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Home My WebLink About2018-06-25 PEC0 PLANNING AND ENVIRONMENTAL COMMISSION TOWN OF VAIO June 25, 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, Rollie Kjesbo, Karen Perez, Brian Stockmar Absent: John -Ryan Lockman 2. Site Visits 2.1. Site Visit - 2841 Basingdale Boulevard 3. Main Agenda 3.1. Executive Session pursuant to C.R.S. 24-6-402(4)(b) to receive legal advise 10 min. on specific legal matters Re: parking issues. Applicant: Planner: Cancelled as Matt Mire unable to attend. 3.2. A request for the review of a Major Exterior Alteration, pursuant to Section 15 min. 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the conversion of two (2) back of house offices to two (2) Accommodation Units, located at 715 West Lionshead Circle/West Day Subdivision (Vail Marriott Mountain Resort), and setting forth details in regard thereto. (PEC 18-0024) Applicantfliamondrock Vail Owner LLC, represented by Mauriello Planning Group Planner: Jonathan Spence 1. The applicant shall mitigate the impact on employee housing of this development in accordance with the provisions of Chapter 12-23, Commercial Linkage, Vail Town Code prior to the issuance of any building permit. 2. The Transportation Impact Fee shall be paid to the Town of Vail by the applicant prior to issuance of any building permit. Planner Spence began by introducing the application and gave a presentation with the plans and drawings. Spence stated a major alteration is necessary when adding accommodation units. Spence added the project has ample GRFA for the conversion. The newly adopted transportation fee is applicable for the project. Dominic Mauriello confirmed altering offices to two accommodation units. He provided no further presentation. Kurz confirmed no public input. PEC Comments Kjesbo — The application is straight forward. No comments. Gillete —Agree Stockmar — No comments. Perez — No comments. Hopkins — No comments. Kurz — Believes the applicant is complying with employee housing and transportation provisions. Gaining two accommodation units is a positive for the Town. Brian Stockmar moved to approve with conditions. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Lockman 3.3. A request for the review of an Exemption Plat, pursuant to Section 13-12-3, 15 min. Plat Procedure and Criteria for Review, Vail Town Code, to incorporate a portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing into the existing property located at 366 Hanson Ranch Road/Lot d, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. (PEC18-0025) Applicant'VailPoint LLC, represented by Pylman &Associates, Inc. Planner: Jonathan Spence Planner Spence began by introducing the application and stated it would be best to discuss Items 3.3 and 3.4 together. Spence presented three correspondences provided to Staff through email. He then presented an overview of both items. Rick Pylman, representative of the applicant, provided a presentation to the PEC. Pylman provided history on 366 Hanson Ranch Road. Lot D was originally sold by Vail Associates in 1963, prior to zoning and subdivision regulations. Prior to incorporation into the Town, Lot D was subdivided. There are three parcels that were split off from Lot D. Pylman stated there has been a fence area around the Lot for a long time and many subsequent owners. Pylman clarified the areas around the Lot has been zoned Public Accommodation. The blue area shown is the original deeded property, the hatched areas, which are fenced, are outside the deeded area. Pylman stated the area will all be zoned Public Accommodation. Pylman stated there are covenants on D-1 and the subject property. The applicant stated the covenants remain unaffected. Spence added the covenants will remain unaffected per speaking with the Town Attorney as well. He added this is private space. Stockmar asked is there an anticipation of a potential expansion to the house? Pylman stated the lot becomes conforming to the minimum lot size. Stockmar stated the house is at its maximum for GRFA. Gillete asked if there is a such thing as Private Open Space Spence stated we should clarify the zoning of the property since 1971 has been as error since following the meets and bounds description. Staff believes the property within the fence is private side and backyard, not Open Space. Perez asked why is the applicant replatting but not replatting into the correct zone district. Spence — The request to plat is to combine the two lots. The appropriate zoning for this property per the adopted plans is PA. Hopkins —Asked why the zone district is changing with this application. Spence — Staff stated we do not allow properties to have multiple zoning. He also clarified the hatched area of the fence now has a legal description and is a parcel with the court's description. The hatched area is now under the ownership of 366 Hanson Ranch Road after court order. Perez —Are there any development agreements with Vail Resorts that affect private agreements? Spence — There was a workshop meeting with Town Council to discuss the covenants that existed at that time and present day. Pylman — Stated the client is looking at the possibility of building a lodging type use within the site. Stockmar —Asked if there is something happening in the background outside of the application, such as expanding GRFA. Spence — Clarified its current use as Single Family would not allow expansion. There are underlying covenants that severely restrict future development. Kjesbo — If the applicant were to build in the future, Kjesbo clarified the setbacks for the zone district. Kurz —Asked Spence to clarify the notice requirements of the PEC. Spence — Listed the recipients of the notice, which met all requirements of the Code. Pylman — Did add the newspaper notice was met as well. Public Comment Carol Krueger — Kruger was one of the email correspondents with staff. She asked what reasonable expectations for redevelopment could occur on the site. Kruger then explained the history of Lot D. She asked the Town to be clear what the expectations are as this property has been zoned Open Space. She asked does the Town intend for this property to remain Open Space in the future. Kruger stated a plat restriction was a viable option. Spence — Private covenants and zoning are two separate matters. As far as open space, covenants relate to above ground improvements. The expectation for a redevelopment is that the lot will be developed per the lot's zone district. The Town generally does not zone a private space as Open Space. Gillete — How is the private open space maintained through a development, such as Grand Traverse. Spence — It would not be a rezoning, but would be an amendment to the development plan. Hopkins —Asked what would happen if the Town did not vote to change the zoning. Spence — Explained the consequences of not voting for approval of the application. Spence stated the Town of Vail is a party to the covenants, including members of the subdivision and different layers. Gillette —Asked how the PEC would preserve the open space. Spence — Stated this has functioned as private property. It has the zoning of Agricultural and Open Space. The historic property line has existed for over 50 years and has been perceived as private open space as the backyard of the single family home. Sarah Baker (Attorney for the applicant)— To enforce the covenant is the best way to verify the area is not developed in the future. Stated the Town has enforceable covenants which it can enforce. Gillette —Asked if the applicant would plat the area as Open Space Stockmar — Stated the PEC has not seen the covenants. Spence —Added the covenants should not influence the PEC's decision today. Sarah Baker — Explained the three covenants. Kurz — Stated the PEC is asked to review what is before the PEC today. The PEC is now faced with cleaning up something that was created 50 years ago. Kurz stated the PEC look at the two items (3.3 and 3.4) together and vote on the direction that the PEC has been asked today or table if the public has not been provided enough information. Stockmar —Stated this is a difficult parcel with much time that has passed since this has been done. Spence — Clarified that Commissioner Stockmar is referring to one owner. Stockmar — Wants to know the history and what is going on present day. He is trying to figure out what is going on and cannot make a decision based on uncertainties. Spence — Stated you are being asked today to vote on a consolidated exemption plat and a recommendation to Town Council for a rezoning. PEC Comment Gillette —A split rail fence should not dictate the Town of Vail zoning Code. Stated it should remain the way it is today. The intent that the area was intended to be Open Space and should remain as open space. Stockmar — Stated the PEC look at tabling the application and have the applicant provide the applicable covenants. Perez —Asked for the "linked commitment" Baker — Stated she could read the three covenants. Baker then read the applicable private covenant recorded July 8, 1963, which references the south area, not D-1. Baker then read the covenant for Tract E. Baker read the covenant from 1971. Gillette — The PEC cannot enforce the covenants, but can enforce open space. Kjesbo — Stated he believes it should be consolidated. The PEC cannot deal with private covenants, but they are in place. He stated he would like to see the application approved. Hopkins — The zoning was implemented in 1971 around the Tivoli. It was intended for the area to be open space and she wants to preserve the area. Hopkins wants to enforce the covenants around D-1. It is one of the few cut through points to the mountain during the winter. Kurz —Agrees with Kjesbo. Stated he had a concern earlier with notification and stated notices were given appropriately and on time. The fact that the PEC received three letters today, means the PEC should not table today due to the notice. Nuebecker — Stated the PEC should focus on the zoning criteria. Perez —Asked who is in violation to the view corridor. Spence — Confirmed there is no view corridor on site. The existing covenants and zoning would provide development standards and protections. Hopkins —Asked about the potential to build a 24' wide drive aisle near the trail. Stockmar — It appears the applicant has met the requirements that are necessary to be met. Kurz — Stated the PEC should not ignore the findings provided by Staff. The decision should be based on Staff's findings and the criteria provided. Gillete — Motioned for denial based on Goal #4 of the Vail Village Master Plan. The motion failed without a second. Rollie Kjesbo moved to approve. Brian Stockmar seconded the motion and it passed (4-2). Ayes: (4) Hopkins, Kjesbo, Kurz, Stockmar Nays: (2) Gillette, Perez Absent: (1) Lockman 3.4. A request for a recommendation to the Vail Town Council for a zone district 20 min. boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District, and setting forth details in regard thereto. (PEC18-0022) Applicant'VailPoint LLC, represented by Pylman &Associates, Inc. Planner: Jonathan Spence Rollie Kjesbo moved to approve. Brian Stockmar seconded the motion and it failed (3-3). Ayes: (3) Kjesbo, Kurz, Stockmar Nays: (3) Gillette, Hopkins, Perez Absent: (1) Lockman 3.5. A request for review of Major Exterior Alteration, pursuant to Section 12-713- 45 min. 7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0016) The applicant is returning to the PEC to discuss discreet elements of the project. No request for formal action is being made at this time. Staff requests that this item be continued to the July 9, 2018 Planning and Environmental Commission meeting. Applicant$attle Mountain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence https://www.youtube.com/watch?v=OanGZnfflns&t=11s (Video of automated parking system) Planner Spence began by introducing the application and gave a brief overview. Tom Braun then spoke on behalf of Battle Mountain LLC. Braun wanted a follow up to what happened at the previous PEC meeting. The applicant made refinements to the plans and intends to present the revised plans today. Braun walked the PEC through today's agenda covering discussion topics from the 6/11 staff memo. Today's follow up discussion will cover live beds, setback variance/west wall, and roof and wall interface. Setback Variance — The site plan shows unified development at the site. The setback allows for the sites to be merged together. Braun showed several different solutions to the large western wall, including a mountain graphic profile. Kurz — Stated Braun has addressed the PEC's original comment. Stockmar agreed. Roof/Wall Interface — Stated the applicant looked at a lot of different solutions. The south elevation was shown. The dormer brought out to edge and removed large eave line Stockmar — Stated the applicant accommodated the PEC's request and is moving in the right direction. Spence — Staff has had the opportunity to review what the PEC sees before them today. Staff is supportive of the changes. Roof Material and Snow Shedding — Braun shared photos from other examples of buildings in Town showing the material. North Elevation — The rendering shows changes to windows and the dormer added. This shows the reduction in balconies and windows to reduce intrusion of the property to the north. Automated Parking —Automated is used to increase efficiencies, particularly when working with a small lot and dense areas. There has been a rapid increase in automated systems in the United States. Braun then shared a video of the automated system. Braun stated two cars can move simultaneously with two elevators. The technology will either be ticket based or fob based systems. Gillette — Asked if a traffic study would be completed to study the demand ratio to number of cars would work in the Town of Vail. Braun — Stated the system can park a car within 90 seconds. The parking is not for retail parking. Gillette — Asked if City Lift has dealt with a large amount of silt and salt during the winter months. Braun — Maintenance occurs quarterly, but the rate can be increased, if necessary during the winter months. A system has been installed in Wisconsin and has been running well, even during the winter months. On the operations side, most issues are fixed on a computer in LA. One example is a switch goes out, then a local service provider is sent on sight. Stockmar — Confirmed access will be taken from the existing alley, which is a nightmare currently when traffic backs up. Braun —A good portion of the alley is in the shade. The alley will be heated to address the past ice issues. Stockmar — Asked how will parking violations be avoided in the future along the alleyway. Braun — Both parties will remedy the situation in the future. Kjesbo —Asked if a ramp system would work? Kit Austin — Pierce Architects looked at ramp systems and the ramp would be inefficient, if not impossible. Braun — Confirmed there will be two elevators for the cars. Stockmar —Asked if there will be a connection to the property to the west Braun — Confirmed there will be no connection. Pay in Lieu Parking — Parcels in green are the Village Core Area and a few areas to the eastern side of Lionshead to be within the zone. Parking cannot be located on the sites within the zone. Braun explained the rationale for the amendment for the area to be removed from the pay in lieu area. Existing/Interim/Proposed Parking — Braun presented existing parking spaces, including the following: Launch — 52 spaces Lazier — 91 spaces • Total — 143 spaces Proposed Parking includes a total of 71 spaces or more. 91 spaces are currently shown on plans. PEC Comments Kjesbo — Asked can the PEC provide the applicant how to allocate parking. Spence — No Stewart McNab — Stated there is more than the Launch application. Requested a Condition of approval — parking should match at least the number that is there currently. Spence — The review of the demo of the top deck is not under the purview of the PEC and there is no time limit of when it should be replaced with redevelopment. Stockmar — Stated staff provided the PEC with parking plans during the interim highlighted in the memo. Dale Bugby — Stated parking in Lionshead is in high demand and of high value. The original letter than talked about 69 spaces needed to be protected on the site. There are now four buildings without parking spaces that cannot be utilized today. Concerned about closing ramp, which is an access point for his property. Gillette —Asked if Matt Mire will be at the next meeting. Spence — Stated it will be an executive session and specific questions should be highlighted before meeting with the Town Attorney. Bob Lazier — Stated 69 spaces for Lift House is not the correct number. Parking will be covered in the future by replacing what is there currently with the same number, if not more parking. PEC Comment Kjesbo — The applicant reviewed the PEC's questions. He is still mixed on mechanical parking, but understands why the applicant needs to do it. Still questions the north side from a design perspective, but the DRB will review the elevation. The applicant addressed the roof very well and looks forward to the final design. Gillette — No comment. Stockmar — Thanked the applicant for resolving the lid issue. The north facade is still boring, but it is outside the PEC's purview to address. He has seen the automated parking work over the years, even in bigger buildings. Perez — Thanked Staff and the applicant for addressing concerns. Concerned though over the size of the parking garage due to the large number of visitors. Perez asked for clarification over size of vehicles and if the garage can accommodate most vehicles. Kjesbo — Worried about sludge and maintenance of the automated garage. Asked how long it could take to fix an issue with the garage. Hopkins —Appreciated the changes and the plans are getting better. Kurz — Believed the building is more appealing today than at the last meeting. Kurz would like to see more in terms of the automated parking video and how it would work in Vail's environment. Additionally, how the winter climate will impact the garage with slug and build up. He stated there are 69 spaces for Lift House and others state this is not correct. He would like to see the parking issue agreed to by all parties. Braun — Stated he and the applicant will return with more information on the parking system. Braun stated he wants to focus on Launch's property today, not Bob's project. Kjesbo — Stated if the applicant meets the parking requirement, the PEC should not have to review private agreements. Staff requests all four items be tabled to July 9 meeting. Rollie Kjesbo moved to table to July 9, 2018. Brian Stockmar seconded the motion and it passed (6-0). Absent: (1) Lockman 3.6. A request for review of a final plat, pursuant to Title 13 Chapter 4, Minor 5 min. Subdivisions, Vail Town Code, to allow for a subdivision to reconfigure the property lines between two (2) development lots located at 500 & 534 East Lionshead Circle/Lots 1,2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0017) Staff will not be providing a staff memorandum for this item. Staff requests that the Planning and Environmental Commission continue this item to the July 9, 2018 meeting. Applicantiazier Lionshead LLC & Battle Moutnain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence Rollie Kjesbo moved to table to July 9, 2018. Brian Stockmar seconded the motion and it passed (6-0). Absent: (1) Lockman 3.7. A request for a recommendation to the Vail Town Council for a prescribed 5 min. regulations amendment to Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, pursuant to Section 12-3-7 Amendment, Vail Town Code, to remove Lot 1A, Lot 2A and Tract K of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, and setting forth details in regard thereto. (PEC18- 0019) Staff will not be providing a staff memorandum for this item. Staff requests that the Planning and Environmental Commission continue this item to the July 9, 2018 meeting. Applicantiazier Lionshead LLC & Battle Moutnain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence Rollie Kjesbo moved to table to July 9, 2018. Brian Stockmar seconded the motion and it passed (6-0). Absent: (1) Lockman 3.8. A request for the review a variance from Section 12-7H-10, Setbacks, Vail 5 min. Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a rear setback of zero feet (0') where ten feet (10') is required for a new multifamily structure, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0018) Staff will not be providing a staff memorandum for this item. Staff requests that the Planning and Environmental Commission continue this item to the July 9, 2018 meeting. Applicant$attle Mountain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence Rollie Kjesbo moved to table to July 9, 2018. Brian Stockmar seconded the motion and it passed (6-0). Absent: (1) Lockman 3.9. A report to the Planning and Environmental Commission on the 5 min. Administrator's approval of an amendment to an existing Conditional Use Permit, pursuant to Section 12-813-3, Conditional Uses; Accessory buildings (permanent and temporary), Vail Town Code, to allow for the replacement of the existing golf starter shack with a new starter shack building at the Vail Golf Course, located at 1655 Sunburst Drive, a collection of platted and unplatted parcels (a complete legal description is available at the Community Development Department Office), and setting forth details in regard thereto. (PEC 18-0023) Applicant'Vail Golf Course, represented by Pierce Architects Planner: Justin Lightfield Kjesbo recused himself as a member of the Vail Rec. Board Planner Lighfield explained the project and staff's action. Kit Austin explained that it would not impact the course or play. Stockmar questioned the heaviness of the roof. No formal action taken. 3.10. A request for review of a variance from Section 12-21-12, Restrictions in 30 min. Specific Zones on Excessive Slopes, Vail Town Code, to allow for more than ten percent (10%) of the total site area to be covered by driveways and surface parking, located at 2841 Basingdale Boulevard/Lot 3, Block 8, Vail Intermountain Development Subdivision, and setting forth details in regard thereto. (PEC18-0020) ApplicantUichael & Yoshimi Moore, represented by Visual I mpax Planner: Justin Lightfield Variance 1: Section 12-21-12, Restrictions in Specific Zones on Excessive Slopes 1. Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. Approval of this variance is contingent upon the applicant obtaining Eagle River Water & Sanitation District approval for this proposal. 3. The square footage of the hammerhead driveway shall be reduced and landscaping shall be added between the hammerhead and the public road. 4. Curb and gutter shall go from the western corner of the subject property to the eastern corner of Rush Condominium lot. The improvement costs shall not be borne by the Town of Vail. 5. The parking spaces shall be labeled for each individual condo owner at the Rush Condominiums (1-4). 6. The plan to be approved by the Design Review Board shall incorporate all practical measures to prevent additional parking anywhere to the east of the proposed garage. Brian Stockmar moved to approve with conditions. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Lockman Variance 2: Section 14-3-1, Minimum Standards, Curb Cuts 1. Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. Approval of this variance is contingent upon the applicant obtaining Eagle River Water & Sanitation District approval for this proposal. 3. The square footage of the hammerhead driveway shall be reduced and landscaping shall be added between the hammerhead and the public road. 4. Curb and gutter shall go from the western corner of the subject property to the eastern corner of Rush Condominium lot. The improvement costs shall not be borne by the Town of Vail. 5. The parking spaces shall be labeled for each individual condo owner at the Rush Condominiums (1-4). 6. The plan to be approved by the Design Review Board shall incorporate all practical measures to prevent additional parking anywhere to the east of the proposed garage. Planner Lighfield spoke to the changes since the last meeting. The applicant, Scott Handler with Visual I mpax walked the commission through the changes, primarily to the parking layout. A brief discussion of the fire hydrant was held. Hopkins asked about the location of the stairs and trash in relation to the parking and garbage containers. The applicant provided clarification. Stockmar asked about the existing parking conditions, double parking etc. Tom Kassmel spoke to it occurring elsewhere in town and feels that the proposal will be an improvement. Spoke to the possibility of curb and gutter. The applicant spoke to the solution to the double parking situation. Hopkins asked about snow removal. Gillette spoke to the purpose of the variance and one parking space per unit. Hopkins spoke to the lack of a hammerhead and the excessive amount of pavement to the west. Gillette clarified the request to remove pavement and replace with landscaping. Kassmel spoke to the number of parking spaces required and vehicle movement. The applicant spoke to his willingness to change the plans but thought it would not be approved by the Town Engineer. Hopkins asked that the DRB be directed to address access to the condos and the west pavement. Perez is struggling and feels that the project has gone backwards. Too much parking. Recommends a reduction in pavement. Stockmar- Applicant has responded to requests. Recognizes challenges. Concurs about a reduction in pavement. Gillette -Would like a COA regarding labeling the parking spaces Kjesbo- Recommends further design changes to restrict parking and allow adequate snow storage. Stockmar-Would recommend negotiating with Rush condos to solve the parking situation. Kurz- Concurs with Rollie that design solutions are needed to prevent unwanted parking. Appreciated applicants response to Commissioners concerns. Brian Gillette moved to approve with conditions. Brian Stockmar seconded the motion and it passed (6-0). Absent: (1) Lockman 4. Approval of Minutes 4.1. PEC Results June 11, 2018 5. Adjournment The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: June 25, 2018 ITEM/TOPIC: A request for the review of a Major Exterior Alteration, pursuant to Section 12-71-1-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the conversion of two (2) back of house offices to two (2) Accommodation Units, located at 715 West Lionshead Circle/West Day Subdivision (Vail Marriott Mountain Resort), and setting forth details in regard thereto. (PEC18-0024) OTTOCHMFNTS- File Name Staff Memorandum Marriott. A. Vicinity Map.pdf B. Applicant Narrative dated May 29 2018.pdf C. Floorplans March 9 2018.pdf Description Staff Memorandum A. Vicinity Map B. Applicant Narrative, dated May 29, 2018 C. Floorplans, March 9, 2018 10114411ST1:111 Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 25, 2018 SUBJECT: A request for the review of a Major Exterior Alteration, pursuant to Section 12- 7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the conversion of two (2) back of house offices to two (2) Accommodation Units, located at 715 West Lionshead Circle/West Day Subdivision (Vail Marriott Mountain Resort), and setting forth details in regard thereto. (PEC18-0024) Applicant: Diamondrock Vail Owner LLC, represented by Mauriello Planning Group Planner: Jonathan Spence SUMMARY The applicant, Diamondrock Vail Owner LLC, represented by Mauriello Planning Group., requests the review of a Major Exterior Alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the conversion of two (2) back of house offices to two (2) Accommodation Units, located at 715 West Lionshead Circle/West Day Subdivision (Vail Marriott Mountain Resort). The Community Development Department is recommending approval, with conditions, of the Major Exterior Alteration application with the findings as listed in Section VIII of this memorandum. For reference, the attachments include a Vicinity Map (Attachment A), Applicant Narrative (Attachment B), and Floor Plans (Attachment C). II. DESCRIPTION OF REQUEST Diamondrock Vail Owner LLC, represented by Mauriello Planning Group., requests the review of a Major Exterior Alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the conversion of two (2) back of house offices to two (2) Accommodation Units, located at 715 West Lionshead Circle/West Day Subdivision (Vail Marriott Mountain Resort). III. BACKGROUND The Marriott site was annexed into the Town of Vail in August of 1969. According to Eagle County records, the existing building was originally constructed in 1983. The property was originally zoned Commercial Core 2 District and was rezoned to Lionshead Mixed Use 1 District in 1999. The west wing of the hotel suffered a fire in November 2000 that effectively destroyed the upper floors of the hotel. The conference center below and most of the center wing were largely unaffected. The owner at the time, Host Marriott, gutted the entire west wing and rebuilt it with new guest room layouts but stayed largely within the previous bulk and mass of the building, as was defined by the preexisting steel structure. Reconstruction was completed in 2002. Various modifications have been made to the structure since the reconstruction. Most recently, a Major Exterior Alteration was approved in 2014, allowing for an increase of accommodation units to 324. However, this project was never constructed and the approval has since expired. The Marriott currently has 318 accommodation units, 35 dwelling units, along with existing retail, restaurant, spa, and conference facilities. It currently has 297 parking spaces available to serve its uses. IV. APPLICABLE PLANNING DOCUMENTS Title 12, Zoninq Regulations, Vail Town Code (in part, emphasis added) ARTICLE H — Lionshead Mixed Use 1 (LMU-1) District 12-7H-1: PURPOSE.- The URPOSE: The Lionshead mixed use 1 district is intended to provide sites for a mixture of multiple - family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead mixed use 1 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Additionally, the incentives are created to help finance public off site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-4: PERMITTED AND CONDITIONAL USES, SECOND FLOOR AND ABOVE.- A. BOVE: A. Permitted Uses: The following uses shall be permitted on those floors above the first floor within a structure.- Accommodation tructure: Accommodation units. Attached accommodation units. Employee housing units, as further regulated by chapter 13 of this title. Lodges. Multiple -family residential dwelling units, lodge dwelling units. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building or the alteration of an existing building that is not a major exterior alteration as described in subsection B of this section shall be reviewed by the design review board in accordance with chapter 11 of this title. 1. Submittal Items Required: The submittal items required for a project that is not a major exterior alteration shall be provided in accordance with section 12-11-4 of this title. B. Major Exterior Alteration: The construction of a new building or the alteration of an existing building which adds additional dwelling units, accommodation units, fractional fee club units, timeshare units, any project which adds more than one thousand (1, 000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the administrator) shall be reviewed by the planning and environmental commission as a major exterior alteration in accordance with this chapter and section 12-3-6 of this title. Any project which requires a conditional use permit shall also obtain approval of the planning and environmental commission in accordance with chapter 16 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community development for planning and environmental commission and design review board review. 1. Submittal Items Required, Major Exterior Alteration: The following submittal items are required.- a. equired: a. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. b. Application, Contents: The administrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. C. Work Sessions/Conceptual Review: If requested by either the applicant or the administrator, submittals may proceed to a work session with the planning and environmental commission, a conceptual review with the design review board, or a work session with the town council. D. 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. E. Lapse Of Approval: Approval of an exterior alteration as prescribed by this article shall lapse and become void two (2) years following the date of approval by the design review board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed. (Ord. 29(2005) § 24: Ord. 5(2003) § 11: Ord. 8(200 1) § 2: Ord. 3(1999) § 1) 12-7H-8: COMPLIANCE BURDEN.- It URDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead mixed use 1 district, that the proposal is consistent with applicable elements of the Lionshead redevelopment master plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-9: LOT AREA AND SITE DIMENSIONS.- The IMENSIONS: The minimum lot or site area shall be ten thousand (10, 000) square feet of buildable area. (Ord. 3(1999) § 1) 12-7H-10: SETBACKS.- The ETBACKS: The minimum building setbacks shall be ten feet (10) unless otherwise specified in the Lionshead redevelopment master plan as a build to line. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-11: HEIGHT AND BULK: Buildings shall have a maximum average building height of seventy one feet (71) with a maximum height of 82.5 feet, as further defined by the Lionshead redevelopment master plan. All development shall comply with the design guidelines and standards found in the Lionshead redevelopment master plan. Flexibility with the standard, as incorporated in the Lionshead redevelopment master plan, shall be afforded to redevelopment projects which meet the intent of design guidelines, as reviewed and approved by the design review board. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-12: DENSITY (DWELLING UNITS PER ACRE). Up to a thirty three percent (33%) increase over the existing number of dwelling units on a property or thirty five (35) dwelling units per acre, whichever is greater, shall be allowed. For the purpose of calculating density, employee housing units, accommodation units, attached accommodation units, timeshare units, and fractional fee club units shall not be counted as dwelling units. Additionally, a "lodge dwelling unit", as defined herein, shall be counted as twenty five percent (25%) of a dwelling unit for the purpose of calculating density. (Ord. 18(2005) § 2: Ord. 31(2001) § 5: Ord. 3(1999) § 1) 12-7H-13: GROSS RESIDENTIAL FLOOR AREA (GRFA): Up to two hundred fifty (250) square feet of gross residential floor area shall be allowed for each one hundred (100) square feet of buildable site area, or an increase of thirty three percent (33%) over the existing GRFA found on the property, whichever is greater. Multiple -family dwelling units in this zone district shall not be entitled to additional gross residential floor area under section 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance) ", of this title. (Ord. 3(1999) § 1) 12-7H-14: SITE COVERAGE.- Site OVERAGE: Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Lionshead redevelopment master plan. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-15: LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent (20%) of the total site area shall be landscaped, unless otherwise specified in the Lionshead redevelopment master plan. (Ord. 29(2005) § 24.- Ord. 4:Ord. 3(1999) § 1) 12-7H-16: PARKING AND LOADING.- Off OADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least one-half (1/2) of the required parking shall be located within the main building or buildings. (Ord. 3(1999) § 1) 12-7H-17: LOCATION OF BUSINESS ACTIVITY: A. Limitations, Exception: All offices, businesses and services permitted by zone district shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, the outdoor display of goods, or outdoor restaurant seating. B. Outdoor Displays: 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. 3(1999) § 1) 12-7H-18: MITIGATION OF DEVELOPMENT IMPACTS.- Property MPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not V. limited to, the following: employee housing per the town's current employee housing policy, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. 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. ZONING ANALYSIS Address: 715 West Lionshead Circle Legal Description: Lot 1 West Day Subdivision Lot Area: 1.972 acres (85,900 sq. ft.) Zoning: Lionshead Mixed Use 1 (LMU-1) Land Use Designation: Lionshead Redevelopment Master Plan Area Mapped Geological Hazards: None Development Required by Town Proposed Complies? Standard Code Lionshead Mixed Use -1 District Lot Size Min. 10,000 sq. ft. 1.972 acres (85,900 Complies/No Change East: Mixed Use sq. ft.) District Minimum Setbacks Front — 10' North: 0' No Change Side — 10' South: 60' Rear — 10' East: 10' West: 0' Maximum Height 82.5 ft. max 79 ft. max Complies/No Change 71 ft. average 58 ft. average Maximum Dwelling 60 DUs 35 DUs Complies/Increase of units/acre Unlimited AUs 318 DU's two (2) AUs GRFA Max. 250/100 150,383 sq. ft. Complies/Increase of Buildable Site Area or 714 sq. ft. 247,342 sq. ft. Site coverage Max. 70% of site area 64,872 sq. ft. or 69% Complies/No Change maximum or 65,820 sq. ft. Minimum Min. 20% of site area 17,715 sq. ft. or 20% Complies/No Change Landscaping or 17,180 sq. ft. Required Parking* 268 spaces 297 spaces Complies * The Marriott has 60 spaces on site and 237 deeded spaces in the Ritz Carlton for a total of 297. There is currently a 29 space surplus. This application will reduce the surplus by two spaces (2 AUs X .7=1.4 spaces) VI. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Residential Lionshead Mixed Use -1 District South: Residential Lionshead Mixed Use -1 District East: Mixed Use Lionshead Mixed Use -1 District West: Mixed Use Lionshead Mixed Use -1 District VII. REVIEW CRITERIA -MAJOR EXTERIOR ALTERATION Section 12-7H-8, Compliance Burden, Vail Town Code, outlines the review criteria for major exterior alteration applications proposed within the Lionshead Mixed Use 1 (LMU-1) zone district. According to Section 12-7H-8, Vail Town Code, a major exterior alteration shall be reviewed for compliance with the following criteria: 1. That the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district; Staff Response: The purposes of the Lionshead Mixed Use 1 Zone District are stated in Section 12-7H-1, Purpose, Vail Town Code. As stated, the Lionshead Mixed Use 1 Zone District is intended to provide sites within the area of Lionshead for a mixture of multiple -family dwellings, hotels, fractional fee clubs, restaurants, skier services and commercial/retail establishments. The development standards prescribed for the district were established to provide incentives for development in accordance with the goals and objectives of the Lionshead Redevelopment Master Plan. The applicant is proposing the conversion of two (2) group sales offices to two (2) accommodation units. The accommodation use is included in the stated purpose of the Lionshead Mixed Use 1 District. Therefore, Staff finds that the major exterior alteration application complies with not only the intent of the zone district, but also the development standards of the district. Staff finds this criterion to be met. 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan; Staff Response: Chapter 2: Introduction Section 2.3 of the Lionshead Redevelopment Master Plan outlines the six policy objectives of the plan. Staff believes the following objectives are the most germane to this application. 1) Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 3) Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ("live beds" or "warm beds') through new lodging products. Staff believes the proposed major exterior alteration conforms to these policy objectives. The proposed increase in accommodation units assists in the enhancement and maintenance of Vail's vitality and viability. Objective #3 is achieved through improved occupancy rates and the addition of two (2) units to the bed base. Chapter 4: Master Plan Recommendations Chapter 4 of the Lionshead Redevelopment Master Plan provides specific recommendations related to physical and visual connections, public transportation, vehicular and pedestrian circulation, housing, public art and live beds. Staff has included for discussion only those recommendations that are relevant to the proposed expansion and remodel. Section 4.8 of the Lionshead Redevelopment Master Plan addresses parking. As noted earlier in the report, the three parcels that make up the West Day Subdivision are considered one development site for the purposes of zoning. The spreadsheet of approved development allocations places the existing Marriott parking requirement at 268 spaces. This amount includes a 10% parking credit of a multi -use parking facility. According to the information provided by the applicant, the Marriott currently has 297 parking spaces under their control including 237 deeded spaces under the Ritz-Carlton Development and 60 spaces under the east wing of the Marriott. The 297 spaces adequately meet both the existing and proposed parking demand. Section 4.9 of the Lionshead Redevelopment Master Plan addresses housing. The applicant is proposing to mitigate the housing needs created by the new addition through a fee in lieu payment. The housing requirement generated by the proposal is: Net New Accommodation Unit I Limited Service Lodge Unit Proposed 2 units x 0.6 employees I unit x 20% mitigation rate = .24 new employees to be housed Employee Housing Fee in Lieu of $177,733.00 per employee (2017 number*) $42,655.92 *The actual fee in lieu will be determined at the time of building permit review and is subject to change. Section 4.13 of the Lionshead Redevelopment Plan addresses the need for the maintenance, preservation and enhancement of the live bed base. The live bed base is critical to the success of Lionshead and special emphasis has been placed on the importance of increasing the number of live beds as the area undergoes redevelopment. The project proposes to add two (2) additional accommodation units to the live bed base. Staff believes the project meets the recommendations related to live beds. It should be noted that applications for new development or redevelopment which maintain, preserve, and enhance the live bed base in Lionshead have a significantly greater chance of approval in the development review process than those which do not. Chapter 5: Detailed Plan Recommendations Section 5.13 of the Lionshead Redevelopment Master Plan addresses specific recommendations for the Marriott property. Many of these recommendations, including the development of the Gore Creek Residences have been met. Recommendation 5.13.5 discusses the need to preserve and enhance the existing accommodation units. The applicant's proposal is consistent with the recommendations of this section of the Master Plan. Chapter 7: Development Standards This major exterior alteration application conforms to the development standards of both the Lionshead Redevelopment Master Plan and the Lionshead Mixed Use 1 District with the no exceptions. Staff finds this criterion to be met. 3. That the proposal does not otherwise have a significant negative effect on the character of the neighborhood; and, Staff Response: Staff has reviewed the proposal in an attempt to identify any significant negative impacts that may be created on the character of the neighborhood as a result of the construction of the project. The proposal conforms to the development standards of the Lionshead Mixed Use 1 District and is not anticipated to have a negative effect on the character of the neighborhood. Staff finds this criterion to be met. 4. That the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Staff Response: Staff has reviewed the Vail Comprehensive Plan to determine which elements of the Plan apply to the review of this proposal. Upon review of the Plan, Staff has determined that the following elements of the Plan apply: Transportation Master Plan (adopted 1993) Lionshead Redevelopment Master Plan (adopted 1998) The project is subject to the recently adopted Transportation Impact Fee Net New Accommodation Unit / Limited Service Lodge Unit Proposed 2 units x $5,066.00 / unit = $10,132.00 Existing Office (714 sq. ft.) x $5.27 per sq. ft. _ $3,762.78 Transportation Impact Fee, Net New Fee = $6,369.22 *The actual fee in lieu will be determined at the time of building permit review and is subject to change. Staff also believes this proposal complies with the applicable elements of the Lionshead Redevelopment Master Plan (refer to criteria #2 above). In summary, Staff believes that the applicant has presented evidence that the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 District, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan, that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Staff finds this criterion to be met. VIII. STAFF RECOMMENDATIONS The Community Development Department recommends approval, with conditions, of this request for an exterior alteration or modification pursuant to Section 12-7H-7, Exterior Alterations and Modifications, Vail Town Code, to allow for the conversion of two (2) back of house offices to two (2) Accommodation Units, located at 715 West Lionshead Circle (Vail Marriott Mountain Resort)/Lot 1, West Day Subdivision and setting forth details in regard thereto. Staff's recommendation is based upon the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this exterior alteration or modification request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's request for an exterior alteration or modification pursuant to Section 12-7H-7, Exterior Alterations and Modifications, Vail Town Code, to allow for the conversion of two (2) back of house offices to two (2) Accommodation Units, located at 715 West Lionshead Circle (Vail Marriott Mountain Resort)/Lot 1, West Day Subdivision and setting forth details in regard thereto. (PEC18-0024)" Should the Planning and Environmental Commission choose to approve this exterior alteration or modification request, the Community Development Department recommends the Commission imposes the following conditions: 1. The applicant shall mitigate the impact on employee housing of this development in accordance with the provisions of Chapter 12-23, Commercial Linkage, Vail Town Code prior to the issuance of any building permit. 2. The Transportation Impact Fee shall be paid to the Town of Vail by the applicant prior to issuance of any building permit. Should the Planning and Environmental Commission choose to approve the exterior alteration request, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Section Vlll of the Staff memorandums to the Planning and Environmental Commission dated June 25, 2018, and the evidence and testimony presented, the Planning and Environmental Commission finds.- That inds: That the proposed exterior alteration is in compliance with the purposes of the LMU-1 district as specified in section 12-7H-1 of the Zoning Regulations, and 2. That the proposal is consistent with applicable elements of the Vail Comprehensive Plan, and 3. That the proposal does not otherwise negatively alter the character of the neighborhood. " IX. ATTACHMENTS A. Vicinity Map B. Applicant Narrative, dated May 29, 2018 C. Floor plans, dated March 3, 2018 Marriott Hotel Major Exterior Alteration (PEC18-0024) 715 W Lionshead Circle/Lot 1, West Day Subdivision oai 00 Subject Property t, t I I tl,� —p I. r --- L --J ------ I Feet ,I—n ,r,,l l,n, —1 s ppr,,,—to, 0 25 50 100 Let Modified: June 18, 2018 TOWN OF MAIL' Vail Marriott Mountain Resort Application for a Major Exterior Alteration in the Lions head Mixed Use -1 Zone District to allow for the Conversion of Sales Office to Accommodation Units Submitted: May 29, 2018 Vu I ;kd Mauriello Planning Group 1. Introduction The Vail Marriott Mountain Resort, located at 715 W. Lionshead Circle, is requesting a Major Exterior Alteration to allow for the conversion of an area of existing group sales office to two new accommodation units for a total of 320 accommodation units on the property. Though there are no exterior modifications with the request, the Vail Town Code requires a Major Exterior Alteration application for the addition of accommodation units. Accommodation units are a permitted use on the second floor and the proposed accommodation units are located on the second floor of the building. The Vail Town Code defines a Major Exterior Alteration as follows: 12-7H-7 B. Major Exterior Alteration: The construction of a new building or the alteration of an existing building which ad d sadditional dwelling units, accommodation units fractional fee club units, timeshare units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the administrator) shall be reviewed by the planning and environmental commission as a major exterior alteration in accordance with this chapter and section 12-3-6 of this title. South elevation of the Vail Marriott. Location of the space to be converted to two accommodation units. The following floor plans show the existing office space configuration and how the space will be converted to two accommodation units: The proposed addition of two hotel rooms will increase lodging revenues to the owner and generate additional tax revenues to the Town with little overall negative impact to the community. Parking for the additional hotel rooms can easily be accommodated given the surplus parking available to the Marriott and employee housing impacts are being appropriately mitigated through the fee -in -lieu program. Vail Marriott Mountain Resort May 2018 2 Existing floor plan of group sales office eo Y SD IF Q SALES OFFICE DEMO PLAN KEY PLAN - LEVEL 1 CENTER Al.l Vail Marriott Mountain Resort May 2018 3 2. Background The Marriott site was annexed into the Town of Vail in August of 1969. According to Eagle County records, the existing building was originally constructed in 1983. The property was originally zoned Commercial Core 2 District and was rezoned to Lionshead Mixed Use 1 District in 1999. The west wing of the hotel suffered a fire in November 2000 that effectively destroyed the upper floors of the hotel. The conference center below and most of the center wing were largely unaffected. The owner at the time, Host Marriott, gutted the entire west wing and rebuilt it with new guest room layouts but stayed largely within the previous bulk and mass of the building, as was defined by the preexisting steel structure. Reconstruction was completed in 2002. Various modifications have been made to the structure since the reconstruction. Most recently, a Major Exterior Alteration was approved in 2014, allowing for an increase of accommodation units to 324. However, this project was never constructed and the approval has since expired. The Marriott currently has 318 accommodation units, 35 dwelling units, along with existing retail, restaurant, spa, and conference facilities. It currently has 297 parking spaces available to serve its uses. It is the largest hotel in Vail, with Hotel Talisa being the second largest with 285 accommodation units. The property is unique in that it spans 2 lots in different subdivisions. The western lot is Lot 1 of the West Day Lot Subdivision. The development potential of this subdivision is split among the Marriott property, Ritz property and the Gore Creek Place property. In addition, there is shared parking amongst these 3 properties. The eastern lot is the Mark Lodge property which is not part of the West Day Lot Subdivision. In 2006, in Parcel Map showing the West Day Lot Subdivision. For zoning conjunction with the West Day Lot purposes, the West Day Lot Subdivision is treated as one Subdivision, the parties and the Town development site. However, a portion of the Marriott is agreed to the "West Day Lot/ located outside the subdivision. Marriott Hotel/Gore Creek Place Approved Development Plan/Development Allocations. This document outlines the development standards and requirements, along with future development potential, for each of the properties. The Marriott property, including Lot 1 and the Mark Lodge property are being treated as one "site" as it always has been in the past. Vail Marriott Mountain Resort May 2018 4 There is some discrepancy in the number of existing accommodation units located within the Marriott. With the project in 2014, the supporting information indicates there were 315 existing accommodation units (they were proposing an increase to 324). However, there are currently 318 accommodation units, according to the management of the hotel. The 4 room discrepancy is likely due to the use of 4 rooms for group hospitality that were not included in the 2014 count of hotel rooms. These units have now been accounted forwith this application. Vail Marriott Mountain Resort May 2018 5 3. Zoning Analysis Proposed changes from the existing project are indicated in red. Address: 715 West Lionshead Circle Legal Description: Lot 1, West Day Subdivision and Mark Lodge Parcel Zoning: Lionshead Mixed Use -1 Land Use Designation: Lionshead Redevelopment Master Plan r- Allowed/Required Existing .16 Proposed Setbacks 10 ft./30 ft. on n. 10 ft. property line No Change Height -max 82.5 ft. 80.6 ft. No Change Height -average 71 ft. 59 ft. No Change Density 60 DU 35 DU No Change - DU Unlimited AU 318 AU 320 AU GRFA +714 sq. ft. 247,342 sq. ft. 149,669 sq. ft. =150,383 sq. ft. Site Coverage 65,820 sq. ft. 15,175 sq. ft. 153,684 sq. ft. No Change Landscape Area 17,175 sq. ft. No Change Parking 268 297 spaces No change The 2006 West Day Lot/ Marriott Hotel/ Gore Creek Place allocated the development potential and existing require mentsforeach lot within the West Day Lot Subdivision. The Vail Marriott is currently required to have 268 parking spaces. There are currently 60 spaces on the Marriott property, and 237 deeded spaces within the Ritz structure, fora total of 297 spaces allocated to the Marriott. There is currentlya surplus of 29 spaces. The parking analysis for the proposed 2 additional units is provided in the table below: Calculation Multi -Use Reduction Parking Required Accommodation Units (2) 0.7 spaces per accommodation unit 10% 1.26 As a result, followingthe addition of the 2 accommodation units, there remains a credit of 27.74 spaces. The addition of two accommodation units is subject to the recentlyadopted Transportation Impact fee based on the following formula: 714 SF * $5.27/SF = $3,762.78 2 AU's * $5066/AU= $10,132 Net New Fee = $6,369.22 Vail Marriott Mountain Resort May 2018 6 4. Employee Housing Plan Section 12-23-8: Administration, of the Vail Town Code requires the submittal of an Employee Housing Plan forall projects subject to development review. A. Calculation Method: The calculation of employee generation, including credits if applicable, and the mitigation method by which the applicant proposes to meet the requirements of this chapter; Applicant Analysis: Commercial Linkage Requirement: Use New AU Units Formula Employees Mitigation Generated Rate 2 au 0.6 employees per au 1.2 20% Fee: I (Rate of $177,733 * employees to be housed) E mployeesto be Housed Mill 0.24 $42,655.92 The applicant is proposing fee -in -lieu to meet this requirement. Based on the current adopted fee of $177,733 per employee to be housed, the total fee required is $42,655.92 and the applicant will be responsibleto pay the fee at building permit. B. Plans: A dimensioned site plan and architectural floor plan that demonstrates compliance with section 12-23-3, "Size And Building Requirements", of this chapter; Applicant Analysis: A dimensioned site plan and architectural floor plan has been provided with this submittal. C. Lot Size: The average lot size of the proposed E HUs and the average lot size of other dwelling units in the commercial development or redevelopment, if any; Applicant Analysis: This is not applicable to this application. D. Schedules: A time line for the provision of any off site E HUs; Applicant Analysis: This is not applicable to this application. E. Off Site Units: A proposal for the provision of any off site EHUs shall include a brief statement explaining the basis of the proposal; Applicant Analysis: This is not applicable to this application. F. Off Site Conveyance Request: A request for an off site conveyance shall include a brief statement explaining the basis forthe request; Vail Marriott Mountain Resort May 2018 7 Applicant Analysis: This is not applicable tothis application. G. Fees In Lieu: A proposal to pay fees in lieu shall include a brief statement explaining the basis of the proposal; and Applicant Analysis: Because the requirement is to mitigate for 0.42 employees, the applicant is proposed to pay fees in lieu as is allowed by Section 12-23-6 B. This section states: "...the choice of method(s) used to mitigate the employee housing requirements of this chapter shall be at the sole discretion of the applicant." H. Written Narrative: A written narrative explaining how the employee housing plan meets the purposes of this chapter and complies with the town's comprehensive plan. Applicant Analysis: Section 12-23-1: Purpose and Applicability, of the Vail Town Code provides the purpose of the Commercial Linkage Requirements: The purpose of this chapter is to ensure that new commercial development and redevelopment in the town provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopment. The mitigation rates were established by the Town of Vail Employee Housing Nexus study. These rates are based on a survey of various properties in mountain communities. The TownVail Land Use Plan off ersthe following goals with regard to employee housing: 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 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 Marriott Mountain Resort May 2018 8 5. Criteria for Review The Lionshead Mixed Use -1 Zone District does not supply crite riaforreview for a Major Exterior Alteration. However, it does provide fora "compliance burden." 12-711-11-8: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the d esignreview board that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead mixed use 1 district, that the proposal is consistent with applicable elements of the Lionshead redevelopment master plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. A. Purpose of the LMU-1 Zone District 0urAnalysis: The Lionshead Mixed Use 1 zone district was created in 1999, as the implementation phase of the Lionshead Redevelopment Master Plan. The zone district rezoned all Lionshead properties from Commercial Core 2 to LMU-1. It intended to create incentives for properties to redevelop. The purpose of the LMU-1 zone district is as follows: The Lionshead mixed use 1 district is intended to provide sitesfor a mixture of multiple - family dwellings, lod ges, hotels, fractional f ee clubs, timeshares, lod ge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead mixed use 1 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Additionally, the incentives are created to help finance public off site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. Vail Marriott Mountain Resort May 2018 9 As indicated in this purpose statement, the intent of the Lionshead Mixed Use 1 zone district is to provide sites for a mix of multiple -family dwellings, lodges, hotels, etc. It was specifically designed to provide incentives for redevelopment, with an overriding goal to create vibrant lodging. As a result, accommodation units are encouraged as they do not count towards the density limitation. The addition of the 2 new accommodation units complies with the intent of the zone district and complies with the development standards of the district. B. Lionshead Redevelopment Master Plan Compliance 0urAnalysis: The Lionshead Redevelopment Master Plan was adopted by the Town of Vail on December 15, 1998. It is a guide for property owners proposing to undertake development or redevelopment of their properties and the municipal officials responsible for planning public improvements. The Lionshead Redevelopment Master Plan (LRMP) sets out recommendations for the entire Lionshead area, provides detailed plan recommendations for specific areas, and outlines site design and architectural design guidelines, and then provides specific development standards that are implemented through the Lionshead Mixed Use -1 zone district. The Lionshead Redevelopment Master Plan was adopted a few years before the fire at the Marriott. As a result, many of the site specific recommendations for the Marriott were implemented with the rebuilding of the property, along with the subsequent development of the Ritz and Gore Creek Place properties. Below is the language from the LRMP that is applicable to the Marriott and this application specifically: Section 2.3 Policy Objectives provides the six policy objectives of the Lionshead RedevelopmentMaster Plan. Policy 2.3.3 specifically outlines the goal of increasing the number of "live beds" in Lionshead: 2.3.3 Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ('live beds" or "warm beds") through new lodging products. Live beds and warm beds are best described as residential or lodging rooms or units that are designed for occupancy by visitors, guests, individuals, or families on a short term rental basis. In order to improve occupancy rates and create additional bed base in Lionshead, applications for new development and redevelopment projects which include a residential component shall provide live beds in the form of accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (i.e, lock -off units), or dwelling units which are included in a voluntary rental management Vail Marriott Mountain Resort May 2018 10 program and available for short term rental. Further, it is the expressed goal of this Plan that in addition to creating additional bed base through new lodging products, there shall be no net loss of existing live beds within the Lionshead Redevelopment Master Plan study area. 3.11 Economic Conditions The third Lionshead policy objective adopted by the Vail Town Council states a desire for a "stronger economic base through increased live beds." This policy objective recognizes that a large percentage of the Town of Vail's operating budget comes from sales tax revenue. Tax revenue is derived from retail and commercial sales and, in a resort environment, the primary source of retail revenue is the destination visitor. 4.13 Live Beds The maintenance, preservation, and enhancement of the live bed base are critical to the future success of Lionshead and as such, special emphasis should be placed on increasing the number of live beds in Lionshead as the area undergoes redevelopment. The Lionshead area currently contains a large percentage of the Town's overall lodging bed base. The bed base in Lionshead's consists of a variety of residential and lodging products including hotels, condominiums, timeshares and hybrids of all three. The vast majority of live beds in Lionshead are not accommodation units in hotels, but instead, in dwelling units in residential condominiums such as the Vail 21, Treetops, Antlers Lodge, Lion Square Lodge, Lifthouse Lodge, Landmark Tower and Townhomes, Lionshead Arcade, and Montaneros, all of which have some form of rental/ property management program that encourages short term rental of dwelling units when the owners are not in residence. It has been the experience in Lionshead that condominium projects which include a voluntary rental management program have occupancy rates which exceed the occupancy rate of hotel products, and therefore tend to provide more live beds and produce more lodging tax revenues to the Town. Applications for new development or redevelopment which maintain, preserve, and enhance the live bed base in Lionshead have a significantly greater chance of approval in the development review process than those which do not. 5.13 The Marriott With approximately 320 rooms, the Marriott is the largest supply of hot beds in Lionshead. The single largest structure in Lionshead, it is also very visible, especially from the west. It is consequently a high priority renovation project, and all reasonable measures should be taken by the Town of Vail to encourage and facilitate its enhancement. As indicated in the Lionshead Redevelopment Master Plan, one of the overridinggoals is to provide additional live beds at every opportunity. In this case, no exterior modifications are necessary, no hotel amenities are lost, and adequate parking exists to Vail Marriott Mountain Resort May 2018 11 C. serve the units. Asa result, the addition of two accommodation units complies with the Lionshead Redevelopment Master Plan. Character of the Neighborhood Our Analysis: This neighborhood of Lionshead has undergone vast and exciting changes over the past few years. Both the Antlers and the Vail Marriott were early redevelopment projects spurred on by the adoption of the Lionshead Redevelopment Master Plan. Other projects followed, including the development of the Lion, the Ritz and Gore Creek Place. Vail Spa recently completed extensive exterior improvements, and the Enzian is currently renovating the exterior. This neighborhood accounts for a vast number of live beds for the Town of Vail. The addition of two new accommodation units will have a positive effect on the character of the neighborhood. Map of the area. Almost all properties in the neighborhood have undergone redevelopment and/or renovations. Other Applicable Elements of the Vail Comprehensive Plan OurAnalysis: The Lionshead Redevelopment Master Plan has been covered in depth in previous sections of this submittal and is incorporated here by reference. The Vail Land Use Plan, which was originally adopted in 1986, also includes goals that are applicable to this project. 1.3 The quality of development should be maintained and upgraded whenever possible. Vail Marriott Mountain Resort May 2018 12 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 3.1 The hotel bed base should be preserved and used more efficiently. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guid ePlan and the Vail Village Master Plan. Now over 30 years old, the Town of Vail Land Use Plan is outdated in general, but many of the concepts of the plan are applicable to development today. The addition of two accommodation units to the Marriott helps to furtherthese goals as outlined in the Vail Land Use Plan. Vail Marriott Mountain Resort May 2018 13 6. Adjacents VAI L SPA CO NDOASSO C EAST WEST RESORTS PO BOX5480 AVON, CO 81620 ENZIAN ATVAILCONDOASSOC GEOFFREYWRIGHT DESTINATION RESORTS 610 W. LIONSHEADCIR VAIL,CO 81657 MONTAN EROS CONDOASSOC WVR COLORADO LLC 641 W. LIONSHEADCIR VAIL,CO 81657 LION SQUARE CONDOASSOC WILLIAMANDERSON 660 W. LIONSHEADPLACE VAIL,CO 81657 LIO N SQUAR E NO RTH CO NDOASSO C BILLANDERSON 660 W. LIONSHEADPLACE VAIL,CO 81657 LIONSQUAREPHASE II AND III CONDOASSOC WILLIAMANDERSON 660 W. LIONSHEADPLACE VAIL,CO 81657 ANTLERS CONDOASSOC 680 LIONSHEADPL VAIL,CO 81657-5212 GORE CREEK PLACE HOMEOWNERSASSOC ATTN. PARK DATSKO 728 W. LIONSHEADCIR VAIL,CO 81657 WDL VAILCONDOMINIUMASSOC PO BOX959 AVON, CO 81620 Vail Marriott Mountain Resort THE LIONOWNERS LIONVAIL LCC PO BOX3149 VAI L, CO 81658-3149 BRAUBURREAL ESTATE THE LION LLC 430 GRAND BAY DR APT 806 KEY BISCAYNE, FL 33149-1938 INVERALL INC 15365 MEADOWWOODDR W E L L INGTO N,F L 33414-9006 MAFITA LLC 701 W LIONSHEADCIR UNIT W205 VAI L, CO 81657-5070 FAMAT LION LLC 701 W LIONSHEADCIR UNIT E209 VAI L, CO 81657-5070 KREYCIK, JONATHANR. & ALLYSON K. 1094 BUFFALO RIDGE RD CASTLE ROCK,CO 80108-8189 RJM INVESTMENTSLLC REFORMA2233 NJ2 MEXICO CITY 11000 MEXICO CAMILIO LLC TRASMONTE600 CASA3 BOSQUESDE SANTE FE CONONIA SAN MATEO TLALTENANGO DELEGACION CUAJIMALPA 05600 MEXICO DODD,ROBERT&JULIE 633 N VICTORIAPARK RD FORTLAUDERDALE, FL 33304-3432 NL6LLLC REFORMA2655 #2 LO MASALTAS DF CP 11920 MEXICO May 2018 14 INFINITY HO LDINGSATVAIL LLC 7400 E CRESTLINE CIR 125 GREENWOODVILLAGE,CO 80111-3654 Vail Marriott Mountain Resort May 2018 15 MARK LODGEOWNERS LIONVAIL E307 LLC 100 BARCLAY ST APT 13D KUSHNER, SANDRA R. & LOUIS NEW YORK,NY 10007-0110 IN CAREOFNAME LOUISKUSHNER 310 GRANT STFL3 BO RN FREE MANAGEMENT INC PITTSBURGH, PA 15219-2272 IN CARE OF NAME BRUCE CHAPMAN PO BOX6500 BOSELLI FAMILY PTNSHP VAIL,CO 81658-6500 790 NIWOTRIDGE LN LAFAYETTE, CO 80026-3426 BDN PROPERTIES LP 675 3RD AVE FL 26 VAILVALLEY RENTALS LLC NEW YORK,NY 10017-5724 140 FAIRFAX ST DENVER, CO 80220-6332 PHILLIPS VAIL LLC 150 W 56TH ST APT 4103 FINK, DAVIDH. & AMY L. NEW YORK,NY 10019-3837 3630 PINE HILL CT W BLOOMFIELD, MI 48323-3577 DAVIDJ. AYRE REVOCABLE TRUST 7087 VERDE WAY CHOCOLATE CUP LLC NAPLES,FL 34108-6517 140 FAIRFAX ST DENVER, CO 80220-6332 TAYLOR CQTVALLEY COLORADO LLC 2600 E HALLANDALE BEACH BLVD APT 1601 CAPLA,TO MASJ. & JUDITH J. HALLANDALE, FL 33009-4867 2500 JO HNSO NAVE APT 15D BRONX, NY 10463-4943 PAREMA REAL ESTATE LLC 216 W VILLAGE BLVD STE 302 FILES,JEFF P. LAREDO, TX 78041-2322 11 STALEY PL DURHAM, NC 27705-2421 VAIL REAL ESTATE PROPERTY LLC 42 GRAND BAYESTATES CIR FLEISCHER, WILLIAM E. & SHARON K. KEY BISCAYNE, FL 33149-1930 1645 CAMBRIDGE DR L E BANO N,PA 17042-7500 CARALVA LIONHOLDINGSLLC 701 W LIONSHEADCIR UNIT E602 BILLOTTI, PATRICIA VAIL,CO 81657-5070 18 POWDERHILL SADDLE RIVER, NJ 07458-3215 BENVAIN 182 LLC 19428 PRESIDENTIAL WAY GJELLSTAD, ROGER& RENAE MIAMI, FL 33179-6446 PO BOX805 STANLEY, ND 58784-0805 INFINITY HO LDINGSATVAIL LLC 7400 E CRESTLINE CIR 125 GREENWOODVILLAGE,CO 80111-3654 Vail Marriott Mountain Resort May 2018 15 SCHNELL,PAUL & MADELEINE D. 340 MADISON AVE FL 21 NEW YORK,NY 10173-0401 DIAMONDROCK VAILOWNER LLC IN CARE OF NAME DIAMONDROCK HOSPITALITY CO 2 BETHESDA METRO CTR STE 1400 BETHESDA, MD 20814-5390 ARTINIAN,RONALDJ. & KARINS. 230 AUGUSTACT ROSLYN, NY 11576-3053 Vail Marriott Mountain Resort May 2018 16 neo=d SO Sub,1 Duce: Muy 29, 2018 U ,. NEW GUEST ROOMS _i) rx KEY PLAN -LEVEL 1 CENTER A1.0 SALES OFFICE DEMO PLAN U -a iN ------------ KEY PLAN -LEVEL 1 CENTER neo=d SD City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: June 25, 2018 ITEM/TOPIC: A request for the review of an Exemption Plat, pursuant to Section 13-12-3, Plat Procedure and Criteria for Review, Vail Town Code, to incorporate a portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing into the existing property located at 366 Hanson Ranch Road/Lot d, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. (PEC18- 0025) ATTACHMENTS: File Name Staff Memorandum.pdf A. Vicinity Map.pdf B. Applicant Narrative May 2018.pdf Description Staff Memorandum A. Vicinity Map B. Applicant Narrative, May 2018 C. Exemption Plat Lot 1 366 Hanson Ranch Road April 2018.pdf C. Exemption Plat, Lot 1, 366 Hanson Ranch Road, April 2018 0) rnwN of vain Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 25, 2018 SUBJECT: A request for the review of an exemption plat, pursuant to Section 13-12-3, Plat Procedure and Criteria for Review, Vail Town Code, to incorporate a portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing into the existing property located at 366 Hanson Ranch Road/Lot d, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. (PEC18-0025) Applicant: VailPoint LLC, represented by Pylman & Associates, Inc. Planner: Jonathan Spence I. SUMMARY The applicant, VailPoint LLC, represented by Pylman & Associates, Inc., is requesting final review of an exemption plat application, pursuant to Title 13, Chapter 12, Exemption Plat Review Procedures, Vail Town Code, to incorporate a portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing into the existing property located at 366 Hanson Ranch Road. The Community Development Department is recommending approval of the Exemption Plat application with the findings as listed in Section VIII of this memorandum. For reference, the attachments include a Vicinity Map (Attachment A), applicant's narrative (Attachment B), and a copy of the proposed plat (Attachment C). II. DESCRIPTION OF THE REQUEST The applicant is requesting a final review of an exemption plat application, pursuant to Title 13, Chapter 12, Exemption Plat Review Procedures, Vail Town Code, to incorporate a portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing into the existing property located at 366 Hanson Ranch Road. The proposal will result in the creation of a plat entitled: "Exemption Plat, Lot 1, 366 Hanson Ranch Road, Town of Vail, Eagle County, State of Colorado" (Attachment C). III. BACKGROUND In 1963, Vail Associates conveyed the entirety of Lot d, Block 2, Vail Village First Filing (Lot d) to Christiania -at -Vail, Inc. (VailPoint's predecessor in title). Lot d is comprised of the present-day Christiania at Vail Lodge, the Chateau Christian Condominiums, and the single family residence at 366 Hanson Ranch Road. Over time and apparently prior to enactment of subdivision regulations in the Town, Christiania- at -Vail, Inc. severed portions of Lot d. They did so by recording deeds that described these smaller parcels by metes and bounds description. These deeds effectively served to subdivide Lot d, although not through the process that would be required today. The property at 366 Hanson Ranch Road is one of these severed parcels. The property has an existing residence that was built in the early 1960s, prior to the incorporation of Vail as a Town in 1966. It is located between the Christiania at Vail Lodge and Chateau Christian Condominiums to the west, and the Tivoli Lodge to the east. The land to the south of the home and to the east of the home (between the home and the Tivoli Lodge) is owned by Vail Resorts. The land to the east of the home is Lot d-1, Block 2, Vail Village Fifth Filing. The lands south of the home are a part of Tract E, Vail Village Fifth Filing. For as long as 50 years, the existing property and the proposed properties subject to the replatting by this application have been surrounded by a fence. For unknown reasons, the fence was not built on the deeded property line and instead encloses a larger area, both to the south and east. All previous owners have treated the fenced area as an integral part of the property and have landscaped and maintained it consistent with the remainder of the property. In January, 2018, the Eagle County District Court entered an Order and Decree Quieting Title (Court Order) to this area outside the deed boundary but inside the fence. Recognizing the historic conditions, the Court Order declared VailPoint to be the fee simple owner of all of the lands within the fence. The intent of this application is to complete the process started by the Court Order. The exemption plat application consolidates all properties within the fence (historical boundary). The total area of land within the existing fence and proposed lot is 13,242 square feet. The original metes and bounds description of the 366 Hanson Ranch Road property consists of 7,862 square feet. The additional area within the fence that the Court recognized as VailPoint's property is 5,380 square feet. Town of Vail Page 2 IV. APPLICABLE PLANNING DOCUMENTS Title 13: Subdivision Reaulations, Vail Town Code (in part) 13-12-1: PURPOSE AND INTENT: The purpose of this chapter is to establish criteria and an appropriate review process whereby the planning and environmental commission may grant exemptions from the definition of the term "subdivision" for properties that are determined to fall outside the purpose, purview and intent of chapters 3 and 4 of this title. This process is intended to allow for the platting of property where no additional parcels are created and conformance with applicable provisions of this code has been demonstrated. 13-12-2: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: "Exemption plats", as defined in section 13-2-2 of this title, shall be exempt from requirements related to preliminary plan procedures and submittals. Exemption plat applicants may be required to submit an environmental impact report if required by title 12, chapter 12 of this code. 13-12-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: The procedure for an exemption plat review shall be as follows.- A. ollows: A. Submission of Proposal; Waiver of Requirements: The applicant 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 requirements may be waived by the administrator and/or the planning and environmental commission if determined not applicable to the project. B. Public Hearing: The administrator will schedule a public hearing before the planning and environmental commission and follow notification requirements for adjacent property owners and public notice for the hearing as found in subsection 13-3-6B 1 of this title. 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 exemption plat application or the exemption plat application 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 the applicant. The criteria for reviewing the plat shall be as contained in section 13-3-4 of this title. Town of Vail Page 3 V. SURROUNDING LAND USES Existing Use Zone District North: Lodging/Multifamily Public Accommodation (PA) District South: Open Space Agriculture and Open Space (A) District East: Lodging/Multifamily SDD #37, Tivoli Lodge with an underlying Site Area zoning of Public Accommodation (PA) 7,862 sq. ft. District West: Lodging/Multifamily SDD #28, Christiania at with an underlying 5,380 sq. ft. (area to zoning of Vail Public Accommodation (PA) District VI. ZONING ANALYSIS Address: 366 Hanson Ranch Road Legal Description: Part of Lot d, Block 2, Vail Village First Filing, a portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, vail Village Fifth Filing Existing Zoning: Public Accommodation (PA) District and Agriculture and Open Space (A) District Proposed Zoning: Public Accommodation (PA) District Land Use Plan Designation: Vail Village Master Plan Current Land Use: Single Family Dwelling Unit Anticipated Future Land Use: TBD Geological Hazards: None Development Allowed / Existing Proposed Standard Required Site Area 10,000 7,862 sq. ft. 13,242 sq. ft. 5,380 sq. ft. (area to be incorporated) Setbacks Front -20 ft. Front: 15 ft. Front: 15 ft. Rear -20 ft. Rear: 7 ft. Rear: 38 ft. Side -20 ft. Side (W): 14 ft. Side (W): 14 ft. Side (E): 3 ft. Side (E): 33 ft. Density 25 units per 1 unit No Change acre of buildable site area Building 48 ft. sloping Unknown (<30 ft.) N/A Town of Vail Page 4 Height roof 45 ft. flat roof Site Coverage Max. 25% 3,145 sq. ft. or 40% 3,145 sq. ft. or 24% Landscaping Minimum 60% 4,305 sq. ft. or 55% 9,685 sq. ft. or 73% 150 sq. ft. per GRFA 100 sq. ft. of Unknown N/A buildable site area.. VII. REVIEW CRITERIA The following are review criteria from Section 13-3-4 Vail Town Code, as required to be reviewed per Section 13-12-3 C: 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 exemption plat 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. Specifically, the exemption plat consolidates three metes and bounds descriptions into one deeded lot. This exemption plat application serves to memorialize the historic use of this fenced, unplatted parcel and implement the Court Order in a manner that provides clarity for the public record. Staff finds this criterion to be met. 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; Staff finds that the proposed exemption plat is in compliance with all standards of Title 13, Subdivision Regulations, and Title 12, Zoning Regulations, Vail Town Code. The lot consolidation results in the property coming into greater compliance with the development standards of the Public Accommodation (PA) District in areas including site area, setbacks, site coverage and landscaping. Staff finds this criterion to be met. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; Town of Vail Page 5 Staff finds the proposed exemption plat presents a harmonious, convenient, workable relationship among land uses that is consistent with municipal development objectives. The consolidation follows the existing fence line, the historical boundaries of the property. Staff finds this criterion to be met. 4. The extent of the effects on the future development of the surrounding area; Staff finds the proposed exemption plat will have no negative impacts on the future development of the surrounding area. The lot consolidation follows the existing fence line, the historical boundaries of the property. Staff finds this criterion to be met. 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; Staff finds the proposed exemption plat will not cause any inefficiency in the delivery of public services and will not require duplication or premature extension of public facilities, and will not result in a leapfrog pattern of development.. No changes are proposed to the location of roads, utilities, easements or other changes that impact the delivery of public services. Staff finds this criterion to be met. 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; Staff finds the utility lines are sized to serve a complete build -out of the site, and which are not impacted by this lot consolidation. Staff finds this criterion to be met. 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; Staff finds that the proposed exemption plat provides for the growth of an orderly viable community and serves the best interests of the community as a whole by allowing a consolidation of lots following the historical property boundaries. Town of Vail Page 6 Staff finds this criterion to be met. 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; Staff finds the proposed exemption plat 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. The lot consolidation will have no impacts on the natural environment. Staff finds this criterion to be met. 9. Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision. VIII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission approve the request for review of an exemption plat, pursuant to Section 13-12-3, Plat Procedure and Criteria for Review, Vail Town Code, tc incorporate a portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing into the existing property located at 366 Hanson Ranch Road/Lot d, Block 2, Vail Village Filing 1. This recommendation is based upon the review of the criteria in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this plat amendment, the Community Development Department recommends the Commission pass the following motion: 'Based on the evidence and testimony presented at this hearing and the review criteria in Section Vll of the staff memorandum, the Planning and Environmental Commission hereby approves a request for a final plat, pursuant to Section 13-12-3 Plat Procedures and Criteria for Review, Vail Town Code, to incorporate a portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing into the existing property located at 366 Hanson Ranch Road/Lot d, Block 2, Vail Village Filing 1., and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve this plat amendment, the Community Development Department recommends the Commission pass the following findings: Town of Vail Page 7 " Based upon the review of the criteria outlined in Section VII of the staff memorandum to the Planning and Environmental Commission dated June 25, 2018, and the evidence and testimony presented, the Planning and Environmental Commission finds: That the subdivision is in compliance with the criteria listed in Section 13-3-4 A, Vail Town Code, and 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, and 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. Applicant Narrative, C. Exemption Plat, Lot Town of Vail May 2018 1, 366 Hanson Ranch Road, April 2018 Page 8 II! "Jill A 366 Hanson Ranch Road Exemption Plat Application Zone District Boundary Amendment Petition May 2018 366 Hanson Ranch Road Exemption Plat Application Zone District Boundary Amendment Petition May 2018 Prepared for: VailPoint, LLC 100 Saint Paul Street Suite 400 Denver CO 80206-5140 Prepared by: Pylman & Associates, Inc. 137 Main Street C107W Edwards CO 81632 970-926-6065 Table of Contents L Introduction 4 II. Existing Conditions 4 III. Existing and Proposed Zoning 5 IV. Exemption Plat Review Criteria 8 V. Zone District Amendment Review Criteria 10 VI. Summary 14 VII. Existing Condition Photographs 15 Figure 1 — Existing Conditions Map 6 Attachments: Eagle County District Court Order and Decree Quieting Title Title Report Lot 1, 366 Hanson Ranch Road Subdivision Exemption Plat 3 L Introduction VailPoint, LLC, a Colorado limited liability company ("VailPoint") is requesting Town of Vail approval for two land use actions: (1) an Exemption Plat pursuant to Title 13, Chapter 12 of the Town of Vail Municipal Code ("Code") and (2) a Zone District Amendment pursuant to Code Title 12, Chapter 3. The exemption plat encompasses property legally described as a Part of Lot d, Block 2, Vail Village First Filing and also including a portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The request is for a consolidation of parcels currently described by metes and bounds into one single lot. The zone district amendment requests rezoning of a portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The lands proposed for zone district amendment fall within the boundaries of the exemption plat. The property address is 366 Hanson Ranch Road. VailPoint is the legal owner of record of the lands within the boundary of the proposed exemption plat. The plat that accompanies this application is titled Lot], 366 Hanson Ranch Road Subdivision. Also submitted with this application in compliance with Code Section 13-3-6.B.3.q(5) is a title commitment prepared by Land Title Guarantee Company, noted as Order No. V500503605 with an effective date of April 30, 2018, in satisfaction of the requirement for evidence of VailPoint's ownership in fee simple of the landswithin the proposed subdivision. In accordance with our pre -application conference on May 22, 2018, it is our understanding that given the nature of this request, the Town is not requiring an environmental impact report, engineering plans, topographical map/grading plan, landscape plan, or other materials identified in Code Section 13-3-6.B.3.q. II. Existing Conditions In 1963, VailAssociates conveyed the entirety of Lot d, Block2, VailVillage First Filing ("Lot d") to Christiania -at -Vail, Inc. (Vail Point's predecessor in title). Lot d is comprised of the present-day Christiania at Vail Lodge, the Chateau Christian Condominiums, and the single family residence at 366 Hanson Ranch Road. Over time—and apparently prior to enactment of subdivision regulations in the Town—Christiania- at-Vail, Inc. severed portions of Lot d. They did so by recording deeds that described these smaller parcels by metes and bounds description. These deeds effectively served to subdivide Lot d, although 0 not through the process that would be required today. The property at 366 Hanson Ranch Road is one of these severed parcels. The property has an existing residence that was built in the early 1960's, prior to the incorporation of Vail as a Town in 1966. It is located between the Christiania at Vail Lodge and Chateau Christian Condominiums to the west, and the Tivoli Lodge to the east. The land to the south of the home and to the east of the home (between the home and the Tivoli Lodge) is owned by Vail Resorts. The land to the east of the home is Lot d-1, Block 2, Vail Village Fifth Filing. The lands south of the home are a part of Tract E, Vail Village Fifth Filing. For as long as 50 years, the property within the proposed exemption plat has been surrounded by a fence. For whatever reason, the fence was not built on the deeded property line and instead encloses a larger area, both to the south and east. The previous owners have all treated the fenced area as an integral part of the property and have landscaped and maintained it consistent with the remainder of the property. In January, 2018, the Eagle County District Court entered an Order and Decree Quieting Title ("Court Order") to this area outside the deed boundary but inside the fence. Recognizing the historic conditions, the Court Order declared VailPoint to be the fee simple owner of all of the lands within the fence. The intent of this application is to complete the process started by the Court Order. The plat application seeksexemption platapproval, consolidating the landsinsidethe fence into a singleparcel.' Simultaneously, the re -zoning application seeks to rezone the property subject to the Court Order from Agriculture and Open Space (A) to Public Accommodation (PA), consistent with the existing zoning of the remainder of Lot d. The total area of land within the existing fence and proposed lot is 13,242 square feet. The original metes and bounds description of the 366 Hanson Ranch Roadproperty consists of 7,862 square feet. The additional areawithin the fence that the Court recognized as VailPoint's property is 5,380 square feet. III. Existing and Proposed Zoning Following the Town of Vail's incorporation in 1966, the town enacted a zoning ordinance for the first time in 1971. The lands in this neighborhood—including the existing home at 366 Hanson Ranch Road, the Christiania, the Tivoli and other neighborhood properties—were zoned as Public Accommodation District ("PA"). The goal of the PA Zoning is to create an active bed base that supports the Town's economic and land use objectives as a destination resort. ' While an exemption plat falls within the Town's subdivision regulations, the term "subdivision" is a misnomer in this situation. Rather than divide property, this application seeks consolidation of two existing parcels. 5 Specifically, as written in Article A, PA Zone District, Code Section 12-7A-1 Purpose of the Code, the stated intention of the PA zone district is to "provide sites for lodges and residential accommodations for visitors". The list of permitted uses does not include the existing use of a single family residence. In addition, the minimum lot size allowedin the PA Zone District is 10,000square feet. As the home was apparently constructed prior to incorporation of the town and the establishment of the zoning, the existing use is classified as a legal non -conforming use and the lot has been considered a legal non -conforming parcel. Although the Town's zone boundaries are not drawn at a scale sufficient to understand where exactly the boundary between districts actually lies, since zone district boundaries typically follow platted property lines, the property that is the subject of the Court Order—that is, the portion of Lot d-1, Block 2 Vail Village Fifth Filing and the portion of Tract E, Vail Village Fifth Filing that are within the fenced area are presumably zoned Agricultural and Open Space ("A'). Consistent with Code Section 12-5-5's guidance that zone boundaries follow lot lines, a companion re -zoning application requests that the landssubject to the Court Order be zoned to match the existing PA Zone District of the remainder of the proposed lot. This will bring the lot into conformance with the 10,000square foot minimum size requirement for the PA zone district and rectify the non -conforming lot status. The existing fence will become both the lot line and the zone district boundary. See Figure 1, Existing Conditions. 410 -4 IV. Exemption Plat Review Criteria Code Section 13-2-2 defines Exemption Plat as "The platting of a portion of land or property that does not fall within the definition of a "subdivision" as contained in this section. A "Subdivision" means a tract that is divided into two or more lots. Therefore, the Exemption Plat process is appropriate because this platting consolidates, rather than divides, tracts. Code Title 13, Chapter 12 establishes the Exemption Plat review procedures and references the standard Town of Vail criteria for review of a Final Plat as the criteria for review of an Exemption Plat. These criteria are set forth in Code Section 13-3-4. Final Plat Review Criteria: The extent to whichthe proposed subdivision is consistent withall the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. Applicant response: Typically, properties within the Town are platted; this property is perhaps a rare exception. Defining property boundaries by subdivision—rather than by metes and bounds description—provides simplicity and certainty for landowners and local jurisdictions alike. This Exemption Plat application serves to memorialize the historic use of this fenced, unplatted parcel and implement the Court Order in a manner that provides clarity for the public record. The exemption plat does not create new parcels of land; rather. The proposed plat does not have any substantive effect on any the adopted goals, objectives and policies of the Vail comprehensive plan. The recognition of the landswithin the fenced area as a single parcel eliminates the non -conforming size status of the lot and therefore is compatible with and advances the development objectives of the town. 2. The extent to which the proposed subdivision complies 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. Applicant response: The proposed exemption plat application is accompanied by a companion file that requests rezoning of the 5,380 square feet inside the fence to the Public Accommodation ("PA") Zone District. This action will create consistent zoning for all of the lands within the fenced area of 366 Hanson Ranch Road and will also bring the parcel into conformance with the minimum lot size standards for the PA Zone District. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent w ithmunicipal development objectives. Applicant response: The proposedlot has long been used as a single, integrated parcel of unplatted property. The proposed exemption plat, which has been preceded by the Court Order recognizing VailPoint's ownership to the entire fenced parcel, enables the property to be platted consistent with its historic use. Moreover, as described above, the property exists today in something of a historically non -conforming condition, and the requested exemption plat will remedy that, consistent with modern municipal development practices and objectives. The subdivision action will have no material effect upon the land uses outside of the fence. 4. The extent of the effects on the future development of the surrounding area. Applicant response: Because the proposed subdivision consolidates two legal parcels, it should have no effect upon future development of the surrounding area. The extent to whichthe proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. Applicant response: This proposed plat consolidates 5,380 square feet of land into the primary, presently unplatted parcel of 7,862 square feet, all located within the historical fenced area of 366 Hanson Ranch Road. This action will have no adverse effect upon delivery of public services or require any duplication of public facilities. The action does not result in any "leapfrog" pattern of development. 6. The extent tow hich the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines. Applicant response: The proposed plat will not create any demand upon utility service capacities in the service area. 7. The extent to whichthe proposed subdivision provides for the grow thof an orderly viable community and serves the best interest of the community as a whole. 9 Applicant response: The proposedplat proposesno change that would have any effect on the overall orderly viable growth of the community. The consolidation of the parcels within the fence and the companion rezoning application will create a parcel that meets the minimum lot size of the long term PA zoning, eliminating the existing legal non -conforming status of the parcel. Additionally, the proposed plat will formally plat a presently unplatted parcel. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. Applicant response: The proposed plat seeks to plat, for the first time, adjacent lands that have historically been integrated. The subdivision action alone will not result in any change to those lands and therefore will have no effect upon any of the above natural features. 9. Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision. Applicant response: No applicant response necessary. V. Zone District Amendment Review Criteria The petition for zone district boundary amendment requests rezoning of the 5,380 square feet of property thatis the subject of the Court Order; thatis, the property thatis insidethe fence, but outside the historic metes and bounds legal description of the parcel commonly knownas 366 Hanson Ranch Road. The goal of the rezoning application is to align the zoning and plat boundaries. Code Section 12-3-7 sets forth the criteria for the review of amendments to zone district boundaries. Before acting on an application for a zone district boundary amendment, the planning and environmental commission and town council shall consider the following factors with respect to the requested zone district boundary amendment: (1) The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible w ith the development objectives of the tow n 10 Applicant response: The Vail Land Use Plan designates this area of the community as Vail Village Master Plan and utilizes the Vail Village Master Plan as the detailed land use plan. The Public Accommodation Zone district designation for this property is consistent with the adjacent parcels and is consistent with the goals, objectives and policies outlined in the Vail Village Master Plan. The landswithin the fence have long been perceived and used as an integral part of the existing home. The amendment of the zone district boundaries to conform to the fenced area will have little or no overall effect upon the larger goals of the community. The amendment will bring the existing lot into size conformance with the minimum lot size of the existing Public Accommodation Zone District. There are six primary goals of the Vail Village Master Plan. Goals #I and 2 relate to re -development and upgrading of private buildings. Goal #1 does support the high quality upgrading of residential and commercial buildings. This petition is one step in the process of ultimately redeveloping and upgrading the present, obsolete residence. Goal #2 does support the Public Accommodation Zone District designation as an important economic goal of the community. This petition has no relation or bearing on Goals #3, #5 or #6. Goal #4 is relative to open space and is relevant to the zone district boundary amendment request. Because it was within the fence, the 5,380 square feet of area proposed for zone change has likely not ever been apart of the perceived open space corridor behind or adjacent to the home. The Vail Village Master Plan was originally adopted in 1990. The area proposed for re -zoning has been enclosed by a fence, landscaped as part of the yard and used exclusively and privately by the owners of the home since well prior to, and since, 1990. The re -zoning of this land will not impact the historic area of perceived open space that exists in this area. The lands outside of the fence will remain zoned as open space. The Vail Village Master Plan Goals# 1, #2 and#4 and the relevant objectives and policies are indicated below. GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALEOF THE VILLAGE IN ORDER TOSUSTAIN ITS SENSE OF COMMUNITYAND IDENTITY. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR -AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITYAS A WHOLE. Objective 2.1: Recognize the variety of land uses found in the 11 sub -areas throughout the Village and allow for development that is compatible wi ththese established land use patterns. Policy 2.1 The zoning code and development review criteria shall be consistent with the goals and objectives of the Vail Village MasterPlan. 11 Objective 2.3: Increase the number of residential uni tsavailable for short term overnight accommodate ons. Policy 2.3.1: The development of short term accommodation uni tsisstrongly encouraged. Residential units that are developed above existing density levels are requi redto be designed or managed in a manner that makes them available for short term overnight rental. GOAL #4 TO PRESERVE EXISTING OPENSPACEAREAS AND EXPAND GREENSPACE OPPORTUNITIES. Objective 4.1: Improveexisting open space areas and create new plazas wi thgreenspaceand pocket parks. Recogni zethe different roles of each type of open space informing the overall fabric of the Village. Policy 4.1.3: With the exception of ski base -related facilities, existing natural open space areas at the base of Vaf Wountai nand throughout Vail Village and existing greenspaces shall be preserved as open space. (2) The extent tow hichthe zone district amendment is suitable w iththe existing and potential land uses on the site and existing and potential surrounding land uses as set out in the tow n's adopted planning documents. Applicant response: The existing land use of the property is as a yard and landscaping for the adjacent non -conforming single family home. The proposed re -zoning will not, alone, change the existing use of the land that is subject to the rezoning. The Town's GRFA and other development restrictions make it improbable that the use of the vast majority of the area subject to rezoning will materially change, even when the property is re -developed. A potential, conforming future use of the entire parcel under the Public Accommodation zone district would be compatible with the town's adopted planning documents. The proposed zone district boundary amendment and the companion exemption plat action will resolve a long-term fence boundary issue. The parcel size will now conform to the minimum lot size requirement of the PA zone district. The existing home has been suitable with the surrounding land use and a future, conforming use under the Public Accommodation Zone District would likewise be consistent with adjacent properties. (3) The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent withmunicipal development objective. Applicant response: The proposed amendment adjusts the existing zone district boundaries to apply consistent zoning to all of the fenced area of 366 Hanson Ranch Road. This amendment does not effect to any material extent the harmonious, convenient, workable relationship among land uses. (4) The extent to which the zone district amendment provides for the growthof an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole 12 Applicant response: The zone district boundary amendment proposes to recognize the lot boundary correction and maintains the Public Accommodation zoning of the 366 Hanson Ranch Road property. This zone district designation is consistent with the Vail Village Master Plan and does not constitute spot zoning. The application fosters order in the sense that it aligns zone district and subdivision boundaries. (5) The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including,but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. Applicant response: The proposed amendment has no adverse impact upon the natural environment. The 5,380 square feet that are the subject of this application are currently landscaped as a part of a residential yard and are enclosed by a fence. (6) The extent to whichthe zone district amendment is consistent w iththe purpose statement of the proposed zone district. Applicant response: The historic parcel boundary is zoned Public Accommodation but is legally non -conforming due to its size and present use. The minimum lot size for the PA Zone district is 10,000square feet, the existing home sits on a 7,862 square foot parcel. The addition of the 5,380 square feet will bring the lot into conformance with the minimum size standard. This proposed amendment is completely consistent with the purpose statement of the Public Accommodation Zone District, in fact correcting existing inconsistencies. (7) The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property w as adopted and is no longer appropriate. Applicant response: The property proposed to be re -zoned has been an integral part of the primary home parcel for perhaps as long as zoning has been enacted in the Town of Vail The lands within the fence are not integrated into the adjacent Agricultural and Open Space lands outside of the fence. The property within the fence falls under the same condition as the primary home parcel. The need for the zone district boundary amendment arises from the inconsistency between the historic deeded property boundary and the location of the fence. Now that the fence line has been determined to be the property boundary, it is appropriate to rezone so that the entire property is subject to only one zoning designation. 13 (8) Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. Applicant response: No applicant response is necessary. VI. Summary The proposed exemption plat and zone district amendment applications are intended to consolidate the previously unplatted parcels thathavehad an integrated use for as long as 50 years into one single, platted lot with a consistent zoning. The applications are necessitated by historic errors in boundary descriptions or fence construction, and are the final stage of implementing the "cleanup" reflected by the Court Order. This action is in conformance with theTown'sgoalsas articulated in the VailVillage Master Plan and is in conformance with the Town of Vail's regulations. VII, . Existing Condition Photographs Aerial overview. �. PO - 14 I } r•yA .IVF '� "�! • • % T , .',i'y 2�-{F�sJ:1.1. ILr.L7f'=a:YY•YG7k�fPfAR.].'�%:'A� 1F.�.r L .. 16 Ii } r•yA .IVF '� "�! • • % T , .',i'y 2�-{F�sJ:1.1. ILr.L7f'=a:YY•YG7k�fPfAR.].'�%:'A� 1F.�.r L .. 16 Eagle County, CO Regina O'Brien Pgs: 4 REC: $28.80 DOC: WOO DISTRICT COURT, EAGLE COUNTY, COLORADO Eagle County Justice Center 885 Chambers Avenue Eagle CO 81631 201800453 0110912018 0219735 PM DATE FILED: January 4, 2418 Plaintiff: VAILPOINT, LLC, a Colorado limited liability company ■COURT USE ONLY ■ Defendant: THE VAIL CORPORATION, a Colorado corporation Case Number- 2017CV30207 ORDER AND DECREE QUIETING TITLE T141S MATTER. comes before the Court upon the Stipulation between Plaintiff, VailPoint, LLC, a Colorado limited liability company, and Defendant, The Vail Corporation, a Colorado corporation. The Court, having read and reviewed the Stipulation, the Court file and applicable law, and otherwise being fully advised in the premises, approves the Stipulation, The Court further finds as follows: A. The Court has jurisdiction over the :Plaintiff and the Defendant. B. Venue is proper since this action concerns title to real property located in Eagle County, Colorado. C. Plaintiff and its predecessors have asserted to be in actual, adverse, hostile, open, notorious, exclusive, continuous possession of the Property (defined below) under claim of right, made in good faith, for a period of time in excess of eighteen (18) years. D. Plaintiff and its predecessors in title have had a good faith belief that they owned the'Property and that their belief was reasonable under the circumstances. E. The parties have stipulated and agreed that Plaintiff is and shall be the fee owner of the Property pursuant to C.R.S. §38-41-141. 60783181.3 Eagle Ca", Colorado Certified to be full, true and correct copy of this originall ' my custody. Cate /tO M-54 6v,s3tst.3 IT IS HEREBY ORDERER, ADJUDGED AND DECREED AS FOLLOWS: 1. Title to the real property described on Exhibit A attached hereto (the "Property'} is hereby quieted in Plaintiff, VailPoint, LLC, a Colorado limited liability company, in fee simple. 2. Plaintiff's title to the Property is free and clear of the claims of the Defendant, The Vail Corporation, subject to any and all easements, covenants, restrictions, and all other matters of record duly recorded against tine 'Property. 3. By virtue of this Order and Decree, all claims in this action have been resolved. Each party herein shall fray its own costs expended herein. Dated this day of---J-!It-� 20M BY THR COURT: strict Court Judge 6'14,13nCC!,:�- 60783181.3 EXHIBIT A THE PROPERTY (See attached) DA TV Fl LED Js unhry 5.'-019 ^_ 14 PM PROPERTY DESCRIPTION chat port of Lot d-1, Mock 2, and Tfuet E. Vol VMags, Fdih Flllag, aCCOW64 to thr mop 1norso1 recorded In the oR�ce of the Eogie County. Coleruda. Clerk and R%wder, deedrlbed as IdbWW. Brainnng al the mouth■ext Cam*r of said Lot 0-4, thence olvig this wesWY fkla of wid I,ot d-1 1 pOY1�D'W 69.95 feet to fine northwest carnal of said Lo[ d-1. aigm being on the s lharly right of tray Ilpr IN Hanson Ranch Reo(C then;*, slang khr narthaly I'mo o1 mold Lot d-1, aew bs:ng the sauthsfly rygllt 01 way of Homan Rano road, 32.68 foal along the arc of w cure* to the folk, having o radius of 160,17 feel, a delta ong1. of 11 W22, and a chord that be. N7917'23"'E 32,62 feet: thence dopWYnrg sold northerly I" 50179'36"W IM75 feat. thence M$4404'49'W 131.39 feat to appaaint of the rrtme;w ,f sins ed fine of a pared shorn Pork of Lai d. thence HOD'00'o0'E is.02 Feet to the southwest corner of amd Port OF Lal d; thence done sod #x:enslon. atony the .moth line of said pert of tai o, rNga'n WE! 411.21 reel, to the pont aF belmning' e Wniny 5390 swore fret, mu. a ia.a. r• AkChasl J� # fe q rISJ�f1S_A P Q' 20' 40' 60' `R ,1 r D 6=32' 13' l 4' ROAD 40 R R--160. 17' L'90 07` ? � s��r �V41 k22" 1BO.lr ' �� G l3EliF3�,6� Dq¢N79'IT'23•E la 5 .. CHATEAU w PAR 000 EDT d C14RISTLAN 0.5 ACS TOWNW)USES o LOT d-3 is a � a l� N99OW00% 111.21' TRACT � N 8e'94'�' H' 15r.sW rV»o ,ape v R Y4 CK-Vint JOB vA. rens Isle NO 5213 2 meal er ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: V50050360-5 Customer Ref -Loan No.: Property Address: 366 HANSON RANCH ROAD, VAIL, CO 81657 1. Effective Date: 04-30-2018 At 05:00:00 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: VAILPOINT, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as f ollows: PARCEL 1: THAT PART OF LOT D BLOCK 2, VAIL VILLAGE, FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF, BEGINNING ATTHE SOUTHEAST CORNER OF SAID LOT D BLOCK 2, VAIL VILLAGE, FIRST FILING, THENCE WESTERLYALONG THE SOUTH LINE OF SAID LOT D, A DISTANCEOF 111.21 FEET; THENCE ON AN ANGLE TO THE RIGHT OF 90 DEGREES 00 MINUTES 00 SECONDS A DISTANCE OF 67.80 FEET;THENCE ON AN ANGLE TO THE RIGHT OF 37 DEGREES 12 MINUTES 30 SECONDS A DISTANCE OF 23.61 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF SAID LOT D; THENCE ON AN ANGLE TO THE RIGHT OF 80 DEGREES 08 MINUTES 50 SECONDS AND ALONG SAID NORTHERLY LINE AND ALONG A CURVE TO THE LEFT HAV INGA RADIUS OF 160.17 FEET, A CENTRAL ANGLE OF 32 DEGREES 13 MINUTES 14 SECONDS AN ARC DISTANCE OF 90.07 FEET TO THE NORTHEAST CORNER OF SAID LOT D; THENCE ON AN ANGLE TO THE RIGHT OF 86 DEGREES 51 MINUTES 56 SECONDS AND ALONG THE EASTERLY LINE OF SAID LOT DA DISTANCE OF 69.96 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL 2: THAT PART OF LOT D-1, BLOCK 2, AND TRACT E, VAIL VILLAGE, FIFTH FILING, ACCORDING TO THE MAP THEREOF RECORDED IN THE OFFICE OF THE EAGLE COUNTY, COLORADO, CLERKAND RECORDER, DESCRIBEDAS FOLLOWS: BEGINNING ATTHE SOUTHWEST CORNER OF SAID LOT D-1, THENCE ALONG THE WESTERLY LINE OF SAID LOT D-1 N08000'00"W 69.96 FEET TO THE NORTHWEST CORNER OF SAID LOT D-1, ALSO BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF HANSON RANCH ROAD; THENCE, ALONG THE NORTHERLY LINE OF SAID LOT D-1, ALSO BEING THE SOUTHERLY RIGHT OF WAY OF HANSON RANCH ROAD, 32.68 FEETALONG THE ARC OF A CURVE TO THE LEFT, HAV INGA RADIUS OF 160.17 FEET, A DELTAANGLE OF 11°41'22",AND A CHORD THAT BEARS N7901712311E 32.62 FEET, THENCE DEPARTING SAID NORTHERLY LINE S01029'38"W 108.75 FEET;THENCE N84°04' 48"W 131.39 FEET TO A POINT OF THE EXTENSION OF THE WEST LINE OF A PARCEL SHOWN PART OF LOT D; THENCE ALONG SAID EXTENSION, NOO000'00"E 19.82 FEET TO THE SOUTHWEST CORNER OF SAID PART OF LOT D; THENCE ALONG THE SOUTH LINE OF SAID PART OF LOT D, N90000'00"E 111.21 FEET, TO THE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: V50050360-5 Customer Ref -Loan No.: Copyright 2006-2018 American Land Title Association. All Rights Reserved AME-_ AND TITLE The u se of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of u se. All other ses are prohibited. Reprinted under license f rom the American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: V50050360-5 The f ollowingare the requirements must be met: This proposed Insured must notifythe Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount f orthe estate or interest to be insured. Pay the premiums, fees,and charges f orthe Policy to the Company. Documents satisfactory to the Company that convey the Title or createthe Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 1. RECORD DULY EXECUTED AND ACKNOWLEDGED EXEMPTION PLAT. NOTE: A COPY OF SAID PLAT MUST BE SUBMITTED TO LAND TITLE GUARANTEE COMPANY PRIOR TO RECORDATION. UPON RECEIPTAND REVIEW FURTHER REQUIREMENTSAND/OR EXCEPTIONS MAYBE NECESSARY. 2. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR VAILPOINT, LLC, A COLORADO LIMITED LIABILITY COMPANY RECORDED JUNE 24, 2015 AT RECEPTION NO. 201511553 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES GEORGE H. SOLICH AS THE MANAGER AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR 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. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: V50050360-5 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specif iccovenant, conditions, restriction, or limitation violates state or f ederallaw based on race, color, religion, sex, sexual orientation, gender identity, handicap, familialstatus, or national origin. 1. Any facts,rights, interests, or claims thereof,not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof,not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, f orservices, labor or material heretofore or hereafter f urnished, imposed by law and not shown by the Public Records. 5. Defects,liens, encumbrances, adverse claims or other matters, if any, created, f irstappearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record f orvalue the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof ;(c) water rights, claims or title to water. (ITEMS 8-12 AFFECT PARCEL 1) 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISESAS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899, IN BOOK 48 AT PAGE 475. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899, IN BOOK 48 AT PAGE 475. 10. RESTRICTIVE COVENANTS WHICH DO NOT CONTAINA FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPTTO THE EXTENT THAT SAID COVENANTOR RESTRICTION IS PERMITTED BYAPPLICABLE LAWAS CONTAINED IN INSTRUMENT RECORDEDAUGUST 10, 1962, IN BOOK 174 AT PAGE 179. 11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF VAIL VILLAGE FIRST FILING RECORDEDAUGUST 6, 1962 UNDER RECEPTION NO. 96382. Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: V50050360-5 12. MATTERS DISCLOSED ON IMPROVEMENT LOCATION CERTIFICATE ISSUED BY EAGLE VALLEY SURVEYING CERTIFIEDAPRIL20, 2015, JOB NO. 366HANSONRANCH. (ITEMS 13-19 AFFECT PARCEL 2) 13. RIGHT OF WAY FOR DITCHES AND CANALSAS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899 IN BOOK 48 AT PAGE 475. 14. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, EASEMENTSANDAGREEMENTSAS SET FORTH IN THE WARRANTY DEED RECORDED JULY 10, 1963 IN BOOK 177 AT PAGE 127. 15. COVENANTS, CONDITIONS, RESTRICTIONSAND PROVISIONSAS SET FORTH IN PROTECTIVE COVENANTS OF VAIL VILLAGE FIFTH FILING RECORDED NOVEMBER 15, 1965 IN BOOK 187 AT PAGE 353, AMENDMENT THERETO RECORDEDAUGUST 30, 1971 IN BOOK 221 AT PAGE 496 AND AMENDMENT THERETO RECORDEDAUGUST 27, 1984 IN BOOK 393 AT PAGE 492, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. 16. EASEMENTS, NOTES, COVENANTS, RESTRICTIONSAND RIGHTS-OF-WAYAS SHOWN ON THE PLAT OF VAIL VILLAGE FIFTH FILING, RECORDED NOVEMBER 15, 1965 AT RECEPTION NO. 102538. 17. EASEMENTS, NOTES, COVENANTS, RESTRICTIONSAND RIGHTS-OF-WAYAS SHOWN ON THE PLAT OF A RESUBDIVISION OF TRACT E, VAIL VILLAGE, FIFTH FILING AND A PART OF LOT C, BLOCK 5-C, VAIL VILLAGE, FIRST FILING AND GOLDEN PEAK HOUSE, RECORDEDAPRIL 25, 1995 IN BOOK 665 AT PAGE 983. 18. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED JANUARY 16, 2018 AT RECEPTION NO. 201800801. 19. THE POLICY TO BE ISSUED WILL GUARANTEE FEE OWNERSHIP AND POSSESSION IN ACCORDANCEWITH ITS PROVISIONS, BUT WILL NOT GUARANTEE MARKETABILITY. MARKETABILITY WILL BE GUARANTEED BEGINNING 6 MONTHS FROM THE ISSUANCE OF THE DECREE, PROVIDEDTHATNO STEPS HAVEATTHATTIME BEEN INITIATEDTO SETASIDE OR TO OTHERWISE IMPAIRTHE EFFECTOR VALIDITY OF THE DECREE. JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY Land Title LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY 1AARANITr - LAND TITLE INSURANCE CORPORATION AND _SFA-ef A''p` OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provi dedto you as a customer of Land Title Guarantee Company and Meri di anLand 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 securi tyi s one of our highest priorities. Werecognizethatmaintaininwour trust and confidenceisthe bedrock of our business. We maintainand regularly reviewinternaland external safeguards againstunauthorizedaccessto 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 receivefrom you, i ncludi ngcommunications sent through TMX, our web -based transaction management system; your transactions with, or from the servi cesbei ng performed by, us, our affiliates, or others; a consumer reporti ngagency, if such information is providedto us i n con nectionwithyour transaction; and the publi crecords mai ntai nedby governmental entiti esthatwe eitherobtai ndirectlyfrom those entities,or from our affiliates and non -affiliates. Our policiesregardi ngthe protection of the confidentiality and securityof your Personal Information are as follows: We restrict accessto all Personal Information aboutyou to those employeeswho need to knowthat information in order to provi deproducts and servi cesto you. We mai ntainphysical,electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorizedaccess or intrusion. Employeeswhoviolateour strictpoliciesand procedures regardingprivacy are subject to disciplinary action. We regularly access securi tystandards and proceduresto protect agai nstunauthorizedaccess to Personal Information. WE DO NOT DISCLOSEANY PERSONAL INFORMATION ABOUTYOU WITHANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistentwi th applicable privacy laws, there are some situations i n which Personal Information maybe disclosed. We may discloseyour Personal Information when you director giveus permission;when we are requi red by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or cri mi nalactivities. We also may discloseyour Personal Information when otherwise permittedby applicable privacy laws such as, for example, when disclosureis needed to enforceour rightsarisi ngout of any agreement, transaction or relationship withyou. Our policyregardingdisputeresolutionis as follows. Any controversy or claimarisingout of or relatingto our privacy policy,or the breach thereof, shall be settled by arbitration in accordance withthe rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered i n any court havi ngjurisdi cti onthereof. W" LAND TITLE GUARANTEE COMPANY Land Tififf cuuUM-EE COMPAnr &UCE fes_., DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The Subject real property maybe located in a special taxing district. B) A certificate of taxes due li sti ngeach taxing jurisdi cti onwi II 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 instructionsto the contrary. (for an Owner's Policy of Title Insurance pertai ni ngto a sale of resi denti alreal property) C) The i nformati onregardi ng speci al di stri ctsand the boundaries of such di stri ctsmay be obtained from the Board of County Comm i ssi oners,the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requi resthat all documents received for recording or fi li ngi n the clerk and recorder's office shall contain atop 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 fi li ngi nformati onat the top margin of the document. Note: Colorado Divisionof Insurance Regulations 8-1-2 requires that "Every title entity shalI 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 fi li ngof 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 wi IIn ot appear on the Owner's Title Policy and the Lenders Policywhen issued. Note: Affirmative mechanic's li en protecti onfort he Owner maybe avai Iable(typically by deletion of Exception no. 4 of Schedule B-2 of the Commitment from the Owner's Poli cyto be issued) upon compli ancewiththe 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 materi al -mentor purposes of construction on the land described in Schedule A of this Commitment withinthe past 6 months. C) The Company must receive an appropriate affidavit i ndemni fyi ngthe Company against un-fi led mechanic's and material -men's Ii ens. D) The Company must receive payment of the appropriate premium. E) If there has been constructi on, i mprovementsor major repairsundertaken on the property to be purchased withinsix months prior to the Date of the Commi tment,the requi rementsto obtai n coverage for unrecorded Ii ens wi II i nclude: di sclosure of certai n constructi oni nformati on;fi nanci ali nformati onas to the seller, the bui Ider and or the contractor; payment of the appropriate premi um fully executed IndemnityAgreements satisfactory to the company, and, any additi onalrequi rementsas may be necessary after an exami nati onof the aforesai di nformati onby the Company. No coverage wi II be gi ven under any ci rcumstancesfor labor or materi alfor whi ch the i nsured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, noti ce i s hereby gi ven: Thi s noti ce appli es to owner's poli cy commitmentsdi sclosi ngthat a mi neral estate has been severed from the surface estate, i n 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 a substanti al li keli hoodthat a third party holds some or all interest in oil, gas, other minerals, or geothermal energy i n the property; and B) That such mi neral estate may include the ri ght to enter and use the property wi thoutthe surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly providef alse, incomplete, or misleadi ngf acts or informati onto an insurance company for the purpose of def raudi ng or attempti ngto defraud the company. Penalti esmay include i mpri sonment,fi nes, denial of insurance, and ci vi Idamages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleadi ngfacts or i nformati onto a poli cyholder or clai mantfor the purpose of defraudi ng or attempti ngto defraud the poli cyholder or clai mantwi th regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Divisionof Insurance withinthe Department of Regulatory Agencies. Note: Pursuant to Colorado Divisionof Insurance Regulations8-1-3, noticeis hereby given of the availability of a closing protection letterforthe lender, purchaser, lessee or seller in con nectionwiththis transaction. Commitment For Title Insurance Issued by OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY NOTICE r IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE POLICY TOA PROPOSED INSURED IDENTIFIED IN SCHEDULE AIN ACCORDANCEWITH THE TERMSAND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, PartI—Requirements; Schedule B, Part ll—Exceptions; and the Comm itmentConditions,Old republic National Title Insurance Company,A Minnesota corporation (the "Company"), commits to issue the Policy according to the terms and provisionsof this Commitment. This Comm i tment i s effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the speci fi eddollar amount as the Proposed PolicyAmount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met withi n6 months after the Commitment Date, this Commitment ter min atesand the Company's li abi li tyand obli gati onend. COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructivenoti ce i mparted by the Public Records. (b) "Land": The land described in Schedule A and affixedi mprovementsthat bylaw constitutereal property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,alleys, lanes, ways, or waterways, but thisdoes not modifyor Ii mitthe extent that a rightof access to and from the Land isto be insured by the Policy. (c) "Mortgage":A mortgage, deed of trust, or other securityinstrument, includi ng one evidencedby electronicmeans authorized by law. (d) "Policy": Each contract of title i nsurance, in a form adopted by the Ameri can Land TitleAssoci ati on,i ssued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified n Schedule A as the Proposed Insured of each Policyto be issued pursuant to this Commitment. (f) "Proposed PolicyAmount": Each dollar amount specifiedi n Schedule A as the Proposed PolicyAmount of each Policyto be issued pursuantto this Commitment. (g) "Public Records": Records established understate statutes at the Commitment Date for the purpose of i mparti ngconstructive notice of matters relati ngto real property to purchasers for value and without Knowledge. (h) "Title": The estate or i nterestdescri bed in Schedule A. 2. If all of the Schedule B, Part I—Requi rements have not been met withi nthe time period speci f edi n the Commitmentto Issue Policy, Comi tmentterm i nates and the Company's I abi Ii tyand obli gati onend. 3. The Company's liabilityandobligationislimitedbyand this Commitment isnot validwithout: (a) the Notice; (b) the Commitmentto Issue Policy; (c) the Commi tment Condi ti ons; (d) Schedule A; (e) Schedule B, Part I—Requirements; [and] (f) Schedule B, Part II—Exceptions[; and (g) a counter-si gnatureby the Company or its i ssui ng agent that maybe in electroni cf orm. 4. COMPANY'S RIGHT TO AMEND The Company may amend thi s Commitmentat any time. If the Company amends thi sCommitmentto add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records pri orto the Commitment Date, any Ii abi lityof the Company is Ii mitedby Commitment Conditi on5. The Company shall not be Ii ablefor any other amendment to this Commitment. LIMITATIONS OF LIABILITY (a) The Company's li abi lityunder CommitmentCondi ti on4 is Ii mitedto the Proposed Insured's actual expense i ncurredi nthe i ntervalbetween the Company's deli veryto the Proposed Insured of the Commi tmentand the deliveryof the amended Commitment, resulti ngfrom the Proposed Insured's good faithrelianceto: (I) comply with the Schedule B, Part I—Requi rements; (ii) eli mi nate,wi th the Company's wri ttenconsent, any Schedule B, Part I I—Excepti ons;or (i i i) acqui rethe Titleor create the Mortgage covered by this Commitment. (b) The Company shall not be liable under CommitmentCondition5(a) ifthe Proposed Insured requested the amendment or had Knowledge of the matter and did not notifythe Company about it i nwriti ng. (c) The Company will only have Ii abi lityunder CommitmentConditi on4 ifthe Proposed Insured would not have i ncurredthe expense had the Commitmenti ncluded the added matter when the Commitmentwasfi rstdeliveredto the Proposed Insured. (d) The Company's Ii abi lityshall not exceed the lesser of the Proposed Insured's actual expense incurred in good faithand described in CommitmentConditi ons5(a)(i)through 5(a)(i i i)or the Proposed Poli cyAmount. (e) The Company shall not be Ii ablefor the content of the Transaction Identi fi cati orData, if any. (f) In no event shall the Company be obligatedto i ssuethe Policy referred to i nthisCommitmentunless all of the Schedule B, Part I—Requi rementshave been met to the satisfaction of the Company. (g) In any event, the Company's Ii abi li tyi s Ii mitedby the terms and provi si onsof the Poli cy. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified nSchedule A, and no other person, may make clai munder thi sCommitment. (b) Any clai m must be based i n contract and must be restri ctedsolely to the terms and provi si onsof thi sCommitment. (c) Unti I the Policy is issued, this Commitment, as last revised, is the exclusi veand entire agreement between the parti eswi th respect to the subject matter of this Commi tment and supersedes all pri orcommi tmentnegoti ati ons,representations, and proposals of any kind, whether writtenor oral, express or i mpli ed,relati ngto the subject matter of thi sCommi tment. (d) The deleti on or modifi cati orof any Schedule B, Part II—Excepti ondoes not constitutean agreement or obli gati onto provide coverage beyond the terms and provi si onsof this Commi tmentor the Policy. (e) Any amendment or endorsement to this Commi tmentmust be i nwriti ng[and authenti catedby a person authorized by the Company]. (f) When the Poli cy i s i ssued, all Ii abi Ii tpnd obli gati onunder thi s Commi tmentwi 11 end and the Company's only Ii abi Ii tMi 11 be under the Poli cy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The i ssui ngagent is the Company's agent only for the Ii mitedpurpose of i ssui ngtitie i nsurancecommitmentsand poli ci es.The i ssui ngagent is not the Company's agent for the purpose of provi di ngclosi ng or settlement services. 8. PRO -FORMA POLICY The Company may provi de, at the request of a Proposed Insured, a pro -forma poli cyi Ilustrati ngthe coverage that the Company may provi de.A pro -forma policy neither reflects the status of Ti tleat the ti methat the pro -forma poli cy i s deli veredto a Proposed Insured, nor i s ita commi tmentto i nsure. 9. ARBITRATION The Poli cycontai nsan arbitration clause. All arbitrable matters when the Proposed Poli cyAmount is $2,000,000 or less shall be arbitrated at the option of eitherthe Company or the Proposed Insured as the exclusive remedy of the parti es.A Proposed Insured may revi ewa copy of the arbitration rules at http1/www.alta.org/arbitration. Issued by: Land TitleGuarantee Company I I I �� TIT • •••• �� •� 3033 East Fi rstAvenue Suite 600 �yP►- Denver, Colorado 80206�,��0 Mi nneapoli s,Mi nnesota55401 303-321-1880 (612)371-1111 Malo— Marx Bilbroy— President * * . �� LAND TI'rLL AuthorizedOfficer or Agent I 1 0. Old Republic Nati onalTitleinsurance Company a Stock Company 400 Second Avenue South Mi nneapoli s,Mi nnesota55401 (612)371-1111 Malo— Marx Bilbroy— President AMERICAN LAND TI'rLL ASSOCIATIO'J Kande Yeager 1 Secretary TM This page is onlya part of a 2016ALTAO Commitment for Title Insurance Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule B, Part 1—Requirements; and Schedule B, Part II—Exceptions[; and a counter -signature b ythe Company or its issuing agent that may b ein electronic form] Copyright 2006-2016 American Land Title Association. All r ights reserved. The use of thi sFor m (or any derivative thereof) i srestricted to ALTA I censeesand ALTA members i ngood stand ngas of the date of use. All other uses are prohi bi ted Repri ntedunder I censefrom the American Land Ti tleAssociation. EXEMPTION PLAT LOT 1, 366 HANSON RANCH ROAD SUBDIVISION PART OF LOT d, BLOCK 2, VAIL VILLAGE, FIRST FILING, LOT d-1, BLOCK 2, -- - - ------------ VAIL VILLAGE, FIFTH FILING AND TRACT E, VAIL VILLAGE FIFTH FILING TOWN OF VAIL, EAGLE COUNTY, COLORADO -p,,,z-- — - -- - -- - - ------ ---------------- PRELIMINARY 5/4/2018 n,;, —C, t1=l%%1.1111.11 z"I ------------ SCALE 1 =10 oz (40' a W i / ..gym a e,�a „ u, ," , me." . mese"ee. m,.. ""e v„e.a•_.. e,=.,,,e ", ,..e.. ,,." o- ve,emsnam M ,�." a va. ,,. �aevsrcm o, me r ROAD zz- -------------- - --------------- -- ---- WT I. 366 --------------------------------------- ---------------------------------------- — — — -- — -- — -- — -- — -- — - J---------------------- ----------------- — — — — — — — — — — — — — — — — — — — — — — TRACT E R T E ---------------- — -- ----------- -- ---------- --------------------------------------------------------- -------------------------- -- ---------------------- ------------------------------- --------------- - ----------------------- ---------- TRACT E --------------- - -------------------- --------------------- ------------------------- EXEMPTION PLAT LOT 1, 366 HANSON ]RANCH ]ROAD SUBDIVISION PART OF LOT d, BLOCK 2, VAIL VILLAGE, FIRST FILING, LOT d-1, BLOCK 2, "- VAIL VILLAGE, FIFTH FILING AND TRACT E, VAIL VILLAGE FIFTH FILING TOWN OF VAIL, EAGLE COUNTY, COLORADO PRELIMINARY 5/4/2018 SCALE: 1" = 10' Ex-„ve k'roso .rm RANCH aoao (ao Row,l ----------------- -------------- a>o.. ,aye. ------------- --------------------------------- City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: June 25, 2018 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District, and setting forth details in regard thereto. (PEC18-0022) ATTACHMENTS: File Name Staff Memorandum.pdf A. Vicinity Map.pdf B. Applicant Narrative May 2018.pdf Description Staff Memorandum A. Vicinity Map B. Applicant Narrative, May 2018 rowN OF vain Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 25, 2018 SUBJECT: A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District, and setting forth details in regard thereto. (PEC18-0022) Applicant: VailPoint LLC, represented by Pylman & Associates, Inc. Planner: Jonathan Spence I. SUMMARY The applicant, VailPoint LLC, represented by Pylman & Associates, Inc., is requesting a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of Lot d- 1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council of this application, subject to the findings noted in Section VIII of this memorandum. A vicinity map (Attachment A) and the applicants' narratives (Attachment B) are attached for review. II. DESCRIPTION OF REQUEST The applicant, VailPoint LLC, represented by Pylman & Associates, Inc., is requesting a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of two parcels of land located in the vicinity of 366 Hanson Ranch Road-, A portion of Lot d- 1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District. The two portions of parcels are located within the historic fence boundary of the property, as shown on the exhibit below. A� The proposed rezoning, to be approved via ordinance with the Vail Town Council, will not take effect until the recordation of the final plat to incorporate a portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing into the existing property located at 366 Hanson Ranch Road/Lot d, Block 2, Vail Village Filing 1, has occurred with the Eagle County Clerk and Recorder. III. BACKGROUND In 1963, Vail Associates conveyed the entirety of Lot d, Block 2, Vail Village First Filing (Lot d) to Christiania -at -Vail, Inc. (VailPoint's predecessor in title). Lot d is comprised of the present-day Christiania at Vail Lodge, the Chateau Christian Condominiums, and the single family residence at 366 Hanson Ranch Road. Over time and apparently prior to enactment of subdivision regulations in the Town Christiania- at -Vail, Inc. severed portions of Lot d. They did so by recording deeds that Town of Vail Page 2 described these smaller parcels by metes and bounds description. These deeds effectively served to subdivide Lot d, although not through the process that would be required today. The property at 366 Hanson Ranch Road is one of these severed parcels. The property has an existing residence that was built in the early 1960s, prior to the incorporation of Vail as a Town in 1966. It is located between the Christiania at Vail Lodge and Chateau Christian Condominiums to the west, and the Tivoli Lodge to the east. The land to the south of the home and to the east of the home (between the home and the Tivoli Lodge) is owned by Vail Resorts. The land to the east of the home is Lot d-1, Block 2, Vail Village Fifth Filing. The lands south of the home are a part of Tract E, Vail Village Fifth Filing. For as long as 50 years, the existing property and the proposed properties subject to the rezoning have been surrounded by a fence. For unknown reasons, the fence was not built on the deeded property line and instead encloses a larger area, both to the south and east. All previous owners have treated the fenced area as an integral part of the property and have landscaped and maintained it consistent with the remainder of the property. In January, 2018, the Eagle County District Court entered an Order and Decree Quieting Title (Court Order) to this area outside the deed boundary but inside the fence. Recognizing the historic conditions, the Court Order declared VailPoint to be the fee simple owner of all of the lands within the fence. The intent of this application is to complete the process started by the Court Order. The re -zoning application seeks to rezone the property subject to the Court Order from Agriculture and Open Space (A) to Public Accommodation (PA), consistent with the existing zoning of the remainder of Lot d. This action will also ensure that all lands within the subject property have the same zoning designation. The total area of land within the existing fence and proposed lot is 13,242 square feet. The original metes and bounds description of the 366 Hanson Ranch Road property consists of 7,862 square feet. The additional area within the fence that the Court recognized as VailPoint's property is 5,380 square feet. IV. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Land Use Plan, the Vail Village Master Plan and the Vail Town Code are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS, VAIL TOWN CODE Article A. Public Accommodation (PA) District (in part) 12-7A-1: PURPOSE: Town of Vail Page 3 The public accommodation district is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilities and limited professional offices, medical facilities, private recreation, commercial/retail and related visitor oriented uses as may appropriately be located within the same zone district and compatible with adjacent land uses. The public accommodation district is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the zone district by establishing appropriate site development standards. Additional nonresidential uses are permitted as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the zone district. (Ord. 29(2005) § 24: Ord. 23(1999) § 1: Ord. 30(19 77) § 7: Ord. 8(19 73) § 7.100) 12-7A-2: PERMITTED USES: The following uses shall be permitted in the PA district: Automated teller machines (ATMs) exterior to a building. Employee housing units, as further regulated by chapter 13 of this title. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. (Ord. 12(2008) § 11) 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Fractional fee club units, as further regulated by subsection 12-16-7A8 of this title. Healthcare facilities. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the main structure or structures on the site. Major arcades. Private clubs and civic, cultural and fraternal organizations. Town of Vail Page 4 Private parking structures. Private unstructured parking. Professional and business offices. Public and private schools. Public buildings, grounds and facilities. Public parking structures. Public parks and recreational facilities. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Theaters and convention facilities. (Ord. 12(2008) § 11) 12-7A-4: ACCESSORY USES: The following accessory uses shall be permitted in the PA district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Meeting rooms. Minor arcades. Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to permitted lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. (Ord. 29(2005) § 24: Ord. 23(1999) § 1: Ord. 6(1982) § 8(b): Ord. 8(1973) § 7.400) 12-7A-5: LOTAREA AND SITE DIMENSIONS: Town of Vail Page 5 The minimum lot or site area shall be ten thousand (10, 000) square feet of buildable area and each site shall have a minimum frontage of thirty feet (30). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80) on each side within its boundaries. (Ord. 23(1999) § 1: Ord. 12(1978) § 3) 12-7A-6: SETBACKS.- In ETBACKS: In the PA district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20). At the discretion of the planning and environmental commission and/or the design review board, variations to the setback standards outlined above may be approved during the review of exterior alterations or modifications (section 12-7A-12 of this article) subject to the applicant demonstrating compliance with the following criteria.- A. riteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. B. Proposed building setbacks comply with applicable elements of the Vail Village urban design guide plan and design considerations. C. Proposed building setbacks will provide adequate availability of light, air and open space. D. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. E. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. (Ord. 29(2005) § 24: Ord. 23(1999) § 1: Ord. 50(1978) § 2) 12-7A-7: HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed forty five feet (45). For a sloping roof, the height of buildings shall not exceed forty eight feet (48). (Ord. 23(1999) § 1: Ord. 37(1980) § 2) 12-7A-8: DENSITY CONTROL: Up to one hundred fifty (150) square feet of gross residential floor area (GRFA) may be permitted for each one hundred (100) square feet of buildable site area. Final determination of allowable gross residential floor area shall be made by the planning and environmental commission in accordance with section 12-7A-12 of this article. Specifically, in determining allowable gross residential floor area the planning and environmental commission shall make a finding that proposed gross residential floor area is in conformance with applicable elements of the Vail Village urban design guide Town of Vail Page 6 plan and design considerations. Total density shall not exceed twenty five (25) dwelling units per acre of buildable site area. For the purposes of calculating density, employee housing units, accommodation units and fractional fee club units shall not be counted towards density. A dwelling unit in a multiple -family building may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. (Ord. 29(2005) § 24: Ord. 5(2003) § 4: Ord. 31(2001) §§ 3, 5: Ord. 23(1999) § 1: Ord. 50(1978) § 19.- Ord. 9:Ord. 12(1978) § 2) 12-7A-9: SITE COVERAGE.- Site OVERAGE: Site coverage shall not exceed sixty five percent (65%) of the total site area. Final determination of allowable site coverage shall be made by the planning and environmental commission and/or the design review board in accordance with section 12-7A-12 of this article. Specifically, in determining allowable site coverage the planning and environmental commission and/or the design review board shall make a finding that the proposed site coverage is in conformance with applicable elements of the Vail Village urban design guide plan and design considerations. (Ord. 29(2005) § 24: Ord. 23(1999) § 1: Ord. 17(1991) § 7: Ord. 8(1973) § 7.507) 12-7A-10: LANDSCAPING AND SITE DEVELOPMENT. At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15) with a minimum area not less than three hundred (300) square feet. (Ord. 23(1999) § 1: Ord. 19(1976) § 8: Ord. 8(1973) § 7.509) 12-7A-11: PARKING AND LOADING.- Off OADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least seventy five percent (75%) of the required parking shall be located within the main building or buildings and hidden from public view. No at grade or above grade surface parking or loading area shall be located in any required front setback area. Below grade underground structured parking and short term guest loading and drop off shall be permitted in the required front setback subject to the approval of the planning and environmental commission and/or the design review board. (Ord. 29(2005) § 24: Ord. 23(1999) § 1: Ord. 19(1976) § 8: Ord. 8(1973) § 7.510) 12-7A-12: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building or the alteration of an existing building shall be reviewed by the design review board in accordance with chapter 11 of this title. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has Town of Vail Page 7 substantial off site impacts (as determined by the administrator) shall be reviewed by the planning and environmental commission as a major exterior alteration in accordance with this chapter and section 12-3-6 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community development for planning and environmental commission and design review board review. The following submittal items are required: 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 2. Application, Contents: The administrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 3. Work Sessions/Conceptual Review: If requested by either the applicant or the administrator, submittals may proceed to a work session with the planning and environmental commission, a conceptual review with the design review board, or a work session with the town council. 4. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12-3-6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12-3-3 of this title. 5. Lapse Of Approval: Approval of an exterior alteration as prescribed by this article shall lapse and become void three (3) years following the date of approval by the design review board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed. (Ord. 29(2005) § 24: Ord. 5(2003) § 5: Ord. 31(2001) § 7: Ord. 23(1999) § 1) 12-7A-13: COMPLIANCE BURDEN.- Town URDEN: Town of Vail Page 8 It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior alteration or new development is in compliance with the purposes of the public accommodation district, that the proposal is consistent with applicable elements of the Vail Village master plan, the Vail Village urban design guide plan and the Vail streetscape master plan, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. (Ord. 29(2005) § 24: Ord. 23(1999) § 1) 12-7A-14: MITIGATION OF DEVELOPMENT IMPACTS.- Property MPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Substantial off site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank restoration, loading/delivery, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. (Ord. 29(2005) § 24: Ord. 23(1999) § 1) 12-7A-15: ADDITION OF GROSS RESIDENTIAL FLOOR AREA TO EXISTING PA PROPERTIES.- For ROPERTIES: For any gross residential floor area added to a public accommodation zoned property following the effective date hereof, a minimum of seventy percent (70%) of the added gross residential floor area shall be devoted to accommodation units, or fractional fee club units subject to the issuance of a conditional use permit. This limitation shall not apply to gross residential floor area being added in accordance with sections 12-15-4 and 12-15-5 of this title. (Ord. 23(1999) § 1) Vail Land Use Plan (in part) Chapter 11- Land Use Plan Goals / Policies (in part) 1. General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. Town of Vail Page 9 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). Chapter VI — Proposed Land Use (in part) GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRYAND PROMOTE YEAR - AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY ASA WHOLE. Objective 2.1: Recognize the variety of land uses found in the 11 sub -areas throughout the Village and allow for development that is compatible with these established land use patterns. Objective 2.3: Increase the number of residential units available for short term overnight accommodations. Policy 2.3.1: The development of short term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short term overnight rental. Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. Vail Village Master Plan (in part) GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITY AND IDENTITY. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR - AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY ASA WHOLE. Objective 2.1: Recognize the variety of land uses found in the 11 sub -areas throughout the Village and allow for development that is compatible with these established land use patterns. Policy 2.1 The zoning code and development review criteria shall be consistent with the Town of Vail Page 10 V. goals and objectives of the Vail Village Master Plan. Objective 2.3: Increase the number of residential units available for short-term overnight accommodations. Policy 2.3.1: The development of short term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed ina manner that makes them available for short term overnight rental. GOAL #4 TO PRESERVE EXISTING OPEN SPACE AREAS AND EXPAND GREEN SPACE OPPORTUNITIES. Objective 4.1: Improve existing open space areas and create new plazas with green space and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of the Village. Policy 4.1.3: With the exception of ski base -related facilities, existing natural open space areas at the base of Vail Mountain and throughout Vail Village and existing green spaces shall be preserved as open space. SITE ANALYSIS /_�'. C I �� [c��:� :.FTi�•7 i1:FTit•7 7 :Z:FT'. Legal Description: Part of Lot d, Block 2, Vail Village First Filing, a portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, vail Village Fifth Filing Existing Zoning: Public Accommodation (PA) District and Agriculture and Open Space (A) District Proposed Zoning: Public Accommodation (PA) District Land Use Plan Designation: Vail Village Master Plan Current Land Use: Single Family Dwelling Unit Anticipated Future Land Use: TBD Geological Hazards: None VI. SURROUNDING LAND USES AND ZONING Existing Use Zone District North: Lodging/Multifamily Public Accommodation (PA) District South: Open Space Agriculture and Open Space (A) District East: Lodging/Multifamily SDD #37, Tivoli Lodge with an underlying zoning of Public Accommodation (PA) District Town of Vail Page 11 West: Lodging/Multifamily SDD #28, Christiania at with an underlying zoning of Vail Public Accommodation (PA) District VII. REVIEW CRITERIA Before acting on an application for a zone district boundary amendment, the planning and environmental commission and town council shall consider the following factors with respect to the requested zone district boundary amendment. - 1 . mendment: 1. The extent to which the zone district amendments are consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. The Vail Land Use Plan designation and applicable planning document for the subject property is the Vail Village Master Plan. The Public Accommodation Zone district designation for this property is consistent with the adjacent parcels and is consistent with the goals, objectives and policies outlined in the Vail Village Master Plan. The lands within the fence have long been perceived and used as an integral part of the existing home. The amendment of the zone district boundaries to conform to the fenced area will have little or no overall effect upon the larger goals of the community. The amendment, in concert with the exemption plat, will bring the property into greater conformance with the development standards of the Public Accommodation Zone District including minimum lot size, setbacks, site coverage and landscaping. The proposed rezoning is supported by the Goals #1 and #2 of Vail Village Master Plan that speak to encouraging high quality redevelopment and the importance of the tourist industry to the health and vitality of the community. Goal #4 is relative to open space and is relevant to the zone district boundary amendment request. Because it was within the fence, the 5,380 square feet of area proposed for zone change has likely not ever been a part of the perceived open space corridor behind or adjacent to the home. The Vail Village Master Plan was originally adopted in 1990. The area proposed for re -zoning has been enclosed by a fence, landscaped as part of the yard and used exclusively and privately by the owners of the home since well prior to, and since, 1990. The re -zoning of this land will not impact the historic area of perceived open space that exists in this area. The lands outside of the fence will remain zoned as Agricultural and Open Space. Staff finds this criterion to be met. Town of Vail Page 12 2. The extent to which the zone district amendments are suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents. The zone district boundary amendment is both suitable and compatible with the existing and proposed land uses on the site and the existing and potential surrounding land uses. The rezoning and accompanying exemption plat will bring the property into greater conformance with the development standards of the Public Accommodation Zone District including minimum lot size, setbacks, site coverage and landscaping that will assist in redevelopment. As the rezoning follows the historical fence boundary, no impacts on surrounding land uses are anticipated. Staff finds this criterion to be met. 3. The extent to which the zone district amendments present a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The proposed zone district amendments will create a cohesive land use scheme consistent with the development objectives of the town, namely orderly development and redevelopment under a unified zoning designation. Staff finds this criterion to be met. 4. The extent to which the zone district amendments provide for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. The zone district boundary amendment proposes to recognize the lot boundary correction and maintains the Public Accommodation zoning of the 366 Hanson Ranch Road property. This zone district designation is consistent with the Vail Village Master Plan and does not constitute spot zoning. The application fosters order in the sense that it aligns zone district and subdivision boundaries. Staff finds this criterion to be met. 5. The extent to which the zone district amendments result in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. The proposed rezonings will not result in adverse impacts to the natural environment. Future developments on the reconfigured and rezoned parcels will be required to Town of Vail Page 13 adhere to all applicable environmental standards during development review, construction and facility operation. Staff finds this criterion to be met. 6. The extent to which the zone district amendments are consistent with the purpose statement of the proposed zone district. The proposed rezoning is consistent with the purpose statement of the Public Accommodation (PA) Districts and future development on the property will also be required to be compatible with its intent. As stated previously, the rezoning and accompanying exemption plat bring the project into greater compliance with the development standards of the zone district. Staff finds this criterion to be met. 7. The extent to which the zone district amendments demonstrate how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. The proposed zone district boundary amendment recognizes the historical boundary of the property. With the recent court action concerning this property, maintaining the existing zoning designation would be inappropriate. Staff finds this criterion to be met. 8. Such other factors and criteria as the commission and/or council deem applicable to the proposed rezonings. VIII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria described in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the zone district boundary amendments, the Community Development Department recommends the Commission pass the following motion: Town of Vail Page 14 "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to forward this recommendation of approval, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section Vll of the Staff memorandum to the Planning and Environmental Commission dated June 25, 2018, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town, and 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas, and 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " IX. ATTACHMENTS A. Vicinity Map B. Applicant Narrative, May 2018 Town of Vail Page 15 II! "Jill A 366 Hanson Ranch Road Exemption Plat Application Zone District Boundary Amendment Petition May 2018 366 Hanson Ranch Road Exemption Plat Application Zone District Boundary Amendment Petition May 2018 Prepared for: VailPoint, LLC 100 Saint Paul Street Suite 400 Denver CO 80206-5140 Prepared by: Pylman & Associates, Inc. 137 Main Street C107W Edwards CO 81632 970-926-6065 Table of Contents L Introduction 4 II. Existing Conditions 4 III. Existing and Proposed Zoning 5 IV. Exemption Plat Review Criteria 8 V. Zone District Amendment Review Criteria 10 VI. Summary 14 VII. Existing Condition Photographs 15 Figure 1 — Existing Conditions Map 6 Attachments: Eagle County District Court Order and Decree Quieting Title Title Report Lot 1, 366 Hanson Ranch Road Subdivision Exemption Plat 3 L Introduction VailPoint, LLC, a Colorado limited liability company ("VailPoint") is requesting Town of Vail approval for two land use actions: (1) an Exemption Plat pursuant to Title 13, Chapter 12 of the Town of Vail Municipal Code ("Code") and (2) a Zone District Amendment pursuant to Code Title 12, Chapter 3. The exemption plat encompasses property legally described as a Part of Lot d, Block 2, Vail Village First Filing and also including a portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The request is for a consolidation of parcels currently described by metes and bounds into one single lot. The zone district amendment requests rezoning of a portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The lands proposed for zone district amendment fall within the boundaries of the exemption plat. The property address is 366 Hanson Ranch Road. VailPoint is the legal owner of record of the lands within the boundary of the proposed exemption plat. The plat that accompanies this application is titled Lot], 366 Hanson Ranch Road Subdivision. Also submitted with this application in compliance with Code Section 13-3-6.B.3.q(5) is a title commitment prepared by Land Title Guarantee Company, noted as Order No. V500503605 with an effective date of April 30, 2018, in satisfaction of the requirement for evidence of VailPoint's ownership in fee simple of the landswithin the proposed subdivision. In accordance with our pre -application conference on May 22, 2018, it is our understanding that given the nature of this request, the Town is not requiring an environmental impact report, engineering plans, topographical map/grading plan, landscape plan, or other materials identified in Code Section 13-3-6.B.3.q. II. Existing Conditions In 1963, VailAssociates conveyed the entirety of Lot d, Block2, VailVillage First Filing ("Lot d") to Christiania -at -Vail, Inc. (Vail Point's predecessor in title). Lot d is comprised of the present-day Christiania at Vail Lodge, the Chateau Christian Condominiums, and the single family residence at 366 Hanson Ranch Road. Over time—and apparently prior to enactment of subdivision regulations in the Town—Christiania- at-Vail, Inc. severed portions of Lot d. They did so by recording deeds that described these smaller parcels by metes and bounds description. These deeds effectively served to subdivide Lot d, although 0 not through the process that would be required today. The property at 366 Hanson Ranch Road is one of these severed parcels. The property has an existing residence that was built in the early 1960's, prior to the incorporation of Vail as a Town in 1966. It is located between the Christiania at Vail Lodge and Chateau Christian Condominiums to the west, and the Tivoli Lodge to the east. The land to the south of the home and to the east of the home (between the home and the Tivoli Lodge) is owned by Vail Resorts. The land to the east of the home is Lot d-1, Block 2, Vail Village Fifth Filing. The lands south of the home are a part of Tract E, Vail Village Fifth Filing. For as long as 50 years, the property within the proposed exemption plat has been surrounded by a fence. For whatever reason, the fence was not built on the deeded property line and instead encloses a larger area, both to the south and east. The previous owners have all treated the fenced area as an integral part of the property and have landscaped and maintained it consistent with the remainder of the property. In January, 2018, the Eagle County District Court entered an Order and Decree Quieting Title ("Court Order") to this area outside the deed boundary but inside the fence. Recognizing the historic conditions, the Court Order declared VailPoint to be the fee simple owner of all of the lands within the fence. The intent of this application is to complete the process started by the Court Order. The plat application seeksexemption platapproval, consolidating the landsinsidethe fence into a singleparcel.' Simultaneously, the re -zoning application seeks to rezone the property subject to the Court Order from Agriculture and Open Space (A) to Public Accommodation (PA), consistent with the existing zoning of the remainder of Lot d. The total area of land within the existing fence and proposed lot is 13,242 square feet. The original metes and bounds description of the 366 Hanson Ranch Road property consists of 7,862 square feet. The additional areawithin the fence that the Court recognized as VailPoint's property is 5,380 square feet. III. Existing and Proposed Zoning Following the Town of Vail's incorporation in 1966, the town enacted a zoning ordinance for the first time in 1971. The lands in this neighborhood—including the existing home at 366 Hanson Ranch Road, the Christiania, the Tivoli and other neighborhood properties—were zoned as Public Accommodation District ("PA"). The goal of the PA Zoning is to create an active bed base that supports the Town's economic and land use objectives as a destination resort. ' While an exemption plat falls within the Town's subdivision regulations, the term "subdivision" is a misnomer in this situation. Rather than divide property, this application seeks consolidation of two existing parcels. 5 Specifically, as written in Article A, PA Zone District, Code Section 12-7A-1 Purpose of the Code, the stated intention of the PA zone district is to "provide sites for lodges and residential accommodations for visitors". The list of permitted uses does not include the existing use of a single family residence. In addition, the minimum lot size allowedin the PA Zone District is 10,000square feet. As the home was apparently constructed prior to incorporation of the town and the establishment of the zoning, the existing use is classified as a legal non -conforming use and the lot has been considered a legal non -conforming parcel. Although the Town's zone boundaries are not drawn at a scale sufficient to understand where exactly the boundary between districts actually lies, since zone district boundaries typically follow platted property lines, the property that is the subject of the Court Order—that is, the portion of Lot d-1, Block 2 Vail Village Fifth Filing and the portion of Tract E, Vail Village Fifth Filing that are within the fenced area are presumably zoned Agricultural and Open Space ("A'). Consistent with Code Section 12-5-5's guidance that zone boundaries follow lot lines, a companion re -zoning application requests that the landssubject to the Court Order be zoned to match the existing PA Zone District of the remainder of the proposed lot. This will bring the lot into conformance with the 10,000square foot minimum size requirement for the PA zone district and rectify the non -conforming lot status. The existing fence will become both the lot line and the zone district boundary. See Figure 1, Existing Conditions. 7 IV. Exemption Plat Review Criteria Code Section 13-2-2 defines Exemption Plat as "The platting of a portion of land or property that does not fall within the definition of a "subdivision" as contained in this section. A "Subdivision" means a tract that is divided into two or more lots. Therefore, the Exemption Plat process is appropriate because this platting consolidates, rather than divides, tracts. Code Title 13, Chapter 12 establishes the Exemption Plat review procedures and references the standard Town of Vail criteria for review of a Final Plat as the criteria for review of an Exemption Plat. These criteria are set forth in Code Section 13-3-4. Final Plat Review Criteria: The extent to whichthe proposed subdivision is consistent withall the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. Applicant response: Typically, properties within the Town are platted; this property is perhaps a rare exception. Defining property boundaries by subdivision—rather than by metes and bounds description—provides simplicity and certainty for landowners and local jurisdictions alike. This Exemption Plat application serves to memorialize the historic use of this fenced, unplatted parcel and implement the Court Order in a manner that provides clarity for the public record. The exemption plat does not create new parcels of land; rather. The proposed plat does not have any substantive effect on any the adopted goals, objectives and policies of the Vail comprehensive plan. The recognition of the landswithin the fenced area as a single parcel eliminates the non -conforming size status of the lot and therefore is compatible with and advances the development objectives of the town. 2. The extent to which the proposed subdivision complies 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. Applicant response: The proposed exemption plat application is accompanied by a companion file that requests rezoning of the 5,380 square feet inside the fence to the Public Accommodation ("PA") Zone District. This action will create consistent zoning for all of the lands within the fenced area of 366 Hanson Ranch Road and will also bring the parcel into conformance with the minimum lot size standards for the PA Zone District. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent w ithmunicipal development objectives. Applicant response: The proposedlot has long been used as a single, integrated parcel of unplatted property. The proposed exemption plat, which has been preceded by the Court Order recognizing VailPoint's ownership to the entire fenced parcel, enables the property to be platted consistent with its historic use. Moreover, as described above, the property exists today in something of a historically non -conforming condition, and the requested exemption plat will remedy that, consistent with modern municipal development practices and objectives. The subdivision action will have no material effect upon the land uses outside of the fence. 4. The extent of the effects on the future development of the surrounding area. Applicant response: Because the proposed subdivision consolidates two legal parcels, it should have no effect upon future development of the surrounding area. The extent to whichthe proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. Applicant response: This proposed plat consolidates 5,380 square feet of land into the primary, presently unplatted parcel of 7,862 square feet, all located within the historical fenced area of 366 Hanson Ranch Road. This action will have no adverse effect upon delivery of public services or require any duplication of public facilities. The action does not result in any "leapfrog" pattern of development. 6. The extent tow hich the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines. Applicant response: The proposed plat will not create any demand upon utility service capacities in the service area. 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interest of the community as a whole. 9 Applicant response: The proposedplat proposesno change that would have any effect on the overall orderly viable growth of the community. The consolidation of the parcels within the fence and the companion rezoning application will create a parcel that meets the minimum lot size of the long term PA zoning, eliminating the existing legal non -conforming status of the parcel. Additionally, the proposed plat will formally plat a presently unplatted parcel. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. Applicant response: The proposed plat seeks to plat, for the first time, adjacent lands that have historically been integrated. The subdivision action alone will not result in any change to those lands and therefore will have no effect upon any of the above natural features. 9. Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision. Applicant response: No applicant response necessary. V. Zone District Amendment Review Criteria The petition for zone district boundary amendment requests rezoning of the 5,380 square feet of property thatis the subject of the Court Order; thatis, the property thatis insidethe fence, but outside the historic metes and bounds legal description of the parcel commonly knownas 366 Hanson Ranch Road. The goal of the rezoning application is to align the zoning and plat boundaries. Code Section 12-3-7 sets forth the criteria for the review of amendments to zone district boundaries. Before acting on an application for a zone district boundary amendment, the planning and environmental commission and town council shall consider the following factors with respect to the requested zone district boundary amendment: (1) The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town 10 Applicant response: The Vail Land Use Plan designates this area of the community as Vail Village Master Plan and utilizes the Vail Village Master Plan as the detailed land use plan. The Public Accommodation Zone district designation for this property is consistent with the adjacent parcels and is consistent with the goals, objectives and policies outlined in the Vail Village Master Plan. The landswithin the fence have long been perceived and used as an integral part of the existing home. The amendment of the zone district boundaries to conform to the fenced area will have little or no overall effect upon the larger goals of the community. The amendment will bring the existing lot into size conformance with the minimum lot size of the existing Public Accommodation Zone District. There are six primary goals of the Vail Village Master Plan. Goals #I and 2 relate to re -development and upgrading of private buildings. Goal #1 does support the high quality upgrading of residential and commercial buildings. This petition is one step in the process of ultimately redeveloping and upgrading the present, obsolete residence. Goal #2 does support the Public Accommodation Zone District designation as an important economic goal of the community. This petition has no relation or bearing on Goals #3, #5 or #6. Goal #4 is relative to open space and is relevant to the zone district boundary amendment request. Because it was within the fence, the 5,380 square feet of area proposed for zone change has likely not ever been apart of the perceived open space corridor behind or adjacent to the home. The Vail Village Master Plan was originally adopted in 1990. The area proposed for re -zoning has been enclosed by a fence, landscaped as part of the yard and used exclusively and privately by the owners of the home since well prior to, and since, 1990. The re -zoning of this land will not impact the historic area of perceived open space that exists in this area. The lands outside of the fence will remain zoned as open space. The Vail Village Master Plan Goals# 1, #2 and#4 and the relevant objectives and policies are indicated below. GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALEOF THE VILLAGE IN ORDER TOSUSTAIN ITS SENSE OF COMMUNITYAND IDENTITY. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR -AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITYAS A WHOLE. Objective 2.1: Recognize the variety of land uses found in the 11 sub -areas throughout the Village and allow for development that is compatible wi ththese established land use patterns. Policy 2.1 The zoning code and development review criteria shall be consistent with the goals and objectives of the Vail Village MasterPlan. 11 Objective 2.3: Increase the number of residential uni tsavailable for short term overnight accommodate ons. Policy 2.3.1: The development of short term accommodation uni tsisstrongly encouraged. Residential units that are developed above existing density levels are requi redto be designed or managed in a manner that makes them available for short term overnight rental. GOAL #4 TO PRESERVE EXISTING OPENSPACEAREAS AND EXPAND GREENSPACE OPPORTUNITIES. Objective 4.1: Improveexisting open space areas and create new plazas wi thgreenspaceand pocket parks. Recogni zethe different roles of each type of open space informing the overall fabric of the Village. Policy 4.1.3: With the exception of ski base -related facilities, existing natural open space areas at the base of Vaf Wountai nand throughout Vail Village and existing greenspaces shall be preserved as open space. (2) The extentto w hichthe zone district amendment is suitable w iththe existing and potential land uses on the site and existing and potential surrounding land uses as set out in the tow n's adopted planning documents. Applicant response: The existing land use of the property is as a yard and landscaping for the adjacent non -conforming single family home. The proposed re -zoning will not, alone, change the existing use of the land that is subject to the rezoning. The Town's GRFA and other development restrictions make it improbable that the use of the vast majority of the area subject to rezoning will materially change, even when the property is re -developed. A potential, conforming future use of the entire parcel under the Public Accommodation zone district would be compatible with the town's adopted planning documents. The proposed zone district boundary amendment and the companion exemption plat action will resolve a long-term fence boundary issue. The parcel size will now conform to the minimum lot size requirement of the PA zone district. The existing home has been suitable with the surrounding land use and a future, conforming use under the Public Accommodation Zone District would likewise be consistent with adjacent properties. (3) The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent withmunicipal development objective. Applicant response: The proposed amendment adjusts the existing zone district boundaries to apply consistent zoning to all of the fenced area of 366 Hanson Ranch Road. This amendment does not effect to any material extent the harmonious, convenient, workable relationship among land uses. (4) The extent to which the zone district amendment provides for the growthof an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole 12 Applicant response: The zone district boundary amendment proposes to recognize the lot boundary correction and maintains the Public Accommodation zoning of the 366 Hanson Ranch Road property. This zone district designation is consistent with the Vail Village Master Plan and does not constitute spot zoning. The application fosters order in the sense that it aligns zone district and subdivision boundaries. (5) The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including,but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. Applicant response: The proposed amendment has no adverse impact upon the natural environment. The 5,380 square feet that are the subject of this application are currently landscaped as a part of a residential yard and are enclosed by a fence. (6) The extent to whichthe zone district amendment is consistent w iththe purpose statement of the proposed zone district. Applicant response: The historic parcel boundary is zoned Public Accommodation but is legally non -conforming due to its size and present use. The minimum lot size for the PA Zone district is 10,000square feet, the existing home sits on a 7,862 square foot parcel. The addition of the 5,380 square feet will bring the lot into conformance with the minimum size standard. This proposed amendment is completely consistent with the purpose statement of the Public Accommodation Zone District, in fact correcting existing inconsistencies. (7) The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property w as adopted and is no longer appropriate. Applicant response: The property proposed to be re -zoned has been an integral part of the primary home parcel for perhaps as long as zoning has been enacted in the Town of Vail The lands within the fence are not integrated into the adjacent Agricultural and Open Space lands outside of the fence. The property within the fence falls under the same condition as the primary home parcel. The need for the zone district boundary amendment arises from the inconsistency between the historic deeded property boundary and the location of the fence. Now that the fence line has been determined to be the property boundary, it is appropriate to rezone so that the entire property is subject to only one zoning designation. 13 (8) Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. Applicant response: No applicant response is necessary. VI. Summary The proposed exemption plat and zone district amendment applications are intended to consolidate the previously unplatted parcels thathavehad an integrated use for as long as 50 years into one single, platted lot with a consistent zoning. The applications are necessitated by historic errors in boundary descriptions or fence construction, and are the final stage of implementing the "cleanup" reflected by the Court Order. This action is in conformance with theTown'sgoalsas articulated in the VailVillage Master Plan and is in conformance with the Town of Vail's regulations. VII.. Existing Condition Photographs Aerial overview. 14 I } r•yA .IVF '� "�! • • % T , .',i'y 2�-{F�sJ:1.1. ILr.L7f'=a:YY•YG7k�fPfAR.].'�%:'A� 1F.�.r L .. 16 Ii } r•yA .IVF '� "�! • • % T , .',i'y 2�-{F�sJ:1.1. ILr.L7f'=a:YY•YG7k�fPfAR.].'�%:'A� 1F.�.r L .. 16 Eagle County, CO Regina O'Brien Pgs: 4 REC: $28.80 DOC: WOO DISTRICT COURT, EAGLE COUNTY, COLORADO Eagle County Justice Center 885 Chambers Avenue Eagle CO 81631 201800453 0110912018 0219735 PM DATE FILED: January 4, 2418 Plaintiff: VAILPOINT, LLC, a Colorado limited liability company ■COURT USE ONLY ■ Defendant: THE VAIL CORPORATION, a Colorado corporation Case Number- 2017CV30207 ORDER AND DECREE QUIETING TITLE T141S MATTER. comes before the Court upon the Stipulation between Plaintiff, VailPoint, LLC, a Colorado limited liability company, and Defendant, The Vail Corporation, a Colorado corporation. The Court, having read and reviewed the Stipulation, the Court file and applicable law, and otherwise being fully advised in the premises, approves the Stipulation, The Court further finds as follows: A. The Court has jurisdiction over the :Plaintiff and the Defendant. B. Venue is proper since this action concerns title to real property located in Eagle County, Colorado. C. Plaintiff and its predecessors have asserted to be in actual, adverse, hostile, open, notorious, exclusive, continuous possession of the Property (defined below) under claim of right, made in good faith, for a period of time in excess of eighteen (18) years. D. Plaintiff and its predecessors in title have had a good faith belief that they owned the'Property and that their belief was reasonable under the circumstances. E. The parties have stipulated and agreed that Plaintiff is and shall be the fee owner of the Property pursuant to C.R.S. §38-41-141. 60783181.3 Eagle Ca", Colorado Certified to be full, true and correct copy of this originall ' my custody. Cate /tO M-54 6v,s3tst.3 IT IS HEREBY ORDERER, ADJUDGED AND DECREED AS FOLLOWS: 1. Title to the real property described on Exhibit A attached hereto (the "Property'} is hereby quieted in Plaintiff, VailPoint, LLC, a Colorado limited liability company, in fee simple. 2. Plaintiff's title to the Property is free and clear of the claims of the Defendant, The Vail Corporation, subject to any and all easements, covenants, restrictions, and all other matters of record duly recorded against tine 'Property. 3. By virtue of this Order and Decree, all claims in this action have been resolved. Each party herein shall fray its own costs expended herein. Dated this day of---J-!It-� 20M BY THR COURT: strict Court Judge 6'14,13nCC!,:�- 60783181.3 EXHIBIT A THE PROPERTY (See attached) DA TV Fl LED Js unhry 5.'-019 ^_ 14 PM PROPERTY DESCRIPTION chat port of Lot d-1, Mock 2, and Tfuet E. Vol VMags, Fdih Flllag, aCCOW64 to thr mop 1norso1 recorded In the oR�ce of the Eogie County. Coleruda. Clerk and R%wder, deedrlbed as IdbWW. Brainnng al the mouth■ext Cam*r of said Lot 0-4, thence olvig this wesWY fkla of wid I,ot d-1 1 pOY1�D'W 69.95 feet to fine northwest carnal of said Lo[ d-1. aigm being on the s lharly right of tray Ilpr IN Hanson Ranch Reo(C then;*, slang khr narthaly I'mo o1 mold Lot d-1, aew bs:ng the sauthsfly rygllt 01 way of Homan Rano road, 32.68 foal along the arc of w cure* to the folk, having o radius of 160,17 feel, a delta ong1. of 11 W22, and a chord that be. N7917'23"'E 32,62 feet: thence dopWYnrg sold northerly I" 50179'36"W IM75 feat. thence M$4404'49'W 131.39 feat to appaaint of the rrtme;w ,f sins ed fine of a pared shorn Pork of Lai d. thence HOD'00'o0'E is.02 Feet to the southwest corner of amd Port OF Lal d; thence done sod #x:enslon. atony the .moth line of said pert of tai o, rNga'n WE! 411.21 reel, to the pont aF belmning' e Wniny 5390 swore fret, mu. a ia.a. r• AkChasl J� # fe q rISJ�f1S_A P Q' 20' 40' 60' `R ,1 r D 6=32' 13' l 4' ROAD 40 R R--160. 17' L'90 07` ? � s��r �V41 k22" 1BO.lr ' �� G l3EliF3�,6� Dq¢N79'IT'23•E la 5 .. CHATEAU w PAR 000 EDT d C14RISTLAN 0.5 ACS TOWNW)USES o LOT d-3 is a � a l� N99OW00% 111.21' TRACT � N 8e'94'�' H' 15r.sW rV»o ,ape v R Y4 CK-Vint JOB vA. rens Isle NO 5213 2 meal er ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: V50050360-5 Customer Ref -Loan No.: Property Address: 366 HANSON RANCH ROAD, VAIL, CO 81657 1. Effective Date: 04-30-2018 At 05:00:00 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: VAILPOINT, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as f ollows: PARCEL 1: THAT PART OF LOT D BLOCK 2, VAIL VILLAGE, FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF, BEGINNING ATTHE SOUTHEAST CORNER OF SAID LOT D BLOCK 2, VAIL VILLAGE, FIRST FILING, THENCE WESTERLYALONG THE SOUTH LINE OF SAID LOT D, A DISTANCEOF 111.21 FEET; THENCE ON AN ANGLE TO THE RIGHT OF 90 DEGREES 00 MINUTES 00 SECONDS A DISTANCE OF 67.80 FEET;THENCE ON AN ANGLE TO THE RIGHT OF 37 DEGREES 12 MINUTES 30 SECONDS A DISTANCE OF 23.61 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF SAID LOT D; THENCE ON AN ANGLE TO THE RIGHT OF 80 DEGREES 08 MINUTES 50 SECONDS AND ALONG SAID NORTHERLY LINE AND ALONG A CURVE TO THE LEFT HAV INGA RADIUS OF 160.17 FEET, A CENTRAL ANGLE OF 32 DEGREES 13 MINUTES 14 SECONDS AN ARC DISTANCE OF 90.07 FEET TO THE NORTHEAST CORNER OF SAID LOT D; THENCE ON AN ANGLE TO THE RIGHT OF 86 DEGREES 51 MINUTES 56 SECONDS AND ALONG THE EASTERLY LINE OF SAID LOT DA DISTANCE OF 69.96 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL 2: THAT PART OF LOT D-1, BLOCK 2, AND TRACT E, VAIL VILLAGE, FIFTH FILING, ACCORDING TO THE MAP THEREOF RECORDED IN THE OFFICE OF THE EAGLE COUNTY, COLORADO, CLERKAND RECORDER, DESCRIBEDAS FOLLOWS: BEGINNING ATTHE SOUTHWEST CORNER OF SAID LOT D-1, THENCE ALONG THE WESTERLY LINE OF SAID LOT D-1 N08000'00"W 69.96 FEET TO THE NORTHWEST CORNER OF SAID LOT D-1, ALSO BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF HANSON RANCH ROAD; THENCE, ALONG THE NORTHERLY LINE OF SAID LOT D-1, ALSO BEING THE SOUTHERLY RIGHT OF WAY OF HANSON RANCH ROAD, 32.68 FEETALONG THE ARC OF A CURVE TO THE LEFT, HAV INGA RADIUS OF 160.17 FEET, A DELTAANGLE OF 11041'22", AND A CHORD THAT BEARS N7901712311E 32.62 FEET, THENCE DEPARTING SAID NORTHERLY LINE S01029'38"W 108.75 FEET;THENCE N84°04' 48"W 131.39 FEET TO A POINT OF THE EXTENSION OF THE WEST LINE OF A PARCEL SHOWN PART OF LOT D; THENCE ALONG SAID EXTENSION, NOO000'00"E 19.82 FEET TO THE SOUTHWEST CORNER OF SAID PART OF LOT D; THENCE ALONG THE SOUTH LINE OF SAID PART OF LOT D, N90000'00"E 111.21 FEET, TO THE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: V50050360-5 Customer Ref -Loan No.: Copyright 2006-2018 American Land Title Association. All Rights Reserved AME-_ LAND TITLE The u se of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of u se. All other ses are prohibited. Reprinted under license f rom the American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: V50050360-5 The f ollowingare the requirements must be met: This proposed Insured must notifythe Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount f orthe estate or interest to be insured. Pay the premiums, fees,and charges f orthe Policy to the Company. Documents satisfactory to the Company that convey the Title or createthe Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 1. RECORD DULY EXECUTED AND ACKNOWLEDGED EXEMPTION PLAT. NOTE: A COPY OF SAID PLAT MUST BE SUBMITTED TO LAND TITLE GUARANTEE COMPANY PRIOR TO RECORDATION. UPON RECEIPTAND REVIEW FURTHER REQUIREMENTSAND/OR EXCEPTIONS MAYBE NECESSARY. 2. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR VAILPOINT, LLC, A COLORADO LIMITED LIABILITY COMPANY RECORDED JUNE 24, 2015 AT RECEPTION NO. 201511553 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES GEORGE H. SOLICH AS THE MANAGER AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR 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. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: V50050360-5 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specif iccovenant, conditions, restriction, or limitation violates state or f ederallaw based on race, color, religion, sex, sexual orientation, gender identity, handicap, familialstatus, or national origin. 1. Any facts,rights, interests, or claims thereof,not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof,not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, f orservices, labor or material heretofore or hereafter f urnished, imposed by law and not shown by the Public Records. 5. Defects,liens, encumbrances, adverse claims or other matters, if any, created, f irstappearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record f orvalue the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c) water rights, claims or title to water. (ITEMS 8-12 AFFECT PARCEL 1) 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899, IN BOOK 48 AT PAGE 475. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899, IN BOOK 48 AT PAGE 475. 10. RESTRICTIVE COVENANTS WHICH DO NOT CONTAINA FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPTTO THE EXTENT THAT SAID COVENANTOR RESTRICTION IS PERMITTED BYAPPLICABLE LAWAS CONTAINED IN INSTRUMENT RECORDEDAUGUST 10, 1962, IN BOOK 174 AT PAGE 179. 11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF VAIL VILLAGE FIRST FILING RECORDEDAUGUST 6, 1962 UNDER RECEPTION NO. 96382. Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: V50050360-5 12. MATTERS DISCLOSED ON IMPROVEMENT LOCATION CERTIFICATE ISSUED BY EAGLE VALLEY SURVEYING CERTIFIEDAPRIL20, 2015, JOB NO. 366HANSONRANCH. (ITEMS 13-19 AFFECT PARCEL 2) 13. RIGHT OF WAY FOR DITCHES AND CANALSAS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899 IN BOOK 48 AT PAGE 475. 14. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, EASEMENTSANDAGREEMENTSAS SET FORTH IN THE WARRANTY DEED RECORDED JULY 10, 1963 IN BOOK 177 AT PAGE 127. 15. COVENANTS, CONDITIONS, RESTRICTIONSAND PROVISIONSAS SET FORTH IN PROTECTIVE COVENANTS OF VAIL VILLAGE FIFTH FILING RECORDED NOVEMBER 15, 1965 IN BOOK 187 AT PAGE 353, AMENDMENT THERETO RECORDEDAUGUST 30, 1971 IN BOOK 221 AT PAGE 496 AND AMENDMENT THERETO RECORDEDAUGUST 27, 1984 IN BOOK 393 AT PAGE 492, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. 16. EASEMENTS, NOTES, COVENANTS, RESTRICTIONSAND RIGHTS-OF-WAYAS SHOWN ON THE PLAT OF VAIL VILLAGE FIFTH FILING, RECORDED NOVEMBER 15, 1965 AT RECEPTION NO. 102538. 17. EASEMENTS, NOTES, COVENANTS, RESTRICTIONSAND RIGHTS-OF-WAYAS SHOWN ON THE PLAT OF A RESUBDIVISION OF TRACT E, VAIL VILLAGE, FIFTH FILING AND A PART OF LOT C, BLOCK 5-C, VAIL VILLAGE, FIRST FILING AND GOLDEN PEAK HOUSE, RECORDEDAPRIL 25, 1995 IN BOOK 665 AT PAGE 983. 18. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED JANUARY 16, 2018 AT RECEPTION NO. 201800801. 19. THE POLICY TO BE ISSUED WILL GUARANTEE FEE OWNERSHIP AND POSSESSION IN ACCORDANCEWITH ITS PROVISIONS, BUT WILL NOT GUARANTEE MARKETABILITY. MARKETABILITY WILL BE GUARANTEED BEGINNING 6 MONTHS FROM THE ISSUANCE OF THE DECREE, PROVIDEDTHATNO STEPS HAVEATTHATTIME BEEN INITIATEDTO SETASIDE OR TO OTHERWISE IMPAIR THE EFFECTOR VALIDITY OF THE DECREE. JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY Land Title LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY 1AARANITr - LAND TITLE INSURANCE CORPORATION AND _SFA-ef A''p` OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provi dedto you as a customer of Land Title Guarantee Company and Meri di anLand 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 securityis one of our highest priorities. Werecognizethatmaintaininwour trust and confidenceisthe bedrock of our business. We maintainand regularly reviewinternaland external safeguards againstunauthorizedaccessto 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 receivefrom you, i ncludi ngcommunications sent through TMX, our web -based transaction management system; your transactions with, or from the servi cesbei ng performed by, us, our affiliates, or others; a consumer reporti ngagency, if such information is providedto us i n con nectionwithyour transaction; and the publi crecords mai ntai nedby governmental entiti esthatwe eitherobtai ndirectlyfrom those entities,or from our affiliates and non -affiliates. Our policiesregardingthe protection of the confidentiality and securityof your Personal Information are as follows: We restrict accessto all Personal Information aboutyou to those employeeswho need to knowthat information in order to provi deproducts and servi cesto you. We mai ntainphysical,electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorizedaccess or intrusion. Employeeswhoviolateour strictpoliciesand procedures regardingprivacy are subject to disciplinary action. We regularly access securi tystandards and proceduresto protect agai nstunauthorizedaccess to Personal Information. WE DO NOT DISCLOSEANY PERSONAL INFORMATION ABOUTYOU WITHANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistentwi th applicable privacy laws, there are some situations i n which Personal Information maybe disclosed. We may discloseyour Personal Information when you director giveus permission;when we are requi red by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or cri mi nalactivities. We also may discloseyour Personal Information when otherwise permittedby applicable privacy laws such as, for example, when disclosureis needed to enforce our rightsarisi ngout of any agreement, transaction or relationship withyou. Our policyregardingdisputeresolutionis as follows. Any controversy or claimarisingout of or relatingto our privacy policy,or the breach thereof, shall be settled by arbitration in accordance withthe rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered i n any court havi ngjurisdi cti onthereof. W" LAND TITLE GUARANTEE COMPANY Land Tififf cuuUM-EE COMPAnr &UCE fes_., DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The Subject real property maybe located in a special taxing district. B) A certificate of taxes due li sti ngeach taxing jurisdi cti onwi II 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 instructionsto the contrary. (for an Owner's Policy of Title Insurance pertai ni ngto a sale of resi denti alreal property) C) The i nformati onregardi ng speci al di stri ctsand the boundaries of such di stri ctsmay be obtained from the Board of County Comm i ssi oners,the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requi resthat all documents received for recording or fi li ngi n the clerk and recorder's office shall contain atop 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 fi li ngi nformati onat the top margin of the document. Note: Colorado Divisionof Insurance Regulations 8-1-2 requires that "Every title entity shalI 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 fi li ngof 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 wi IIn ot appear on the Owner's Title Policy and the Lenders Policywhen issued. Note: Affirmative mechanic's li en protecti onfort he Owner maybe avai Iable(typically by deletion of Exception no. 4 of Schedule B-2 of the Commitment from the Owner's Poli cyto be issued) upon compli ancewiththe 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 materi al -mentor purposes of construction on the land described in Schedule A of this Commitment withinthe past 6 months. C) The Company must receive an appropriate affidavit i ndemni fyi ngthe Company against un-fi led mechanic's and material -men's Ii ens. D) The Company must receive payment of the appropriate premium. E) If there has been constructi on, i mprovementsor major repairsundertaken on the property to be purchased withinsix months prior to the Date of the Commi tment,the requi rementsto obtai n coverage for unrecorded Ii ens wi II i nclude: di sclosure of certai n constructi oni nformati on;fi nanci ali nformati onas to the seller, the bui Ider and or the contractor; payment of the appropriate premi um fully executed IndemnityAgreements satisfactory to the company, and, any additi onalrequi rementsas may be necessary after an exami nati onof the aforesai di nformati onby the Company. No coverage wi II be gi ven under any ci rcumstancesfor labor or materi alfor whi ch the i nsured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, noti ce i s hereby gi ven: Thi s noti ce appli es to owner's poli cy commitmentsdi sclosi ngthat a mi neral estate has been severed from the surface estate, i n 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 a substanti al li keli hoodthat a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mi neral estate may include the ri ght to enter and use the property wi thoutthe surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly providef alse, incomplete, or misleadi ngf acts or informati onto an insurance company for the purpose of def raudi ng or attempti ngto defraud the company. Penalti esmay include i mpri sonment,fi nes, denial of insurance, and ci vi Idamages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleadi ngfacts or i nformati onto a poli cyholder or clai mantfor the purpose of defraudi ng or attempti ngto defraud the poli cyholder or clai mantwi th regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Divisionof Insurance withinthe Department of Regulatory Agencies. Note: Pursuant to Colorado Divisionof Insurance Regulations8-1-3, noticeis hereby given of the availability of a closing protection letterforthe lender, purchaser, lessee or seller in con nectionwiththis transaction. Commitment For Title Insurance Issued by OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY NOTICE r IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE POLICY TOA PROPOSED INSURED IDENTIFIED IN SCHEDULE AIN ACCORDANCEWITH THE TERMSAND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, PartI—Requirements; Schedule B, Part ll—Exceptions; and the Comm itmentConditions,Old republic National Title Insurance Company,A Minnesota corporation (the "Company"), commits to issue the Policy according to the terms and provisionsof this Commitment. This Comm i tment i s effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the speci fi eddollar amount as the Proposed PolicyAmount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met withi n6 months after the Commitment Date, this Commitment ter min atesand the Company's li abi li tyand obli gati onend. COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructivenoti ce i mparted by the Public Records. (b) "Land": The land described in Schedule A and affixedi mprovementsthat bylaw constitutereal property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,alleys, lanes, ways, or waterways, but thisdoes not modifyor Ii mitthe extent that a rightof access to and from the Land isto be insured by the Policy. (c) "Mortgage":A mortgage, deed of trust, or other securityinstrument, includi ng one evidencedby electronicmeans authorized by law. (d) "Policy": Each contract of title i nsurance, i n a form adopted by the Ameri can Land TitleAssoci ati on,i ssued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified n Schedule A as the Proposed Insured of each Policyto be issued pursuant to this Commitment. (f) "Proposed PolicyAmount": Each dollar amount specifiedi n Schedule A as the Proposed PolicyAmount of each Policyto be issued pursuantto this Commitment. (g) "Public Records": Records established understate statutes at the Commitment Date for the purpose of i mparti ngconstructive notice of matters relati ngto real propertyto purchasers for value and without Knowledge. (h) "Title": The estate or i nterestdescri bed in Schedule A. 2. If all of the Schedule B, Part I—Requi rements have not been met withi nthe time period speci f edi n the Commitmentto Issue Policy, Comi tmentterm i nates and the Company's I abi Ii tyand obli gati onend. 3. The Company's liabilityandobligationislimitedbyand this Commitment isnot validwithout: (a) the Notice; (b) the Commitmentto Issue Policy; (c) the Commi tment Condi ti ons; (d) Schedule A; (e) Schedule B, Part I—Requirements; [and] (f) Schedule B, Part II—Exceptions[; and (g) a counter-si gnatureby the Company or its i ssui ng agent that maybe in electroni cf orm. 4. COMPANY'S RIGHT TO AMEND The Company may amend thi s Commitmentat any time. If the Company amends thi sCommitmentto add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records pri orto the Commitment Date, any Ii abi lityof the Company is Ii mitedby Commitment Conditi on5. The Company shall not be Ii ablefor any other amendment to this Commitment. LIMITATIONS OF LIABILITY (a) The Company's li abi lityunder CommitmentCondi ti on4 is Ii mitedto the Proposed Insured's actual expense i ncurredi nthe i ntervalbetween the Company's deli veryto the Proposed Insured of the Commi tmentand the deliveryof the amended Commitment, resulti ngfrom the Proposed Insured's good faithrelianceto: (I) comply with the Schedule B, Part I—Requi rements; (ii) eli mi nate,wi th the Company's wri ttenconsent, any Schedule B, Part I I—Excepti ons;or (i i i)acqui rethe Titleor create the Mortgage covered by this Commitment. (b) The Company shall not be liable under CommitmentCondition5(a) ifthe Proposed Insured requested the amendment or had Knowledge of the matter and did not notifythe Company about it i nwriti ng. (c) The Company will only have Ii abi lityunder CommitmentConditi on4 ifthe Proposed Insured would not have i ncurredthe expense had the Commitmenti ncluded the added matter when the Commitmentwasfi rstdeliveredto the Proposed Insured. (d) The Company's Ii abi lityshall not exceed the lesser of the Proposed Insured's actual expense incurred in good faithand described in CommitmentConditi ons5(a)(i)through 5(a)(i i i)or the Proposed Poli cyAmount. (e) The Company shall not be Ii ablefor the content of the Transaction Identi fi cati orData, if any. (f) In no event shall the Company be obligatedto i ssuethe Policy referred to i nthisCommitmentunless all of the Schedule B, Part I—Requi rementshave been met to the satisfaction of the Company. (g) In any event, the Company's Ii abi li tyi s Ii mitedby the terms and provi si onsof the Poli cy. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified nSchedule A, and no other person, may make clai munder thi sCommitment. (b) Any clai m must be based i n contract and must be restri ctedsolely to the terms and provi si onsof thi sCommitment. (c) Unti I the Policy is issued, this Commitment, as last revised, is the exclusi veand entire agreement between the parti eswi th respect to the subject matter of this Commi tment and supersedes all pri orcommi tment negoti ati ons,representations, and proposals of any kind, whether writtenor oral, express or i mpli ed,relati ngto the subject matter of thi sCommi tment. (d) The deleti on or modifi cati orof any Schedule B, Part II—Excepti ondoes not constitutean agreement or obli gati onto provide coverage beyond the terms and provi si onsof this Commi tmentor the Policy. (e) Any amendment or endorsement to this Commi tmentmust be i nwriti ng[and authenti catedby a person authorized by the Company]. (f) When the Poli cy i s i ssued, all Ii abi Ii tpnd obli gati onunder thi s Commi tmentwi 11 end and the Company's only Ii abi Ii tMi 11 be under the Poli cy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The i ssui ngagent is the Company's agent only for the Ii mitedpurpose of i ssui ngtitie i nsurancecommitmentsand poli ci es.The i ssui ngagent is not the Company's agent for the purpose of provi di ngclosi ng or settlement services. 8. PRO -FORMA POLICY The Company may provi de, at the request of a Proposed Insured, a pro -forma poli cyi Ilustrati ngthe coverage that the Company may provi de.A pro -forma policy neither reflects the status of Ti tleat the ti methat the pro -forma poli cy i s deli veredto a Proposed Insured, nor i s i to commi tmentto i nsure. 9. ARBITRATION The Poli cycontai nsan arbitration clause. All arbitrable matters when the Proposed Poli cyAmount is $2,000,000 or less shall be arbitrated at the option of eitherthe Company or the Proposed Insured as the exclusive remedy of the parti es.A Proposed Insured may revi ewa copy of the arbitration rules at http1/www.alta.org/arbitration. Issued by: + i I ++'+ Land TitleGuarantee Company ++ ++ TIT (4 3033 East Fi rstAvenue Suite 600 ; • p�iP'�' Denver, Colorado 80206 A; G 303-321-1880 211 * * Marx 8fl6rey President AMERICAN LAND TITLE 1,070 AuthorizedOfficer or Agent 4F 1 0 . 1 + Old Republic Nati onalTitleinsurance Company a Stock Company 400 Second Avenue South Mi nneapoli s,Mi nnesota55401 (612)371-1111 Mato— Marx 8fl6rey President AMERICAN LAND TITLE ASSOCIATION r2 a.10e Yeager Sncretary - �+ This page is onlya part of a 2016ALTAO Commitment for Title Insurance Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule B, Part 1—Requirements; and Schedule B, Part II—Exceptions[; and a counter -signature b ythe Company or its issuing agent that may b ein electronic form] Copyright 2006-2016 American Land Title Association. All r ights reserved. The use of thi s Form (or any derivative thereof) i s restricted to ALTA I censees and ALTA members i n good stand ngas of the date of use. All other uses are prohi bi ted Repri ntedunder I censefrom the American Land Ti tleAssociation. EXEMPTION PLAT LOT 1, 366 HANSON RANCH ROAD SUBDIVISION PART OF LOT d, BLOCK 2, VAIL VILLAGE, FIRST FILING, LOT d-1, BLOCK 2, -- - - ------------ VAIL VILLAGE, FIFTH FILING AND TRACT E, VAIL VILLAGE FIFTH FILING TOWN OF VAIL, EAGLE COUNTY, COLORADO -p,,,z-- — - -- - -- - - ------ ---------------- PRELIMINARY 5/4/2018 n,;, —C, ------------ SCALE 1 =10 oz (40' a W i / ..gym a e,�a „ u, ," , me." . mese"ee. m,.. ""e v„e.a•_.. e,=.,,,e ", ,..e.. ,,." o- ve,[msnam M ,�." o- va. ,,. �aevsrcm o, me r ROAD zz- -------------- - --------------- -- ---- WT I. 366 --------------------------------------- ---------------------------------------- — — — -- — -- — -- — -- — -- — - J---------------------- ----------------- — — — — — — — — — — — — — — — — — — — — — — TRACT E R T E ---------------- — -- ----------- -- ---------- --------------------------------------------------------- -------------------------- -- ---------------------- ------------------------------- --------------- - ----------------------- ---------- TRACT E --------------- - -------------------- --------------------- ------------------------- City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: June 25, 2018 ITEM/TOPIC: A request for review of Major Exterior Alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0016) The applicant is returning to the PEC to discuss discreet elements of the project. No request for formal action is being made at this time. Staff requests that this item be continued to the July 9, 2018 Planning and Environmental Commission meeting. ATTACHMENTS: File Name Description PEC18-0016 Staff Memo (no decision 2nd meeting).pdf Staff Memorandum Attachment A. Vicinity map.pdf A. Vicinity Map B. Applicant Memo June 18 2018.pdf B. Applicant Memo, June 18, 2018 C. Sun -Shade Analysis dated March 29 2018.pdf C. Sun/Shade Analysis, dated March 29, 2018 WAV111112 0 VAIL � Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 25, 2018 SUBJECT: A request for review of a Major Exterior Alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0016) Applicant: Battle Mountain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence SUMMARY The applicant, Battle Mountain LLC, represented by Braun Associates, Inc., requests the review of a Major Exterior Alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1. This application is being heard in concert with PEC18-0017 Final Plat and PEC18-0019 Prescribed Regulations Amendment. In addition, the applicant also requests the review of a variance from Section 12-7H-10, Setbacks, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a rear setback of zero feet (0') where ten feet (10') is required for the new multifamily structure. The June 25, 2018 meeting shall serve as an opportunity to discuss elements of the project that arose at the June 11, 2018 meeting. Staff requests that this item be tabled to the July 9, 2018 meeting. II. DESCRIPTION OF REQUEST Battle Mountain LLC, represented by Braun Associates, Inc. is proposing a six -story multi -family residential project consisting of the following components: • Nine (9) residential condominiums ranging in size from 2,265 square feet to 3,810 square feet. • Three (3) on-site Type VII-IZ Employee Housing Units totaling 2,960 square feet, an increase of 576 square feet over the requirement. • A first floor lobby and common area including sitting areas, a fitness center, owner's storage and a small office for building management and short-term rental management. • A three (3) story underground automated parking system capable of providing 93 automobile parking spaces. • Associated site improvements and landscaping including pedestrian related improvements to the alley. III. BACKGROUND The subject property was annexed into the Town of Vail (Town) by Ordinance No. 8, Series of 1969, which became effective on August 23, 1969. Vail/Lionshead Filing No. 1 was approved by the Board of Trustees of the Town of Vail on April 27, 1970 and was subsequently recorded with the Eagle County Clerk and Recorder on May 10, 1970. In 1973 a two-level parking structure was built on this property and also built on the property immediately to the west to meet the parking demands of adjacent developments including Vail 21, the Lift House and the Lions Pride building, among others. Over the last 25 years, the property has continued to provide this parking, however the exact arrangements in regard to leases, easements or other legal instruments are largely unknown. The exception to this statement is Vail 21 whose rights and obligations related to the parking structure were resolved through legal action in 2007. The Town of Vail is not a party to any of these private agreements. Due to structural deficiencies, the top deck of the existing parking structure will be removed this summer with the lower level re -graded and /or maintained until redevelopment occurs. Section 12-10-3: Existing Facilities of the Vail Town Code requires that existing parking facilities not be reduced in capacity to less than the number of spaces prescribed by the Code. The project, as proposed, meets this requirement. IV. DISCUSSION QUESTIONS This meeting before the Planning and Environmental Commission shall serve as an opportunity to discuss elements of the project raised at the June 11, 2018 PEC meeting. As noted previously, this project includes not only the review of the proposed structure and related requested setback variance but also the review of a subdivision and prescribed regulation amendment. The PEC requested the applicant return to the PEC to discuss the following elements of the project: • Parking, existing, interim and proposed including a discussion of the proposed amendment to the Pay -in -lieu Parking Map and the proposed mechanical parking system. • Architectural treatment of the north facade. • Roof/Wall Interface, eave line and roof material • Mitigation of snow shed • Sun Shade Analysis The applicant has provided a memo discussing these items that has been included as Attachment B. A Sun/Shade analysis has also been included as Attachment C. V. APPLICABLE PLANNING DOCUMENTS Title 12, Zoninq Regulations, Vail Town Code (in part) ARTICLE H — Lionshead Mixed Use 1 (LMU-1) District 12-7H-1: PURPOSE.- The URPOSE: The Lionshead mixed use 1 district is intended to provide sites for a mixture of multiple - family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead mixed use 1 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Additionally, the incentives are created to help finance public off site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-2: PERMITTED AND CONDITIONAL USES, BASEMENT OR GARDEN LEVEL.- A. EVEL: A. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure.- Banks tructure: Banks and financial institutions. Child daycare centers. Commercial ski storage/ski club. Eating and drinking establishments. Employee housing units, as further regulated by chapter 13 of this title. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-3: PERMITTED AND CONDITIONAL USES, FIRST FLOOR OR STREET LEVEL.- A. EVEL: A. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure.- Banks, tructure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Employee housing units, as further regulated by chapter 13 of this title. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-4: PERMITTED AND CONDITIONAL USES, SECOND FLOOR AND ABOVE.- A. BOVE: A. Permitted Uses: The following uses shall be permitted on those floors above the first floor within a structure.- Accommodation tructure: Accommodation units. Attached accommodation units. Employee housing units, as further regulated by chapter 13 of this title. Lodges. Multiple -family residential dwelling units, lodge dwelling units. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-6: ACCESSORY USES.- The SES: The following accessory uses shall be permitted in the Lionshead mixed use 1 district.- Home istrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses. Minor arcades. Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple -family uses. Outdoor dining decks and patios. Swimming pools, tennis courts, patios or other recreation facilities customarily incidental to permitted residential or lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building or the alteration of an existing building that is not a major exterior alteration as described in subsection 8 of this section shall be reviewed by the design review board in accordance with chapter 11 of this title. 1. Submittal Items Required: The submittal items required for a project that is not a major exterior alteration shall be provided in accordance with section 12-11-4 of this title. B. Major Exterior Alteration: The construction of a new building or the alteration of an existing building which adds additional dwelling units, accommodation units, fractional fee club units, timeshare units, any project which adds more than one thousand (1, 000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the administrator) shall be reviewed by the planning and environmental commission as a major exterior alteration in accordance with this chapter and section 12-3-6 of this title. Any project which requires a conditional use permit shall also obtain approval of the planning and environmental commission in accordance with chapter 16 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community development for planning and environmental commission and design review board review. 1. Submittal Items Required, Major Exterior Alteration: The following submittal items are required.- a. equired: a. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. b. Application, Contents: The administrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. C. Work Sessions/Conceptual Review: If requested by either the applicant or the administrator, submittals may proceed to a work session with the planning and environmental commission, a conceptual review with the design review board, or a work session with the town council. D. 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. E. Lapse Of Approval: Approval of an exterior alteration as prescribed by this article shall lapse and become void two (2) years following the date of approval by the design review board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed. (Ord. 29(2005) § 24: Ord. 5(2003) § 11: Ord. 8(200 1) § 2: Ord. 3(1999) § 1) 12-7H-8: COMPLIANCE BURDEN.- It URDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead mixed use 1 district, that the proposal is consistent with applicable elements of the Lionshead redevelopment master plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-9: LOT AREA AND SITE DIMENSIONS.- The IMENSIONS: The minimum lot or site area shall be ten thousand (10, 000) square feet of buildable area. (Ord. 3(1999) § 1) 12-7H-10: SETBACKS: The minimum building setbacks shall be ten feet (10) unless otherwise specified in the Lionshead redevelopment master plan as a build to line. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-11: HEIGHT AND BULK: Buildings shall have a maximum average building height of seventy one feet (71) with a maximum height of 82.5 feet, as further defined by the Lionshead redevelopment master plan. All development shall comply with the design guidelines and standards found in the Lionshead redevelopment master plan. Flexibility with the standard, as incorporated in the Lionshead redevelopment master plan, shall be afforded to redevelopment projects which meet the intent of design guidelines, as reviewed and approved by the design review board. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-12: DENSITY (DWELLING UNITS PER ACRE).- Up CRE): Up to a thirty three percent (33%) increase over the existing number of dwelling units on a property or thirty five (35) dwelling units per acre, whichever is greater, shall be allowed. For the purpose of calculating density, employee housing units, accommodation units, attached accommodation units, timeshare units, and fractional fee club units shall not be counted as dwelling units. Additionally, a "lodge dwelling unit", as defined herein, shall be counted as twenty five percent (25%) of a dwelling unit for the purpose of calculating density. (Ord. 18(2005) § 2: Ord. 31(2001) § 5: Ord. 3(1999) § 1) 12-7H-13: GROSS RESIDENTIAL FLOOR AREA (GRFA): Up to two hundred fifty (250) square feet of gross residential floor area shall be allowed for each one hundred (100) square feet of buildable site area, or an increase of thirty three percent (33%) over the existing GRFA found on the property, whichever is greater. Multiple -family dwelling units in this zone district shall not be entitled to additional gross residential floor area under section 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance) ", of this title. (Ord. 3(1999) § 1) 12-7H-14: SITE COVERAGE.- Site OVERAGE: Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Lionshead redevelopment master plan. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-15: LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent (20%) of the total site area shall be landscaped, unless otherwise specified in the Lionshead redevelopment master plan. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-16: PARKING AND LOADING.- Off OADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least one-half (1/2) of the required parking shall be located within the main building or buildings. (Ord. 3(1999) § 1) 12-7H-17: LOCATION OF BUSINESS ACTIVITY: A. Limitations, Exception: All offices, businesses and services permitted by zone district shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, the outdoor display of goods, or outdoor restaurant seating. B. Outdoor Displays: 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. 3(1999) § 1) 12-7H-18: MITIGATION OF DEVELOPMENT IMPACTS.- Property MPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: employee housing per the town's current employee housing policy, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. (Ord. 14(2006) § 3: Ord. 29(2005) § 24: Ord. 3(1999) § 1) 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. 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. LIONSHEAD REDEVELOPMENT MASTER PLAN The Lionshead Redevelopment Master Plan is the guiding document when it comes to the analysis, review and approval of projects within the Lionshead planning area. Staff encourages the Commission to review the document, a link to which has been provided as Attachment D. Special attention should be given to the following sections: • Chapter 2: Introduction including purpose, definition and policy objectives. • Chapter 4: Master Plan Recommendations -Overall Study Area, with special attention to Sections 4.7.3.2, 4.11, and 4.13 • Chapter 5: Detailed Plan Recommendations, specifically Section 5.7 • Chapter 8: Architectural Design Guidelines, with special attention to 8.4.2, VI. ZONING ANALYSIS Address: 534 East Lionshead Circle Legal Description: Lot 2A and Tract K, Vail/Lionshead Filing No. 1, a Resubdivision Lot Size: .314 acre (13,677 sq. ft.) Existing Zoning: Lionshead Mixed Use 1 (LMU-1) Land Use Designation: Lionshead Redevelopment Master Plan Mapped Geological Hazards: None Development Required by Town Proposed Complies? Standard Code Lot Size Min. 10,000 sq. ft. .314 acre (13,677 sq. Complies ft.) Minimum Setbacks Front — 10' North: 10' Variance to west Side — 10' South: 10' setback requested, Rear — 10' East: 10' per Section 12-7H-10: West: 0' Setbacks Maximum Height 82.5 ft. max 81 ft. max Complies 71 ft. averse 71 ft. average Maximum Dwelling 35 DUs/ per acre, or 9 dwelling units (28.6 Complies units/acre 11 units on a .314 du/buildable acre) acre parcel. GRFA Max. 250/100 24,085 sq. ft. Complies Buildable Site Area or 25,917 sq. ft. * Site coverage Max. 70% of site area 8,020 sq. ft. or 59% Complies maximum or 9,754 sq. ft. Minimum Min. 20% of site area 2,740 sq. ft. or 20% Complies Landscaping or 2,735 sq. ft. Required Parking 1.4 per unit or 17 93 spaces** Complies spaces *Although the Development Lot includes Tract K, per an agreement with a part owner of the tract, GRFA is limited to that associated with Lot 2A. **The proposed 93 spaces accommodate the parking generated by the proposed development, replaces existing parking as required by Section 12-10-3 and provides a surplus of parking. VII. SURROUNDING LAND USES AND ZONING North: Lodging/Multi-Family Lionshead Mixed Use 1 (LMU-1) South: Mixed Use Lionshead Mixed Use 1 (LMU-1) East: Welcome Center General Use West: Lodging/Multifamily Lionshead Mixed Use 1 (LMU-1) VIII. REVIEW CRITERIA -MAJOR EXTERIOR ALTERATION As this is a work session staff will not be addressing the criteria at this time. Staff will address each criterion in full at the next meeting. Maior Exterior Alteration Section 12-7H-8, Compliance Burden, Vail Town Code, outlines the review criteria for major exterior alteration applications proposed within the Lionshead Mixed Use 1 (LMU-1) zone district. According to Section 12-7H-8, Vail Town Code, a major exterior alteration shall be reviewed for compliance with the following criteria: 1. That the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district; 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan; 3. That the proposal does not otherwise have a significant negative effect on the character of the neighborhood; and, 4. That the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. IX. REVIEW CRITERIA — VARIANCES The application has requested a variance from the required ten foot (10') rear (west) setback. The applicable criteria for the granting of such a variance are as follows: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 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. 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. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. X. STAFF RECOMMENDATIONS The Community Development Department recommends tabling PEC18-0017 to the July 9, 2018 PEC meeting. XI. ATTACHMENTS A. Vicinity Map B. Applicant Memo, June 18, 2018 C. Sun/Shade Analysis, dated March 29, 2018 D. Link to Lionshead Redevelopment Master Plan https://www.vailgov.com/Portals/0/docs/communitv%20development/Planninq%20Pr oiects/Lionshead%20Master%20PIan/Lionshead-Redevelopment-Master-Plan- 20180328.pdf Launch Development PEC18-0016 & PEC18-0018 534 E Lionshead Circle / Lots 2 & 3 and Tract K, Vail Lionshead Filing I Subject Property ��j Feet 0 25 50 100 Let Modif,.d: June 4, 2016 TOWK OF MAIL' MEMORANDUM To: Jonathan Spence From: Tom Braun Date: June 18, 2018 CC: Bill Pierce, Kit Austin, Kurt Rhoden, Craig Laderoute, Ryan Osborne, Sean McGinley RE: Elevation, 534 East Lionshead Circle The purpose of this memo is to summarize refinements that have been made to proposed plans for Elevation and additional project information that has been provided in response to the PEC'sJune 5th meeting. Follow-up from three discussion topics raised by staff Roof/Wall interface Two refinements have been made in response to staff and PEC comments to strengthening the integration of the roof and walls: o The shed dormer on the south side of the building has been extended to the south face of the building. This change breaks up the eave line and serves to visually merge the roof with walls below. o An additional shed dormer that breaks the eave line has been added to the north side of the building. Refer below to Perspective 1— Roof/Walls and Perspective 2 — North Elevation. Live Beds Based on information provided regarding how the proposal addresses goals for "live beds" in Lionshead, it is assumed that this topic is adequately addressed. Rear Setback Variance Staff and PEC seemed comfortable with the rationale for the proposed 0' setback between Elevation and Lazier's adjoining site and how the 0' setback will facilitate a collaborative design solution between the two projects. Concerns expressed with the 0' setback focused on the aesthetics of the ground level west wall and the period of time the west will be in place and visible from vehicles and pedestrians using the alley (given the unknown time frame for when Lazier will build, at which point the west wall will no longer be visible). The perspective provided herein depicts the wall in context with the rest of the building, landscaping to be done as part of Elevation and parking that will occur on Lazier's site. Launch is also proposing decorative treatment of the wall surface that will "break up" the long wall plan and add visual interest to the wall. The approach is to depict a profile of a mountain range on the wall. This treatment could be done in one of the following ways: • Cut metal depicting a mountain profile applied to the concrete wall, • Cut metal depicting a mountain profile applied to siding, • Painted mural on the wall surface depicting a mountain profile, or • Use of a form liner to depict to create an impression of the mountain profile within the wall and then stain the mountain impression Perspective 3 — West Wall depicts one concept for the mountain profile. It assumes siding on the wall with cut metal affixed to the siding. Final decisions on the details for how the mountain profile is implemented will be made during the DRB process. It should also be noted that if during the construction of Elevation, it becomes clear that Lazier's project will be moving forward, Launch would coordinate with staff to eliminate any decorative treatment of the wall. Other Design -related Questions Below are responses to design related questions from PEC's June 5t" meeting. North Elevation The north side of the building is at the required 10' setback. As per the LHMP design guidelines, the north elevation varies with material changes and building "stepbacks", or offsets. In deference to the neighboring building, there are no balconies and noticeably fewer windows on the north side of the building. Refer below to Perspective 2 — North Elevation. Roof/Snow shedding Snow guards will be incorporated into the roof system with more detailed information provided at DRB review. Roof material/color The roof material to be used on the building is identical to that used on the Town's Visitor Center and Vantage Point. Photos of these roofs are provided below. Final determination of roof color will be made during the DRB process. Perspective 4 below provides a composite view of the proposed building. Automated Parking System (info below to be present at 6/25 meeting) • Why automated parking • About CityLift/How system works 2 • User operation of automated parking system • Cold weather installations/considerations • Maintenance/Service of the system Amendment to Pay -in -lieu Parking Map (info below to be presented at 6/25 meeting) • Why Vail has pay -in -lieu parking • Proposed map amendment • What it means if pay -in -lieu map is not amended • Lionshead Master Plan — Chapter 4/Overall Study Recommendations for East Lionshead Circle o "de-emphasize" traffic on ELC o Limit traffic to "service vehicles, buses and local residents" ... measures are important to reduce conflicts between vehicles and pedestrians at the crossing from structure ... " • Lionshead Master Plan — Chapter 5/Detailed Plan Recommendations for Lions Pride building and parking structure o "redevelopment and compliance with Master Plan should be considered a priority" o "the existing parking must be replaced, most likely underneath a new structure . .. accessed from alley or ELC" • Reasons why existing map is in error o Parking is accessible via town road o Parking access does not interfere with pedestrians o Parking structure existing at time map was adopted o LHMP specifically says "parking must be replaced" o Section 12-10-3 of zoning code, re: maintenance of existing/required parking Existing, Interim and Proposed Parking Below is a summary of parking, additional information will be presented at the PEC's June 25th meeting. Existing Parking • History of parking structure, Vail 21, Lionshead Arcade, Lifthouse and Lions Pride buildings • 1972 letter from town, re: parking and summary of existing surface and structured parking: o Launch - 24 top deck/20 ground level/8 surface = 52 total spaces o Lazier — 34 top deck/37 ground level/20 surface = 91 spaces 0 143 total spaces 3 A diagram depicting existing parking is attached below. • How parking has been allocated in the past • Interim situation — parking available after deck demolition: o Launch — 27 surface spaces o Lazier — 55 surface spaces (final number subject to design/location of structural supports, etc.) 0 82 total spaces after deck demo and before opening of Launch building A diagram depicting interim parking after demo of the upper deck is attached below. • Timeframe(s) for replacement of parking and final parking conditions o Launch's intent — provide a minimum of 69 existing spaces to be provided (replace 52 existing spaces/17 spaces new demand) as defined in their development application. Planned construction start of Spring 2019. o Lazier's intent — will replace the 91 existing spaces and provide additional parking as required for the new residential development. This intention will be documented in Lazier's formal development application to be submitted later this summer. Goal for construction start is Spring 2019. 4 All! k $4, 7% 4. H d10 .. ■ �� i 1 s 41 n*7 Launch/Lazier Existing Parking Summary 6/18/18 24 peck Spaces 34 peck Spaces 20 Grade Spaces; ,r' ! 37 Grade Spaces Existing Parking Condition 8 Spaces Launch -52 Spaces Lazier - 91 Spaces 1 ExisTiN�lRnsn ervc�osuRes -- Ta REMAIN � Interm/Post Demolition Condition Lazier - 55 Spaces Launch - 27 Spaces Interim Parking Condition Al OEM r i Launch -52 Spaces Lazier - 91 Spaces 1 ExisTiN�lRnsn ervc�osuRes -- Ta REMAIN � Interm/Post Demolition Condition Lazier - 55 Spaces Launch - 27 Spaces Interim Parking Condition Al OEM SPRING EQUINOX FALL EQUINOX WINTER SOLSTICE City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: June 25, 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 lines between two (2) development lots located at 500 & 534 East Lionshead Circle/Lots 1,2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0017) Staff will not be providing a staff memorandum for this item. Staff requests that the Planning and Environmental Commission continue this item to the July 9, 2018 meeting. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: June 25, 2018 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a prescribed regulations amendment to Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, pursuant to Section 12-3-7 Amendment, Vail Town Code, to remove Lot 1A, Lot 2A and Tract K of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, and setting forth details in regard thereto. (PEC18-0019) Staff will not be providing a staff memorandum for this item. Staff requests that the Planning and Environmental Commission continue this item to the July 9, 2018 meeting. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: June 25, 2018 ITEM/TOPIC: A request for the review a variance from Section 12-71-1-10, Setbacks, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a rear setback of zero feet (0') where ten feet (10') is required for a new multifamily structure, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0018) Staff will not be providing a staff memorandum for this item. Staff requests that the Planning and Environmental Commission continue this item to the July 9, 2018 meeting. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: June 25, 2018 ITEM/TOPIC: 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 12-813-3, Conditional Uses; Accessory buildings (permanent and temporary), Vail Town Code, to allow for the replacement of the existing golf starter shack with a new starter shack building at the Vail Golf Course, located at 1655 Sunburst Drive, a collection of platted and unplatted parcels (a complete legal description is available at the Community Development Department Office), and setting forth details in regard thereto. (PEC18-0023) ATTACHMENTS: File Name Description Report with Project Description Vicinity Map Site Plan and Elevations.odf Report out with attachments VAIL 't 75 South Frontage Road West Vail, Colorado 81657 va ilgov. com June 7, 2018 Community Development Department 970.479.2138 Dear Planning and Environmental Commission members and adjacent property owners: Re: A report to the Planning and Environmental Commission on the Administrator's approval of an amendment to an existing Conditional Use Permit, pursuant to Section 12-8B-3, Conditional Uses; Accessory buildings (permanent and temporary), Vail Town Code, to allow for the replacement of the existing golf starter shack with a new starter shack building at the Vail Golf Course, located at 1655 Sunburst Drive, a collection of platted and unplatted parcels (a complete legal description is available at the Community Development Department Office), and setting forth details in regard thereto. (PEC18-0023) Applicant: Vail Golf Course, represented by Pierce Architects Planner: Justin Lightfield The purpose of this letter is to inform you that the Town of Vail Community Development Department Administrator has approved an amendment to the Vail Golf Course Conditional Use Permit to allow for construction of a new starter shack building at the Vail Golf Course, located at 1655 Sunburst Drive. The proposed structure will replace the existing starter shack and will function as an accessory structure to the primary use of the golf course. The proposed structure will include restrooms, a light commercial kitchen and food service, golf ball distribution, and storage space. The Administrator's approval includes the following conditions: 1. The applicant shall submit and obtain approval of a complete application for review by the Design Review Board before applying for a building permit. 2. Applicant shall at all times abide by the Conditional Use Permits regulations, Title 12, Chapter 16, of the Vail Town Code. 3. Any conditional use which is discontinued for a period of two (2) years, regardless of any intent to resume operation, shall not be resumed thereafter; any future use of the site or structures thereon shall conform to the provisions of Title 12, Chapter 16, Vail Town Code. The Town of Vail Administrator has determined that this amendment to the approved Vail Golf Course Conditional Use Permit meets the review criteria prescribed by Section 12-16-10, Amendment Procedures, Vail Town Code. This approval of a Conditional Use Permit amendment will be reported to the Town of Vail Planning and Environmental Commission at its Monday. June 25, 2018 public hearing at 1:00 p.m. in the Vail Town Council Chambers, located at 75 South Frontage Road West. The Planning and Environmental Commission reserves the right to "call up" this administrative action for additional review at this hearing. This administrative action may also be appealed by an adjacent property owner, any aggrieved or adversely affected person, or the Vail Town Council as outlined in Section 12-3-3, Appeals, Vail Town Code. Should you have any questions, please feel free to contact me directly at 970-479-2440. Justin Lightfield, Planner Attachments: Project Description, Vicinity Map, Site Plan, and Elevations. Proposal for Conditional Use Permit 1655 Sunburst Drive Vail Golf Course Starter Shack Parcel Number 2101-092-00-006 29 May 2018 Address to : Planning and Environmental Commission Project Narrative: Proposed replacement and enhancement of the existing starter shack on the Vail Golf Course. The proposed structure will serve as a light amenity and services structure including restroom services, a light commercial kitchen and food service, range ball distribution and cleaning, and storage space for nonhazardous gear and materials (baskets, chairs, towels, office supplies etc.) located at the driving range and start of the course. It will be replacing the existing starter shack and act as a satellite location to compliment the main clubhouse. The purpose for the new starter shack is to replace, improve, and increase the services available at the starter shack location and to better meet ADA and town code conditions. The existing structure is not in a hazardous state or condition, but its replacement will be a great improvement in terms of visual appearance and practical use. The style and materials will match the neighboring clubhouse and its use supports the existing golf course and aims to boost the visitors experience and provide maximum utility. There will be no permanent outdoor lighting that would contribute to light pollution and the proposed standard utilities would not affect air quality. With a minimal occupancy load, and parking being provided at the neighboring clubhouse, the proposed facility would not affect traffic, public transportation, or pedestrian access and safety. It would serve to enhance the public service able to be provided on this recreational golf course. There is clear access from sunburst drive for maintenance and safety. The structure is not in a location that would hinder snow storage or removal from the public streets and parking areas. Parking is provided at the neighboring clubhouse where traffic and access is open and free from congestion or delay. The primary objective is to provide better utility and services to the public recreational golf course. The scale of the proposed structure is designed to be a welcoming landmark and beacon for the Vail Golf Course. It will be more prominent than the existing structure while still retaining its secondary status to the parent Clubhouse. With the style and materials matching and complimenting the neighboring Clubhouse, the proposed starter shack will tie together the existing infrastructure and be a visual improvement in terms of form and consistency. Construction is anticipated to begin September 17th and will last up to 10 months. It will overlap the Golf season for 1 month in the fall and 1 month in the spring. The existing square footage is approximately 1,600 SF and the proposed starter shack will have 1,453 SF. 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III III II II III mala II I I II III I I z I II I II II —T City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: June 25, 2018 ITEM/TOPIC: A request for review of a variance from Section 12-21-12, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to allow for more than ten percent (10%) of the total site area to be covered by driveways and surface parking, located at 2841 Basingdale Boulevard/Lot 3, Block 8, Vail Intermountain Development Subdivision, and setting forth details in regard thereto. (PEC18-0020) ATTACHMENTS: File Name Description PEC18-0020 2841 Basinqdale Blvd Variance Staff Memo 062518.pdf Staff Memo Attachment A - Vicinity Map.pdf Attachment B - Project Narrative.pdf Attachment C - Plan Set.pdf Attachment D - Parking and Access Easement Deed.pdf Attachment E - PEC Meeting Minutes from 061118.pdf Attachment A - Vicinity Map Attachment B - Project Narrative Attachment C - Plan Set Attachment D - Easement Deed Attachment E - PEC Meeting Minutes from 06-11-18 TOWN OF Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 25, 2018 SUBJECT: A request for the review of the following two (2) variances: 1.) a variance from Section 12-21-12, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to allow for more than ten percent (10%) of the total site area to be covered by driveways and surface parking; and 2.) a variance from Section 14-3- 1, Minimum Standards, Vail Town Code, to allow for more than one (1) curb cut per unit, located at 2841 Basingdale Boulevard/Lot 3, Block 8, Vail Intermountain Development Subdivision, and setting forth details in regard thereto. (PEC18- 0020) Applicants: Michael & Yoshimi Moore, represented by Visual Impax Planner: Justin Lightfield SUMMARY The applicants, Michael and Yoshimi Moore, represented by Visual Impax, are requesting the review of two (2) variances for the property located at 2841 Basingdale Boulevard / Lot 3, Block 8, Vail Intermountain Development Subdivision: A variance from Section 12-21-12, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to allow for more than ten percent (10%) of the total site area to be covered by driveways and surface parking; and 2. A variance from Section 14-3-1, Minimum Standards, Vail Town Code, to allow for two (2) curb cuts per unit where only one (1) curb cut per unit is allowed. 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 with two conditions, of this application, subject to the findings noticed in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicants, Michael and Yoshimi Moore, represented by Visual Impax, are requesting the review of two (2) variances in order to facilitate a new single-family residence on the subject property. Please note that the requested variance includes two (2) of the three (3) variances requested in a recently reviewed, but withdrawn, application (PEC18-0012), that was presented to the PEC on March 26, 2018. This application was last reviewed by the PEC on June 11, 2018. During the meeting, the PEC members raised concerns over the applicant not clearly defining the four (4) surface parking spaces used by Rush Condos. Due to the steep topography of the site, a portion of the four (4) parking spaces were shown significantly over the hillside and would require cantilevered parking or large retaining walls in order to meet Town of Vail parking design regulations. Since the June 11, 2018 PEC meeting, applicant has revised their plans with the following changes: • The applicant designed the new plans with the garage entrance to the west. • The four (4) parking spaces have shifted farther west, thereby reducing the need for cantilevered parking or large retaining walls. • A boulder and landscaping area are proposed to the east corner of the parking easement to prevent parking in the right of way, and to prevent an expansion of the parking area. • The parking spaces start five feet (5') from the edge of Basingdale Boulevard asphalt with a guard rail at the end of all four (4) parking spaces. • Bollards are proposed to the western side of the four (4) parking spaces to prevent parking within seven feet (7') of the fire hydrant. A vicinity map (Attachment A), project narrative (Attachment B), plan set (Attachment C), an easement deed between the subject property and the property adjacent to the north (Attachment D, discussed in greater detail in Section III below), and PEC meeting minutes dated June 11, 2018 (Attachment E) are attached for review. III. BACKGROUND Based on staff's research, the subject property has been historically vacant. The specific boundaries of the development lot were established with the recording of Vail Intermountain Development Subdivision on September 2, 1971 (Reception No. 117228). On May 30, 1984, the Design Review Board (DRB) approved a duplex on the subject property. However, the duplex was never constructed. The approved duplex had a total of approximately 1,775 square feet of GRFA (code -compliant based on the GRFA calculation methods in place at the time). The primary unit had approximately 1,184 Town of Vail Page 2 square feet of GRFA, and the secondary unit had 591 square feet of GRFA. The proposed duplex was also compliant with the maximum site coverage and minimum landscaping requirements. On May 6, 1993, an easement (Attachment D) was recorded with the Eagle County Clerk and Recorder, which created an easement between the owner of the subject property / grantor (Lot 3, Block 8, Vail Intermountain Development Subdivision) and the adjacent property owner / grantee to the north (Lot 2, Block 8, Vail Intermountain Development Subdivision). The document created, "a perpetual non-exclusive parking and access easement, for joint use of a parking area in existence on the easterly portion of Lot 3." The grantor of the easement reserved, "the sole and exclusive right to designate two parking spaces within the parking area for the exclusive use and control of the owner of Lot 3." Specifically, parking spaces were, "to be located on the westerly portion of the parking and access easement, and shall be of an area sufficient to comply with the Town of Vail parking requirements." Therefore, the applicants are entitled to the two (2) parking spaces identified on Attachment D. Acceptance of the easement by Lot 2 to the north included a condition stating: It is contemplated that in connection with the construction of a residence on Lot 3, the Town of Vail will require the entire parking and access easement to be paved. Grantor, his heirs, successors, and/or assigns shall pay the entire cost of paving the two reserved parking spaces, Grantee, its successors and assigns, shall pay the entire cost of paving the remainder of the parking and access easement. It is important to note that the size of the entire parking and access easement area that would be required to be paved is approximately 872 square feet. This means that the subject property would already exceed the maximum paving requirements of Section 12-21-12-1-E by 106 square feet (10% of 7,662.2 square feet = 766 square feet). In effect, the language of the easement requires the establishment of a nonconforming site. IV. APPLICABLE PLANNING DOCUMENTS Staff finds that the following provisions of the Vail Town Code are relevant to the review of this proposal: Title 12 — Zoning Regulations, Vail Town Code Chapter 6, Article D, Two -Family Primary/Secondary Residential (PS) District (in part) Town of Vail Page 3 12-6D-1: PURPOSE.- The URPOSE: The two-family primary/secondary residential district is intended to provide sites for single-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. 12-68-5: 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-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.- a. eet: 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. Chapter 10, Off Street Parking and Loading (in part) 12-10-10: PARKING AND REQUIREMENTS SCHEDULES.- Town CHEDULES: Town of Vail Page 4 Off street parking requirements shall be determined in accordance with the following schedules: 8. Schedule 8 applies to all properties outside Vail's "commercial core areas" (as defined on the town of Vail core area parking maps 1 and 11, incorporated by reference and available for inspection in the office of the town clerk): Use Parkinq Requirements Single-family and two-family If a dwelling unit's gross residential floor area is dwellings less than 2,000 square feet. 2 spaces If a dwelling unit's gross residential floor area is 2, 000 square feet or more, but less than 4, 000 square feet: 3 spaces 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. C. Use Regulations Not Affected: The power to grant variances does not extend to the use regulations prescribed for each zone district because the flexibility necessary to avoid results inconsistent with the objectives of this title is provided by chapter 16, "Conditional Use Permits", and by section 12-3-7, `Amendment'; of this title. 12-17-6: CRITERIA AND FINDINGS: Town of Vail Page 5 A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance.- 1. ariance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. 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. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance.- 1. ariance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not generally apply to other properties in the same zone district. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. Town of Vail Page 6 Chapter 21, Hazard Regulations (in part) 12-21-12: RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES E. Site coverage as it pertains to this chapter, as permitted by sections 12-6A-9, 12-68-9, 12-6C-9 and 12-6D-9 of this title is amended as follows.- 1. ollows: 1. Not more than ten percent (10%) of the total site area maybe covered by driveways and surface parking. Title 14, Development Standards, Vail Town Code Chapter 2, Definitions (in part) 14-2-1: DEFINITIONS OF WORDS AND TERMS.- Curb ERMS: Curb Cut: The location where a driveway, parking area, or feeder road connects to a public street or feeder road. Chapter 3, Residential and Commercial Access, Driveway & Parking Standards (in part) 14-3-1: MINIMUM STANDARDS.- Table TANDARDS: Table 2 Standard Single -Family, Two -Family Primary/Secondary Curb cuts permitted (number) V. ZONING AND SITE ANALYSIS Address: Legal Description: Existing Zoning: Existing Land Use Designation Mapped Geological Hazards: View Corridor: Town of Vail 1 per street per unit Maximum of 2 curb cuts per lot 2841 Basingdale Boulevard Vail Intermountain Development Subdivision, Block 8, Lot 3 Two -Family Primary/Secondary Residential Low Density Residential Steep Slope > 40% None Page 7 Development Allowed / Existing Proposed Change Standard Required Site Area 15,000 SF of 7,662.2 SF Total No Change Buildable Area 2,314 SF of Buildable Area (GIS Estimate) Front (South - Home): 21'-2" Front — 20' Front (South - Garage): 1'-4" Setbacks Sides — 15' N/A Side (East): 67'-2" N/A Rear — 15' Side (West): 22'-10" Rear (North): 15'-8" Building Height Flat Roof — 30' N/A 30' (Flat Roof) N/A Sloping Roof — 33' Density (DUs) Max. 1 0 1 +1 Density (GRFA) 3,524.6 SF 0 SF 2,689 SF +2,689 SF Site Coverage Max. 20% 0% Max. 20% -20% (1,532 SF) 0 SF (1,532 SF) (+1,532 SF) Landscaping Min. 60% Undeveloped 63% (4,597 SF) (4,864 SF) Parking & 3 parking spaces 2 4 +2 Loading VI. SURROUNDING LAND USES AND ZONING Existing Land Use: Zoning District: North: Med Density Residential Two -Family Primary/Secondary Res. (PS) South: Low Density Residential Two -Family Primary/Secondary Res. (PS) East: Open Space (Ruder Cemetery) Outdoor Recreation (OR) West: Low Density Residential Two -Family Primary/Secondary Res. (PS) VII. REVIEW CRITERIA The review criteria for a variance request are prescribed in Title 12, Chapter 17, Variances, Vail Town Code. Variance 1: Section 12-21-12, Restrictions in Specific Zones on Excessive Slopes Section 12-21-12-E-1, states, "not more than ten percent (10%) of the total site area may be covered by driveways and surface parking." 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The proposed variance to allow for more than ten percent (10%) of the total site area to be covered by driveways and surface parking is the result of multiple factors. Primarily, the small lot size (7,662 square feet, where 15,000 square feet is required) results in the applicants having approximately one-half ('/2) the amount of available paved area in comparison to a lot compliant with the minimum site area regulations. Town of Vail Page 8 Also, the proposed variance to allow for more than ten percent (10%) of the total site area to be covered by driveways and surface parking is a direct result of the relationship of the subject property with the adjacent property to the north. The existing parking and access easement between the two (2) properties requires the entire easement area to be paved if the subject property were to be developed with a single-family residence. Said paving requirement necessitates the variance request as the area to be paved (approximately 872 square feet) exceeds ten percent (10%) of the total site area (approximately 762 square feet). Therefore, approval of the proposed variance allows for the subject property to be developed in a manner consistent with other existing or potential uses and structures in the vicinity. Furthermore, the granting of the proposed variance would bring the non -conforming gravel parking area into compliance with Section 14-5-2-A, Other Requirements, Surfacing, Vail Town Code, which states, "all parking areas shall be an approved paved surface." Staff finds the proposed variance meets this criterion. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Without approval of the proposed variance to allow for more than ten percent (10%) of the total site area to be covered by driveways and parking the subject property is rendered undevelopable. The entirety, and more, of the allowable paved area would be occupied by parking spaces, leaving no opportunity, barring the reconfiguration of the parking and access easement, for an access drive to a new single-family residence. If the applicants were required to re -describe the parking and access easement in order to obtain access to the site, the adjacent property to the north could deny the request and render the site undevelopable. Therefore, the proposed variance is necessary to achieve compatible and uniform treatment between the subject property and other properties in the vicinity. Staff finds the proposed variance meets 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 proposed variance to allow for more than ten percent (10%) of the total site area to be covered by driveways and parking will facilitate access to the property for the future development of a new single-family residence. The proposed variance will not result in a negative impact on light and air; will not alter the distribution of population; will not affect any existing transportation or traffic facilities, public facilities, or utilities; and will not affect public safety in comparison to existing conditions. Town of Vail Page 9 Staff finds the proposed variance meets this criterion. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Variance 2: Section 14-3-1, Minimum Standards, Curb Cuts Section 14 -3 -1 -Table 2, states that only one (1) curb cut per unit is permitted within the Two -Family Primary/Secondary Residential (PS) District. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The requested variance for a second curb cut is due to the fact that the existing curb cut essentially only serves the adjacent property to the north. Unless the applicants were able to design a site plan that transformed the two (2) westernmost parking spaces within the parking and access easement into an access drive to the site while maintaining compliance with all other development standards (including minimum landscaping, minimum parking spaces, etc.), a second curb is necessary to serve a new single-family residence on the subject property. Creating an access drive from the parking and access easement, as described above, may require the alteration of the existing easement, which may not be approved by the adjacent property to the north. Therefore, a second curb cut will allow for the development of the subject property with a new single-family residence, while minimizing the potential negative impact to the parking for the adjacent property to the north. Staff finds the proposed variance meets this criterion. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. The proposed variance for a second curb cut will facilitate access for a new single- family residence on the subject property. Without a second curb cut, the lot could be rendered undevelopable if the adjacent property owner to the north were unwilling to allow for an alteration to the parking and access easement to allow the applicants to create an access drive from the two (2) westernmost parking spaces within the easement area. Staff finds the proposed variance meets this criterion. Town of Vail Page 10 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 applicant has designed the garage and driveway to allow for vehicles to pull forward out of the driveway, onto to Basingdale Boulevard, thus avoiding the need to back up into the right-of-way. This garage entrance and access configuration will enhance public safety over previously reviewed development concepts which required vehicles to back onto Basingdale Boulevard. The proposed variance will not result in a negative impact on light and air; will not alter the distribution of population; and will not affect any existing transportation or traffic facilities, public facilities, or utilities. Staff finds the proposed variance meets this criterion. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. VIII. STAFF RECOMMENDATION Staff has provided individual recommendations for each of the two (2) variance requests. Variance 1: Section 12-21-12, Restrictions in Specific Zones on Excessive Slopes Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission approve, with two conditions, a variance from Section 12-21-12, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to allow for more than ten percent (10%) of the total site area to be covered by driveways and surface parking, located at 2841 Basingdale Boulevard/Lot 3, Block 8, Vail Intermountain Development Subdivision, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve, with two conditions, this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicants' request for a variance from Section 12-21-12, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to allow for more than ten percent (10%) of the total site area to be covered by driveways and surface parking, located at 2841 Basingdale Boulevard/Lot 3, Block 8, Vail Intermountain Development Subdivision, and setting forth details in regard thereto. " Town of Vail Page 11 Should the Planning and Environmental Commission choose to approve, with two conditions, this variance request, the Community Development Department recommends the Commission applies the following conditions: 1. "Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal." 2. "Approval of this variance is contingent upon the applicant obtaining Eagle River Water & Sanitation District approval for this proposal." Should the Planning and Environmental Commission choose to approve, with two conditions, this variance, the Community Development Department recommends the Commission make the following findings: Based upon the review of the criteria outlined in Section Vll of the staff memorandum to the Planning and Environmental Commission dated June 25, 2018, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Two -Family Primary/Secondary Residential (PS) District; 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and 3. This variance is warranted for the following reasons.- a. easons: a. The strict literal interpretation or enforcement of the specified regulation will result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code,- b. ode, b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variances that do not apply generally to other properties in the Two -Family Primary/Secondary Residential (PS) District; and c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicants of privileges enjoyed by the owners of other properties in the Two -Family Primary/Secondary Residential (PS) District." Town of Vail Page 12 Variance 2: Section 14-3-1, Minimum Standards Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission approve, with two conditions, a variance from Section 14-3-1, Minimum Standards, Vail Town Code, to allow for two (2) curb cuts per unit where only one (1) curb cut per unit is allowed, located at 2841 Basingdale Boulevard/Lot 3, Block 8, Vail Intermountain Development Subdivision, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve, with two conditions, this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicants' request for a variance from Section 14-3-1, Minimum Standards, Vail Town Code, to allow for two (2) curb cuts per unit where only one (1) curb cut per unit is allowed, located at 2841 Basingdale Boulevard/Lot 3, Block 8, Vail Intermountain Development Subdivision, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve, with two conditions, this variance request, the Community Development Department recommends the Commission applies the following condition: 1. 'Approval of this variance is contingent upon the applicants obtaining Town of Vail design review approval for this proposal." 2. 'Approval of this variance is contingent upon the applicant obtaining Eagle River Water & Sanitation District approval for this proposal." Should the Planning and Environmental Commission choose to approve, with two conditions, this variance, the Community Development Department recommends the Commission make the following findings: 'Based upon the review of the criteria outlined in Section Vll of the staff memorandum to the Planning and Environmental Commission dated June 25, 2018, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Two -Family Primary/Secondary Residential (PS) District; 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and Town of Vail Page 13 3. This variance is warranted for the following reasons.- a. easons: a. The strict literal interpretation or enforcement of the specified regulation will result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code,- b. ode, b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variances that do not apply generally to other properties in the Two -Family Primary/Secondary Residential (PS) District; and c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicants of privileges enjoyed by the owners of other properties in the Two -Family Primary/Secondary Residential (PS) District." IX. ATTACHMENTS A. Vicinity Map B. Project Narrative, dated June 21, 2018 C. Plan Set, dated June 21, 2018 D. Easement Deed, recorded May 6, 1993, with the Reception No. 504312 E. PEC Meeting Minutes, dated June 11, 2018 Town of Vail Page 14 2841 Basingdale Boulevard Vail Intermountain Development Subdivision, Block 8, Lot 3 Su bject Property ------- Feet 1.22,�%' M'Z 0 25 50 100 Last Modified <1/18/18> TOWN OF MAIL' VISUA41, M PAX DESIGN BUILD 303 South Broadway Suite 200-509 Denver, Colorado 80209 Mobile: (303) 418-1852 Office: (303) 893-0086 June 21, 2018 Justin Lightfield Town Planner, Town of Vail 75 South Frontage Road Vail, Colorado 81657 Re: PEC 18-0020 Review of 2841 Basingdale Boulevard Vail Colorado Justin, We have revised the drawings, per the latest PEC committee meeting and uploaded to DocX today. In summary: • A variance from Section 12-21-12, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to allow for more than ten percent (10%) of the total site area to be covered by driveways and surface parking • A variance from Section 14-3-1, Minimum Standards, Vail Town Code, to allow for more than one (1) curb cut per unit • 4 parking spaces are dedicated for Rush Condominiums on the east of the garage, and the driveway dedicated to 2841 Basingdale to the west of the garage. A boulder and landscaping are placed to the very east corner of the parking easement to prevent illegal parking for Rush condos. 4 Parking spaces for Rush Condominiums are shown. They start 5'-0" from edge of asphalt for a recommended parking space size of 9'-0" x 19'-0" long, with a guard rail at the end of all 4 parking spots. Onsite verification of the spots was complete by a licensed surveyor and marked in the field to provide visual verification. Eagle River Water required bollards to prevent parking within 7'-0" of the fire hydrant, also shown on the drawings. A boulder and landscaping were placed on the eastern most side of the parking area to prevent any parking in the right of way, as requested by the PEC commission. Page 1 of 2 We spent much time and effort to reduce the size of the drive pavement, per Commissioner Perez's request, but after speaking with the Vail Public Works engineer, this did not allow for safe entering, exiting and maneuvering from the street. We are confident that these revised drawings address all of the items discussed throughout the PEC Commission review meetings and are looking forward to complete our DRB, and ultimately receive our construction permit. Please feel free to contact me with any questions. Regards, Scott Handler Visual Impax scottH@visualimpax.com Page 2 of 2 FLOOR AREA ANALY515 IT ,A.IE AEA III GY IT LEGAL DESCR PT ON LOT 3 EL OUNTAN STEDIVI5 COUNTY of ,AGE, STAT, of COLORAro CODE USED: 2015 INTERNATIONAL RESIDENTIAL CODE SETBACKS FRONT ARE ET (MIN) 10'-D" 51V (MIN): 15S( " R A (MIN)= �_D" LOT COVERAGE CALCULATIONS ZONE Loi AREA. 1,63z S.F. PRIMARY STRUCTURE FRA(PRINT = I, 111 5F. ATT MEN GARAGE NATPRINT - 420 5 F. MAY. 51TE COFFELEGGE - 10% AL:1 LDIN6 FmiPWN1 .1,532 11 TOTPL BUILDING COVtT'P5, _ ]C% 1, ],601 0111(1940 1AY 48055 RF51DFN71AI FIVER AREA AR(AREA) = 45% 661+463514 36145E TOTAL AREA 1,112 . 1,112 , POP 2 NFA 5E. MAY PARK INDIEFRIVEIATY AREA; 0% (1661 1 10 = 766 5 F $ARACGE AND PRIMARY RESIDENCE DRNEAAY� 516 11 PA"PC .MMMNT AREAOF TOTAI KINGIDRIVEWAY AREA LAI IF INII STOR G, Sox DAV EGA, 5 F, (1715'11) SNOW STORAGE 30% PPRKINOPMEJTMMIN : 212 - 60Y F. (e]2 + 30) LPNDSCPPING P SITE DEVE - "A1 + 60 = 4,600 S.F. 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(herfa ttw in the - rM3?skTw4 ka. at Ar-ralitee"), the fo -1exinq real property aitwata CtMM-_y of teole..';3t%t* of -Colorado, tin -wit. >1 peurptta�al nate-ayrrlt;siwe Palrkisw, and 30ce$r- *Assrs�nt, for Ioice- uat of a p4L+CYr4 4k]C' o In txistO :ce On the sastrsrly pa 43.= Gf • X&t; �� 3, Rjoc: rt, Vasl i;ttsrtsount&tn_ t} vel.opmant Stbd;xisicM . STA ., a*taztapsitt to tat 9, Hack .ail Trters=ntaYLn Su fviaiatt, arui as mare *ally c3ssrscM;4 swt_ tore_ �M_ • thr .�- -. - -got *A;X L� `:" i'bua irsasttor specifically rametvir:g the role a.A exclusive right iessatytaat• tw' parking rtpA;�:*g ssrlthin the patrk" area rOV tom ;. = rsuixcafvs vee And contrtrZ Qf tha zKaner At► 3,3 solo B,i3 - : ICz&��sfslrt 11-ty lop"nt ailAls kion. Su#t Parking spscas to xacwxsd. an thA wastarly =rLlan of the parking e00d rt+d shsli ba ax-1,an teras Sutf i dent to r"rrwly srit?s Vigi1 psr" r*W 4 rmonts. z.'q •1. z` %Np"w-r &U "Id aia_u;ax i:er_"itamentf and appatrtenkoe" thor*W jW,. 6C Ln atyatiw tn)-*t`tk1ni.rjq., and the rwarsxon and rwmrsi i *40*,taijer a d re minders, von". issues a" Protist t hOrOOf, Arai 411 t'�* - lts, Yiee� : title; i.ntQrasrt, chits 6P4 "a:t[t.-i trhstSO6V&r1 of the arqoweL, •ifter In late rr i . iw.; i ty of, in and ice the above-i,omislid-- rema ftp Sntarant, with On .-ertlii tasranta mrd xppurtmmarrmn, XXvX jum-Tea wLv ttx- s�+ec, togatchs r win all 74171 singuUT thea *OWUWgs &Ad prlvkladsasr x.!Wirounto belonging or iiz anytrist! thertata jppertainjW. aro all the estate, right, title, lrret:est and cssti>ts . �a3c, of tb* Cxantor, eithvr In law or *ty4ity to the only proper us&, b 0fi:. arA L-azoor of the c-r3titee, lts :.ucceosaes Arrd assigns sZ1C4 iter•, his heirs, successurs, andfor assigns, xhal.l not aract Year .._��r.: �.ra a ,�s!•..fin "d rr[ a!'msntat-e- 7i]NtSYtYkT4W7L T .T Ri}�A IkC '.XttFi t� _ th• abols-ts+sri taei iaszestssst. and Cr�sri�a :shdt1 z. bo I3 al�ls I c>i: "air '46�.� c f th—pt xyeL wee Ac-2sspti?mC* of this raa.zes'rnt by arenter- Shall cnassfit-ure their I- ht sLtch time and in tltr event ilea.; the easesent desar.inad h*roirt shbil be abanloRed, Gzantea's real praparty interest in the f+t"ment shall i djatnly revert Va and be tIaZtpr nerged with the *arvlent estate. 2. The parkirij arras. coratructed an the move-deaaribed eae—ni ent xhal.l bs aai,ntained, aro[ repaired Sr. a fir�stalaas vann.r, condi iOn as:0- aappenrancw� 3t #s cant.smpj. .ted that In oannectitnr; with the cGnstruction 4 LtuC!TiI lt��i�li`s�i$i'i!, :1�3 parki.rg arm aceesye rrmsemrnf to be pavAd. Grantor, his heirs, stu stustozs, and/or assigns 0 -hall pay the vnklxe r-Ost: of rravinq the twO .xessersred paxkinq aoajrest, +srantae, its Oucr,0;35 'rs and a.Ralarns, small pay the e;itixa cyst; al paving th% ramaindsr of tie parking and access ' a�asrrsaszr4t. 3. The Granter_ agrees to fully i$jde=ify, sage and keep t%e Grantor harnless from any and all Clair -S tar damage to real and lxer-junai praperty and injuries or d2atJw suffered by persons On said prOPV—I-ty during the term of this earem-ent, and in,iuding hilt not limited to tike responsibility for enforcement and control of access ri►ghrs- SZC-Mrj VM DELIv, Er) this 1""'* day of _� - _ ._ y -► � 4�J3 . iso. - COUNTIr or ] AMA 3 The rarogoing rlaspemert Dced ;ras sutscrib-ai ad zvorn to t*for* na _ this ..eh dhy of qac , 1993 by Ross D4ViO; 41r, i--itnw4a vy hated and officia3. seal. --�� ldetiary 2 0 PLANNING AND ENVIRONMENTAL COMMISSION TOWN OF VAIO June 11, 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, Rollie Kjesbo, John - Ryan Lockman, Karen Perez, Brian Stockmar Absent: None Chair Stockmar asked that the staff and PEC focus more on environmental issues as part of the reviews. This is part of our mission. The Commission departed for the site visits. 2. Site Visits 2.1. 500 & 534 East Lionshead Circle - Battle Mountain/Lazier Lionshead/Launch Development 2.2. 2841 Basingdale Boulevard - Moore Residence 3. Main Agenda 3.1. A request for review of a final plat, pursuant to Title 13 Chapter 4, Minor 15 min. Subdivisions, Vail Town Code, to allow for a subdivision to reconfigure the property lines between two (2) development lots located at 500 & 534 East Lionshead Circle/Lots 1,2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0017) Applicantiazier Lionshead LLC & Battle Moutnain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence Please see comments in Item 3.2 below. Discussion on I tem 3.1 has been included in the comments below. Ludwig Kurz moved to table to June 25, 2018. Rollie Kjesbo seconded the motion and it passed (7-0). 3.2. A request for a recommendation to the Vail Town Council for a prescribed 15 min. regulations amendment to Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, pursuant to Section 12-3-7 Amendment, Vail Town Code, to remove Lot 1A, Lot 2A and Tract K of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, and setting forth details in regard thereto. (PEC18- 0019) Applicantiazier Lionshead LLC & Battle Moutnain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence Planner Spence introduce the project. Four different applications will be presented and discussed together, including PEC18-0016, PEC18-0017, PEC18-0018, and PEC18-0019. There are 3 main questions to be addressed. Staff does not have any comments at this time on the subdivision plat and the changes to the Pay in Lieu Parking zones. Tom Braun, Braun Associates — Representative of Lazier Lionshead LLC & Battle Mountain LLC, presented an overview of the project. He asked that at the end of the presentation, the PEC identify any questions or additional information that the applicant needs to provide for the next hearing. Braun introduced the applicants, Bob and Diane Lazier. He described the existing conditions of the site, and the ownership and existing parcels. Stockmar —Asked if the steps are in a permanent easement? Braun and Spence indicated Yes. Braun described how the two applicants have been in collaboration up to date, and he introduced the architects from Pierce Architects. First phase of the project is to demolish the top parking deck of the parking structure. Sidewalk along Lionshead Circle will be heated, new driveway in easement will be installed. Only one setback variance is proposed, and the meat of the application is the Exterior Alteration for the new building. Braun indicated that portions of Lionshead are in a no parking, pay in lieu zone. These lots include properties that do not have access to a road, and areas where the Town does not want cars, on pedestrian areas. This lot does have legal access to a road. Gillette — Lift House, Vail 21 and Lionshead Arcade... when does the parking fee need to be paid? Did they pay it when they were built? Braun — No, they did not pay the fee. They were existing before this regulation was in place. Stockmar- Asked how the existing parking on the lower level of the structure will be treated. Gillette — What is happening with the existing parking? Spence — The parking will be replaced in the proposed building. Gillette — How does this address the issues that neighbors have raised in the letters? Spence — These are private agreements. Town will not intercede into these private agreements, or on who can use the parking that is constructed. Replacing parking that exists today, plus the new parking demands created by this development, plus a few more Gillette - Are they replacing existing parking, and what's required? Spence — Yes. Kjesbo — They are going to meet the code. Gillette —Are we providing a timeframe for when these spaces will be replaced? Spence — No, that is not addressed in the code. Gillette- How many parking spaces will be required to be provided by Battle Mountain? Spence — They are building enough parking to address the existing parking on the Battle Mountain site. Braun — Described the lot lines and old land subdivisions. He described the minor subdivision, including past subdivisions that were recorded by metes and bounds descriptions, but which did not go through a Town of Vail subdivision process. This application will formalize existing subdivisions. Stockmar — Do these new subdivisions comply? Braun — Yes, they meet the Town code. He described the footprint of the building and the setbacks along the west side of the proposed building. This design will result in a better relationship to the adjacent property when the property to the west (Lazier) is developed. The building setback is at 10 feet, but the structure below the deck is at the property line. There is an easement allowing pedestrian access to Vantage Point to the north. The zero setback is only on the plaza level. Above grade setback is at 10 feet. Braun continued to discuss zoning issues. He explained the proposed mechanical, automated parking structure system. 54 spaces on the site now, and new demands will be 17 spaces. We will always have 71 spaces on site, but will likely have as many as 90 spaces. He discussed the Lionshead Redevelopment Master Plan. Plan discusses urban renewal and redevelopment, which we are doing. At a high level, we are doing what the master plan recommends. He discussed "live beds" which are encouraged by the Town code. There will be live beds in this development; but people will not be required to use the on site management. Amenities will encourage short term rentals through the design of the building. He described the arrival experience and the easement along the south side of the site, to provide access to this project, Lazier property, and Liftside property. Braun showed image of the existing site, and the proposed new building, which will help balance pedestrians and vehicle access. He discussed the architectural guidelines in the Lionshead Redevelopment Master Plan. The master plan gets fairly specific at times. The goal is to create an identity for Lionshead. He provided some examples of other redevelopments within the master plan area, including Antlers, Arrabelle, Ritz Carlton, Lionshead Visitors Center, First Chair, and The Lion. There is no strict single theme in the architecture. He highlighted some of the main elements of design, including building form and massing, windows, wall materials, etc. Braun discussed the idea of a base, middle and top. Lionshead Visitors Center does not have much of a "middle", and Arrabelle middle is busy. He described how The Ritz- Carlton and The Lion met this design requirement. Braun described how the proposed building meets the requirements for a base, middle and top, with a strong stone base. We are not on the primary pedestrian mall, so rules here are a little bit different. Wall step backs are required, but at a different height. He described the articulation of the building. Stockmar —Asked to confirm that the alley where the PEC was walking on the site visit today is not considered a mall. Spence — That is correct. Braun continued to describe wall setbacks and changes in materials. He discussed how balconies are used in Lionshead, and how they are used on the proposed building. He discussed windows and doors. Doors should be heavy, and windows recessed in stone walls. He discussed the guidelines on architectural details. Gillette — Is this only a three inch veneer stone? Bill Pierce — Will be more like an 8 inch stone Braun — Decorative lighting proposed at the base of the building. Decorative headers are also proposed. We anticipate additional collaboration with staff, including a few civil plan issues. Kjesbo — On the zero setback, is that just the parking garage? The building is setback 10 feet? Braun — Yes, when the project is done, it will not be perceived as zero setback. Spence — Staff would like feedback on three specific issues today. These include: Variance, hot beds and intersection of wall plane and roof. He described some staff concerns on the intersection of the wall and roof. He showed photos of other buildings in Lionshead and how they met this criteria. Gillette — Recessed dormers on top of the roof, they seem to meet this requirement. Stockmar — Would like to see revisions in this area. Spence — Showed areas of the master plan in the staff memo, and what is required. Bill Pierce, Architect — Described the goals of this language in the master plan, and his role in helping draft this master plan. We are trying to minimize the impacts to the adjacent property owners. We cut the roof out, rather than adding dormers. Gillette — In my opinion, you are meeting the code. Spence — Concern is how this will appear from pedestrian level. Gillete — If you see the building from the Ice Rink, then you have tied the roof into the wall face well. If you are on the Landmark property, you can't see the roof. I think you are fine with the recessed decks. Pierce — Building was designed to look like a mountain. Dormers will add more mass and height. He read code sections relating to roofs. We are trying not to add more mass than we need. We are trying to make the building look lower. Hopkins — Look at the right deck, take that roof off; something else to animate the building. Stockmar — Would like to see more to)dure, and more sense of variation. Perez — Design is based on the text amendment, and the property being removed from the parking fee in lieu area. The te)d amendment was implemented in 2001. There is a need to decrease parking. Goal is to reduce parking on East Lionshead Circle. We need to discuss whether or not we will remove this property from the fee in lieu zone. Spence — Text amendment will not go into effect until the plat is recorded. That will happen regardless of if this site is redeveloped. Master Plan says that parking should be replaced on site upon redevelopment. Properties without access to a right-of-way should not have parking, but this property has direct access. Lockman — If there was a little more articulation on the edge, that would be better. Kurz — The roof as it looks on this image is stark to me. Very few people will see this perspective. As Bill looks closer at the design of the building, he will come up with a design that we will all support Kjesbo — The fascia line is at the same elevation on all four sides. You don't see that in other buildings. Happy with how this design has started, but it does have a linear look around the building. Spence — The rest of the building has many elements that take away from the linear aspect , contrary to other parts of the building design. Braun — We want to get the basic form set, but details on windows and trim will be addressed by the DRB. Looks like we are close. Stockmar — Does look like the building terminates with the cap, but looks unfinished above the eave. Pierce — Intention is to be the opposite of The Lion, where dormers and roofs are on the outside edge. Idea is to minimize apparent height and volume. Stockmar — Concern is the from the ground looking up, you see an eve that smacks you in the face.. Pierce — I will look at it. We plan to interface the roof and wall in a similar way as the Lionshead Parking Structure. Stockmar — Lionshead Parking structure makes a to)dure break. Gillette — I think you are on the right track. Its making an eclectic neighborhood. Kjesbo —Asked to see where the mechanical equipment will be on the building. Spence — Discussed the requested variance, which is a bit different from other setbacks. This is a fully formed floor with a deck above it. Its interim, but we do not know how long the interim will last. Staff is looking for preliminary feedback on this variance request. Stockmar — The transition will be important both before and after construction. It should be attractive before the second development on the adjacent building. Kjesbo — You should plan for the other side of the building to be developed. Sounds like the adjacent owner is on board with this design. Braun — The proposed wall is better that the existing condition that exists today. Kurz — If Lazier decides not to build, we need to be able to deal with what is there. What prevents Lazier from also building up to the property line? Braun — Lazier is currently planning a building up to the property line. Spence asked if a Memorandum of Understanding from the two property owners would be helpful. Bob Lazier, Lazier Development — We intend to build our new development at the same time. Originally we planned an underground parking structure. We are also looking at how this will impact Vantage Point. There will be a nice plaza on the upper level. We are trying to create a smooth transition. Stockmar — Would like to see a Memorandum of Understanding. Kurz —Asked about the mechanical parking system, are any of those built in snow country? Would like a presentation on this type of system. Lockman — Loading and delivery is an issue right now. If you transition to pavers and a residential mall feeling, that might get lost. Spence — Properties without significant loading and delivery will rely on the delivery bunker under Arrabelle. With this development, the deliveries will need to shift. Stockmar — Does that take a lot of trundling? Spence — Perhaps, but significantly less than commercial buildings with lots of deliveries. Gillette — Was the idea to discuss the change to the fee in lieu zones as part of this meeting? There needs to be a D IA with an understanding on how the parking will be replaced. Braun — Your question is about when the top deck of the parking structure is replaced. Perez's concern is about the change to the fee in lieu zone. Spence — Staff believes that this fee in lieu could have been discussed years ago, as the existing parking structure is located in an area where parking is not currently allowed. Perez — We are talking about the fee in lieu zones in the context of a specific development. Can you come back to us with some history on this fee in lieu and how it relates to the master plan? Spence — We are also looking at the purpose of the fee in lieu zone. He showed maps of the original and proposed fee in lieu maps. Gillette — Why are adjacent properties not also included in this fee in lieu map change? Spence — We do not want those properties to be redeveloped with on-site parking, therefore the fee in lieu is appropriate. Braun — Today, we cannot redevelop with replacement of on-site parking, based on current regulations. Perez — I'm concerned that this fee in lieu map change is a special privilege for the applicant. Lockman — Lionshead Redevelopment Master Plan has specific language on parking, and what is the timeline for replacing parking. Gillette — DIA should have been in place before demolishing the parking structure. It should be tied to something. Kjesbo — We can't add conditions of approval on two different owners. Stockmar — We are not taking away public parking. It's an issue of reaching agreements between the parties affected. Gillette — There are supposed to be 183 parking spaces. Those spaces need to be maintained; before you demo the building, there should have been a DIA in place. Braun There are 135 spaces today, and a letter from the past indicating 169 spaces. The current application includes a minimum of 171 spaces, and possibly up to the low 190s. Gillette — I would like to see how parking is replaced, and when. Braun — We are not sure how you would force an owner to build something. Gillette — It can be controlled with a DIA. Kjesbo — You need to address the fee in lieu zone so that you can replace the parking. That is logical to me. It's not a special privilege to me. We will get 160 — 180 spaces that the Town does not have to pay for. Lazier — In the interim, while the top deck is removed, Arcade will have 14 spaces. And 32 spaces will be provided for Lift House. We had excess spaces, and they were rented to commercial tenants. Lift House will not be affected. We will have 88 spaces, plus what we need for our new development. Public Comment Stewart McNabb —Attorney of the Lift House. We are not asking the Town to adjudicate the number of parking spaces and private agreements. We are trying to maintain the status quo. But with parking spaces removed, we are asking for a condition of approval that parking spaces removed be replaced, to stay in conformance with the zoning regulations. Dale Bugby, Manager for Lift House Condominium Association. We are not expecting you to solve our parking situation. It was 69 spaces, not 32 as stated by Bob Lazier. There are 45 condos. We had 69 spots in 1972. That land has a parking requirement that has not gone away. The C.O. for the building stated that parking needed to be provided on this site. Now Lazier wants to reduce from 69 parking spaces to 32 spaces. Town should not have issued a permit to demolish the parking structure without the parking addressed . There are also parking requirements for the commercial tenants like Bart and Yeti's and Montauk. Lift House has no way to replace parking. Pay in lieu probably makes sense for those three buildings, but the obligation is still there to provide parking. Lazier — We fully intend to replace what has been on site for 45 years and any new parking requirements. Stockmar — Would like to see this in writing to protect you and clearly delineate new parking. Public Comment Closed Gillette — If you take the number of spaces required in 1972, subtract the number provided. Lockman — I nitial design looks like it was thought out. Happy with what the applicants have presented to far. Hopkins — We did not discuss the north elevation, and closeness to Vantage Point. Would like to know more about snow shedding on the south balconies, and more detail on the mechanical parking. Perez — Nothing to add. Kurz — The success of this application will depend on resolving parking issues, physically and legally. It is incumbent on the applicant to get us as much information as possible on these issues. This area needs help, and the redevelopment will be a great enhancement to Lionshead and the inventory of good properties. If we can get the parking issues out of the way, I will be happy to move this forward. Gillette — Would like to address the parking, and request Town Attorney to attend next meetings. Stockmar — Would like to address these few issues. Also, would like to see sun shade studies, and a Memorandum of Understanding on the parking related issues. Braun — Unsure if we will have a MOU by next meeting, but we can have some letters about our intent. We will have more information on the automated parking, setbacks, wall/roof interface, north side building and snow shedding. Ludwig Kurz moved to table to June 25, 2018. Rollie Kjesbo seconded the motion and it passed (7-0). 3.3. A request for review of Major Exterior Alteration, pursuant to Section 12-713- 45 min. 7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0016) Applicant$attle Mountain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence See please comments in Item 3.2 above. Discussion on Item 3.3 has been included in the comments above. Ludwig Kurz moved to table to June 25, 2018. Rollie Kjesbo seconded the motion and it passed (7-0). 3.4. A request for the review a variance from Section 12-7H-10, Setbacks, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a rear setback of zero feet (0') where ten feet (10') is required for a new multifamily structure, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0018) Applicant$attle Mountain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence See please comments in Item 3.2 above. Discussion on Item 3.4 has been included in the comments above. Ludwig Kurz moved to table to June 25, 2018. Rollie Kjesbo seconded the motion and it passed (7-0). 3.5. A request for review of a variance from Section 12-21-12, Restrictions in 45 min. Specific Zones on Excessive Slopes, Vail Town Code, to allow for more than ten percent (10%) of the total site area to be covered by driveways and surface parking, located at 2841 Basingdale Boulevard/Lot 3, Block 8, Vail Intermountain Development Subdivision, and setting forth details in regard thereto. (PEC18-0020) ApplicantUichael & Yoshimi Moore, represented by Visual I mpax Planner: Justin Lightfield presented by Jonathan Spence 1. `Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. " Spence introduced the project. This is the third meeting on this application. At the site visit today, the PEC was able to see the parking easement marked in the field, and the challenges of the site. Scott Handler, Visual I mpax, Applicant —At the last hearing, the PEC had some suggestions and requests. The adjacent property owners are here today. As you saw at the site visit, the location of the easement leaves no space for another curb cut. The access to the site is very difficult. The subdivision of the property created these hardships, and was not created by the applicant. We are asking to use only 557 square feet of paving. We looked at redesigning the access to reduce the amount of paving and curb cuts. We had a surveyor mark the lot and the parking easement, and the parking spots. Handler - We feel that access to the west side of the site works much better. It would give all the parking on the east side of the garage to the condos, and all of our parking on the west. He also described how 4 parking spaces could fit if access was taken from the east, but the parking is very tight. We have approval to move the fire hydrant, if necessary. He showed diagrams of various parking scenarios. Access from the west would not require backing out into the public road, and would not require moving the fire hydrant, plus additional parking for the condominium. Access from east results in 291 square feet less parking, and only one curb cut. He showed renderings of the developed site. Spence — Town Engineer, Tom Kassmel, is in attendance to answer questions. Kassmel — Our goal is to make roadway as safe as possible, and to reduce curb cuts and backing out of driveways. Option for taking access from the east is what we have today. On the west, there could be a benefit of having vehicles heading out (not backing out). One concern is showing more turning movements, and what is designed may not be sufficient. Second concern is with the distance to existing curb cuts, and the potential for curb cuts to be combined , thus creating head in parking. If we can keep linear footage the same, and ensure heading out onto the road, that would be best. Kjesbo — Parking should be on their own property, but what we saw today results in only one parking spot meeting town regulations. As shown, its in the right of way. Gillette — Drawing indicates that improvements are to be completed by Rush Condos. Michael Moore — We understand that each owner will need to pay their proportionate share of the cost of paving. Gillette — You will need major retaining (walls) to building the parking as shown on this drawing. If this is the proposal, you will need to provide a design of this parking area. Kjesbo — Based on your survey, much of the parking will be down the hillside, or off into space. Handler — Maybe for the last two parking spots. Moore — Two options in front of the board, including two variances. We have developed an Option 2. One of the variances is on the amount of paving, which can be in various forms. Without the variance the site can't be built. Option 1 does require a second variance, for a second curb cut. There is a single curb cut now. If you grant a second variance, it results in one curb cut per property. In this case it may be appropriate to have a second curb cut, to have a dedicated entrance to the new development, and to move parking spaces so they are on private property. Without a variance on the east, the site can't be developed. Kjesbo — Gave a history of this site, and how the easement was added to the site, then the lot was resold. Four parking spots need to come into compliance with Town regulations. Only way to do that is to build retaining walls. Gillette — You need to show 4 defined parking spots, either by cantilevering or adding retaining walls, or shifting the garage location. Spence — This can be done with a Condition of Approval. Handler — If we receive the second curb cut, it will be much easier to provide the parking for Rush condos. Hopkins — Don't believe that there will be enough space for the needed turning radius with the curb cut on the east. Handler — The first design is safer for everybody. Lockman —Additional curb cut is an additional variance, but its safer. I'm inclined to go back to the first design access from the west. Hopkins — Don't think access from east works. Like to see more landscaping in the front, between the street and hammerhead. Handler — Showed where additional landscaping can be placed on site. Perez — It's not the purview of the Commission to create 4 parking spaces for the adjacent property. In the easement, you are reserving 2 parking spaces for yourself. That leads to more pavement. A solution needs to be presented that reduces paving. Please give us more clarity on what you are requesting. Moore — With the western curb cut design, the 2 reserved spaces are being abandoned. On the eastern access design, those spaces are used by Rush Condos. Public Comment — Bill Wolford, Rush Condos — The past is a bit haunting to this site. When Mr. Moore bought the property two years ago, I consulted an attorney. The easement was created in 1993. Logically, each condo should have at least 1 parking space. Buyers of the condo purchase in good faith that there will be at least 1 parking space. The western entrance design makes sense. Its illegal parking that we have now. To move everything to the west makes sense and is a practical solution. Very concerned with safety, due to speeding on the road. Western entrance will be safer for the applicant, but there will be no change to Rush Condos, which will continue to back out. Public Comment Closed Gillette- I can get on board with either the west or east access. Let's decide that first. Kjesbo — We need to go on the east side, and make sure they have 4 legal spots for the Rush Condos. Town Engineer recommends no second curb cut. That will minimize the variance. Yes, you will still have backing out onto the road. Gillette —Agree with Kjesbo. An advantage of access from the east is having more landscaping. This allows garage to move west, allowing more parking in front of garage. Kurz —Agree with Kjesbo's perception. I like the west entrance to the garage better. The easement requires providing parking to the adjacent property, but not increasing the amount of paving. Its hard to say we need to grant the parking to Rush, when they created the parking. Hopkins- Like the west entrance better, the east does not work. There are lots of parking hardships in this town. Lockman — There is some unique history to this site. We should support finding safer solutions. I think the western access works. Moore — Every jurisdiction has its own requirements. You should look at whether the headship is avoidable or created by the applicant. There is almost nothing on the record on the curb cut existing with no home there. There is a hardship here, and the hardship was not created by myself and my wife. Perez — Survey was from 2014. Do you have a more recent survey? Moore - We have a boundary survey. We will have a new survey for the DRB. We have not done any changes or improvement to the property since we owned it. Stockmar — My comments follow those of Kjesbo. You bought into a difficult solution. The eastern access will be one curb cut, and lots of pavement. The western entry, if landscaped well, will allow you to pull out forward into the street. Lean toward original proposal, access from the west. It's not our job or authority to propose the solution. Inclination is to have less parking backing out. I will give credit to a second curb cut if we can cut down to four parking spaces for Rush Condos. Moore — The access from the west will allow us to move the parking to the west, and reduce the need for cantilevered parking or large retaining walls, which will reduce the environmental impacts, too. Kassmel — Described how safety can be improved by limiting Rush Condos parking to only 4 parking spaces, and ensuring that access from the west includes turning movements that allow all cars to pull out forward from the new curb cut. Kjesbo — You should be able to define parking so that it is only four parking spaces. We need to do something to define these four spots. Is the Town installing curb and gutter in this location? Kassmel — No current plans for curb and gutter by the town. Moore — Described issues with the changes to the fire hydrant. Spence — Summarized the additional information requested by the PEC to ensure that the correct information is provided. Gillette —Asked how much space must be provided on the applicant's property, and how can the Town ensure that additional parking spaces are not created in the future. Kassmel — Described how large parking is required to be 9'x19' on property, plus 5 feet to the road. He described how berms can be used to prevent additional parking. Brian Gillette moved to table to June 25, 2018. Ludwig Kurz seconded the motion and it passed (7-0). 3.6. 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) including changing the floor plan with the same unit count (65 units), changes to gross residential floor area (GRFA), changes to the parking count and layout, increasing building height, and architectural changes, located at 501 N. Frontage Road West / Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard thereto. (PEC18-0021) 20 min. Applicant Sonnenalp Properties, represented by GPSL Architects Planner: Chris Neubecker 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 Eag(e 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. However, if the applicant obtains only one building permit for both the demolition of the existing Solar Vail building and for construction of the new development (as opposed to separate demolition permit and building permit), then the timing for exchange of the eleven (11) existing deed restrictions on the property may be delayed until issuance of a Certificate of Occupancy for the new Solar Vail building. Neubecker walked the Commission through the proposed changes to the development plan since the previous approval was granted. These changes include unit mix, GRFA, site coverage, parking number and location, building height, office space, roof plan and development to the rear (north) of the structure. Perez -Same number of units but a reduction in beds. What is the change in bed count? Neubecker -Perhaps a question best for Henry Pratt. Stockmar-Location of mechanicals? Neubecker spoke to the formal development plan and parking management. Henry Pratt, Architect - Spoke to the increase in construction costs and steps made to reduce costs. Discussed the tandem parking proposal and its reduction in drive aisle, allowance for mechanicals and tenant storage. The changes to the parking numbers as a result of the loss of office use. Spoke to the parking management plan and bed count. Stockmar-Has the applicant looked at lease agreements that will restrict autos? Pratt - Preference will be given to potential tenants with no cars. Hopkins -Isn't the summer the parking issue at the structure (overnight)? Lockman -Asked about mechanicals Neubecker-Spoke to the change in bed/bedroom counts. Lockman -Recognized the challenges with cost and the necessary changes. Hopkins agrees with Lockman Perez -Agrees. Supports the reduction in office space. Kurz- Agrees. Feels that the tandem parking is an internal issue. Feels the changes have made for a better project. Kjesbo-Ok with it Stockmar- Supports changes and eliminating 3 bedrooms. Spoke to unit mix Perez -Have you discussed the changes with the neighbors? Pratt - No. Changes not substantive. Ludwig Kurz moved to approve with conditions. Rollie Kjesbo seconded the motion and it passed (6-1). Ayes: (6) Hopkins, Kjesbo, Kurz, Lockman, Perez, Stockmar Nays: (1) Gillette 3.7. A request for review of variances from Section 12-15-2, GRFA Requirements 5 min. by Zone District, Section 12-15-3 Definition, Calculation and Exclusions, Section 12-18-4 Uses, and Section 12-18-5, Density Control, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for Gross Residential Floor Area (GRFA) in excess of the amount permitted by lot area and zone district and to allow an access opening to a crawl space of greater than 12 square feet, located at 2014 West Gore Creek Drive Unit 5/Lot 41-43 (Hamlet Townhouses), Vail Village West Filing 2, and setting forth details in regard thereto. (PEC18-0009) 5 min. The Applicant has withdrawn this application. Applicant flolly Proctor and John Hutto, represented by Martin Manley Architects Planner: Chris Neubecker 4. Approval of Minutes 4.1. May 29, 2018 PEC Results 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 City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: PEC Results June 11, 2018 ATTACHMENTS: File Name Description Pec results 061118.pdf PEC Results June 11, 2018 0 PLANNING AND ENVIRONMENTAL COMMISSION TOWN OF VAIO June 11, 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, Rollie Kjesbo, John - Ryan Lockman, Karen Perez, Brian Stockmar Absent: None Chair Stockmar asked that the staff and PEC focus more on environmental issues as part of the reviews. This is part of our mission. The Commission departed for the site visits. 2. Site Visits 2.1. 500 & 534 East Lionshead Circle - Battle Mountain/Lazier Lionshead/Launch Development 2.2. 2841 Basingdale Boulevard - Moore Residence 3. Main Agenda 3.1. A request for review of a final plat, pursuant to Title 13 Chapter 4, Minor 15 min. Subdivisions, Vail Town Code, to allow for a subdivision to reconfigure the property lines between two (2) development lots located at 500 & 534 East Lionshead Circle/Lots 1,2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0017) Applicantiazier Lionshead LLC & Battle Moutnain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence Please see comments in Item 3.2 below. Discussion on I tem 3.1 has been included in the comments below. Ludwig Kurz moved to table to June 25, 2018. Rollie Kjesbo seconded the motion and it passed (7-0). 3.2. A request for a recommendation to the Vail Town Council for a prescribed 15 min. regulations amendment to Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, pursuant to Section 12-3-7 Amendment, Vail Town Code, to remove Lot 1A, Lot 2A and Tract K of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, and setting forth details in regard thereto. (PEC18- 0019) Applicantiazier Lionshead LLC & Battle Moutnain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence Planner Spence introduce the project. Four different applications will be presented and discussed together, including PEC18-0016, PEC18-0017, PEC18-0018, and PEC18-0019. There are 3 main questions to be addressed. Staff does not have any comments at this time on the subdivision plat and the changes to the Pay in Lieu Parking zones. Tom Braun, Braun Associates — Representative of Lazier Lionshead LLC & Battle Mountain LLC, presented an overview of the project. He asked that at the end of the presentation, the PEC identify any questions or additional information that the applicant needs to provide for the next hearing. Braun introduced the applicants, Bob and Diane Lazier. He described the existing conditions of the site, and the ownership and existing parcels. Stockmar —Asked if the steps are in a permanent easement? Braun and Spence indicated Yes. Braun described how the two applicants have been in collaboration up to date, and he introduced the architects from Pierce Architects. First phase of the project is to demolish the top parking deck of the parking structure. Sidewalk along Lionshead Circle will be heated, new driveway in easement will be installed. Only one setback variance is proposed, and the meat of the application is the Exterior Alteration for the new building. Braun indicated that portions of Lionshead are in a no parking, pay in lieu zone. These lots include properties that do not have access to a road, and areas where the Town does not want cars, on pedestrian areas. This lot does have legal access to a road. Gillette — Lift House, Vail 21 and Lionshead Arcade... when does the parking fee need to be paid? Did they pay it when they were built? Braun — No, they did not pay the fee. They were existing before this regulation was in place. Stockmar- Asked how the existing parking on the lower level of the structure will be treated. Gillette — What is happening with the existing parking? Spence — The parking will be replaced in the proposed building. Gillette — How does this address the issues that neighbors have raised in the letters? Spence — These are private agreements. Town will not intercede into these private agreements, or on who can use the parking that is constructed. Replacing parking that exists today, plus the new parking demands created by this development, plus a few more Gillette - Are they replacing existing parking, and what's required? Spence — Yes. Kjesbo — They are going to meet the code. Gillette —Are we providing a timeframe for when these spaces will be replaced? Spence — No, that is not addressed in the code. Gillette- How many parking spaces will be required to be provided by Battle Mountain? Spence — They are building enough parking to address the existing parking on the Battle Mountain site. Braun — Described the lot lines and old land subdivisions. He described the minor subdivision, including past subdivisions that were recorded by metes and bounds descriptions, but which did not go through a Town of Vail subdivision process. This application will formalize existing subdivisions. Stockmar — Do these new subdivisions comply? Braun — Yes, they meet the Town code. He described the footprint of the building and the setbacks along the west side of the proposed building. This design will result in a better relationship to the adjacent property when the property to the west (Lazier) is developed. The building setback is at 10 feet, but the structure below the deck is at the property line. There is an easement allowing pedestrian access to Vantage Point to the north. The zero setback is only on the plaza level. Above grade setback is at 10 feet. Braun continued to discuss zoning issues. He explained the proposed mechanical, automated parking structure system. 54 spaces on the site now, and new demands will be 17 spaces. We will always have 71 spaces on site, but will likely have as many as 90 spaces. He discussed the Lionshead Redevelopment Master Plan. Plan discusses urban renewal and redevelopment, which we are doing. At a high level, we are doing what the master plan recommends. He discussed "live beds" which are encouraged by the Town code. There will be live beds in this development; but people will not be required to use the on site management. Amenities will encourage short term rentals through the design of the building. He described the arrival experience and the easement along the south side of the site, to provide access to this project, Lazier property, and Liftside property. Braun showed image of the existing site, and the proposed new building, which will help balance pedestrians and vehicle access. He discussed the architectural guidelines in the Lionshead Redevelopment Master Plan. The master plan gets fairly specific at times. The goal is to create an identity for Lionshead. He provided some examples of other redevelopments within the master plan area, including Antlers, Arrabelle, Ritz Carlton, Lionshead Visitors Center, First Chair, and The Lion. There is no strict single theme in the architecture. He highlighted some of the main elements of design, including building form and massing, windows, wall materials, etc. Braun discussed the idea of a base, middle and top. Lionshead Visitors Center does not have much of a "middle", and Arrabelle middle is busy. He described how The Ritz- Carlton and The Lion met this design requirement. Braun described how the proposed building meets the requirements for a base, middle and top, with a strong stone base. We are not on the primary pedestrian mall, so rules here are a little bit different. Wall step backs are required, but at a different height. He described the articulation of the building. Stockmar —Asked to confirm that the alley where the PEC was walking on the site visit today is not considered a mall. Spence — That is correct. Braun continued to describe wall setbacks and changes in materials. He discussed how balconies are used in Lionshead, and how they are used on the proposed building. He discussed windows and doors. Doors should be heavy, and windows recessed in stone walls. He discussed the guidelines on architectural details. Gillette — Is this only a three inch veneer stone? Bill Pierce — Will be more like an 8 inch stone Braun — Decorative lighting proposed at the base of the building. Decorative headers are also proposed. We anticipate additional collaboration with staff, including a few civil plan issues. Kjesbo — On the zero setback, is that just the parking garage? The building is setback 10 feet? Braun — Yes, when the project is done, it will not be perceived as zero setback. Spence — Staff would like feedback on three specific issues today. These include: Variance, hot beds and intersection of wall plane and roof. He described some staff concerns on the intersection of the wall and roof. He showed photos of other buildings in Lionshead and how they met this criteria. Gillette — Recessed dormers on top of the roof, they seem to meet this requirement. Stockmar — Would like to see revisions in this area. Spence — Showed areas of the master plan in the staff memo, and what is required. Bill Pierce, Architect — Described the goals of this language in the master plan, and his role in helping draft this master plan. We are trying to minimize the impacts to the adjacent property owners. We cut the roof out, rather than adding dormers. Gillette — In my opinion, you are meeting the code. Spence — Concern is how this will appear from pedestrian level. Gillete — If you see the building from the Ice Rink, then you have tied the roof into the wall face well. If you are on the Landmark property, you can't see the roof. I think you are fine with the recessed decks. Pierce — Building was designed to look like a mountain. Dormers will add more mass and height. He read code sections relating to roofs. We are trying not to add more mass than we need. We are trying to make the building look lower. Hopkins — Look at the right deck, take that roof off; something else to animate the building. Stockmar — Would like to see more to)dure, and more sense of variation. Perez — Design is based on the text amendment, and the property being removed from the parking fee in lieu area. The te)d amendment was implemented in 2001. There is a need to decrease parking. Goal is to reduce parking on East Lionshead Circle. We need to discuss whether or not we will remove this property from the fee in lieu zone. Spence — Text amendment will not go into effect until the plat is recorded. That will happen regardless of if this site is redeveloped. Master Plan says that parking should be replaced on site upon redevelopment. Properties without access to a right-of-way should not have parking, but this property has direct access. Lockman — If there was a little more articulation on the edge, that would be better. Kurz — The roof as it looks on this image is stark to me. Very few people will see this perspective. As Bill looks closer at the design of the building, he will come up with a design that we will all support Kjesbo — The fascia line is at the same elevation on all four sides. You don't see that in other buildings. Happy with how this design has started, but it does have a linear look around the building. Spence — The rest of the building has many elements that take away from the linear aspect , contrary to other parts of the building design. Braun — We want to get the basic form set, but details on windows and trim will be addressed by the DRB. Looks like we are close. Stockmar — Does look like the building terminates with the cap, but looks unfinished above the eave. Pierce — Intention is to be the opposite of The Lion, where dormers and roofs are on the outside edge. Idea is to minimize apparent height and volume. Stockmar — Concern is the from the ground looking up, you see an eve that smacks you in the face.. Pierce — I will look at it. We plan to interface the roof and wall in a similar way as the Lionshead Parking Structure. Stockmar — Lionshead Parking structure makes a to)dure break. Gillette — I think you are on the right track. Its making an eclectic neighborhood. Kjesbo —Asked to see where the mechanical equipment will be on the building. Spence — Discussed the requested variance, which is a bit different from other setbacks. This is a fully formed floor with a deck above it. Its interim, but we do not know how long the interim will last. Staff is looking for preliminary feedback on this variance request. Stockmar — The transition will be important both before and after construction. It should be attractive before the second development on the adjacent building. Kjesbo — You should plan for the other side of the building to be developed. Sounds like the adjacent owner is on board with this design. Braun — The proposed wall is better that the existing condition that exists today. Kurz — If Lazier decides not to build, we need to be able to deal with what is there. What prevents Lazier from also building up to the property line? Braun — Lazier is currently planning a building up to the property line. Spence asked if a Memorandum of Understanding from the two property owners would be helpful. Bob Lazier, Lazier Development — We intend to build our new development at the same time. Originally we planned an underground parking structure. We are also looking at how this will impact Vantage Point. There will be a nice plaza on the upper level. We are trying to create a smooth transition. Stockmar — Would like to see a Memorandum of Understanding. Kurz —Asked about the mechanical parking system, are any of those built in snow country? Would like a presentation on this type of system. Lockman — Loading and delivery is an issue right now. If you transition to pavers and a residential mall feeling, that might get lost. Spence — Properties without significant loading and delivery will rely on the delivery bunker under Arrabelle. With this development, the deliveries will need to shift. Stockmar — Does that take a lot of trundling? Spence — Perhaps, but significantly less than commercial buildings with lots of deliveries. Gillette — Was the idea to discuss the change to the fee in lieu zones as part of this meeting? There needs to be a D IA with an understanding on how the parking will be replaced. Braun — Your question is about when the top deck of the parking structure is replaced. Perez's concern is about the change to the fee in lieu zone. Spence — Staff believes that this fee in lieu could have been discussed years ago, as the existing parking structure is located in an area where parking is not currently allowed. Perez — We are talking about the fee in lieu zones in the context of a specific development. Can you come back to us with some history on this fee in lieu and how it relates to the master plan? Spence — We are also looking at the purpose of the fee in lieu zone. He showed maps of the original and proposed fee in lieu maps. Gillette — Why are adjacent properties not also included in this fee in lieu map change? Spence — We do not want those properties to be redeveloped with on-site parking, therefore the fee in lieu is appropriate. Braun — Today, we cannot redevelop with replacement of on-site parking, based on current regulations. Perez — I'm concerned that this fee in lieu map change is a special privilege for the applicant. Lockman — Lionshead Redevelopment Master Plan has specific language on parking, and what is the timeline for replacing parking. Gillette — DIA should have been in place before demolishing the parking structure. It should be tied to something. Kjesbo — We can't add conditions of approval on two different owners. Stockmar — We are not taking away public parking. It's an issue of reaching agreements between the parties affected. Gillette — There are supposed to be 183 parking spaces. Those spaces need to be maintained; before you demo the building, there should have been a DIA in place. Braun There are 135 spaces today, and a letter from the past indicating 169 spaces. The current application includes a minimum of 171 spaces, and possibly up to the low 190s. Gillette — I would like to see how parking is replaced, and when. Braun — We are not sure how you would force an owner to build something. Gillette — It can be controlled with a DIA. Kjesbo — You need to address the fee in lieu zone so that you can replace the parking. That is logical to me. It's not a special privilege to me. We will get 160 — 180 spaces that the Town does not have to pay for. Lazier — In the interim, while the top deck is removed, Arcade will have 14 spaces. And 32 spaces will be provided for Lift House. We had excess spaces, and they were rented to commercial tenants. Lift House will not be affected. We will have 88 spaces, plus what we need for our new development. Public Comment Stewart McNabb —Attorney of the Lift House. We are not asking the Town to adjudicate the number of parking spaces and private agreements. We are trying to maintain the status quo. But with parking spaces removed, we are asking for a condition of approval that parking spaces removed be replaced, to stay in conformance with the zoning regulations. Dale Bugby, Manager for Lift House Condominium Association. We are not expecting you to solve our parking situation. It was 69 spaces, not 32 as stated by Bob Lazier. There are 45 condos. We had 69 spots in 1972. That land has a parking requirement that has not gone away. The C.O. for the building stated that parking needed to be provided on this site. Now Lazier wants to reduce from 69 parking spaces to 32 spaces. Town should not have issued a permit to demolish the parking structure without the parking addressed . There are also parking requirements for the commercial tenants like Bart and Yeti's and Montauk. Lift House has no way to replace parking. Pay in lieu probably makes sense for those three buildings, but the obligation is still there to provide parking. Lazier — We fully intend to replace what has been on site for 45 years and any new parking requirements. Stockmar — Would like to see this in writing to protect you and clearly delineate new parking. Public Comment Closed Gillette — If you take the number of spaces required in 1972, subtract the number provided. Lockman — I nitial design looks like it was thought out. Happy with what the applicants have presented to far. Hopkins — We did not discuss the north elevation, and closeness to Vantage Point. Would like to know more about snow shedding on the south balconies, and more detail on the mechanical parking. Perez — Nothing to add. Kurz — The success of this application will depend on resolving parking issues, physically and legally. It is incumbent on the applicant to get us as much information as possible on these issues. This area needs help, and the redevelopment will be a great enhancement to Lionshead and the inventory of good properties. If we can get the parking issues out of the way, I will be happy to move this forward. Gillette — Would like to address the parking, and request Town Attorney to attend next meetings. Stockmar — Would like to address these few issues. Also, would like to see sun shade studies, and a Memorandum of Understanding on the parking related issues. Braun — Unsure if we will have a MOU by next meeting, but we can have some letters about our intent. We will have more information on the automated parking, setbacks, wall/roof interface, north side building and snow shedding. Ludwig Kurz moved to table to June 25, 2018. Rollie Kjesbo seconded the motion and it passed (7-0). 3.3. A request for review of Major Exterior Alteration, pursuant to Section 12-713- 45 min. 7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0016) Applicant$attle Mountain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence See please comments in Item 3.2 above. Discussion on Item 3.3 has been included in the comments above. Ludwig Kurz moved to table to June 25, 2018. Rollie Kjesbo seconded the motion and it passed (7-0). 3.4. A request for the review a variance from Section 12-7H-10, Setbacks, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a rear setback of zero feet (0') where ten feet (10') is required for a new multifamily structure, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0018) Applicant$attle Mountain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence See please comments in Item 3.2 above. Discussion on Item 3.4 has been included in the comments above. Ludwig Kurz moved to table to June 25, 2018. Rollie Kjesbo seconded the motion and it passed (7-0). 3.5. A request for review of a variance from Section 12-21-12, Restrictions in 45 min. Specific Zones on Excessive Slopes, Vail Town Code, to allow for more than ten percent (10%) of the total site area to be covered by driveways and surface parking, located at 2841 Basingdale Boulevard/Lot 3, Block 8, Vail Intermountain Development Subdivision, and setting forth details in regard thereto. (PEC18-0020) ApplicantUichael & Yoshimi Moore, represented by Visual I mpax Planner: Justin Lightfield presented by Jonathan Spence 1. `Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. " Spence introduced the project. This is the third meeting on this application. At the site visit today, the PEC was able to see the parking easement marked in the field, and the challenges of the site. Scott Handler, Visual I mpax, Applicant —At the last hearing, the PEC had some suggestions and requests. The adjacent property owners are here today. As you saw at the site visit, the location of the easement leaves no space for another curb cut. The access to the site is very difficult. The subdivision of the property created these hardships, and was not created by the applicant. We are asking to use only 557 square feet of paving. We looked at redesigning the access to reduce the amount of paving and curb cuts. We had a surveyor mark the lot and the parking easement, and the parking spots. Handler - We feel that access to the west side of the site works much better. It would give all the parking on the east side of the garage to the condos, and all of our parking on the west. He also described how 4 parking spaces could fit if access was taken from the east, but the parking is very tight. We have approval to move the fire hydrant, if necessary. He showed diagrams of various parking scenarios. Access from the west would not require backing out into the public road, and would not require moving the fire hydrant, plus additional parking for the condominium. Access from east results in 291 square feet less parking, and only one curb cut. He showed renderings of the developed site. Spence — Town Engineer, Tom Kassmel, is in attendance to answer questions. Kassmel — Our goal is to make roadway as safe as possible, and to reduce curb cuts and backing out of driveways. Option for taking access from the east is what we have today. On the west, there could be a benefit of having vehicles heading out (not backing out). One concern is showing more turning movements, and what is designed may not be sufficient. Second concern is with the distance to existing curb cuts, and the potential for curb cuts to be combined , thus creating head in parking. If we can keep linear footage the same, and ensure heading out onto the road, that would be best. Kjesbo — Parking should be on their own property, but what we saw today results in only one parking spot meeting town regulations. As shown, its in the right of way. Gillette — Drawing indicates that improvements are to be completed by Rush Condos. Michael Moore — We understand that each owner will need to pay their proportionate share of the cost of paving. Gillette — You will need major retaining (walls) to building the parking as shown on this drawing. If this is the proposal, you will need to provide a design of this parking area. Kjesbo — Based on your survey, much of the parking will be down the hillside, or off into space. Handler — Maybe for the last two parking spots. Moore — Two options in front of the board, including two variances. We have developed an Option 2. One of the variances is on the amount of paving, which can be in various forms. Without the variance the site can't be built. Option 1 does require a second variance, for a second curb cut. There is a single curb cut now. If you grant a second variance, it results in one curb cut per property. In this case it may be appropriate to have a second curb cut, to have a dedicated entrance to the new development, and to move parking spaces so they are on private property. Without a variance on the east, the site can't be developed. Kjesbo — Gave a history of this site, and how the easement was added to the site, then the lot was resold. Four parking spots need to come into compliance with Town regulations. Only way to do that is to build retaining walls. Gillette — You need to show 4 defined parking spots, either by cantilevering or adding retaining walls, or shifting the garage location. Spence — This can be done with a Condition of Approval. Handler — If we receive the second curb cut, it will be much easier to provide the parking for Rush condos. Hopkins — Don't believe that there will be enough space for the needed turning radius with the curb cut on the east. Handler — The first design is safer for everybody. Lockman —Additional curb cut is an additional variance, but its safer. I'm inclined to go back to the first design access from the west. Hopkins — Don't think access from east works. Like to see more landscaping in the front, between the street and hammerhead. Handler — Showed where additional landscaping can be placed on site. Perez — It's not the purview of the Commission to create 4 parking spaces for the adjacent property. In the easement, you are reserving 2 parking spaces for yourself. That leads to more pavement. A solution needs to be presented that reduces paving. Please give us more clarity on what you are requesting. Moore — With the western curb cut design, the 2 reserved spaces are being abandoned. On the eastern access design, those spaces are used by Rush Condos. Public Comment — Bill Wolford, Rush Condos — The past is a bit haunting to this site. When Mr. Moore bought the property two years ago, I consulted an attorney. The easement was created in 1993. Logically, each condo should have at least 1 parking space. Buyers of the condo purchase in good faith that there will be at least 1 parking space. The western entrance design makes sense. Its illegal parking that we have now. To move everything to the west makes sense and is a practical solution. Very concerned with safety, due to speeding on the road. Western entrance will be safer for the applicant, but there will be no change to Rush Condos, which will continue to back out. Public Comment Closed Gillette- I can get on board with either the west or east access. Let's decide that first. Kjesbo — We need to go on the east side, and make sure they have 4 legal spots for the Rush Condos. Town Engineer recommends no second curb cut. That will minimize the variance. Yes, you will still have backing out onto the road. Gillette —Agree with Kjesbo. An advantage of access from the east is having more landscaping. This allows garage to move west, allowing more parking in front of garage. Kurz —Agree with Kjesbo's perception. I like the west entrance to the garage better. The easement requires providing parking to the adjacent property, but not increasing the amount of paving. Its hard to say we need to grant the parking to Rush, when they created the parking. Hopkins- Like the west entrance better, the east does not work. There are lots of parking hardships in this town. Lockman — There is some unique history to this site. We should support finding safer solutions. I think the western access works. Moore — Every jurisdiction has its own requirements. You should look at whether the headship is avoidable or created by the applicant. There is almost nothing on the record on the curb cut existing with no home there. There is a hardship here, and the hardship was not created by myself and my wife. Perez — Survey was from 2014. Do you have a more recent survey? Moore - We have a boundary survey. We will have a new survey for the DRB. We have not done any changes or improvement to the property since we owned it. Stockmar — My comments follow those of Kjesbo. You bought into a difficult solution. The eastern access will be one curb cut, and lots of pavement. The western entry, if landscaped well, will allow you to pull out forward into the street. Lean toward original proposal, access from the west. It's not our job or authority to propose the solution. Inclination is to have less parking backing out. I will give credit to a second curb cut if we can cut down to four parking spaces for Rush Condos. Moore — The access from the west will allow us to move the parking to the west, and reduce the need for cantilevered parking or large retaining walls, which will reduce the environmental impacts, too. Kassmel — Described how safety can be improved by limiting Rush Condos parking to only 4 parking spaces, and ensuring that access from the west includes turning movements that allow all cars to pull out forward from the new curb cut. Kjesbo — You should be able to define parking so that it is only four parking spaces. We need to do something to define these four spots. Is the Town installing curb and gutter in this location? Kassmel — No current plans for curb and gutter by the town. Moore — Described issues with the changes to the fire hydrant. Spence — Summarized the additional information requested by the PEC to ensure that the correct information is provided. Gillette —Asked how much space must be provided on the applicant's property, and how can the Town ensure that additional parking spaces are not created in the future. Kassmel — Described how large parking is required to be 9'x19' on property, plus 5 feet to the road. He described how berms can be used to prevent additional parking. Brian Gillette moved to table to June 25, 2018. Ludwig Kurz seconded the motion and it passed (7-0). 3.6. 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) including changing the floor plan with the same unit count (65 units), changes to gross residential floor area (GRFA), changes to the parking count and layout, increasing building height, and architectural changes, located at 501 N. Frontage Road West / Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard thereto. (PEC18-0021) 20 min. Applicant Sonnenalp Properties, represented by GPSL Architects Planner: Chris Neubecker 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 Eag(e 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. However, if the applicant obtains only one building permit for both the demolition of the existing Solar Vail building and for construction of the new development (as opposed to separate demolition permit and building permit), then the timing for exchange of the eleven (11) existing deed restrictions on the property may be delayed until issuance of a Certificate of Occupancy for the new Solar Vail building. Neubecker walked the Commission through the proposed changes to the development plan since the previous approval was granted. These changes include unit mix, GRFA, site coverage, parking number and location, building height, office space, roof plan and development to the rear (north) of the structure. Perez -Same number of units but a reduction in beds. What is the change in bed count? Neubecker -Perhaps a question best for Henry Pratt. Stockmar-Location of mechanicals? Neubecker spoke to the formal development plan and parking management. Henry Pratt, Architect - Spoke to the increase in construction costs and steps made to reduce costs. Discussed the tandem parking proposal and its reduction in drive aisle, allowance for mechanicals and tenant storage. The changes to the parking numbers as a result of the loss of office use. Spoke to the parking management plan and bed count. Stockmar-Has the applicant looked at lease agreements that will restrict autos? Pratt - Preference will be given to potential tenants with no cars. Hopkins -Isn't the summer the parking issue at the structure (overnight)? Lockman -Asked about mechanicals Neubecker-Spoke to the change in bed/bedroom counts. Lockman -Recognized the challenges with cost and the necessary changes. Hopkins agrees with Lockman Perez -Agrees. Supports the reduction in office space. Kurz- Agrees. Feels that the tandem parking is an internal issue. Feels the changes have made for a better project. Kjesbo-Ok with it Stockmar- Supports changes and eliminating 3 bedrooms. Spoke to unit mix Perez -Have you discussed the changes with the neighbors? Pratt - No. Changes not substantive. Ludwig Kurz moved to approve with conditions. Rollie Kjesbo seconded the motion and it passed (6-1). Ayes: (6) Hopkins, Kjesbo, Kurz, Lockman, Perez, Stockmar Nays: (1) Gillette 3.7. A request for review of variances from Section 12-15-2, GRFA Requirements 5 min. by Zone District, Section 12-15-3 Definition, Calculation and Exclusions, Section 12-18-4 Uses, and Section 12-18-5, Density Control, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for Gross Residential Floor Area (GRFA) in excess of the amount permitted by lot area and zone district and to allow an access opening to a crawl space of greater than 12 square feet, located at 2014 West Gore Creek Drive Unit 5/Lot 41-43 (Hamlet Townhouses), Vail Village West Filing 2, and setting forth details in regard thereto. (PEC18-0009) 5 min. The Applicant has withdrawn this application. Applicant flolly Proctor and John Hutto, represented by Martin Manley Architects Planner: Chris Neubecker 4. Approval of Minutes 4.1. May 29, 2018 PEC Results 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 Ad #: 0000254770-01 Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM Your account number is: 1023233 PROOF OF PUBLICATION VAIL DAILY STATE OF COLORADO COUNTY OF EAGLE I, Mark Wurzer, do solemnly swear that I am Publisher of the VAIL DAILY, that the same daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein, that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The VAIL DAILY is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 6/8/2018 and that the last publication of said notice was dated 6/8/2018 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day 6/22/2018. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 6/22/2018. �1 Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 JEr 1 LYA�'i h4$plRd,6 rebrArew Pt1m�.D. RUFE:IF L`gf,{J4PD0 ppTARY'[7 2d S6k09938A' N'/ 00';SI�N %'%171lw4FtiGi15T9,2�' TOWN OF VAIL THIS ITEM MAV AFFECTYOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public healing in accordance with section 12.3.6, Vail Town Code, onJune 25, 2018 0<1:00 pm in the Town of Vail Municipal Building. A request fora recommendation to the Vail Town Council for a zone d'em 1 bountlery amerMmenL pursuantto Section 12-3-7, Amendment, Vail Town Cctle, to allow for the rezoning of Rvo par - .1. of land located in the vicinity of 366 Hanam Ranch Road; A portion of Lot tl-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. Therezoning will change the Zone Dour'st from Agriculture antl Open Space (A) District b the Public Accommodation (PA) Dishict, and setting font details in re,ad thereto. PEC1.__ pplicant: ahpoind LLC, represented by Pylman &Associates, Inc. Planner. Jonathan Spence A request for the review of an Exemption Plat, pursuant to Section 13-123, Plat Procedure and Criteria for Review, Vail Town Cotle, to incorpo- rete a portion of Lot d-1, Bleck 2, Vail Village Fifth Filing antl a portion of Tract E, Vail Village Fifth Filing into the existing property I. hetl e[ 366 Henson Ranch rmdV td, Block 2,-11 Village Filingg 1, and setting forth details in regard thereto. (PE i8-0025l Applicant: Vailpoint LLC, represented by Pylman & Associates, Inc. PI....r: Jonathan Spence Con fetli[ .nal Use Permit, p review of an A t to Section 12- 8B-3, Conditional Uses; Aurccesaory buildings (Par, temporary), Vail Town Cade, to slow for the replacement of the existing golf starter shack with a new starter shack builtling at the Vail Goli Course, located at 1655 Sunburst Drive, cull ul,un of pklled and unplauW par Is (a compete legal deacdprun is available at the Community Development oeparlment Office), antl seting forth tletails in regartl thereto. (PEC1& 0023) roc ArAroc Vail Golf Course, represented by Pi Pierce haects Planner: Justin Liyhtlield A request for the review of a Major Exterior Atea- tiona pursuao Seo12-7H-7, Exteror Atters- onorMocations, Vail Town Code, to allow for the corwersian of two (2) back of house.ffi- - to Ren (2) Asommotlation Units, oca[etl a[ 715 West Lionshead CimleM'est Day Suhtli -on (Vail Marriott Mountain Resort), and setting forth details in regard thereto. (PEC18-0024) Applicant: Diamondrock Vail Owner LLC, repre. M. by Mauriello Planning Group Planner. Jonathan Spence A request for review of Major EMerior Alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for Con structon of a new multifamily structure with below rde parking, 1,-.d at 531 East Lionsheatl 2 antl 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. Applcant:tB ttla Mountain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence The applications and information about the pro Ponts are available for public inspection during Ric. hours st the Town of Veil Community D—I- opmeM Department, 75 South Frontage Road. The public is invited to attend site visits. Please call 970379-2139 or visit www.vailgov.com/plann Ing for wddi imml information. Sign language interpretation available upon ne- questw%2a-hoar notif mn, dio1711. Published June 8, 2010 in the Vail Daily. wf=s477o Ad #: 0000262208-01 Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM Your account number is: 1023233 PROOF OF PUBLICATION VAIL DAILY STATE OF COLORADO COUNTY OF EAGLE I, Mark Wurzer, do solemnly swear that I am Publisher of the VAIL DAILY, that the same daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein, that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The VAIL DAILY is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 6/22/2018 and that the last publication of said notice was dated 6/22/2018 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 6/22/2018. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 6/22/2018. Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 PLANNING AND ENVIRONMENTAL COMMISSION June 25,2018, 1:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 Call to Order 1.1. Attendance Main Agenda 2.1. Executive Session pursuant to C.R.S. 24-6-00 (4)(b) to receive legal advise on Specdic legal manors Re:pe ddng issues. 10 min. 2.2. Are quest for the review ofa Maior Exterior Alteration, pursuant to Section Applicant: Diamondrock Vail Owner LLC, represented by Mauriello Planning Group Planner: Jonathan Spence 2.3. A request for the review of an Exemption Plat. pursuant 0 Section 1312 Block 2, Vail Village Filing 1, and setting form details in regard thereto. (PEC78-0025) 15 min. Applicant: VailPoint LLC, represented by Pylman 8 Associates, Inc. Planner: Jonathan Spence 2.4. A request for a recommendation to the Vail Town Council for a one of Applicant: VailPoint LLC, represented by Pylman 8 Associates, Inc. Planner: Jonathan Spence 2.5. A request for review of Mei r Exterior Alteration, p rs nt to Section 12-7B- 7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of multifamily structure with below gretle parking, locatetl at 534 East Uonsheatl Cirole/Lot 2 antl 3, Block 1, Vail Lionsheatl Filing 1, and seting forth details in regard thereto. (PEC18-0016) 45 min. The applicant is returning to the PEC to discuss discreet elements of the project No request for formal action is being made at this time. Staff requests that this item be continued to the July 9, 2018 Planning and Environmental Commission meeting. ApplicanC Bartle Mountain LLC, represented by Braun Associates, Inc. Planner. Jonathan Spence 2.6. A request for review of a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Cade, to allow for a subdivi.i.n to reconfigure the property lines between two (2) development lots located at 00 8 534 East Lionsheatl Cirole/Lots 1.2 and 3. Block 1. Vail Lionsheatl Filing 1, and setting forth details in regard thereto. (PEC1 B-001]) 5 min. Staff will not be providing a staff memorandum for thisitem. Staff requests that he Planning antl Envio n os ital Gurriniisaiuii uuminus this item to the July 9, 2018 on. -tinge heeting. Applicant: Lazier Lionseatl LLC 8 Battle Mountain LLC, represented by Braun Associates, Inc. Planner: Areques fathan b a recommendation to the Vail Town Council for a pre scribed regulations amendment to Section 12-10-16 Exempt Areas', Parking Fund Establishot, Vail Town Code, pursuant to Section 12-3-7 Amendment, Vail Town Code, to remove Lot 1A, Lot 2A and Tract K of a Resubdivision of Vail Lionsheatl, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, antl setting forth details in regard thereto. (PEC1& 0019) 5 min. Staff will not be providing a staff memorandum for this its. Staff requests that the Planning and Environmental Commission continue this item to the July 9, 2018 meeting. Applicant Lazier Lionsheatl LLC 8 Battle Mountain LLC, represented by Braun Associates, Inc. Planner: Jonathan S- 2.8. A request for the review a variance from Section 12-711-10, Setbacks. Vail Town Cotle, pursuant to Tule 12 Chapter 1], Variances, Vail Town Code, to allow for a rear setback of zero feet (0') where ten teat (10') is required for a new multifamily structure, located at 534 East Lionsheatl CirclelLot 2 and 3, Block 1, Vail Lionsheatl Filing 1, and setting forth details in regard thereto. (PEC18-0018) 5 min. $teff will not ha pmviding a staff mammmndum for Chia item. Stab requ.sts that the Planning and Environmental Commission continue this item tot he July 9, 2018 meeting. Applicant: Baffle Mountain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence 2.9. A report to the Planning and Environmental Commission on the Administrators approval of an amendment to an existing Conditional Use Permit, pursuant to Section 12-88-3, Conditional Uses; Accessory building. (permanent and temporary), Vail Town Cotle, toallow for the replacement of the existing golf starter shack win, a new starter shack builffing at the Vail Golf Course, located at 1655 Sunburst Drive, a collection of plane tl and unplaned parcels (a Dsmplete legal description is available at n,e Community Development Department Office), end setting forth details m regartl thereto. (PEC18-0023) 5 min. A plicant: Vail Golf Course, representedby Pierce Arohttects PP nner. Justin Lighniold 2.10. A request for review of a variance from Section 12-21-12, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to allow for more than ten percent (10%) of the total site area to be coverad by driveways and surface parking, located et 2841 Basingtlele BoulevardlLot 3, Block 8, Vail Intermountain Development Subdivision, and setting forth details in regard thereto. (PEC18-0020) 45 min. A plicant: Michael8 VOShimi Moore, represented by Visual Impax Penner: Justin -I&hnield Approval of Minutes 3.1. PEC Results June 11, 2018 ,IEri0`��' h4EplRdA 4. Adjournment rew RDaLiD. iiAF'211 OQ959 ppTA2d58kOg938g' The applications and infonnatlil about the proposals are available for public im pol during regular office houre at the Town of Vail Community Development Department, 75 South Frontage Road. The AT/CGktid.G51c71Iw4Ag�ilBrI'm public is invited to atlend tM1e project orientation and the site visits that pro— the public hearing in n,e Town M Vail Community Development Department. Tmes and order of items are approximate, subject to change, and cannot ba relied upon to determine at what time the Planning and Environmental Commission all 711 for sign will consider an item. Please call (970) 479-2138 for additional information. Plesse -1171 language interpretation 48 hour prior to meeting time. Community Development Department Published in the Vail Daily June 22, 2018. 0000262208