg. vel. near Case Size bounce near bldgs. shape trail bldgs. bldgs. (ft/s) (ft) (ft) (ft) no trail 3 sphere 100 100 52 0.41 0.73 flat hard trail 3 sphere 100 100 42 0.26 0.52 soft fl at 3 sphere 100 100 40 0.18 0.52 soft slope UH 8% 3 sphere 100 100 38 0.17 0.39 soft slope DH 8% 3 sphere 1 100 100 42 0.20 0.41 DRAFT Geologic Hazard Impact Assessment 7 Arthur I. Mears, PE, Inc. Vail Trail Improvements and Extension Wilbur Engineering, Inc. Vail, Colo. April 26, 2016 Field Observations Field observations are scheduled for late spring after the snow has melted from the project area. Trail Segments We divided the trail sections into two categories, based on landforms. For description purposes, segments are classified as either colluvium slopes or debris fans. Both landforms can be impacted by all types of geologic hazards, but some general distinctions can be made. For example, colluvium slopes tend to be steeper and will have higher rockfall energies and bounce heights than debris fans, assuming similar sources of rockfall. Large high speed long runout avalanches with a powder component are limited to debris fans below channelized basins that extent 1500 to 2800 feet above the valley floor. Smaller, slow-moving wet avalanches occur on colluvium slopes between the debris fans with relatively high frequencies (1 to 5 year return periods). Much larger wet avalanches can also occur in the larger basins, but these will usually stop before reaching the debris fans. Also debris avalanches of snow, soil, vegetation occur on colluvial slopes. Some large wet avalanches can also reach the fans after starting in upper slopes. Fan 3 and Clubhouse are recent examples. Figure 4 —Trail Segments DRAFT Geologic Hazard Impact Assessment 8 Arthur I. Mears, PE, Inc. Vail Trail Improvements and Extension Wilbur Engineering, Inc. Vail, Colo. April 26, 2016 Existing Trail West End Fan 1 Re -alignment Fan 1 is the smallest debris fan with the smallest basin in the project area. The proposed trail realignment would move the trail from the lower part of the fan to near the apex of the fan. Vegetation patterns (Figure 5) and topography indicate that the new portion of the fan will be subject to greater erosion and deposition at the new location than the existing location. ' ;{E `tC Maint. Fac. W. X. To' X 4 n"P b. ".i. • A 11 align6#' OWN , " S slopeJ '1 �1 Figure 5 — 1998 Aerial from Debris Fan 1 to Debris Fan 2 Slope 1 Re -alignment Vegetation clearings shown in Figure 5 indicate that the realignment to higher on the slope will result in more frequent debris and snow avalanche processes crossing this segment of trail. DRAFT Geologic Hazard Impact Assessment 9 Arthur I. Mears, PE, Inc. Vail Trail Improvements and Extension Wilbur Engineering, Inc. Vail, Colo. April 26, 2016 Debris Fan 2 Re -alignment The drainage basin for Fan 2 contains ancient and recent landslide deposits that could be subject to reactivation in a series of wet years and produce debris flows and debris avalanches. Aerial photography from 1998, 2004 and 2008 suggest that Fan 2 has been relatively inactive in recent decades. Colluvium Slope 2 Re -alignment Colluvium Slope 2 is a relatively narrow slope without cliff outcrops or significant forest clearings. Debris Fan 3 Golf Terrace Debris fan 3 appears to be a relatively active fan based on vegetative indicators and fan geometry. The channel has an abrupt 45 degree left bend near the fan apex and is incised about 20 feet deep. The existing trail crosses the channel below the deep incision. Figure 6 - 1998 & 2004 Aerials of Slope 3 and Debris Fan 3 Slopes 3 and 4 Slopes 3 and 4 are adjacent and continuous slopes above Golf Lane. Slope 3 is above the existing trail and exhibits forest clearings that indicate frequent debris and/or snow avalanche activity (Figure 6). Slope 4 is above the existing eastern trailhead for the Vail Trail. Slopes 3 and 4 can produce snow and/or debris slides and rockfall above or within the colluvium. All begin at or below the prominent Minturn Formation - 400-500 feet above the valley. Many observations in 1984 indicated the debris slides were mixed snow and debris including entrained vegetation including aspen trees and their root systems. They often began as soil slips 1-3 feet deep, rarely as deeper rotational failures within the colluvium. In some cases they were triggered by a combination of infiltration directly from the overlying, unusually deep snowpack and piping to the surface soil at boundaries in the DRAFT Geologic Hazard Impact Assessment 10 Arthur I. Mears, PE, Inc. Vail Trail Improvements and Extension Wilbur Engineering, Inc. Vail, Colo. April 26, 2016 bedrock. No events were observed but probably reached maximum speeds of <10m/s and stopped quickly when ground slopes were less than 10 degrees. Rockfall is also a potential hazard from these slopes although some boulders at the valley bottom may also be glacial till. Fan 4 Clubhouse/Sunburst Dr. The Clubhouse avalanche path can reach Fan 4 in the Sunburst Drive area. This fan is exposed to low frequency high energy snow avalanches and debris flows. It was studied in 1972 by Borland (Ref. 6). He reported that the Clubhouse avalanche path has a starting zone of about 40 acres and a total vertical fall of about 1600 feet. In 1972, aspen trees in the runout zone on the alluvial fan were about 30 years old, based to tree coring. The estimated return period to the alluvial fan was 30 to 100 years. Borland described at least six wet slides at the south end of the Clubhouse property with vertical falls of 50 to 300 feet and frequencies of 2 to 5 years. We applied the Swiss avalanche dynamics model, RAMMS (Ref. 9) to the Clubhouse avalanche path to evaluate the effect of 3 -dimension terrain on flow paths. Figure 7 shows the model predicted runout and maximum velocities for a cold dry avalanche with an estimated return period of about 30 years. Figure 7 — RAMMS Avalanche Model Runout Prediction for 30 -year Event DRAFT Geologic Hazard Impact Assessment 11 Arthur I. Mears, PE, Inc. Vail Trail Improvements and Extension Wilbur Engineering, Inc. Vail, Colo. April 26, 2016 Figure 8 — 1962 & 2006 Aerials of Clubhouse Debris Fan West End — Fan 5 Frontage to Fan 7 Terray East of the Clubhouse debris fan, the proposed new trail crosses four additional debris fans and four colluvial slopes. Terrain and photo analyses indicate that the most active geologic processes are wet avalanches and debris avalanches, especially towards the east end of Colluvium Slope 7. Cliff bands above the planned trail could produce rockfall along this entire section of trail. Resources at Risk Within the project area, there are permanent and temporary resources exposed to geologic hazards. The permanent resources consist of buildings, roads and other infrastructure. Temporary resources consist of trail users and residents and visitors outside of buildings. The risk of these two categories differs due to exposure time and vulnerability and was assessed separately. Buildings Table 5 lists the number of existing buildings along the trail alignment that are within existing geologic hazard zones based on the adopted Town of Vail Official hazard maps. The level of risk for each building is determined by the frequency and severity of the hazard and the vulnerability (strength, width, orientation, etc.) of each building. The proposed trail construction and realignment could affect the frequency and magnitude of geologic hazard events, either adversely or positively. The factors and effects of trail construction on risk are described in the Conclusions and Recommendations of this report. DRAFT Geologic Hazard Impact Assessment 12 Arthur I. Mears, PE, Inc. Vail Trail Improvements and Extension Wilbur Engineering, Inc. Vail, Colo. April 26, 2016 Table 5 — Resources Exposed to Geologic Hazards Slope/fan number Description Buildings in Avalanche Zones Buildings in Debris Flow Zones Buildings in Rockfall Zones Slope 1 Wend re -align 2 pot. 1 high 2 med. Slope 2 W Golf Terrace re -align 0 0 0 Slope E Golf Terrace re -al ign 0 0 0 Slope 4a Northwoods exist tr. 2 pot. 4 high 5 high Slope 4b I Northwoods new tr. 0 1 0 3 high Slope 5 Clubhouse 1 pot. 3 high 1 high Slope 6 USFS/Golf Course 0 0 0 Slope 7 E Golf Course 0 0 0 Slope 8 E end new tr. 0 0 0 Fan 1 W end small fan 0 0 0 Fan 2 Vail Valley Dr. 1 pot. 4 mod. 2 med. Fan 3 Golf Terrace 0 1 0 3 med 1 high Fan 4 Clubhouse 13 pot. 13 mod. 14 high Fan 5 Gore 1 0 0 0 Fan 6 Gilkey -Sidewinder 0 0 0 Fan 7 Terray 0 0 0 Trail Users Trail users and persons outside of buildings will also be exposed to geologic hazards described in this report. In general, the frequency of rockfall, avalanches and debris flows/avalanches will be low compared to the total time that persons are exposed to those hazards. The level of risk to trail users will be similar to many established trails within mountainous areas in Colorado. Findings & Conclusions Based on the analyses described in this report, we draw the following conclusions: 1. The proposed construction of a new 4 -foot wide soft surface trail will have a very small effect on the geologic processes that pose a threat to existing homes in proximity to the trail. 2. The proposed trail will cause a reduction in velocities and energy levels for debris flows, debris avalanches and rockfall events. This reduced energy level will result in a decrease in the hazard to down -gradient resources, including buildings, roads and other infrastructure. 3. The proposed trail may affect rockfall bounce heights. The trail geometry, orientation and construction details could alter natural rockfall trajectories, velocities and bounce heights. Trail design and construction details described below can be implemented to cause rockfall energy dissipation and reduced runout and thereby DRAFT Geologic Hazard Impact Assessment 13 Arthur I. Mears, PE, Inc. Vail Trail Improvements and Extension Wilbur Engineering, Inc. Vail, Colo. April 26, 2016 reduce rockfall risk to down -gradient resources, including buildings and town streets. 4. The risk to trail users of injury or death caused by rockfall, debris flow, debris avalanche or snow avalanche is similar to many other trails on public lands in mountainous terrain.2 5. The largest concentration of resources exposed to geologic hazards along the trail alignment is from Debris Fan 1 through the Clubhouse fan (Debris Fan 4). The planned new trail in this area, if designed and constructed following the recommendations below, will improve the safety for downhill resources, including buildings, streets and other infrastructure. Recommendations The following recommendations for the design and construction of the proposed extension and realignment of the Vail Trail are intended to prevent any increase in geologic hazards to existing resources currently exposed to geologic hazards. The recommendations will result in either a negligible change or a slight reduction in the geologic hazards for existing resources. 1. The trail construction should consist of either fill or combined cut/fill such that the trail hardness is less than the natural ground. This condition is recommended to provide energy dissipation to rockfall. The trail materials and construction specifications should be determined by a qualified geotechnical engineer. 2. In areas with the greatest concentration of resources exposed to geologic hazards (from Debris Fan 1 to Debris Fan 4 on Figure 4), we recommend a trail cross slope into the hill between 5 and 10 percent to achieve a high level of energy dissipation for rockfall impacts. 3. The longitudinal grade of the trail should be less than ten percent (10%) to prevent diversion of debris flows and wet avalanches from their natural trajectories and to decrease flow velocities at the trail location. 4. Trail signage should be installed at trailheads informing trail users of geologic hazards and the conditions that make hazards more likely. Signage could include site-specific signage at the locations most prone to impacts by geologic hazard events. Signage could be interpretive and educational and describe the various types of hazards, historic events and conditions that cause hazards to become elevated such as sustained or heavy rain or snowfall, freeze -thaw cycles, and rapid warming that result in melting of snow and soil saturation, especially during deep snowpack years. 2 A nearby example of a more serious snow avalanche hazard exists in the East Vail Chutes east of the project. According to the Midwinter 2015 issue of Vail -Beaver Creek Magazine, seven people have died in East Vail avalanches in 24 years. DRAFT Geologic Hazard Impact Assessment 14 Arthur I. Mears, PE, Inc. Vail Trail Improvements and Extension Wilbur Engineering, Inc. Vail, Colo. April 26, 2016 5. The town may want to issue temporary closures or advisories during high avalanche danger and during rare conditions such as those that caused the debris flow events in May 1984 and other years. Determining thresholds for closures is difficult without monitoring precipitation and soil moisture instrumentation and without substantial data from historic events. As a result of these challenges, closures would be subjective and well-qualified persons might disagree on the need and timing of closures. 6. The town and affected neighborhoods should consider forestry and erosion control measures in areas above the trail that would lead to long-term reductions in the frequency and magnitude of geologic hazard events. Colluvium Slopes 3 and 4 shown in Figure 6 might be suitable sites for this type of mitigation. The feasibility, effectiveness and cost of these measures would require additional site-specific studies. Such measures would like require permission and cooperation of the White River National Forest, the Town of Vail and residents. References 1. Godt, Jonathan W. and Savage, Jill E., Geomorphometry of Small Debris -Flow Drainage Basins Along Interstate 70, Eagle County, Colorado, Colorado Geological Survey Special publication 55, 2003. 2. Karl S. Kellogg, Bruce Bryant, and Margaret H. Redsteer, Geologic map of the Vail East quadrangle, Eagle County, Colorado, USGS Miscellaneous Field Studies Map 2375 https:Hpubs.er.usgs.gov/publication/mf2375 3. Boyer, Douglas D., First North American Landslide Conference, Vail, Colorado, AEG Special Publication 21, Colorado Geological Survey Special publication 56, 2007 4. Schmueser & Associates, Inc. Rockfall Study for the Town of Vail dated November 29,1984 authored by geologist Nicholas Lampiris, PhD. 5. Institute of Arctic and Alpine Research, Evaluation of the Snow Avalanche Hazard in the Valley of Gore Creek, Eagle County, Colorado, 1977. 6. Borland, W.M., Clubhouse Avalanche, unpublished report July 31, 1972. https:Hdspace.library.colostate.edu/bitstream/1 0217/ ... /1/WWMB02914. pdf 7. Arthur Mears, P.E. Inc., Debris Flow and Debris Avalanche Hazard Analysis, November 1984. 8. Colorado Rockfall Simulation Program, Version 4.0, Colorado School of Mines Dept. of Geological Engineering, May 1999. DRAFT Geologic Hazard Impact Assessment 15 Arthur I. Mears, PE, Inc. Vail Trail Improvements and Extension Wilbur Engineering, Inc. Vail, Colo. April 26, 2016 Arthur I. Mears, P.E., Inc. Natural Hazards Consultants 555 County Road 16 Gunnison, Colorado 81230 Cell: (970) 275-1548 February 19, 2016 Gregg Barrie Senior Landscape Architect Public Works Department Town of Vail Via email Re: Preliminary comments and opinions on geologic hazards and risks to the general public Eastern Segment of the Planned Vail Trail Extension and Improvements Dear Mr. Barrie: The planned eastern segment of the Vail Trail Extension and Improvements cross geologic hazard areas including rockfall, debris flows, debris avalanches and snow avalanches. The risk of injuries and death to the general public is expected to be very small, but not zero, due to the low frequency of these potentially destructive events combined with the low time of exposure of pedestrians, bicyclists and other trail users. The low exposure time is a result of little or no nighttime trail use, reduced trail use during adverse weather conditions, and the ability to restrict use or close the trail when geologic hazard events are most likely to occur. Proactive measures can be used to manage risk to the general public. Low cost risk management measures include trail signage and temporary closures during high avalanche danger and during rare conditions such as those that caused the debris flow events in May 1984 and other years. Signage could include general information on geologic hazards at trailheads and/or site-specific signage at the locations most prone to impacts by geologic hazard events. Signage could be interpretive and educational and describe the various types of hazards, historic events and conditions that cause hazards to become elevated such as sustained or heavy rain or snowfall, freeze -thaw cycles, and rapid warming that result in melting of snow and soil saturation, especially during deep snowpack years. It might be feasible to implement forestry and erosion control measures in areas above the trail that would lead to long-term reductions in the frequency and magnitude of geologic hazard events. The feasibility, effectiveness and cost of these measures would require additional site- specific studies. Such measures would like require permission and cooperation of the White River National Forest, the Town of Vail and residents. Widely accepted standards for acceptable risk take into account whether the risk is voluntary or involuntary and whether the hazard and risk are described and understood by persons exposing themselves to hazards. It is our opinion that the risk to the general public for the planned Eastern Segment of the Vail Trail can be effectively managed through various measures including signage and closures to achieve an acceptable level of risk. Please let us know if you have any questions or would like to discuss this issue. Sincerely, Arthur I. Mears, P.E. Geologic Hazard & Risk Opinion Eastern Segment Vail Trail Improvements Arthur I. Mears, P.E., Inc. February 19, 2016 page 2 of 2 City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: February 26, 2018 ITEM/TOPIC: A request for the review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for a variance to a side setback, located at 1200 Ptarmigan Road, Unit A / Lot 1, Block 8, Vail Village Filing 7, and setting forth details in regard thereto. (PEC17-0047) ATTACHMENTS: File Name Description PEC17-0047 1200 Ptarmigan Rd Memo.pdf Staff Memo to PEC TOWN OF VAIL � Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 11, 2017 SUBJECT: A request for the review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for a variance to a side setback, located at 1200 Ptarmigan Road, Unit A / Lot 1, Block 8, Vail Village Filing 7, and setting forth details in regard thereto. (PEC17-0047) Applicant: Eileen Hyatt, represented by Jack Snow, RKD Architects Planner: Matt Panfil The applicant, Eileen Hyatt, represented by Jack Snow of RKD Architects, has requested that this item be tabled indefinitely in order to address the potential need for additional variances. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: February 26, 2018 ITEM/TOPIC: A request for review of a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for a subdivision to reconfigure the property line at 332 Mill Creek Circle/Lot 11, Block 1, Vail Village Filing 1, and setting forth details in regard thereto. ( PEC 18-0001) OTTOCHMFNTS- File Name Description PEC18-0001 - Minor Subdivision - 332 Mill Creek Cir - Staff Memo.Ddf Staff Memo to PEC Attachment A - Vicinity Map.pdf Attachment A - Vicinity Map Attachment B - Project Narrative Response to Criteria and Linked Title Report.pdf Attachment B - Project Narrative, Response to Criteria, and Linked Title Report Attachment C - Proposed Subdivision Plat.pdf Attachment C - Proposed Subdivision Plat Attachment D - Lot 10 Zoning Analvsis.pdf Attachment D - Lot 10 Zoning Analysis TOWN OF VAIL � Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 26, 2018 SUBJECT: A request for review of a final plat, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to allow for a subdivision to reconfigure the property line at 332 Mill Creek Circle / Lot 11, Block 1, Vail Village Filing 1, and setting forth details in regard thereto. (PEC18-0001) Applicant: Triple Threat NLC, LLC, represented by Braun Associates, Inc. Planner: Matt Panfil I. SUMMARY The applicant, Triple Threat NLC, LLC, represented by Braun Associates, Inc., is requesting the review of a final plat of subdivision, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to allow for the reconfiguration of the east property line at 332 Mill Creek Circle / Lot 11, Block 1, Vail Potato Patch Filing 1. 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 approval of this application, subject to the findings in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Triple Threat NLC, LLC, represented by Braun Associates, Inc., is requesting the review of a final plat of subdivision to allow for the reconfiguration of the east property line in order to consolidate the subject property (Lot 11) and an adjoining parcel (Parcel 2), that was created by deed, but not legal subdivision, from the adjacent property to the east (Lot 10) in 1974. The purpose of the proposed subdivision is to vacate the property line between two (2) properties owned by the applicant, resulting in one (1) development lot (Lot 11) with new development standards. If approved, the proposed subdivision would facilitate the demolition of the existing single-family residence and the existing swimming pool structure at the northeast corner of the lot and allow the applicant to construct a new single-family residence on the subject property while maintaining both Lot 11's and Lot 10's individual compliance with the Town of Vail Zoning and Subdivision Regulations. Such a redevelopment would have the additional benefit of removing the existing attached garage from the Town - owned right-of-way. The graphic below shows the existing property boundary (solid line — red) in comparison to the proposed property boundaries (dashed line — blue): awww c.r' Ls'nsm2 r0= ROrk20 R 1 2M 02i LOT .T45. 42.51- W26'44 I CT 5 1 Asa or eE WF15V 5.C' 1 —may Y_ _ 49.e2 $ 63'0 i'p0• £ awoul �s0Ev4T I E+6r..4r9+T 1 LAT 11 n"' oa_er) 4 —� n� 1 o.3rx ec I F- 4 1 ^� 1 n 1 I 1 4 1 1 � I .� 11 ^_— ry 1 1 6uL0ErG OUTLM j I L I 1 1 I ulun 1 I E�YJIEHT 1+1.1.0' I GI I , 1 --SET µ RFBM k 1,1.12' E—.:.—T E T Iu_ul14 cw �c,aml4 (62S, Pira] LOT 6 E �T IRN w3u) LOT LWE CRPWP % MO 51, ar .N" N \ r. I H 83'Or'pp- W 134.98' _ 5 lr3$oo' W LOT 10 1 I I (61r 947e2� (� wT.[n .) IRr[ 201201395] `~� I I LOT uaE k1T pi." X510. r ar ]ws cur Lor UK ouTEo 4 L �' _' � ti 1 In i1NS NN •Sq�E Yw�9'+� pE0.RE1V'� 1 1 _ _ TJNE L---�r`1pWc , J W _ '# I J a w1unE _ ~ d R , rrn M RFa+n e 1 112" 4 1 V A vicinity map (Attachment A), project narrative, including the applicant's response to subdivision criteria, a memorandum addressing the chain of title for Lot 10 and Lot 11,a and a linked Title Report (Attachment B), a Final Subdivision Plat (Attachment C), and a zoning analysis of Lot 10 without Parcel 2 (Attachment D) are attached for review. BACKGROUND The following timeline outlines important events in the development of the subject property: Pre -1974: The subject property (Lot 11), and the adjacent property to the east (Lot 10) were under the common ownership of Fitzhugh Scott. 1963: Construction of the existing single-family residence on the subject property (Lot 11) was completed. The structure was built with the attached garage encroaching into the right-of-way. Town of Vail Page 2 1974: Mr. Scott recorded a deed that established a new parcel (Parcel 2) that was to be excluded from Lot 10 and included with Lot 11 (see below — Parcel 2 in yellow). i -112, ..6}� 11 i/1:...,�.- �i f: l r. ; .r� is"I i 11 vt;r � w 7 r� • , hF ZlI w'rarfuCCA�I ��?o- 0 �•^cirrl� qd e�Y ,,II nn � 1 • � /,'I.IIfI II :,}„_ .[3 Fa7�' Ji:7•I .. \ •7'!:7 .S07'PIF l , �,, IJ •"IJ/✓ y�j 5-�7-7 nt' •a.iO ' 19.}1 • �� .� In so doing, Mr. Scott failed to comply with the Town of Vail Subdivision Ordinance in place at the time (Ordinance No. 4, Series of 1970). As it does today, a minor subdivision required approval of a subdivision plat by the Planning Commission. Lot 10, excluding Parcel 2, was subsequently sold to a new owner in the same year. Despite the failure to legally subdivide the subject property, Lot 11 and Lot 10 have both been conveyed (Lot 11 with Parcel 2 and Lot 10 without Parcel 2) multiple times since 1974 (see Memorandum from James Wear, Esq., Wear Travers Perkins, LLC — Attachment B, pages 6-7). 1979: William F. Fox, the trustee for Mr. Scott's grandchildren's trust, enters into a 49 year lease agreement with the Town of Vail to maintain the location of the garage and brick wall within the Town right-of-way. The lease states: If the portion of the building occupying the leased premises is destroyed by any cause or is removed by an extent of more than fifty (50%) percent, this lease shall automatically terminate and the Town of Vail Page 3 remaining building or damaged portion thereof shall be removed from the public right-of-way within a reasonable time by Fox, his successors or assigns. 1985: The existing swimming pool, with shared ownership between the owner of the subject property and the owners of Lot 10 and Lot 5 (adjacent to the north property line of Lot 11), is constructed. 1989: The existing single-family residence on Lot 10 is constructed. Although the chain of title for Lot 11 and Lot 10 have been consistent since 1974, staff's research revealed that the 1989 approval was based on the original size of Lot 10 (including Parcel 2). Therefore, as part of the submission for approval of a subdivision plat, staff required the applicant to demonstrate that the official exclusion of Parcel 2 from Lot 10 would not result in the creation of any non - conformities based on reduced lot size. The applicant submitted exhibits demonstrating that Lot 10, excluding Parcel 2, remains in compliance with the Town's zoning and subdivision regulations (See Section V. — Zoning and Site Analysis). 2018: Applicant's request for approval of a subdivision plat to formally incorporate Parcel 2 into Lot 11 in order to facilitate the redevelopment of said lot. IV. APPLICABLE PLANNING DOCUMENTS Staff finds the following provisions of the Vail Town Code relevant to the review of this proposal: Title 12 — Zoning Regulations, Vail Town Code Chapter 2, Definitions (in part) BUILDABLE AREA: Any site, lot, parcel or any portion thereof which does not contain designated floodplain, red hazard avalanche area, or areas in excess of forty percent (40%) slope. DEVELOPMENT LOT: A delineation of property that may include one or more structures and/or lot(s) that collectively share dimensional and/or design standards or guidelines. Examples include, but are not limited to, a duplex property containing two (2) dwelling units, a condominium complex of one or more buildings or a multi- unit townhome style development that share dimensional (GRFA, site coverage, etc.) and/or design (unified architectural and landscape design) standards or guidelines. Town of Vail Page 4 Chapter 6, Article D. Two Family Primary/ Secondary Residential (PS) District (in part) 12-6D-1: PURPOSE.- The URPOSE: The two-family primary/secondary residential district is intended to provide sites for single-family residential uses or two-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same zone district. The two-family primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 12-6D-2: PERMITTED USES.- The SES: The following uses shall be permitted.- Employee ermitted: Employee housing units, as further regulated by chapter 13 of this title. Single-family residential dwellings Two-family residential dwellings 12-6D-5: LOT AREA AND SITE DIMENSIONS.- The IMENSIONS: The minimum lot or site area shall be fifteen thousand (15, 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, eight feet (80) on each side, within its boundaries. 12-6D-6: SETBACKS.- In ETBACKS: In the primary/secondary residential district, the minimum front setback shall be twenty feet (20'), the minimum side setback shall be fifteen feet (15'), and the minimum rear setback shall be fifteen feet (15'). 12-6D-8: DENSITY CONTROL.- A. ONTROL: A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted on each site with only one dwelling unit permitted on existing lots less than fourteen thousand (14, 000) square feet. 1. Exception: Properties that meet all of the following three (3) conditions shall be permitted a total of two (2) dwelling units on existing lots less than fourteen thousand (14, 000) square feet.- Town eet: Town of Vail Page 5 a. The property was annexed into the town of Vail with two (2) existing dwelling units on a lot less than fourteen thousand (14, 000) square feet. b. The property as of April 1, 2016, contained two (2) dwelling units on a lot less than fourteen thousand (14, 000) square feet. c. At no time between the property's annexation and April 1, 2016, did the property contain less than two (2) dwelling units. 2. Discontinuance of Exception: If at any time any property as described above develops or redevelops with only one dwelling unit, this exception for the allowance of two (2) units shall no longer be valid for such property. B. Gross Residential Floor Area.- 1. rea: 1. The following gross residential floor area (GRFA) shall be permitted on each site.- a. ite: a. Not more than forty six (46) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10, 000) square feet of site area, plus b. Thirty eight (38) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over ten thousand (10,000) square feet, not exceeding fifteen thousand (15, 000) square feet of site area, plus c. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over fifteen thousand (15, 000) square feet, not exceeding thirty thousand (30, 000) square feet of site area, plus d. Six (6) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of thirty thousand (30, 000) square feet. 2. The secondary unit shall not exceed forty percent (40%) of the allowable gross residential floor area (GRFA). C. Employee Housing Units: Notwithstanding the provisions of subsections A and 8 of this section, a type I employee housing unit shall be permitted on lots of less than fourteen thousand (14, 000) square feet in accordance with the provisions of chapter 13 of this title. Any type 1 employee housing unit existing on or before April 18, 2000, shall not be eliminated unless all dwelling Town of Vail Page 6 units are demolished, in which case the zoning on the property shall apply. However, an existing type I employee housing unit may be replaced with a type 11 employee housing unit on lots of fourteen thousand (14, 000) square feet or greater. 12-6D-9: SITE COVERAGE Site coverage shall not exceed twenty percent (20%) of the total site area. 12-6D-10: LANDSCAPING AND SITE DEVELOPMENT: At least sixty percent (60%) of each site shall be landscaped. The minimum of any area qualifying as landscaping shall be ten feet (10) (width and length) with a minimum area not less than three hundred (300) square feet. 12-6D-11: PARKING.- Off ARKING: Off street parking shall be provided in accordance with chapter 10 of this title. Title 13 — Subdivision Regulations, Vail Town Code Chapter 1, General Provisions (in part) 13-1-2: PURPOSE: A. Statutory Authority: The subdivision regulations contained in this title have been prepared and enacted in accordance with Colorado Revised Statutes title 31, article 23, for the purpose of promoting the health, safety and welfare of the present and future inhabitants of the town. B. Goals: To these ends, these regulations are intended to protect the environment, to ensure efficient circulation, adequate improvements, sufficient open space and in general, to assist the orderly, efficient and integrated development of the town. These regulations also provide for the proper arrangement of streets and ensure proper distribution of population. The regulations also coordinate the need for public services with governmental improvement programs. Standards for design and construction of improvements are hereby set forth to ensure adequate and convenient traffic circulation, utilities, emergency access, drainage, recreation and light and air. Also intended is the improvement of land records and surveys, plans and plats and to safeguard the interests of the public and subdivider and provide consumer protection for the purchaser; and to regulate other matters as the town planning and environmental commission and town council may deem necessary in order to protect the best interests of the public. Town of Vail Page 7 C. Specific Purposes: These regulations are further intended to serve the following specific purposes.- 1. urposes: 1. To inform each subdivider of the standards and criteria by which development proposals will be evaluated, and to provide information as to the type and extent of improvements required. 2. To provide for the subdivision of property in the future without conflict with development on adjacent land. 3. To protect and conserve the value of land throughout the municipality and the value of buildings and improvements on the land. 4. To ensure that subdivision of property is in compliance with the town's zoning ordinance, to achieve a harmonious, convenient, workable relationship among land uses, consistent with town development objectives. 5. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serve the proposed subdivision. 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures. 7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard the water table and to encourage the wise use and management of natural resources throughout the town in order to preserve the integrity, stability and beauty of the community and the value of the land. 13-1-3: COMPLIANCE.- A. OMPLIANCE: A. General Prohibition: It is unlawful for any person, business, or corporation to violate any of the provisions of this chapter or to transfer, sell, lease or agree to sell or lease, any lot, tract, parcel, site, separate interest (including a leasehold interest), interest in common, condominium interest, timeshare estate, fractional fee, or timeshare license, or any other division within a subdivision within the town until such subdivision has been approved in writing by the administrator, planning and environmental commission and/or the council (whichever is applicable) and a plat thereof recorded in the office of the Eagle County clerk and recorder; provided, however, that a written agreement to sell or lease which is expressly conditioned upon full Town of Vail Page 8 compliance by the seller with the subdivision regulations of the town within a specified period of time and which expressly recites the seller's failure to satisfy such condition within such period of time shall terminate the agreement and entitle the buyer to the prompt return of all consideration heretofore paid by the buyer under such agreement, shall not constitute a violation of this subsection. B. Prohibitive Conveyance: No lot or parcel of land, nor any interest therein, shall be transferred, conveyed, sold, subdivided or acquired either in whole or in part, so as to create a new nonconforming lot, or to avoid or circumvent or subvert any provision of this chapter. C. Responsibility. The owner, developer, buyer, or seller shall be fully responsible for all acts of agents or employees thereof that are committed in violation of the terms of this chapter. Chapter 2, Definitions (in part) SUBDIVISION OR SUBDIVIDED LAND: A. Meaning: 1. A tract of land which is divided into two (2) or more lots, tracts, parcels, sites, separate interests (including leasehold interests), interests in common, or other division for the purpose, whether immediate or future, of transfer of ownership, or for building or other development, or for street use by reference to such subdivision or recorded plat thereof, or 2. A tract of land including land to be used for condominiums, timeshare units, or fractional fee club units, or 3. A house, condominium, apartment or other dwelling unit which is divided into two (2) or more separate interests through division of the fee or title thereto, whether by conveyance, license, lease, contract for sale or any other method of disposition. B. Exceptions: Unless the method of land disposition is adopted for the purpose of evading this definition, the term "subdivision" as defined herein shall not apply to any of the following divisions of land or interests in land: 1. The division of land by order of any court in this state or by operation of law. 2. The division of land by a lien, mortgage, deed of trust or any other security instrument. Town of Vail Page 9 3. The division of land by a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity. 4. The division of land which creates an interest or interests in oil, gas or minerals which are now or hereafter severed from the surface ownership of real property. 5. The division of land by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common and any such interest shall be deemed for purposes of this definition as only one interest; provided, however, that no agreement exists, either recorded or unrecorded, between the cotenants allowing for the use and occupancy of the property by one or more cotenants to the exclusion of one or more cotenants during any period, whether annually recurring or not if such agreement is in any way binding or effective upon any assignee or future owner of a fractional fee interest or if such agreement continues to be in any way binding or effective upon any cotenant for the sale of any interest in the property. 6. The division of land by reason of the dissolution of a joint venture or business entity. C. Compliance: No subdivision shall be approved which includes elements not in conformance with the provisions of any applicable zoning ordinance or other ordinance of the town or law or regulations of the state. D. Major Subdivision: Any subdivision involving more than four (4) lots, or a subdivision proposal without all lots having frontage on a public or approved street, or with a request to extend municipal facilities in a significant manner, or a proposal which would negatively affect the natural environment as determined under section 12-12-2, "Applicability", of this code, or if the proposal would adversely affect the development of the remainder of the parcel or adjoining property. E. Minor Subdivision: Any subdivision containing not more than four (4) lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property. F. Single -Family Subdivision: A subdivision of an existing lot, which is recognized by the town of Vail as a legally subdivided lot, and which shall contain a single-family or two-family dwelling. Each such dwelling shall be separated from any other dwelling by space on all sides. For zoning purposes, the lots created by a single-family subdivision shall be treated as one lot. Town of Vail Page 10 Chapter 3, Section 4, Commission Review of Application, Criteria and Necessary Findings.- 13-3-4.- indings: 13-3-4: COMMISSION REVIEW OF APPLICATION; CRITERIA AND NECESSARY FINDINGS The planning and environmental commission shall conduct a public hearing on an application for a preliminary plan for subdivision. The planning and environmental commission shall consider the application, relevant additional materials, staff report and recommendations as well as any other comments or public information given at the hearing. The planning and environmental commission may discuss advisable changes to the proposed subdivision with the applicant. The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this chapter, the zoning ordinance and other pertinent regulations that the planning and environmental commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13-3-C of this chapter. A. Before recommending approval, approval with conditions or disapproval of the preliminary plan, the planning and environmental commission shall consider the following criteria with respect to the proposed subdivision.- 1. ubdivision: 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town, and 2. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, title 12, "Zoning Regulations", of this code, and other pertinent regulations that the planning and environmental commission deems applicable, and 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives, and 4. The extent of the effects on the future development of the surrounding area, and 5. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and Town of Vail Page 11 6. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines, and 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole, and 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features, and 9. Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision. B. Necessary Findings: Before recommending and/or granting an approval of an application for a major subdivision, the planning and environmental commission shall make the following findings with respect to the proposed major subdivision.- 1. ubdivision: 1. That the subdivision is in compliance with the criteria listed in subsection A of this section. 2. That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town. 3. That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas. 4. That the subdivision 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. Chapter 4, Minor Subdivisions (in part) 13-4-2: PROCEDURE: The procedure for a minor subdivision shall be as follows.- A. ollows: A. Submission Of Proposal; Waiver Of Requirements: The subdivider shall submit two (2) copies of the proposal following the requirements for a final plat in subsection 13-3-6B of this title, with the provision that certain of these Town of Vail Page 12 requirements may be waived by the administrator and/or the planning and environmental commission if determined not applicable to the project. B. PEC Public Hearing: Within thirty (30) days of receiving the complete and correct submittal for a minor subdivision, the planning and environmental commission shall hold a public hearing to consider the final plat. The administrator shall cause a copy of a notice of the time, place and general nature of the hearing and proposal to be published in a newspaper of general circulation in the town at least fifteen (15) days prior to said hearing. Also, adjacent property owners to the proposed subdivision shall be notified in writing at least seven (7) days prior to the public hearing. C. Review And Action On Plat: The planning and environmental commission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one (21) days of the first public hearing on the minor subdivision or the minor subdivision will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreement between the planning and environmental commission and subdivider. The review shall be based on the criteria and necessary findings in section 13-3-4 of this title. D. Appeal: Within twenty (20) days the decision of the planning and environmental commission on the final plat shall be transmitted to the council by the staff. The council may call up the decision of the planning and environmental commission within twenty (20) days of the planning and environmental commission's action. If council appeals the planning and environmental commission decision, the council shall hear substantially the same presentation by the applicant as was heard at the planning and environmental commission hearing(s). The council shall have thirty (30) days to affirm, reverse, or affirm with modifications the planning and environmental commission decision, and the council shall conduct the appeal at a regularly scheduled council meeting. V. ZONING AND SITE ANALYSIS Address: Legal Descriptions: Zoning: Land Use Plan Designations: Current Land Use: Geological Hazards: View Corridor: Town of Vail 332 Mill Creek Circle Vail Village Filing 1, Block 1, Lot 11 Two -Family Primary/Secondary Residential (PS) Low Density Residential Single -Family Residence Moderate Hazard Debris Flow, Stream Setbacks View Corridor#1, Non -Impacting Page 13 Development Allowed / Existing Proposed Change Standard Required Village Master Plan East: Low Density Residential Lot 11 (based on the Design Review Board's approval of DRB17-0557) Site Area 15,000 SF 12,427 SF 13,660 SF +1,232 SF Front: 20' Front (S,. Front (S): 20'* Front (S): +31' Setbacks Sides: 15' Side (E): 3.8' Side (E): 21'* Side (E): +20.6' Rear: 15' Side (W): 4.4' Side (VV): 22.6'* Side (VV): +18.2' Rear (N): 15' Rear (N): 17' * Rear (N): +2' Building Height 30'/ 33' Unknown 33' N/A Density (DUs) Max. 1 1 DU No Change Density (GRFA) 5,991 SF Unknown 5,983 SF * N/A Site Coverage Max. 20% Unknown 20% * N/A (2,732 SF) (2,732 SF) Landscaping Min. 60% Unknown 62% * N/A 8,196 SF 8,501 SF Parking Min. 5 Spaces 2 5 +3 Lot 10 Site Area 15,000 SF 17,646 SF 16,414 SF -1,232 SF Front: 20' Front (S): 5' Front (S): 5' Front: No Change Setbacks Sides: 15' Side (E): 62' Side (E): 62' Side: No Change Rear: 15' Side (VV): 27' Side (VV): 24' Side (VV): -3' Rear (N): 53" Rear (N): 46.5' Rear (N): -6.5' Building Height 30'/ 33' Unknown No Change Density DUs Max. 2 1 DU No Change Density (GRFA) 6,684 SF 4,499 SF No Change Site Coverage Max. 20% 14% No Change 31283 SF 2,305 SF Landscaping Min. 60% 82.4% 81% -1.4% (9,848 SF) (14,546 SF) (13,314 SF) (-1,232 SF) Parking Min. 4 4 4 No Change Spaces VI. SURROUNDING LAND USES AND ZONING Town of Vail Zoning District: Two -Family Primary/Secondary Residential Two -Family Primary/Secondary Residential / Agricultural and Open Space Two -Family Primary/Secondary Residential Two -Family Primary/Secondary Residential Page 14 Existing Land Use: North: Low Density Residential South: Low Density Residential / Village Master Plan East: Low Density Residential West: Low Density Residential Town of Vail Zoning District: Two -Family Primary/Secondary Residential Two -Family Primary/Secondary Residential / Agricultural and Open Space Two -Family Primary/Secondary Residential Two -Family Primary/Secondary Residential Page 14 VII. REVIEW CRITERIA The following are review criteria for a minor subdivision, as outlined in Section 13-3-4, Commission Review of Application; Criteria and Necessary Findings, Vail Town Code: 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Staff finds that the proposed subdivision is consistent with all 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. While the Comprehensive Plan is does not discuss single-family and duplex subdivisions in great detail, Goal 1.3 of the Vail Land Use Plan states, "the quality of development should be maintained and upgraded whenever possible." If approved, the proposed subdivision would facilitate compliance with Title 12, Zoning Regulations, Vail Town Code, and Title 13, Subdivision Regulations, Vail Town Code through the following: • Construction of a new, code -compliant, single-family residence; • The removal of an encroachment into the Town right-of-way (existing attached garage); and • The removal of a structure (swimming pool) from within the Mill Creek setback. Staff finds the proposed subdivision meets this criterion. 2. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, title 12, "Zoning Regulations, " of this code, and other pertinent regulations that the planning and environmental commission deems applicable; and Staff finds that the proposed subdivision is in compliance with all of the standards of Title 12, Zoning Regulations, Vail Town Code, and Title 13, Subdivision Regulations, Vail Town Code. As proposed, the development lot and the adjacent property to the east meet all development standards for the Two -Family Primary/Secondary (PS) District. Staff finds the proposed subdivision meets this criterion. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Town of Vail Page 15 Staff finds that the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. While the proposed shared property line is unusual in its panhandle shape, there is no prohibition against such property lines within the Vail Town Code. The proposed subdivision will not negatively impact the existing relationship among land uses, but it will facilitate a new single-family residence without any setback encroachments, remove an encroachment into the Town right-of-way (garage), and remove a structure (swimming pool) from within the Mill Creek setback. Staff finds the proposed subdivision meets this criterion. 4. The extent of the effects on the future development of the surrounding area; and Staff finds that the proposed subdivision will have no negative impacts on the future development of the surrounding area. Instead, the proposed subdivision furthers the implementation of the Town's development objectives by facilitating a new single-family residence, the removal of an encroachment into the Town right-of-way (garage), and the removal of a structure (swimming pool) from within the Mill Creek setback. Also, the surrounding area has been developed and an alteration to a shared private property line between the subject properties will not affect the surrounding area, now, or in the future. Staff finds the proposed subdivision meets this criterion. 5. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and Staff finds that the proposed subdivision will not cause any inefficiency in the delivery of public services and will not require duplication or premature extension of public services, and will not result in a leapfrog development pattern because the applicant is proposing a subdivision of existing platted lots already served by public facilities. Staff finds the proposed subdivision meets this criterion. 6. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines; and Staff finds that the proposed subdivision is already served by appropriately sized utility lines, resulting in no future land disruptions to upgrade undersized lines. Town of Vail Page 16 Staff finds the proposed subdivision meets this criterion. 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and Staff finds that the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole because there will be no negative impact to the community as a whole while facilitating the community's goal to allow for the maintenance and upgrading of existing development within the Town. The proposed subdivision will help to clarify the ownership of Lot 11 and Parcel 2 as one (1) consolidated development lot. The proposed subdivision will also help to ensure identification of property boundaries and consistent enforcement of adopted zoning regulations. Staff finds the proposed subdivision meets this criterion. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Staff finds that the proposed subdivision will not result in any adverse impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. Staff finds the proposed subdivision meets this criterion. 9. Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision. VIII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval of a final plat pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to allow for the subdivision to reconfigure the property line at 332 Mill Creek Circle / Lot 11, Block 1, Vail Village Filing and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve this minor subdivision, the Community Development Department recommends the Planning and Environmental Commission pass the following motion: Town of Vail Page 17 "The Planning and Environmental Commission approves the applicant's request for a final plat, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to allow for the subdivision to reconfigure the property line at 332 Mill Creek Circle / Lot 11, Block 1, Vail Village Filing 1 and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this minor subdivision, the Community Development Departments recommends the Planning and Environmental Commission makes the following findings: 'Based upon a review of Section Vll of the February 26, 2018 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. That the subdivision is in compliance with the criteria listed in Section 13-3-4, Minor Subdivisions, Vail Town Code,- 2. ode, 2. That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town,- 3. own, 3. That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas, and 4. That the subdivision 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. Project Narrative, including the applicant's response to subdivision criteria, a memorandum from James Wear, Esq., Wear Travers Perkins, LLC, addressing the chain of title for Lot 11, Lot 10, and Parcel 2, and a linked Title Report. C. Proposed Final Subdivision Plat, prepared by Michael J. Post, Professional Land Surveyor, Eagle Valley Surveying, Inc., dated February, 2018, and received January 29, 2018. D. Lot 10 Zoning Analysis, Prepared by Braun Associates, Inc. Town of Vail Page 18 Minor Subdivision Vail Village First Filing, Block 1, Lot 11 January 30, 2018 Proposed Minor Subdivision The purpose of this minor subdivision is to consolidate Lot 11 with an adjoining parcel. The adjoining parcel, herein referred to as Parcel 2, was created by deed from Lot 10 in 1974. While it was never formally subdivided, Parcel 2 has not been a part of Lot 10 for 43 years. This proposed subdivision will add the approximately 1,232sf of Parcel 2 to the approximately 12,427 sf of Lot 11, increasing the size of Lot 11 to .3136 acres, or 13,660 sf. Background on Lot 11 Fitzhugh Scott was one of the original twenty investors in the Vail Corporation in the early 1960's. An architect, Scott completed some of the earliest plans for Vail Village and he was a catalyst for many of the design and planning features for the Village that make it the special place it is today. Scott also designed many of the first buildings in Vail, among them the Lodge at Vail, the Red Lion and the Mill Creek Court Building. In the 1970's Scott owned two lots on Mill Creek Circle, Lot 10 and Lot 11 of Block 1, Vail Village First Filing. In 1974 he recorded a deed that defined a.0283 acre parcel from Lot 10 (Parcel 2) and excluded it from Lot 10. In that same year he sold Lot 10, exclusive of Parcel 2. Since that time Lot 10 has been conveyed seven times, and each time Parcel 2 has been excluded from the conveyance. In 1979 Scott conveyed Lot 11, inclusive of Parcel 2. Since that time Lot 11 has been conveyed seven times, and each time Lot 11 has been conveyed with Parcel 2. An exhibit from the deed for Lot 10 depicting Parcel 2 is found on the following page and a summary of conveyances of Lots 10 and 11 is found at the end of this report. While never formally subdivided, Parcel 2 has been excluded from Lot 10 since 1974 and has been included with Lot 11 since 1979. In 2017 Triple Threat NLC, LLC purchased Lot 11. As had been the case with six previous conveyances, the deed for Lot 11 included Parcel 2. Triple Threat plans to develop a single-family home on Lot 11. The purpose of this subdivision is to formally incorporate Parcel 2 into Lot 11 and in doing so clean up what can only be described as a very unique subdivision situation. Minor Subdivision Vail Village Filing 1, Block 1, Lot 11 ACHARDS l�E�G (�+E. Sr INC.SURVEYHQ�_E-- 0.O.A.. 643 VOL c.re..a. 41457 DAT;, &2M ./• 7 ' an.r.. <r4•so�z. D�nra ti..r•7AttSRt _ 1 07! a/' /n Z. i'•^�IL,... �� I'�i/%,...,_�._J�7f�1".� � .rte"'. l �r�`if .� l...li!_�/�tr _ N6 I,.rY �'r `. r`ZS %517:,1•+ _?.' '• - 7�?C -210 A� �7.0 17` �"1.h 'p40i� '� 1 Ci.J %C:'J r^•�.. Jr�'.4 p.• cz 7, LECnL DF..SCR:?TION Lot 10, Block.l vaLL til:age , First YllinG 1 subdSvision in_7AFI(: county, { Colorado except the followtng deCcribed pnrtian thereof: The Want 3.00 feet j{ and Lhe north 6.50 feet of said Lot 10, r:ore pnrticu:ory aeacrtbcd ae follors: 3 lieginl:tnq at rye Southc,c::L turner of Said :.>t 10, then•-' N'E 107.112 feet I 3 ,a,(,r;, the Westerly lot Ifttu to the ::orchwrst cornet thvreo:. thence S Wel' E 1 142.33 fact alons the harChtr:.y io: llna to the Arcilcast corutr there,),; chercc S 12'38' i7 6,53 feet along the iaatrrly Loc line; thenrt IA s_1°G1' 1+ 139,9a feet paralldl t.•ith anJ 6.50 fret from sold northerly line; thcacc S 18'43' 11 101.91 fact -parallel with and 3.00 feet frrn: e•tld W.ic tcrly line to .i point on rbc Sounc�r;v iuc line which is on the art of a 1426.5 Coot r:,dius curve; thence Westerly 3.00 fent along the arc of 'aid curve td the right w1inae tori; chord heirs v 71'15'711" 1c' 3,00 feet to the point of bc;;iluclnit, said extorsion e0nt.11n:31g 1211.62 square feet or 0.0:83 nc:res marc ar it•54, and CS,c act urea remaining beLng 1(1413,711 ar,uare feet or 0.3748 orres more ar 1•c5y. GlOiT] PfG1Ti0N: I ccrtif}• that nn r'..: "bo". .Ea'.; !nip' +rrcr,. cu s•rt•rot uao +:tale und,!r my a"perVie;.on'uf the nk•,�..'.r ics,�rilr.•,' •• :W,! 0:41. din•, ire aecurarcly uhown Iltet',•u11 nlltl 111.1L r.11c .I•e,vP I : I :r '• .'•:,777;,1:,!, �rrc prcp.,Yrd Ly ate and Lot;t.ara nCcurc7rF to U o - •:� '••> li °�,'•... .� .'•S. h7�:ISrfY117 f1'rNr:S�n.t.ti E FI4;% Minor Subdivision Vail Village Filing 1, Block 1, Lot 11 Zoning Consideration /Lot 11 Lot 11 is zoned Two-family Primary/Secondary Residential (P/S). The parcel is currently 12,427sf. Minimum lot size in the P/S zone district is 15,000sf and as such the existing lot is a legal non -conforming situation. With the inclusion of Parcel 2, Lot 11 will increase to 13,660sf. While still not in keeping with the minimum lot size in the P/S zone district, this proposed minor subdivision will reduce the degree of Lot 10's non -conformity. Lot 11 is proposed to be redeveloped with a single-family home. The home planned for the Lot 11 has been designed in accordance with all applicable development standards based on the pending lot size of 13,660sf. As such, with approval of this minor subdivision and subsequent approval of DRB plans for the new single-family home on Lot 11, the lot will be in conformance with all development standards. Zoning Considerations /Lot 10 Lot 10 is zoned Two-family Primary/Secondary Residential (P/S). As originally platted Lot 10 was .4051 acres, or 17,646sf in size. With the exclusion of Parcel 2, Lot 10 is 16,414sf., well within the minimum lot size in the P/S zone district. The existing home on lot 10 was built approved in 1989 and constructed in the early 90's. Town staff has provided the approved plans from 1989 and based on these plans site coverage and GRFA were checked. Allowable GRFA 6,684sf Existing GRFA 4,499sf Allowable Site Coverage 3,282sf (20%) Existing Site Coverage 2,305sf (14.0%) With the exclusion of Parcel 2, existing development on Lot 10 is in conformance with P/S zone district development standards. Minor Subdivision Review Criteria The following are review criteria for a minor subdivision, as outlined in Section 13-3-4, Commission Review of Application; Criteria and Necessary Findings, Vail Town Code: 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Minor Subdivision Vail Village Filing 1, Block 1, Lot 11 Response The proposed subdivision is consistent with all 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. While the Comprehensive Plan does not address single- family and duplex minor subdivisions in great detail, Goal 1.3 of the Vail Land Use Plan states "the quality of development should be maintained and upgraded whenever possible." If approved, the proposed subdivision would facilitate the upgrading/redevelopment of an existing single-family residence. 2. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, title 12, "Zoning Regulations, " of this code, and other pertinent regulations that the planning and environmental commission deems applicable, and Response The proposed subdivision is in compliance with the standards of Title 12, Zoning Regulations, Vail Town Code, and Title 13, Subdivision Regulations, Vail Town Code. Lot 11 is currently non -conforming with respect to minimum lot size, however as proposed the subdivision of Lot 11 will reduce the current degree of non -conformity. The planned redevelopment of Lot 11 has been designed to conform to with applicable development standards of the Two -Family Primary/Secondary (PS) District. While not a party to this subdivision, existing development on Lot 10 is in compliance with applicable development standards for the Two -Family Primary/Secondary (PS) District. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives, and Response Parcel 2 has been excluded from Lot 10 and included as a part of Lot 11 for over 40 years. This subdivision will formalize the status of Parcel 2 and in doing so the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The proposed subdivision will not negatively impact the existing relationship among surrounding land uses. 4. The extent of the effects on the future development of the surrounding area, and Response All residential lots surrounding the subject site have been developed in accordance with the neighborhood's residential zoning. The proposed minor subdivision does not change zoning or land use and as such it will have no adverse effect on the future development of the surrounding area. The additional site area for Lot 11 will allow for a modest increase in Minor Subdivision Vail Village Filing 1, Block 1, Lot 11 allowable site coverage and GRFA. While at the same time the reduced site area of Lot 10 will result in a modest reduction in allowable site coverage and GRFA. 5. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development, and Response The proposed subdivision will not cause any inefficiency in the delivery of public services and will not require duplication or premature extension of public services, and will not result in a leapfrog development pattern because the applicant is proposing a subdivision of existing platted lots already served by public facilities. 6. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines, and Response The proposed subdivision is currently served by appropriately sized utility lines, resulting in no future land disruptions to upgrade undersized lines. 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole, and Response The proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole because there will be no negative impacts from the proposed subdivision. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Response The proposed subdivision will not result in any adverse impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. 9. Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision. Response n/a Minor Subdivision Vail Village Filing 1, Block 1, Lot 11 ^N11 WTP WEAR TRAVERS PERKINS LLC MEMORANDUM TO: George Ruther, Director of Town of Vail Community Development; Matt Mire, Town of Vail Attorney FROM: James Wear, Esq. Wear Travers Perkins LLC DATE: January 22, 2018 RE: Chain of Title for Lot 10 and Lot 11, Block 1, Vail Village, First Filing This memorandum addresses the chain of title for Lot 10, Block 1, Vail Village, First Filing, County of Eagle, State of Colorado ("Lot 10"), except the portion described as West 3.00 feet and the North 6.50 feet of said Lot 10 (the "Parcel"), and Lot 11, Block 1, Vail Village, First Filling, County of Eagle, State of Colorado ("Lot 11"), including the Parcel. Lot 10, except for the Parcel, Chain of Title: • Fitzhugh Scott to Harland D. House — Recorded January 21, 1974 in Book 233 at Page 40. • Harlan D. House to Robert D. Gunn — Recorded February 26, 1988 in Book 479 at Page 595. • Robert D. Gunn to Philip Hoversten — Recorded July 21, 1989 at Reception No. • Philip Hoversten to Vail Mountain School — Recorded May 30, 1990 at Reception No. 426404. • Vail Mountain School to Stephen J. Redding and Angelina C. Redding, Trustees of the Redding Family Trust — Recorded May 30, 1990 at Reception No. 426405. • Philip Hoversten to Stephen J. Redding and Angelina C. Redding, Trustees of the Redding Family Trust — Recorded May 30, 1990 at Reception No. 426406. • Stephen J. Redding and Angelina C. Redding, Trustees of the Redding Family Trust to Sphear Investments, LLC — Recorded January 21, 2009 at Reception No. 200900756. Attorneys at Law Riverwalk -1 st & Main 197 Main Street E202 I Edwards, Colorado 81632 p 970.476.7646 f 970.476.7118 www.wtpvail.com Lot 11, including the Parcel, Chain of Title: • Fitzhugh Scott to Fitzhugh Scott, Jr. and Eileen S. Scott, Co -Trustees, or their successors in Trust under Agreement dated September 30,1976, with Fitzhugh Scott Jr., Grantor — Recorded April 27, 1979 in Book 284 at Page 760. • Fitzhugh Scott, Jr. and Eileen S. Scott, Co -Trustees, or their successors in Trust under Agreement dated September 30, 1976, with Fitzhugh Scott Jr., Grantor, to William F. Fox, Trustee of the Eileen and Fitzhugh Scott Grandchildren's Trust created at Milwaukee, Wisconsin on 12/14/72 — Recorded April 27, 1979 in Book 284 at Page 761. • William F. Fox, Trustee of Eileen and Fitzhugh Scott Grandchildren's Trust created at Milwaukee, Wisconsin on 12/14/72 to Robert D. Gunn — Recorded April 27, 1979 in Book 284 at Page 762. • Robert D. Gunn to Frances E. Gunn — Recorded December 15, 1982 in Book 350 at Page 476. • William C. Gunn, as Personal Representative of the Estate of Frances Eleanor Gunn a/k/a Frances E. Gunn a/k/a Frances Gunn, deceased, to the Frances E. Gunn Trust — Recorded February 1, 2010 at Reception No. 201001901. • Frances E. Gunn Trust to FG Vail, Ltd. — Recorded March 17, 2010 at Reception No. 201005140. • FG Vail, Ltd. to Triple Threat NLC, LLC —Recorded August 18, 2017 at Reception No. 201716042. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Customer Ref -Loan No.: Property Address: 332 MILL CREEK CIRCLE, VAIL, CO 81657 1. Effective Date: 07/10/2017 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 06-17-06 Proposed Insured: TRIPLE THREAT NLC, LLC, A COLORADO LIMITED LIABILITY COMPANY Order Number: V50048092-3 $14,600,000.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: FG VAIL, LTD., A TEXAS LIMITED PARTNERSHIP 5. The Land referred to in this Commitment is described as follows: PARCEL A: LOT 11, BLOCK 1, VAIL VILLAGE FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL B: A PORTION OF LOT 10 BLOCK 1, VAIL VILLAGE, FIRST FILING, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 3.00 FEET AND THE NORTH 6.50 FEET OF SAID LOT 10, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OR SAID LOT 10, THENCE NORTH 18 DEGREES 43 MINUTES EAST 107.92 FEET ALONG THE WESTERLY LOT LINE TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 83 DEGREES 01 MINUTES EAST 142.33 FEET ALONG THE NORTHERLY LOT LINE TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH 12 DEGREES 38 MINUTES WEST 6.53 FEET ALONG THE EASTERLY LOT LINE; THENCE NORTH 83 DEGREES 01 MINUTES WEST 139.98 FEET PARALLEL WITH AND 6.50 FEET FROM SAID NORTHERLY LINE THENCE SOUTH 18 DEGREES 43 MINUTES WEST ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: V50048092-3 101.91 FEET PARALLEL WITH AND 3.00 FEET FROM SAID WESTERLY LINE TO A POINT ON THE SOUTHERLY LOT LINE WIHCI IS ON THE ARC OF A 1426.5 FOOT RADIUS CURVE; THENCE WESTERLY 3.00 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT WHOSE LONG CHORD BEARS NORTH 71 DEGREES 15 MINUTES 38 SECONDS WEST 3.00 FEET TO THE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL C: THOSE EASEMENT RIGHTS CREATED BY INSTRUMENT RECORDED SEPTEMBER 14, 1977 IN BOOK 259 AT PAGE 714 AND AS AMENDED IN INSTRUMENT RECORDED FEBRUARY 26, 1988 IN BOOK 479 AT PAGE 594 AND AS AMENDED IN INSTRUMENT RECORDED JANUARY 25, 2012 UNDER RECEPTION NO. 201201595. AND THOSE EASEMENT RIGHTS CREATED BY INSTRUMENT RECORDED JULY 21, 1989 IN BOOK 510 AT PAGE 107. Copyright 2006-2017 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION! . . ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: V50048092-3 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: 1. LAND TITLE GUARANTEE COMPANY HAS RECEIVED AN IMPROVEMENT LOCATION CERTIFICATE/SURVEY FOR THE SUBJECT PROPERTY PREPARED BY INTER -MOUNTAIN ENGINEERING, JOB NO.16-0098, DATED SEPTEMBER 26, 2016, THAT IS ACCEPTABLE TO THE COMPANY. "' IN ADDITION, A SURVEY AFFIDAVIT, EXECUTED BY FG VAIL, LTD., A TEXAS LIMITED PARTNERSHIP, IS NECESSARY INDICATING THAT THERE HAVE BEEN NO NEW IMPROVEMENTS, EASEMENTS OR BOUNDARY CHANGES SINCE THE DATE OF SAID IMPROVEMENT LOCATION CERTIFICATE/SURVEY AND THAT THE IMPROVEMENTS SHOWN ON SAID IMPROVEMENT LOCATION CERTIFICATE/SURVEY HAVE NOT BEEN ALTERED SINCE THE DATE OF SAID IMPROVEMENT LOCATION CERTIFICATE/SURVEY. "' 2. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. 3. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR FG VAIL, LTD., A TEXAS LIMITED PARTNERSHIP RECORDED MARCH 17, 2010 AT RECEPTION NO. 201005139 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES WILLIAM C. GUNN, TRUSTEE OF WEVS GST TRUST, SOLE MEMBER OF WEVS LLC, GENERAL PARTNER AS AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. NOTE: THE PARTNERSHIP AGREEMENT FOR FG VAIL, LTD., A TEXAS LIMITED PARTNERSHIP DISCLOSES WILLIAM C. GUNN, TRUSTEE OF WEVS GST TRUST, SOLE MEMBER OF WEVS LLC, GENERAL PARTNER AS THE GENERAL PARTNER THAT IS AUTHORIZED TO EXECUTE LEGAL INSTRUMENTS ON BEHALF OF SAID ENTITY. 4. WRITTEN INSTRUCTIONS AUTHORIZING LAND TITLE TO PREPARE A STATEMENT OF AUTHORITY FOR TRIPLE THREAT NLC, LLC, A COLORADO LIMITED LIABILITY COMPANY, STATING UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY; OR, A DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF TRIPLE THREAT NLC, LLC, A COLORADO LIMITED LIABILITY COMPANY AS A LIMITED LIABILITY COMPANY. NOTE: ANY STATEMENT OF AUTHORITY MUST BE IN COMPLIANCE WITH THE PROVISIONS OF SECTION 38-30-172, C.R.S. AND BE RECORDED WITH THE CLERK AND RECORDER. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: V50048092-3 The following are the requirements to be complied with: 5. WARRANTY DEED FROM FG VAIL, LTD., A TEXAS LIMITED PARTNERSHIP TO TRIPLE THREAT NLC, LLC, A COLORADO LIMITED LIABILITY COMPANY CONVEYING SUBJECT PROPERTY. 6. DEED OF TRUST FROM TRIPLE THREAT NLC, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF TO SECURE THE SUM OF. NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTIONS WILL BE DELETED FROM THE MORTGAGEE'S POLICY UPON RECEIPT OF A SURVEY AFFIDAVIT. ITEM 4 OF THE STANDARD EXCEPTIONS WILL BE DELETED UPON RECEIPT OF A SATISFACTORY LIEN AFFIDAVIT. FORM 100 WILL BE ATTACHED TO THE MORTGAGEE'S POLICY WHEN ISSUED. NOTE: ALL PARTIES WILL BE REQUIRED TO SIGN THE LIEN AFFIDAVIT AT CLOSING. REQUIREMENTS TO PROVIDE OWNER'S COVERAGE IN THE OWNER'S POLICY TO BE ISSUED A. UPON RECEIPT BY THE COMPANY OF A SATISFACTORY SURVEY AFFIDAVIT AND A SATISFACTORY FINAL AFFIDAVIT AND AGREEMENT FROM THE SELLER AND PROPOSED INSURED, EXCEPTIONS 1 THROUGH 4 OF THE STANDARD EXCEPTIONS WILL BE DELETED. ANY ADVERSE MATTERS DISCLOSED BY THE FINAL AFFIDAVIT AND AGREEMENT WILL BE ADDED AS EXCEPTIONS. B. IF LAND TITLE GUARANTEE CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH, EXCEPTION NO. 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED. C. UPON RECEIPT OF PROOF OF PAYMENT OF ALL PRIOR YEARS' TAXES AND ASSESSMENTS, EXCEPTION NO. 6 OF THE STANDARD EXCEPTIONS WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2016 AND SUBSEQUENT YEARS. NOTE: THE ISSUANCE OF THE POLICIES AND/OR ENDORSEMENTS REFERENCED IN THIS COMMITMENT ARE SUBJECT TO THE APPROVAL OF THE UNDERWRITER OF SAID POLICIES AND/OR ENDORSEMENTS. THIS COMMITMENT MAY BE REVISED AS REQUIRED BY THE UNDERWRITER TO ISSUE THE POLICIES AND/OR ENDORSEMENTS REQUESTED. THIS NOTE WILL BE DELETED UPON THE RECEIPT OF SAID APPROVAL. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: V50048092-3 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923 IN BOOK 93 AT PAGE 98. 9. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF VAIL VILLAGE FIRST FILING RECORDED AUGUST 6, 1962 UNDER RECEPTION NO. 96382. 10. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED AUGUST 10, 1962, IN BOOK 174 AT PAGE 179 AND AS AMENDED IN INSTRUMENT RECORDED APRIL 10, 1981, IN BOOK 321 AT PAGE 423. 11. RIGHT OF WAY EASEMENT GRANTED TO COMMUNITY TELEVISION INVESTMENT, INC., BY INSTRUMENT RECORDED DECEMBER 17, 1968 AS RECEPTION NO. 109770. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: V50048092-3 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 12. RIGHT OF WAY EASEMENT GRANTED TO COMMUNITY TELEVISION INVESTMENT, INC., BY INSTRUMENT RECORDED DECEMBER 17, 1968 UNDER RECEPTION NO. 109777. 13. RIGHT OF WAY EASEMENT GRANTED TO MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY RECORDED NOVEMBER 8, 1974 IN BOOK 237 AT PAGE 284. 14. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS ASSET FORTH IN EASEMENT AGREEMENT RECORDED SEPTEMBER 14, 1977 IN BOOK 259 AT PAGE 714, AND AS AMENDED IN INSTRUMENT RECORDED FEBRUARY 26, 1988 IN BOOK 479 AT PAGE 594. NOTE: ASSIGNMENT AND ACCEPTANCE OF JOINT VENTURE INTEREST RECORDED JULY 27, 1989 IN BOOK 510 AT PAGE 424, AND RECORDED JUNE 04, 1990, UNDER RECEPTION NO. 426770. 15. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN DEED OF PERPETUAL EASEMENT RECORDED JULY 21, 1989 IN BOOK 510 AT PAGE 107. 16. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN HOLY CROSS ENERGY UNDERGROUND RIGHT OF WAY EASEMENTS RECORDED OCTOBER 22, 2010 UNDER RECEPTION NO. 201021409. 17. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN MEMORANDUM OF AMENDMENT AND RESTATEMENT OF HOBASCO POOL JOINT VENTURE AGREEMENT RECORDED JANUARY 25, 2012 UNDER RECEPTION NO. 201201595. 18. IT IS UNDERSTOOD THAT THE PROPERTY ABOVE DESCRIBED IS AN UNDIVIDED INTEREST AND THERE IS EXCEPTED FROM THIS POLICY AND RIGHTS, TITLE OR INTERESTS OF THE OTHER TENANTS IN COMMON; AND INSURER SHALL NEVER BE LIABLE TO REPRESENT THE INSURED OR TO PAY THE COURT COSTS IN ANY LITIGATION FOR PARTITION OR FOR ENFORCEMENT OF ANY OTHER RIGHTS, TITLE OR INTERESTS OF SUCH TENANTS IN COMMON. (AFFECTS PARCEL 3) 19. MATTERS DISCLOSED ON IMPROVEMENT LOCATION CERTIFICATE ISSUED BY INTER -MOUNTAIN ENGINEERING CERTIFIED SEPTEMBER 26, 2016, JOB NO.16-0098. SAID DOCUMENT STORED AS OUR ESI 33632769. LAND TITLE GUARANTEE COMPANY F" DISCLOSURE STATEMENTS Land Tale „tiiu:r rgr: njoie: rursuant to CRS 10-11-122, notice is hereby given that: (A) The Subject real property may be located in a special taxing district. (B) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: (A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (C) The Company must receive an appropriate affidait indemnifying the Company against un -filed mechanic's and material -men's liens. (D) The Company must receive payment of the appropriate premium. (E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. (A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. JOINT NOTICE OF PRIVACY POLICY OF F" LAND TITLE GUARANTEE COMPANY, LandTtle. LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY r'.'+rt,•Tr.rrrMr.nr LAND TITLE INSURANCE CORPORATION AND "ciurrr9r, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: • applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; • your transactions with, or from the services being performed by us, our affiliates, or others; • a consumer reporting agency, if such information is provided to us in connection with your transaction; and • The public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: • We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. • We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. • Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. • We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. * * Commitment to Insure ALTA Commitment - 2006 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. Conditions and Stipulations 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. Standard Exceptions In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1. Rights or claims of parties in possession not shown by the Public records. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 President AMERICAN LAND TITLE ASSOCIATION ALTA COMMITMENT FORM Adopted Copyright 2006- 2017 American Land Title Association. All rights reserved. Old Republic National Title Insurance Company, a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 Mark Bilbrey, President 1 L Rande Yeager, Secretary e� _ - R S _ 3 x�£€a. A i I$3 1 a Y�9 O �a 9 _ d w e , I II I I - �w � NR CD _ JG rq _d / _ 4-1 a IL ¥�—_ ( � � — :. \/ rp 6 ;.j f 3 — � / ® 4� - ' b £ 4 _ 00 C7 � c t%cczw o � 00 M -- U + CD 7j zIn V O c� 00 a U °O o W O w U 00 C7 � c t%cczw o � 00 M -- U + CD 7j zIn V O c� 00 a U °O City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: February 26, 2018 ITEM/TOPIC: A request for the review of an amendment to the approved Solar Vail development plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code, for the construction of employee housing units (EHUs), located at 501 North Frontage Road West / Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard thereto. (PEC18-0002) ATTACHMFKITC- File Name PEC18-0002 Solar Vail Development Plan Staff Memo.pdf Attachment A Solar Vail Vicinity Map.pdf Attachment B Solar Vail Development Plan.pdf Attachment C - Solar Vail Plan Set 1 of 2.pdf Attachment C - Solar Vail Plan Set 2 of 2.pdf Attachment D Applicant Narrative.pdf Attachment E - Parking Management Plan.odf Attachment F Solar Vail Walking Distance Map.pdf Attachment G Solar Vail Taffic Analysis.pdf Description PEC18-0002 Solar Vail Development Plan - Staff Memo PEC18-0002 - Attachment A - Vicinity Map PEC18-0002 - Attachment B - Solar Vail Development Plan PEC18-0002 - Attachment C - Solar Vail Plan Set 1 of 2 PEC18-0002 - Attachment C - Solar Vail Plan Set - 2 of 2 PEC18-0002 - Attachment D - Applicant Narrative PEC18-0002 - Attachment E - Solar Vail Parking Managment Plan PEC18-0002 - Attachment F - Solar Vail Walking Distance Map PEC18-0002 - Attachment G - Solar Vail Traffic Analysis WA►1A119 Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 26, 2018 SUBJECT: A request for the review of an amendment to an Approved Development Plan, pursuant to Section 12-61-11 E, Development Plan Required, Amendment Process, Vail Town Code, for amendments to the Solar Vail Development Plan (PEC18-0002) with the following associated requests: (1) A request for the review of a variance from Section Town Code, in accordance to Title 12, Chapter 17, reduction in the garage door width, and (2) A request for the review of a variance from Section Town Code, in accordance to Title 12, Chapter 17, reduction in the drive aisle width. (PEC18-0003) Legal Description Address: Applicant: Planner: I. SUMMARY 14-5-1, Minimum Standards, Vail Variances, to allow for a 14-5-1, Minimum Standards, Vail Variances, to allow for a Lot 8, Block 2, Vail Potato Patch Filing 1 501 N. Frontage Road Sonnenalp Properties, Inc. represented by GPSL Architects Chris Neubecker Sonnenalp Properties, Inc., the owner of the Solar Vail building at 501 N. Frontage Road West, proposes to amend the Approved Development Plan (PEC17-0046) for the construction of the Solar Vail employee housing development. The amendments to the development plan are required as a result of the changes in gross residential floor area (GRFA) and the driveway design to accommodate emergency vehicles. Amendments to the plan include: • A reduction in maximum building height by 3 feet • An increase of GRFA by up to 383 square feet • The realignment of the driveway to allow access for fire trucks and trash trucks through the adjacent Red Sandstone Elementary School site • The addition of an access control gate at the west end of the driveway on the adjacent Red Sandstone Elementary School site • A change in the location of 3 parking spaces • A reduction in the width of the east parking area garage door to 12' • Reduction in the width of the east parking drive aisle to 14' As a result of the change to the drive aisle and garage door widths, the applicant is requesting variances for the width of one garage door and for a reduced drive aisle width at the parking garage entrance. DESCRIPTION OF REQUEST The applicant, Sonnenalp Properties, Inc. is requesting approval of an amendment to an Approved Development Plan, which will include 65 deed -restricted employee housing units, 34 vehicle parking spaces (28 enclosed and 6 surface spaces), and 1,565 square feet of professional office space for management of the applicant's on-site and off-site employee housing units. Key amendments to the Approved Development Plan include: • Increase in GRFA of up to 383 square feet • Increase professional office space by up to 40 square feet • A reduction in the building height from 62' to 59' maximum • Revision to the driveway design to allow fire truck and trash truck assess to the site through the Red Sandstone Elementary School, with access controlled by a gate • Additional landscaping planting and materials at the east and west sides of the building. In addition to the proposed amendments to the development plan, the applicant is requesting approval of a variance from Section 14-5-1, Minimum Standards, Vail Town Code. The variances, if approved, allow for a narrower garage door and a reduced drive aisle width that will allow the applicant to maintain 34 on-site parking spaces. Without the variances, the number of parking spaces would likely be reduced. III. BACKGROUND The subject property was annexed into the Town of Vail by Ordinance No. 8, Series of 1969, which became effective on August 23, 1969. The Solar Vail building was initially developed as employee housing in 1978 and serves as off-site housing for employee of the Sonnenalp Hotel, which is also owned by the applicant. On November 13, 2017, the applicant received approval from the Planning and Environmental Commission for a housing development plan for this site (PEC17-0046) to allow for redevelopment of the existing building. The approved development plan included 65 new deed - restricted employee housing units (EHUs) and approximately 1,525 square feet of office space for management of the applicant's on-site and off-site employee housing units. Since the approval of the development plan, the applicant has received construction bids for systems -built construction, but due to the expense of this construction method, and the time delay for the modules, the applicant has proposed to change the construction method to stick -built construction. Since there will now be less space between walls as a result of a change in construction methods, the building will increase slightly in GRFA, and will result in a minor increase in professional office space. Also, the applicant has proposed a new driveway design that eliminates the need for an emergency vehicle turn -around, which would have resulted in excessive site disturbance. The applicant has worked closely with the Town of Vail and the Red Sandstone Elementary School on the new design that allows for fire truck and trash truck access from the west through the lower portion of the Red Sandstone Elementary School site. The Eagle County School District and Vail Town Council have authorized this new driveway design to move forward through the development review process. IV. APPLICABLE PLANNING DOCUMENTS Title 12, Zoning Regulations, Vail Town Code (in part) ARTICLE I — Housing District 12-61-1: PURPOSE: The housing district is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. It is necessary in this zone district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The housing district is intended to ensure that employee housing permitted in the zone district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. (Ord. 29(2005) § 23: Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-61-2: PERMITTED USES: (in part) The following uses shall be permitted in the H district: Communications antennas and appurtenant equipment. Employee housing units, as further regulated by chapter 13 of this title. 12-6/-3: CONDITIONAL USES: (in part) The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: Business offices and professional offices, as further regulated by section 12-16-7 of this title. Public utilities installations including transmission lines and appurtenant equipment. (Ord. 12(2008) § 10) 12-6/-5: SETBACKS: The setbacks in this district shall be twenty feet (20) from the perimeter of the zone district. At the discretion of the planning and environmental commission, variations to the setback standards may be approved during the review of a development plan subject to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. B. Proposed building setbacks will provide adequate availability of light, air and open space. C. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. D. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. Variations to the twenty foot (20) setback shall not be allowed on property lines adjacent to HR, SFR, R, PS, and RC zoned properties, unless a variance is approved by the planning and environmental commission pursuant to chapter 17 of this title. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-6/-6: SITE COVERAGE: Site coverage shall not exceed fifty five percent (55%) of the total site area. At the discretion of the planning and environmental commission, site coverage may be increased if seventy five percent (75%) of the required parking spaces are underground or enclosed, thus reducing the impacts of surface paving provided within a development, and that the minimum landscape area requirement is met. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-61-7: LANDSCAPING AND SITE DEVELOPMENT. At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15) with a minimum area not less than three hundred (300) square feet. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-6/-8: PARKING AND LOADING: Off street parking shall be provided in accordance with chapter 10 of this title. No parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-6/-9: LOCATION OF BUSINESS ACTIVITY. A. Limitation; Exception: All conditional uses in section 12-61-3 of this article shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. B. Outdoor Display Areas: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. (Ord. 19(200 1) § 2: Ord. 3(200 1) § 2) 12-61-10: OTHER DEVELOPMENT STANDARDS: A. Prescribed By Planning And Environmental Commission: In the H district, development standards in each of the following categories shall be as proposed by the applicant, as prescribed by the planning and environmental commission, and as adopted on the approved development plan: 1. Lot area and site dimensions. 2. Building height. 3. Density control (including gross residential floor area). (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-61-11: DEVELOPMENT PLAN REQUIRED: A. Compatibility With Intent: To ensure the unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development in the housing district will meet the intent of the zone district, an approved development plan shall be required. B. Plan Process And Procedures: The proposed development plan shall be in accordance with section 12-61-12 of this article and shall be submitted by the developer to the administrator, who shall refer it to the planning and environmental commission, which shall consider the plan at a regularly scheduled meeting. C. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12-3-6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12-3-3 of this title. D. Plan As Guide: The approved development plan shall be used as the principal guide for all development within the housing district. E. Amendment Process: Amendments to the approved development plan will be considered in accordance with the provisions of section 12-9A-10 of this title. F. Design Review Board Approval Required: The development plan and any subsequent amendments thereto shall require the approval of the design review board in accordance with the applicable provisions of chapter 11 of this title prior to the commencement of site preparation. (Ord. 29(2005) § 23: Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-61-12: DEVELOPMENT PLAN CONTENTS: The administrator shall establish the submittal requirements for a development plan application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. (Ord. 29(2005) § 23: Ord. 5(2003) § 3: Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-61-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION: The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria. A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. B. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and, when possible, are integrated with existing open space and recreation areas. D. A pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. E. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. F. Compliance with the Vail comprehensive plan and other applicable plans. (Ord. 29(2005) § 23: Ord. 19(2001) § 2: Ord. 3(2001) § 2) CHAPTER 21 — Hazard Regulations 12-21-10: DEVELOPMENT RESTRICTED: A. No structure shall be built in any flood hazard zone or red avalanche hazard area. No structure shall be built on a slope of forty percent (40%) or greater except in single-family residential, two-family residential, or two-family primary/secondary residential zone districts. The term "structure" as used in this section does not include recreational structures that are intended for seasonal use, not including residential use. 12-21-14: RIGHT OF APPEAL: Nothing in this chapter shall be deemed to deny any interested person his/her rights to appeal the decision of the administrator in accordance with section 12-3-3 of this title. In addition, nothing in this chapter shall be deemed to deny any interested person his/her rights to seek a variance from the requirements of this chapter. Variances shall be governed by the provisions of chapter 17 of this title. Vail Comprehensive Plan (in part) Vail 20/20 Focus on the Future — Strategic Action Plan (in part) - The Vail 20/20 Strategic Action Plan is a visioning document that begins with a set of values that outline what is truly important to the community. The plan outlines goals for land use and development, parks and recreation, environment, housing, transportation, economy, community and public safety topics, including specific vision statements, long-term goals, and actions and strategies over the next 5 years to achieve those goals. LAND USE Goal #4: Provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. • Address the zoning regulations to provide more incentives for developers to build employee housing units. • Use employee housing fund for buy -downs and other programs that will increase the number of employees living within the town. ENVIRONMENTAL SUSTAINABILITY Goal #2: Energy Management in Buildings and Transportation: Reduce the town's 2007 baseline green house gas emissions. • Support employee housing initiatives in order to reduce trips into Vail. HOUSING Goal: The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. • Conduct inventory of all sites with development potential and pursue opportunities for acquiring undeveloped or underdeveloped properties. • Update the Vail Land Use Plan and identify more areas for employee housing. • Research parking requirements for employee housing and consider reducing requirements for employee housing developments. • Expand the number of employee beds in the Town of Vail ECONOMY Goal #3: Maintain a town -wide workforce in which at least 30 percent of people who work in Vail also live in Vail. • Support the local economy by working with the business community to address future workforce housing needs as they relate to business in Vail. Vail Land Use Plan (in part) — The Land Use Plan is not intended to be regulatory in nature but is intended to provide a general framework to guide decision making. One specific measure used to implement the recommendations of the Land Use Plan includes amendments to the Official Zoning Map. Other measures include changes to ordinances and regulations or policies adopted by the Town. Chapter 11- Land Use Plan Goals / Policies (in part) 1. General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 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. 5.3. Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. 5.5. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Vail Housing 2027 — A Strategic Plan for Maintaining and Sustaining Community through the Creation and Support of Resident Housing in Vail — The purpose of this plan is to guide the Town and the community to take proactive steps to address the housing needs in Vail, and to act as a strategic planning document to guide decision making for resident housing in Vail. Ten Year Goal: "The Town of Vail will acquire 1, 000 additional resident housing unit deed restrictions by the year 2027. " Vision: We envision Vail as a diverse, resilient, inclusive, vibrant and sustainable mountain resort community where year-round residents are afforded the opportunity to live and thrive. We take a holistic approach to maintaining community, with continuous improvement to our social, environmental, and economic well being. We create housing solutions by recognizing and capitalizing on our unique position as North America's premier international mountain resort community in order to provide the highest quality of service to our guests, attract citizens of excellence and foster their ability to live, work, and play in Vail throughout their lives. Our strategic solutions and actions result in the retention of existing homes, creation of new and diverse housing infrastructure, and collaboration with community partners. For Vail, no problem is insurmountable. With a consistent, community -driven purpose and an entrepreneurial spirit, Vail will lead the industry in innovative housing solutions for the 21st century. The Town is well positioned financially to undertake this significant challenge. Mission: Maintaining and Sustaining Community "We create, provide, and retain high quality, affordable, and diverse housing opportunities for Vail residents to support a sustainable year round economy and build a vibrant, inclusive and resilient community. We do this through acquiring deed restrictions on homes so that our residents have a place to live in Vail." V Policy Statement - Resident Housing as Infrastructure "We acknowledge that the acquisition of deed restrictions on homes for Vail residents is critical to maintaining community. Therefore, we ensure an adequate supply and availability of homes for residents and recognize housing as infrastructure in the Town of Vail; a community support system not unlike roads, bridges, water and sewer systems, fire, police, and other services of the municipal government." 2009 Environmental Sustainability Strategic Plan — The purpose of this plan is to define a strategy that consists of measurable goals, objectives, and actions that will help the Town coordinate efforts to achieve the environmental vision of the community. Goal #6 — Transportation — Reduce the environmental impact of transportation by supporting efforts within the Eagle Valley to decrease total Vehicle Miles Traveled (VMT) by commuters and guests by 20% by 2020. ZONING ANALYSIS Address: Legal Description: Lot Size: Buildable Area: Existing Zoning: Land Use Designation: Mapped Geological Hazards 501 N. Frontage Road Vail Potato Patch Filing 1, Block 2, Lot 8 1.0 acre (43,560 sq. ft.) 0.51 acres / (22,259 sq. ft.) Housing (H) District Medium Density Residential Medium Severity Rockfall *Please see Section VII below for an analysis and discussion of these development standards. Development Required by Town November 13, Proposed Notes Standard Code 2017 Approval Lot Size Prescribed by PEC 1.0 acre or 1.0 acre or 43,560 No change 43,560 sq. ft. sq. ft. Minimum 20' feet from the North: 75' North: North: 75' South: +4' Setbacks perimeter of the South: 32' South: 36' (+4') West: +1.9' zone district, or as East: 18' East: No change approved by PEC West: 6' West: 7.9' (+1.9') Maximum Prescribed by PEC Sloped Roof: Proposed: 59' -3' Height 62' maximum Maximum Prescribed by PEC 65 units (127 65 units No change Dwelling du/buildable units/acre acre) GRFA Prescribed by PEC 38,000 sq. ft. 38,383 sq. ft. Up to + 383 sq. ft. Site coverage 23,958 sq. ft. or 13,208 sq. ft. or 13,947 sq. ft. or Up to +739 sq. maximum 55% 30.3% 32% ft. Development Required by Town November 13, Proposed Notes Standard Code 2017 Approval Commercial / None 1,525 sq. ft. 1,565 sq. ft. Up to +40 sq. ft. Office Minimum 13,068 sq. ft. or 19,291 sq. ft. or 20,394 sq. ft. Up to +1,103 Landscaping 30% 44.2% 46.8% sq. ft. Parking 113 spaces 34 spaces 34 spaces See discussion on parking 26 enclosed management 8 surface plan VI. SURROUNDING LAND USES AND ZONING Existing Land Use Zoning District North: Open Space Natural Area Preservation (NAP) South: 1-70 Right-of-way None East: Open Space Natural Area Preservation (NAP) West: Public /Semi -Public General Use (GU) VII. ANALYSIS OF PRESCRIBED STANDARDS AND PARKING PROGRAM The Housing (H) district requires that the applicant propose and the PEC prescribe, as depicted on an approved development plan, the development standards in the following categories upon review of the applicant's proposal: 1. Lot area and site dimensions (No change) 2. Building height (Reduced by 3') 3. Density control (including gross residential floor area) (Unit count unchanged, GRFA increased) Lot Area and Site Dimensions No change is proposed in lot area or site dimensions. The Solar Vail Development Plan proposes a minimum lot area of 1.0 acres (43,560 sq. ft.). This is the size of the existing Solar Vail property. Building Height The building height is proposed to be reduced by three (3) feet. The maximum allowable building height with the Solar Vail Development shall be as demonstrated on the approved development plan, which is now proposed at 59', reduced from 62'. As a result, the proposed maximum building height for the development plan is 59' for a sloping roof. Staff Analysis -The Solar Vail development's proposed maximum overall height of 59' is a result of the change in the construction method, and a reduced floor to ceiling dimension. The Community Development Department finds the proposed maximum height of 59' to be consistent with the intent of the Housing (H) district and sensitive to adjacent properties and their respective uses. Density Control No change is proposed in the number of employee housing units. A total density of 127 dwelling units per acre of buildable area is proposed for the Project. (65 units / 0.51 acres = 127.45 units) Gross Residential Floor Area (GRFA) is proposed to increase by 383 square feet. A total of up to 38,383 square feet of Gross Residential Floor Area (GRFA) is proposed for the Project. This increase is a result of the change in construction methods, and reduced space between unit walls, which slightly increases the GRFA. Staff Analysis- The density of 65 dwelling units (127 du/ buildable acre) is proposed to remain unchanged. The proposed GRFA maximum of 38,383 square feet equals 170 square feet of gross residential floor area (GRFA) permitted for each one hundred (100) square feet of buildable site area. The increase in GRFA will not be perceptible from the approved GRFA of 38,000. Moreover, the increase in GRFA is a direct result in the change in construction means and methods from systems -built to on site stick -built construction. The Community Development Department finds the proposed density and GRFA to be consistent with the intent of the Housing (H) district and appropriate for the subject parcel. Parking Program No change is proposed in the number of parking spaces. The layout of the parking has changed in response to the new driveway design which is partly in the area of previous outdoor parking spaces. The Vail Town Code requires 1.5 off street parking spaces for each multiple -family dwelling unit with GRFA of 500 square feet or less, and 2 parking spaces for dwelling units with GRFA between 500 and 2,000 square feet. Each of the 65 residential units proposed are in one of these two categories. In addition, the parking requirement for professional offices is 1 space per 250 square feet of net floor area. The required parking is as follows: Use Type Count Parking Rate Spaces Required Studio 43 1.5 per unit 64.5 One -Bedroom 13 2 per unit 26 Two -Bedroom 6 2 per unit 12 Three -Bedroom 3 2 per unit 6 Professional Office 1,565 sq. ft. 1/250 sq. ft. 6.3 TOTAL 114.8 spaces PARKING PROPOSED 34 spaces (No change) The proposed development includes 34 parking spaces. The applicant believes that the proposed parking will be sufficient based on a number of factors, including: • Actual parking demand history at the current Solar Vail property • Proximity to Lionshead (7 minute walk to Gondola) and to Vail Village (16 minutes to the Sonnenalp Hotel) • Good transit options (bus stop 500 feet away, served by the Town of Vail Red, Green and Sandstone routes, plus the ECO bus westbound) • Opposite peak parking times for the professional office and residential uses • A bike share program for resident use, plus on-site bicycle storage • Alternative housing options (owned by the applicant) for employees with vehicles • Although not currently proposed by the applicant, an addition in the deed restriction and/or residential lease limiting the number of vehicles per unit could be effective. Staff Analysis- The applicant proposes thirty-four (34) parking spaces, including nine (9) compacts spaces. Twenty-eight (28) spaces are enclosed or under the building, and six (6) spaces are uncovered surface spaces. This reduced parking is possible due to the central location of the property, excellent walking access to Lionshead (7 minutes to the gondola via the pedestrian overpass) and Vail Village (16 minute walk to Sonnenalp Hotel), excellent access to the Town of Vail free bus system and ECO bus (2 minute walk). In addition, the applicant proposes to provide a bike share program to allow tenants another transportation option. The applicant will also be able to give leasing preference to tenants that do not own a vehicle. The Community Development Department finds that the proposed parking management plan will reduce the demand for on-site parking, and that alternative transportation options, including walking, transit, and bicycles, will address the transportation needs of residents. VIII. REVIEW CRITERIA— HOUSING DEVELOPMENT PLAN According to Section 12-61-13, Development Standards/Criteria for Evaluation, Vail Town Code, the following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria. A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. No significant changes are proposed to the architecture, character, or orientation of the building from the approved development plan. The Solar Vail building is proposed in the same location as the existing building. The proposed building is lower in height than the previously approved plan. While the GRFA will increase very slightly, the scale and massing of the building is proposed to be reduced. Staff finds the proposed development plan meets this review criterion. B. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. No changes are proposed to the uses or improvements on the site, other than the driveway which is addressed in paragraph D below. The building, improvements, uses and activities remain functional and responsive to the site, the surrounding neighborhood and the community as a whole. The proposed use of the site, with 100% of the residential units developed as deed restricted employee housing, is consistent with the intended use of the site and the development objectives of the Town of Vail. The provision of EHUs is further supported by adopted community policies, plans and goals. The proposed site plan will reduce site grading, and will re -use the existing retaining walls on the south side, and will reduce the need for excessive retaining walls for a truck turn -around. Existing vegetation on the south side of the building will also be preserved. Staff finds the proposed development plan meets this review criterion. C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and, when possible, are integrated with existing open space and recreation areas. The most significant changes to the landscaping plan includes additional landscaping based on feedback from the Design Review Board, and removal of some existing trees to accommodate the proposed truck access on the west side of the site. The applicant obtained permission from the Vail Town Council to move forward with an application that uses Town of Vail owned land to the east and west of the Solar Vail site for additional landscaping. Additional landscaping is proposed between the new building and the driveway at Red Sandstone Elementary School (west), as well as along the retaining walls at the main driveway entrance on Tract A (east). Existing trees on the south side of the building, between the driveway and N. Frontage Road, will be preserved. These trees will help to provide functional screening of the development when viewed from the south. Similar to the approved development plan, functional open space on the property is limited due to the steep slope at the rear of the building, and limited opportunities for on-site outdoor recreation areas. Because the adjacent property to the east and north is open space, there will be adequate buffering between the proposed uses and surrounding properties. Staff finds the proposed development plan meets this review criterion. D. A pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. The primary change to the circulation relates to the new 12 foot wide snow -melted driveway to the west of the building, accessed from the Red Sandstone Elementary School site and owned by the Town of Vail. In order to provide the necessary movements for fire trucks and trash trucks, access to the site for these trucks only is proposed from the west. Fire trucks and trash trucks will drive up the new one-way (counter -clockwise) school driveway and enter the Solar Vail site from the west. These trucks will exit through the main Solar Vail driveway at the east side of the site. The applicant has obtained permission from the Vail Town Council and the Eagle County School District for this limited access. All other vehicles entering the site will use the main driveway from the east. Access from the Red Sandstone Elementary School site will be controlled with a gate. No significant changes are proposed to the pedestrian circulation system. A pedestrian circulation system has been designed to include a sidewalk along the access driveway, as well as two sidewalks proposed at the west side of the building to connect to the bus stop at the Red Sandstone Elementary School. These sidewalks will provide for safe pedestrian connections to the existing sidewalk along the N. Frontage Road, and to the existing pedestrian bridge to Lionshead. Staff finds the proposed development plan meets this review criterion. E. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. No significant environmental impacts were identified on the property as a result of the applicant's proposal. The need for an environmental impact report was waived during the 2008 and 2017 reviews of this application. The Community Development Department does not believe that an environmental impact report is necessary for this application. Staff finds the proposed development plan meets this review criterion F. Compliance with the Vail comprehensive plan and other applicable plans. The Solar Vail Development Plan is in compliance with the Vail Comprehensive Plan and advances the employee housing goals objectives of the Town. The development of employee housing units is supported by the Vail Housing 2027 Strategic Plan, the Town of Vail Economic Development Plan, and the Environmental Strategic Plan, and furthers the actions/strategies outlined with the Vail 20/20 Strategic Plan. The proposed private development of deed restricted EHUs will help advance the Town's goals of obtaining 1,000 new employee housing deed restrictions over the next 10 years. By developing more EHUs within Town, total vehicle miles traveled from workers commuting into Vail can be reduced, helping to reduce the Town's green house gas emissions. This development will upgrade the existing employee housing base. Also, this infill project will allow the community to grow in a controlled environment in an existing developed area. Staff finds the proposed development plan meets this review criterion. IX. REVIEW CRITERIA — VARIANCES The applicant has requested a variance from section 14-5-1, Minimum Standards, Table 5, Parking Lot Design Standards, Vail Town Code, for the eastern garage door opening to be less than 20' in width for a two-way drive aisle, and a drive aisle less than 22' wide for an area with no parking. The proposed changes would allow for the relocation of on-site parking spaces removed for the new fire truck and trash truck access driveway. Below are the relevant code sections pertaining to these variance requests. CHAPTER 12-17: VARIANCES (in part) 12-17-1: Purpose: A. Reasons for Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity, or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. B. Development Standards Excepted: Variances may be granted only with respect to the development standards prescribed for each zone district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements; or with respect to the provisions of chapter 11 of this title, governing physical development on a site. 14-5-1: MINIMUM STANDARDS: This section (table 5) specifies the parking lot standards for all uses excluding residential uses under three (3) units and including, but not limited to, commercial, retail, office, restaurant, institutional, hotel, accommodation, and multiple -family development. These standards are subject to all conditions and exceptions described herein. These standards shall be considered the minimum standards. When two (2) or more standards conflict the more restrictive standard shall apply. TABLE 5 PARKING LOT DESIGN STANDARDS Minimum One- Minimum Two - Angle Of Way Drive Way Drive Minimum Parking Stall Parking Space jAisle Aisle Size And Clearance 00 (parallel) 12' 22' 19'x 24' 45° 14' 22' 19'x 19' surface 9' x 18' enclosed 8'x 16' compact (up to 25% of required parking in lots with more than 15 parking spaces and clearly marked ,as such) 7'h eight clearance for enclosed F -parking 24' 9' x 19' surface 19'x 18' enclosed 8'x 16' compact (up to 25% of 600 16' required parking in lots with more than 15 parking spaces and clearly marked as such) F- 7' height clearance for enclosed parking 750 19' 124' 19'x 19' surface 19'x 18' enclosed 8' x 16' compact (up to 25% of required parking in lots with more than 15 parking spaces and clearly marked las such) r 7' height clearance for enclosed parking 900 24' 24' 9' x 19' surface 9'x 18' enclosed 18'x 16' compact (up to 25% of required parking in lots with more than 15 parking spaces and clearly marked gas such) 7' height clearance for enclosed F- ,parking Crossover drive 17' 30' ff aisle Drive aisle with 12' 22' ff no parking Minimum 12' 20' n/a opening for a parking structure entrance Following are the review criteria for variances prescribed in Chapter 12-17, Variances, Vail Town Code: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff finds that allowing the reduced opening size for one of the eastern parking garage entrance will only affect the users of this property, and will have no impact on other existing or potential uses or structures in the vicinity. The Community Development Department finds the proposed variance conforms to this criterion. 2. The degree to which relief from the strict and 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 a grant of special privilege. Staff finds the proposed relief from the drive aisle and garage door width regulations is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity and to attain the objectives of this title without a grant of special privilege. The design of the garage and the limited footprint of the building are based in part on the steeps slopes on the rear of the building and the existing platted easements in the front of the property, which limit the area where the building can be effectively located. If not for these existing conditions, the building footprint could be spread out, and the parking garages could be enlarged to accommodate a wider drive aisle and garage door opening. The Community Development Department finds the proposed variance conforms to 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. The requested variance will have no impact on light and air, distribution of population, public facilities or utilities. Minor impacts are possible on the transportation and traffic facilities or public safety if one driver is attempting to enter the garage at the same time that another is attempting to exit. However, with only 12 parking spaces in the east garage, the odds of this happening are low, and if it happens one of the drivers, relying upon common sense, will need to yield the right-of-way to accommodate the other. Staff has asked the applicant to provide a stamped letter from a civil engineer showing that the proposed garage design is acceptable and offering any suggested remediation. As of the writing of this memo, the engineer's letter has not been provided. Submission of the stamped letter from a civil engineer addressing the garage design has been made a condition of approval. The Community Development Department finds the proposed variance may work, however we ask that the applicant provide assurance from their engineer on the functionality and safety of this design, which has been made a condition of approval. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. XI. STAFF RECOMMENDATIONS The Community Development Department recommends the Town of Vail Planning and Environmental Commission, approves with conditions, the applicant's' request for an amendment to the Development Plan pursuant to section 12-61-11, Development Plan Required, Housing (H) District, Vail Town Code, to allow for the future development of Employee Housing Units on the Solar Vail Parcel located at 501 N. Frontage Road, Lot 8, Block 2, Vail Potato Patch Filing 1, and approval of two (2) variances from Section 14-5-1, Minimum Standards, to allow for a reduction in the garage door width and to allow for a reduction in the drive aisle width, and setting forth details in regard thereto (PEC18-0002 and PEC18-0003). Staff's recommendation is based upon the review of the criteria and findings outlined in Section VIII of this memorandum and the evidence and testimony presented before the Commission. Motion: Development Plan Amendment - Approval (PEC18-0002) Should the Planning and Environmental Commission choose to approve this request; the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with condition(s), the applicants' request for an amendment to the Solar Vail Development Plan, pursuant to section 12-61-11, Development Plan Required, Housing Zone District, Vail Town Code, to allow for the future development of Employee Housing Units on the Solar Vail Parcel located at 501 N. Frontage Road West, Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard thereto (PEC 18-0002). " Conditions: 1. Approval of this amended development plan is contingent upon the applicant obtaining Town of Vail approval of an associated Design Review Board application. 2. The Applicant shall obtain an access agreement from the Town of Vail, in a form acceptable to the Town Attorney, for any and all driveway improvements on, over or across Town owned Tract A, Middle Creek Subdivision and across Town owned Vail Potato Patch, Block 2, Lot 8. Such agreements shall be executed prior to issuance of a building permit. 3. Concurrent with the submission of a building permit application, the applicant shall submit a site specific geological investigation, in accordance with Section 12-21- 13, Vail Town Code, for any proposed development within a mapped Rockfall Hazard Area. The applicant shall be responsible for any changes to the building permit plans required by the professional geologist or registered professional engineer who prepared the report. 4. Prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy for the building, the applicant shall legally execute and record with the Eagle County Clerk and Recorder the Town of Vail Type VI employee housing unit covenant for all sixty-five (65) residential units within the building. 5. Prior to issuance of a building permit, the applicant shall exchange eleven (11) existing deed restrictions on the property to other locations in the Town, though the Employee Housing Unit Deed Restriction Exchange Program, Section 12-13-5 Vail Town Code. 6. Prior to issuance of a building permit, the Applicant shall submit a stamped letter from the Applicant's civil engineer showing that the proposed garage design, reduced garage door width, and reduced drive aisle width is acceptable and offering any suggested remediation. Should the Town of Vail Planning and Environmental Commission choose to approve with condition(s) the development plan, the Community Development Department recommends the Commission makes the following findings: "Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. 2. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. 3. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and are integrated with existing open space and recreation areas. 4. The proposed pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. 5. An Environmental Impacts Report is waived for this project. 6. The project is in compliance with the Vail comprehensive plan and other applicable plans. " Motion: Variance Approval (PEC18-0003) Should the Planning and Environmental Commission choose to approve the variances for the garage door and drive aisle width, the Community Development Department recommends the Commission makes the following motion: "The Planning and Environmental Commission approves variances pursuant to Title 12, Chapter 17, Variances, Vail Town Code, to allow for a variance from Section 14-5-1, Minimum Standards, Table 5, Parking Lot Design Standards, to allow for a reduction in the garage door width and drive aisle width for the Solar Vail development located at 501 N. Frontage Road West/Lot 8, Block 2, Vail Potato Patch Filing 1. (PEC 18- 0003) " Should the Planning and Environmental Commission choose to approve these variance requests, the Community Development Department recommends the Commission makes the following findings: "Based upon a review of Section IX of the February 26, 2018 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The granting of these variances will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Housing (H) District. 2. The granting of these variances will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. These variances are warranted for the following reasons: b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone district. X11. ATTACHMENTS A. Vicinity Map B. Solar Vail Development Plan, dated January 30, 2018 C. Solar Vail Plan Set, dated January 30, 2018 D. Applicant Narrative, dated January 8, 2018 E. Solar Vail Parking Management Plan, dated October 25, 2017 F. Solar Vail Walking Distance Map G. Solar Vail Traffic Analysis, dated February 14, 2018 ATTACHMENT B - SOLAR VAIL DEVELOPMENT PLAN Solar Vail Approved Development Plan Lot 8, Block 2, Vail Potato Patch Filing 1 Adopted by the Town of Vail Planning and Environmental Commission Original Approval: November 13, 2017 (PEC17-0046) Amended: February 26, 2018 (PEC18-0002) (Note: Language proposed for removal from the November 13, 2017 plan is shown in strikethre6igI4. New language added February 26, 2018 is shown in bold underline.) Table of Contents I. Statement of Intent II. Approved Development Plan III. General Information IV. Definitions V. Development Standards A. Permitted Uses B. Conditional Uses C. Accessory Uses D. Setbacks E. Site Coverage F. Landscaping and Site Development G. Parking and Loading H. Additional Development Standards VI. Open Space/Recreation VII. Conditions of Approval VIII. Development Timing IX. Amendment Procedures X. Exhibits Statement of Intent The purpose of the Solar Vail Approved Development Plan is to facilitate the redevelopment of the Solar Vail property located at 501 N. Frontage Road West Lot 8, Block 2, Vail Potato Patch Filing 1, in Vail, Colorado. It shall be the intent of this Approved Development Plan to develop 65 for -rent, deed -restricted employee housing units in a mix of studio, one -bedroom, two- bedroom, and three-bedroom apartments geared primarily towards employees at the Sonnenalp Hotel (also owned by the owner/developer of Solar Vail) but which may also be offered for rent to other qualified employees consistent with terms of the recorded deed restriction. The property will also contain professional offices for management of the on-site and off-site employee housing units. The Approved Development Plan is intended to provide for redevelopment of the site in approximately the same location as the existing Solar Vail building (built from 1976-1978), on the flatter portions of the site and to avoid, to a great extent, development on steeper slopes to the north. However, a small portion of the development will be on a steep portion of the site, which contains slopes of 40% or greater. Variances have been obtained for development on the steeper parts of the site (PEC17-0051). The development of the property will respect existing landscaping on the south side of the property, which will be preserved to help screen the development when viewed from the public right -of way. #At2� Redevelopment of the Solar Vail Parcel is intended to achieve and advance the following goals: Solar Vail Development Goals o Develop 65 new employee housing units �-G.R6rt�cttrhEa hiiilr!inn WheR the it Cn-Rkm Rccvcri i6 GIG)Sea, bctWeenApril 20 -Tv and! feleyemhor 'xQI s- • Deliver desirable and diverse types of housing products to meet the needs of the Sonnenalp Hotel employees and other employees within the Town of Vail o Utilize alternate modes of transportation to minimize the need for on-site parking and lessen the reliance upon private owner vehicles o Provide professional office space for the management of the Solar Vail employee housing units, and other employee housing units owned by Sonnenalp Properties or associated with the Sonnenalp Hotel o Build responsibly given the existing site configuration and topography of the site The Approved Development Plan shall remain in effect for the life of the development, and may be amended from time to time, upon review and approval by the Town of Vail, as part of an established amendment procedure as outlined in Section 12-61-11 E of the Zoning Regulations of the Vail Town Code. 3 Approved Development Plan This Approved Development Plan has been prepared in accordance with the provisions of Section 12-61-11 of the Zoning Regulations of the Town of Vail. To ensure unified development, protection of the natural environment, compatibility with the surrounding area and that development on the Solar Parcel meets the intent and development objectives of the Town of Vail, an approved development plan shall be required. The Solar Vail Approved Development Plan shall include this document and the attached Development Plan Set, dated^,�erx.be.r R- 1 2-917. (PEG 7- 9946) January 30, 2018 (PEC18-0002). III. General Information Solar Vail is to be developed to meet the growing demand for rental, deed restricted employee housing in Vail. To that end, a mix of housing product types that are desirable in the eyes of prospective tenants and financially feasible for the developer is the intended outcome of the Solar Vail development. Once adopted, an approved development plan, along with any applicable land use regulations contained in the Town's Zoning Regulations, become the principal governing documents for land use and dimensional requirements and limitations on the property. The development plan shall remain in effect for the life of the development, and may be amended from time to time, as deemed appropriate, as part of an established development review process. The Town of Vail Zoning Regulations, in effect at the time of adoption, shall prevail in the event that the Approved Development Plan is silent on a particular issue. In the event that the Approved Development Plan is in conflict with Town of Vail Zoning Regulations, the Approved Development Plan shall prevail. IV. Definitions Approved Development Plan: The set of development plans approved by the Town of Vail Planning and Environmental Commission on Nlevember 13, 2017- February 26, 2018 entitling development on the Solar Vail Parcel. Solar Vail Parcel: The parcel of land legally described as Lot 8, Block 2, Vail Potato Patch Filing 1, Town of Vail, County of Eagle, State of Colorado. Applicant: Sonnenalp Properties, Inc., and their representatives, heirs, successors and assigns. V. Development Standards According to the Official Zoning Map of the Town of Vail, the Solar Vail Parcel is zoned Housing (H) District. Development on the Solar Vail Parcel shall be governed by the following development standards: A. PERMITTED USES: Permitted uses for the Solar Vail Parcel shall be those uses identified in Section 12-61-2: Permitted Uses, Vail Town Code. 0 B. CONDITIONAL USES: Conditional uses for the Solar Vail Parcel shall be those uses identified in Section 12-61- 3: Conditional Uses, Vail Town Code. (PEC17-0050) C. ACCESSORY USES: Accessory uses for the Solar Vail Parcel shall be those uses identified in Section 12-61- 4: Accessory Uses, Vail Town Code. D. SETBACKS: Setbacks for the Solar Vail Parcel shall be as shown on the Approved Development Plan. E. SITE COVERAGE: Site Coverage for the Solar Vail Parcel shall be 13;2013,947 square feet or 28-3°4 32% as shown on the Approved Development Plan. F. LANDSCAPING AND SITE DEVELOPMENT: Minimum landscaping for the Solar Vail Parcel shall be 19,291 20,394 square feet or 44 204 46.8% as shown on the approved development plan. G. PARKING AND LOADING: Off street parking and loading shall 34 parking spaces as shown on the Approved Development Plan. The Solar Vail Development Plan provides fewer parking spaces than required by the Vail Town Code. As part of this Approved Development Plan, a modification to the number of required spaces is approved, as described in the Solar Vail Parking Management Plan, dated QGtGbor 25 2917- January 30, 2018. The approved parking for the Solar Vail Development Plan is illustrated on chop+� o5n1 and A202, Sheet A201, GPSL Architects, P.C. dated Nlevember R- 2017- January 30, 2018, and included in the development plan. A variance (PEC17-0051) for the dimensions of the loading berth has also been approved as part of the review of this development plan. H. ADDITIONAL DEVELOPMENT STANDARDS: In the Housing (H) District, development standards in each of the following categories shall be as proposed by the applicant as prescribed by the Planning and Environmental Commission, and as adopted on the Approved Development Plan: 1. Lot area and site dimensions. The minimum lot area for the Solar Vail Parcel shall be one acre (43,560 sq. ft.) with 22,259 square feet of buildable area. 5 2. Building height. The maximum allowable building height for the development on the Solar Vail Parcel shall be as demonstrated on the Approved Development Plan. In no case shall the maximum height of any building in the Solar Development exceed tv.ge foo+ (62') fifty-nine feet (59'). Building height calculations shall be determined based upon the stamped topographic survey from Inter -Mountain Engineering dated November 3, 2017 (and stamped by John D. McMahan on November 4, 2017) and roof plans by GPSL Architects, February 19, 2018. 3. Density Control Dwelling Units per Acre - A total density of 65 dwelling units per acre, and a maximum of 127 dwelling units per acre of buildable area, is approved for the Solar Vail Parcel. Gross Residential Floor Area (GRFA) A total of up to 39,000 38,383 square of Gross Residential Floor Area (GRFA) is approved for the Solar Vail Parcel. Commercial Floor Area — The maximum amount of commercial floor area, which shall be dedicated to professional office uses only, shall be 4-,&2-5 1,565 square feet and shall be subject to the terms and conditions of the Conditional Use Permit (PEC17-0050). VI. Open Space/Recreation Passive outdoor recreation areas and open spaces are permitted uses within the development. However, due to the limited areas of the site that are reasonable for development, there are very limited opportunities for on-site recreation areas and usable open space. As a result, there are no requirements for on-site recreation areas as part of this Approved Development Plan. VII. Conditions of Approval 1. Approval of this development plan is contingent upon the applicant obtaining Town of Vail approval of an associated Design Review Board application. 2. The Applicant shall obtain an access agreement from the Town of Vail, in a form acceptable to the Town Attorney, for any and all driveway improvements on, over or across Town owned Tract A, Middle Creek Subdivision and Vail Potato Patch, Block 2, Lot 8. Such agreement shall be executed prior to issuance of a building permit. 3. Concurrent with the submission of a building permit application, the applicant shall submit a site specific geological investigation, in accordance with Section 12-21- 13, Vail Town Code, for any proposed development within a mapped Rockfall Hazard Area. The applicant shall be responsible for any changes to the building permit plans required by the professional geologist or registered professional engineer who prepared the report. A 4. Prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy for the building, the applicant shall legally execute and record with the Eagle County Clerk and Recorder the Town of Vail Type VI employee housing unit covenant for all sixty-five (65) residential units within the building. 5. Prior to issuance of a building permit, the applicant shall exchange Rine -(9) eleven (11) existing deed restrictions on the property to other locations in the Town, though the Employee Housing Unit Deed Restriction Exchange Program, Section 12-13-5 Vail Town Code. VIII. Development Timing Development of the Solar Vail parcel is intended to be ` G)Mpleted- in „no GGRI34 ,.+i„n n�ninor of the CnIaY Vmil Darnol in nrrlor to onci iro that the prepert y is available fnr nnni 1paRG i in t... ml. f'P(1 o nr Oho 2PQ1. Q_1 Q clLc�c1 i onn and b s hnlidaY s e a 6 e R at Oho CSGRReRalp Hetet, arse GWRed by the AppliGaRtQeVelGPeF of Selar Vail begin construction in spring 2018, and is expected to take 18 months to complete. IX. Amendment Procedures Upon adoption, it is recognized that the Approved Development Plan may need to be amended from time to time. As such, amendment procedures are hereby adopted as an element of the Approved Development Plan. Amendments to the Approved Development Plan will be considered in accordance with the provisions of Section 12-61- 11(E) of the Vail Town Code. X. 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SLN]hiBVdV TVA 8V105 O } W } 'wJTVA�oiV idOS3'd dW]VN3uNN�os� 1191HX3 1N3W3nOW °JNINFJfIl im - �� = N o.(an ng .g s a uiBu3H 1l�!JJ JN1833NIJN3 we} W } 1 uno -aa u OOVa0103 'TVA V avoa 3oviNoai HLdON 109 lL SLNI&N VdV TVA aVIOS O TVA OiV iaos3'awd"invN3uNNos 1191HX3 1N3W3nOW °JNINFJfIl am � v z A ------ - --- ------ - --- ------ - --- ------ - --- --0 x =o -Tu 0 'MIN _OP ,A i 41HA, i IfIA, I U - - -- A'A " o.(an ng .g s a uiBu3H 1l�!JJ JN1833NIJN3 e 1 w} W } uno -aa u OOVa0103 'TVA V avoa 3oviNoai HLdON 109 LL SLNI&N VdV TVA aVIOS O TVA OiV iaos3'awdWinvN3uNNos 1191HX3 1N3W3nOW °JNINFJfIl am 00-000MI a 0 s 0 er D o oms�— Ooo _An 41HA, i k � \ 1} o— \\�\Ihj I Il'iI _ tA///��\C`\\�\ N n � �,V✓� l M ; i I F $€�d� 15DM Qb'OJ :]9b'1NOJU H1 JON IOS -11'7/\ '7{105 8 January 2018 Members of the PEC: ATTACHMENT D - APPLICANT NARRATIVE First of all, thank you for your time and the project approval at our meeting back in November. At the request of Staff, we are submitting for approval of changes to the approved plans. We are also submitting for a variance to use a 12' wide garage door on the east garage instead of the required 20' wide door. After our last meeting together, the cost estimates for the project finally started coming in. As it turns out, the modular manufacturers are all fully booked for all of 2018 and into 2019. When we were finally able to get their attention long enough to get some updated numbers, we found that they had raised their prices by something like 25% over their Spring 2017 estimates- which pushed the project costs well beyond what it could carry. And as none of the modular manufacturers were returning our calls or showing any continued interest, we decided that the only path forward was to change to traditional on- site "stick -built" construction and the associated 16 month construction schedule. Modular construction has many benefits but in terms of design, it is not very flexible. Every box must have its own floor, roof assembly and side walls. Changing to on-site construction frees us from the inefficiencies of these duplicative elements and allows most of the units to expand laterally and contract vertically within the same building footprint (which is controlled by the parking dimensions below). Building height has been lowered significantly. We raised the ground level at the SE corner back up to the existing grade. We compressed the floor -to -floor numbers at all levels. We lowered the ridge elevation. As a result of this, building height relative to grade has dropped by approximately 7'. Changing to site -built technology also allows us to eliminate 64 individual heating and hot water units in favor of a more efficient and easier -to -maintain central heating and hot water system. All the mechanical closets (two per box) we had in the previous design are no longer needed. Almost all of this "new" internal floor area gets absorbed by the units. As o result, while our building has the some footprint and o lower bulk and mass, the amount of GRFA has increased above what you approved by obout383 sf (opprox. 96sf perfloor). We have also added an underground boiler room on the north side as the equipment would not fit in the space we had previously allocated to building mechanical. The number of floors, units, parking spaces, office size etc is to remain as approved. The general building appearance remains as approved except for some roof changes requested by the DRB. Despite our best efforts to find a way to allow fire apparatus and trash trucks to turn around on the site, there simply isn't enough room between the south property line and the building/ hillside. Vail Fire rejected our proposed turnaround running underneath our east garage entry and the TOV owned land GPSL ARCHITECTS, P.C. 953 S. Frontage Road West, Suite 230 ■ Vail, CO 81657 ■ tel: 970.476.1 147 info@gpslarchitects.com ■ www.gpsiarchitects.com Solar Vail; PEC Changes to Approved Plans- 8 January 2018 2 to the east is so steep that the 6' retaining walls needed for a truck turnout into the hill extend well up the hill and disturb much of that hillside. So, we are proposing that a heated access drive that connects the RSES driveway (soon to be one way coming up on the east side) to the Solar Vail parking lot be used to allow Fire and Trash truck (only!) access to the site. Egress for these trucks, and for all other traffic, will be via the Solar Vail driveway leading directly to the Frontage Road at the east side of the site. We do not intend for any traffic to exit Solar Vail in a westbound direction. The proposed connection will be on grade and simply widens the previously proposed (and approved) 4' wide pedestrian connection to a 12' width as required for Vail Fire. Access will be controlled via a traffic gate or other technology acceptable to the VFD. To compensate for the two uncovered parking spaces being displaced by the access connection to RSES, we have redesigned the east garage. The two displaced spaces will go where the entrance overhang was previously located. The garage door has moved more to the middle of the building and is sheltered by a building overhang above. To make this work, we need to use a 12' wide door instead of the TOV Code required 20' door. We are seeking a variance for this deviation from the Code for the 12 parking spaces in the east garage. We are also asking that we be exempted from the red light/green light traffic control system being required by Public works. There are only 12 parking spaces in this garage and there is plenty of room inside and outside the garage for cars to maneuver in the unlikely event two opposing vehicles should get to the door at the exact same time. No change is needed to the previously approved variance for 9 compact spaces instead of the allowed 8 spaces. (Allowed is 25% of 34 = 8.5 spaces.) Other minor changes are that the east and west setbacks have increased slightly as the exit stairs have gotten smaller with the reduced floor -to -floor heights. No changes are proposed to the amenity spaces. No change to the building into the 40% slope other than the fact that we now show some of the retaining walls necessary. The building still steps up the slope to minimize the cuts. We hope that you will consider this project as submitted and give us approval for the changes so that we may get under way in April 2018. Information required by the TOV as part of the application: Describe the nature of the proposed use and measures proposed to make the use compatible with the other properties in the vicinity. Applicant response: There are no changes to the approved use. If anything, a lower building fits into the hillside better. The relation and impact of the use on development objectives of the Town. GPSL ARCHITECTS, P.C. 953 S. Frontage Road West, Suite 230 ■ Vail, CO 81657 ■ tel: 970.476.1 147 info@gpslarchitects.com ■ www.gpsiarchitects.com Solar Vail; PEC Changes to Approved Plans- 8 January 2018 3 Applicant response: There are no changes to relation and impact on the Town's development objectives. The project is still proposed to start in April of 2018. Occupancy will be delayed by a year due to the change in construction technology. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facility needs. Applicant response: No change from the approved proposal on light and air, distribution of population, transportation facilities, utilities, parks and recreation facilities, public facilities or needs. The access connection to the soon-to-be one-way RSES drive is only for emergency access by Vail Fire apparatus and for periodic access by the trash hauler. Access will be controlled by gate or other means. As the use of the RSES drive for these vehicles will be infrequent/ minimal and will not require either to pass in front of the Gymnastics Center or School, the impacts on these facilities will be minimal. The effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking area. Applicant response: See above for explanation of the impacts of the access connection to the RSES driveway. The effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Applicant response: No change from the approved project. Proposed Design parameters (changes in red): Lot area (buildable): 42,637.5 sf (22,259 sf) Density: 65 EHU's (no changes) (43 studios, 13 One Bedroom, 6 Two bedroom, 3 Three bedroom) Total building area: CO,500 s (59,517 sf) GRFA: '0�s (38,383 sf) Max Height above existing grade: ae)E.�O'L (approx. 60'-0") (at SE corner- does not include cell tower chimneys) Setbacks: North: b�� (65'-011) South: 300 (no change) GPSL ARCHITECTS, P.C. 953 S. Frontage Road West, Suite 230 ■ Vail, CO 81657 ■ tel: 970.476.1 147 info@gpslarchitects.com ■ www.gpsiarchitects.com Solar Vail; PEC Changes to Approved Plans- 8 January 2018 East: 17' 6" (approx. 17'-1011) West: 6' (YL (approx. T-10") (at stair) Parking: 34 spaces + 1 loading bay (no change) Site Coverage: 13,208 sf (30.3 °" 13,947 sf (32.7%) Paved area (on site only): 5,740 sf + 1313 sf snowmelted Snow storage required (on site); 1,722 sf + 131 sf = 1853 sf Snow storage provided (on site): 1,859 sf GPSL ARCHITECTS, P.C. 953 S. Frontage Road West, Suite 230 ■ Vail, CO 81657 ■ tel: 970.476.1 147 info@gpslarchitects.com ■ www.gpsiarchitects.com 4 ATTACHMENT E - PARKING MANAGEMENT PLAN Memo to: Town of Vail—Planning and Environmental Commission Revision Date: October 25 2017 Re: Solar Vail Development—Plan for Parking and Resident Transportation Background and Purpose: The proposed structure will consist of 65 rental units and approximately 1250 sq ft of net office space. The development includes 6 surface parking spaces and 28 spaces under the structure. The office space will be utilized primarily by the employee housing department of the Sonnenalp Hotel, with primary focus being the leasing and management of the subject property. Any remaining space would be occupied by other Sonnenalp employees such as accounting etc. The applicant will make application for Conditional Use Permit for the space not occupied for accessory uses. Town code would require 5 parking spaces for the office space, but since the office workers will be daytime only and could easily commute to the building by Sonnenalp shuttle from the hotel or downvalley, we think it is appropriate to allocate only 2 spaces to the office space. The remaining 32 spaces will serve the rental housing units. This works out to .49 Spaces per unit. As this does not meet the Planning requirement of 1.5 per unit, Applicant hereby submits its justification as to why this amount of parking is adequate in this situation, and outlines the plan for Parking and Resident Transportation. Existing use and Experience The existing building is comprised of 24 one bedroom units. During the winter season 2016/17, there were 46 employees housed at Solar Vail. Only 4 employees had cars on-site fulltime. This stems from the fact that the majority of tenants are seasonal employees, many of whom are foreign and do not have cars. In fact, the Sonnenalp assigned 4 of the Solar Vail spaces to employees from other Sonnenalp properties and regularly used Solar Vail parking to handle overflow vehicles from the hotel. Description of New Development The proposed development will consist of 43 studios, 13 one bedrooms, 6 two bedroom units and 3 three bedroom units. This will change from time to time, but we estimate the building will have about 110 beds—less than 2 people per unit on average. Obviously this is a very different situation than a dormitory building that a ski company might have with 3 , 4 or even 6 people per unit. So the ratio of parking spaces per bed is really more important than the ratio of spaces per unit. From speaking to other Landlords in the area, we conclude that the Solar Vail ratio of .31 spaces per bed is comparable to the ratio at other employee housing buildings that focus on seasonal employees_ Characteristics of Resident Population As discussed above, the majority of Sonnenalp's employees in Solar Vail will be seasonal employees (3 months), J-1 Visa employees (12 months) and Q -Visa employees (15 months) and other short term employees hired for the winter or summer season periods. These people tend to not have cars. Leasing Priorities It is important to recognize that parking in a Rental property is a very different issue than parking in a for -sale property because the Owner/Landlord has control over the residents. Other factors being equal, preference will be given to employees who do not have a car. We predict that there will be strong demand for the 16 units rented to non-Sonnenalp employees and this should allow this non -car preference. Advantages of Solar Vail Location Solar Vail's location is a huge factor in the parking requirements. It is a 7 minute walk across the pedestrian bridge from Solar Vail to the Lionshead gondola and 14 minutes to the Hotel. For those needing to go other locations or for after -work transit, there is a town bus stop on the North Frontage Road in front of the school next door. Bus routes stopping here include West Vail Red, West Vail Green, Lionsridge Loop, Sandstone and the westbound Highway 6 ECO bus. A 5 minute walk over the pedestrian bridge to the Concert Hall Plaza bus stop adds access to the in -town bus and both West Vail routes. And most ECO routes stop at the Lionsridge transit stop which is only a 6 minute walk from Solar Vail. The new building will provide ample locked bicycle storage for residents and will provide 3 "town cruiser bikes" for common use. Parking at Other Sonnenalp properties For employees that do have a car, the Sonnenalp can offer alternate housing at its other employee housing locations, including Bighorn Lodge (9 studios and 5 one bedrooms) which have ample parking options. The excess parking available at these locations could also be utilized as off-site parking for Solar Vail residents if the need arises. Sonnenalp shuttle transportation for residents If there is a demonstrated need for it, the Sonnenalp could operate a shuttle bus to make runs to shopping, other work -places, or other uses. This would encourage and facilitate tenants without cars. PEAK LAND CONSULTANTS, INC. 1000 LION'S RIDGE LOOP, VAIL CO 81657 970-476-8644 FAX 970-476-8616 February 21, 2018 ATTACHMENT G - SOLAR VAIL TRAFFIC ANALYSIS PLC Job#: 1529 SOLAR VAIL TRAFFIC ANALAYSIS The purpose of this traffic study is to determine if the redevelopment of Solar Vail will require auxiliary lanes according to STATE OF COLORADO STATE HIGHWAY ACCESS CODE. EXISTING CONDITIONS Solar Vail is located on the 1-70 North Frontage Road (CDOT Category F -R) approximately 2700 feet west of Exit 176 (Main Vail Exit). The adjacent access points are Middle Creek Apartments 1900 feet to the east and Red Sandstone Elementary/bus stop 700 feet to the west. All accesses are on the north side of the North Frontage Road. The posted speed limit is 35 mph. The existing Solar Vail Apartments are an employee housing complex for the Sonnenalp Resort. The existing complex consists of 24 units. A majority of the residents are hired seasonally by Sonnenalp Resorts. Sonnenalp Resorts has two locations where employees work; Single Tree Golf Course in Edwards and Sonnenalp Resort in Vail. Solar Vail is located 1900 feet from a free public bus stop which provides service to both Sonnenalp locations. A pedestrian bridge at this location provides direct access to a central business district. Walking distance to the Sonnenalp Resort in Vail is 0.75 miles. PROPOSED CONDITIONS The redevelopment to the Solar Vail Apartments involves the addition of 58 employee housing units for a total of 82 units and 4750 square feet of office space. Although most of the tenants will be Sonnenalp employees the owner of Sonnenalp Resorts is working with other local business in Vail to utilize the units. The office space will be occupied by two businesses; an architectural firm and the accounting division of Sonnenalp Resorts. Large trucks will not be a traffic generator from these type of businesses. TRAFFIC IMPACT STUDY TRIP GENERATION 6t" Edition was used for the land use data pages which includes rates, directional distribution and traffic data. Full occupancy for the development is evaluated. No other accesses are anticipated or will be allowed for this site. Since there are 2 uses for the redevelopment both uses will be calculated independently and assumed that peak hours coincide. The employee housing will be evaluated using land use data for Low -Rise Apartment (221) Weekday - PM Peak Hour Generator and the business aspect will be evaluated using the Single Tenant Office Building (715). The land use data pages for both uses and times are attached. The following analysis will determine the number of left and right turns into the site. Due to the proximity of the employee housing to public transportation and proximity to the central business district a 30% reduction credit was used for the Low Rise Apartment land use. The reduction credit is consistent with Town of Vail standards for employee housing in proximity to transit. The average rate was used for the businesses. It was recommended by the Town to distribute the turning movements out of the development 40% left turns and 60% right turns. "Rate(s)" is the Trip Generation Per Unit. DESIGN HOURLY VEHICLE (DHV) Use Avg. Range of Rate DHV 30% Rate Rates Used Units Red. Low Rise Apartment AM Peak Per Occupied Dwelling Unit 0.47 0.25-0.86 0.47 82 38.5 27.0 Low Rise Apartment PM Peak Per Occupied Dwelling Unit Single Tenant Office Bldg AM Peak Per 1000 sq. Feet GFA Single Tenant Office Bldg PM Peak Per 1000 sq. feet GFA Use Low Rise Apartment AM Peak Single Tenant Office Bldg AM Peak Low Rise Apartment PM Peak Single Tenant Office Bldg PM Peak Times LEFT TURNS AM Peak LEFT TURNS PM Peak RIGHT TURNS AM Peak RIGHT TURNS PM Peak 0.62 0.38-1.23 0.62 82 50.8 35.6 1.78 0.75-4.57 1.78 4.75 8.5 1.72 0.79-5.14 1.72 4.75 8.2 ENTERING DISTRUBUTION DHV Entering DHV Left Turns Right Turns w/Red. % Entering (40%) (60%) 27.0 20 5.4 2.2 3.2 8.5 89 7.6 3.0 4.6 35.6 65 23.1 9.2 13.9 8.2 15 1.3 0.4 0.9 CDOT AUXILLIARY LANE REQUIREMENTS (vph) Low Rise Office Total (vph) CDOT MIN 2.2 3.0 5.2 25 9.2 0.4 9.6 3.7 4.6 8.3 50 13.9 0.9 14.8 SUMMARY The CDOT auxiliary lane requirements for category F -R roadways require a left turn lane with storage length plus taper length for any access with a projected peak hour left ingress turning volume greater than 25 vph for speed limits less than 45 mph. The total left turns for AM Peak and PM Peak are 4.2 vph and 9.6 vph, respectively. Therefore a left turn auxiliary lane is not required for this site. A right turn auxiliary lane is required by CDOT when the ingress turning volume is 50 vph. The projected right turn movements for the AM Peak and PM Peak are 6.3 vph and 14.8 vph, respectively. Therefore a right turn auxiliary lane is not required. L. Mark Luna P.E. Peak land Consultants Attachments: Vicinity Map Site Plan Land Use Data (4 pages) City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: February 26, 2018 ITEM/TOPIC: A request for the review of a variance from Section 14-5-1, Minimum Standards, Vail Town Code, in accordance with the provisions of Title 12, Chapter 17, Variances, located at 501 North Frontage Road West / Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard thereto. (PEC18-0003) City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: February 26, 2018 ITEM/TOPIC: February 12, 2018 PEC Results ATTACHMENTS: File Name Description Pec results 021218.pdf February 12, 2018 PEC Results 0 PLANNING AND ENVIRONMENTAL COMMISSION TOWN OF VA10 February 12, 2018, 1:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 Call to Order 1. 1. Present: Brian Gillette, Brian Stockmar, John Rediker, John -Ryan Lockman, Karen Perez, Ludwig Kurz, Pam Hopkins Absent: None 2. Approval of Minutes 2.1. January 22, 2018 PEC Results Brian Gillette moved to approve. Brian Stockmar seconded the motion and it passed (6-0). Abstain:(1) Kurz 3. 1 nformational Update 3.1. Executive Session pursuant to C.R.S. Section 24-6-402(4)(b) to receive legal 45 min. advice on specific legal questions. The Commission did not go into executive session, as the town attorney was not present. The Commission asked several question of the staff concerning spot zoning and takings, and their concerns with not be able to use the term "spot zoning" in a hearing as it is one of the criteria necessary to review a rezoning. Neubecker indicated that if the commission members have specific questions, they may contact the town attorney directly. The Commission requested that the town attorney attend a future meeting to continue this discussion. Neubecker indicated he would ask to attorney to attend a future meeting to address the commission's concerns. 4. Adjournment The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meetmg time. Community Development Department City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: February 12, 2018 ITEM/TOPIC: January 22, 2018 PEC Results ATTACHMENTS: File Name Description Pec results 012218.pdf January 22, 2018 PEC Results PLANNING AND ENVIRONMENTAL COMMISSION TOWN OF UA11r"� January 22, 2018, 1:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 Call to Order Present: Brian Gillette, Pam Hopkins, Karen Perez, John Rediker, and Brian Stockmar Absent: Ludwig Kurz and John -Ryan Lockman Site Visit for agenda item 3. 2. Main Agenda 2.1. A report to the Planning and Environmental Commission on the Administrator's approval of an amendment to an existing Conditional Use Permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for a steel -frame tensile fabric shelter at the softball fields spectator plaza area, located at 580 South Frontage Road East (Ford Park) / Unplatted, and setting forth details in regard thereto. (PEC17- 0032) 5 min. The applicant has requested that this item be tabled to the March 26, 2018 meeting. Applicant: Town of Vail Planner: Jonathan Spence Motion: Table to March 26, 2018 First: Stockmar Second: Perez Vote: 5-0-0 2.2. A request for the review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for a variance to a side setback, located at 1200 Ptarmigan Road, Unit A / Lot 1, Block 8, Vail Village Filing 7, and setting forth details in regard thereto. (PEC17-0047) 5 min. The applicant has requested that this item be tabled to the February 26, 2018 meeting. Applicant: Eileen Hyatt, represented by RKD Architects Planner: Matt Panfil Motion: Table to February 26, 2018 First: Gillette Second: Stockmar Vote: 5-0 2.3. A request for review of a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for a subdivision to reconfigure the property line between two (2) parcels located at 814 Potato Patch Drive / Lot 3, Block 1, Vail Potato Patch Filing 1, and 815 Potato Patch Drive/Lot 2, Block 1, Vail Potato Patch Filing 1, and setting forth details in regard thereto. (PEC17-0054) 45 min. Applicant: Golden Peak Enterprises LLC, represented by Pierce Architects Planner: Matt Panfil Motion: Approve, with one condition First: Stockmar Second: Gillette Vote: 4-1-0 (Perez Opposed) Condition of Approval: 1. Prior to the signing of the Planning Environmental Commission Certificate on the final plat of subdivision, the applicant shall provide the written approvals from all utility providers. Planner Panfil provided the commission with a brief background on the subject properties and the proposed reconfiguration of the lot line. The reconfiguration will allow the redevelopment of each property by reallocating the land and associated development standards. Bill Pierce representing the applicant made himself available for questions. Commissioner Perez asked for clarification regarding the submittal requirements and the type of survey. Perez questioned the title commitment and associated easements. Planners Panfil and Spence attempted to answer her questions. Mr. Pierce provided further information concerning the project. Commissioner Perez requested a copy of the title commitment. Commissioner Stockmar inquired as to whether the two properties were will under common ownership. Mr. Pierce responded yes. 3. 0 Mr. Rediker asked for a clarification on allowable GRFA for the two lots. Planner Panfil provided this information. Mr. Rediker asked for further clarification on the chart in the staff's memorandum. Panfil walked the commission through the chart. Commissioner Stockmar asked if the proposal would result in the creation of any nonconformities. Panfil answered no and provided additional information. Planning Manager Neubecker requested that the Commission refocus on the criteria in the subdivision code for approval. Commissioner Stockmar spoke to the scope of the project and the lack of nonconformities created, resulting in no objections. Commissioner Gillette agrees with staff. Commissioner Perez spoke of her analysis of the project and the need for an updated title commitment. Commissioner Hopkins agrees with the staff memorandum. Commissioner Rediker generally agrees with staff's memo and would be more concerned if the allotments resulted in significant changes. Motion: Approve with condition First: Stockmar Second: Gillette Vote: 4-1-0 (Perez opposed) Approval of Minutes 3.1. January 8, 2018 PEC Results Motion: Approve First: Stockmar Second: Gillette Vote: 5-0-0 Adjournment Motion: Adjourn First: Stockmar Second: Perez Vote: 5-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: February 12, 2018 ITEM/TOPIC: Executive Session pursuant to C.R.S. Section 24-6-402(4)(b) to receive legal advice on specific legal questions. Ad #: 0000200568-01 Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM Your account number is: 1023233 PROOF OF PUBLICATION VAIL DAILY STATE OF COLORADO COUNTY OF EAGLE I, Mark Wurzer, do solemnly swear that I am Publisher of the VAIL DAILY, that the same daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein, that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The VAIL DAILY is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 2/23/2018 and that the last publication of said notice was dated 2/23/2018 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 3/8/2018. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 3/8/2018. �1 Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 11 811_y 1LYrt4L als�6 rebrarew R11aL�.D. RUFE:7F Lgt{14PDO ppTARY'[7:ldS6kOg938g' N'/ CfA�W;SI�fd %'%171lw4FtiGi1ST9,2�' PLANNING AND ENVIRONMENTAL COMMIS- SION OMMISSION Fabown G 20 G, 1:00 raM n 75 S. Frontage Road - Vail, Colorado, 81657 1,Ca11 ro Omer 2.Slta visits 2.1. 332 MITI Greek Circle - Triple Threet LLC 3.Main Agenda 3.1. A work session regaling a request fare mandation to the Vail Town Council on the ad an of the 201] Comprehensive Open Lands Plan ane ... Ing forth ticome m ragas Mereto. (PEC17.0049) Applieant:Town M Vail, fepresented by Tom Braun, Braun and Associates Planner: Chris Neubecker 3.2. A request for the review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, 1, Vccodance with the provisions of Section 12-17- ariances, Vail Town Code. Wallow for a very c to a side setback, located at 1200 Ptarmigan Road, Unit A/ Lot 1, Block 8, Vail Village Filing 7, tl setting farm tletails in regard! theretp. (PEC17- 0047) ApplikencEileen Hyatt, represented by RKD Archi- =ner: Maft Penfil 3.3. A request for review of a final plat, pur- Vuant to Title 13 Chapter 4, Minor Subdivisions, an Town Code, ro snow fora yM!vlsipn to recon- figure the property line at 332 Mill Crack Circle/Lot 1, Block 1, Vail Villaga Filing 1, and salting forth details in re9ed thereto. (PEC18-0001) Applicant:Triple Threat NLC LLC, represented by Braun Associates Inc. Planner. Matt Panlil 3.4. A request for the review of an amend- ment [o [he eppmvetl Soler Vail and— plan, pursuant ro Section 12-61-11, Development Plan Required, Vail Town Code for the cnnsVuction of ployyea housing units (EHUa), locatetl at 501 North Pi to a Ruad Wesl / Lot 8, Blook 2, Veil Po- tato Patch Filing 1, antl setting forth details in ra- ged thereto. (PEC18-0002) APPIIcant:Sonnenalp Propedies Inc., rap resentoo by GPSL Architects Planner: Chris Neubeoker 3.5. A request for the review of a variance from Section 14-5-1, Minimum Standards, Vail Town Catle, in abbod,nab with the provisions of Ti- tle 12, Chapter 17, Variances, located at 501 North Frontage Road West / Lot 8, Block 2, Vail Potato Patch FilinG 1, and setting font details in regard thereto. (PE018-0003) Appllcant.Sonnenalp Properties Inc., represented by GPSL Architects Planner: Chris Neubecker 4. Approval of Minutes 4.1. February 12, 2018 PEC Results 5. Adjourn... same availebna and didnbandantd he rotes publicpe g gu- lar office hours at the Town at Vail Community De- bpment Department, 75 South Frontage Road. The public is invited to offend the project orienta- tion and the site visits that precede the public hear - g in the Town of Vail Community Development Department. Times and order of items are appomi- m te, subject to change, and can t be lied upon to determine at what time me Planning and Environmental Commission will consider an item. Please cell (9]O) 479-2138 for etltlitionel intoime- tipn. Please -11 711 for sign language interpral tion 48 hour prior to meeting Bme. Published in Me Vail Daily on February 23, 2018 0000200588. Ad #: 0000194061-01 THIS ITEM MAY AFFECT YOUR PROPERTY Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM PUBLIC NOTICE NOTICE IS HEREBY GIVEN d,attha Planning a no Your account number is: 1023233 Environmental Commission of the Town of VaII wIII hold hearingina a public orda ewitlsectionl2- 3-8, Val Town Cotle, onFebruary 26, 21118 at 100 PROOF OF PUBLICATION Pm In the Town of Veil Municipal Building. A request to review of a final plat, pursuant to Title VAIL DAILY 10 allllmlo� a sMoa� on to rsioonnn, ur map Code, gore STATE OF COLORADO line at 332 MITI Creak ClrclelLot 11, Block 1, Vail Village Filingg 1, and seting forth details in regard thanno.(PEC1&0001) OF EAGLE Applicant: Triple Threat NLC LLC, represented by Planner: Matt Ps ecol sinc. RrsuCOUNTY A request for d,e review of an amendment tod,e ap- I, Mark Wurzer, do solemnly swear that I am Publisher of ps a 12I-61-11. il oe ellopmem Plan &uqu ared,, Vail the VAIL DAILY, that the same daily newspaper printed, in Town Cotle, for d,6 conshucaon of employee haus - in units(EHUs)and a request for the review of dares hot, Seofl n 145-1, Mlnlmum Standards, whole or in art and published in the Count of Eagle, P P Y g Vail Tow Code, ina ordancew hthe pro is ons of TIM, 12, Chapter 1], Variances, l— ed at 501 State of Colorado, and has a general circulation therein, Nord, Frordagge Road! West / Lot 8, Black 2, Vail Po- tato Patch Fling 1, ancse8ing forth decals In regard that said newspaper has been published continuously and thereto. (P EC1 &DD02 8 PECt B-0003) Applicant: Sonnenalp Propi'0 .presented It, GPSL Archhects uninterruptedly in said County of Eagle for a period of Planner: Chris Neubecker more than fifty-two consecutive weeks next prior to the The applicatbns and Intormatlon about the propos area atable fop blit inspe tion Buringofice first publication of the annexed legal notice or hours at the Town of Vail Community Development OepadmenS ]S SouthFront�geR etl. The Wblic is advertisement and that said newspaper has the nutted N attend site visits. Pleasecall 9)0-4)9- 211 rAWN —ilg--plenningfor addition- published Mo requested legal notice and advertisement as requested. Slggnlanguagain,erp,%a.ttonavallableupon request Ovid, 24-hour nofifica0m, dial 'll Published February 9, 2018 in the Vail Daily. (00001940611 The VAIL DAILY is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 2/9/2018 and that the last publication of said notice was dated 2/9/2018 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 2/9/2018. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 2/9/2018. Pamela J. Schultz, Notary Public My Commission Expires: November 1, 2019 PAMELA J. SCHULTZ NOTARY PUBLIC. STATS OF COLORADO NOTARY ID 419994030375 Fly Co.mmiss lcn E* -s --1. 2015