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HomeMy WebLinkAbout2002-0923 PEC• .7 • THIS ITEM MAY EFFECT YOUR PROPERTY PUBLIC NOTICE *4 t4o NOTICE IS HEREBY GIVEN that the Design Review Board and Town Council of the Town of Vail will hold a public hearing in accordance with Section 3 -4 -5 of the Municipal Code of the Town of Vail on November 5, 2002, at 1:00 PM in the Town of Vail Municipal Building. In consideration of: A request for a joint worksession with the Design Review Board, Planning and Environmental Commission and the Town Council to present the proposed plans for an amendment to the Town of Vail Land Use Plan and the Vail Village Master Plan, to facilitate the construction of "Vail's Front Door" project and associated improvements and setting forth details in regards thereto, located on an unplatted parcel, generally located south of the Lodge Tower and west of the Vista Bann Ski Yard. A more complete metes and bounds description is available at the Department of Community Development. Applicant: Vail Resorts Development Company Planner: George RutherlAllison Ochs A request for a joint worksession with the Design Review Board, Planning and Environmental Commission and the Town Council to present the proposed plans for the redevelopment of several projects in Lionshead, including the Vail Resorts Core Site, West Day Lot, Tennis Court Site, North Day Lot, Holy Cross Site, Waste Water Treatment Plant and associated public improvements and setting forth details in regards thereto. A more complete legal description is available at the Department of Community Development. Applicant: Vail Resorts Development Company Planner: Allison Ochs The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Sign language interpretation available upon request with 24 hour notification. Please call 479 -2114 voice or 479 -2356 TDD for information. Community Development Department Published November 1, 2002 in the Vail Daily. n Ll T 4 t THIS ITEM MAY EFFECT YOUR PROPERTY e4ig PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council and the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12 -3 -6 of the Municipal Code of the Town of Vail on November 19, 2002, at 12:00 PM in the Town of Vail Municipal Building. In consideration of: A request for a joint worksession with the Planning and Environmental Commission and the Town Council to amend Chapter 12 -15 (Gross Residential Floor Area), Vail Town Code, to discuss modifications and/or elimination of the Gross Residential Floor Area regulations in all zone districts and setting forth details in regards thereto. Applicant: Vicki Pearson, et.al. Planner: Russell Forrest The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Sign language interpretation available upon request with 24 hour notification. Please call 479 -2114 voice or 479 -2356 TDD for information. Community Development Department Published November 1, 2002 in the Vail Daily. • • THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12 -3 -6 of the Municipal Code of the Town of Vail on September 23, 2002, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a worksession to discuss a proposed major exterior alteration; a conditional use permit to allow for a fractional fee club in the Public Accommodation zone district; a variance from Section 12 -7A -2 (Permitted Uses), Vail Town Code, to allow for retail uses in excess of 10% of the total gross residential floor area of the structure; and a variance from Section 12 -7A- 10 (Landscaping & Site Development), Vail Town Code, to allow for a deviation from the total landscape area requirement, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive /Lots K & L, Block 5E, Vail Village 1" Filing. Applicant: Sonnenalp Properties; Inc., represented by Braun Associates, Inc. Planner: George Ruther/Warren Campbell A request for a recommendation to the Vail Town Council of a proposed major amendment to Special Development District No. 4, Cascade Village, Development Area B, to amend the setback requirements as indicated on the approved development plan, located at Coldstream Condominiums, Unit # 25, 1476 Westhaven Drive /Lot 53, Glen Lyon Subdivision. Applicant: James and Jane Kaufman, represented by Fritzlen Pierce Architects Planner: Allison Ochs A request for a final review of a final plat of Lots 11 and 12, Block 2, Vail Village 12th Filing, and Tract C, Block 1, Vail Village 12th Filing, located at 3160 N. Frontage Road East and 3010 N. Frontage Road East and setting forth details in regards thereto. Applicant: Vail Mountain School, represented by Braun Associates, Inc. Planner: Russ Forrest A request for a recommendation to the Vail Town Council, to allow for text amendments to Title 11, Sign Regulations, Vail Town Code, and setting forth details in regards thereto. Applicant: Town of Vail Planner: Russell Forrest A request for a final review of a final plat for a major subdivision; a request for a final review of a conditional use permit to allow for a private educational institution and development plan approval to construct employee housing; and setting forth details in regards thereto, located at the site known as "Mountain Bell " /an unplatted piece of property, located at 160 N. Frontage Rd. /to be platted as Middle Creek Subdivision, A full metes and bounds description is available at the Community Development Department. Applicant: Vail Local Housing Authority, represented by Odell Architects Planner: Allison Ochs The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 479-2138 for information. 1 TOtt•'A4V'41 Sign language interpretation available upon request with 24 -hour notification. Please call 479- 2356, Telephone for the Hearing Impaired, for information. Community Development Department Published September 6, 2002 in the Vail Daily. 2 • • is • PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING RESULTS Monday, September 23, 2002 PROJECT ORIENTATION / - Community Development Dept. PUBLIC WELCOME MEMBERS PRESENT John Schofield Doug Cahill George Lamb Rollie Kjesbo Gary Hartman MEMBERS ABSENT Erickson Shirley Chas Bernhardt Site Visits : 1. Kaufman residence — 1476 Westhaven Drive 2. Sonnenalp - 20 Vail Road 3. Middle Creek 1601 N. Frontage Road 4. Sign Tour Driver: George 11:00 am 12:30 pm Z*))11 NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearing - Town Council Chambers 2:00 pm A request for a final review of a final plat of Lots 11 and 12, Block 2, Vail Village 12th Filing, and Tract C, Block 1, Vail Village 12th Filing, located at 3160 N. Frontage Road East and 3010 N. Frontage Road East and setting forth details in regards thereto. Applicant: Vail Mountain School, represented by Braun Associates, Inc. Planner: Russell Forrest MOTION: Doug Cahill SECOND: Gary Hartman VOTE: 4 -0 -1 (Lamb recused) APPROVED WITH 2 CONDITIONS: 1, The Vail Town Council will need to approve of the changes in Right -of -way ownership within 60 days of the approval of the final plat. 2. Additional drainage easements required by the Town of Vail Public Works Department be granted by the applicant and recorded with the Eagle County Clerk and Recorder prior to the issuance of a temporary certificate of occupancy for the first phase of construction of the school. 2. A request for a final review of a final plat for a major subdivision; a request for a final review of a conditional use permit to allow for a private educational institution and development plan approval to construct employee housing; and setting forth details in regards thereto, located at the site known as "Mountain Bell " /an unplatted piece of property, located at 164 N. Frontage Rd. /to be platted as Middle Creek Subdivision. A full metes and bounds description is available at the Community Development Department. 1 TOWN O4MIL Applicant: Vail Local Housing Authority, represented by Odell Architects Planner: Allison Ochs MOTION: Doug Cahill SECOND: Gary Hartman VOTE: 4 -1 (Lamb opposed) APPROVED — FINAL PLAT AND MAJOR SUBDIVISION Prior to submittal for a building permit or within one year from approval of the final plat, the applicant shall submit two mylar copies of the final plat for Middle Creek Subdivision for recording with the Eagle County Clerk and Recorders. All easements are subject to approval by the Department of Community Development prior to recording, MOTION: Doug Cahill SECOND: Rollie Kjesbo VOTE, 5 -0 APPROVED — CONDITIONAL USE PERMIT FOR THE DAY CARE MOTION: Doug Cahill SECOND: Gary Hartman VOTE: 4 -1 (Lamb opposed) APPROVED WITH 15 CONDITIONS — CONDITIONAL USE PERMIT Prior to application for a building permit the developer shall enter into a Developer Improvement Agreement with the Town of Vail to construct the following off -site improvements: A. The North Frontage Road must be widened to accommodate a left -turn lane. The current lane configuration shall be improved as follows (from North to South): 2.5' concrete curb and gutter, 6' asphalt shoulder, 12' westbound lane, 16' left turn lane, 12' eastbound lane, 6' asphalt shoulder, 2' gravel shoulder. All widened areas shall be constructed with a full depth pavement designed by an engineer. A complete 2" asphalt overlay will be required is between the east (Main Vail Roundabout) and west road construction limits. All lane tapers shall meet the requirements of C -DOT. Guardrail shall be installed on the south side of the Frontage as required by C -DOT B. The 2.5' concrete curb and gutter shall match the existing curb and gutter at the North Main Vail Roundabout and extend to the western most limits of the road construction. C. A 10' wide, 6" thick concrete pedestrianlbicycle path shall be constructed from the North Main Vail Roundabout to the western most limits of the road construction. D. The existing concrete box culvert that carries Middle Creek beneath the Frontage Road shall be extended to accommodate both the road improvements and the extension of the pedestrian path. A debris guard shall also be installed. E. A storm sewer drainage system shall be constructed, including inlets, storm sewer pipe, manholes, ditches, etc., as designed by an engineer, to adequately convey all 25 -year storm run off in the area. F. Street lighting shall be designed and installed along the frontage road, and at a minimum placed at all intersection points. i G. All necessary grading and revegetation shall be completed within the ! construction limits by the developer. 7 H. The Town of Vail Public Works Department and C -DOT must approve all improvements. is 2. All proposed grading located off the subject property must be approved by the adjacent property owner. 3. As part of the final submittal for Design Review Board approval, the following additional information shall be submitted to the Department of Community Development: A. Retaining wall profiles and details. B. Final hazard mitigation plans and details, C. Final drainage study and design. (1:20 scale) D. Pavement design sections. E. Final grading plans and details. (1:20 scale) F. All necessary easements including, drainage, pedestrian and an easement for the Town bus stop and area. 4. Prior to application for a building permit the developer shall submit a Design Review Board application, detailed final landscape plan„ and final architectural elevations for review and approval of the Town of Vail Design Review Board. 5. Prior to application for a building permit the developer shall submit a construction phasing plan for review and approval by the Department of Community Development and the Department of Public Works for all improvements and construction on the site. 6. Prior to application for a building permit the developer shall submit a complete set of civil engineer drawings for all off -site improvements, including the improvements to the South Frontage Road for review and approval by the Department of Public Works. 7. Prior to application for a building permit the developer shall submit a complete set of plans to the Colorado Department of Transportation for review and approval of an access permit. 8. Prior to application for a building permit the developer shall submit a final exterior building materials list, a typical wall section and complete color renderings for review and approval by the Design Review Board. 9. Prior to application for a building permit the developer shall post a bond with the Town of Vail to provide financial security for the 150% of the total cost of the required off -site public improvements. 10. The applicant's proposal shall meet the intent of the Design Guidelines, as outlined in Title 14, Vail Town Code. This includes the following: a. Predominantly natural building materials shall be used within the Town of Vail. The exterior use of wood, wood siding, wood shingles, native stone, brick, concrete, stucco, and EIFS may be permitted. Concrete surfaces, when permitted, shall be treated with texture and color; however, exposed aggregate is more acceptable than raw concrete. The exterior use of stucco or EIFS with gross textures or surface features that appear to imitate other materials shall not be permitted. The exterior use of simulated stone or simulated brick shall not be permitted. The exterior use of aluminum, steel, plastic or vinyl siding that appears to imitate other materials shall not be permitted. The exterior use of plywood siding shall not be permitted. b. The exterior use of any building material, including those not specifically identified by this Section, shall only be permitted, unless otherwise prohibited by this Code, where the Design Review Board finds: (i) that the proposed material is satisfactory in general appearance, architectural style, design, color, texture, and quality over time; and, (ii) that the use of the proposed material complies with the intent of the provisions of this Code; and, (iii) that the use of the proposed material is compatible with the structure, site, surrounding structures, and overall character of the Town of Vail. C. The majority of roof forms within Vail are gable roofs with a pitch of at least four feet (4) in twelve feet (12). However, other roof forms are allowed. Consideration of environmental and climatic determinants such as snow shedding, drainage, and solar exposure should be integral to the roof design. d. Roof lines should be designed so as not to deposit snow on parking areas, trash storage areas, stairways, decks and balconies; or entryways. Secondary roofs, snow clips, and snow guards should be utilized to protect these areas from roof snow shedding if necessary. e. Deep eaves, overhangs, canopies, and other building features that provide shelter from the elements are encouraged. Fenestration should be suitable for the climate and for the orientation of the particular building elevation in which the fenestration occurs. The use of both passive and active solar energy systems is strongly encouraged. If the applicant cannot comply with the Design Guidelines to the Design Review Board's satisfaction, the applicant shall return to the Planning and Environmental Commission for a review and approval of the development plan and the criteria for evaluation as outlined in Section VIII of this memorandum. 11. All units shall be Type III employee housing units. The deed restriction shall be filed on a form approved by the Town Attorney and shall be recorded with Eagle County Clerk and Recorder prior to issuance of a Temporary Certificate of Occupancy for any of the units. 12. The Parking Management Plan shall be adhered to by the applicant; developer, and residents of Middle Creek. The Planning and Environmental Commission shall review and approve any proposed changes to the Parking Management Plan. 13. Prior to submittal to a final landscape plan, the applicant shall increase the landscaping on the east side 100% and the landscaping on the south side by 50%, subject to Design Review Board approval with regards to size and species. In addition, landscaping shall be added to the southeast corners of Buildings A and B, and adjacent to the Early Learning Center. 15. Prior to submittal of a final landscape plan, the landscaping islands in the surface parking lots shall be expanded to the maximum extent possible, subject to Design Review Board approval. 0 4 3. A request for a recommendation to the Vail Town Council of a proposed major amendment to Special Development District No. 4, Cascade Village, Development Area B, to amend the setback requirements as indicated on the approved development plan, located at Coldstream Condominiums, Unit # 25, 1476 Westhaven Drive /Lot 53, Glen Lyon Subdivision. Applicant: James and Jane Kaufman, represented by Fritzlen Pierce Architects Planner: Allison Ochs MOTION: George Lamb SECOND: Rollie Kjesbo VOTE: 5 -0 TABLED UNTIL OCTOBER 14, 2002 4. A request for a worksession to discuss a proposed major exterior alteration; a conditional use permit to allow for a fractional fee club in the Public Accommodation zone district; a variance from Section 12 -7A -2 (Permitted Uses), Vail Town Code, to allow for retail uses in excess of 10% of the total gross residential floor area of the structure; and a variance from Section 12 -7A -10 (Landscaping & Site Development), Vail Town Code, to allow for a deviation from the total landscape area requirement, located at 20 Vail Road, 62 E. Meadow Drive, and 62 E. Meadow Drive /Lots K & L. Block 5E, Vail Village 151 t=iling. Applicant: Sonnenalp Properties, Inc., represented by Braun Associates, Inc. Planner: George Ruther/Warren Campbell WORKSESSION — NO VOTE 5. A request for a conditional use permit, to allow for a public utility installation, located at the East Vail Water Tank, 5004 Snowshoe Lane /Summer Recreational Area, Vail Meadows Filing 1, Applicant: Town of Vail Planner: Bill Gibson MOTION: Gary Hartman SECOND: Rollie Kjesbo VOTE: 5 -0 APPROVED WITH 1 CONDITION: The applicant shall plant six evergreen trees for screening. 6. A request for a recommendation to the Vail Town Council, to allow for text amendments to Title 11, Sign Regulations, Vail Town Code, and setting forth details in regards thereto. Applicant: Town of Vail Planner: Russell Forrest MOTION: Doug Cahill SECOND: Gary Hartman VOTE: 5 -0 TABLED UNTIL OCTOBER 14, 2002 7 A request for a recommendation to the Vail Town Council of an amendment to Section 12 -7A -7 (Height), Vail Town Code, to increase the maximum allowable building height in the Public Accommodation zone district and setting forth details in regards thereto. Applicant: Bob Lazier, represented by Jay Peterson Planner: George RutherlWarren Campbell 0 TABLED TO OCTOBER 14, 2002 8. A request for an interpretation of the maximum height and calculation of average maximum height requirements in the Lionshead Redevelopment Master Plan. Applicant: Town of Vail Community Development Department Planner: George Rather TABLED UNTIL OCTOBER 14, 2002 9. Approval of September 9, 2002 minutes 10. Information Update The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479 -2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2356, Telephone for the Hearing Impaired, for information. Community Development Department 1.1 • 9 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 23, 2002 SUBJECT: A request for approval of a final plat of Lots 11 and 12, Block 2, Vail Village 12th Filing, Katsos Ranch Road, and Tract C, Block 1, Vail Village 12th Filing, located at 3160 N. Frontage Road East and 3010 N. Frontage Road East and setting forth details in regards thereto. Applicant: Vail Mountain School, represented by Braun and Associates Planner: Russ Forrest SUMMARY AND DESCRIPTION OF REQUEST The applicant is requesting approval of a final plat of Lots 11 and 12, Block 2, Vail Village 12th Filing, and Tract C, Block 1, Vail Village 12th Filing, located at 3160 N. Frontage Road. The Final Plat would change Lots 11 and 12 to Lot 1 and Tract C would become Lot 2. The PEC approved the preliminary plat on August 12th , 2002. There have been no substantive changes of the final plat except for some changes in the signature section of the plat. Staff is recommending approval of this application subject to the findings and conditions outlined in section VII of this memorandum. 11. BACKGROUND A. 2002 . Master Plan The Vail Mountain School at the August 12th 2002, Planning and Environmental Commission meeting received final approval for: 1) A request for an amendment to the previously approved development plan and a new conditional use permit for a private educational institution and an active outdoor recreation area on 3010 Booth Falls Road /Lot 11, Block 2, Vail Village 12th Filing and 3160 N. Frontage Road East/ Lot 12, Block 2, Vail Village 12th Filing; 2) A request for a conditional use permit to allow for the construction of eight Type III EHUs located on Tract C, Block 1, Vail Village 12th Filing; 3) A request for a for a conditional use permit to continue to allow for the existing temporary modular classroom structures located at 3160 N. Frontage Road East/ a part of Lot 12, Block 2, Vail Village 12th Filing; 4) A request for a major subdivision and preliminary plat approval for the Vail Mountain School Subdivision, a resubdivision of Lots 11, 12, Tract C, and Katsos Ranch Road, Vail Village 12th Filing in accordance with Title 13, Chapter 3, Vail Town Code, and setting forth details in regards thereto. The Town Council will also need to accept the dedication of land and approve of the subdivision. On August 12, 2002, the applicant received approval for the following requests from the Vail Town Council: 1) Resolution 12, Series of 2002: A request to modify the official Town of Vail Rockfall Hazard Map to indicate approved mitigation for 3160 N. Frontage Road /Lot 12, Block 2, and Tract C, Block 1, Vail Village 12th Filling; 2) Resolution 13, Series of 2002: A request to amend the official Town of Vail Land Use Map for Tract C, Block 1, Vail Village 12th Filing from Low Density Residential to Public /Semi - Public; The following ordinances were approved by the Vail Town Council on September 17, 2002:. 0 1) Ordinance 21, Series of 2002: A request to rezone Lot 12, Block 2, Vail Village 12" Filing to General Use, The northern portion of this lot is zoned Agriculture Open Space; 2) Ordinance 22, Series of 2002: A request to rezone 3010 Booth Falls Road /Lot 11, Block 2, Vail Village 12th Filing from Two - Family Residential to General Use; 3) Ordinance 23, Series of 2002: A request to rezone Tract C, Block 1, Vail Village 12th Filing from Two - Family Residential to General Use; B. History of the Property The following is a brief synopsis of Vail Mountain School development over the last 20 years: 1972 - Vail Village 12'h Filing was annexed into the Town of Vail and platted. This subdivision plat shows Lot 12 at 8.66 acres in size. 1972 -At the time of annexation Agriculture Open Space zoning was applied to Lot 12. The total area of the parcel was 8.66 acres. The minimum lot size of the Agriculture Open Space zone district is 35 acres. 1979 -Vail Resorts conveyed the Tennis Court site to the Booth Falls Homeowners through a quick claim deed. 1979 -the first two story building was constructed on the site. 19817 -Vail Resorts conveyed the land the school is on today to the Vail Mountain School. 1979 -- Original 2 -story building constructed 1984 North classrooms and rockfall berm constructed (berm is no longer necessary) 1989 — Gymnasium and stage addition constructed 1992 — Additional story added to existing building 1995 — Library expansion 1999 — Temporary classroom structure constructed III. ROLES OF REVIEWING BOARDS A. Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval, approval with conditions, or denial of a major subdivision. Specifically the the code states: The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 93 -3 -3C above. The 40 Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, effects on the aesthetics of the Town. (1997 Code: Ord. 2 (9983) § 1 B. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. C. Town Council: The Town Council is the final decision making authority for a rezoning or a text amendment. Final actions of Design Review Board or Planning and Environmental Commission maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. The Town Council is also responsible for accepting land for public right of way in a Major Subdivision. IV. APPLICABLE PLANNING DOCUMENTS A. Title 13: Subdivision Regulations Title 13, Subdivision Regulations, of the Vail Town Code establishes the review process and criteria for a major subdivision proposed in the Town of Vail. Pursuant to Chapter 13 -3 (Major Subdivision) of the Town Code, the first step in the review process is for the applicant to meet with a Town Planner to discuss the preliminary plan. Staff has met with the applicant on several occasions to discuss the proposal and address submittal requirements. Staff feels the applicant has successfully complied with the initial step in the review process. The Town of Vail is required to notify the following agencies that a major subdivision is proposed and that preliminary plans are available for review: a. Department of Public Works. b. Town Fire Department. c. Town Police Department. d. Public Service Company of Colorado. e. Holy Cross Electric Association. f. U.S. West g. Cablevision company serving the area. h. National Forest Service. i. Eagle River Water and Sanitation District. j. Vail Recreation District. k. Eagle County Ambulance District. I. Other interested agencies when applicable. The next step in the review process shall be a formal consideration of the preliminary plan by the Town of Vail Planning and Environmental Commission. The applicant shall make a presentation to the Planning and Environmental Commission at a regularly scheduled meeting. The presentation and public hearing shall be in accordance with Section 12 -3 -6 of the Vail Town Code. The burden of proof that the application is in compliance with the intent and purposes of the Zoning Code and other pertinent regulations shall lie upon the applicant. In reviewing the plan, the Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to: 1. Subdivision Control; 2. Densities proposed; 3. Regulations; 4. Ordinances, resolutions and other applicable documents; 5_ Environmental Integrity; 6. Compatibility with surrounding land uses; and • 7. Effects upon the aesthetics of the Town and surrounding land uses. The Planning and Environmental Commission shall have twenty -one days from the date of the review of the preliminary plan to approve, disapprove or approve with conditions or modifications, the major subdivision request. Within ten days of making a decision on the request, the staff shall forward the Planning and Environmental Commission's decision to the Vail Town Council. The Council may appeal the Planning and Environmental Commission's action. The appeal must be placed within seventeen days of Planning and Environmental Commission's action. If the Council appeals the Planning and Environmental Commission's action, the Council shall hear substantially the same presentation by the applicant as was heard at the Planning and Environmental Commission public hearing. The Council shall have thirty days to affirm, reverse, or affirm with modifications the Planning and Environmental Commission decision. The appeal hearing shall be held during a regularly scheduled council meeting. The final step in the review process of a major subdivision request, after Planning and Environmental Commission preliminary plan review, is the review of the final plat. At any time within one year after the Planning and Environmental Commission has taken action on the preliminary plan, a final plat shall be submitted to the Town of Vail Community Development Department. The staff shall schedule a final review of the final plat. The final review shall occur at a regularly scheduled Planning and Environmental Commission public hearing. The review criteria for a final plat are the same as those used in reviewing the preliminary plan as contained in Section 13-3 -4 of the Subdivision Regulations. The Town of Vail has the ability to require certain improvements when approving a major subdivision. The following improvements shall be required by the applicant unless otherwise waived by the zoning administrator, Planning and Environmental Commission, or Council: 1 2 3. 4. 5. 6. 7. 8. 9. 10 11 12 13 0 Paved streets and parking lots; Bicycle and pedestrian path linked with the town subdivision itself; Traffic control signs, signals or devices;. Street lights; Landscaping; Water lines and fire hydrants; Sanitary sewer lines; Storm drainage improvements and storm sewers; Bridges and culverts; Electric lines; Telephone lines; Natural gas lines; system and within the Other improvements not specifically mentioned above but found necessary by the Town Engineer due to the nature of the subdivision. B. Land Use Plan 0 The Vail Land Use Plan identifies the land use designation of lots 11 and 12, Block 2, Vail Village 12'h Filing as Public /Semi Public. Tract C, Block 1, Vail Village 12 Filing land use designation was changed to Public /Semi Public and the zoning was changed to General Use as part of this development application. The affordable housing on Tract C is an integral part of the school on Lot 12. The definition for Public Semi - Public is: Public /Semi - Public (PSP): The Public and semi - public category includes schools, post office, water and sewer service and storage facilities, cemeteries, municipal facilities, and other public institutions, which are located throughout the community to serve the needs of residents. The Vail Land Use Plan also identifies several applicable goals on pages 6 -8 of the plan.: 1.7 New subdivision should not be permitted in high geologic hazard areas. 1.12 Vail should accommodate most of the additional growth in existing developed areas. 2.5 The community should improve non -skier recreational options to improve year -round tourism. 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. V. SUROUNDING LAND USES AND ZONING The surrounding land uses and zoning are as follows: North of Site Single family and duplex homes zoned Two Family Residential East of Site: Single family and duplex homes zoned Two Family Residential West of Site: Single family and duplex homes zoned Two Family Residential South of Site Frontage Rd. and 1 -70 Right of Way, Katsos Ranch Open space is on the south side of 1 -70. VI. SITE ANALYSIS Vail Mountain School is located in the General Use Zone District. Pursuant to the Town of Vail Zoning Regulations, the purpose of the General Use Zone District is to: Provide sites for public and quasi- public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in Section 12 -1 -2 of this Title and to provide for the public welfare. The General Use District is intended to ensure that public buildings 6 and grounds and certain types of quasi - public uses permitted in the District are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. (Ord. 21(9 994) § 10). Sections 12 -9C -2 and 12 -9C -3 of the Vail Town Code outline the permitted and conditional uses allowed in the General Use Zone District. Public and private schools and educational institutions are a conditional use in the General Use Zone District subject to the issuance of a conditional use permit. The Agriculture Open Space zone District is outlined in 12 -8A of the Town Code and the Two Family Residential District is in section 12 -6C. Zoning Analysis Lot 12 and Lot 11 Zoning: General Use *All development standards in the GU zone district are prescribed by the Planning and Environmental Commission Lot Size: 7.98 acres (Lot 12 S) or 347,826 sq. ft. Lot 12S &Lot 11 Existing 2000 2002 Proposed Density: n/a n/a n/a Setbacks: Cabin Side /Booth Ck Rd n/a n/a 25' Side /East n/a n/a 162' Front/north n/a n/a 135' School Side /Katsos: 90' 24' 20' Frontage Rd: 76' 76' 25" Side: Booth Creek 358' 358' 370' Rear: 23' 20' 20' Height: 27' 36' 41' Parking: 85 116 100 S ite Coverage: 22,027 sf (8.26 %) 14.1% 16 %/55,804 sq. ft. Landscape 71'%/246296 sq ft Cover Snow Storage 31% for main parking Tract C No defined storage for other parking Floor Area: 20,488 sf 55,390 87,383 Students 261 330 320 Faculty 43 48 48 Zoning: General Use Lot Size: 1.194 acres or 52,010 square feet • 8 Existing (allowed TFR) 2002 Proposed Density: 2 /site Not counted towards density (potential for 3 lots) 6.7 units /acre (Total = 8 EHUs) Setbacks: Side: East 15' 138' Side: West 15' 30' Dear: North 20' 25' Front: South 20' 65' Height: 33' 33' Parking: 2.5 /unit 16 Site Coverage: 20% 9% 14,859 sq ft. Landscape 76 %139,692 Area Floor Area: 738511 lot 8,478 (EHUs excluded from GR1=A) 11,25013 lots of 15,000 total sq ft. • 8 Summary of Entire Project Total Area: 9.18 Acres or 399,837 sq ft. Existinq_ 2000 Approval Proposed Plan Density: n/a 8 EHU's = 4 d.u.'s 8 EHU's = 4 d.u.'s Setbacks: Main School Building Setbacks: Cabin Side /Booth Ck Rd n/a n/a 25' Side /East n/a n/a 162' Front/north n/a n/a 135' School Side /Katsos: 90' 24' 20' Frontage Rd: 76' 76' 25" Side: Booth Creek 358' 358' 370' Rear: 23' 20' 20' Faculty Housing Side: East 138' Side: West 30' Rear: North 25' Front: South 65' Height: 27' 36' 36'- 42' Parking: 85 spaces 116 spaces 116 + 20 for events 0 Site Coverage: 22,027 sf (8.26 %) 37,469 sf (14.1 %) 60,663 sf (15 %)* GRFA: n/a 4,800 square feet n/a Total school 31,990 sf 55,390 sf 95,861 sf Floor Area: E VII. APPLICATION CRITERIA AND FINDINGS A. Criteria for Review Section 13 -3 of the Town of Vail Code provides the criteria by which a proposed major subdivision is to be reviewed. Section 13 -3 -4: Commission Review of Application; Criteria states: The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13 -3 -3C above. The Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, effects on the aesthetics of the Town. 1) Subdivision Control There are two lots being platted as part of this major subdivision request: Lot Zoning Lot Size Frontage Lot General 347,826 sq ft. 950 ft on 12 /1-ot 1 Use the Frontage Rd./680 ft on Booth Creek Rd. Tract General 52,010 sq ft 360 ft on C /Lot 2 Use Frontage Rd 2) Densities Proposed Density does not apply to EHUs or a school. However, the permitted and conditional uses include: The following uses shall be permitted in the GU district: Passive outdoor recreation areas, and open space. Pedestrian and bike paths. (Ord. 21(1994) § 10) M • • The following uses are conditional uses: • district, subject to issuance of a conditional use permit in accordance with • the provisions of chapter 16 of this title: • Child daycare center. • Churches. • Equestrian trails. o Golf courses. • Helipad for emergency and/or community use. • Hospitals, medical and dental facilities, clinics, rehabilitation centers, • clinical pharmacies, and ambulance facilities. • Major arcade. • Plant and tree nurseries, and associated structures, excluding the sale of • trees or other nursery products, grown, produced or made on the premises. • Public and private parks and active outdoor recreation areas, facilities and uses. • Public and private schools and educational institutions. • Public and quasi- public indoor community facility. • Public buildings and grounds. • Public parking facilities and structures. • Public theaters, meeting rooms and convention facilities. • Public tourist/guest service related facilities. • Public transportation terminals. • Public utilities installations including transmission lines and appurtenant equipment. o Seasonal structures or uses to accommodate educational, recreational or cultural activities - • Ski lifts, tows and runs. • Type III employee housing units (EHU) as provided in chapter 13 of this title. • Water and sewage treatment plants. 0 Proximity To Parking Required: The following conditional uses shall be 0 permitted in accordance with the issuance of a conditional use permit, o provided such use is accessory to a parking structure: o Offices. o Restaurants. o Ski and bike storage facilities. 0 Sundries shops. o Tourist/guest service related facilities. o Transit/shuttle services. (Ord. 17(2001) § 2: Ord. 6(2000) § 2: Ord.21(1994) § 10) 3) Regulations Lots 11, 12, and Tract C are zoned General Use. The General Use District requires an approved development plan in conjunction with development on the site. The rezoning is contingent on the Planning and Environmental Commission's approval of the development plan. 4) Ordinances, resolutions and other applicable documents In reviewing this proposal, staff relied upon the Town Code and the Vail Land Use Plan. The issues relating to the Town Code have been addressed previously. IF 5) Environmental Integrity n The Vail Mountain School does have a high severity rock fall hazard and a medium severity debris flow on the northwest corner of the site. The rockfall hazard has been mitigated by the existing rockfall berm. A qualified geologist has concluded that the berm does mitigate the rockfall hazard on all areas of Tract C and Lot 12. The geologist, Dr. Collins, also recommends the construction of a debris flow berm on the northwest corner of the site. A condition of approval is to have this berm constructed in the northwest corner of the site prior to occupancy of the cabin. 6) Compatibility with other adjacent Land Uses Compatibility with adjacent land uses is described above_ The Vail Mountain School has been located on the site since 1979 and has operated harmoniously with the neighborhood. The eight EHUs are consistent in bulk and mass with other adjacent residential uses. In fact their total floor area is less than would be allowed under the current Two Family Residential zoning. 7) Effects Upon the Aesthetics of the Town and Surrounding Land Uses The Vail 'Mountain School and the eight EHUs, will need to comply with all applicable Design Review Board guidelines. There are existing trees that would be removed as the result of the project. Approximately 330 aspens and 40 evergreens. However, the landscape plan helps mitigate that impact. The applicant is proposing to add 445 deciduous trees and 250 evergreen trees to the site as part of the landscaping plan. B. Findings. The following findings are used for a Major Subdivision; That the application is in cornplicnce with the intent and purposes of the Major Subdivision Chapter, the Zoning Ordinance and other, pertinent regulations that the Planning and Environmental Commission deems applicable. 2. That the application is appropriate in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, and effects on the aesthetics of the Town. Vlll. STAFF RECOMMENDATION The Community Development did not receive any additional comments from the various reviewing authorities which were notified of this application as per Title 13 of the Town Code. The Community Development Department recommends that the Planning and Environmental Commission approve the final plat for Vail Mountain School Subdivision, a resubdivision of Lots 11, 12, Tract C, and Katsos Ranch Road, 12 • f�J Vail Village 12"' Filing based upon the criteria evaluated in mentioned above in this memorandum. The recommendation of approval includes the findings mentioned above. In addition to the findings above, staff recommends the following condition: The Vail Town Council will need to approve of the changes in Right -of -way ownership within 60 days of the approval of the final plat. Additional drainage easements required by the Town of Vail Public Works Department be granted by the applicant and recorded with the Eagle County Clerk and Recorder prior to the issuance of a temporary certificate of occupancy for the first phase of construction of the school 13 O O E- E- 1-4 4 u C9- WOZ 4 C) E - );K OWN I N tc di RL OTIJ- , Nvc1 ;j 1 jj:lg 16 1 i Nil :4 A tit t ]" fl] lit -P ib F P;,,Ilik;4 !I A. :aroma- $t oil �11 Nun 1; 1 i's atill.15 11 3 , 1; lR D. , TIP a ip I. II ii hF A- ii� I is ai ID 0 Is :7 t. °a 0 x x C] IH W � A t7 z ¢ a � f. z wQZ PC d E zQ.. �! O �-I z O rH � r � W a t L R^ p Q Pit F `� • � - 3 � la�l I I S 1R L R^ p Q F `� • � - 3 � la�l I I •I � =4 s I Ali I — el 1 • �dyll 1 ^ ; so � I^ ` �li 1 f I kkl 1 I I — I 1 I ! !it -, r q�jig }I d Jf / 7� II �Ai I i E lu I I jigsyyA 1 ip If 5 YyyY c `I gag ^I I I i 2 I+I Ij 0 MEMORANDUM, TO: Planning and Environmental Commission FROM: Department of Community Development DATE: September 23, 2402 SUBJECT: A request for a final review of a final plat for a major subdivision; a request for a final review of a conditional use permit to allow for a private educational institution and development plan approval to construct employee housing; and setting forth details in regards thereto, located at the site known as "Mountain Bell " /an unplatted piece of property, located at 160 N. Frontage Rd. /to be platted as Middle Creek Subdivision. Applicant: Vail Local Housing Authority, represented by Odell Architects Planner: Allison Ochs I. SUMMARY The applicant, the Vail Local Housing Authority, represented by Odell Architects, is requesting a final review of a development plan to allow for the construction of 142 employee housing units; a conditional use permit to allow for the relocation and expansion of the Early Learning Center; and a final review of a final plat for a major subdivision on the site known as Mountain Bell, located at 160 N. Frontage Rd. f to be platted as Middle Creek Subdivision. The Department of Community Development is recommending approval of the applications, in accordance with the findings and conditions as indicated in Section XIII of this memorandum. II. DESCRIPTION OF THE REQUESTS The applicant, the Vail Local Housing Authority, represented by Odell Architects, is requesting approval of three applications: A. A final review of a final plat for a major subdivision to allow for the platting of Middle Creek Subdivision. The subdivision includes Lot 1 (the proposed housing and Early Learning Center); Lot 2 (the existing Mountain Bell tower site); and Tract A (remaining open space). B. A final review of a conditional use permit to allow for a private educational institution (referred to as the Early Learning Center). C. A final review of a development plan to allow for the construction of 142 employee housing units. Ill. BACKGROUND The Mountain Bell site was annexed into the Town of Vail by Ordinance No. 8, Series of 1969. In 1974, as part of an agreement with Vail Associates, Inc., regarding bus service, TOWN OF IAIL � the property was deeded to the Town of Vail. A portion of the site is owned by Qwest and is the site of the Mountain Bell tower. In addition, ABC and Learning Tree schools are located on the site. The remainder of the site is currently open space. On September 24, 2001, the Planning and Environmental Commission reviewed the following requests: A major subdivision, to allow for the platting of the site known as Mountain Bell. The subdivision will be known as "Middle Creek Subdivision," and will consist of Lot 1 (the housing site, known as Middle Creek Village), Lot 2 (the Mountain Bell tower site), and Tract A (the open space parcel). 2. A Land Use Plan amendment, to change the land use designation from "Open Space" to "High Density Residential" of Lot 1, Middle Creek Subdivision. 3. A rezoning, to rezone Lot 1, Middle Creek Subdivision, from "Natural Area Preservation District" to "Housing Zone District ". The Planning and Environmental Commission approved the major subdivision request, and forwarded recommendations of approval to the Town Council for the Land Use Plan amendment and the rezoning request. With Ordinance No. 29, Series of 2001, Town Council approved the rezoning of the site, and with Resolution No. 6, Series of 2001, Town Council approved the Land Use Plan amendment. Both approvals are conditioned upon the filing of the final plat for Middle Creek Subdivision, and the approval of a development plan for the site. 0 This application has been before the Planning and Environmental Commission on numerous occasions over the past few months to discuss the development plan for Middle Creek in a work session format. The applicant is requesting a final review of the proposed development plan for Middle Creek and the conditional use permit for the Early Learning Center. On March 11, 2002, the Planning and Environmental Commission voted 5 -2 (Schofield and Golden against) to table the request for development plan review and the conditional use permit for the Early Learning. Center at Lot 1, Middle Creek Subdivision. On April 8, 2002, the Planning and Environmental Commission and Design Review Board held a joint worksession to review the proposed Middle Creek Mousing Development. At this worksession, the Planning and Environmental Commission and Design Review Board provided specific direction to the applicant regarding the proposed design of Middle Creek. The Planning and Environmental Commission and Design Review Board provided the following summary of their concerns: 1. As proposed, the bulk and mass does not relate to the site, nor is there a relationship or a hierarchy of buildings on the site. 2. As proposed, the surface parking and amount of asphalt is excessive. The resolution to this issue will not involve a reduction in the parking requirement, nor will screening the surface parking be acceptable. Based upon the Planning and Environmental Commission and Design Review Board's April 8, 2002, comments, revised conceptual plans were submitted to the Department of K Community Development and additional meetings with the Planning and Environmental Commission and Design Review Board were scheduled. On April 22, 2002, the Planning and Environmental Commission reviewed conceptual plans for the re- designed Middle Creek development. The Planning and Environmental Commission's comments included the following: 1. Generally, the Planning and Environmental Commission was supportive of the change in design. 2. The massing needs to be broken down on the east and west sides of the structure. 3. It was stated that that more units could be added on the east side of the building to reduce the mass of the building. 4. There were concerns expressed regarding the livability of the project and ensuring that the new design would be attractive to the public and the residents of the project. 5. There is a need to ensure that this project reflects the quality of the community, given its prime location in town. On May 1, 2002, the Design Review Board reviewed conceptual plans for the re- designed Middle Creek development. The Design Review Board's comments included the following: 1. The underground parking is a positive addition, helping greatly to minimize site disturbance. 2. The project is taking on a better presence and identity of its own. 3. Look more at the A Building, specifically with regards to its height and relationship to the Frontage Rd. 4. The plaza and courtyard concept is good and will provide benefits to the residents of the project. The Design Review Board again reviewed conceptual plans for Middle Creek at their June 19, 2002, meeting. In general, the Design Review Board was supportive of the design direction the applicant proposed. On July 8, 2002, the Planning and Environmental Commission reviewed the plans for Middle Creek in a worksession format. In general, the Planning and Environmental Commission was supportive of the design direction the applicant proposed. On August 7, 2002, the Design Review Board conceptually reviewed the submittal for Middle Creek. The Design Review Board's comments focused on two major issues: 1. The east elevation needs additional consideration. Consider stepping it down, so that there are some one- or two- story elements on the east. 2. Building A and Building B appear to be two different architectural styles. Consider making these two buildings more consistent in design. On August 21, 2002, the Design Review Board again conceptually reviewed the proposal for Middle Creek. Generally, they were supportive of the direction that the proposal is moving. However, they expressed concerns regarding the execution of the concept. Specifically, the Design Review Board stated that additional consideration needs to be given to the massing of the individual buildings. They suggested bringing in 3 an independent reviewer to analyze the plans with respect to the Town of Vail's Design Guidelines. This has been done for multiple large projects, including the Vail Plaza Hotel. The report from Winston Associates has been attached for reference. On September 18, 2002, the Design Review Board conceptually reviewed the development plan for Middle Creek. Their comments focused mainly on the bulk and mass, roof forms, scale, and architectural theme of the proposal. Generally, the Design Review Board was encouraged by the changes made by the applicant from the last meeting. While they stated that there is still a lot of work to do with regards to the details of the project, they felt that the proposed bulk and mass were appropriate. IV. ROLES OF THE REVIEWING BODIES A. Development Plan in the Housing Zone District Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for impacts of use /development and then by the Design Review Board for compliance of proposed buildings and site planning, and with the Town's Design Guidelines. Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval /denial of a development plan in the Housing zone district. The Planning and Environmental Commission is responsible for prescribing the following development standards: 0 t . Setbacks, 2. Site Coverage, 3. Landscaping and Site Development, 4. Parking and Loading, 5. Lot area and site dimensions, 6. Building height, 7. Density control (including gross residential floor area). In addition, the Planning and Environmental Commission is responsible for reviewing the application for compliance with the following: i. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. 2. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. 3. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. 51 4. A pedestrian and vehicular circulation system designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. 5. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. 6. Compliance with the Vail Comprehensive Plan and other applicable plans. Design Review Board: Action: The Design Review Board has no review authority on a development plan in the Housing zone district, but must review any accompanying Design Review Board application. The Design Review Board is responsible for evaluating the proposal for: 1. Architectural compatibility with other structures, the land and 2. 3. 4. 5. 40 6: 8. 9. 10. 11. 12. 13. surroundings, Fitting buildings into landscape, Configuration of building and grading of a site which respects the topography, Removal /Preservation of trees and native vegetation, Adequate provision for snow storage on -site, Acceptability of building materials and colors, Acceptability of roof elements, eaves, overhangs, and other building forms, Provision of landscape and drainage, Provision of fencing, walls, and accessory structures, Circulation and access to a site including parking, and site distances, Location and design of satellite dishes, Provision of outdoor lighting, The design of parks. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. 5 B. Conditional Use Permit Planning and Environmental Commission: The Planning and Environmental Commission is responsible for approval /denial of a conditional use permit. The Planning and Environmental Commission is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, . maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of the Town Code. 7. Conformance with development standards of zone district Design Review Board: The Design Review Board has no review authority on a Conditional Use Permit, but must review any accompanying Design Review Board application. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. C. Major Subdivision Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval /denial of a major subdivision. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the compatibility of the subdivision with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Design Review Board: Action: The Design Review Board has no review authority on major subdivisions. Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning and Subdivision Regulations. [: Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. V. APPLICABLE PLANNING DOCUMENTS Town of Vail 7oning Regulations Title 12 Vail Town Code Ordinance No. 29, Series of 2001, approved the rezoning of this site from Natural Area Preservation District to Housing zone district. Pursuant to Section 12 -61 -1, Vail Town Code, the purpose of the Housing zone district is as follows: The Housing District is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zoning districts. It is necessary in this district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in Section 12 -1 -2 of this Title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the District. The Housing District is intended to ensure that employee housing permitted in the District is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. Section 12 -61 -3, Vail Town Code, identifies "public and private schools and educational intuitions, including daycare facilities" as a conditional use in the Housing zone district. For the Planning and Environmental Commission's reference, Section 12 -16 -1, Vail Town Code, identifies the purpose for a conditional use permit as follows: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses fisted as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. 7 Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. 0 Town of Vail Subdivision Regulations Title 13 Vail Town Code Pursuant to Section 13 -1 -2, Vail Town Code, the purpose of the subdivision regulations is as follows: A. Statutory Authority: The subdivision regulations contained in this Title have been prepared and enacted in accordance with Colorado Revised Statutes title 31, article 23, for the purpose of promoting the health, safety and welfare of the present and future inhabitants of the Town. B. Goals: To these ends, these regulations are intended to protect the environment, to ensure efficient circulation, adequate improvements, sufficient open space and in general, to assist the orderly, efficient and integrated development of the Town. These regulations also provide for the proper arrangement of streets and ensure proper distribution of population. The regulations also coordinate the need for public services with governmental improvement programs. Standards for design and construction of improvements are hereby set forth to ensure adequate and convenient traffic circulation, utilities, emergency access, drainage, recreation and light and air. Also intended is the improvement of land records and surveys, plans and plats and to safeguard the interests of the public and subdivider and provide consumer protection for the purchaser, and to regulate other matters as the Town Planning and Environmental Commission and Town Council may deem necessary in order to protect the best interests of the public. C. Specific Purposes: These regulations are further intended to serve the following specific purposes: 1. To inform each subdivider of the standards and criteria by which development proposals will be evaluated, and to provide information as to the type and extent of improvements required. 2. To provide for the subdivision of property in the future without conflict with development on adjacent land. 3. To protect and conserve the value of land throughout the Municipality and the value of buildings and improvements on the land. 4. To ensure that subdivision of property is in compliance with the Town's zoning ordinances, to achieve a harmonious, convenient, workable relationship among land uses, consistent with Town development objectives. 5. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serve the proposed subdivision. n. 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures. 7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard the water table and to encourage the wise use and management of natural resources throughout the Town in order to preserve the integrity, stability and beauty of the community and the value of the land. Town of Vail Land Use Plan The land use designation, according to the Town of Vail Land Use flan, for this site is High Density Residential. The High Density Residential designation is described as follows: The housing in this category would typically consist of multi - floored structures with densities exceeding 15 dwelling units per buildable acre. Other activities in this category would include private recreational facilities, and private parking facilities and institutional/ public uses such as churches, fire stations and parks and open space facilities. The Town of Vail Land Use Plan describes the Mountain Bell site as Tract 35 and states: The Mountain Bell microwave facility and two day care centers are located on a 25 acre site owned by the Town of Vail which is north of 1 -70. A portion of this is site under the microwave facility is owned by Mountain Bell. Part of the entire site in located in an area of medium environmental hazards and should continue to remain in its present use, with possible expansions of the day care centers. It may also be an option for the cemetery, further discussed later. The Vail Land Use Plan includes the following goal statements which staff considers to be applicable to this request: 1.0 General Growth /Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.6 Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. N 1. 12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). • 5.0 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 marketplace 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. Town of Vail Comprehensive Open Lands Plan The Comprehensive Open Lands Plan recommends the following the Mountain Bell Site: Approximately half of the property is intended for affordable housing and the remainder of the site will remain open space. VI. SITE ANALYSIS Zoning: Housing Land Use Plan Designation: High Density Residential Current Land Use: Open Space, Private Educational Institution Lot Area: 6.673 acres / 290,676 sq. ft. Buildable Area: 4.673 ac. / 199,200 so. ft. Hazards: Moderate Debris Flow, Medium Severity Rockfall, Slopes in excess of 40% A complete site analysis is attached for reference. VII. SURROUNDING LAND USES AND ZONING • 10 Land Use Zoning North: USFS land N/A South: CDOT right -of -way N/A East: Open Space Natural Area Preservation District (NAPD) West: Residential High Density Multiple Family (HDMF) Open Space Natural Area Preservation District (NAPD) • 10 Vlll. REVIEW CRITERIA FOR A DEVELOPMENT PLAN IN THE H ZONE DISTRICT The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria: A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. Adjacent uses to the project include the following: • Solar Vail — a multiple - family housing project currently zoned High Density Multiple Family. • Tract C, Vail Potato Patch — an open space tract currently zoned Natural Area Preservation District. • Parcel B, Spraddle Creek Ranch — an open space tract currently zoned Natural Area Preservation District. This property is adjacent to Lot 1. • 1 -70 Right -of -Way — land owned by CDOT but located within Town of Vail boundaries. As a road right -of -way, there is no zoning on the property. This property is adjacent to Lot 1. • White River National Forest land owned by the United States Forest Service outside of the Town of Vail boundary. . The applicant has described the architectural character of the proposed development as "European Hillside Village." The primary characteristics of this architectural character include the following: • Strong vertical elements • Timelessness of materials • Feeling that the buildings developed over time • Vertical stepping of buildings • Irregular window placement • Simplicity of design • Focus on roof torms • Structures cascading down the hillside While the Planning and Environmental Commission and Design Review Board have been supportive of this general design philosophy, both Boards expressed a belief that the translation seemed to be lost in previous designs. Specifically, the exterior horizontal walkways, the lack of stepping of the buildings, the contemporary materials and design, and the roof planes did not seem consistent with the "European Hillside Village" concept. The Planning and Environmental Commission and the Design Review Board have struggled with this issue in the last few meetings. The Design Review Board requested that staff retain the services of an independent consultant to review the proposal for Middle Creek, with specific reference to architecture, character, scale, massing and orientation. A report from Jeff Winston, of Winston Associates, has been attached for reference. The report looked at the following categories: 11 1. Appropriateness of the original concept. 2. Did the plan carry out the original concept? 3. Overall assessment of the revised plan. The report from Jeff Winston states that he believes the concept of a "Eurpoean Hillside Village" is appropriate for the site. Specifically, he states: 1 feel that the original decision of the Planning and Environmental Commission to support that direction was reasonable. The vertical massing of the buildings, and stucco exterior appear to be a reasonable response to the steep site, coupled with the challenge of maintaining affordability. No, it is not Tyrolean like Vail Village. However, as one approaches Vail from east or west there are many buildings along 1 -70 that are not particularly Tyrolean, especially the buildings north of 1 -70. Yet, they are all part of the Vail backdrop. Many of these buildings are vertical in nature, and have large stucco components — 1 do not think the Middle Creek project will appear to be out of place. Jeff Winston lists the following components of the previous design that were not consistent with the "European Hillside Village" concept: • Horizontal balcony walkways • Exterior flat panels • Horizontal stepping of buildings • Vertical stepping of buildings • Roofs • Window placement • Materials • Building C courtyard • Building B courtyard The architect and developer worked closely with Jeff Winston to develop solutions to the issues listed above. Additional stair towers were added to Building A, to eliminate as many exterior stairways as possible. An additional stair tower was added to Building C to hide the exterior walkways and the exterior walkways were eliminated from the south elevaJon of Building B. The exterior flat panels were removed where possible, and 5 ft. returns were added on the ones that remain. Jeff Winston recommends enclosing the stairways entirely, which staff believes will be further reviewed by the Design Review Board. The applicant has revised the horizontal and vertical stepping of the buildings was achieved through multiple methods. On Building A, additional stair towers have been proposed to create more horizontal movement. It is important to note that the additional stair towers are located within the 20 ft. front setback. • • The stepping of buildings has also occurred on Building B, through the elimination of a crawl space. The stepping on Building C occurred above the parking garage and on the southeast corner, where one two - bedroom unit was eliminated (a studio was added to Building A) and one three - bedroom unit was changed to a two - bedroom unit. 0 Staff believes that the applicant has effectively addressed the general issues which were identified by the Design Review Board, the Planning and Environmental 12 Commission, staff, and Winston Associates in regards to architecture, character, scale, massing, and orientation. However, staff believes that with a development of this size and mass, the proposal only works if the applicant can successfully execute the details of the Design Guidelines of the Town of Vail. Title 14, Vail Town Code, provides the Design Guidelines of the Town of Vail. Staff believes that the following guidelines must be addressed by the applicant, to the satisfaction of the Design Review Board: C. Building Materials and Design: Predominantly natural building materials shall be used within the Town of Vail. The exterior use of wood, wood siding, wood shingles, native stone, brick, concrete, stucco, and EfFS may be permitted. Concrete surfaces, when permitted, shall be treated with texture and color, however, exposed aggregate is more acceptable than raw concrete. The exterior use of stucco or EIFS with gross textures or surface features that appear to imitate other materials shall not be permitted. The exterior use of simulated stone or simulated brick shall not be permitted. The exterior use of aluminum, steel, plastic or vinyl siding that appears to imitate other materials shall not be permitted. The exterior use of plywood siding shall not be permitted. The exterior use of any building material, including those not specifically identified by this Section, shall only be permitted, unless otherwise prohibited by this Code, where the Design Review Board finds: a. that the proposed material is satisfactory in general appearance, architectural style, design, color, texture, and quality over time; and, b. that the use of the proposed material complies with the intent of the provisions of this Code, and, c. that the use of the proposed material is compatible with the structure, site, surrounding structures, and overall character of the Town of Vail. 4. The majority of roof forms within Vail are gable roofs with a pitch of at least four feet (4) in twelve feet (12'). However, other roof forms are allowed. Consideration of environmental and climatic determinants such as snow shedding, drainage, and solar exposure should be integral to the roof design. 5. Roof lines should be designed so as not to deposit snow on parking areas, trash storage areas, stairways, decks and balconies, or entryways. Secondary roofs, snow clips, and snow guards should be utilized to protect these areas from roof snow shedding if necessary. 9. Deep eaves, overhangs, canopies, and other building features that provide shelter from the elements are encouraged. 13 10. Fenestration should be suitable for the climate and for the orientation of the particular building elevation in which the fenestration occurs. The use of both passive and active solar energy systems is strongly encouraged. To summarize, staff believes that the building design with respect to architecture, character, scale, massing, and orientation is compatible with the site, adjacent properties, and the surrounding neighborhood. However, if the applicant cannot address the concerns of the Design Review Board with respect to the Design Guidelines, the bulk and mass must be re- evaluated by the Planning and Environmental Commission. B. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. Staff believes that the uses proposed for the site are compatible with the site, the neighborhood, and the community as a whole. Specifically, the Early Learning Center provides a much- needed service to the community and staff believes maintaining this use on the site is a benefit of the development plan. In addition, staff believes that housing on this site is a compatible use with the site, the neighborhood and the community as a whole. The proximity to the Village and Lionshead, the availability of alternate modes of transportation (including bus, pedestrian, bicycle), the proximity of recreational areas, etc., make this a favorable location for employee housing. In addition, staff believes that the separation of the Early Learning Center and the housing component are a positive element of the development plan. Previous prcposals have mixed the parking for both uses, and staff believes that the current separation of the Early Learning Center and the housing is more appropriate for the site. The re- design of Buildings A and B have lead to changes in the site plan. Specifically, the new stair towers at Building A are located 15 ft. and 10 ft. from the front property line. As the addition is limited to stair towers, which staff believes to be a positive design solution to minimize exterior horizontal balcony walkways, staff believes this encroachment to be appropriate. On Building B, exterior walkways at ground level have been partially enclosed, encroaching 2 ft. into the 20 ft. front setback. The Early Learning Center is approximately 18 ft. from the front property line. Surface parking occurs within the rear 20 ft. setback, within 2 ft. of the Qwest property, and in the front 20 ft. setback by the Early Learning Center. In the Housing zone district, the Planning and Environmental Commission can allow encroachments into the 20 ft. setback, subject to the following findings: A. Proposed building setbacks buildings and riparian areas, environmentally sensitive areas provide necessary separation between geologically sensitive areas and other a Proposed building setbacks will provide adequate availability of light, air and open space. 14 • C. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. D. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. Staff believes that the proposed setbacks meet the above criteria. The proposed setbacks provide adequate light, air, open space, and are compatible with buildings and uses on adjacent property. In addition, staff believes that the proposed setbacks area a result of creative design solutions which have lead to a more functional development plant. To summarize, staff believes that the buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. The proposed limits of disturbance for the west portion of the property keeps development out of the riparian corridor and protects the existing Middle Creek. Staff believes that this is a benefit of the development. In addition, more trees at the entrance to the development are retained than were retained by the previous proposal. The setbacks for the housing have been maintained at 20 ft., allowing for additional landscaping and berming to screen the uses than the previous design allowed. A recreation area of approximately 4,250 sq. ft. has been proposed. This recreation area is adjacent to Building C and has greater exposure to the sun than the previous recreation area proposal. Staff believes that this criterion has been met. D. A pedestrian and vehicular circulation system designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. Staff believes that the proposed vehicular circulation system is successful solution to access a difficult site. When possible, the existing circulation system is used to access the uses on the site. Staff believes that the proposed vehicular circulation system provides a safe, efficient, and aesthetically pleasing circulation to the site and throughout the development. In addition, the proposed bike and pedestrian path along the Frontage Road will provide access to the Main Vail Roundabout for the residents of Middle Creek. Staff believes that this is a positive benefit of the proposed circulation system. 15 Staff believes that the proposed bus stop and bus circulation pattern into the site is a positive element of the proposed design. Pursuant to Section 12 -61 -8, Vail flown Code, development within the Housing zone district, the parking requirements are as outlined in Chapter 12 -10, Vail Town Code. However, the Housing zone district does allow for a reduction in the number of required parking spaces, subject to Planning and Environmental Commission review and approval of a parking management plan. Section 12 -61 -8: Parking and Loading, Vail Town Code, states: Off - street parking shall be provided in accordance with Chapter 10 of this Title. No parking or loading area shall be located within any required setback area. At the discretion of the Planning and Environmental Commission, variations to the parking standards outlined in Chapter 10 may be approved during the review of a development plan subject to a Parking Management Plan. The Parking Management Plan shall be approved by the Planning and ,Environmental Commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than Chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit. 0 C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. The allocation of parking spaces is based on dwelling unit size. Chapter 12 -10, Vail Town Code, requires 1.5 parking spaces for units less than 500 sq. ft.; 2 parking spaces for units 500 to 2000 sq. ft.; and 2.5 parking spaces for units over 2000 sq. ft. As proposed, the parking requirement would be as follows: Number and Type of Unit Parking ratio Total Spaces 45 studio units 1.5 67.5 29 one - bedroom units 1.5 43.5 24 two - bedroom units 2 48 44 three - bedroom units 2 88 Total 247 The applicant is proposing 269 parking spaces for the entire development site. The applicant is proposing 247 parking spaces for the proposed housing, meeting the parking requirement, as prescribed by Chapter 12 -10, Vail Town Code. The remaining 22 spaces are for the Early Learning Center. However, the applicant is proposing a deviation to the parking requirement for the size of the parking spaces. As currently proposed, the parking spaces are configured as follows (housing only): i[ 140 tandem spaces (56.7 %Q) 107 single spaces (43.3 %) 77 compact spaces (31%) 25% is allowed by the Town Code 167 full -size spaces (69 %) 211 covered spaces (85 %) 36 surface spaces (115 %) Previously, the applicant proposed to enclose 78% of the proposed parking. With this current submittal, the applicant is proposing to enclose 85% of the parking. Staff believes that this is an appropriate percentage of enclosed parking for this site. The remaining surface parking must be screened with site walls, berms, or landscaping. Staff also believes that, while the tandem parking spaces are not necessarily convenient for the residents, the number of tandem spaces is appropriate. The alternative would be to provide additional surface parking to eliminate the need for tandem space, and staff believes that this would be detrimental to the design of the site. The parking for the Early Learning Center is discussed in Section X of this memorandum. The applicant has provided a parking management plan which is attached for reference. Should the Planning and Environmental Commission choose to approve the proposed development plan, this parking management plan shall be included as part of the approval. Staff believes that the pedestrian and vehicular circulation system has been designed to provide safe, efficient, and aesthetically pleasing circulation to the site and throughout the development. E. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. The Environmental impacts and environmental impact report have been discussed in previous memos. Please refer to the staff memorandum dated August 12, 2002. The Hazard Reports have been updated for the current development plan. The reports indicate major changes from the previous reports. Specifically, the previous debris flow hazard mitigation previously included a mitigation wall adjacent to the creek. However, the report by Church and Associates, Inc., dated September 13, 2002, states the following; A deflection wall and soil berms were originally envisioned as the mitigation scheme for the project. However, after conducting field work, we believe there is a substantial risk that a Booth Creek type event could result in a plugged channel between the wall and the steep hillside to the north, and a later flow could overtop the dam and flow southwards towards the site. iAnother viable alternative is to individually protect each structure on the fan that is subject to a debris flow hazard by designing structures to resist the 17 forces of a debris flow. Based on our understanding of the project objectives and constraints, we believe the best course of action will be to protect the individual structures. The report states that the north wall of Building A and the west wall of Building C should be designed to resist forces from a potential debris flow event. The applicant has revised the north wall of Building A, incorporating the required 6 ft. mitigation as the north wall of the building. Staff believes that this is an acceptable solution to the hazard mitigation. The report also considers the rockfall hazard, which potentially effects Building C and the Early Learning Center. The report states that formal rockfall protection measures are not necessary, but that the developer should scale loose rocks from the slopes above Building C and the Early Learning Center during construction to reduce the risk for cosmetic damage. To summarize, staff believes that the environmental impacts resulting from the proposal have been identified and all necessary mitigating measures have been implemented as a part of the proposed development plan. F. Compliance with the Vail Comprehensive Plan and other applicable plans. The Town of Vail Land Use Plan contains goals which staff considers to be applicable to this request. The applicable goals include: 1.0 General Growth /Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.6 Development proposals on the hillsides should be evaluated on a case by case basis. limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5.0 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. 40 • 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 marketplace 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. Staff believes that the proposal is furthering the goals of the Town of Vail Land Use Plan by providing housing for employees. In addition, the proposal includes a variety of unit sizes, ranging from studio units to three - bedroom units. Proposed development has not encroached into the 40% slopes on the site, nor has it encroached into the riparian corridor along diddle Creek. The Comprehensive Open Lands Plan identifies the Mountain Bell Site as "approximately half of the property is intended for affordable housing and the remainder of the site will remain open space." The Comprehensive Open Lands Plan is intended to identify and recommend actions for the protection of sensitive land and open space, not as a guide for development of other properties. Staff believes that the proposal is in compliance with the Comprehensive Open Lands Plan, which identified a portion of this site for affordable housing. The Town of Vail Land Use Plan provides a land use designation for this site as High Density Residential. The High Density Residential designation is described as follows: The housing in this category would typically consist of multi - floored structures with densities exceeding 15 dwelling units per buildable acre. Other activities in this category would include private recreational facilities, and private parking facilities and institutional / public uses such as churches, fire stations and parks and open space facilities. The Vail Land Use Plan describes the Mountain Bell site as Tract 35 and states: The Mountain Bell microwave facility and two day care centers are located on a 25 acre site owned by the Town of Vail which is north of 1 -70. A portion of this site under the microwave facility is owned by Mountain Bell. Part of the entire site in located in an area of medium environmental hazards and should continue to remain in its present use, with possible expansions of the day care centers. It may also be an option for the cemetery, further discussed later. The potential use of this site as employee housing was not considered at the time of adoption of the Vail Land Use Plan. However, the Town Council and the Planning and Environmental Commission voted to amend the land use designation for this site from Open Space to High Density Residential, based on Staff believes the proposal to be in compliance with other applicable plans. 19 the need to for employee housing. the Vail Comprehensive Plan and X. REQUIRED CRITERIA AND FINDINGS - CONDITIONAL USE PERMIT In addition to the request for development plan approval as required by the Housing zone district, the applicant is requesting a conditional use permit for the relocation of the Early Learning Center to the eastern portion of the site. Schools, including day cares, are a conditional use in the Housing zone district. According to Section 12 -16 -1, Vail Town Code: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. A. CONSIDERATION OF FACTORS: 1. Relationship and impact of the use on the development objectives of the Town. The Vail Land Use Plan identifies the following goals with regards to community services: 6.0 Community Services 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. In addition, the Vail Land Use Plan states that this site is to be used for the future expansion of the ABC and Learning Trees Schools. Staff believes that this use is important to the Town of Vail and will have a positive impact on the Town. These schools provide a valuable service to the members of the community. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities heeds.. io Staff believes that the relocation and expansion of the Early Learning Center on this site is a benefit to the Town. According to the summary provided by the applicant, the Early Learning Center will provide early learning services for 60 preschool age children, with 12 to 15 full -time staff members, and 2 part-time staff members. The Early Learning Center has approximately 4,630 sq. ft. of floor area, and includes a 4,103 sq. ft. outdoor play area. Staff believes that it is beneficial to have this use located on this site, which is centrally located in the Town of Vail. An important consideration in the review of this conditional use permit is the possibility for future expansion. Due to the amount and location of the parking, the proximity of the building to its property line, and the amount and location of play area, future expansion possibilities are limited. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. The applicant has proposed 22 parking spaces for the Early Learning Center. Parking for uses not specifically listed in Chapter 12 -10, Vail Town Code shall be determined by the Planning and Environmental Commission. A memo has been attached from the applicant which explores the parking requirements of other communities. The municipalities of Boulder, Denver, and Lakewood, these municipalities would require 18 spaces. In addition, staff has reviewed parking requirements as outlined in "Off- Street Parking Requirements" Planning Advisory Service Report Number 432. Some of the sample parking requirements noted in this report include the following: Aurora, CO — two spaces for each three teachers and one off- street passenger loading place for every eight pupils. With the proposed Early Learning Center, Aurora would require 18 spaces. Orange County, CA — one space per staff member, and one space per five students. With the proposed Early Learning Center, Orange County would require 27 spaces. The Public Works Department has done traffic counts at the Early Learning Center and has found that at times there are more than 25 cars at the existing facility to drop off children. The Planning and Environmental Commission sets the parking requirement for uses not listed in Chapter 12-10 of the Town Code. Some communities have extensive requirements regarding access and parking. Specifically, St. Louis County, MO, requires the following: Two spaces, plus one space for every employee on the maximum shift; a paved unobstructed pick -up space with adequate stacking area (as determined by the Department of Planning) shall be provided in addition to standard driveway and parking requirements, or one space for every six children; a safe 2.1 pedestrian walkway system (as approved by the Department of Planning) through parking areas to the building entrance, with a safety zone a minimum of 15 feet in width between parking spaces and the front of the building entrance, shall be provided in addition to standards driveway and parking requirements. The applicant has provided area for snow storage which meets the Town regulations, which state that an area equaling 30% of the paved area be provided for snow storage. Staff believes that the provision of the 5 "live" parking spaces at the entrance to the Early Learning Center will improve both vehicular and pedestrian circulation into the Early Learning Center. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Staff believes that the use is appropriate for the character of the surrounding area. The maximum height of the Early Learning Center is at 26 ft. The building is 2 -story building, which staff believes is appropriate given the heights and mass of the adjacent employee housing. The proposed Early Learning Center is located 20 ft. from the side property line, and 18 ft. from the front property line. While the Housing zone district allows deviations from the 20 ft. setback, subject to review by the Planning and Environmental Commission, staff has concerns regarding the ability to buffer the building and the play area with adequate landscaping. This buffering is important when considering the noise level from 1 -70. The Vail Mountain School has recently installed an air - conditioning system because the windows of the classrooms cannot be open during class because of noise issues. Staff recommends that a landscaping and sound berm, which will include large trees, be included in the landscaping plan for the Early Learning Center. Because the play area is located up to the property line, there is limited room for landscaping on the applicant's property. As proposed, landscaping is located on the CDOT right -of -way. CDOT allows trees that are 4 "+ in caliper to be planted within their right -of -way, provided that no trees are planted within 30 feet from the edge of the road. B. FINDINGS The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public 22 health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. XI. MAJOR SUBDIVISION A. GENERAL OVERVIEW OF A MAJOR SUBDIVISION Title 13, Subdivision Regulations, of the Vail Town Code establishes the review process and criteria for a major subdivision proposed in the Town of Vail. Pursuant to Chapter 13 -3 (Major Subdivision) of the Vail Town Code, the first step in the review process is for the applicant to meet with a Town Planner to discuss the preliminary plan. Staff has met with the applicant on several occasions to discuss the proposal and address submittal requirements. Staff feels the applicant has successfully complied with the initial step in the review process. The Town of Vail is required to notify the following agencies that a major subdivision is proposed and that preliminary plans are available for review: a. Department of Public Works. b. Town Fire Department. C. Town Police Department. . d. e. Public Service Company of Colorado. Holy Cross Electric Association. f. U.S. West g. Cablevision company serving the area. h. National Forest Service. i. Eagle River Water and Sanitation District. j. Vail Recreation District. k. Eagle County Ambulance District. 1. Other interested agencies when applicable. The next step in the review process shall be a formal consideration of the preliminary plan by the Town of Vail Planning and Environmental Commission. The applicant shall make a presentation to the Planning and Environmental Commission at a regularly scheduled meeting. The presentation and public hearing shall be in accordance with Section 12 -3 -6 Vail Town Code. The applicant's appearance before the Planning and Environmental Commission on September 24, 2001, meets this public hearing and presentation requirement. The burden of proof that the application is in compliance with the intent and purposes of the Zoning Code and other pertinent regulations shall lie upon the applicant. In reviewing the preliminary plan, the Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to: 1. Subdivision Control; 23 2. Densities proposed; 3. Regulations; 4. Ordinances, resolutions and other applicable documents; 5. Environmental Integrity; 6. Compatibility with surrounding land uses; and 7. Effects upon the aesthetics of the Town and surrounding land uses. The Planning and Environmental Commission shall have twenty -one days from the date of the review of the preliminary plan to approve, disapprove or approve with conditions or modifications, the major subdivision request. Within ten days of making a decision on the request, the staff shall forward the Planning and Environmental Commission's decision to the Vail Town Council. The Council may appeal the Planning and Environmental Commission's action. The appeal must be placed within seventeen days of Planning and Environmental Commission's action. If the Council appeals the Planning and Environmental Commission's action, the Council shall hear substantially the same presentation by the applicant as was heard at the Planning and Environmental Commission public hearing. The Council shall have thirty days to affirm, reverse, or affirm with modifications the Planning and Environmental Commission decision. The appeal hearing shall be held during a regularly scheduled council meeting. The final step in the review process of a major subdivision request, after Planning and Environmental Commission preliminary plan review, is the review of the final plat. At any time within one year after the Planning and Environmental Commission has taken action on the preliminary plan, a final plat shall be submitted to the Town of Vail Community Development Department. The staff is shall schedule a final review of the final plat. The final review shall occur at a regularly scheduled Planning and Environmental Commission public hearing. The review criteria for a final plat are the same as those used in reviewing the preliminary plan as identified in Section 13 -3 -4 of the Subdivision Regulations. According to Section 13 -3 -9: Commission Action; Public Hearing: The Planning and Environmental Commission shall review the final plat and associated material and information and shall approve, approve with modifications, or disapprove the plat within twenty one (21) days of the public hearing on the final plat of the subdivision or the final plat is deemed approved. A longer time period for rendering a decision may be granted subject to agreement between the applicant and the Planning and Environmental Commission. The Town of Vail has the ability to require certain improvements when approving a major subdivision. The following improvements shall be required by the applicant unless otherwise waived by the zoning administrator, Planning and Environmental Commission, or Council: 1. Paved streets and parking lots; 2. Bicycle and pedestrian path linked with the town system and within the subdivision itself; 3. Traffic control signs, signals or devices; 4. Street lights; 5. Landscaping; 24 6. Water lines and fire hydrants; 7. Sanitary sewer lines; 8. Storm drainage improvements and storm sewers; 9. Bridges and culverts; 10. Electric lines; 11. Telephone lines; 12. Natural gas lines; 13. Other improvements not specifically mentioned above but found necessary by the Town Engineer due to the nature of the subdivision. B. REVIEW CRITERIA FOR A MAJOR SUBDIVISION Chapter 13 -3, Vail Town Code provides the criteria by which a proposed major subdivision is to be reviewed. Section 13 -3 -4: Commission Review of Application, Criteria, Vail Town Code states: 1. • The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13 -3 -3C above. The Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, effects on the aesthetics of the Town. Subdivision Control There are three lots being platted as part of this major subdivision request: Lot Zoning Lot Size Buildable Area Frontage Lot 1 Housing 6.673 ac. 4.573 ac. 1,145.75 ft. 290,676 s . ft. 199,200 s . ft. Lot 2 General Use 1.096 ac. Not applicable Via 40 ft. 47,742 s . ft. easement Tract A Natural Area 17.226 ac. =ft. plicable 1,545.02 ft. Preservation 750,365 s . Lot 1, Middle Creek Subdivision: Lot 1 is zoned Housing zone district. According to Section 12- 61 -10: Other Development Standards, Vail Town Code: Prescribed By Planning and Environmental Commission: In the H District, development standards in each of the following categories shall be as proposed by the applicant, as prescribed by the Planning and Environmental Commission, and as adopted on the approved development plan: 25 A. Lot area and site dimensions. B. Building height. C. Density control (including gross residential floor area). Therefore, the Planning and Environmental Commission shall prescribe the minimum lot size and frontage requirements. Staff believes that the lot size of 290,675.9 sq. ft. and the frontage of 1,145.75 ft. are appropriate for this subdivision. Lot 2, Middle Creek Subdivision Lot 2 will remain zoned General Use. According to Section 12 -9C -5: Development Standards, Vail Town Code: Prescribed By Planning And Environmental Commission: In the General Use District, development standards in each of the following categories shall be as prescribed by the Planning and Environmental Commission: 1. Lot area and site dimensions. z. Setbacks. 3. Building height. 4. Density control. 5. Site coverage. 6. Landscaping and site development. 7. Parking and loading. Therefore, the Planning and Environmental Commission shall prescribe the minimum lot size and frontage requirements. Staff believes that the lot size of 47,741.8 sq. ft. is appropriate for this subdivision. The frontage proposed for Lot 2 is via an existing platted access easement, which is 40 ft. in width Generally, the minimum frontage requirement within the Town of Vail varies from 30 ft. (residential zone cicstricts) to 100 ft. (higher intensity commercial zone districts). Staff believes that given the current access and use of the site, the 40 ft. access easement provides acceptable access to the site. Staff believes that the intent of the frontage requirement has been met and no frontage requirement is necessary. Tract A, Middle Creek Subdivision Tract A will remain zoned Natural Area Preservation District. There are no minimum lot size or frontage requirements in the Natural Area Preservation District. Staff believes that the configuration of Tract A is appropriate for this subdivision. 2. Densities Proposed The proposed Middle Creek development will be clustered on Lot 1, which is 6.7 acres. No additional development is proposed on Lot 2 or Tract A at this time. 0 W Lot 1, 'Middle Creek Subdivision Lot 1 is zoned Housing zone district, with a land use designation of High Density Residential, as approved in 2001 by the Planning and Environmental Commission and Town Council. The density allowed in the Housing zone district is prescribed by the Planning and Environmental Commission. The applicant is currently proposing 142 dwelling units on Lot 1. This is approximately 31 dwelling units per buildable acre and 21 dwelling units per gross acre. For comparison, the density allowed in Lionshead Mixed Use 1 is 35 dwelling units per acre; and 25 dwelling units per buildable acre in the High Density Multiple Family zone district. The land use designation of High Density Residential states that density in this designation would exceed 15 units per buildable acre. Staff believes that this density is appropriate for this subdivision, provided that in the proposed development meets the requirements of the Housing zone district. According to Section 12 -61 -1: Purpose, Vail Town Code: The housing district is intended to provide adequate sites for employee housing which, because of the mature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zoning districts. It is necessary in this district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in section 12 -1 -2 of this title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The housing district is intended to ensure that employee housing permitted in the district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. Staff believes that the proposed density is appropriate for this site beueuse it is compatible with surrounding uses. However, this density ensures that development on this site will be extremely complicated. This will lead to structures which are large in scale. Density of this magnitude must be tempered with good design. This proposal also addresses the demand for employee housing that the Town has identified as a critical need. Lot 2, Middle Creek Subdivision Lot 2 is zoned General Use zone district, with a land use designation of Public/Semi- Public. No dwelling units are proposed on Lot 2. The only allowable dwelling units in the General Use zone district are Type III employee housing units. 0 Tract A, Middle Creek Subdivision 27 3 Tract A is zoned Natural Area Preservation zone district, with a land use designation of Open Space. Pursuance to Chapter 12 -8, Vail Town Code, no dwelling units are permitted in the Natural Area Preservation [district. Regulations Lot 1, Middle Creek Subdivision Lot 1 is zoned Housing zone district. The Housing zone district regulations have been attached for reference. Pursuant to Section 12 -61- 11, Vail Town Code, any development within the Housing zone district requires an approved development plan. Lot 2, Middle Creek Subdivision Lot 2 will remain zoned General Use. The existing use of the property as a public utility installation will continue. Any changes in use require an amendment to the approved development plan, subject to approval by the Planning and Environmental Commission. The General Use zone district regulations have been attached for reference. Tract A, Middle Creek Subdivision Tract A will remain zoned Natural Area Preservation District. The Natural Area Preservation District regulations have been attached for reference. 4. Ordinances resolutions and other applicable documents The Vail Town Code and the Vail Land Use Plan are the applicable documents for review of this proposal. The issues relating to the Vail Town Code have been addressed previously in this memorandum. The Vail Land Use Plan contains goals which staff considers to be applicable to the major subdivision r :quest. The applicable goals include: 1.0 General GrowthlDevelopment 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1,6 Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from MR the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.7 New subdivisions should not be permitted in high geologic hazard areas. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5.0 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 marketplace demands for a full range of housing types. 5. Environmental Integrity According to the Town of Vail hazard maps, Middle Creek Subdivision is located within a Medium Severity Rockfall hazard and Moderate Hazard Debris Flow. Updated hazard reports have been attached for reference. The hazard mitigation has changed dramatically from the previous proposal. The report recommends that individual buildings be protect, rather than mitigation occurring adjacent to the creek. As prohibited by Chapter 12 -21 of the Town Code, no development will be permitted on slopes greater than 40 %. The lots have been configured to minimize the area of 40% slopes on Lot 1. An Environmentai Impact Report has been completed by Stewart Environmental Consultants, Inc., and has been attached for reference. The report states that while the proposed development of Lot 1 will have an impact on plant and animal communities presently inhabiting the property, the loss of the 6.5 acres does not represent a significant impact to plant and animal communities. The report recommends that all trash dumpsters need to be made bear -proof and exterior lighting will need to be minimized. The report additionally states that the impact to Middle Creek could include runoff from paved parking areas. A drainage study has also been included. The drainage report has been completed by Peak Civil Engineering, Inc., which is attached reference. The drainage study states that runoff from the proposed development will follow existing drainage patterns. A traffic study has been attached for review. The study states that the traffic generated by the proposal will be less than most apartment complexes of comparable size, due to the proximity to other modes of transportation. 29 XII. 6. Compatibility with Surrounding Land Uses Adjacent land uses to the entire Middle Creek Subdivision include the following: Solar Vail — a multiple - family housing project currently zoned High Density Multiple Family. Tract C, Vail Potato Patch — an open space tract currently zoned Natural Area Preservation District. Parcel B, Spraddle Creek Ranch — an open space tract currently zoned Natural Area Preservation District. This property is adjacent to Lot 1. 1 -70 Right -of -Way — land owned by CDOT but located within Town of Vail boundaries. As a road right -of -way, there is no zoning on the property. This property is adjacent to Lot 1. White River National Forest — land owned by the United States Forest Service outside of the Town of Vail boundary. Staff believes that the subdivision is compatible with surrounding land uses. 7. Effects Upon the Aesthetics of the Town and Surrounding Land Uses The existing Mountain Bell tower and structure will not change with this application. Approximately 17 acres will remain open space. Lot 1 will be developed within the parameters of the Housing Zone District. According to Section 12- 61 -11: Development Plan Required: Compatibility With Intent: To ensure the unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development in the Housing District will meet the intent of the District, a development plan shall be required The review of the development plan for the site by the Planning and Environmental Commission and the Design Review Board include considerations regarding aesthetics. Approval of a development plan in the housing zone district requires that the Planning and Environmental Commission find that: Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties, and the surrounding neighborhood. The Design Review Board has reviewed the proposed development plan on numerous occasions to ensure compliance with the Town of Vail Design Guidelines. STAFF RECOMMENDATION A. Development Plan in the Housing Zone District The Department of Community Development recommends that the Planning and Environmental Commission approve the applicant's request for development plan approval. Staff's recommendation is based upon the review of the criteria in • Section VIII of this memorandum and the evidence and testimony presented, subject to the following findings: 1. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. 2. Proposed building setbacks will provide adequate availability of light, air and open space. 3. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. 4. 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. 5. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. 6. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. 7. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. 8. A pedestrian and vehicular circulation system designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. 9. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. 10. Compliance with the Vail comprehensive plan and other applicable plans. 11. The deviations to the parking requirement as outlined in Chapter 12 -10, Vail Town Code, specifically regarding the number of compact spaces and tandem spaces, are acceptable and the Parking Management Plan will provide for adequate parking on the site. Should the Planning and Environmental Commission choose to approve the request, staff recommends the following conditions: 31 1. Prior to application for a building permit the developer shall enter into a Developer Improvement Agreement with the Town of Vail to construct the following off -site improvements: A. The North Frontage Road must be widened to accommodate a left - turn lane. The current lane configuration shall be improved as follows (from North to South): 2.5' concrete curb and gutter, 6' asphalt shoulder, 12' westbound lane, 1.6' left turn lane, 12' eastbound lane, 6' asphalt shoulder, 2' gravel shoulder. All widened areas shall be constructed with a full depth pavement designed by an engineer. A complete 2" asphalt overlay will be required between the east (Main Vail Roundabout) and west road construction limits. All lane tapers shall meet the requirements of C -DOT. Guardrail shall be installed on the south side of the Frontage as required by C -DOT B. The 2.5' concrete curb and gutter shall match the existing curb and gutter at the North Main Vail Roundabout and extend to the western most limits of the road construction. C. A 10' wide, 6" thick concrete pedestrian /bicycle path shall be constructed from the North Main Vail Roundabout to the western most limits of the road construction. D. The existing concrete box culvert that carries Middle Creek beneath the Frontage Road shall be extended to accommodate both the road 40 improvements and the extension of the pedestrian path. A debris guard shall also be installed. E. A storm sewer drainage system shall be constructed, including inlets, storm sewer pipe, manholes, ditches, etc., as designed by an engineer, to adequately convey all 25 -year storm run off in the area. F. Street lighting shall be designed and installed along the frontage road, and at a minimum placed at all intersection points. G. All necessary grading and revegetation shall be completed within the construction limits by the developer. H. The Town of Vail Public Works Department and C -DOT must approve all improvements. I. All proposed grading located off the subject property must be approved by the adjacent property owner. 2. As part of the final submittal for Design Review Board approval, the following additional information shall be submitted to the Department of Community Development: A. Retaining wall profiles and details. B. Final hazard mitigation plans and details. C. Final drainage study and design. (1:20 scale) D. Pavement design sections. 32 E. Final grading plans and details. (1:20 scale) F. All necessary easements including, drainage, pedestrian and an easement for the Town bus stop and area. 3. Prior to application for a building permit the developer shall submit a Design Review Board application, detailed final landscape plan, and final architectural elevations for review and approval of the Town of Vail Design Review Board. 4. Prior to application for a building permit the developer shall submit a construction phasing plan for review and approval by the Department of Community Development and the Department of Public Works for all improvements and construction on the site. 5. Prior to application for a building permit the developer shall submit a complete set of civil engineer drawings for all off -site improvements, including the improvements to the South Frontage Road for review and approval by the Department of Public Works. 6. Prior to application for a building permit the developer shall submit a complete set of plans to the Colorado Department of Transportation for review and approval of an access permit. 7. Prior to application for a building permit the developer shall submit a final exterior building materials list, a typical wall section and complete color renderings for review and approval by the Design Review Board. 8. Prior to application for a building permit the developer shall post a bond with the Town of Vail to provide financial security for the 150% of the total cost of the required off -site public improvements. 9. The applicant's proposal shall meet the intent of the Design Guidelines, as outlined in Title 14, Vail Town Code. This includes the following: a. Predominantly natural building materials shall be used within the Town of Vail. The exterior use of wood, wood siding, wood shingles, native stone, brick, concrete, stucco, and EIFS may be permitted. Concrete surfaces, when permitted, shall be treated with texture and color, however, exposed aggregate is more acceptable than raw concrete. The exterior use of stucco or EIFS with gross textures or surface features that appear to imitate other materials shall not be permitted. The exterior use of simulated stone or simulated brick shall not be permitted. The exterior use of aluminum, steel, plastic or vinyl siding that appears to imitate other materials shall not be permitted. The exterior use of plywood siding shall not be permitted. The exterior use of any building material, including those not specifically identified by this Section, shall only be permitted, unless otherwise prohibited by this Code, where the Design Review Board finds: 33 (i) that the proposed material is satisfactory in general appearance, architectural style, design, color, texture, and quality over time; and, (ii) that the use of the proposed material complies with the intent of the provisions of this Code; and, (iii) that the use of the proposed material is compatible with the structure, site, surrounding structures, and overall character of the Town of Vail. b. The majority of roof forms within Vail are gable roofs with a pitch of at least four feet (4) in twelve feet (12'). However, other roof forms are allowed. Consideration of environmental and climatic determinants such as snow shedding, drainage, and solar exposure should be integral to the roof design. C. Roof lines should be designed so as not to deposit snow on parking areas, trash storage areas, stairways, decks and balconies, or entryways. Secondary roofs, snow clips, and snow guards should be utilized to protect these areas from roof snow shedding if necessary. d. Deep eaves, overhangs, canopies, and other building features that provide shelter from the elements are encouraged. e. Fenestration should be suitable for the climate and for the orientation of the particular building elevation in which the fenestration occurs. The use of both passive and active solar energy systems is strongly encouraged. If the applicant cannot comply with the Design Guidelines to the design Review Board's satisfaction, the applicant shall return to the Planning and Environmental Commission for a review and approval of the development plan and the criteria for evaluation as outlined in Section Vill of this memorandum. B. Conditional Use Permit for the Early Learning Center The Community Development Department recommends approval for a conditional use permit to allow for a private educational institution. Staff's recommendation is based upon the review of the criteria in Section X of this memorandum and the evidence and testimony presented, subject to the following findings: That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Housing Zone District. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 34 • 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. C. Major Subdivision The Community Development Department recommends that the Planning and Environmental Commission approve the final plat for Middle Creek Subdivision located at a Part of the S1/2 of the SE1 /4 Section 6, Township 5 South, Range 80 West of the Sixth Principal Meridian, based upon the criteria evaluated in Section XI of this memorandum and the evidence and testimony presented, subject to the following findings: 1. That the application is in compliance with the intent and purposes of the Major Subdivision Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. 2. That the application is appropriate in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, and effects on the aesthetics of the Town. Should the Planning and Environmental Commission choose to approve the request, staff recommends the following condition: 1. Prior to submittal for a building permit or within one year from approval of the final plat, the applicant shall submit two mylar copies of the final plat for Middle Creek Subdivision for recording with the Eagle County Clerk and Recorders. All easements are subject to approval by the Department of Community Development prior to recording. IX. ATTACHMENTS Attachment A: Reductions Attachment B: Cite Analysis Attachment C: Zone Districts Attachment D: Title Report Attachment E: Adjacents Attachment F: Applicant's Statements Attachment G: Environmental Impact Report Attachment H: Hazard Reports Attachment I: Traffic Studies Attachment J: Drainage Attachment K: Parking Management Plan Attachment L: Reductions of Plat Attachment M: Letters from the public 35 0 ALiaCffFf em: H 4 Q Gl 7 f"7 ■En 'Z1 t" ILES H L77 ^F7 „b 7 � Why 4 G y r� N _ K 0 ' _ H H co rn Dill }; r Tr r C�aLn mI EI' �-) ALiaCffFf em: H 4 till ILES K 0 ' _ Pill co rn }; r Tr r C�aLn mI EI' �-) V1 ht1.y� c' L7/ yQ ALiaCffFf em: H 4 r also E b a a� x CA "i EFEdEEjBea eRizzi! be teat tej scar eeeeaseeee1 EEEEE11 � 1111 };la 111111111mmumm IIII � „�� 11111 Rill C7 Cs7 ?C - J r z yr r y rr � fA i r A #YYP low .. 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South 20 ft. 18 ft. structure 12 ft. parking East 20 ft. 20 ft. West 20 ft. NA Housing Building A North 20 ft. 60 ft structure 4 ft. parking South 20 ft. 10 ft. East 20 ft. NA West 20 ft. 265 ft. structure 51 ft. parking Building B and C North 20 ft. 112 ft. South 20 ft. 15 ft. East 20 ft. NA West 20 ft. 27 ft. Site Coverage 159,872 sq. ft. (55°x6) 49,980 sq. ft. (17 %) Early Learning Center 3,990 sq. ft. Housing 45,990 sq. ft. Landscape Area 87,203 sq. ft. (30 %) 203,113 sq. ft. (70 %) Parking Early Learning Center PEC 22 spaces Housing Chp, 12 -10 247 spaces Building Height (max) Early Learning Center PEC 26 ft. Housing PEC 79 ft. Allowed Proposed Density PEC 21 du /acre 31 du /buildable acre is 0 0 CO a� c� Q � » 6 ¢ / C) % % � 0 S u a lt� $ $ CO 2 a. IL \ _ m « co S S§% S¥ c e (z m CL cl @ CL ____= 0 2 m m OL 0- U) ch a e aa:3 =:3 c It It « (n ®_wU) o � // / %ƒ7J S \ q%G% % � $ m E d) _ U (n E o o o j o ? a //-6 c f 5 :R m# 2\3 R g m o E m 6 @ o m 0 70 ? §6@ �c • 3\ g O/$ @ 4-4 D \\2 (DC \j Uqq$ LU2-0 » & CD 222 3ot c �� c _ o _ 0o (1) U) \e « L L G -0- sammo bg / / =o 2f 2f \/ ± m 4 =@3@ oe 5 g o= =eo= U 2 &A E= 3 = CL U) LijEQ@ ARTICLE I. HOUSING (H) DISTRICT SECTION: 12 -61 -1: Purpose 12 -61 -2: Permitted Uses 12 -61 -3: Conditional Uses 12 -61 -4: Accessory Uses 12 -61 -5: Setbacks 12 -61 -6: Site Coverage 12 -61 -7: Landscaping and Site Development 12 -61 -8: Parking and Loading 12 -61 -9: Location of Business Activity 12- 61 -10: Other Development Standards 12- 61 -11: Development Plan Required 12- 61 -12: Development Plan Contents 12- 61 -13: Development Stan dardsfCriteria for Evaluation 12 -61 -1: PURPOSE: The Housing District is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zoning districts. It is necessary in this district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in Section 12 -1 -2 of this Title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the District. The Housing District is intended to ensure that employee housing permitted in the District is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. 12 -61 -2: PERMITTED USES: The following uses shall be permitted in the H District: Deed restricted employee housing units as further described in Chapter 12 -13 of this Title. Passive outdoor recreation areas, and open space. Pedestrian and bike paths. 12 -61 -3: CONDITIONAL USES: The following conditional uses shall be permitted in the H District, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Commercial uses which are secondary and incidental (as determined by the Planning and Environmental Commission ) to the use of employee housing and specifically serving the needs of the residents, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: Ranks and financial institutions. Eating and drinking establishments. Attachment: C Health clubs. Personal services, including but not limited to, laundromats, beauty and barbershops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the Planning and Environmental Commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property and; B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed 30 of the total GRFA constructed on the property and; C. Dwelling units are only created in conjunction with employee housing and; D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios Public and private schools and educational institutions, including day -care facilities. Public buildings and grounds. Public parks. Public utilities installations including transmission lines and appurtenant equipment. Type VI employee housing units, as further regulated by Chapter 12 -13 of this Title. 12 -61 -4: ACCESSORY USES: The following accessory uses shall be permitted in the H District: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12 -14 -12 of this Title. Minor arcades Private greenhouses, tool sheds, playhouses, attached garages or carports, swimming pools, or recreation facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12 -61 -5: SETBACKS: The setbacks in this district shall be 20' from the perimeter of the zone district. At the discretion of the Planning and Environmental Commission, variations to the setback standards may be approved during the review of a development plan subject to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. B. Proposed building setbacks will provide adequate availability of light, air and open space. C. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. D. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards.. Variations to the 20 ft. setback shall not be allowed on property lines adjacent to HR, SFR, R, PS, and RC zoned properties, unless a variance is approved by the Planning and Environmental Commission pursuant to Chapter 17 of this Title. 12 -61-6: SITE COVERAGE: Site coverage shall not exceed fifty -five percent (55 %) of the total site area. At the discretion of the Planning and Environmental Commission, site coverage may be increased if 75% of the required parking spaces are underground or enclosed, thus reducing the impacts of surface paving provided within a development, and that the minimum landscape area requirement is met. 12 -61 -7: LANDSCAPING AND SITE DEVELOPMENT: At least thirty percent (30 %) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15') with a minimum area not less than three hundred (300) square feet. 12 -61 -8: PARKING AND LOADING Off- street parking shall be provided in accordance with Chapter 10 of this Title. No parking or loading area shall be located within any required setback area. At the discretion of the Planning and Environmental Commission, variations to the parking standards outlined in Chapter 10 may be approved during the review of a development plan subject to a Parking Management Plan. The Parking Management Plan shall be approved by the Planning and Environmental Commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than Chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. 12 -61 -9: LOCATION OF BUSINESS ACTIVITY: A. Limitation; Exception: All conditional uses by 12 -61 -3 of this Article, shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goads. B. Outdoor Display Areas: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 12- 61 -10: OTHER DEVELOPMENT STANDARDS: Prescribed By Planning and Environmental Commission: In the H District, development standards in each of the following categories shall be as proposed by the applicant, as prescribed by the Planning and Environmental Commission, and as adopted on the approved development plan: A. Lot area and site dimensions. B. Building height. C. Density control (including gross residential floor area). 12- 61-11: DEVELOPMENT PLAN REQUIRED: A. Compatibility With Intent: To ensure the unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development in the Housing District will meet the intent of the District, a development plan shall be required. B. Plan Process And Procedures: The proposed development plan shall be in accordance with Section 12 -61 -12 of this Article and shall be submitted by the developer to the Administrator, who shall refer it to the Planning and Environmental Commission, which shall consider the plan at a regularly scheduled meeting. C. Hearing: The public hearing before the Planning and Environmental Commission shall be held in accordance with Section 12 -3 -6 of this Title. The Planning and Environmental Commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Planning and Environmental Commission may be appealed to the Town Council in accordance with Section 12 -3 -3 of this Title.. D. Plan As Guide: The approved development plan shall be used as the principal guide for all development within the Housing District. E. Amendment Process: Amendments to the approved development plan will be considered in accordance with the provisions of Section 12 -9A -1 g of this Title. F. Design Review Board Approval Required: The development plan and any subsequent amendments thereto shall require the approval of the Design Review Board in accordance with the applicable provisions of Chapter 11 of this Title prior to the commencement of site preparation- 12-61-12: DEVELOPMENT PLAN CONTENTS: A. Submit With Application: The following information and materials shall be submitted with an application for a proposed development plan. Certain submittal requirements may be waived or modified by the Administrator if it is demonstrated that the material to be waived or modified is not applicable to the review criteria, or that other practical solutions have been reached. 1. Application form and filing fee. 2. A written statement describing the project including information on the nature of the development proposed, proposed uses, and phasing plans. 3. A survey stamped by a licensed surveyor indicating existing conditions of the property to be included in the development plan, including the location of improvements, existing contours, natural features, existing vegetation, watercourses, and perimeter property lines of the parcel 4. A title report, including Schedules A and B4. 5. Plans depicting existing conditions of the parcel (site plan, floor plans, elevations, etc.), if applicable. 6. A complete zoning analysis of the existing and proposed development including a square footage analysis of all proposed uses, parking spaces, etc. 7. A site plan at a scale not smaller than one inch equals twenty feet (1" = 20'), showing the location and dimensions of all existing and proposed buildings and structures, all principal site development features, vehicular and pedestrian circulation systems and proposed contours and drainage plans. 8. Building elevations, sections and floor plans at a scale not smaller than one - eighth inch equals one foot (118" = 1'), in sufficient detail to determine floor area, circulation, location of uses and scale and appearance of the proposed development. 9. A vicinity plan showing existing and proposed improvements in relation to all adjacent properties at a scale not smaller than one inch equals fifty feet (1" _ 60'). 10. Photo overlays and /or other acceptable visual techniques for demonstrating the visual impact of the proposed development on public and private property in the vicinity of the proposed development plan. 11. An architectural or massing model at a scale sufficient to depict the proposed development in relationship to existing development on the site and on adjacent parcels. 12. A landscape plan at a scale not smaller than one inch equals twenty feet (11" = 20'), showing existing landscape features to be retained and removed, proposed landscaping and other site development features such as recreation facilities, paths and trails, plazas, walkways and water features. 13. An environmental impact report in accordance with Chapter 12 of this Title unless waived by Section 12 -12 -3 of this Title. 14. Any additional information or material as deemed necessary by Administrator. B. Copies Required; Model: With the exception of the model, four (4) complete copies of the above information shall be submitted at the time of the application. When a model is required, it shall be submitted a minimum of two (2) weeks ,prior to the first formal review of the Planning and Environmental Commission. At the discretion of the Administrator, reduced copies in eight and one -half inches by eleven inches (8 1/2" x 11 ") format of all of the above information and additional copies for distribution to the Planning and Environmental Commission, Design Review Board and Town Council may be required. 12- 61 -13: DEVELOPMENT STANDARDS /CRITERIA FOR EVALUATION: The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria: A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. B. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. D. A pedestrian and vehicular circulation system designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. E. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. F. Compliance with the Vail Comprehensive Plan and other applicable plans. • C] • 0 n • 12 -9C -1 CHAPTER 9 SPECIAL AND MISCELLANEOUS DISTRICTS ARTICLE C. GENERAL USE (GU) DISTRICT SECTION: 12 -9C -1: Purpose 12 -9C-2: Permitted Uses 12 -9C -3: Conditional Uses 12 -9C -4: Accessory Uses 12 -9C -5: Development Standards 12 -9C -6: Additional Development Standards 12 -9C -1: PURPOSE: The General Use District is intended to provide sites for public and quasi - public uses which, because of their special characters - tics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which devel- opment standards especially prescribed for each particular development proposal or project are necessary to achieve the pur- poses prescribed in Section 12 -1 -2 of this Title and to provide for the public welfare. The General Use District is intended to ensure that public buildings and grounds and certain types of quasi - public uses per- mitted in the District are appropriately locat- ed and designed to meet the needs of resi- dents and visitors to Vail, to harmonize with surrounding uses, and, in the case of build- ings and other structures, to ensure ade- quate light, air, open spaces, and other amenities appropriate to the permitted types of uses. (Ord. 21(1994) § 10) 12 -9C -3 12 -9C -2: PERMITTED USES: The follow- ing uses shall be permitted in the GU District: Passive outdoor recreation areas, and open space. Pedestrian and bike paths. (Ord. 21(1994) § 10) 12 -9C -3: CONDITIONAL USES: A. Generally: The following conditional uses shall be permitted in the GU District, subject to issuance of a con- ditional use permit in accordance with the provisions of Chapter 16 of this Title: Town of Vail Churches. Equestrian trails. Golf courses. Helipad for emergency and /or commu- nity use. Hospitals, medical and dental facili- ties, clinics, rehabilitation centers, clinical pharmacies, and ambulance facilities. Major arcade. Plant and tree nurseries, and associ- ated structures, excluding the sale of June 2000 12 -9C -3 12 -9G -5 i trees or other nursery products, grown, produced or made on the pre- mises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools and educa- tional institutions. Public and quasi- public indoor com- munity facility. Public buildings and grounds. Public parking facilities and structures. Public theaters, meeting rooms and convention facilities. Public tourist/guest service related facilities. Public transportation terminals. Public utilities installations including transmission lines and appurtenant equipment. Seasonal structures or uses to accom- modate educational, recreational or cultural activities. Ski lifts, tows and runs. Type III employee housing units (EHU) as provided in Chapter 13 of this Title. Water and sewage treatment plants. B. Proximity To Parking Required: The following conditional uses shall be permitted in accordance with the issu- ance of a conditional use permit, pro- vided such use is accessory to a park- ing structure: Offices. Restaurants. Ski and bike storage facilities. Sundries shops. Tourist/guest service related facilities. Transit/shuttle services. (Ord. 6(2000) § 2: Ord. 21(1994) § 10) 12 -9C -4: ACCESSORY USES: The follow- ing accessory uses shall be permitted in the GU District: Minor arcade. Other uses customarily incidental and ac- cessory to permitted or conditional uses, and necessary for the operation thereof, with the exception of buildings. (Ord. 21(1994) § 10) 12 -9C -5: DEVELOPMENT STANDARDS: A. Prescribed By Planning And Environ- mental Commission: In the General Use District, development standards in each of the following categories shall be as prescribed by the Planning and Environmental Commission: June 2000 Town of Vaal 1. Lot area and site dimensions. 2. Setbacks. 3. Building height. 4. Density control. • 12 -9C -5 0 5. Site coverage.. 6. Landscaping and site development. 7. Parking and loading. B. Reviewed By Planning And Environ- mental Commission: Development standards shall be proposed by the applicant as a part of a conditional use permit application. Site specific development standards shall then be determined by the Planning and Envi- ronmental Commission during the review of the conditional use request in accordance with the provisions of Chapter 16 of this Title. (Ord. 21(1994) § 10) 12 -9C -6: ADDITIONAL DEVELOPMENT STANDARDS: Additional regula- tions pertaining to site development stan- dards and the development of land in the General Use District are found in Chapter 14 of this Title. (Ord. 21(1994) § 10) Town of Vail 12 -9C -6 June 2000 12 -8C -1 CHAPTER OPEN SPACE AND RECREATION DISTRICTS ARTICLE C. NATURAL AREA PRESERVATION (NAP) DISTRICT SECTION: 12 -8C -1: Purpose 12 -8C -2: Permitted Uses 12 -8C -3: Conditional Uses 12 -8C -4: Accessory Uses 12 -8C -5: Development Standards 12 -8C -6: Parking And Loading 12 -8C -7: Additional Development Standards 12 -8C -1: PURPOSE: The Natural Area Preservation District is designed to provide areas which, because of their environmentally sensitive nature or natural beauty, shall be protected from encroach- ment by any building or other improvement, other than those listed in Section 12 -8C -2 of this Article. The Natural Area Preserva- tion District is intended to ensure that des- ignated lands remain in their natural state, including reclaimed areas, by protecting such areas from development and preserv- ing open space. The Natural Area Preser- vation District includes lands having valu- able wildlife habitat, exceptional aesthetic or flood control value, wetlands, riparian areas and areas with significant environ- mental constraints. Protecting sensitive natural areas is important for maintaining water quality and aquatic habitat, preserv- ing wildlife habitat, flood control, protecting view corridors, minimizing the risk from hazard areas, and protecting the natural character of Vail which is so vital to the Town's tourist economy. The intent shall 12 -8C -3 not preclude improvement of the natural environment by the removal of noxious weeds, deadfall where necessary to protect public safety or similar compatible improve- ments. (Ord. 21 (1994) § 10) 12 -8C -2: PERMITTED USES: The follow- ing shall be permitted uses in the NAP District: Nature preserves. (Ord. 21(1994) § 10) 12 -8C -3: CONDITIONAL USES: The following conditional uses shall be permitted in the NAP District, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Equestrian trails, used only to access Na- tional forest system lands. Interpretive nature walks. Parking, when used in conjunction with a permitted or conditional use. Paved and unpaved, nonmotorized, bicycle paths and pedestrian walkways. Picnic tables and informal seating areas. Other uses customarily incidental and ac- cessory to permitted or conditional uses and necessary for the operation thereof, Town of Vail 40 • L' 12 -8C -3 with the exception of buildings._ (Ord. 21(1994) § 10) 12 -8C -4: ACCESSORY USES: Not appli- cable in the NAP District. (Ord. 21 (11994) § 10) 12 -8C -6: DEVELOPMENT STANDARDS: Not applicable in the NAP Dis- trict. (Ord. 21(1994) § 10) 12 -8C -6: PARKING AND' LOADING: Parking and loading require- ments will be determined by the Planning and Environmental Commission during the review of conditional use requests in accor- dance with the provisions of Chapter 16 of this Title. (Ord. 21(1994) § 10) 12 -8C -7: ADDITIONAL DEVELOPMENT STANDARDS: Additional regula- 40 pertaining to site development stan- dards and the development of land in the Natural Area Preservation District are found in Chapter 14, "Supplemental Regulations ", of this Title. (Ord,. 21(1994) § 10) Town of Vaal 12 -8C -7 0712/2002 15.21 COUGHLIN +.3036707162 NU. BiJb Way i r. .r -,rr �� . • a n -n... r.-.. h... ..r rr ..e a. dy h.r �r4.1 ___ -..� � �G I. VI iV.. ... ti iandTS #le rart�ee Orlmny Y i M Date: 06 -ZF -2002 Our Order Number; VCM136 Property Address: US WEST PARUL Buyer[Borrowet: TO BE DE TERNIr 4ED Iter)Owner: TIM MOUNTAIN STATES T XPHC]EAND 'TELEGRAPH COMPASY, A COLORADO CORP)RA770N, AS TO PARCEL 1 TOWN OF VAM, A NWMCMAL CORPORATION, AN TO PARCEL 2 Ef yon have any ingviruas or require further moistaner, please contact one of the nwwbers below: For Owd* Assixtancc; For 711 Aw stanet Vail Title Depk Roger AvHa 101 S, FRONTAGE RD. W. 420 P. G BOX 337 VAIL,, CO $1657 Phone: 970—M-2253. Fix: 9704764534 EMail. r avilaOW com Need $ map or dir -dots far your upooming closing? Cheek ant Laud Title's web site at www.ltge.com for direcUm to any of cur 40 office locatIom. EMPAMCF11TIEFEB $175.4! ....., TWAI.. roan THANKNOU FOR VOUR 01MC i! Attachment: D 07/12/2202 15:21 r roar Edna 1: t a e • Property Address: US WEST PARChL COUGHL I N 4 3036707162 NC.-,806 903 —_ . .. . 4, 1 1 .ri'e co J41h C,vuC .LV:,aY.:aJ Am 01vi r4iu= ? u1 tV w Cldcz,O "nfle lmurSA m Comp7uiy ALTA COMMITMENT Our Order No. VC21V 36 Schedule A Cwt. ROE 1. Imective /late: April 26, 2001 at 5:00 P. NL 2. Policy to be Issued, and Proposed Insured: iiforraWon Hinder Pmp m d Itimred: TO RE DE17jWqED 101 3. The estate or tntenest in the land described or referred to In this Commitment and covered herein Is: A Pee Simple 4 11 le to the estate or interest covemd herdn E9 at Me ettedt" dale btreot vested in: THE MOUNTAIN S�TAM TUSPRONB AND T IW.RAPH COMPANY, AY COLORADO 001M'tAT 0N, AS T40 PARCEL I TOWN OF VA1C., A. MUNICIPAL CORPORA 710N, AS TO PA RCM . 5. The lama/ referred to in this Camndtment Is described as follows: M A►'TIrACI-M P.+tGKS) MR LEGAL DESCIILI"1"i0N DI @°7/ 12/X02 15:21 MUGHL I N � 3036707162 .- -- .._.__..... PARCEL 1 NLJ . 806 PO4 3U::�25tt8� � g t7 Our Order No. V(272436 A TRACT OF LAND YN Jim SO1 T-nlAST ON&QUARTER, SoUTIj:AST ONE_ QUARTER, SE MM 6, TOWNSHEP 5 SaLjTM RANGE So WM OF TEW 6TH p. M., EAGLE COUNTY, CotARADO, p4ME PAIx.TICULARLY DESCRWED AS FOLLOW& l E40gNNG AT f► POINT BEING 1170.20 FEET NORTH 36 DEGREES 01 AfY VTXS ?S SFCCM)S WM FROM T2U'- SOLMHMEA S1' COMIE R OF SEC:': ON 6, T, WINS HIP 5 80V d, RA NGE 90 V SST OF THE 6TH P.IVL; THENCE NORTH 00 DEGRM 00 MINUTES 180.1,1 FEET; 11JENCE NORTI"I 8d FJEGPZLS 34 MM,UTFS WFST 143.67 FRET; THENCE SOUTH 60 DUGRE3i.9 09 ?,MUT'9S WEST 107.00 FEET; TFB.NCE SoLrm 26 DEGREES 17 MMUTES WEST 3225 FEET, THENCE SMn I 8$ DEGRIMS 30 hMgV'TF.S WFST 120.00 FEET; n2NCF SOtJTH 36 IaEGRJM 23 MINUTES 3( SEoCONTS WEST KZ4 MT' , THENCE SOUTH 83 DEGREES 36 NM WM M 30 SECONDS EAST 411.93 PEEP TO THE POINT OF HEGRgNING, COUNTY OF FAGLP, S'T'ATE OF COL011A M T'OGETIUM v[+Cf I AN EASEMENT FOR ACCEM TO AND EGRM FROM TI3ffi ABOVE- DESCI LIBED TRACT ]8Y FWW p- 'RIAN, VEHICULAR, AND MOTOR TRAFFIC, FOR AMOAL ANA BURMD T•EI.F.,PHONE AND 'Et.WTMtC POWER LWIN AND FOR BUR= WATER, SE%ZK GAS, AND 01131M UTILMRS TO SAID TRACT OVER AND ACROSS THE FOLL()WV G DFSCRMW PROPERTY, TO WIT: A TRACT OF LAND IN THE SOUTHEAST ONE-QUART I, SOUTBEAST ON&QUARTE„ SWITON 6, TOWAISFUP 5 SOUTH, RANGE 80 W85`P (W THE 6TH P.M., EAGLE CUIJNW. COLORADO, MME PARTICVLARL.Y DESCRIBED AS FOLLOWS* 13EGNNNG AT A POINT BRING 1170.20 FMT NORTH 36 DEGHM 01 tNMUM ZS ,SECOND WM FROM TEE SOUTHEAST +AST CORINER OF WC 1ON 6, TOWNSIP 5 SOUTH, RAN(,- 80 WIST OF THE 6TR P -bt, TBENCE SOUTH 00 DEGREES 00 NUNUM 40.25 FEET, THENCE NORTH 83 DEGRM 36 MMINUTNS 30 SECONDS WEST 381.48 FWr, TFIENCE SOEYM 13 DEGRXM 49 MINUTES WEST 011.10 MI TO THE NORTk1 RIGHT OF WAY LDqk OF WrERSTATE 70; TH63QCE NORTH 74 DIES 21 MINUTES 35 WCONDS WEST 40.00 FEET ALONG THE NORTH RIGUr OF WAY LM OF IN'FER TATiE 70; VICE NORTH 15 DEGREES 49 MINUTES EAST U120 FEW; TI3 N" SOUTH ILI DEG)WES 36 MINU'M 30 SECONDS EAST 41L93 MI TO THE POINT a F BEGNNTNG, CODUT'Y OFEAGL , STATE OF COLORADO. NOTE: THE MAI, POLICY DOES NOT IN ANT WAY GUARANTEE ORINSURE THE DTM&NSIONS OF THE ABOVE D13CRIDED LAND, THE LEGAL D SCRWMIN 15 DAD FROM THE CR&N OF TTTI.E AND ONLY AN ACCURATE SURVEY CAN DETERMINE TBE DIMENSIONS, PAI,2 A TRACT OF LANII IN THE SOUTH HALF OF TTTE SOUTHEAST QUA.RTTi.A, S'E'ITON 6, TUWN,%W 5 SOUTH, RANGE 90 WEST OF THE 6TH PRINCIPAL MIR DL►N, EAGLE C00T7', COLORA,I)q MORI: PARTICULARLY 13ESCMED AS FOLLOW& BECNNINGAT A i'OLNT THAT N N 00 DEGREES 28 MlNU`IF.S 16 SECONDS W A DISTANCE CF 696.60 ITT FROM THE vADuT EMA+►ST COR'jnt OF SECTION 6, TOWNSHIP 5 SOUTH RANGE 80 WEST OF THE 6TH pRINCWAL KZRIDIAN, BEING THE TRUE POINT OF BEGINNING•, ALSO BEING A POI''T' ON THE NORTHERLY RIGHT OF WAY OF INTEWATE 70; THENCE N 00 DW..=S 28 14T1NUTES 16 SECONDS W ALONG THE FAST LINE OF SAID SECT.'ON • 0'7/12/2002 15: 21 COUGHL I N 3 3036707162 N©. $06 ' . . ....nr tiasL'1'V 1 ILlG 1 1 9 4f JMlI' LULL J.N.,J y. J1 IVR �f{ • wa jYl�;} ' fi1� j� Our Order No. V(272A36 [1t" C2 4 # -^-* JI •. 6 A DISTANCE OF 633.40 F ; THENCE N 89 DE;GRM 27 ►IUMUTE.S 21 SECONDS W A DISTANCE OF 2633,76 k`EET TO A POINT ON THE rsAST BOUNDARY I. NE OF VAIUPOTA'rO PA'T'CH FILING, THEI#CE S 00 D&7xRM 07 MIIVUTES 12 SECONDS E ALONG SAD] EAST` BOUNDARY LINE A: DISTANCE OF 35 L21 FEET TO A POINT ON A CURVES SAID CURVE ALSO AS1NG ON THU NOATHI Y R%I–IT ov WAY CoF INTERSTATE. 7p; THENCE ALONG SAID NORTI -MILLY RIGHT CF WAy ON TfZ FOLLOWING 8 COUP 1) A DACE OF 204.62 FM ALONG THE ARC OF A CURVE TD TEE 1UGHT, SAID CL-W fE HAVING A CENIMAL Arty OF 02 DEGR>sTi.S 56 MIlV UTEs 18 SECONDS, A RADIUS OF ,399 0.0 FEET, AND A CHORD BEARING N 85 DEGREES 31 KNUIES 10 SECONDS E A DISTANCE CF 2,04.60 FEET; 2) N 80 DEGREES 13 NJ NUTES 06 SECONDS R A DISTANCE OF 211 -SQ HMT, 3) N 84 D BGREES S3 MINUTES 50 SECONDS E A DISTANCE OF 319.70 Le 4) S 79 DEGRRES ;i6 NUNNUTFS 28 SECONDS E A DZINCE OF 424.40 BIwi's S) S 69 I)EGREES !S MDUJM 21 SECONDS 2 A DISTANCE OF 303.:0 FEET; 6) S74 DEGREES ;'.1 MINUITS 35 SECONDS E A DISTANCE OF 204.70 FM; 7) S 83 DEC—AM 36 MINUTES 29 SECONDS E A DLSTANC'E OF 820.34 FEET; 8) S 71 DES 23 %iNtrM 45 SECONDS E A DISTANCE OF 196.10 FEET TV THE TKUE POINT OF BEGINIVING, COUNTY GF FAGL,E, S'T'ATE of COLORADO. EXCFFT THAT PO R.7 TON OF LAND DESCRIBED IN WARRANTY D , RRCSMON 114414, ' BOOK 218, PAGE 419, MED OF RWORD IN TM OMCE OF CLERK AND RECORDER OF EAGLE COUNTY, C'CYLMIDQ NOTE -. THE FINAL POLICY DDS NOT IN ANYWAY GUARANTEE OR INSURE THE 1)114WS6ONS Off' THE ABOVE DESCRIBED LAND, THE LEGAL DESCRIYT:ON IS flERI11�1l7 I pAw THE CHA O -ce TrME AND ONLY AN ACCURATE SURVEY CAN VETEILMM THE D&U NSIONS. 905 b- ti 07,x12/2002 15:21 COUGHL I N y 3036707162. Y Y IYal1: Y-g1YM t I iii - Y 1 / 1.V JL11 &-VL d.V- 'i.JA. ''M MW ALTA COMMITMENT B - Section I (Requirernenrs) T7te InHowing are the rec;uireuwnts to be complied with: NU. bkgb L00b aV..inG51 17j� = 7, 1 ! f r auc a Oil 1V Our Order No. Yt 272436 Item (a) Pam mt W ar for dw accewn of the Mors ar mortMars at the full aoMWeradon for the csbae or h*rtst to be insured. Meru (h) Pmpaer tW1r a k s) creating t1w "t�ate or tntomt to be insumd must be extom l and doiy fled for ;:curd, td -w(s: Item (c)1°'ayrnettt cif sdl bum, chaTfs Or assessmnts levied and assts+6ed against the su*ct pmmlsw wldch am due wW pttpable. Item. (d) Additional rugWtctnsnts, if any 49eclosed below: TM CLDKWFNU2�T IS FOR MORMATIQN ONLY, AND NO >?OLICY WILL BE ISSURD PUPSUANT HMI []. r] L If 07r 122002 15:21 • � r rurrr ianu � , � r r: M • COUGHLIN 3_036707162 N ©•606 6)07 i e i c.s .+wu tvuc .tv. 1�, �i row nw. f aye r W .LU ALTA +C{l1V[X1i'XFNT Schedule B . Section l (Exceptions) Our Order No. V 0272436 The paliey or policies to She issued will contain exceptions to the following uhlen the same are disposed of to the mtisractiott of 01e Company. I. fthLix or cWm of pardes in pmemlon not sfwwn by the p"Ic mon6. z. la"nsawrhts, or ci&Rg of easements, not shown by ft public reotrg. 3. VW epancfea, cordlieb iu boundary lirhea, shortsge in area, ettemathraents, tend WW raeis wfrich A eorm.-t Retmry and Inspecdon at ft preinises woWd disclose and wuch are not shown by the pvWdc tecorft 4. Amy lleA or nl.ght to it lten, for seMm, labor or tnatotiat t *mwferPJ or (hereafter fn dslvd, fngxmed kW low and rot Shown IV the p iAte records. S. Defect% netts, ra= bmees, adverse claims or other maners, it sa W, creatuzi, tlrst gppeo tig In the pttM c rr ot* or attach tg subwguent to the effective dale hereof btA prior to the dame the prupawd Imured acypdtes at re :arts for TIte t3te estate or int!rpst or mortgage tlherron covered by this Convnl=wnt. 6. TUrtea or special a smer& which arts mt shown w eadmdM liens by the pANir records.o the Tres swees offim. 7. dens for hm%iid soaps r and sewer charges, if my — .8. 8. In addition, Ow owner's ppfdcy will t* aulgeet to the rnortgVe, It aW, noted In Section 1 of Schedule R hmwtr 9. 1UGH'1r` CW PROPAMTOR OF A VEIN OR LODE TO FXTRAL T AND REMOVE ISS ORE SODA SHOULD THE SA>M& BE FOUND TO PENETRATE OR UfMRSECT THE M AS RESERVI D IN UNr= STATES PATENT RECMDED MAY 24, 19114, W BOOK 48 AT PACE 503_ 10. WGUr OF WAY FOR DrnCRpS OR CANALS CONSTRUCTED BY THE AUTiORI"I'Y OF TM U>!Nr= STATES AS RESERVED IN UN I MD $TA')['ES PATENT RECOEI'1ED MAY 24, 1.904, IN BOOK 4$ AT FACE 503. 11. WATER AND WATEZRTGHT5, DI''MI AND DITCH RIGS. 32. RIGHT OF WAY 40 MET IN WIDTH AS DESCRIBED IN CONDF-WAITO1N FOR RIGHT OF WAY AWA.RDIM TO THE UNITED STATES OF AIN"CA IN' li'+iS=M:ENT RECORDED AUGUST 12, 1935 IN ROOK 116 AT PAIGE 349. 13. RIG OF 'WAY AS GRANTED TO THE STATE OF C"AADO IN WSTRUNMT RECORDED =VE 3, 1940 LN BOCK 127 AT PAGE 466. 14. BIGHT OF WAY AS GRANTED TO THE FZMIING LUNMER AND MFSRC4INMZ CONI eANY IN r 27/12/2002 15.21 COUGHLIN 3 3036707162 NO.80b WE _ s.+ ._.�n. • raw. 1 r 1 LV +r!! L.VVG 14. J.L Jj- /yp mul l ,WC Y VI J.7J ALTAR COMMITMENT... sche2tUle 11 - Section 2 (Fxcepprians) Our Order No. V:7272436 The policy or policies to 1pe issued will contain exceptions to the following unless the same Are dispomd of to the satisfaction of the Company: 1NSiRLW ENT M'GRDED JANUARY 13, 1943 IN BOOK 127 AT PAGE 50, 15- RIGHT OF WAY V.SEWENT AS GRANTED TO GAS F'A'CMIT',`F..,3", ,INC, IN INSTRUi'IE, a RECORDED WBRUARY 17, 1966 IN BOOK 192 AT PAGE 149 AND IN BOOK 192 AT PAGE 1(11 AM RECORDI I) MARCH 9, 1966 IN BOOK 192 AT PAGE 203 AND AT PAGE 207, 16. EASEMENT AS GRINTED TO PAIL WATM AND �ANITATIdN DIS=CT W LNMUKp'T RECORDED APRIL 7, 1966 IN BOOK 192 AT PAGE 365. 11. TERNS, CONDITIONS AND PROYISLONS OF NONEXCLUSrVE UNDERGROUND RIGHT OF WAY FASEMENT AS GiUkNTED TO HOLY CROSS Fi.'ECTRIC ASSOCIATION, INC. RRCORDED JUNE 08, 1994 IN BOOK 6112 AT PAGE 344. I& EX51ING LEASES AND T WANCIF& • 07/1 -/2002 15:21 COUGit..IN 3 3036707162 NO.606 IP09 ;n03625- 385 a fivc a Ul " LAND TITLE GUAR-ANTIRE COMPANY DISCLOSL7RIi: STATEMENTS Note: Purswit to cm lu.11.122, notice is hereby given au* A) T%e ;ul*ct real property My be located in a epeclal tiWng district. B) A Cci tiiicox oi' Th Due listheg each Wdng jmis(Oexon rusty be obtained from the County Tmas2tt es authorized Writ C) The tnLAt' mlJou regarding syrecial districts "the boundaries of such 4isrrieW treaty be obtalered thn the Board of County C.oriont arioners, the Carol y Clerk and Recorder, or the Corm Assessor. Nolen Drive Sepletrrber 1, Z91a7, CRS 30-10-406 requires that all dnaimients received far mmordhng or filling in idle Cleric arrd re+rasrder's 0111ce stsall aanWR a top amrgtn of at iewt one iron and a Teri, right and boa MM warg'Irtof at legsi ante half of an irwh. The derlt R M mcorder may refuse to teenrd or file MW docannetd that does not cortfanu, a xmpi asst, the reTdrerue-rd lbr the tap Magin shati not apply to doemner ib udlig foi nm an whkh •spare is pv0deed for rmoniing or filing fdots melon at the top marlon of Me doemnmt. Note. Colorado Dtv4Slon of Ins uwfee Regedado= 3-5-1, Pecagrr h C of Ardele Vii reg3dres brat "%ear;r title a:rritty strati be rmpnnslbla for all matters whch appear of record ,prior to the MW of re cox%li ig whetwve:r the title crAty candurb the dosing wid h mgxu ible for mcardi.M orfi trg of legal doculireM m4uitiptg rrom the fartaaelion Wifie b wag closed': .Provided #het LAW Title Gmwe rtee Cotr*NW coudtuft Cie closing of the tnsix ed dam and is rerponeible for recording the )age) dociangim I1eom>v the ttatrsacdon, eUrptioln teurnber 5 will not appear on rite O4'Ynei''5 Title FbUcy and ilea Undlre Polley wlreta Immedt. Now- AffkTuW v mmli adc's lien pratectlan for fire Owmr may be awailabit (typ"ly by deletlari of E xaepdorrt na. 4 oi' Scheak B, Section 2 of the Comrdh (earn the O'wnera Policy to be i<Rned) upon compgeum with the following esotcilttona: A) Tire land described in Smhet We A of this commiUvent anent be a single Wdiy reaWme whch indWm a cogdandr tmn or (ownhow taut. B) No labor or »raterlab hm been fbrrddmd by rneclur6cs or matedal- nun far,pu?oses of com nrctlea are the land descanted its Scheduie A ot'. phis Cormntpnetri widdu the past 6 months. C) The Compmrg Inner mmlve en Appropriaee aMdavit irrdetnnityWg the CornpOW rrgattrst telE$led meritatdc's and neuter -men's lierar. p) Tire COMOPWW Mm it receive paaytaeut of Ow qppa,oprieft premium E) Tf dure has been zowkwtloN Improvenum or major repaite un&rt Wzn an the prdrpevily 0 be pearcMed teritltht stet WoWw irtior to the Date of the Cotrmlivantt, ttre tequitwnetnb to ohWn coverage! for uwwonled Berta +wilt Wcltltlet dWelomm of certalu cortaOwdou lotenudiatr, tirr7rmd Mrn adon as to lfte abler, flee berth and or the contractor, pqtnauU of the appropriate ptna MM fdly excaftd irate ApeeurM satisfactory to fire coal, u4 my additi,ottal "runab as ttr*y be needle after an eaan inadon of the edores9d irefannallon by rite ComjWW. No coverage will be givers wider m4' dresansi crs for lWwr or nreuerie d for which flee UxuNd has cou"iew for or agreed to ,pap. Noter Ptttstrant to Cltl 10- 11.133, notice is hereby given: A) That there is rer.onledt evideme [fiat a mineral estate hra been severed, lasted, or odxrwirt conveyed burn the sWace estsrle rued that there 1s a subswr4lal IlWhood drat a third p my holds sortie or all itatemt to oil, gsa, outer ruittaerws, or geoiieerrmi etrergy in the properly, seed B) That such numeral estate noW haclrade the tight to enter wd use rite pmperiy witlrouit the niece ow>ier's pemilw1om This nodre applies to cwmes policy eomnribrimts confgQarlreg a mineral severance irtstsutnertt empdor; or eateept3o>res6 in Sftd dee B, Secdori 2. ,obit hemft comilned will be daerrted to obligate the company to pmvlde any of the covers mrctlred to herein uft4s the abovo canOMoti are fully seallsfied. 0°7/12/2002 13: 21 CGLIGHLFN -> 3036?0716;? NO. 806 910 • avao Ga 1 i:J� yz I, it r * � R a JOY NT NOTICE OF PRIVACY POLICY Fidelity National 1�'it•s;,via! Group oir Companiea/Chicage 'fide Insurance Company and Land Title GL!', Company July 1, 2001 We reeRgrize and r+e ct ttte privacy 0Xpectattorts of tAdsy's cnnswuers and the rents of a !e federal aced state ptivsey laws, Foie believe that >�ld yen nw6m or how we use your uon-p�c ji anal nrotm Sdpn ( "petsalml In[orn3atioYr "j, arul ut whom it is disclose w1I1 form the basis to r a relallonship of trwt between us OW t he public first'we serve_ This f Avacy SWernent pwides that eapl t n• We Mserve the tight to clam t1lb PdVj LT Stat+eroettt /ram time tit d"M COMh0ent with apphmble p ivaq laws. In the course of cur business, we may .collect Personal Inrorittatlon about yon ftM the following sot trew Ff m 9*1nftllorrs or other fOum we receive l om ou or,Yctr wonted rej:xv ettative; From your trawl,ctiom with, or ream fire services Wng pertotmcd 1F► us, our a O!JaWs, or other; " From our InMmt web sires, From the Pubde records nudnWrieet bF governmental entitles drat we either obtain ftectty from than erttlt#es, or from our offilhows or others; and From con=at= tr outer reporting agett m tbut I'oiicles RegardIV the Protection of the Conddentigltetiy and 5ecutrily of Your Personal InTaMul Ion We nmtnt n�ss elee rdc and pMdtael arePmrd W Protect your Aersoni Ionwilon main reoth4rlxed acce or t on We rnNt aecem Ou the personel Ddamnatiotn only to #rase employees who Tweed such ar cam in corm�tlon with provtding products or servtees to you or for cower legs drag& b� prupvses. Our FoRcles stud Frsctices R%Mrding the Sharing of Your Personai inramatlon We My Shane YOW R:esnrrat 133150ttuadcrr with aar RM11ROM, such as t»strn MM congwdes, agents, scut aft!r real estate setdetnau sere provitim. We also ntsty dhelose your Personal 176"rrau*M to , lsu'ken: or t+epese lees to provide Ton whit services you hive rer;itestW to party contractors or service providers w]eo provide services or perfarm maritedM or other tanctions on our Iw bwr; and ° to others with *him we enter into join! marlmong agmem"ds for products or services rivet we bw:lievc you rogy &ltd of intenat Itt kStlan, we vrtlf d4m21trtae your Fetsonal lnfa M- ien when you direct or dv0 rig pern1%;ion, wbert we sr; ,required by ltrR* to do so, ar �rttell we sunwat went ar ctiirni�t acttvlties. We aCo ray d clo" your FeMO I irs!'arroatton when atleerwtse perpriu d by awlicisbte psisaq laws stich as, for eltatlq�]le, Irbeh disekmmes is:leerled p► aferce our tights grist V art of arq agmenrcnt, truss 04" or relationship with you Ow of the Impurttmt ngwnetbilldes of some of oer afflllaRed can*Wffs Its to renrd documenIs to the publi c damall>_ Such docutmris tray cunbdn your Persormi Irdbrraation Right to A,cum Your Personal Lnfennatiod and Ability to Correct Errors Or Requeat Changes Or Deletion i satin states afford you fire tight to eem= your Persorsai irrformemon card, under cer.A ti- 'IN rest owes, to Stall out too whom your Fetsowl Bdfentotrlten has beers disclosed. Also cersudn sues afford you ft fight to tegoest cOmecdOT4 wMildioent ar deleticn or yorir Peraonat lnlbir� We reserve the rQVK where permitted by I taw, to done a reasonable lee in cowr the casb incurred fn respandirrg io such mgmste. All shalltiter, and defered W Ned following el F1 ddrratGnup or Cargpv*seCtdt*tigo 'Bile Ittsttrat�ee Cotiq wW Privacy Compitm a Meer lndeltttyy Nsda W F11iSitCW, br— 4050 Carle Rol, Stine 2Q Saatta Bwbttr% CA 99110 Multiple Prodtwb or SerTices Z we provide you with :nave than one t9nsrtdal product or service, you may melee mare than am privacy notice from us. We epologtft for arW lmonverdem a rich may cause you. sbsm >r,t�.css lie Fred G. Steingraber Revocable Trust 615 Warwick Road Kenilworth, EL 60043 010530100I & 210105301002 Ronald & Kristine Erickson 5123 Lake Ridge Road Minneapolis, MN 55436 210105301005 Franco D'Agostino 848 Brickell Avenue #810 Miami, FL 33131 210105301008 J. Richard & Gay Steadman c/o Flynn Steadman 6161 S. Boston Cir Englewood, CO 80111 210105301011 William & Julie Esrey 2624 Verona Road Mission Hills, KS 66208 0 ve105301014 rgreen Lodge at Vail Ltd 250 S. Frontage Road Vail, CO 81657 210106401020 Vail International 300 E Lionshead Circle Vail, CO 81657 210106402057 • Greenwich Realty Holdings LLC 1082 Riva Glen Vail, CO 81657 210105301003 Lee & Charlene Raymond 4642 Meadowood Road Dallas, TX 75220 210105301006 Rajendra & Neera Singh 3801 Belle Rive Terrace Alexandria, VA 22309 210105301009 Rose F. Gillett Revocable Trust 1315 5praddle Creek Road Vail, CO 81657 210105301012 Spraddle Creek Estates Maintenance 1221 Brickell Avenue Miami, FL 33I31 210105301015, 16, 17, 18 Town of Vail 75 S. Frontage Road Vail, CO 81657 Colorado Dept. of Transportation Office of Public Information 4201 E Arkansas Avenue Denver, CO 80222 Sequel Capital Corp. 737 N. Michigan Avenue #2150 Chicago, IL 60611 210105301004 Oscar Tang 600 — 5" Avenue New York, NY 10020 210105301007 Bjorn Borgen Founders Financial Center 2930 E Third Avenue Denver, CO 80206 110105301010 SC Mountain Top LLC 485 Madison Avenue 24'h Floor New York, NY 10022 210105301013 Solar Vail Sonnenalp Properties Inc. 20 Vail Road Vail, CO 81657 USA, Sec. of Ag., DS Forest Service C/o White River National Forest Post Office Box 948 Glenwood Springs, CO 81602 Mr. Jim Yates 914 Spraddle Creek Road Vail, CO 81657 Attachment: E THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of is will hold a public hearing in accordance with Section 12 -3 -6 of the Municipal Code of the Town of Vail on September 23, 2002, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a worksession to discuss a proposed major exterior alteration; a conditional use permit to allow for a fractional fee club in the Public Accommodation zone district; a variance from Section 12 -7A -2 (permitted Uses), Vail Town Code, to allow for retail uses in excess of 10% of the total gross residential floor area of the structure; and a variance from Section 12 -7A- 10 (Landscaping & Site Development), Vail Town Code, to allow for a deviation from the total landscape area requirement, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive /Lots K & L, Block 5E, Vail Village 1$' Filing. Applicant: Sonnenalp Properties, Inc., represented by Braun Associates, Inc_ Planner: George Ruther/Warren Campbell A request for a recommendation to the Vail Town Council of a proposed major amendment to Special Development District No. 4, Cascade Village, Development Area B, to amend the setback requirements as indicated on the approved development plan, located at Coldstream Condominiums, Unit # 25, 1476 Westhaven Drive /Lot 53, Glen Lyon Subdivision. Applicant: James and Jane Kaufman, represented by Fritzlen Pierce Architects Planner: Allison Ochs A request for a final review of a final plat of Lots 11 and 12, Block 2, Vail Village 12th Filing, and Tract C, Block 1, Vail Village 12th Filing, located at 3160 N. Frontage Road East and 3010 N. Frontage Road East and setting forth details in regards thereto. Applicant: Vail Mountain School, represented by Braun Associates, Inc. Planner: Russ Forrest A request for a recommendation to the Vail Town Council, to allow for text amendments to Title 11, Sign Regulations, Vail Town Code, and setting forth details in regards thereto. Applicant: Town of Vail Planner: Russell Forrest A request for a final review of a final plat for a major subdivision; a request for a final review of a conditional use permit to allow for a private educational institution and development plan approval to construct employee housing; and setting forth details in regards thereto, located at the site known as "Mountain Bell " /an unplatted piece of property, located at 160 N. Frontage Rd. /to be platted as Middle Creek Subdivision. A full metes and bounds description is available at the Community Development Department. Applicant: Vail Local Housing Authority, represented by Odell Architects Planner: Allison Ochs The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 479 -2138 for information_ rows' of VA& '� n Is Middle Creek Affordable Housing Development uu The Middle Creek Affordable Housing Development seeks to establish affordable employee housing for the residents of Vail. It will provide 142 units of affordable housing, a community center, and an early learning center on a 6.673 acre site. The site is located adjacent to the Mountain Bell building, between the Vail Village roundabout and the Lionshead pedestrian bridge. The proximity to the center of town presents the possibility of a transit- oriented development, reducing the use of the automobile in favor of pedestrian and bus traffic. The development does provide 248 parking spaces meeting the Town of Vail standards. The Middle Creek development contains 3 residential buildings (A, B, and C), and the early learning center. Building A is situated on the bus pull -out and houses community center functions as well as living units. Building B and C are clustered to preserve open space. The buildings step up the slope from south to north responding to existing grades; inspired by European hill town massing. All building heights respect the existing Mountain Bell tower, reinforcing its image. Building C includes covered, structured parking for 211 automobiles, significantly reducing the need for surface asphalt on the site. The density is 21.3 dwelling units /acre, and over 60% of the site is open space (both natural and landscaped). PROGRAM: The 142 units of affordable housing are divided into four separate unit types: studio, 1, 2 and 3 bedroom units. The majority of the units are three bedroom or studio units. Some unit types incorporate variations, providing a wide range of unit choices to accommodate many types of living situations. Building A contains the community center on the ground level with studio units above. The community center will contain a leasing office, laundry facilities, Attachment: F resident's lounge, mailboxes, etc. There will be a Town of Vail bus stop directly Is in front of this building. The composition of building A with the bus stop will establish this as the entry into the Middle Creek development. The new early learning center will replace the existing ABC /Learning Tree Child Care Center on the site. It will serve up to 60 children and 12 -15 staff with a gross area of approximately 4,800 square feet. The early learning center contains five classrooms, a studio, a kitchen and an outdoor play area. SITE: The Mountain Bell site is arranged around four axes, which create distinct view corridors and organize the site as a whole. Two of these axes direct the eye to the existing Mountain Bell tower, reinforcing this significant piece of the Town of Vail's architectural heritage. The west portion of the site preserves the existing mature vegetation and makes use of a portion of the existing roadway to the Mountain Bell tower. The existing natural landscape will be an effective screen from the west and help nestle the new construction into the site. The buildings are clustered around the base of the Mountain Bell Tower thereby minimizing surface asphalt and creating efficient pedestrian circulation. There is significant open space and separation between the clustered residential buildings and the early learning center to the east. This open space corridor provides a strong connection to the existing natural areas to the north. The site organization of the development maximizes open space by clustering buildings, effectively reducing the visual density of the project. The bus stop is placed just inside the main entrance of the development, allowing easy and safe transit access and minimizing curb cuts. The early learning center, near the eastern edge of the development, has both privacy and a direct connection to the surrounding open space. 40 The buildings step down to the south and east reflecting the slope of adjacent grade. Pedestrian circulation is well defined by walks and patterned paving connecting residential buildings to a continuous bike path along the south edge of the parcel. PHASING PLANS: There are no anticipated phasing plans in place at this time. However, in an effort to begin site work in the fall of 2002, the developer may seek a site work permit after all appropriate approvals have been received. REVIEW CRITERIA FOR A DEVELOPMENT PLAN IN THE H ZONE DISTRICT:. A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding 0 neighborhood. This development respects and incorporates the existing architecture of the town of Vail. The character and scale of the buildings reflects the existing "European mountain village" feel of the town. The Mountain Bell building, a significant Vail architectural landmark, maintains its status as a centerpiece of the development. The orientation of the buildings provides solar access and creates south - facing open spaces. The clustering of buildings minimizes the visual density of the development. B. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. This development provides needed housing for the working population of Vail. Within the development, units are provided for individual workers as well as working families. The Mountain Bell Site will be a transit - oriented development, reducing automobile usage in favor of bus and pedestrian traffic. The density of the buildings allows more room for open spaces and natural areas. The development plan successfully introduces a large amount of housing while remaining sensitive to the prominent nature of this site. C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. The clustering of the buildings on the site reduces the visual impact. The spaces around the buildings themselves are pedestrian plazas where residents can interact. Between the residential and early learning areas of the development, a landscaped area provides a separation and a natural area of open space. A bicycle and pedestrian path will connect the development to the pedestrian bridge to the west. A structured outdoor recreation area has been integrated into the site using berming and landscaped features. Natural trails provide connections within the site and to the surrounding open space. D. A pedestrian and vehicular circulation system designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. A central spine of vehicular circulation allows efficient access and takes advantage of the elongated east -west axis of the site, creating a maximum 5% grade. There is parking under or near each building. The entire site is served by a Town of Vail bus stop and a bicycle /pedestrian path which will ultimately connect to the pedestrian bridge, reducing the need for cars overall. Pedestrian • circulation within the site takes place along a corridor which follows the central spine yet remains separate from vehicular traffic. E. Environmental impacts resulting from the proposal have been identified in the projects environmental impact report, if not waived, and all necessary mitigating measures are implemented as a park of the proposed development plan. Yes, these impacts have been identified in the environmental impact report, and will be implemented as a part of the proposed development plan. A preliminary mitigation plan has been submitted to the PEC, and a mitigation specialist has been retained to finalize the construction plans. C 0 Middle Creek Affordable Housing Development 'RUTARTAUT-10 The Middle Creek Affordable Housing Development seeks to establish affordable employee housing for the residents of Vail. It will provide 142 units of affordable housing, a community center, and an early learning center on a 6.673 acre site. The site is located adjacent to the Mountain Bell building, between the Vail Village roundabout and the Lionshead pedestrian bridge_ The proximity to the center of town presents the possibility of a transit- oriented development, reducing the use of the automobile in favor of pedestrian and bus traffic. The development does provide 248 parking spaces meeting the Town of Vail standards. The Middle Creek development contains 3 residential buildings (A, B, and C), and the early learning center, Building A is situated on the bus pull -out and houses community center functions as well as living units. Building B and C are clustered to preserve open space. The buildings step up the slope from south to north responding to existing grades; inspired by European hill town massing. All building heights respect the existing Mountain Bell tower, reinforcing its image. Building C includes covered, structured parking for 211 automobiles, significantly reducing the need for surface asphalt on the site. The density is 21.3 dwelling units /acre, and over 60% of the site is open space (both natural and landscaped). MM(1 e" r—1 A k A. The 142 units of affordable housing are divided into four separate unit types: studio, 1, 2 and 3 bedroom units. The majority of the units are three bedroom or studio units. Some unit types incorporate variations, providing a wide range of unit choices to accommodate many types of living situations. Building A contains the community center on the ground level with studio units above. The community center will contain a leasing office, laundry facilities, Attachment: F resident's lounge, mailboxes, etc. There will be a Town of Vail bus stop directly in front of this building. The composition of building A with the bus stop will establish this as the entry into the Middle Creek development. The new early learning center will replace the existing ABC /Learning Tree Child Care Center on the site. It will serve up to 60 children and 12 -15 staff with a gross area of approximately 4,800 square feet. The early learning center contains five classrooms, a studio, a kitchen and an outdoor play area. SITE: The Mountain Bell site is arranged around four axes, which create distinct view corridors and organize the site as a whole. Two of these axes direct the eye to the existing Mountain Bell tower, reinforcing this significant piece of the Town of Vail's architectural heritage. The west portion of the site preserves the existing mature vegetation and makes use of a portion of the existing roadway to the Mountain Bell tower. The existing natural landscape will be an effective screen from the west and help nestle the new construction into the site. The buildings are clustered around the base of the Mountain Bell Tower thereby minimizing surface asphalt and creating efficient pedestrian circulation. There is significant open space and separation between the clustered residential buildings and the early learning center to the east. This open space corridor provides a strong connection to the existing natural areas to the north. The site organization of the development maximizes open space by clustering buildings, effectively reducing the visual density of the project. The bus stop is placed just inside the main entrance of the development, allowing easy and safe transit access and minimizing curb cuts. The early learning center, near the eastern edge of the development, has both privacy and a direct connection to the surrounding open space, 0 The buildings step down to the south and east reflecting the slope of adjacent grade. Pedestrian circulation is well defined by walks and patterned paving connecting residential buildings to a continuous bike path along the south edge of the parcel. N: Ii\`le�WO1461 There are no anticipated phasing plans in place at this time. However, in an effort to begin site work in the fall of 2002, the developer may seek a site work permit after all appropriate approvals have been received. REVIEW CRITERIA FOR A DEVELOPMENT PLAN IN THE H ZONE DISTRICT: A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding 0 neighborhood. This development respects and incorporates the existing architecture of the town of Vail. The character and scale of the buildings reflects the existing "European mountain village" feel of the town. The Mountain Bell building, a significant Vail architectural landmark, maintains its status as a centerpiece of the development. The orientation of the buildings provides solar access and creates south - facing open spaces. The clustering of buildings minimizes the visual density of the development. B. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. This development provides needed housing for the working population of Vail. 0 Within the development, units are provided for individual workers as well as working families. The Mountain Bell Site will be a transit- oriented development, reducing automobile usage in favor of bus and pedestrian traffic. The density of the buildings allows more room for open spaces and natural areas. The development plan successfully introduces a large amount of housing while remaining sensitive to the prominent nature of this site. C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. The clustering of the buildings on the site reduces the visual impact. The spaces around the buildings themselves are pedestrian plazas where residents can interact, Between the residential and early learning areas of the development, a landscaped area provides a separation and a natural area of open space. A bicycle and pedestrian path will connect the development to the pedestrian bridge to the west. A structured outdoor recreation area has been integrated into the site using berming and landscaped features. Natural trails provide connections within the site and to the surrounding open space. D. A pedestrian and vehicular circulation system designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development, A central spine of vehicular circulation allows efficient access and takes advantage of the elongated east -west axis of the site, creating a maximum 5% grade. There is parking under or near each building. The entire site is served by a Town of Vail bus stop and a bicycle /pedestrian path which will ultimately connect to the pedestrian bridge, reducing the need for cars overall. Pedestrian circulation within the site takes place along a corridor which follows the central spine yet remains separate from vehicular traffic. E. Environmental impacts resulting from the proposal have been identified in the projects environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. Yes, these impacts have been identified in the environmental impact report, and will be implemented as a part of the proposed development plan. A preliminary mitigation plan has been submitted to the PEC, and a mitigation specialist has been retained to finalize the construction plans. 49 09/20/2002 09:38 3036707162 UDELL ARCHITECT PAUL 02 /175 Ear y Learning Center at Middle Creek Affordable Housing The =arty Learning Center replaces the ABC-Learning Tree Child Care center currc-Mly on the Mountain Bell site. The new building will house 5 classrooms, a studio area, kitchen, ad minis-:rative and outdoor play areas. it will accommodate 12 -15 staff members and serve up to 60 children from the ages of 2 to 5 -1/2 in a carirg and educational envir6nment_ The nature of the proposed use is further described in the summary poigrarn provided. RELATIONSHIP TO DEVEL_QPMENT OBJECTIVES_ The Early Learning Center replaces are already existing childcare center on the Mountain Bell site. There should be no additional impact on the Town of Vail Devolopment Objectives. 0 EFFECT ON PUBLIC FACILITIES AND AREAS' As the proposed Early Lean ^ing Center replaces a use which already exists on the Mountain Bell Site, it sh,w-aald have no additional measurable effects on public facii'ities areas. EFFECT UPON TRAFFIC: Thh; information is listed in the provided traffic study. COMPATIBILITY ISSUES'. Considerable measures will be taken to separate the busy activities of the housing development from t7e quieter activities of the early leaming center. The Early Learning Center is on the East end of the site, separated from all of the is 09/20/2002 69 :38 3036707152 ODELL ARCHITECT PAGE 03%05 livinc units. There is a separiAe entrance from North Frontage Read providing access to 22 parking spaces dedicated to the Early beaming Center facility. A turn;,Jound provides easy dreop off for patrons and provides the required maneuvering space for emer ;ency vehicles. Because of its position can the east(rrn end of the site, the E=LC has access to the open space surrounding the Mountain Bell site as well. Ire addition, the adjacency of the housing and childcare uses provides resi�iu nts of the development with the opportunity to fulfill their child -care needs on- site., enhancing the nature of this transit- oriented development. CH &RACTER: The character of the Early Learning Center should benefit the surrounding area. The siting of the new ELC near Frontage Road will allow it to take on a new visitility, separate from the Middle Creek development itself and the Mountain Bell building. It will become a beacon in the community as a center of learning and a place for young childron. s 0 r 09/20/2002 09:3B 3036707162 • Summary Ea e Sun.lma CDELL ARCHITECT inn Center Program PAGE 04/05 The Early Learning Center is an all -day school program. The ages of the children range from 2 to 5-1j2 years. The ELC building has an ,approximate gross floor area of 4,800 square feet on two floors. The area on the first floor, approximately 3,990 square Feet, is dedicated to classrooms and children's areas. Administrative functions occupy approximately 830 square feet on the second floor. An outdoor area with a gross area of approximately 4,100 square feet resides to the east and west of the early learning center. This area will con-lain toddler and preschool play areas. Numbers* Up lo 15 toddlers (2 to 3 years) 45 l;,reschool age children (t. to 5 -112 years) 12 Staff full -time members xnd 2 part-time staff members Parkin : ThE!re are 17 parking space.-3 provided, which has been accepted by the ABC - Learning Tree staff. Main Elements: Two toddler classrooms sea ling up to 8 children each (45 sf per child ^ min. 360 sf) Thrye preschool classroomm. serving 15 children each (45 sf per child = min. 675 sf ) A s':udlo for large projects 0 09/20/2002 69:38 3036707162 ODELL ARCHITECT PAGE 05/05 ` Kitchen for snack preparation (including refrigerator, stove, microwave and sink) Administrative area for staff Toddler playground (75 sf per child = min. 1200 sf if all children are out at the sam$1 time) Preschool playground (75 sf per child = mitt. 3375 sf if all children are out at the sam-3 time) L: .7 • • It 09/20/2002 09:38 3036707162 ODELL ARCHITECT FACE U2/W!3 0 Ear y Learning Center at Middle Creek Affordable Housing The =arly learning Center replaces the ABC - Leaming Tree Child Care center curr(--.!ntly on the Mountain Bell site. The new building will house a classrooms, a studio area, kitchen, adminis-:rative and outdoor play areas• it will accommodate 12 -15 staff members and serve up to BO children from the ages of 2 to 5 -112 in a carirg and educational environment. The nature of the proposed use is further desc-ribed in the summary pograrn provided. RELATIONSHIP TO DEVELOPMENT OBJECTIVES: The Early Learning Center replaces an already existing childcare center on the Mountain Bell site. There should be no additional impact on the Town of Vail Devi.lopment Objectives. 0 EFFECT ON PUBLIC FACII -ITIES AND AREAS; As the proposed Early Leaming Center replaces a use which already exists on the Mountain Bell Site, it shy i ld have no additional measurable effects on public facilkties areas. EFFECT UPON TRAFFIC: This: information is listed in the provided traffic study. COMPATIBILITY ISSUES: Corsiderable measures will be taken to separate the busy activities of the housing development from tie quieter activities of the early leaming center. The Early Learning Center is on the East end of the site, separated from all of the • 09/20/2002 09:33 3036707162 ODELL ARCHITECT PAGE 03/05 livinc units. There is a separ4te entrance from North Frontage Road providing access to 22 parking spaces dedicated to the Early Learning Center facility. A turns;iround provides easy drop off for patrons and provides the required maneuvering space for emergency vehicles. Because of its position on the eastorn end of the site, the ELC has access to the open space surrounding the Mou stain Bell site as well. In addition, the adjacency of the housing and childcare uses provides resi��ients of the development with the opportunity to fulfill their child -care needs on- site, enhancing the nature of this transit - oriented development. CH /!B CTER: The character of the Early Learning Center should benefit the surrounding area. The siting of the new ELC noar Frontage Road will allow it to take on a new visitility, separate from the Middle Creek development itself and the Mountain Bell building, It will become a beacon in the community as a center of learning and a place for young children. t • 09/20/2Oe2 09:38 3036707162 Surnmary Eariv L,ea n n Summa ODELL ARCHITECT rater Program PACE 04/05 The Early Learning Center is an all -day school program. The ages of the children range from 2 to 5 -112 years. The ELC building has an approximate gross floor area of 4,800 square feet on two floors. The area on the first floor, approximately 3,990 square feet, is dedicated to classrooms and children's areas. Administrative functicons occupy approximately 830 square feet on the sec(ind floor. An outdoor area with a gross area of approximately 4,104 square feet resides to the east and west of the early learning center. This area will con-lain toddler and preschool play areas. Numbers: Up to 15 toddlers (2 to 3 years) 45 preschool age children (ti to 5 -112 years) 12 ;tall full -time members z nd 2 part -time staff members Parki� 'nq. . ThE!re are 17 parking space!i provided, which has been accepted by the ABC - Learning Tree staff. Main Elements: Two toddler classrooms serving up to 8 children each (45 sf per child = min. 360 sf) Three preschool classrooms: serving 15 children each (45 sf per child = min. 6i5 sf ) A s -:odic for large projects 09/20/2002 09: 38 303.6707162 ODELL ARCHITECT PAGE 05/05 Kit&en for snack preparation (including refrigerator, stove, microwave and sink) Administrative area for staff Toddler playground (75 sf per child = min. 1200 sf if all children are out at the sarnia time) Preschool playground (75 sf per child = min. 3375 sf if all children are out at the same time)' s • • Environmental Impact Report for the proposed !Fiddle Creek Village Vail, Colorado • Prepared by. Stewart Environmental Consultants, Inc. Consulting Engineers and Scientists Fort Collins, Colorado August 2001 • Attachment: G k TABLE OF CONTENTS FIGURES 1. Location Map 2. Aerial Photo 3. Site Map 4. Photographs APPENDICES A. Eagle County List 0 Page I. INTRODUCTION ............................................................................................................ ............................... 1 ............................... II. PURPOSE ....................................................................................... ..............................1 III, PROJECT BACKGROUND AND DESCRIPTION ................................................ .. .................................. _ 2 SiteConcept ................................................................................................................... ..............................2 BuildingConcept ............................. ............................... .......... 2 IV. SITE DESCRIPTION AND ENVIRONMENTAL INVENTORY ..................................... ............................... 3 Location ................ ............................... 3 Zoning...................................... ............................... .....3 SiteUsage ..................................................................................................................... ............................... 3 HydroiogicConditions ..................................................................... ............................... ...... 3 GeologicConditions ...................................................................................................... ............................... 4 BiotscConditions, ...................... ......................................................................................................... 4 V. ENVIRONMENTAL CONCERNS AND RECOMMENDATIONS ........................... ... ....... ..... .......... ......... _ 5 Vl. OTHER ENVIRONMENTAL CONDITIONS ................................................................. ............................... 7 A. Land Acquisitions and Displacements ...................................................................... ............................... 7 B. Land Use and Zoning.._ ............................................................................................ ........................ . . . . -. 7 C. Visual Conditions ...................................................................................................... ............................... 7 D. Air Quality ..... ..... ............................... E. Noise ........ ........................... .... 8 F. Light Pollution ............................................................................................................ ............................... 8 G. Flooding .................................................................................................................... ............................... 8 H. Navigable Waterways and Coastal Zones.. ............................................................................................. 8 1. Traffic and Parking .... ......... — .............. ................................ ..................................................................... . 8 J. Energy Requirements and Potential for Conservation .............................................. ............................... 8 K. Construction ........................................................................................... ............................... 9 L. Aesthetics ................................................................................................................ ............................... 10 M. Community Disruption ............................................................................................ ............................ ... 10 N. Secondary Development ............. ............................................................. ,...... ................. ..................... 11 O. AGENCIES AND PERSONS CONSULTED ......................................................... ............................... 11 VII. SUMM4 RY .................................................................................................................. .............................11 VIII. ASSESSOR QUALIFICATIONS .............................................................................. ............................... 14 FIGURES 1. Location Map 2. Aerial Photo 3. Site Map 4. Photographs APPENDICES A. Eagle County List 0 • I. INTRODUCTION Odell Architects, PC retained Stewart Environmental Consultants Inc. to perform an Environmental Impact Assessment of the proposed Middle Creek Village development. The property is located adjacent to the Mountain Bell facility, directly north across Interstate 70 from Vail Village. The proposed project consists of multi- family housing constructed on a 6.5 -acre site owned by the Town of Vail. The purpose of the project is to provide affordable housing for people currently employed in Vail, who are presently living in or near the community. The project owner is Coughlin and Company, 140 East 19'h Ave., Suite 700, Denver, Colorado 80203 -1035. The site location is depicted on Figures 1 through 3. Photographs of the site are provided as Figure 4. 11. PURPOSE The purpose of performing the Environmental Impact Assessment is to achieve the following objectives: A. Availability of Information: To ensure that complete information on the environmental effects of the proposed project is available to the Town Council, the Planning and Environmental Commission, and the general public. B. Environmental Protection A Criterion: To ensure that long -term protection of the environment is a guiding criterion in project planning, and that land use and development decisions, both public and private, take into account the relative merits of possible alternative actions. C. Review and Evaluation Procedure: To provide procedures for local review and evaluation of the environmental effects of proposed projects prior to granting of permits or other authorizations for commencement of development. D. Avoid Geologic Hazard Areas: To ensure that the buildings are not constructed in geologic hazard areas, by way of illustration, flood plains, avalanche paths, rockfall areas, where such hazard cannot practically be mitigated to the satisfaction of the Planning and Environmental Commission and the Town Council. E. Protect Water Quality: To ensure that the quality of surface water and ground water within the Town of Vail will be protected from adverse impacts and/or degradation due to construction activities. [Ord. 37 (1980) 10: Ord. 19 (1976) 14: Ord. 8 (1973) 16.100] 2850 -001 Environmental Impact Report Page 1 of 14 Middle Creek Village Vail, Colorado Ill. PROJECT BACKGROUND AND DESCRIPTION Site Concept The initial conceptual design approach for Middle Creek Village housing is meant to reflect a new model of multi family housing in mountain communities. The site parameters and community context were the prime motivators for the layout of the buildings and parking: however, the solution incorporates some planning principles of a more "urban" nature. The buildings are arranged around a pedestrian oriented "street" which creates an axis running east to west across the site. The "street" rises to the center of the project, following the contours of the site. Entries into individual units as well as project amenities will occur along the path, and it is envisioned to include both hardscape and Landscape areas. The pedestrian street will be an active place reminiscent of other village centers in the community. Encouraging the use of alternate transportation, our team proposes to work with the Colorado Department of Transportation and the Town of Vail to create a project specific transit stop, as well as develop pedestrian and bicycle access from the site into town. These are accessible to the residences along a central pedestrian spine that runs down the hill and through a two -story opening in the center building, ending at the proposed transit stop. Given that a large segment of the market for this project will be seasonal employees, our team believes the daily use of the automobile can be minimal, Consequently, the relationship between the car and the building is downplayed in our solution. Separating vehicle parking from the buildings allows the project to create a pedestrian oriented "village" character and allows the buildings to be sited closer together, thus visually reinforcing this image. This is similar to the exterior pedestrian spaces created by the architecture at areas such as Bridge Street in Vail Village and Lionshead Village. The siting of the parking areas behind the buildings will also help shield views of the lots from the frontage road and from across the valley. The Early Learning Center has been sited to the far eastern edge of the site, but is easily accessible from the residences on the loop road. This configuration provides a nicely separated site for the children's facility. The overall site concept adheres closely to the existing contours of the site. The buildings rise and fall across the length of the site with the terrain, creating an undulating profile that further reinforces the "village" concept. Building Concept Further reinforcing the "village" concept, the buildings are designed as three separate building types. All the buildings will be one unit deep, creating cross flow ventilation and economy of construction. There are no enclosed walkways or stair towers, as the site allows the majority of units to be accessed at grade. Internal floor plans will develop stacked plumbing cores, and the mix of units will be designed to minimize structural offsets and maximize construction simplicity. Each of the six residential buildings includes a one -story element on the end which houses laundry and storage facilities for that building. The building orientation creates maximum 2850 -001 Environmental Impact Report Page 2 of 14 Middle Creek Village Vail, Colorado southern exposure for every unit. The fact that the buildings are simply one unit deep creates excellent opportunities for flaw - through ventilation. Our proposal will incorporate highly efficient mechanical and electrical designs. We believe on a scale of zero to five our development will achieve a five, or the highest efficiency rating available. Since all units are accessed from grade or a small stair, there are no interior corridors to heat or cool, further enhancing overall energy efficiency. Please refer to our preliminary LEED evaluation in Section VI -J for additional information on energy and sustainability. The overall character of the building design is meant to reinforce the "village" concept, with varying building types, massing, and styles creating a cohesive whole. Stylistically, we will incorporate the tradition of Vail galley architecture while maintaining an economical design. This can be achieved by the judicious use of distinct design elements throughout the project, In a cost sensitive project, forms may be simple, but the sensitive use of massing, scale, and rhythm can create an architecturC that is respectful of, and complimentary to, the surrounding architecture of Vail Valley. The exciting architectural design and pedestrian street space will create a of choice for potential employees. IV. SITE DESCRIPTION AND ENVIRONMENTAL.. INVENTORY Location The subject property is an irregular shaped, approximate 6.5 -acre mountainside site; its location is described as a part of the South 1/2 of the Southeast 1/ of Section 6, Township 5 South, Range 80 West of the 6 °h PM, Town of Vail, Eagle County, Colorado. The property adjoins the existing Mountain Bell property located north of the 1 -70 North Frontage Road_ Zoning A majority of the subject site is presently zoned "NAPD" (Natural Area Preservation District), and a small portion of the site Where two early learning centers are located is zoned "G" (General). The proposed project will require rezoning the 6.5 -acre site to the designation °H" (Housing). Site Usage The property is owned by the Town of Vail. Onsite development includes two small wooden structures presently housing early childhood learning centers. They are located directly east of the offsite Mountain Bell structure. Site development plans call for demolition of the two early childhood learning facility structures with construction of a new learning center at the southeast portion of the site. The remainder of the site is undeveloped open land except for the existing road and parking area that serves the off -site Mountain Bell facility and the onsite early learning facilities. The proposed use of the property was described in Section 1, above. Hydrologic Conditions No surface bodies of water are located on the proposed project site, Onsite surface drainage is mainly via sheet flow and is generally southerly, although the western portion of the site likely drains to Middle Creek, located off site just to the west of the entry road. A man -made drainage 2850 -001 Environmental Impact Report Page 3 of 14 Middle Creek Village Vail, Colorado channel adjoins the eastern side of the Mountain Bell structure. Soil and drainage issues are described in reports provided uncer separate cover by Koechlein Engineering and Peak Land Consultants, Inc. Geologic Conditions A geologic report by RJ Irish, Consulting Engineering Geologist, Inc. is provided under separate cover. Biotic Conditions Ecologically, the property is located in the Montane Zone at elevations of approximately 8,220 to 8 „300 feet above mean sea level on a southerly aspect. Regarding plant communities, the site is described as complex as it contains elements of several communities. These include Montane Grasslands and Mixed Mountain Shrubland located on the eastern portion of the mountainside with Aspen stands occurring at the southeastern portion of the site. These communities include representatives of most of the life forms of the plant kingdom including ferns, grasses, forbes, shrubs, and trees. Native and non - native vegetation is present including invasive species of noxious weeds. The western area of the property is mainly Montane Riparian Forest dominated by Narrow -leaf Cottonwoods (Populus angustafoiia) and a scattering of Thin -leaf Alder (Alnus incana) and Aspen (Populus tremuloides). Presence of Aspen as well as species of invasive weedy forties indicate the likelihood of past disturbance such as fire. Climax community species such as Colorado Blue Spruce (Picea pungens) are located off site higher up the Middle Creek drainage, but Blue Spruce and other climax community trees were not observed on site. Wildlife uses the site; large mammals including deer and elk browse on the Serviceberry and Current located in the Mixed Mountain Shrubland Community. Other mammals including Black Bear, Coyote, Fox, Rabbits, Chipmunks, Golden - mantle Ground Squirrels, Pocket Gophers, and other rodent species likely feed and /or inhabit the site. Reptiles, such as species of Garter Snakes also likely inhabit the site. No major wildlife migratory routes appear to be located on site. Although Middle Creek is located off site directly west of the property's western boundary, the creek is not likely used as a migratory corridor. Interstate70 and development adjoining the south side of 1 -70 preclude use of the corridor for migratory use. Middle Creek is contained within a culvert from the north side of 1 -70 to its confluence with Gore Creek south of 1 -70. No known threatened or endangE!red species of plants or animals have been identified at the site. However, no onsite survey, for such species are known to have been performed. The Colorado Natural Heritage Program's Conservation Status Handbook (1999) lists the status of various animals, plants, and plant communities found in Eagle County. A copy of the Eagle County list is provided in Appendix: A. We recommend having the Colorado Natural Heritage Program perform a GIS "Environmental Review” of the subject site and adjacent area. The review searches known ecological information regarding the status of plants, plant communities, and animals within a specified radius of the subject property. The review will report the status of these communities. Middle Creek, a relatively pristine stream that likely contains Native Cutthroat Trout, traverses the adjacent property to the west of the subject site. The creek flows out of a saddle located to 2850 -001 Environmental Impact Report Page 4 of 14 Middle Creek village Vail, Colorado L71 the north upslope from the site. It flows southerly down slope, jogs west around the Mountain Bell building, and then flows southerly for approximately 150 feet paralleling the west side of the entry road to Mountain Bell, It enters a culvert beneath 1 -70 and the associated frontage roads and flows through the culvert south of 1 -70 to its discharge point into Gore Creek south of the interstate. Gore Creek flows weste0y to its confluence with the Eagle River near Mintum. The existing creek channel may not be the historic creek channel_ Stream modification (channelization) appears to have been conducted upstream of the culvert adjacent to the entry road. This 150 -foot reach is likely the closest location of the stream to the subject property. The stream bank, as well as its associated vegetation, appears disturbed along this reach. Observed vegetation was mainly upland in nature with both native (Western wheat grass - Agropyron sp.) and non - native species of grasses (brome- Brornus enurmus), as well as invasive noxious weeds (See Figure 4 photographs, page 2). Upstream from this reach and off site from the subject property, a riparian corridor of wetland vegetation adjoins the stream channel. Adjoining the east side of the entry road, adjacent to its 150 -foot north /south orientation, is a Narrow -leaf Cottonwood (Populus angustifolia) community_ This species is referenced in the U.S. Department of the Interior, Fish and Wildlife Service publication, National List of Plant Species That Occur In Wetlands: Intermountain (Region 8). Its indicator category is listed as "Facultative ", which is described as "Equally likely to occur in wetlands or nonwetlands (estimated probability 34 %-66 %). The presence of this community may be due to a former location of the stream channel or may be due to high groundwater conditions existing near the stream channel. The Narrow -leaf Cottonwood Community continues to the north (off site) and south (on site) of the entry road after the road turns east. Figure 4 Photographs, page 2, depicts the entry road along its east /west orientation with the Narrow -leaf Cottonwood Community adjoining both sides of the road. The presence of this community is an indicator of the potential existence of wetlands; it does not necessarily --onfirm their presence. Actual wetland existence can only be determined by performing a wetland assessment, which not only considers vegetation type, but also investigates other factors including the presence of hydric soils and wetland hydrology. Montane Environmental Solutions of Vail, Colorado is presently investigating wetland issues at the site. A letter regarding the sta-us of their investigation is provided under separate cover. V. ENVIRONMENTAL CONCERrJS AND RECOMMENDATIONS The proposed Middle Creek Village will impact plant and animal communities presently inhabiting the property. Site development including earth moving activities and buildinglparking lot construction will strip a majority of the existing native and non - native vegetation and displace wildlife from the approximate 6,5--acre site. However, existing vegetation and wildlife are not site specific. Surrounding property to the north, east, and west contain vast square miles of similar plant communities, wildlife habitat, and wildlife species. The loss of these 6.5 acres does not represent a significant impact to the plant and animal communities. Displaced wildlife will find and inhabit nearby similar habitat. 2850 -001 Environmental Impact Report Page 5 of 14 Middle Creek Village Vail, Colorado Landscaping including grass, shrubs, and trees will cover a minimum of 30% of the developed site. Middle Creek Village will be sensitively integrated into environmental surroundings. Birds, insects, and possibly small mammals will utilize the landscaped areas, which will mitigate some habitat loss. The presence of Middle Creek Village will have impacts on use of adjacent property by wildlife -- particularly large mammals. Increased human presence and reflected light may influence adjoining habitat use. Adjoining property is private so that residents of the village should not be using adjoining properties. Human /bear interaction is possible. All trash dumpsters will need to be covered and otherwise made bear proof. Lighting designed to reduce reflected light and conform to the Town of Vail building code will be incorporated into the site design. Impact to Middle Creek from surface runoff will be minimized. Potential impacts include grease /oil runoff from paved parking areas and sand /gravel runoff from winter sanding of roads. The location of accumulated snow piles resulting from plowing will be addressed. The piles will be located such that snowmelt containing grease, oil, silt, sand, and gravel do not impact Middle and Gore Creeks. Any such contaminants discharged to Middle Creek may impair water quality of the creek and potentially impact the fisheries of both Middle and Gore Creeks. Engineered drainage swales, berms, dikes, etc. will be incorporated into the project design to prevent impact to Middle Creek. Construction will be in accordance with all applicable local, state, and federal regulations and standards. If dewatering is required during construction, water will be retained on site. As previously referenced, drainage issues are addressed in a report under separate cover. Montane Environmental Solutions is performing a wetland assessment. As previously referenced, a potential exists for the existence of jurisdictional wetlands in the vicinity of the Barrow -leaf Cottonwood f=orest located adjacent to the existing access road. The presence of this community is an indicator of the potential existence of wetlands; it does not necessarily confirm their presence. We recommend performing a wetland assessment conforming to US Army Corps of Engineers (The Corps) guidelines. If on -site wetlands are identified, several alternatives are available, These include: 1) establishing development setbacks from the wetlands 2) wetlands can be taken through the 404 Permitting process and replacement performed to mitigate the loss or 3) if the wetlands are below minimum surface areas established by the Corps„ they may be removed and built upon. If on -site jurisdictional wetlands are identified, The Corps is the agency regulating such matters. A parking facility is proposed at a location just east of the Mountain Bell structure. Middle Creek lies north and west of this area. Impacts to the riparian corridor and wildlife using the corridor adjacent to Middle Creek will to be minimized, This can be accomplished by constructing the parking area as far as possible from Middle Creek. Drainage issues as previously referenced are also a concern in this area of the site. Engineered drainage swales, berms, dikes, etc. will be incorporated into the project design to prevent impact to Middle Creek. • 2850 -001 Environmental Impact Report Page 6 of 14 Middle Creek Village Vail, Colorado • VI. OTHER ENVIRONMENTAL CONDITIONS A. Land Acquisitions anti Displacements The impact is "Generally Not Significant ". Approximately 6.5 acres of land is required; the developer /project owner is Coughlin and Company, 140 East 19th Ave., Suite 700, Denver, CO 80203 -1035. The Town of Vail owns the land. It is proposed that the Town of Vail will lease the site to the developer for a 53 -year period at which time the property will revert to the Town. Two displacements will result from implementation of the proposed project. The ABC and the Learning Tree early childhood learning centers will be displaced. The existing buildings will be demolished, and new facilities will be constructed at the southeastern portion of the site. State regulations require a full National Emissions Standards for Hazardous Air Pollutants (NESHAP) asbestos inspection of the buildings prior to demolition. If the inspection identifies asbestos - containing materials, regulations require their removal prior to demolition of the buildings. No minority communities, households, or minority -owned businesses are located on site, and therefore, will not be impacted by any potential negative environmental concerns such as noise, air, or water pollution; or from the construction of the facility. B. Land Use and Zoning The impact is 'Generally Not Significant'. A majority of the subject site is presently zoned "NAPD" (Natural Area Preservation District), and a small portion of the site where two early learning centers are located is zoned G. The proposed project will require rezoning to the designation "H" (Housing). C, Visual Conditions Parking areas will be located behind housing thereby shielding it from view from the Town of Vail. Overall project farm and massing is in character with existing Vail Village. The height, mass, and materials that will be used in the proposed Middle Creek Village will convey a sense of permanence and contextual and regional appropriateness. D. Air Quality The impact is "Generally Not Significant'. The project will conform to all applicable local, state, and federal air quality regulations and standards, including, but not limited to those regulating odor, dust, fumes of gases, which are noxious, toxic, or corrosive, and suspended solid or liquid particles. 2850 -001 Environmental Impact Report Page 7 of 14 Middle Creek Village Vail, Colorado Fireplaces will not be installed in the development thereby eliminating wood smoke. There will be no balconies or decks that would provide space for grills or barbecues. There may be a grill in a public area of the complex. The Middle Creek Village project is designed to discourage vehicle usage and encourage other modes of transportation such as buses, biking, and walking. TDA of Colorado performed a transportation impact analysis regarding the proposed Middle Creek Village. Their report is provided under separate cover. The report indicates that the impact of traffic generated by the proposed project will be "Generally Not Significant ", E. Noise The impact is "Generally Not Significant ". Stewart Environmental identified no noise - sensitive land uses on adjacent properties. The proposed site is located adjacent to the north side of 1-70. The noise from the interstate is far greater than any that would be produced by the development. F. Light Pollution The Middle Creek Village development will have minimal light trespass from the residential buildings. G. Flooding The impact is "Possibly Significant ". Peak Land Consultants, Inc. addresses flooding issues in a report provided under separate cover. H_. Navigable Waterways and Coastal Zones The impact is "Generally Not Significant ". The proposed site is not located near or affected by a navigable waterway or a coastal zone. I. Traffic and Parking The impact is "Generally Not Significant ". TDA of Colorado performed a traffic study. Their report is provided under separate cover. J. Energy Requirements and Potential for Conservation The impact is "Generally Not Significant ". • The proposed project is expected to result in energy conservation. The Vail Affordable Housing Project, Vail, Colorado incorporates principles of sustainable design and utilizes design strategies to reduce its energy and environmental impact. The U.S. Green Building Council's is 2850 -001 Environmental Impact Report Page 8 of 14 Middle Creek Village Vail, Colorado Leadership in Energy and Environmental Design (LEED) rating system is here used as a preliminary sustainable design measure of the project. As it is currently written, LEED version 2.0 is a system designed to rate new and existing commercial, institutional, and high -rise residential buildings. It specifically rates low -rise residential projects. The USGBC is currently developing a residential version of the LEED rating system. Nevertheless, the sustainable design principles embodied in LEED v. 2.0 serves as useful goals, guidelines, and measure for sustainable features of the Vail Affordable Housing Project. The LEED rating system consists of seven prerequisite criteria and 32 user - selected criteria organized into five categories: • Sustainable Site Development • Water Efficiency • Energy and Atmosphere • Materials and Resources • Indoor Environmental Quality LEED is a voluntary, consensus- based, market - driven building rating system based on available proven technology that evalua1.es environmental performance from a "whole building" perspective over a building's life cycle. The following preliminary LEED analysis incorporates input from the design team to more accurately evaluate the conceptual design of the Vail Affordable Housing Project. K. Construction 0 The impact is "Generally Not Significant Construction of the Middle Creek Village is anticipated to commence in March 2002 and will last for approximately 18 months, therefore any construction impacts will be temporary and of short duration. All construction staging will be located on site and construction activities predominantly will be confined to this site. Contractors will be required to obtain the necessary permits and comply with all relevant town, state and federal regulations regarding_ construction and safety. Potential construction impacts are described below. Noise No noise- sensitive land uses are located on adjacent property. Construction hours and noise levels will comply with the Town of Vail policies. Disruption of Utilities It is anticipated that there will be no disruption of utilities, and therefore no significant impact with this activity. Construction of all utilities to serve the site will be contained within the proposed site. Disposal of Debris and Spoil 2850-001 Environmental Impact Report Page 9 of 14 Middle Creek Village Vail, Colorado Demolition of two building; is required as previously referenced. All construction debris will be disposed at an approved landfill and transported on designated truck routes. The general contractor will be responsible for on -site cleanup and disposal of debris. Soil fill may be required to elevate buildings above the 100 -year flood plain. Disposal of soil is not required. Water Quality and Runoff Project construction will not impact existing water quality. The general contractor will comply with water quality requirements for site construction to meet state water quality regulations. Best Management Practices (BMPs) will be implemented during construction including the use of erosion control measures. Access and Disruption of Traffic City streets will not have any significant impact since the site is located directly off the I- 70 North f=rontage Road. Any frontage road diversions will be addressed with a detour plan. Air Quality and Dust Control Standard construction practices and BMPs will be used to control and minimize onsite dust and emissions. Safety and Security Standard construction safety measures will be observed on site. Town of Vail police will ensure security. Disruption of Businesses, No businesses are located in the immediate vicinity of the project area. L. Aesthetics The impact is "Generally Not Significant ". The height, mass, and materials that will be used in the proposed Middle Creek Village will convey a sense of permanence and contextual and regional appropriateness. In addition, the facility design will promote an orderly circulation and efficient integration of buses, other vehicles, and pedestrians. M. Community Disruption The impact is "Generally Not Significant ". No businesses or residential sectors will be disrupted or displaced, and no segments of the community will be isolated as a result of this proposed project. 0 2850 -001 Environmental Impact Report Page 10 of 14 Middle Greek Village Vail, Colorado f� N. Secondary Development The impact is "Generally Not Significant". The proposed project will not generate secondary development. The project is an outcome of the community's determination to provide affordable housing for people already employed in Vail and are presently living in or near the community. The proposed housing project indirectly addresses the cause of traffic - related problems. Q. AGENCIES AND PERSONS CONSULTED Agencies and Personnel Colorado Division of Wildlife, Vail Area — Bill Andree, Wildlife Conservation Officer Colorado Natural Heritage Program at Colorado State University— Beth Van Dusen Denver Regulatory Office, U.S. Army Corps of Engineers, Terry McKee Colorado State University, Department of Entomology, Phyllus Pineda References Used 1. Colorado Natural Heritage Program, Conservation Status Handbook, Volume 3, No. 2, May 1999. 2. Fish and Wildlife Service, US Department of the Interior, National List of Plant Species That Occur in Wetlands: Intermountain (Region 8), Biological Report 88, May 1988. 3. Mitsch, WJ & Gosselink, JG, Wetlands, Van Nostrand Reinhold, 2nd Ed, 1993. 4. Kittel, G., E. Van Wie, M. Damm, R. Rondeau, S. Kettler, A. McMullen, and J. Sanderson. 1999c. A Classification of Riparian Wetland Plant Associations of Colorado: User Guide? to the Classification Project. Colorado Natural Heritage Program, Colorado State University, Fort Collins, CO 80523 VII. SUMMARY Odell Architects, PC retained Stewart Environmental to perform an Environmental Impact Assessment of the proposed Middle Creek Village development located in Vail, Colorado. Based on the findings contained in this report, the following conclusions have been drawn and opinions and recommendations made; 2850 -001 Environmental Impact Report Page 11 of 14 Middle Creek Village Vail, Colorado Findings, Conclusions, Opinions and Recommendations The proposed Middle Creek Village development is located adjacent to the Mountain Bell facility, directly north across Interstate 70 from Vail Village. The proposed project consists of multi - family housing constructed on a 6.5 -acre site owned by the Town of Vail. The project will not promote secondary development. The purpose of the project is to provide affordable housing for people currently employed in Vail who are presently living in or near the community. The project owner is Coughlin and Company, 140 East 1V Ave., Suite 700, Denver Colorado 80203 - 1035. A majority of the subject site is presently zoned "NAPD" (Natural Area Preservation District), and a small portion of the site where two early learning centers are located is zoned G. The proposed project will require rezoning to the designation "H" (Housing). Environmental issues regarding the proposed project are addressed in reports provided under separate cover. These include a) geologic hazards - RJ Irish, Consulting Engineering Geologist, Inc., b) drainage issues - Peak Land Consultants, inc., c) soils - Koechlein Engineering, and d) traffic — TDA of Colorado. 4. Wetland issues were identified and are addressed within this report. Montane Environmental Solutions of vail, Colorado is presently performing an in -depth investigation of the wetland issues. A letter regarding the status of their investigation is provided under separate cover. Wildlife uses the site; large, mammals including deer and elk browse on the Serviceberry and Current located in the Mixed. Mountain Shrubland Community. Other mammals including Black Bear, Coyote, Fox, Rabbits, Chipmunks, Golden- mantle Ground Squirrels, Pocket Gophers, and other rodent species likely feed and /or inhabit the site. Reptiles, such as species Of Garter Snakes also likely inhabit the site. No major wildlife migratory routes appear to be located on site. Although Middle Creek is located off site directly west of the property's western boundary, the creek is not likely used as a migratory corridor. Interstate70 and development adjoining the south side of 1 -70 preclude use of the corridor for migratory use. Middle Creek is contained within a culvert from the north side of 1 -70 :o its confluence with Gore Creek south of 1 -70. 6. No known threatened or endangered species of plants or animals have been identified at the site. However, no cn -site surveys for such species are known to have been performed. The Colorado Natural Heritage Program's Conservation Status Handbook (1999) lists the status of various animals, plants and plant communities found in Eagle County. A copy of the Eagle County list is provided in Appendix A. We recommend having the Colorado Natural Heritage Program perform a GIS "Environmental Review" of the subject site and adjacent area. The review searches known ecological information regarding the status of plants, plant communities and animals within a specified radius of the subject property. The review will report the status of these communities. 7. The proposed Middle Creek Village will impact plant and animal communities inhabiting the property. Site development including earth moving activities and building /parking lot 2550 -001 Environmental Impact Report Page 12 of 14 Middle Creek Village Vail, Colorado • construction will strip a majority of the existing native and non - native vegetation, including noxious weeds, and displace wildlife from the approximate 6.5 -acre site. However, existing vegetation and wildlife are not site specific. Surrounding property to the north, east and west cDntain vast square miles of similar plant communities, wildlife habitat and wildlife species. The loss of these 6.5 acres does not represent a significant impact to the plant and animal communities. Displaced wildlife will find and inhabit nearby similar habitat. 8. The presence of Middle Creek Village will have impacts on use of adjacent property by wildlife, particularly large mammals. Increased human presence and reflected light may influence adjoining habitat use. Adjoining property is private so that residents of the Village should not be using adjoining properties. Human /bear interaction is possible. All trash dumpsters will need to be covered and otherwise made bear proof. Lighting designed to reduce reflected light and conform to the Town of Vail building code will be incorporated into the site design. 9. Impact to Middle Creek from surface runoff will be minimized. Potential impacts include grease /oil runoff from paved parking areas and sand /gravel runoff from winter sanding of roads. The location of accumulated snow piles resulting from plowing will be addressed. The piles will be located such that snowmelt containing grease, oil, silt, sand, and gravel do not impact Middle and Gore Creeks. Any such contaminants discharged to Middle Creek may impair water quality of the creek and potentially impact the fisheries of both Middle and Gore Creeks Engineered drainage swales, berms, dikes, etc, will be incorporated into the project design to prevent impact to Middle Greek. Construction will be in accordance with all applicable local, state, and federal regulations and standards. If dewatering is required during construction, water will be retained on site. 10. A parking facility is proposed at a location just east of the Mountain Bell structure. Middle Creek lies north and west of this area, Impacts to the riparian corridor and wildlife using the corridor adjacent to Middle Creek will to be minimized. This can be accomplished by constructing the parking area as far as possible from Middle Creek. Drainage issues as previously referenced are also a concern in this area of the site. Engineered drainage swales, berms, dikes, etc. will be incorporated into the project design to prevent impact to Middle Creek. 11. Two displacements will result from implementation of the proposed project. The ABC and the Learning Tree early childhood learning centers will be displaced. The existing buildings will be demolished and new facilities will be constructed at the southeastern portion of the site. State regulations require a full National Emissions Standards for Hazardous Air Pollutants (NESHAP) asbestos inspection of the buildings prior to demolition_ If the inspection identifies asbestos- containing materials, mitigation (abatement/removal) per regulations will be performed prior to demolition of the buildings. 2850 -001 Environmental Impact Report Page 13 of 14 Middle Creek Village Vail, Colorado VIII. ASSESSOR QUALIFICATIONS 9 Stewart Environmental has performed environmental consulting services for more than 2,800 different clients since 1980. With a staff of 25 professional engineers, scientists, and technicians, Stewart Environmental is qualified to perform environmental impact assessments. The following is a list of Ivey Stewart Environmental personnel and their responsibilities on this project: Richard G. Patterson, PE -- Project Administrator Robert J. Blinderman, REPA -- Environmental Scientist Mr. Patterson (registered professional engineer) provided overall project administration and project review, Mr. Blinderman (M.S. Natural Sciences, M.S. Industrial Science, registered environmental property assessor, and certified asbestos inspector) performed the records review, site reconnaissance, interviews, local governmental official contacts, and prepared the report of the findings of the environmental impact assessment. Mr. Patterson reviewed the final assessment report. This report was: 0 Prepared by: Under the direction of: Robert J. Blinderman Richard G. Patterson, PE Environmental Scientist Vice President J 2850 -001 Environmental Impact Report Page 14 of 14 Middle Creek Village Vail, Colorado 0 Figures T / I Z 'N N.- -N, � N ,j ` W N_ -Ih ji f N� L -e N Z7 Al, 'N 10 lit' I j L ' N " in ;,:f Jytt y' IN N, NN -4-NN A A T. r 7 Paw SITE S.- ? LOCATION Z ip* 6 7 % % 0 rt ef 4 J, air— X z Z. 'J. F I Y; 2— 0�vf/, .7� 'NI z, 0( X. Q.: Em N. �%,. SOURCES: VAIL WEST, COLO. VAIL EAST, COLO. W--— E 17 112 1 MILE NW14 MINTURN 15" QUADRANGLE NW14 MINTURN 15" QUADRANGLE 39106-F4-TF-024 39106-F3-TF-024 1971) 1970 S SCALE 1 .- 24,000 Photorevised 1987 Phowevised 1987 DMA 4763111 NW- Se6es V877 DMA 4763 Ill NE - Series V877 CONTOUR INTERVAL 10 FEET !STEWART ENVIRONMENTAL 2850-001 Uddle Creek Village FIGURE 1 11' CONSULTANTS, INC. GATE Vail, Colorado -aA4 LOCATION MAP l Consulting Engineers and Scientists August 2001 STRIART ENVIRONMENTAL PRO., NUMp EER 2850 -041 W PROOECT Middle Creek Village FIGURE 2 DATE CONSULTANTS, INC. � Vail, Colorado AERIAL PHOTO Consulting Engineers and Scientists August 2001 11 I II I e i e 1 e l 0 �a ill Cl H 1L VJi s�} W� � J Ly U u� O? O en z a° I N Ln n � r <` tl � z N N Z uj N oz a >z Lz a� W 3 3 LU '6 2 in U v ONTI 0 • • • Appendix A Conservation Status Handbook. 1999 Eagle County, Colorado p. 147 - 149 County: Eab7e Amphibians CNHP Status and Ranking Regulatory Status Scientific Name Common Name Tracking Global Slate Agency Federal State Status Rank Rank Sensitive Status Status Bitfo boreas pop 7 boreal toad (Southern Rocky Mountain Y G4TIC2 57 FS C E population) Biids CNHP Status and Ranking Regulatory Status Scientific Name Common Name Tracking Global State Agency Federal State Status Rank Rank Sensitive Status Status Accipitergentilis Northern Goshawk W G5 538, FS /BL Aegolitts funereus Boreal Owl F 55 S2 FS Arrtphispizabelli Sage Sparrow P G5 S38, Bacepltnln isiandico Barrow's Goldeneye Y G5 S'B, BLM SC Cypselomdrsniger Black Swift Y G4 538 FS Falco peregrinus nnatum American Peregrine Falcon Y G4T3 S313, LE Gnu canadertsis tabida Greater Sandhtll Crane Y GST4 S2B, FS T Fish CNHP Status and Ranking Regulatory Status Scientific Name Common Name Tracking Global State Agency Federal State Status Rank Rank Sensitive Status Status Gila robusla round tail chub Y G2133 52 BLM SC Oncorhynchus clarki pleurilicus Colorado Rive, cutthroat trout Y G T3 53 FS /BL 5C Mammals CNHP Status and Ranking Regulatory Status Scientific Name Common Name Tracking Global State Agency Federal State Status Rank Rank Sensitive Status Status Guln gulo wolverine Y G-t 51 FS E Lynx caaadexsis lynx Y G5 Sl FS E Plecotus townsendii pallescens Townsend's big -eared bat subsp. Y G4T4 52 BLM Mussels and Snails CNHP Status and Ranking Regulatory Status Scientific Name Common Name Tracking Global State Agency Federal State Status Rank Rank Sensitive Status Status Lymnnen stagnnlis swampy lymnaea Y G5 S2 Pant Communities CNHP Status and Ranking Regulatory Status Scientific Name Common Name Tracking Global State Agency Federal State Status Rank Rank Sensitive Status Status ABIES LASIOCARPA -PICEA Montane Riparian Forests Y G5 S5 ENGELtAANNII/ALNUS INCANA ABIES LASIOCARPA -PICEA Montane Riparian Forests Y G5 S5 ENGELMA.NNIf/MERTENSIA C,LIATA ABIES LASIOCARPA -PICEA Montane Riparian Forest Y G5 59 ENGELMANNII/SA LIX DRUMMONEIIANA AL.NUS INCANA- CORNUS SERICEA Tliinleaf Alder- Red- C}iser Dogwood Riparian Y G3G4 53 Shrubiand ALNUS INCANA/MESIC FORS Thinleaf Alder /Mesic Farb Riparian Y G3G4Q S3 Shrubiand BETLILA OCCID NTA LIS/MESIC FORE Foothills Riparian Shrubland Y G3 52 CARDAMINE Alpine Wetlands Y G4 54 CORDIFOLIA -M ER TEN51A CAREXAQUATILIS Montane Wet Meadows Y G5 54 • ttttt3W • I IQ CAREX SCOPULORUM- CALTHA LEPTOSEPALA Alpine Wetlands Y G4 S4 CAREX UTRICULATA Beaked Sedge Montane Wet Meadows Y GS 54 CORNUS SERICEA Foohthills Riparian Shrubland Y G4 S3 DANTHONIA INTERMEDlA Montane Grasslands Y GU 5354 DESCHAMPSIA Mesic Alpine Meadows Y GU SU CESPITOSA- LIGUSTICUM ELEOCHARIS QUINQUEFLORA Alpine Wetlands Y G4 S3S4 JUNIPERUS Xeric Western Slope Pinyon-juniper Y GS 5U 05TEOSPERhWARTEMISM Woodlands JUNIPERLISSCOPULORUAKORNUS Riparian Woodland Y G4 S2 SERICEA PICEA PUNGENS /ALNUS INCANA Montane Riparian Forests Y G3 S3 PINUS EDULIS- JUNIPER US Xeric Western Slope Pinyon- Juniper Y GU SU OSTEOSPERMA/STIPA COMLITA Woodlands POPULUS ANGUSTIFOLIA- JUNIPERUS Montane Riparian. Forest Y G2G3 52 SCOPULORUM POPULUS ANGUSTIFOLIA -PICEA Montane Riparian Forests Y G4 S4 PUNGENS /ALNUS INCANA POPULUS ANGUSTIFOLIA/ALNUS Montane Riparian Forest Y G3? 53 INCANA POPULUS ANGUSTIFOLIAjCORNUS Cottonwood Riparian Forest Y G4 S3 SERICEA POPULUS ANGUSTIFOLIAISALIX Narrowleaf Cottonwood Riparian Forests Y Gl 51 ERIOC£PHALA VAR. LIGULIFOLIA -SHE PHER D!A POPULUS TREMULOIDESIACER Montane Riparian Forests Y G2 S152 GLABRUM {tUERCUS GAMBEL11- AMELANCHIER Mixed Mountain Shrubland Y G3G5 S'U UTAHENSIS SALIX Lower Montane Willow Carrs Y G3 53 D R UMM ONDIANAICALAhIAGROSTIS CANADENSIS SALIX DRUMMONDIANA/ME5ICFORB Drummonds Willow /Mesie Farb Y G4 $4 SALIX EXIGUA/BAR£ GROUND Coyote Willow/ Bare Ground Y GS S5 SALIX MONTICOLA/CALAMAGROSTIS Montane Willow Carr Y 03 53 CANADENSiS SALIX MONTICOLA/CAREX Montane Riparian Willow Carr Y G3 S3 UTRICULATA SALIX MONTICOLA/MESIC FORE Montane Riparian Willow Carr Y G3 53 SALIX PLANIFOLIA /CALAW C;R05TIS Subalpine Riparian Willow Carr Y G3 S3 CANA D£N515 SALIX PLANIFOLLA, ILTHA Subalpine Riparian Willow Carr Y G4 S4 LEPTOSEPALA SALIX bVOLFJ!/CAREX UTRICULJTA Subalpine Riparian Willow Carr Y G4 53 SHEPHERDIA ARGENTL-1 Foothills Riparian Shrubland Y G3G4 Sl Plants CNHF Status and Ranking Regulatory Status Scientific Name Common Name Tracking Global State Agency Federal State Status Rank Rank Sensitive Status Status Botnjchium lunaria Common Moonwort Y G5 5253 CYPripeuium jnsCCCL1hi:1 n1 Purple Lady's- 51ipper Y G4 53 FS Drriba rectafrucla Mlountain Whitlow -Grass Y G3? S2 Eriaphurum nitnicutn viii neogacuin Altai Cottongrass Y G47*11 S3 FS Gyrinocarpiurn dryopiens Oak Fern Y G5 5253 Liartnorchn ensifolin Canyon Bog -Orchid Y G3GST3? S3 Ltsternborrahs Northern Tway blade Y G4 52 BLM • I IQ Lycopadiunf nnnorinurn am pungens Stiff Clubmoss Y GSTU 5U Lycopudium dubmw Stiff Clubmoss Y G5TU Su Prnstrmpan cynthaplronrs Middle Park Penstemon LW G3G4 S354 Penste -mon lhnrringronii Harrington Beardtongue Y G3 S3 FS /BL PlainnllLrrn 5mrsiflvm wr rnsi/ol n Canyon Bog- Orchid Y G 3GST? S3 WETLAND DELINEATION REPORT MOUNTAIN BELL SITE VAIL, COLORADO TABLE OF CONTENTS SECTION PAGE NUMBER- 1. INTRODUCTION ............. ........................ ...................... ...... ..................................... ......... I Il. VICINITY AND GENERAL SITE DESCR-IPTION ..... . . . . ..... . . .............._.I 111. WETLAND DESCRIPTION AHYDR-OLOGY ........ ................. ........ __ ............. ........ B. SOILS. ................................... ..... . ... ............ .. .............. ....... . .......... .........._.....2 C. VEGETATION.......___... ........................ . ............ ................................. 2 IV. METHODS USED.... . ............. .. .. ............................................ .. .............. ............................. . 3 V. RESOURCES APPENDICES: FIGURES 3 FIGURE I - SITE VICINITY, WEST VAIL, COLORADO, USGS 7.5 MINUTE QUAD FIGURE 2 - OVER-ALL SITE PLAIN FIGURE 3 - WETLANDS ADJACENT TO SOUTH END MIDDLE CREEK FIGURE 4 - WETLANDS ADJACENT TO NORTH END MIDDLE CREEK - "gei to -Q w 1pml L_j • • '1W 4f SGVd 7f!VA ,°�° fill N i `W� o6 . i op yj 1��+ I /` mac. , �• i I � i • ® � � � J� �. �. � � X11 k •� .,� C.1 -• r -` N VETI -AND DELINEATION REPORT AAOUNTAIN BELL SITE, `�IAtL, EAGLE COUNTY. COLORADO 1. INTRODUCTION Montane Environmental Solutions, Ltd. (Montane) was retained by Odell Architects, (Client) to identify jurisdictional wetlands that may occur on the `Mountain Bell Property' adjacent to the North Frontage Road in Vail, CO. The Site is proposed for an affordable housing community. The detailed description of the property is the SE y4 of Section b, Township 4 South, Range 80 West, West 1060 22' 49", North 390 38' 46" (Site). It is accessed from the main Vail Interchange, west on the North Frontage Road for approximately 200 yds, then first tight on Mountain Bell Road, signposted for a day care center. The delineation was conducted on September 27 and October 15, 2001 as part of planning efforts to develop an affordable housing community for the Town of Vail. 11. VICINITY AND GENERAL SITE DESCRIPTION n l� The 6-7 acre property is situated on south facing slopes overlooking 1 -70 and the main Town of Vail. Due to its southerly aspect the surrounding slopes are generally dry with sagebrush and i stands of aspen. The property, known locally as the `Mountain Bell' Site is the existing home of the US West radio tower (to remain) and a small day care center (to be incorporated into the new development). Native vegetation in the vicinity is sagebrush on the dry south facing slopes, however Middle Creek runs along the north and west property boundary. The creek, combined with evident seeping from the steep slopes above has created riparian cottonwood forests over much of the west end of the Site. The East end of the site is significantly drier with sagebrush and open aspen woodlands. III. WETLAND DESCRIPTION The entire Site was visited and any wetlands identified, except for the parcel west of the US west tower and north of the access Road (identified as QWest on FIGURE 2). This area is a moist riparian cottonwood forest and may have areas of wetland. It is not proposed for construction as part of this project. Wetlands were found only in the immediate vicinity of Middle Creek. In the lower stretches of Middle Creek, near the frontage road, up to where the access road swings away from the creek, (FIGURE 3) wetlands are very narrow fringe riverine, with steeply incised banks likely due to the road building. Middle Creek was not delineated to the west of the US West building until the north end of the building where the US West property meets the site of potential boulder retention site, north of Wetland Delineaiun —Mountain Bell Site, Vail p.1 the tower (FIGURE 4). Wetlands north of the US West tower are narrow fringe in places but have a better developed {loodplain with less steeply incised banks that the lower stretches adjacent to the roads. There are side channels from the creek however they appear to be active for insufficient time or frequency to have developed wetland vegetation. Sample point I was taken in cottonwood woodlands at the south -west corner of the site between Mountain Bell Road and the Frontage Road, No wetlands were identified. A- HYDR-OLOGY The narrow fringe riverine wetland is supported by the high water flows of the creek and its alluvial aquifer. Middle Creek is a low order perennial creek originating on the mountain slopes above the Site. A gaging station is located on the stretch adjacent to the Frontage. Road. USGS hydrological data indicates that Middle Creek peaks in June with average daily discharges of approximately 70cfs. B. SOILS There are no soil maps available for the Vail area. Sampled soils were sandy clay loam with moderate chroma. In the upper reaches of the creek, deep pockets of duff are evident of rich soils associated with the riparian woodlands. C. \VEGETATION The wetland is a mosaic of riparian and wetland species. Narrowleaf cottonwood (Populus angustifoha) woodlands dominate the west portion of the Site, grading into drier Aspen (Populus tremuloides) woods and then finally into open sagebrush (Seriphidium tridentatum). Wetlands were very narrow fringe adjacent to Middle Creek with a poor herbaceous understory. Some of this could be attributed to the late season delineation. WETLAND VEGETATION UPLAND VE.GI TAT10N Aconitum columbiannum Amelanchier ainifolia Alnus tenuifolia Populus tremuloides Disti ea imoluc-rata Prunes t)irginiana HeTadeum lanatum Rosa woodsii Mertemia dRata Populus angustifoha Salix sp Swida sericea Wetland De ineaion — Mountain Bell Site, Vail p.2 IV. METHODS USED The wetland delineation methods used were in accordance with the U.S. Army Corps of Engineers Wetlands Delineatiom .Manual, January 1987. A routine on site inspection for 'Areas Equal to or Less than S Acres in Size' was performed. The data for the sampling points included vegetation and hydrology indicators. Soil pits were dug in the different vegetative communities to a depth of Ib- inches. They were used to identify the presence of reduced soil conditions, depth to saturated soil, and depth to free water. Wetland boundaries were determined by the percentage cover of hydrophytic plant species (obligate, facultative wet, and facultative), indicators of wetland hydrology, the presence of hydric soils, and topography. V. RESOURCES 1. U.S. Army Corps of Engineers (1987), Wetland Delineation Manual,. 2. U.S. Fish and Wildlife Service (1988), National Ltst of Plan Spff i q h cur in Wetlands (Region 8). 3. Weber, W.A. (20011) Colorado Flora:Mestern Slope 3'd Ed Colorado Associated University Press. Wetland Delincaian — Moumain Bell Site, Vail p.3 F-1 L _J • i I .� LE a Illl 1 j 5 4 �� ��1 �r�rr y1'� ♦' �. etxg clq ff� !r iq Ij , Cc � jf !��l�r# 1 LLJ j ~�=•l 1111 i' � , fi Iii LL1 { f t � J e MR LM-74 b t OF, 10/29/2001 11:56 FAX 9704768616 PEAK LAND CONSUL L10 � [Z Alfr'- MANHOL P°~�/ \ B 0 82365.3 8228.7 Z i l DC 0 PAN � eti CENTERLINE F 10" HOLY CRO!t ELECTRIC SSOC1ATION EASEMENT BOOK 642, PAGE 344) EX35TiNc; s 100 MOUNTAIN jL �;,fn'c �T„�. -. a ,.� ...� ,, t y: BEL,. RD , ELECTRICAL TRANSI °OR E `' !` \�. . �° �' _ • '-tip i , �31es _may x ; ij X24 tSEMENT _ Eimer~ PAGE 479 ROAD •�""°- ��,� ,,,_„� ,d�� „; �,�, z 1w'�'^'yr�. f'I'� �ti � ��. Aria � •�, Y :'" r , � 'r�.�tc t'.i' t r i.� •C� FIGURE 4 \VETI ANDS .ADJACENT TO NORTH END MIDDLE CREED (NArZ]ZO'v'b' TO WIDER- HINGE F..IVERINQ ROLM % L ` f . a t4.• in . 0— _ -- 'rA N r i • r{ a A{, �x.� 3�. fir✓ �y a '�'{ af �,� ;°� � A '4, �a �•d'1 -. �r°�R� 'E'r'r � i TM ^J' f �. PHOTOGRAPH 3 MIDDLE CREEK UPPER STRETCH BEHIND US WEST BLDG MORE OVERGROWN 0 PHOTOGRAPH 4 RIPARIAN WOODLAND ADJACENT TO CREEK, WITH SIDE CHANNELS DATA FORM ROUTINE WETLAND DMJMTIUN (1987 COE Wetlands Dol'atti m on Man"Q -- n U ,, -�-, I ) Dam: Applicant/Owner.— DLIM Qnmt7 Investigator' r State- Do Normal Circumstances ey-l't on the she? C4xmvnfty ID: Is the Site significantly disturbed (Atypical Situation)? Tranzect ID: Is the area a Potential Problem Area? Of needed, explain on reverza.1 (YYE- Pkrt. 10: VEGETATION • • YDROLOGY -7- i*" L*9, Tid, Groups weti" HY*Vtvwy ApriW RmtogrWto hknwy kmk*uwlr. i. —,Other Smirsted In Uppw I Z-h K4 [)aIft Un" Ord D " n in pIh-v Surtftns e wSter . Zvowk" rs a sm w r D" to Fnm Wgj W"W-11tvivoW Le Leaw W Surv"'091:111 pth to 5 "rov Sat FAC-Nmtrw Tevi Ot�w Mx*sIn in nomr�") • • 0 SOILS Mop Unit "wm , S VvtA Dmkw + t (Ssries ono Memel: l,•+d Obssrvsdons C4," nn ?Aar�p+d TYPO? yea No TsxonarnY ISubgroup l Frorlt• Qnarjvtjani '� �. GanarsUons. Depth wuix Color Monk Colere Mottle siit�hslL Horizon- ,?Mum.^ sp Moil1L WWI Cr, ti cn. Hydris Sol Indl"10M Hietossl two Epipedon sulfldis Odor Aquis MoigWre It*gkm Rsdusinp Crrw"W "r► _awy'ed or LorrE rarer Csisn RN"Nd of wErLAND oEmMINATION H"ir"Olde $49"Imrtisn Prarsrtt? Yes wetdond Hydrology Prvewd Yee Hydria Soms Present? Yes �+► surf sass �* Ge rdy in G Sail. ►� Orporis CorasrMt Irr Orpsrie ttn.ldrq in Mndy S"o '^ usew an Lead Hymns Mee tea Umd err Natiend Hydrbo so" Lust � 0t (EaAUin in IIsm*N tCirdsl (circial titl M e 6wnpwv Point %mimn s wetfond? Yee RO Reenrket - d es U ri V I CC,A w ern = a L'� J 1 ,A. � fe vW, () G F. C �C�Gts Ga AI& W q • DATA FORM ROLMNE WETLAND DET MM4tKnON' (1887 GGE Wetlands Delineation Manual( VEGETATION Dominjinj Mant Species 51rutum Werior L)cminant flerrtyecietr # t�tyrta c■ or C !. la. ' Is. at Is. ' Percent of Dm inarn species dirt are DBE. FACW es FAC (exeludinp PAC-). Remarks: Lfr'r�� lG r� � dsot�� l- ►�f��c �vvs I���r�2�-�..hc�, - r�C�r'� r�{: �i -� ' -,.,, tF 1',. HYDROLOGY Recorded Deis M*strffie in Ranarka): 6baem, Laka, w Tide Gauge Aer)ki Pbot"hs Other ,,,,_ No Recorded Cate AvegaNe watlard HydrelepY Indicator P*rmY kidicatom: , ' � Setsarted In Llppw I Z Innirea WNW (Marks priit Lkwo t m sedh.m. � _ Dh inepe ftnerna InIni�W el girds Redd Obasrwtlom: - Depth of Surfeca Wetsr. t ;as�ndery trldleatefl (2 or Rl�v. a : in.1 CwWhed (teat Chwrrsks in Lipper 12 kwtm Depth to Free water In ft —w for -st" - Lowus Level Sol TMwm Dau Depth to Saturated S*L- FACG'Iiwjtral Tao _Qdw MgMsin in Ilestrar)ra) Remarks: I . I 0 0 SAILS ' Msp Unit N.n+. (Series and Mme)' ' C ( l S I vl Dr�inw+ Claseai Fi.W Otraaysdanr Taxonomy {Subgroup): Cerdlrrn M++rP-1 Type? Yes No .P.10file �issQtLi� Depth matrix i~alor Mottle Colors mottle Teicitiuy, Concntivns. IinChs.l or)ro� s I V�dmnvv!!1 MS�1l1 Abundame1C niMt t 9 04 (0 I'll r- 3 2- �� } �� n l (.A-) Sn 1 Al L-, f rx Hyddo Soli (edi"torst Nstosol i Redo Epipedon swridia odat Aquin Mola+err. Aegima Rsdubum Ctsdmons Weyed or Low -Chnm CGI Rwnwkst J� 1 ; �/ . Gt 4 WETLAND DETERMINATION "rophydo Yagomdon Prsaard? w*dsrd Hydrology hessntt Hydris Soils prasantr } orgode Canssrtt In l udme Lwpr in Sandy Sail■ org.ria strs"I M Sassdy sell. tread an N&tiww "Td to Sail List „Qtftsr 091min $n W Y" muvlol (C�rolal Y.. Y" is this Ssmpl)nv Weird Within a welmulr 'ia■ Ho Rwn kst Y4p�" t cJ� _ v bV( CAP �... �.�� 1�� r4,�JC� lhC_ • Sep 12 02 09:38; • CHURCH September 13, 2002 Michael Coughlin & Company Attn: Michael Coughlin 140 East 19th Avnue, Suite 700 Denver, Colorado 80203 Associates, ENGINEERS & GEOLOGISTS Subject Geologiwal investigation of Debris Flow and Rock Fall Hazards and N, t: gation Recommendations Propose i Middle Creek Affordable Housing Project Vail, Eagle County, CO Job No. 14613 Mr. Coughlin: As requested, C:1:IURCH & Associates (Church) and Art Mears, P.E. Inc. (Art Mears) have studied the geologic hazards related to debris flows and rock falls at the subject site. The purpose of our work is to summarize our findings and recommend mitigation measures for the planned structures. This report describes the geology of the site area .and discusses the geologic hazards present. Art Mears will present design criteria for the structures under separate cover. The project Structural Engineer and the project Architect (Odell Architects) will incorporate the design criteria into tie building designs. Koechl,.in Consulting Engineers Inc. is providing geotechnical recommendations for the proposed development. R. J. Irish performed an Engineering Geologic Hazard Study for the project, as presented in a report dated August 16, 2001. P.2 BACKGlI OUND AND SITE CONDUIONS The subject prof erty is located in Vail, Eagle County, Colorado. The lot is north of the 1.-'10 Frontage Road and west of the old Vail exit of Interstate 70. The site is located in a part of the South 112, Southeast 114, of Section b, Township 5 South, Range 80 West. Affordable, multi - family structures are proposed for the parcel. The concept grading plan prepared by Peak Land Consultmts and the Development Plan Drawing A1.0 by Odell Architects indicate three housing buildings ;ire planned, Buildings A and B of moderate size, and a larger Building C. Existing structures include a Mountain ,3ell telephone building and tower and an Early Learning Center. The Early Learning Omter (ELC) will be moved into a new building in the southeast corner of the site_ An access road and parking lots were created for the Mountain. Bell building and ELC, with associated cuts and fills to a riaximum of about 10 feet hi .;h. Yard areas have also been created on the slope, with smaller cuts aa►d fills. The western and northern portion of the site are wooded with cottonwood, aspen, and fir, while the eastern portion i7 covered with grass and bushes with scattered aspen trees. The property is located on an alluvial fan complex emanating from Middle Creek on the north side of the Vail Valley. Gore Creek runs in the valley bottom and drains to the west. The grour:d surface in the parcel slope., down to the south, and the elevation in the planned building ar .n rnnaP, f' ^"' Q7gn CENVER 450' Wadsworth Boulevard Whet Ridge, CO $0033 Attachment: H 303.463.9',;l 7 Fax. 303.400,9324 Sep 12 02 09:33;3 p.3 Geo3 ogica . InvestlWation Ab No. 14613 Page 2 is to 821 D feet. P edrock on the north side of the valley is comprised of the Minturn Formation, consisting of sandstone, conglomerate, siltstone, shale, and limestone._ A portion of fie Bedrock Geolop,ic, Surficial Deposits and Potential Geologic Hazard Map Eagle County, Colorado by Allen Miller, Consulting Geologist, 1977 --78 is presented as Figure 1. The base maps for this study were prepared by Charles S. Robinson & Associates, The Minturn Formation is a Pennsylvanian age deposit described as medium to coarse - grained, gray to reddish - brawn, sandstone, ccnglocneritic sandstone, thin beds of reddish -brown siltstone, and sandy and silty shale and prominent pinkish -gay to gray lirnestorie beds. The property lies on an alluvial fan, and bedrock is only exposed on the steeper slopes northwest of the site and in the channel of Middle Creels. The alluvium consists of gravel .o boulder size rock fragments in a matrix of silty sand. Boulders typically range 6rom 1 to 3 fleet near the site, but boulders up to 6 feet in diameter occur in the area. The slopes to the north are mantled with glacial deposits called Moraine. The Morainal deposits consist of boulders, cobbles, gravel, sand and silt deposited at the margins of the glaciers that once tilled the Vail of liey. These lateral Moraines cover the slopes north of the site up to an elevation of about 8800 tc 9000 feet. When we obserred the channel of Middle Creek north of the site, we noted that the moraine was present on the e.tst side of the valley but the west side had thin colluviurn over bedrock or exposed bedrock. Erosion since the end of the last Ice age has removed much of the Moraine and leposited it in the galley bottom as well as in the alluvial fan underlying the site. DEBRt FL �5 :wring tithes of heavy precipitation or rapid snowmelt, water is concentrated on the slopes above the valley bottom tend runs off quickly, creating floodwaters and occasional debris flows. At the relatively high elevation of the Vail area, debris flows are typically created during periods of rapid snowmelt and n)t heavy precipitation from thunderstorms. The drainage basin uphill of the fan is relatively large, )n the order of 6 or 7 square miles, and the slopes are steep but usually covered with vegetation. For This type of basin, debris flows are typically generated by relatively infrequent slope failures within ne drainage basin, which introduce large amounts of unconsolidated materials into Middle Creek and floodwater transports it downstream and ultimately to the fan. By e,ompanson, smaller and steeper basins with abundant loose materials on the valley sides generate more frequent but .ofltin smallk:r debris flows. In order for debris flows to occur, several conditions must exist, including 1)• sufficient available unconsolidated debris, including soil, rock, and organic {Material, 2) steep slopes, and 3) a potential for undrained conditions to develop within the initial flow mass. In a soil saturated from snow melt or during, rain, the pore water pressure within the soil in :reases and only a slight increase in external stress can induce flow mobilization of debris (liquefac .ion). Some researchers have suggested the stress increase necessary to cause a failure can be as minor as load transfer from swaying trees, small ground vibrations, or strong wind gusts. The relatively ine grained nature of the soil developed on the Minturn Formation increases the risk of undrained conditions to occur in soil sin +;e the Minturn Formation is comprised of sedimentary bedrock with abu zdant fines, such as shale, siltstone, sandstone, and conglomerate. Debris flows are unique in tlua they can transport very large rocks, and can actually gain mass during the flow process. Mess wasting processes typically accumulate coarse materials in existing drainage channels above the fan, where rapid water runoff from intense storm events or rapid snowmelt causes the coarse material; to slide or flow downhill. When an area of lower slope gradient is reached, the channels often become blocked with debris, and floodwater from higher in the basin becomes temporarily blocked behin i the debris dams. Once enough water accumulates, the blockages re- mobilize and debris flows can rer,ult. Sep 12 02 05 :38a Geologica [ Investigation lob No. 14613 Page 3 An examination of the channel of Middle Creek disclosed source areas on the valley sides, where oversteepened s'.opes in Morainal and Colluvial materials apparently fail periodically ar;d introduce soil and rock in :o the stream channel. We noted slope failures of various ages on both she east and west sides of the channel upstream of the fan. An area of oversteepened Morainal deposit was noted on the east side 3f the Middle Creek channel about 200 feet upstream of the fan. We also noted what -ray be old debris flow deposits within the channel at one location about 500 feet above the fan and what appears to be an old landslide deposit on the east side of Middle Creek about 1000 feet above the fan. An example of the kind of deposit that may help to generate debris flows is the landslide deposit labeled Qds3 (Quaternary age debris slide) on Figure I which exists about 3500 heet worth of the fan on the w .st side of the Middle Creek channel. This landslide was apparently devel sped within he collt: vial rn aerial and slid downhill to the valley bottom. A similar phenomenon occurred in Booth Creek ea,,t of the site in May 1984, where a large debris slide and flow occurred on the west side of Booth Creek. This slide (and many others that year) was initiated at an elevation of about 9400 feet when water issued from bedding planes and fractures within the bedrock ar,d saturated slope materials, causing them to flow downhill into the channel of Booth Creek, where a debris flow filled the Greek channel and almost reached the water treatment plant. The Event reportecly occurred over a period of days and included many "pulses" of debris flows. The alluvial fan was examined as part of our study. The active channel of Middle Cl eek is now located on the e3�reme western edge of the alluvial fan, but this has not always been the case. Middle Creek has moved back and forth across the fan over geologic time as the active channel was blocked )y soil and the viater channel was diverted from the area of the soil deposit. The area froin the active stream channel to about 200 feet east shows evidence of numerous gullies and debris ticw lobes. In this area, old chmnels exist between raised lobes of bouldery materials. This area appears to be the location of the riost recent debris flows on the fan. By comparison, the area from 200 two about 500 feet east of the present channel is fairly uniform in cross - section. We noted a prominent debris flow deposit about 550 feet east of the channel. This lobate deposit is located south of a fenced yard and is about 5 feet thick. Numerous boulders with a nominal size of about 3 feet in diameter exist within and on the deposit. This deposit and associated field observations are the basis for the design recommendations presented in the Art Mears report. .A deflection wall and soil berms were originally envisioned as the mitigation scheme for the project, HowevQr, after conducting field work, we believe there is a substantial risk that a Booth Creek type event could resl.lt in a plugged channel between the wall and the steep hillside to the north, and a later flaw could overtop the darn and flow south towards the site. Another viable alternative is to individually pro-:ect each structure on the fan that is subject to a debris flow hazard by closigning the structures to res st the forces of a debris flow. Based on our understanding of the project objectives and constraints, we believe the best course of action will be to protect the individual structures. As stated in the Art Mears report, structures at risk are Buildings A and C. IECONLKENDATfONS Debris Flow Ha;wd In order to mitigate the debris flow hazard for this project, we recommend designing the north wall of Building A and the west wall of Building C to resist forces from a potential debris. floor event. The site has been m3deled by Art Mears in order to determine these forces, and his report should be consulted for derailed recommendations. Affected structures should be designed for applimble forces p.4 SPP 12 az 09:39a Geological Investigation 7 )b No_ 14613 Page 4 from the around surface to 6 feet above the ground surface. The entire north building wall of Building A will lie extended 6 feet without openings, and designed to resist the applicable Forces. The Dumpster enclo, ure building located north of Building A will not be occupied, so it will aot need to be designed to resist applicable forces. The west side of Building C will need to be d,-signed for debris :low forces, but since the wall is not normal to the flow direction, the forces are reduced. A retaining wall designed for the applicable forces will be installed west of the northwe<t corner of Building C to p-otect the areas where windows exist. The solid metal door on the west side at the southwest corner should be designed to resist applicable forces, as well as the remainin,; west wall without opening 3. The proposed m tigation scheme will be fully compliant with terms of Chapter 21 of the Fail hazards ordinance. The mitigation will not deflect flows onto adjacent public or private property. Rockfall Hazard P -5 We ob,erved the slopes above the site to evaluate the potential for rockfalI. Portions of the project area are shown on Vail hazard maps as lying within a "moderate severity" rockfall hazard area. Based on the development plan and our observations, structures that could potentially be effected are Building C and the Early Learning Center (ELC), We examined the slopes above the:;e proposed structures during; our field work in order to evaluate the risk of rockfall on a site - specific )as'ts. There are no bedrock outcrops above the area of Building C and the ELC that could contribute rocks to the building area. Any rockfall hazard present is related to cobble to boulder sized rocks cont.iined within the 'Moraine deposit covering the hillslope. While some large boulders several feet across are partially exposed on the hillslope, we did not observe any that appeared to present a signifi ;ant risk of dislodging natu-ally within the project life, assumed to be 100 years. Several smaller rocks, usually about l foot in diameter or less, have rolled down the hill in recent years and stopped near the bottom of the hill. Rocks of this size, while possibly able to slightly affect the exterior finish oftl-e structures, do not present a significant risk of structural damage, and we do not believe formal rockfall protection measures are needed. Construction activities may dislodge some rocks from the slope, which should be removed along with any rocks that are noted to be loose on the sio} e above cut areas. The devF Loper and owner should scale loose rocks from the slopes above Building C and the ELC 6uring construction to reduce the risk for cosmetic damage, In general, the anticip,.ted removal area is the steel er slopes below an elevation of about 83 80 feet, and not the more gentle Oopes above this elevation. Access to the slope should be restricted since foot traffic on the slope r,iay dislodge rocks. We should observe the area during construction to help guide this process. LEYH 11 .1 ION S It is important to realize that the risks from geologic hazards cannot be completely eliminated with engineered structures; and that the owner(s) must accept the risk of property damage ast.ociated with the hazard zon,; on the fan. As stated in the Art Mears report, our recommendations are based on a reasonably for' -,seeable event with a return period on the order of 1000 years. Due to geologic uncertainty, it is possible that events larger than assumed herein could occur. We believe: the outlined approach will )rovide an acceptable level protection for the planned structure and is a reasonable approach fur fie field conditions, except for the lowest risk approach, which is avoidance by not buildir_a on the site. We make no warranty of performance of the structures, either expressed or implied. We should review the completed design when available, as well as field conditions during Sep 12 02 09:403 • Geologica 1 Investigation Fab No. 14613 Page 5 construction. Otr analysis and recommendations are specific to this site and the planned o.onstruction as described herein and we should be contacted to re- evaluate our findings and recommendations if plans change. We appreciate the opportunity to be of service for this project. If you have questions, plt ase contact our office. Sincerely, Church and Associates, Inc. David A. Cushman, CPG Engineering, Geclogist DAC 3 copies sent Attachment ylIICATf GYN 8406 I copy to Arthur .L Mears, P.E. Inc. 555 County Road 16 Gunnison, CO 81230 copy tc Odell architects, P.C_ Attn: Lee Nfason 32065 Castle Court, Suite 150 Evergreen, C:O 80439 Faxed to 303 -67C -7162, Attention Tony putsch 1 copy t❑ Pear L -xid Consultants, Attn: Mark TarraIl 1000 Lion's Ridge Loop, Vail, CO 816_` 7 P. S Sep 12 02 09:40a p-7 __L VIM 5 ----------- - �11 FR 131 R sow V A L/ 777, T j" Y R. A A `��ti� ,� y ; tall {y ilk 7 VA, 4 A lyl. �11' N \1 IFP �Fll ]S" 7 V, t Q f 7— Qds3 — Debris S -ides, letter in parenthesis indicates unit that failed ?Pm —Minturn Fofination Qm — Moraine Qaf — Alluvial Fin Scale 1:24,000 AN Figure I Map of Surficial Deposits Job No 14613 m i 08/14/2662 16:37 9706413236 ART MEARS PAGE 01 ARTHUR I. MEARS, P.E., LN'C Natural Hazards Consultants 555 County Road 16 Crunnison, Colorado g 1230 TeUFax: 470 - 641 -3236 a=can@rmii.com August 14, 2002 Mr. Michael P. Coughlin 140 E. 19th Avenue, Suite 700 Denver, CO 80203 -1035 RE.: Debrin -flow dynamics analysis and mitigation design criteria — Middle Creek, Vail Lear Mr. Coughlin: The attachi:-d reports findings of my debris -flow analysis at the Middle Creel affordable Dousing site in Vail. Ah This report consists of (a) a brief summary of the debris flaw potential and site observations, (b) an analysis of the debris -flow dynamics, and (c) mitigation design performance specifications. The section of flow potential and site observations is expanded in the report by David Cushman of Church & Associates and should be studied for more detail. Please contact either Mr. Cushman or myself if you have further questions. • Sincerely, . w ILc� Arthur I. Mears, P.E. Avalanche mntral engineer Mass Warring • Avalanches • Avalanche C3ntrvi Engineering 08!7.412002 16;37 9706413236 ART MEARS PAGE 02 1 1 REPORT OBJECTIVES AND LIMITATIONS As discussed with Odell Architects (the project architect) and David Cushmtin of Church and Associates, this report has the following objectives: a. Evaluation of the debris -flow potential at the affordable housing site; b. Gaiculation of the debris -flow dynamics through appropriate modeling techniques that take Meld observations into account; c. Proposal of mitigation at buildings; and d. C:alculabon of debris -flow loading potential on the proposed mitigc tion. This report also has the following limitations, which should be understood by all those relying on the findings, conclusions, and recommendations, a. The analysis is site - specific, thus applies only to the Middle Creek site; b. The mitigation recommendations depend on the Odell Architects c evelopment plan "A1.0," undated; this was the latest available a.> of the July, 2002 field work; any substantial changes to these plans inay invalidate the findings and recommendations of this report; c_ Calculations of debris -flow dynamics assume a reasonably foreseeable event with a return period on the order of 1000 years ('103' years), extraordinarily large events with sizes in excess of the event assu°ned here could occur. 2 FIELD OBSERVATIONS The field observations are discussed in further detail in the accompanying report by David C ishman. Primary observations are outlined below, 2.1 V1a'or debris -flow source areas. A typical potential source area (areas where potentially unstable slopes exist) is shown on Figure 1, an iynlargement to a scale of 1" = 500' of the U.S. Geological Survey quadrangle map. Large - volume (in excess of 10,000 yd 3) exist 011 =steep southeast- facing slopes approximately 500 feet above the Middle Creek channel. Additional source areas also exist on the crest aide of the valley farther to the north or to the south of that shown on Figure 1. The large Booth Creek debris flow of May, 1984 started in an area similar to the one shown. 2.2 Minor debris -flow source areas. Minor source areas also exist within :,mall landslide features on the east side of the valley a short distance above the old (deactivated) U.S. Geological Survey gaging station. These landslides are too small to show on Figure 1, 2.3 Previous flows. The Middle Creek channel has extensive prior &&is Claw and flood deposits. These consist of boulders (up to 3 feet iri diameter), smaller rocks, soil, and vegetative debris. The flow deposits are lobate in shape within the channel and on the alluvial fan eg,,1 1/2002 16:37 0 • 2.4 P 3706413236 ART MEARS PAGE 03 above Interstate 70, characterisfic of debris flows. The lobes are up to 5 feet in thickness. A 3 -foot diameter rock is considered to be of the size to be used in design for impact at the buildings and is consistent with observations. Frequency of flows. Definitive estimates of debris -flow frequency were not obtained and may be impossible to estimate accurately because of mixing by many floods and small debris -flow events. Only nearest "order of magnitude" (correct to the nearest factor of 10) estimates can be made. Based on our experience, we doubt the return period of large flows reaching to the alluvial fan could be as long as 10,000 years (104,0 years) or as short as 100 years (102.1 years). We assume, therefore, that the return period lies in the ninge of 1,000 nears (103.0 years) and probably lies between 300 and 3 000 years (102-5 to 103.5 years). More accurate estimates may be po;�sible using detailed radio-carbcn dating of buried sail horizons, but we Doubt such studies would be fruitful given the propensity for mixing of Boil layers by floods and flows within the channel. f=urthermore. to our knowiedge, such studies have not been done at other locations within the Town of Vaoil. The alluvial fan characteristics_ The current alluvial fan is shown on -the detailed topographic map (Figure 2) provided courtesy of Tar, Kassmel of the Town of Vail. This fan consists of debris that has peen transported down Middle Creek by floods and debris flows and !s intermixed with glacially - transported boulders from upper Booth Creek and the high - elevation basins to the east and north. The Mountain Bell Road, the large communication tower, the early - learning center, and parking lots have been excavated into this fe- n. 3 DEBRIS, FLOW MODELING 3.1 Umitabons of modeling, Procedures for mathematical modeling of debhs flow are available and have been used at various areas throughout the United States and elsewhere. All of these models are ;subject to some undefinable degree of uncertainty because the friction and other resistive terms used in the models are not known but must he estimated_ We feel such modeling is of limited applicability here. The Middle Creek flows, similar to those observed at Vail in 1984, result as unstable soil and rock avalanche and slide into flooding tributary channels during heavy spring runoff. The flows begin a:; unstable, saturated soil is "pushed" off steep slopes by groundwater piped through and between sedimentary rock layers. This is exa(Ay what occurred in many of the 42 local soil -slip landslides, debris avalanches and debris flows of 1984. Such events do not lend themselves to typical hydraulic modeling, but instead, suggest an avalanche -type or "inertial -type„ model in which the initial 08/14/2002 15:37 9705413236 ART MEARS PAGE 04 3 landslide /debris avalanche stage moves at relatively high spee& and quickly decelerates to slower speeds in the stream channels. 3.2 Modeling applied. We applied a two - dimensional, three - component, stochastic model to the avalanche /debris flow process at Middle Creek, This is kinetically similar to an avalanche model but the parameters that control the output of the model were modified to simulate field observations. The results are summarized graphically on Figure 3. A high speed of approximately 20m/s is attained on the steep slope but a more "steady - state" velocity of approximately 6 — 10 m /sec (20 -- 33 ft/sec) is maintained in the central channel above the alluvial fan. Velocity measurements of the massive Booth Creek flows were not made in 1984, but visual estimates made by myself suggest speed maxima in the 4 -5 rn/Qec (13 --16 f#lsec) range in the upper channel. We assume, therefore, an impact speed of 4m/sec (13 ft/sec) at the proposed housing units on the alluvial fan because his is consistent with the 1984 observations and the modeling results. This speed was used in the development of design criteria. 4 MITIGATION DESIGN CRITERIA 4.1 Elements of the design criteria. These consist of three elements: (a) the impact pressure, (b) the impact height, and (c) impact of boulders n the flow. The magnitudes of these parameters depend on the ocation and orientation of building surfaces exposed to the flow. 4.2 impact surfaces. These consist of the uphill (north) facing walls of cuilding "A" (which is exposed to normal impact) and the west - facing Nall of building °C" (which is exposed to reduced normal impact a nd :ihear). These are summarized on Figure 4 which indicates the magnitudes and vertical distributions of the debris -flow design lozids. 4.3 3olid impact of boulders. Building walls are also exposed to impact -rom the 3 -foot diameter design boulders which could be carried in the 'low. The impact of a solid boulder differs from the impact of the Frne- grained material and small rocks comprising the matrix of the mud which produces the impact pressures defined in Figure 4. The boulders produce point loads. For flexible construction elements such as beams, structural deflection must be considered in computing the impact force, P. Equating the kinetic energy of the 3 -toot design Moulder with work expended in bending deflection yields the relationship P = (M V K) 4.5, where M is the mass of the 3 -foot be ulder 12,333 lbs or 72.4 "slugs "), V is the impact velocity (13 ft/sec, and K is a stiffness factor. For a simple cantilever beam, K = 48 EI /L where ill is beam stiffness and L is length. The relationships expressed above indicate that flexible structural members are more efficient in resisting impact than stiff ones. The actual expression for stiffness will probably differ from that given depending an structural engineerirg details and would need to be considered in final engineering. I 08/14/26D2 16:37 57 06413236 ART MEARS PAGE 65 • Ff3URF 4_ Design foods on exposed walls of brj ngs 'A° (north - f- 90ir)9) and 'C" (west- fedng). impact of boulders ary not included and ca a be cak:ufst ed in a manner similar to that of Section 4.3. 1C ti I 5aopef I 2 4 Bud_ .lding__ "c" 1I t� Ftlow 6.0 ft (Shear on buildlc.g "C" l8 50% of norm&. pressure 4.4 ,additional considerations. Windows and doors should be avoids d on he north side of building "A" and the west side of buildings "Ch unl ess they are designed for impact of debris and rocks. 4.5 Alternate mitigation. An alternate form of mitigation considered was i=structing a defecting wall on the south side of the channel ab,)ve 1he parking area and existing Mt. Bell building. This alternative was rejected because field work conducted on July 30, 2002 indicates (a) major flows (similar to the Booth Creek flow of 19$4) would quick y fill in the channel, and (b) small, low - viscosity flows could be deflected by {such a berm downstream onto adjacent property, in violation~ of Chapter 21 of the Vail hazard ordinance. 4.6 Compliance with Vail Hazard ordinance. The proposed mitigation will be fully compliant with terms of Chapter 21 of the Vail hazards ordinance. The mitigation will not deflect flows onto adjacent public or private property. 08118!2002 69:00 9706413236 ART MEARS 5 ROCK =ALL The north wall of building "C" is indicated on Vail hazard maps as lying within a , moderate severity" rockfall hazard area. The steep terrain directly above t�e building r!;es approximately 60 vertical feet and does contain some small, (< 1 foot long) potentiaPy unstable boulders. Some of these appear to have rollod to the proposed location of the north wall of building "C." Such rockfall events would not damage the building and are such rare events that mitigation is not recommended. Report prepared by, h Arthur I. Mears, P.E. PAGE a2 5 • • • 08/14/2002 15:37 9706413236 t V ArAIC ART MEARS . P-PA 0 1 110" �*! �1M�M �� w � ■ RAGE 07 n9 ypotheocal k�catkan of a malor� Booth -Cruck type" ;74w- FtCURtq 1. ._ocatlan ma showing h " Such an event was used in hazard quantlflcatfon. Sme/fer unstable slopes were afro located on the east side of the channel beknv a 400 feet elevation. SCALP: I'= ' Inpaglm& C.'apyrkM 0 L9" [)@Lams YanamtM, Mi WM t Dam LVM: uwc;5 r- -- 12OR!t 5etk; 9 : 4UW Lktau: Asa MEUVW nAua� DE/14/2002 16: 37 FIGURE 2. Detailed topopraphlc map Of the Mime Crook alluvial fan (location of this per) showing potential limits of a mejor flow dwft currant {July, 2002) con&iOns_ Newhtipropc sed buildings and landsarping may alter flow d1mction. SCALE' I'= 100' 9706413236 ART MEARS PAGE 08 .t5a NTAG 'AD T Li VAS' I 1 08/3.4/2002 16:37 9706413236 584 particles start £rQm top segment. ART MEARS 1482 particles deposited. c.\plklruddle Yreek flow. txt Path drops: 251 m Friction mu ° 0.11 log M/D a 2.00 Random R - 0.400 Alpha - 15.4 degrees • Front atopa at K - 913 m ............... Front speed 9max 19.8 m/ s ) - - - -- -Mean speed (max 20.4 m /s) Deposition (not to scale) Exit and view distributions in your file c ;\plk \results.txt FIGURE 3. Grep i►ral spray of aroctastic camputtt used ro s±rriutare flog+ along Centedrne. Not to scare. PAGE 09 YX A1VKARD NVMONMENTAI. AC QlIviC5 AND YiBFA 71pN f,. ti ll$V411NB July 12, 2002 Otis Odell, AIA Principal Odell Architects 32065 Castle Court, Suite 150 Evergreen, Colorado 80439 Dear Mr. Odell, This letter provides an update to the original noise analysis conducted for the Middle Creek Affordable Housing Project in Vail, Colorado (Ref Letter from Hankard Environmental Inc. to Odell Architects dated 112812002). The reason for this update is because the layout of the original design has been changed, thus the noise analysis had to be revisited. As with the original analysis, the purpose of this study was to compare the calculated overall interior noise levels for the proposed structures to the U.S. Department of Housing and Urban Development (HUD) interior noise goal of 45 dB(A) (Ref: The Noise Guidebook, U, S. Department of Housing and Urban Development, 1991). The updated analysis shows that the proposed Middle Creek Affordable Housing project will achieve the HUD interior noise goal of 45 dB(A) using standard exterior wall construction. It should be noted that this analysis was conducted using peak -hour (loudest -hour) traffic conditions, which typically only occur for a total of about two or three hours per day. The following provides an explanation as to how the exterior and interior noise levels were calculated, followed by the results and comparison to the HUD interior noise goal. 0 Noise Level Calculation Methodology Similar to the original analysis (Ref Letter froin Hankard Environmental, Inc. to Odell Architects dated 112812002), the exterior noise levels were predicted based on measured noise Ievels at the site, topography of the site, peak -hour traffic volumes and speeds provided by the Colorado Department of Transportation, and an updated design layout provided by Odell Architects as shown in Figure 1. Noise levels were predicted for each structure on the top floor using its nearest location to I -70, which typically corresponds to the loudest location. Primary factors that affect the noise levels include the distance of the structure to I -70, the location of any barriers or berms that block the 1 -70 traffic noise, and the amount of sound absorption by the ground. As with the original analysis, no significant noise barriers were found between I -70 and the proposed structures, and no ground absorption was applied to the calculations as the proposed structures are significantly elevated. Thus, the results of the analysis should provide a near worst -case scenario. 103 East Simpson Street • Lafayette, Colorado 80026 phone: (303) 666 -0617 • fax (303) 666 -1053 • www.hankardinc.com • • L � uANKARD -LAENWRONMEENTAL ACOu 511G5 AND VISRAT�OM CON SV.1I r FIGURF. 1; MIDDLE CREEK AFFo12DABLE HouSING - NOISE ANALYSIS SITE PLAN UPDATED Middle Creek Affordable Housing Inferior Noise HUD Comparison page 2 �ANKARD NVIRONMENTA.L AcoUsTics AND VISRA76ON CCNSUOIN® Results and Comparison to HUD Noise Guidelines The results provided in Table I show the predicted interior and exterior peak -hour noise level for the front facade of each structure nearest to 1 -70. The standard amount of transmission loss for exterior wall construction of26 dB(A) was used (Ref. Noise Control for Building and Manufacturing Plants, Layman N. Miller, BBN, 1981, Table 6 -7). Note that one assumption made here is that all windows are operable but closed, and that they cover no more than 10 -20% of the exterior wall area. TABLE 3 UPDATED INTERIOR AND EXTERIOR NOISE LEVELS FOR THE MIDDLE CREEK AFFORDABLE HOUSING Proposed Descriptian Exterior Peak-Hour Exterior Wall Construction Interior Peak -Hour Structure Noise Level Transmission Loss Noise Level (dB(A)) (dB(A)) (dB(A)) Building A apartments with 69 26 43 community center Building B apartments 67 26 41 Building C apartments with serni- 68 26 42 underground parking Building D daycare center 64 26 38 As shown in Table 1, the predicted interior noise levels are below the 45 dB(A) specified in the HUD guidelines (Ref: The Noise Guidebook U.S. Department of Housing and Urban Development, 1991). These results were similar to the original analysis, as the locations of each newly designed structure did not move significantly nearer or further away from I -70 as shown in Figure 1 on the previous page. As with the original analysis, it was assumed that standard exterior wall construction consists of a 4" exterior wall with '' /z" thick gypsum wallboard on the inside, %2" thick plywood on the outside, and acoustically absorbent material (i.e. fiberglass) loosely filling the cavity. Standard windows were assumed to be double parsed with a 0.2" airgap. Additionally, because these multi- family structures have exterior doors opening directly to the outside, all doors facing 1 -70 were assumed to be solid core wood (or acoustically similar material) that is 2" thick (or a density of 8 lb /ft2) and well gasketed. Thank you for involving; us with this project. Please call if you leave any questions, or we can be of further assistance. Sincerely, J4 -)--) ~a Jeff Cerjan Senior Engineer UPDATED Middle Creek Affordable Housing Interior Noise HUD Comparison page 3 0 • • • Traffic Impact Assessment For the Proposed Middle Creek Residential & Early Learning Center Development Vail, Colorado Prepared for Odell Architects, P.C. Evergreen, Colorado Prepared by TDA Colorado, Inc. 820 1e Street, Suite 424 Denver, CO 80202 (303) 825- 71071FAX (303) 825 -6004 January 24, 2042 L�idated July 12, 2002 Attachment: I Middle Creek Traffic Impact Study Table of Contents INTRODUCTION.................................................................................................... ..............................1 EXISTING AND FUTURE ROAD CONDITIONS ................................................ ............................... 4 NORTH FRONTAGE ROAD ....................................................................................... ............................... 4 VAILROAD............................................................................................................ ............................... 4 1 -70 INTERCHANGE RouNDABouTS ........................................................................ ............................... 4 EXISTING LEVEL OF SERVICE .................. . .. . ... . ... . .. . NorthFrontage Road ......................................................................................... ............................... 4 1 -70 Main Vail Interchange North Roundabout ................................................... ..............................5 ProjectAccess................................................................................................... ............................... 5 PROJECTTRIP GENERATION ........................................................................... ............................... 7 ResidentialTrips ................................................................................................ ............................... 7 LearningCenter Trips ........................................................................................ ............................... 7 TownBus Trips .................................................................................................. ............................... 7 PROJECT TRIP DISTRIBUTION .....................................................................».. ............................... S FUTURE TRAFFIC CONDITIONS ....................................................................... ............................... 9 FUTUREVowws ................................................................................................. ............................... 9 FUTURE LEVEL OF SERVICE WITH PROJECT ............................................................. ............................... 9 ResidentiallMaBell Access ............................................................................... ............................... 9 Early Learning Center Access ................................. ............................... ............ ............................... 9 North Frontage Road, Two -lane Roadway .......................................................... ............................... 9 RECOMMENDED PROJECT ROAD IlUROVEMENTS ................................ ............................... 12 LeftTurn Lanes ............................................................................................... ............................... 12 RightTurn Storage Lanes ....................... ......................................................... ............................... 12 Right/Left Turn Acceleration Lanes .................................................................. ............................... 12 SUMMARYOF FINDINGS ................................................................................. ............................... 13 APPENDIXA ........................................................................................................... ..............................A LEVEL OF SERVICE WORKSHEETS, AM & PM PEAK HouRs ...................................... ............... .............. A Figures Figure 1 Vicinity lAap .................... ...................... ........ .._................................._.......,. ..............................2 Figure2 Site Plan ............ ............................... ................,....................._..._...... ............................... 3 Figure 3 Eaasting Peak Hour Volumes ............... Figure 4 Peak Hour Volumes at Buildout ................................................................ ............................... 11 Tables Table 1 North Frontage Road Peak Hour Level of Service .......................................... ............................... 5 Table 2 Vehicle Trip Generation .................... ...... ............................... 7 Table 3 Peale. Hour Level of Service at Buildout ......................................................... ............................... 9 Table 4 North Frontage Road Level of Service ......................................................... ............................... 10 i TDA U r1 • Page 1 Middle Creek Traffic Impact Study INTRODUCTION This report describes traffic conditions, now and in the fixture, in the vicinity of the planned Middle Creek residential and adjacent daycare development in Vail along North Frontage Road. The 6Vz -acre sloping site is west of the Main Vail Roundabout adjacent to the "Ma Bell" communications tower and an existing daycare center, Figure 1. A single access drive serves both existing uses. The Middle Creek project consists of 142 affordable apartment units and a contemporary early childhood learning center, replacing the exiting center. The mix of studio, I -, 2- and 3- bedroom units is structured to the affordable (deed restricted) housing market for Vail Valley workers. The estimated 315 tenants are likely to be singles and couples employed in the mountain resort service sector. Studio units (64 dwellings) will comprise just under half of the total unit mix. As shown in Figure 2, The new childhood learning center will be situated east of the residences and will have separate access and parking. A total of 245 surface parking spaces will be provided for the residential portion of the project and an additional 20 will be part of the learning center site. Residents will have good alternative transportation choices. The site is convenient to three Town free bus lines serving North Frontage and the Town's transportation center in Vail Village. A bus turnout alongside the main entrance will permit on -site boarding and alighting. Pedestrian walks will connect with the Town's trail system. The Town's in -town bus system and transportation center are a %4 -mile walk/bike to the east and south. The 1 -70 pedestrian overpass connection to Lionshead Village is % mile (10- minute walk) west of the site. This report describes the expected trip making characteristics of tenants and day care patrons and workers, evaluates existing and expected future traffic operating conditions in the vicinity and lastly, it addresses the need and scale of suggested access and circulation improvements. This report contains the following sections: • Introduction • Existing & Future Road Conditions • Project Trip Generation and Distribution • Future Traffic Conditions • Recommended Road Improvements • Summary of Findings • Appendix A: Level of Service Worksheets • TDA Q t'1 •r. i V � CL cc E r W o !L d) U e_ ° s 3 '� LL. U m (D ru L) 0 N Z Z a 0 F � • • ca *I O r` I, '. / , Z C%l E CL jo > a) , 10 'a) VC d, II JmW GO VC Page 4 Middle Creek Traffic Impact Study EXISTING AND FUTURE ROAD CONDfTIONS 0 This section describes existing and future traffic conditions along North frontage Road in the project vicinity. North Frontage Road North Frontage Road is a two -lane frontage road within the 1 -70 right of way. Graded shoulders vary from four to eight feet in width. It connects the Main Vail and West Fail interchanges serving lodgings, the Town post office and commercial uses along the north side of the road and roads branching off to slope -side home sites. The alignment is essentially straight with gradual vertical curves that follow the gently rolling terraim. Posted speed is 35 mph in the project vicinity. Peak hour traffic counts performed recently` suggest a traffic volume of about 6,000 vehicles per day passing the site. Vail Road Vail Road connects Vail Village to the I -70 interchange and the frontage roads serving each side of the interstate highway. The two -lane road flares to add lanes at the roundabout approaches. South of interchange two -lane Vail Road intersections with West meadow Drive and Willow Road are Stop -sign controlled, I -70 Interchange Roundabouts The Main Vail I -70 interchange roundabouts were the first modem roundabouts constructed in the state of Colorado. The South Frontage Road roundabout is the largest in the state at a 200 - foot outside diameter. The North Frontage Road roundabout is the smallest in the Vail Valley at 120 -foot diameter, Counts taken at the North Frontage Road leg indicate PM peak hour volumes of 220 entering vehicles and 750 exiting vehicles of which 35 came from the I -70 westbound off ramp. The North roundabout functions effectively as a single circulating lane, although vehicles can physically travel two abreast around the circulating lane. Existing Level of Service Level of service (LOS) is a method used for evaluating roadway traffic operating conditions. It is dependent on many factors including traffic volumes, percent heavy vehicles, lane and shoulder widths. The level of service is determined by calculating the delay experienced by each vehicle. This delay is assigned a letter between. A and F representing the length of delay. At LDS A motorists will experience little or no delay. At LOS F motorists will experience stop and go conditions and extensive delay. Delay is used as a measure of comfort, convenience and maneuverability of the driver. Delay for the affected intersections was determined using Highway Capacity Software, implementing methodology in the Highway CapaciryManual, 1991 updated 1997, Transportation Research Board. The intersection capacity analysis worksheets are included in Appendix A, North Frontage Road For a two -lane, 35 -45 mph roadway with 11 -foot lanes and 4 -foot shoulders, limited passing opportunities and uninterrupted flow the service volumes for each level of service range from 125 vehicles per hour at LOS A to 1,755 vph at LOS E, as shown in Table 1. The observed (December 2001) peak hour volume along North Frontage Road at the project access is about 415 vehicles in the 8;30 to 9;30 A_Nl peals hour and 535 vehicles during the 4 :15 to 5:1.5 PM peak. Accordingly, current two -lane roadway operation is LOS C in the AM and PM peak periods. ' Peak Land Consultants, Inc. Thursday 12113/01 TDA • • Page 5 Middle Creek Traffic Impact Study 1 -70 Main Vail Interchange North Roundabout According to lief Ourston, the Town's roundabout operations consultant, peak hour volume entering the roundabout is 2,233 vehicles and at this level the roundabout is operating in the LOS A range. This indicates there is a considerable capacity reserve available at the north roundabout. Table 1 North Frontage Road Level of Service Middle Creek Maximum Service Flow Volume LOS Vehicles per hour A 125 B 330 C 610 D 9`15 E 1,755 Source: TEA Calorada minri HC"; twn -lance hinhwavc Project Access Morning and afternoon turning movement counts at the existing Day Care/Ma Bell access drive are shown in Figure 3. The highest single movement, 28 westbound right turns from North Frontage Road, occurs during the 8 :30 to 9:30 AM peak hour. During the PM the highest movement was 15 left turns to eastbound North Frontage Road (toward the 1-70 interchange) followed by 14 left turns f om the eastbound direction. Daycare trips appear to be linked westbound frontage road trips in the AM and the return eastbound trips in the PM. The prevailing flow of through traffic is eastbound in the AM and westbound in the PM. TDA Figure 3 Residential and Early Learning Center Access AM (PM) Existing Peak Hour Volumes Middle Greek Development NORTH No Scaie Existing Daycare /Ma Bell rn CO� 00 2�� ��0 ooh Front Page 6 T D A U • 0 Page 7 Middle Creek Traffic Impact Study • PROJECT TRIP GENERATION Project vehicle trip estimates are based on The Institute of Transportation Engineers publication Trip Generation, e Edition. 1997, This document is a compilation of trips rates derived from traffic counts at similar uses throughout the country. Most ITE residential trip rates are from traffic counts at suburban settings with little or no access to public transit. Residential Trips The Middle Creek project is located along a high service transit corridor with good pedestrian and bike linkages to Vail and Lionshead Villages. A majority of tenants are expectedto work in Vail establishments where long -term (i.e. `worker ") on -site daytime parking supply will be at a premium for much of the year. We anticipate Middle Creek residents will be less inclined to travel locally by car for work and personal business trips than their "ITE- apartment" counterparts. Accordingly, we expect daily residential vehicle trips will be in the order of 20% less than the ITE derived rate and peak hour vehicle trips will be one - quarter to one -third less than the ITE rate. Urban centers with high all day parking costs and good transit access can have transit mode splits of 25 to 40% in the commute periods. We believe Middle Creek residents could readily exhibit a collective 30 % walk/bus/bike mode split in the commute periods_ With these project - specific adjustments we estimate at buildout the residential use will generate 753 daily, 52 AM and 61 PM peak hour vehicle trips, see Table 2. Learning Center Trips The early learning center will have 15 employee and short-term spaces, Parents typically park for five to 15 minutes for the morning drop off and evening pickup. Using ITE rates for a pay Care Center, the center is expected to generate about 470 trips per day and about 75 vehicle trips during each peak hour. Table 2 Estimated Vehicle Trip Generation Middle Creek Development Vail, CQ Land Use Size Type Dail Day Care' 15 Employees 468 Apartments2 142 Dwellings 753 Total - 1,221 AM Peak In out PM Peak In out 41 9 35 43 37 41 41 20 49 77 78 62 127 139 Source: Trip Generation 6th Edition, Institute of Transportation Engineers, 1997. 1. Day Care Center, ITE Land Use S65 2. Apartment, ITE Land Use 220, adjusted to 80°% of ITE daily & 70°% of peak hour. Town Bus Trips Although not part of the project per se; buses entering and leaving the residential access drive are added to the project peak hour volumes for operational analysis purposes. The three bus routes serving the site operate at 30- minute frequency in each direction producing 12 bus trips (6 in, 6 out) per hour. These trips are added to project access trips to arrive at total access drive trips. TDA Page 8 Middle Creek Traffic Impact Study PRwEcT TRiP DISTRIBVuoN 0 Middle Creek residential trips will distribute over the surrounding road system based on trip origin or destination, and ease and directness of travel. New residential trips will travel west on the frontage road for food shopping, mail and other local personal business trips. More distant trips outside the 'Town will be oriented east toward the I -70 interchange. ,Accordingly, we distribute 50% of residential trips to the west and 50% east of the site. Day care trips, which tend to be linked to other trips, are distributed similar to existing entering and exiting patterns. • kiBE, Page 9 Middle Creek Traffic Impact Study FUTURE TRAFFIC CONDITIONS Future conditions were analyzed assuming project buildout by 2003. An annual background growth of 3% was assumed for the vehicle volume along North. Frontage Road not related to the project. This accommodates moderate continuing residential development along the North Frontage Road travelshed. For future analysis we applied the ITE trip rates to early learning center. These are somewhat higher than the observed peak hour day care volumes and are assumed to account for added business due to updating the facility. Future Volumes Figure 4 illustrates peak hour volumes expected at the intersection of North Frontage Road and Middle Creek Residential and Learning Center-accesses. The highest turning movement will be westbound right turns — 31 entering the Learning Center access in the AM and a similar volume entering the residential driveway in the PM peak hour. The highest left turn entering volume will be 26 vehicles turning into the Learning Center drive in the PM peak hour. Future Level 01 Service with Project Tables 3 and 4 depict level of service at the two access drives and along two -lane North Frontage Road at buildout of the planned Middle Creek housing development and the new Learning Center, respectively. Capacity analysis worksheets are attached as Appendix A. ResidentiaY Ma Bell Access This Stop -sign approach will operate in the LOS B range for both the AM and PM periods. This is a very acceptable level for peak hour operation at a property access intersection. Left turns 4Dfrom the site will experience short delays (LOS B) in the AM and PM peak hours. Early Leaming CenterAccess Similar to existing, this approach will experience short delay (LOS B). Leff; turns out of the site will have short delays, (LOS B). is Table 3 PM Peak Hour Existing / Buildout Level of Service North Frontage Road/Middle Creek Project Accesses Residential Learning Center Movement Access Access Southbound Left -!B AB Westbound Right -fA A/A Source: TDA Colorado, Inc. Using HCS Unsignalized Analysis. North Frontage Road, Two -lane Roadway North Frontage Road east of the project is expected to carry approximately 460 AM and 610 PM pear hour vehicle trips. At this volume, two -lane North Frontage Road will continue to operate at LOS C during both peak hours. TDA Page 10 Middle Creek Traffic Impact Study Table 4 North Frontage Road Level of Service Middle Creek Development 2 -Lane North Frontage Road Existing Buildout AMIPM AM/PM Volume 415/535 4661610 LOS* CIC CIC * See Table I TOA • • • Page 12 Middle Creek Traffic Impact Study, RECOMMENDED PROJECT ROAD bIPROVEMENTS 0 Several improvements are suggested at the Middle Creek project access intersections in conformance with the CDOT State Highway Access Code (see Figure 2). These changes reflect the 35 mph posted speed of North Frontage Road, peak hour volumes portrayed in Figure 4, and the Category F -R (frontage road) classification of the facility. Left Tura Lanes At 23 vehicles in the PM peak hour, the residential access is projected to be near the 25 vehicle per hour left turn threshold for warranting a left turn storage lane per the Code, This volume includes 3 westbound Town buses' As a matter of safety, we advise constructing a left turn storage lane at the residential access. The projected (for operational analysis) left turn volume of 26 vehicles for the Leaming Center access would just exceed this threshold. Accordingly, the left turn lane widening for the residential/Ma Bell access should extend to the new Leaning Center access. The portion between the two drives can be stripped as a two -way lent turn lane and thus serve as a left turn staging lane for left turns out of the residential access. This center lane will provide a larger, more comfortable effective left turn radius for buses turning left out of the site. Right Turn Storage Lames Neither access meets the 50-vph threshold required to warrant right turn lanes. Although a right turn lane would aid Town of 'Vail busses entering the property, widening for the center turn lane described above precludes additional North Frontage Road widening along the property's steep frontage. Right/Left Turn Acceleration Lanes Right or left turn acceleration lanes are not needed per the Code at this project for either access. The two way left turn lane suggested above will serve as a short left turn stagingiacceleration lane for Ieft turns leaving the site. 0 TDA Page 13 Middle Creek Traffic Impact Study SUMMARY OF FINDINGS A combined total of about 1,220 vehicles per day will use the two proposed Middle Creek residential and new learning center development access drives. Residents are intended to be employed at nearby Town shops, restaurants and business establishments. Daily site - generated traffic is expected to be about 20% less than a similar 142- unit apartment complex in a typical suburban setting. Similarly, the combination of daytime parking cost and availability in Vail and Lionshead Villages, proximity to Vail Village and, front door access to three of the Town's free bus routes suggests 30% less than typical site trip generation during the AM and PM commute periods. Peak period operation (level of service) of each access approach will remain in the same short delay range (LOS B) as the existing day care/Ma Bell access drive. Left turns from North Frontage Road will experience little or no delay in most cases. Left turn storage lanes are needed at each access drive per State Highway Access Code criteria. The new center lane can be striped as a Two Way Left Turn Lane. As such, the improvement will facilitate left turns (including Town buses) out of the residential site. Right turn deceleration or acceleration lanes are not needed per the Code. The volume of project traffic added to North Frontage Road will not cause a change in two -lane 35 to 40 mph highway operation. The road will continue to operate in the LOS C range, with PM operation nearing the low end of the of the LOS D service range. The nearby 1 -70 Main Vail north roundabout intersection has considerable reserve capacity to readily accommodate traffic added by this project. TDA Middle Creek Traffic Impact Sturdy Appendix A Existing and Buildout (2003) Level of Service Worksheets, AM & P1I Peak Hours TDA • • • HCM Unsignalized intersection Capacity Analysis 2: North Frontage Rd. & Day Care DW 2111/2002 Lane Configurations +T T* I F Sign Control Free Free Stop Grade 0% 0% 0% Volume (veh1h) 9 222 157 28 9 17 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (veh1h) 10 241 171 30 10 18 Pedestrians Lane Width (ft) Walking Speed (ft1s) Percent Blockage Right turn flare (veh) Median type None Median storage veh) vC, conflicting volume 201 447 186 vG1, stage 1 conf vol vC2, stage 2 conf vol tc, single (s) 4.1 6.4 6.2 tC, 2 stage (s) tF (s) 2.2 3.5 3.3 pO queue free % 99 98 98 cM capacity (veh/h) 1371 565 856 13.,J, W-B Q " !:-V, k-11 _ Volume Total 251 201 10 18 Volume Left 10 0 .10 0 Volume Right 0 30 0 18 cSH 1371 1700 565. 856 Volume to Capacity 0,01 0.12 0,02 0.02 Queue Length (ft) 1 0 1 2 Control Delay (s) 0.4 0.0 11.5 9.3 Lane LOS A B A Approach Delay (s) 0.4 0.0 10.1 Approach LOS B intersection urnma Fr- z r Average Delay 0.8 Intersection Capacity Utilization 25.2% ICU Level of Service A Baseline Synchro 5 Light Report Existing AM Peak Hour tdadensmal-ft51 FICM Unsignafized Intersection Capacity Analysis 2: North Frontage Rd. & Day Care mW 2/1112002 _ .. Movemenf1;EBLEB: :.- 'VV�BT ,:11UBfi ; -_ = SBFtfi.R,z;_�r Lane Configurations +' T+ Sign Control Free Free Stop Grade 0% 0% 0% Volume (veh /h) 14 200 314 6 15 8 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (veh /h) 15 217 341 7 16 9 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None Median storage veh) vC, conflicting volume .348 592 345 vC 1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) 4.1 6.4 6.2 tC, 2 stage (s) tF (s) 2.2 3.5 3.3 p0 queue free % 99 96 99 cM capacity (veh /h) 1211 463 698 Direction,`f.an B'f31,11W Volume Total 233 348 16 9 Volume Left 15 0 16 0 Volume Right 0 7 0 9 cSH 1211 1700 463 698 Volume to Capacity 0.01 0.20 0.04 0.01 Queue Length (ft) 1 0 3 1 Control Delay (s) 0.6 0.0 13.1 10.2 Lane LOS A B B Approach Delay (s) 0.6 0.0 12.1 Approach LOS B Intersection Summa -^< - {= Average Delay 0.7 - Intersection Capacity Utilization 28.4% ICU Level of Service A Baseline Synchro 5 Light Report Existing PM Peak Hour tdadensmal -lt51 • HCM Unsignalized Intersection Capacity Analysis 1: North Frontage Rd. & Apartment DW 2!11/2002 M ©vement �� � �: _,;��8-L �: E= BT�:yWB %�- �]I�BR�S$�: {;SBR�`� >. >; Afi..���: ��,_ �� �,��. �•��> Lane Configurations +' T+ Sign Control Free Free Stop Grade 0% 0 % 0 % Volume (veh /h) 7 242 170 8 24 25 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (veh /h) 8 2.63 185 9 26 .27 Pedestrians Lane Width (ft) Walking Speed (ftls) Percent Blockage Right turn flare (veh) Median type ... None Median .3torage veh) vC, conflicting volume 193 467 189 vC1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) 4.4 6.6 6.3 tC, 2 stage (s) tF (s) 2.5 3.6 3.4 p0 queue free % - 99 95 97 cM capacity (veh /h) 1214 526 828 Direction; Lane.:# _:'g; _ 6.1� SR° E3. ? .� •• :.'�_� _ Volume Total 271 193 26 27 Volume Left 8 0 26 0 Volume Right 0 9 0 27 cSH 1214 1700 526 828 Volume to Capacity 0.01 0.11 0.05 0.03 Queue Length (ft) 0 0 4 3 Control Delay (s) 0.3 0.0 12.2 9.5 Lane LOS A B A Approach Delay (s) 0.3 0.0 10.8 Approach LOS B 1ni&soe-6iFo-ff8dmMary- `` " -�M x_ N._ Average Delay 1.3 Intersection Capacity Utilization 25.9% ICU Level of Service A Buiidout B Baldgya tdadensmal -lt51 Synchro 5 Light Report 2003 AM Peak Hour Total Traffic HCM Unsignalized Intersection Capacity Analysis 2: North Frontage Rd. & Day Care DW 2/11/2002 Lane Configurations Sign Control Free Free Stop Grade 0% 0% 0% Volume (veh/h) 10 265 156 31 12 22 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (veh1h) 11 288 170 34 13 24 Pedestrians Lane Width (ft) Walking Speed (ft1s) Percent Blockage Right turn flare (veh) Median type None Median storage veh) vC, conflicting volume 203 496 186 vC1, stage I conf vol vC2, stage 2 conf vol tC, single (s) 4.1 6.4 6.2 tC, 2 stage (s) tF (s) 2.2 3.5 3.3 po queue free % 99 98 97 cM capacity (veh/h) 1368 629 856 IBM -Pi, W, Volume Total 299 203 13 24 Volume Left 11 0 13 0 Volume Right 0 34 0 24 cSH 1368 1700 529 856 Volume to Capacity 0.01 0.12 0.02 0.03 Queue Length (ft) . 1 0 2 2 Control Delay (s) 0.3 0.0 12.0 9.3 Lane LOS A B A Approach Delay (s) 0.3 0.0 10.3 Approach LOS B 22= Average Delay 0.9 Intersection Capacity Utilization 28.5% ICU Level of Service A Buildout Synchro 5 Light Report B Baldgya 2003 AM Peak Hour Total Traffic tdadensmal-lt5l HCM Unsignalized Intersection Capacity Analysis - 1: North Frontage Rd. & Apartment DW 2i11r2oaz MT7A_,...._.—EBLBTr: ovement �� �� - -- �r� : �, . ,. _ �• Lane Configurations *` Sign Control Free Free Stop Grade 0 %® 0% 0% Volume (veh /h) . 23 217 350 24 13 13 Peak Hour Factor 0.92 0 -92 0.92 0.92 0.92 0.92 Hourly flow rate (veh /h) .25 236 380 26 14 14 Pedestrians Lane Width (ft) Walking Speed (ftls) Percent Blockage Right turn flare (veh) Median type None Median storage veh) vC, conflicting volume 407 679 393 vC1, stage 1 conf vol vC2, stage 2 cony vol tC, single (s) 4.3 6.6 6.4 tC, 2 stage (s) tF (s) 2.3 3.7 15 p0 queue free % 98 96 98 cM capacity (veh /h) 1081 375 608 DirectionuLane Q $.�1:: B� k.: .;� ,;�_ �- _��.�• ,Y Volume Total Volume Left 261 25 407 0 14 14 14 0 Volume Right 0 26 0 14 cSH 1081 1700 375 608 Volume to Capacity 0.02 0.24 0.04 0.02 Queue Length (ft) 2 0 3 2 Control Delay (s) 1.0 0.0 15.0 11.1 Lane LOS A B B Approach Delay (s) 1.0 0.0 13.0 Approach LOS B ....1.<..—,_ ,_ ..�� _ . Entersection Summa Average Delay 0.9 Intersection Capacity Utilization 31.6% ICU Level of Service A 0 Buildout B Baldgya tdadensmal -lt51 Synchro 5 Light Report 2003 PM Peak Hour Total Traffic HCM Unsignalized Intersection Capacity Analysis 2: North Frontage Rd. & Day Care DW 2/11/2002 Lane Configurations �r Sign Control Free Free Sprtt�ap G Volume Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (veh1h) 28 222 39.3 12 29 15 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None Median storage veh) vC, conflicting volume 405 678 .399 vC1, stage I conf vol vC2, stage 2 conf vol tC, single (s) 4.1 6.4 6.2 tC, 2 stage (s) tF (s) 2.2 3.5 3.3 pO queue free % 98 93 98 cM capacity (veh1h) 1153 408 650 bife-zt Volume Total 250 Volume Left 28 405 0 29 15 29 0 Volume Right 0 12 0 15 cSH 1153 1700 408 650 Volume to Capacity 0.02 0-24 0.07 0.02 Queue Length (ft) 2 0 6 2 Control Delay (s) I'l 0.0 14.5 10.7 Lane LOS A B a Approach Delay (s) 1.1 0.0 13.2 Approach LOS 6 lrit6ri6 111=171-= Average Delay 1.2 Intersection Capacity Utilization 32.1% ICU Level of Service A Buildout Synchro 5 Light Report B Baldgya 2003 PM Peak Hour Total Traffic tdadensmal-it51 PEAK LANE] CONSULTANTS, INC. Septemer 13, 2002 PEAK LAND SURVEYING, INC. PEAK CIVIL ENGINEERING, INC. 970.476 -8644 P- FAX 970- 476 -8616 • 1000 UON'S RIDGE LOOP ■ VAIt. CO 81657 970- 726 -3232 ■ FAX 970 - 726 -4343 • 78436 US HWY 40, PO. BOX 1680 ■ WINTER PARK, CO 80482 Allison Ochs ToV Department of Community Development 75 South Frontage Road Vail, CO 81657 Re: Middle Creek Village Preliminary Drainage Report Addendum Dear Allison: The Preliminary Drainage Report for Middle Creek Village, dated August 27, 2001, proposed a sedimentation pond at the southeast corner of the proposed development. Due to design changes and recommendations, site constraints will make a pond impractical for the proposed development. In lieu of a sedimentation pond, several measures will be taken to promote stormwater runoff water quality. A curb and gutter and storm sewer system is proposed to carry stormwater through the site. The drainage system is designed with curb inlets and sand oil separators. Per Town of Vail standards, the proposed Type 13C curb inlets are designed with a 1.5' sump below the inlet to capture sediment from runoff. Additionally, two sand/oil separators are proposed to capture sediment and oil from parking lot, access drive, and snow melt runoff. A preliminary layout of these measures is shown on the grading and drainage plan. A final sizing of the drainage improvements will occur in the Final Drainage Study for Middle Creek Village, during the building permit submittal. All improvements will be designed per Town of Vail Standards. The proposed system will facilitate sedimentation from site runoff. Additionally, "Best Management Practices" will be implemented during the construction process to ensure appropriate erosion control and water quality measures are taken. Erosion control throughout the construction process will consist of silt fence, straw bales, and check dams. Please do not hesitate to contact me should you have any questions. Sincerely, w-4,-W Mark B. Tarrall Peak Civil Engineering, Inc. • PA1Mountain Hell 3ite1I0391Docsldrainage addmdum.doc Attachment: J Preliminary Drainage Report For Middle Creek Village Town of Vail, Eagle County, Colorado • August 27, 2001 Prepared For= Odell Architects Prepared By: Peak Civil Engineering, Inc. 1000 Lions Ridge Loop Vail, Colorado 81657 0- I-lydrolou Summary Table Water Quality Issues Proposed inlet design will include additional depth in accordance with Town of Vail standards to facilitate sedimentation. Proposed sedimentation pond at the southeast corner of the project site will also act to promote sedimentation and infiltration of runoff from the site. All swales will be grass lined or Iined with rip -rap when water velocities and slope mandate. Additionally, silt fence and straw bale dikes will be used throughout the site during the construction process. Proposed Drainage Improvements Proposed drainage improvements include extension of the existing Middle Creek culvert to the north, catch basins in Mountain Bell road at both the southwest entrance and the southeast entrance to the site, and culverts under the Mountain Bell road entrances to accommodate the north frontage road drainage. Hydraulic calculations for the drainage improvements are included in the appendix. a� Conclusions Runoff from the proposed development will follow existing drainage patterns. The proposed sedimentation basin will sere ;15 a water quality feature to promote sedimentation and infiltration. Catch basins will have additional depth to further facilitate sedimentation. Inlets, catch basins and culverts will be designed to safely pass the 10 -year event. Surface drainage improvements will be designed to safely pass the 100 -year event without damage to property. As the site plan is refined, this drainage study will need to be updated. • West Exist. West Prop_. East Exist. - East Prop. 2.8 ac. 14.7ac. 10 -Year 2.5 ds 3.3 ds 7.0 ds 11.3 ds 100 - Year 6.7 ds 7.6 ds 27.2 cl's 32.8 ds Water Quality Issues Proposed inlet design will include additional depth in accordance with Town of Vail standards to facilitate sedimentation. Proposed sedimentation pond at the southeast corner of the project site will also act to promote sedimentation and infiltration of runoff from the site. All swales will be grass lined or Iined with rip -rap when water velocities and slope mandate. Additionally, silt fence and straw bale dikes will be used throughout the site during the construction process. Proposed Drainage Improvements Proposed drainage improvements include extension of the existing Middle Creek culvert to the north, catch basins in Mountain Bell road at both the southwest entrance and the southeast entrance to the site, and culverts under the Mountain Bell road entrances to accommodate the north frontage road drainage. Hydraulic calculations for the drainage improvements are included in the appendix. a� Conclusions Runoff from the proposed development will follow existing drainage patterns. The proposed sedimentation basin will sere ;15 a water quality feature to promote sedimentation and infiltration. Catch basins will have additional depth to further facilitate sedimentation. Inlets, catch basins and culverts will be designed to safely pass the 10 -year event. Surface drainage improvements will be designed to safely pass the 100 -year event without damage to property. As the site plan is refined, this drainage study will need to be updated. • Introduction The Middle Creek Village site is a parcel of land in the Town ofVail, located in the Southeast Y< of Section 6, Township 5 South, Range 80 West. The site is north of the north frontage road of I -70 approximately ' /e mile west of the main Vail interchange. The attached vicinity map shows the project location. The existing site proposed for development is approximately 8.1 acres and includes the existing Mountain Bell Road and the Qwest (old Mountain Bell) microwave tower building. The proposed development plan consists of 8 multi -unit buildings with related parking and appurtenant structures. Mountain Bell Road would be extended through the site to create a loop to and from the north frontage road. Existing Hydroiou Middle Creek passes through the property from north to south approximately 250 feet west of the existing Mountain Bell Tower building. The Middle Creek drainage basin is approximately 6 square miles and is included in the Flood Insurance Study of the Town of Vail dated November 2, 1982. The hydrology of the drainage basin will remain largely unchanged as a result of the proposed development. The 100 year floodplain based on stream depth, as shown on flood profile panels 07P thru 09P, has been delineated and is included in the appendix. The westerly 113 of the proposed development site (2.8 acres) is within the Middle Creek drainage basin. The existing Mountain Bell Tower building, parking lot and driveway to the north frontage road occupies 0.9 acres of the proposed development site. The easterly 2/3 of the site (5.3 acres) flows south to the roadside ditch along the north frontage road which flows east toward Spraddle Creek. All hydrology calculations in this study utilized the Rational Method. This method has been shown to be appropriate for calculating the hydrology of small drainage basins of fewer than 100 acres. Runoff coefficients were taken from the Urban Drainage Manual, Denver Regional Council of Governments, Table 3 -1, and rainfall intensities were taken from the Town of Vail "Intensity — Duration — Frequency Curves". The table and curves are presented in the Appendix. Proposed Hydrology The development of the existing site will utilize the existing drainage basins with I/3 of the site draining to Middle Creek and 2/3 of the site draining to the north I -70 frontage road ditch. Approximately 9.4 acres of offsite drainage flowing through the site are included in the rational method calculations. Proposed drainage patterns through the site will approximate the existing conditions. No detention is proposed for the site. The summary table presents the results of the study with hydrology calculations shown in the appendix. • �K N L77 W Y l� f-1 d f m C> -N L0 (1) m ro y tZ i t o t PROJECT LOCATION a i i Y r p } m J i u 7 ZI i z Qo rHTf�sr,rC 'o i w J jr } � a rt Ucuyyµ� r K r F dff f r 5 Ul SEC 6 T. 6 TOVMSHIP 5 SOUTH[ i L k' APAM! dW ➢L90ED BA. OOI RE%WV 3 t NTS pc "R DAM t"'Z1r11, SHEET 1 Y_'' s, L� ,,,•� pRAINAGE CRITERIA MANUAL TABLE 3 -1 (42) RECOMmMENDED•RUNOFF COEFFICIENTS AND PERCENT IMPERVIOUS LAND USE OR PERCENT .90 FREQUENCY _ .45 SURFACE CHARACTERISTICS IMPERVIOUS 2 5 10 100 Business' .85 .90� .90 .00 .01 Commercial Areas 95 .87 : .87' .88 ..89 Neighborhood Areas 70 .60 .65 .76- .80 Residential: Single- Family * .40 .45 .50 .60 Multi -Unit (detached) 50 .45 .50 ,66'� 70-- Multi -Unit (attached) 70 .60 .65 .70' .80 1/2 Acre Lot or 'Larger * ,30 .35 .40 ---.60 RUNOFF ApartmenLs .70 .65 .70 .70 .80 Industrial _.. . Light Area,s 80 .11 .72_ .76. .82V Heavy "Acres 90 --:.80 - .80 - .85- - -- .90 - -;� Parks,. Cecnetar es: _ 7 ",'.-10- .18 .25- - --:45 Playgrounds: 13 .15r .20' # ;` :30 M.50 °} ' Schools :. - -. - S0 .45 :« 5 "o. - -7. P,a i l road Yard Areas 20 .20 ='.25 .35 45 r Undeveloped Areas: Historic Flow' Analysis- 2 (Se e "Lawns') °L ") r` Greenbelts, Agricultural k ° Offsite Flow Analysis 45 .43 .47 .55 .65 ^=:(when land use not defined) _ Streets: Paved 100 Gravel (Packed) . 40 Drive and W;0 -z- f S6 Roofs: Lawns, Sandy Soil Lawns, ClMIL Soil NOTE: 90 0 0 .87 .88 .90 .93 .40 . .45 ` .50 .60 .87 .87 .88 - ,80 .85 .90� .90 .00 .01 .05 .20 .05 .15 -.25 .50 ti� f These Rational Formula coefficients may not be valid for large basins. *See Figure 2 -1 for percent impervious. 11 -1 -90 1145;x{;" rtcn i.` irC Rtiili C1 nnn rnjwrnrr nrI -r+T II FROM: DRCOG URBAN STORM 0 DRA NAGc CRITERIA - MANUAL 0- Hydroloey Calculations • C-0 uJ cl- 4 4 d rn O l y U7 Y--1 Q7 co fO I SCALE! 1` = 3000` rz: M ra M -1 Co C3 LU Z L) UJ LLB J � Ll LU MAEft UM�AM Wr . sm MEMEVM E Pwc imp I&V MIDDLE CREEK VILLAGE RATIONAL METHOD TOTAL AREA = C1 - PVMT & BLDG C2-FOREST C10 = C100 = 8/21/01 WEST DRAINAGE AREA - EXISTING CONDITIONS 2.8 AC Jab No. 1039 T1 = SHEET FLOW, 300 FT c@ 40 %. By: GKM 0.7 AC 16.23 min. C10 = 0.88 0100 = 0.89 Runoff Coefficient - C T2 = SHALLOW FLOW, 550'@ 40% from Table 3 -1, Urban Drainage 2.1 AC 11.78 fps C10 = 0.25 C100 = 0.50 Runoff Coefficient - C T2 (10 yr) = 550'/ 11.78fps x 60 from Table 3 -1, Urban Drainage (0.88x0.7)+ (0.25x2.1)/2.8 p.41 (0.89x0.7) +(0.50x2.1)12.8 0.60 TIME OF CONCENTRATION T1 = SHEET FLOW, 300 FT c@ 40 %. T1 (10 yr) = (1.1 - 0.41) x Length -"1/2/S "113 16.23 min. T1 (100 yr) = (1.1 - 0.60) x Length "112 / S ^113 11.78 min. T2 = SHALLOW FLOW, 550'@ 40% V10 = 1.49 / N x (A/P)" 2/3 x S^ 112 11.78 fps V100 = V10 11,78 fps T2 (10 yr) = 550'/ 11.78fps x 60 0.78 min. T2 (100 yr) = 550'/ 11.78fps x 60 0.78 min. TOTAL Tc10 = 21.4 +.8 = 17.0 min. TOTAL Tc100 = 11.8+,8= 12.6 min. INTENSITY (1) _ 110= 2.2 in. /hr. 1 100 = 4.0 in.lhr. PEAK FLOW RATE (Q) Q = CIA Q 10 = (0.41) x (2.2) x (2.8) = 2.51 cfs Q100= (0.60) x (4.0)'x (2.8) = 6.69 cfs n = 0.025 A/p = 6113 - 12`Wx0.5`d s = 0.11 Intensity (1) from Towns of Vail IDF curves MIDDLE CREEL{ VILLAGE RATIONAL METHOD TOTAL AREA = 14,7 AC CI-FOREST 14.7 AC C10 = 0.25 TIME OF CONCENTRATION T1 = SHEET FLOW, 300 FT c@ 40%. T1 (10 yr) = (1.1 - 0.25) x Length "1/21 S "1/3 T1 (100 yr) = (1.1 - 0.50) x Length ^1/2 / S ^1/3 T2 = SHALLOW FLOW, 950 FT @ 66%. 10' WIDE, 0.5' DEEP V10 & V100 = 1.491n x (A/P) ".67 x S ^,5 V10 & V100= 1.49/n x (5/11) ^.67 x .66 ".5 T2 (10yr) = 950 / 14.3 x 60 T2 (100yr) = 950 114.3 x 60 8/22101 EAST DRAINAGE AREA - EXISTING CONDITIONS Job No. 1039 By: GKM C100 = 0.50 Runoff Coefficient - C from Table 3-1, Urban Drainage T3 = CHANNEL FLOW, 500 FT @ 9 %. ROADSIDE DITCH - 2' DEEP 3:1 SIDES, ni = 0.05 V10 & V100 = 1.49/n x (A/P) ^.67 x S ^.5 V10 & v100 = 1.49/n x (12/12.6) ".67 x .09^.5 T3 (10yr)= 500/8.7x60 T3 ( 100yr) = 500 / 8.7 x 60 TOTAL Tc10 = 19.9 + 1.1 + 1.0 = TOTAL Tc100 = 14.5 + 1.1 + 1.0 = INTENSITY (I) (Vail IDF Curves) 110= 1100= PEAK FLOW RATE (Q) Q = CIA Q10= (0.25) x (1.9) x (14.7) = Q100= (0.50) x(3.7) x(14.7)= 19.92 min. 14.06 min. 14.27 fps 1.1 min. 1.1 rain. 8.65 fps 1.0 rain. 1.0 min, 22.0 min. 16.1 min. 919 in,/hr. 3.7 in. /hr. 6.98 cfs 27.20 cfs n = 0.05 Alp = 5/11 - 10'Wx0.5'd s = 0.66 n = 0.05 A/P = 12112.6 S = 0.09 intensity (1) from Town of Vail IDF curves is 0 n ru 0 R -A I MIDDLE CREEK VILLAGE DEVELOPED DRAINAGE BASIN.; TOWN DF- VAIL, EAGLE COUNTY, COLDRAD❑ 0 • • MIDDLE CREEK VILLAGE NATIONAL METHOD TOTAL AREA = C1 - PVMT & BLDG C2-FOREST C10 = C100 2_8 AC 1.3 AC C10= 8/21/01 WEST DRAINAGE AREA - DEVELOPED CONDITIONS Job No. 1039 By: GKM 0.88 C100 = 0.89 Runoff Coefficient - C from Table 3 -1, Urban Drainage 1.5 AC CIO= 0.25 C100 (0.88x1.3) +(0.26x 1.5) 12.8 (0.89x1.3) +(0.50x1.5)/2.8 TIME OF CONCENTRATION T1 = SHEET FLOW, 300 FT @ 40 %. T1 (10 yr) = (1.1 - 0.88) x Length "1l2 f S Al /3 T1 (100 yr) = (1.1 - 0.89) x Length ^v2 / S ^1/3 T2 - SHALLOW FLOW, 550' @ 40% V10= 1.49 /Nx(A/P)^213xS ^112 V100 = V10 T2 (10 yr) = 550' / 11.78fps x 60 T2 (100 yr) = 550'11 1.78fps x 60 TOTAL Tc10 = 13.o+.8= TOTAL Tcl00 = 9.8 +.8 INTENSITY (I) _ 110= 1100= PEAK FLOW RATE ( Q) Q = CIA Q 10 = (0.54) x (2.2) x (2.8) = Q 100 = (0.68) x (4.0) x (2.8) = 0.50 Runoff Coefficient - C from Table 3 -1, Urban Drainage 0.54 0.68 13.07 min. 9.82 min. 11.78 fps 11.78 fps 0.78 min. 0.78 min. 13.8 min. 10.6 min. 2.2 in. /hr. 4.0 in./hr. 3.34 cfs 7.63 cfs n = 0.025 Alp = 6/13 - 12'Wx0.5'd S = 0.11 Intensity (0 from Town of Vail IDF curves MIDDLE CREEK VILLAGE RATIONAL METHOD TOTAL AREA = C1 - FOREST C2 - PVMT & BLDGS C10 = 0100 = 8/27101 EAST DRAINAGE AREA - DEVELOPED CONDITIONS 14.7 AC Job No. 1039 By: GKM 12.0 AC C10 = 0.25 C100= 0.50 Runoff Coefficient - C from Table 3 -1, Urban Drainage 2.7 AC C10= 0.88 C100 = (0.25x 12.0) +(0.88x 2.7)114.7= (0.50 x 12.0) + (0.89 x 2.7)114.7- TIME OF CONCENTRATION T1 = SHEET FLOW, 300 FT @ 40 %. T1 (10 yr) = (1.1 - 0.37) x Length "1121 S 11/3 T1 (100 yr) = (1.1 - 0.57) x Length "1121 S "113 T2 = SHALLOW FLOW, 950 FT @ 66 %. 10' WIDE, 0.5' DEEP V10 & V100 = 1.49/n x (A/P) ".67 x S ".5 V10 & V100= 1.491n x (5/11) ".67 x .fib ".5 T2 (10 yr) = 950 / 14.3 x 60 T2 (100 yr) = 950114.3 x 60 T3 = CHANNEL FLOW, 500 FT @ 9%. CURB & GUTTER - 6" DEEP, n = 0.013 V10 & V100 = 1.491n x (A/P)i,.67 x S ".5 V10 & v100 = 1.49/0.013 x (3.5114.5) ".67 x .09 ".5 T3 (10 yr) =500113.3x60 T3 (100 yr) = 500 / 13.3 x 60 TOTAL Tc10 = 17.2 + 1.1 + 0.6 TOTAL Tc100 = 12.4 + 1.1 + 0.6 = INTENSITY( I) _ 110= 1 100 = PEAK FLOW RATE (Q) Q = CIA Q 10.^ (0.37) x (2.1) x (14.7) = Q 100 = (0.57) x (3.9) x (14.7) = 0.89 0.37 0.57 17.21 min. 12.38 min. 14.27 fps 1.1 min. 1.1 mina 13.27 fps 0.6 rain. 0.6 min. 18.9 min. 14.1 min. 2.1 in. /hr. 3.9 inJhr. 11.29 cfs 32.77 cfs n = 0.05 Alp = 5111 - 10'Wx0.5'd S = 0.66 .n = 0.013 Alp = 3.5/14.5 - 14'Wx0.5'd s = 0.09 Intensity (1) from Town of Vail IDF curves ,a; w rn� 'T— (D C� {a �r N to I a n F V T 7 7 J r a 0 a • C. • Hydraulic Calculations MIDDLE CREEK VILLAGE 8122101 HYDRAULIC CALCULATIONS INLETS: SUMP CONDITION Use D &L 1 -3386 Grate Open area = 2.5 sf Ponding Depth = 0.5 ft K = 0.7 (30 % clogged) C = 0.6 entrance toss coef.� ORIFICE EQUATION - V = C x (2gh )^I/2 and Q = KVA V= 3.4 fps Q 6.0 cfs West Drainage Area - Q10 = 3.4 cfs, Q100 = 7.6 cfs, 2 - Inlets (one on each side of Mt. Bell Road - 6 cfs X 2 = 12 cfs Qr o ® % East Drainage Area - Q10 = 11.3 cfs, Q100 = 32.8 cfs 2 - Inlets (one on each side of Mt. Bell Road - 6 cfs X 2 = 12 cfs LA D k y �I 10 - Side inlet Catch Basin Frame and Cover 1 � Appx• Wt_ 93 lbs. 3/4' 1/2•J 21 3/4` 5/16' _f3/4' u ' 4. x r r fltiet Fram2S- al 27 l!,• f -'�-L9 v2• p 12� _ i S i /B•-J L l li8• 2 L V 2l 1Ai• l9 ]l�•� I 111 L 2S Ir2' Appx. VIA. 590 lbs. Available with: W Grate 32 +• Ir 3. OR + -SIM FRAME Catalog No. "r..-- of Grate Total-Weight Catalog No. - Concave Gutter Inlet Frame IL _ and Grate � y :� - -{ L ?,- k T 340 1 -3446 3 Sided Flat 360 zs 2 Sided Flat 340 1 -3448 4 Sided Concave 380 W � 3 Sided Concave 360 I t V 21• Fm mr-lir-1 a 1 + r 1- I�� -- -a9 ar l 2 w 37 I VA. as va� I L��48 VANE GRATE r r fltiet Fram2S- al 27 l!,• f -'�-L9 v2• p 12� _ i S i /B•-J L l li8• 2 L V 2l 1Ai• l9 ]l�•� I 111 L 2S Ir2' Appx. VIA. 590 lbs. Available with: W Grate 32 +• Ir 3. OR + -SIM FRAME Catalog No. "r..-- of Grate Total-Weight Catalog No. Type of Grate Total W4 1 -3440 2 Sided Concave 340 1 -3446 3 Sided Flat 360 1 -3442 2 Sided Flat 340 1 -3448 4 Sided Concave 380 1 -3444 3 Sided Concave 360 1 -3450 4 Sided Flat 380 �F 1 95 r I • • . Table Rating Table for Circular Channel Project Description 10.09 Project File c:1 e.fm2 Worksheet 18" CULVERT Flow Element Circular Channel Method Manning's Formula Solve For Discharge Constant Data Mannings Coefficient 0.010 Depth 1.30 ft Diameter 18.40 in Input Data Minimum Maximum Increment Channel Slope 0.005000 0.050000 0.005000 ftfft Rating Table Channel Slope Discharge Velocity (ft/ft) (cfs) (ftls) 0.005000 10.09 6.20 0.010000 14.26 8.77 3 G 1- S C- 'J 0.015000 17.47 10.74 0.020000 20.17 12.40 0.025000 22.55 13.86 0.030000 24.70 15.1.8 0.035000 26.68 16.40 0.040000 28.53 17.53 0.045000 30.26 18.59 0.050000 31.89 19.60 7 Brookside Road Waterbury, CT 06708 (203) 755 -1666 FlowMaster x5.15 Page 1 of 1 Table _ Rating Table for Circular Channel Project Description Project File e^tm2 Worksheet 24" CiJLVERT Flow Element Circular Channel Method Manning's Formula Solve For Discharge Constant data Mannings.Coefficient 0.010 Depth 1.75 ft Diameter 24.00 in input Data Minimum Maximum Increment channel Sloe 0.005000 . 0X50000 0.005000 Rift Rating Table Channel Slope Discharge Velocity ft/ft cis ft/s 0.005000 21.85 7.50 0.010000 30.90 10.60 0,015000 37.84 12.98 . :a n = 3 c � / ��!( r, 0.020000 43.70 14.99 T 0.025000 48.86 16.76 ` 0.030000 53.52 18.36 0.035000 57.81 19.83 0.040000 61.80 21.20 0.045000 65.55 22.49 0.050000 69.09 23.70 08122,x01 04.42:53 PM F1owMaster v5.15 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 0670$ (203) 755 -1666 Pagel of 1 Middle Creek Village Parking Management Plan The Middle Creek development provides all of the parking spaces that are required by Town Code, for a total of 247 spaces. Of these, approximately 85% of the residential spaces are covered, and 70 slots (140 spaces) are in a tandem configuration. There are a total of 68 units that are either 2- bedrooms or 3- bedrooms. Each of these will be assigned to a tandem slot. That leaves only two additional tandem slots, which will be assigned to two of the studio or 1- bedroom units. This can be easily accommodated since each of the studio and 1 bedroom units has 1.5 spaces provided for it. Allocation and Assignment of Parking Spaces It is anticipated that each unit (except perhaps 1 studio unit) will have available to it a parking space(s) within the parking structure. There are 211 covered spaces, which we anticipate would be allocated as follows: Number COVERED Total Unit T e of Units Per Unit Allocation Covered Spaces 2 Bedroom Units 24 1 covered tandem 48 3 Bedroom Units 44 1 covered tandem 88 Studio Units 44 ** 1 covered single 44 1 Bedroom Units 27 1 covered single 27 1 Bedroom Units 2 1 covered tandem 4 Total 141 ** 211 U ** NOTE: In this allocation, there would be 1 additional studio unit that would not have a covered parking spaces This reconciles the total unit count to 142 units Surface spaces will be available for visitors, or for second cars for the studio and 1 bedroom units. All tenant cars will be registered with the leasing office and will have some sort of identification on the car itself (hang tag or sticker). Attachment: K 0 L • ra�18 a a f [list 8K w v z: � I c •1� a 9� � W rc i r z E i S 3 illy F FNI I U w 4 e I, 6 rp is. 1 9 b Pool qq e F 1r fit I ,o a L� � Y 4 p !4 ■ eb!Ri ✓�`pl *et�15�1ip p a afr9��`pr v'481 =e k1 L7 R, �5�� It 19 xX ig ! &sRE p i "rFrar!! 63 ie rsl Q a�a'b�n z r�rke n Rp_ a �R �si2 nd r Nel y{ q fill [� L F! a366aFe 'i Fni= r °frf� r �� 4`!n 4p = to 9 e !a ��. i' a r• b p; i �b a � s Attachment: X111i MIS e g rC! s aer� Y`�r�frrr�"!T ;get ge$yApr; rae aap! a ysa =�g2 rpxa ! eii!�p,�FpR f5 : "xR p3ci��Y] n• w 4 i. �Gg n g E fiprl. l a '#fg l 11.41 s � v Mi sr. 11 11a rig W.H. I � 6 � < 3 a f �... r ! 0 �_! • • • (TOWN OF VAL) I e.L x. nor i I ii SW2fn6'E - 6630.99S Ir•al —1 s1i KK arc. a) , _ �m+rFv. - • eiW — / f . All a ;Ally 7 I II f a En F, v W lxk I w� I LZ i U "-1 I r&4 �I xu016']rl'W 7maiY (Cz) poo Sr - axx m> Svmw..! I � Ua d al wQ �2 �fy ®.a ,TORN F. N ALO 333 LOGAN STREET, SUITE 100 DENVER, COLORADO 80203 -4089 August 15, 2002 Town of Vail Town Council 75 South Frontage Rd., West Vail CO 81657 Gentlemen: As a past president of the Board of the All Seasons Condominium Association, I write you to strongly oppose the proposed Mountain Bell Affordable Housing Project. The need is apparent, but the choice of location is disastrous. We all want to keep the environs and architecture at Vail as originally conceived by its founders. This is what makes Vail aesthetically beautiful. L,ionshead is an example of bad planning. Let's not follow this thinking in the core village area. I can't imagine approaching Vail and looking at this proposed monster as I drive in. What will visitors think? Other areas are available and you, as members of the Town Council, can certainly find a better location that the one proposed. JFM :bc Sincerely, John F. Malo Vail Resident since 1966 B -1, All Seasons Attachment: M Vail, CO 81657 Please contact the Association should you have questions or concerns regarding this issue. Post Office Boa 238 Telephone: (970) 827 -5680 e -mail: Dear: Mayor and Town Council Planning and Environmental Commission Design Review Board Vail, Colorado 81658 Voice MaiUFAX; (970) 827 -5856 4 NLI UWe, as property owners, believe that the size of the proposal for the Mountain Bell Site is incompatible with the beauty and world -class scenic image of Vail's main entrance. We urge the Town of Vail to significantly reduce the size of the housing project or move it to a more appropriate venue. While we all recognize the importance of affordable employee housing, we urge the Town to preserve and protect Vail's image as visitors first enter our beautiful Village. As at all other resorts, employee housing should not be the first visual visitors will encounter. Truly affordable employee housing should not be attempted where it is neither appropriate nor affordable. Signed: Print Name: A7 C- $CL'7 ,01`� [J� 4 of 4 • i • Ll • August 12, 2002 Town of Vail Planning & Environmental Commission Department of Development 75 South Frontage Road Vail, CO 81657 Dear Commission & Development Staff: Having reviewed plans for Middle Creek I wish to voice both support and concern about the project. First, I do favor development of reasonably priced employee housing that is of respectable quality, thus encouraging residents to behave with respect for their surroundings and neighbors. The Mountain Bell/Middle Creek location seems appropriate to this use as it is close to work and hopefully residents would be encouraged to utilize public transportation or walking to work rather than further impacting Vail's limited parking. My concerns are based upon the anticipated price of rents in the units and the size and balance of the structures on the site. All our employees are conscious of rents and many struggle to make ends meet although they work two or more jobs. If at all possible, keeping rents per bedroom below $650 per month would be important. Second, the sketches of the proposed buildings appear to be imposing and too much for the small site. Granted, the Mountain Bell tower and the school are not examples of exceptional architecture, however, I feel that what is proposed it out of scale with the natural landscape. Further, when passing through the roundabout, this will be a primary introduction to Vail. An oversize building on this site simply is nor appropriate. As a neighbor across the street (Interstate) and as both a business owner and resident of Vail, I urge you to consider how the views of the building from the east and from the south will be im acted It ma be necessary to scale the development down in order to p Y maintain an attractive balance and not overdevelop the site. : TI icer ly, amela Stenmark General Manager General Partner 250 South Frontage Road West • Vail, Colorado 81657 970 - 476 -7810 • FAx 970 -476 -4504 • www.evergreenvail.com � r a 79 t t cs r' qtr ru f S ,< Ha as f rra e n J cr Are (--r 0; 4x la V� •fir AJ TH tAf r S t 714 6 'i` i AS G /u a �" N IL S / /a /a-Z 1zw • ARTHUR KELTON JR 225 WALL STREET VAIL, COLORADO 81657 970- 476.7990 TO MAYOR LUDY KURZ THE P.E.C. THE DESIGN REVIEW BOARD PLEASE COUNT ME AMONG THOSE OPPOSED TO THE OVER DEVELOPEMENT OF THE "MOUNTAIN BELL" SITE NOW DESIGNATED MIDDLE CREEK. THIS SITE WAS ONLY REZONED TO ALLOW FOR 40 EMPLOYER OWNED UNITS, NOT THE ENLARGED DESIGN ON THE TABLE TODAY. THIS IS THE ENTRANCE TO THE TOWN OF VAIL, THE FIRST IMPRESION THAT THE VISITOR IMPRINTS. NPLEAESE RECONSIDER THE DENSITY AT THIS LOCATION AND SPREAD IT TO OTHER AVAILABLE SITES SO AS TO MAINTAIN THE INTEGRITY OF THE RESORT EXPERIENCE. ART 8/12 .7 ELAINE KELTON 1034 HOMESTAKE CIRCLE VAIL, COLORADO 81657 970 -476 -5411 DEAR MAYOR KURZ PLANNING & ENVIRONMENTAL COMMISSION DESIGN REVIEW BOARD YES, WE NEED INTEGRATED LONG TERM AD SEASONAL HOUSING YES, WE NEED EMPLOYER OWNED HOUSING. YES, WE NEED A LOT OF IT. BUT WE DO NOT NEED ALL OF iT IN ONE LOCATION, ESPECIALLY ONE WHICH IS SO VERY VISIBLE AT THE "FRONT DOOR TO VAIL ". THE ALTERNATIVES ARE AVAILABLE TO SPREAD THE UNITS NEEDED: THE "HUD WIRTH PARCEL" AND THE TIMBER RIDGE SITES COULD PERHAPS ABSORB THE NEEDED UNITS. EACH OF THE ALTERNATE LOCATIONS WOULD ALSO HAVE AVAILABLE PUBLIC TRANSPORTATION. WE NEED TO CONSIDER AS THE IROQUOIS NATIONTHE IMPACT ON TH E "SEVENTH GENERATION" BUILDING THE LARGEST SINGLE PROJECT AT THE ENTRANCE OF THE TOWN — THE 1sT THING SEEN AS YOU EXIT 1 -70 AND THE VIEW FROM THE, MOUNTAIN AS YOU SKI DOWN AT THE END OF EVERY DAY DOESN'T FEEL SYMPATHETIC TO ALL WE ESPOUSE AS A WORLD CLASS RESORT. LASTLY, PLEASE DO NOT FORGET THAT THIS LAND WAS ORIGINALLY DESIGNATED OPEN SPACE AND THE REMOVEABLE OF THIS TRACT WAS DONE TO CREATE A SMALL POCKET OF 40 EMPLOYER HOUSING UNITS. SINCERELY, ELAINE KELTON • t I 3L 5 f�lt�0 �R� • Page 1 of 1 Pam Brandmeyer - Fw: Mountain Bell Site - Proposed high - density housing From: "DIANA DONOVAN" <dianamdonovan (u)msn.com> To: "Pam Brandmeyer" <pbrandmeyer(ci.vail.co.us> Date: 8/12102 12:53 PM Subject: F'w: Mountain Bell Site - Proposed high - density housing - ---- Original Message — - From: Ronald Snow To: towncouncil@ci.vaii.co.us Sent: Sunday, August 11, 2002 5:12 PM Subject: Mountain Bell Site - Proposed high - density housing Gentlemen, We have just learned of the effort to change this dedicated open space to high - density development. We understand that this site was donated to the town as a permanent open space and to preserve the entry to Vail as a mountain community and not as a congested urban core. Violation of this trust by public officials should not be considered under any circumstances and should result in forfeiture of the property if this is your intent. This site is very steep and cannot be developed in any fashion without considerable compromise to its natural character. Any efforts to design a "hidden" development project, let alone a high- density use are impossible and incompatible with this site. The location is not remote from neighbors willing to protect it from irrational development but is central to all of our daily lives each time we enter the village and each time we traverse its corridors. This is not the impression that our visitors and residents should have of the Vail experience. On behalf of all owners and residents, please do not indulge in planning that is so short sighted. The Lionshead improvements and other Village plans have proceeded with much more deliberation and thoughtful planning. High - density additions on open space must be deliberated and planned even more thoroughly. Sincerely, Ron and Mary Snow 401 Scorpio 135W Meadow Dr. Ron Snow Do You Yahoo!? Hot-Jobs, a Yahoo! service - Search Thousands of New Jobs file: / /C:\WindowslTEMP1GW}0(1001.HTM 8/12102 Page 1 of 1 Pam Brandmeyer - Fw: Mountain Bell Affordable Housing Project From. "DIANA DONOVAN" <dianamdonovan@msn.com> To: "Pam Brandmeyer" <pbrandmeyer()ci.vail.co.us> Date: 8112102 12:50 PM Subject: Fw: Mountain Bell Atiordable Housing Project - - - -- Original Message - - - -- From: <Mjoemchugh@aol.com> To: <towncouncil@ci.vail.co.us> Cc: <jflamont @vail.net> Sent: Sunday, August 11, 2002 12:05 PM Subject: Mountain Bell Affordable Dousing Project • We are East Vail property owners and believe that the proposal for the • development of the Mountain Bell site is not compatible with the desired • beauty of Vail's main entrance and is in direct conflict with the planned • "Front Door" project intended to improve and beautify Vail's main access. • The size and design of the proposed project are grossly inconsistent with the > upscale image Vail tries to convey. > Additionally, we understand that the cost of the project will render the > necessary rental rates decidedly unaffordable to the overwhelming majority of > the seasonal employees for whom it is intended, thereby defeating the purpose > of the entire project. > The alternative proposal set forth by Gail Steadman in the August 7th issue > of the Vail Daily makes a lot more sense from many perspectives. > > Sincerely, Brenda & Joe McHugh, 4014 Bighorn Road, Vail file : / /C:1Windows\TEMP1G W) 00002.HTM 8/12/02 is 0 • Page 1 of 1 Pam Brandmeyer Fw: Mountain Bell Site Proposal From: "DIANA DONOVAN" <dianaindonovan(amsn.com> To: "Pam Brandmeyer" <pbrandmeyerci.vail.co.us> Date: 8/12/02 12:48 PM Subject: Fw: Mountain Bell Site Proposal -- Original Message - From: Scorpio404 To: towncouncil@ci.vail.co.us Sent; Sunday, August 11, 2002 11:19 AM Subject: Mountain Bell Site Proposal Dear: Mayor and Town Council Planning and Environmental Commission/Design Review Board We, as property owners, believe that the size of the proposal for the Mountain Bell Site is incompatible with the beauty and world -class scenic image of Vail's main entrance. We urge the Town of Vail to significantly reduce the size of the housing project or move it to a more appropriate venue. While we all recognize the importance of affordable employee housing, we urge the Town to preserve and protect Vail's image as visitors first enter our beautiful Village. As at all other resorts, employee housing should not be the first visual visitors will encounter. Truly affordable employee housing should not be attempted where it is neither appropriate nor affordable. There seems to be much more appropriate land available (i.e. the ruins ") for this purpose. Thank you for your consideration in this matter. Debora Morris and S.J. Prapuolenis Scorpio #404 file : / /C :\Windows\TEMP1GW) 00001.HTM 8/12/02 Page 1 of 1 Pam Srandmeyer - Fw: Day Care Center From: "DIANA DONOVAN" <dianamdonovan(q,)msn.com> To: "Pam Brandmeyer" <pbrandmeyerci.vail.co.us> Date: 8/1 2102 12 :18 PM Subject: F'w: Day Care Center - - -- Original Message ----- From: EMercyjr @aol.com To: towncouncil@ci.Vail.co_us Sent: Saturday, August 10, 2002 8:28 AM Subject: Day Care Center Members Of the Vail Town Council: I am writing to express our support for two critical issues which will impact the long term viability of Vail as an outstanding national resort. The day care center should be expanded at its present site. It is an essential employee benefit which is much needed and is a logical use that would be compatible with the site. Affordable housing must be a priority. If Vail is to thrive as a destination resort it must be able to attract service employees in large numbers. Without housing this simply will not be possible. Sue and Gene Mercy Villa Cortina 330. file : / /C:\Windows\TEMP1GW } 00002.HTM 8112102 • 0 Page 1 of 1 Pam Brandmeyer - Fw: Mountain Bell Site 40 ____ From: "DIANA DONOVAN" <dianamdonovan@,msn.com> To: "Pam Brandmeyer" <pbrandmeyer�ci.vail.co.us> Date: 8/12/02 12:01 PM Subject: Fw: Mountain Bell Site • - - - -- Original Message - - --- From: andy wiessner To: towncouncil @ci.vail.co.us Sent: Friday, August 09, 2002 3 :34 PM Subject: Mountain Sell Site Dear Council Members, I am supportive of putting affordable housing at the Mountain Bell site, but hope that in approving any project you will keep the following in mind: 1.the project be of sych a size as to blend into the terrain and forested area in the vicinity. In particular, the taller trees on the site should be preserved and the building(s) landscaped so that visual intrusion is minimized; 2. 1 think the drawings I have seen which involve a 5 story structures), have buildings which are probably too high for that particular location. Can the height be lowered to 2 -3 stonesd so that it is similar to the majority of the other developments on the north frontage road? 3. Parking should be underground. 4. VERY IMPORTANTLY IN MY MIND, THERE SHOULD BE SOME SORT OF BRIDGE OR WALKWAY TO VILLAGE SO THAT PEOPLE CAN GET THERE ON FOOT. The current underpass at the Vail 1 -70 exit too narrow (icy in winter) is not adequate for people to travel by foot. It either needs to be widened—or some sort of foot bridge put across /under the Interstate.lf foot access is not provided, there will be a traffic problem at the rotary. If a foot path is too expensive... then, at least, a bus stop should be put at the entrance to the housing project.. Thank you for considering my views. Sincerely. Andy Wiessner tel:970- 476 -6136 fi1e:/ /C:1AA'indowffEMP1GW} 00001.HTM 8/12/02 Page 1 of 1 Pam Brandmeyer - Fw: Mountain Bell Site 0 From: "DIANA DGNOVAN" <dianamdonovan(d msn.com> To: "Pam Brandmeyer" <pbrandmeyer(a,ci.vail.co.us> Date: 8/12/42 10:54 AM Subject: l~w: Mountain Bell Site - - - -- Original Message --- From: SANewsam @cs.com To: towncounc+l @ci.vail.co.us Sent: Thursday, August 08, 2002 4:20 PM Subject: Mountain Bell Site Dear: Mayor and Town Council Planning and Environmental Commission Design review Board As a property owner, I believe that the size of the proposal for the Mountain Bell Site is incompatible with the beauty and world -class scenic image of Vail's main entrance. Please, significantly reduce the size of the housing project or move it to a more appropriate venue. While we all recognize the importance of affordable employee housing, I urge you to preserve and protect Vail's image as visitors first enter our beautiful Village. As at all other resorts, employee housing should not be the first visual visitors will encounter. Truly affordable employee housing should not be attempted where it is neither appropriate nor affordable. Sara A. Newsarn 0 file : / /C:iWindows\TEMP\GW) 04401.HTM 8/12/02 40 • Page i of 1 Pam Brandmeyer - Fw: Mountain Bell Project From: "DIANA DONOVAN" <dianamdonovan @msn.com> To: "Pam Brandmeyer" <pbrandmeyer(aci.vail.co.us> Date: 8112102 10:31 AM Subject: Fw: Mountain Bell Project - - - -- Original Message - - - -- From: EMWK1851 @aol-com> To: <towncouncil @ci.vail.co.us> Sent: Thursday, August 08, 2002 9:24 AM Subject: Mountain Bell Project > Dear Mayor and Town Council, I am President of the Alphorn Condominium Association at 121 West Meadow Drive. I speak for all of our owners when I express concern about the proposed Mountain Bell Project. The massive size of the employee housing building is totally inappropriate for the entrance to Vail. Attractiveness to our visitors is a high priority, as well as space to house our employees. We highly oppose the present plan and feel that it must be re- visited in another form. Thankyou for your consideration, Margie Kell > file:HC:1Windows\TEMP\GW I OOOOI .HTM 8112142 Page 1 pf 1 Pam Brandmeyer - Fw: Mountain Bell Site From: "DIANA DONOVAN" <dianamdonovan�msn.com> To: "Pain Brandmeyer" <pbrandmeyerCci.vai1.eo.us> Date: $112/02 10:30 AM Subject: Fw: Mountain Bell Site - - - -- Original Message --- -- From: Gretchen Busse To: Vail Town Council Sent: Wednesday, August 07, 2002 7 :39 PM Subject: Mountain Bell Site Mr. Mayor and Town Council, We as property owners, believe that the size of the proposal for the Mountain Bell Site is incompatible with the beauty and scenic image of Vail's main entrance. We urge the Town of Vail to move it to a more appropriate location. We urge the Town to preserve and protect Vail's image as visitors first enter our beautiful Village. As at all major resorts, employee housing should not be the first visual visitors encounter. Truly affordable employee housing should not be attempted where it is neither appreciate nor affordable. Len and Gretchen Busse f 1 e : / /C :1WindowslTEMP1GW ) 00002.HTM 8/12102 • • ,Pam Brand meyer - Itr twn of vail vs mountain bel.dat 0 ❑❑D❑FFD ❑D❑�_❑F ❑8 5DP2ul J 3309 Canadian Park Way Fort Collins, CO 80524 and Skaal Hus I, Unit #4 141 W. Meadow Drive Vail, CO 81657 and Katherine W. Dudzinski August 7, 2002 Town of Vail Town Council 75 South Frontage Road, West Vail, CO 81657 e -mail <towncouncjl@ci.vail.co_us> Fax: 970- 479 -2157 Dear: Mayor and Town Council Planning and Environmental Commission Design 'Review Board We, as property owners, believe that the size of the proposal for the Mountain Bell Site is incompatible with the beauty and world -class scenic image of VaiiOs main entrance. We urge the Town of Vail to signifcanly reduce the size of the housing project or to move it to a more appropriate venue. While we all recognize the importance of affordable employee housing, we urge the Town to preserve and protect VailOs image as visitors first enter our b❑Leautiful Village. As at all other resorts, employee housing should not be the first visual visitors will encounter. Truly affordable employee housing should not be attempted where it is neither appropriate nor affordable. We are well aware of the exciting plans that are being created for all of Vail, including the Vail Front Door and Lionshead, etc. and are anticipating playing our part in helping it happen. We would be much less interested in participating if this ill conceived project at the Mountain Bell Site goes through in its current form. It is not congruent to create a well conceived upgrade to our Village, and to try to use outdated, less than attractive, plans for the actual entrance from the interstate. We hope you will reconsider at this important stage in planning, as the future outcome will be of great importance to Vail as a whole. Sincerely, Paul J. Dudzinski, M.D. Katherine W. Dudzinski Z❑9YN❑ ❑DOE ❑❑DSET,❑yy.H❑❑❑❑ YYY❑ YYY'❑ F❑ o❑ O❑" ❑❑= p❑ " /. ❑❑ ❑❑ ❑0❑❑ ❑❑❑YW11 9*E0 ❑ +p ❑'l.DSET °❑yy.H❑❑ €❑Lst❑ YYY❑ YYY❑ F❑"❑❑❑❑"/.❑❑❑- ❑0❑❑ ❑❑❑yy ❑❑❑ "❑❑ DOE ❑❑ ❑❑❑yy6❑yy' ❑❑ ❑- pLi%DSUM'❑ ❑Paul DudzinskiHDNI❑ STYL❑ oe❑ 0 ❑yy ❑D❑STYL ❑F ❑9 ❑❑ ❑F❑ " ❑F❑AD FETE] F Page 10''1 Page 1 A l Pang Brandmeyer - Fw: FrOnl: "DIANA DONOVAN" <dianamdonovan(o msn,com> To: "Pam Brandmeyer" <pbrandmeyer(a,7ci.vail.00.us> Date: S/12/02 10:26 AM Subject: Fw: - - - -- Original Message - - - -- From: <Bill_Morton@jackmorton.com> To: <towncouncil @ci.vail.co.us> Sent: Wednesday, August 07, 2002 3:29 PM Dear Mayor and Town Council Planning and Environmental Commission Design Review Board: I have reviewed the plans, size and scope of the building for the proposed Mountain Bell Site. I just wanted to drop you this note to tell you that l believe that it does not fit with the look and the image of the main entrance to Vail. I had spoken with several of you, and again via this note encourage you to significantly reduce the size or move it to a more appropriate location. All of us recognize the importance of affordable employee housing, but from all that I can assess, I don't believe it's truly affordable nor appropriate. Sincerely, William Morton file: / /C:1Windows\TEMPIGW )00002.HTM 8/12/02 • • • Page 1 of 1 Pam Brandmeyer - Fw: Mountain Bell Site opposition From: "DIANA DONOVAN" <dianamdonovanLq)msn.com> To: "Pam Brandmeyer" <pbrandmeyer(a )ci.vail.co.us> Date: 8112102 10 :21 AM Subject: Fw: Mountain Bell Site opposition - - - -- Original Message - - -- From: <Mikhaley a)aol.com> To: <towncouncilgci.vail.co.us> Sent: Wednesday, August 07, 2002 10:33 AM Subject: Mountain Bell Site opposition > Dear Mayor & Town Council, Planning and Environmental Commission Design > Review Board: > We as property owners, believe that the size of the proposed affordable > housing project at the Mountain Bell site is incompatible with beauty and > world -class scenic image of Vail's main entrance. > We urge the Town of Vail to significantly reduce the size of the housing > project or move it to a more appropriate venue. 'While we all recognize the > importance of affordable employee housing, we urge the town to preserve and > protect Vail °s image as visitors first enter our beautiful village. As at all > other resorts, employee housing should not be the first visual visitors will > encounter. Truly affordable employee housing should not be attempted where it > is neither appropriate nor affordable. > Sincerely, > Mike Haley > 1860 Meadow Dr., #3 > Vail, CO file: / /C:IWindows\TEMP\GW } OOOOl .HTM 8/12/02 Page 1 sf I Pam Brandmeyer - Fw: Mountain Bell Site Project From "DIANA DONOVAN" <dianamdonovan(a/msn.com> To: "Pam Brandmeyer" <pbrandmeyer&i.vail.co.us> Date: $112102 10:14 AM Subject: Fw: Mountain Bell Site Project - - - -- Original Message - - - -- From: "tinny Culp" <gculp @vail.net> To: <towncouncil @ci.vail.co.us> Sent: Monday, August 05, 2002 9:46 PM Subject: Mountain Bell Site Project > Dear Town Councilperson, • I'm worried that we are awfully close to starting something that isn't • going to deliver what anybody wants. I'm worried about who is in the • driver's seat on this Middle Creek (Mountain Bell site) housing project. > My concerns include: > 1. Vail resident's assets and tax dollars are going to build rental > housing for employees of businesses in the Town of Vail. I don't > believe this is an appropriate use of taxpayer dollars. I think it is > fine if the TOV builds housing for THEIR employees, but I believe > building /providing housing for private business's employees ought to be > done by private sector money. > 2. There are those who think this is costing the TOV nothing. Wrong. > The value of the land at the entrance to Vail is worth.how much would > you think? Leasing it on a very long -term basis at no cost is not > helping the taxpayer get any return on a huge asset. Additionally the > council has spent tens of thousands of dollars in the planning phases. > 3. The entrance to Vail will be changed forever. It is like putting > TimberRidge as our first greeting to guests. (Yes, once a town council > thought TimberRidge looked good!) > 4. 1 understand that the rents will shake out at a minimum of $650 a > bed. Is that affordable? Given the site, costs could easily escalate > resulting in even higher rental rates. > Additionally I have concerns, given the current economy, that this > project may actually be underfunded. Today's dollars are not what they > were a month ago. I'm uneasy that there will be lots of corner cutting > in the construction. Once it is started, if the project isn't completed > by the developer, who pays to have it completed? Bonding doesn't cover > the full cost of the project, does it? > > There will be much redevelopment in Vail Village and Lionshead in the > next five years. This will provide a perfect opportunity to include > employee housing in the new designs and to have the right people paying > for it-the employers. And they will have more interest in making the > units look good and fit into their location. > • I urge you to think more carefully about this important decision. I • believe there are better ways to serve the employee and the residents of • Vail. > Ginny Culp file: / /C:1Windows\TEMPIGW) 0040I.HTM 8112102 • 0 Paul J. and Katherine W. Dudzinski 3309 Canadian Park Way Fort Collins, CO 80524 and Skaal Hus I, Unit #4 141 W. Meadow Drive Vail, CO 81657 August 7, 2002 Town of Vail Town Council 75 South Frontage Road, West Vail, CO 81657 e -mail ctowncouncil @cl.vail.co.us> Fax: 970 - 479 -2157 Dear: Mayor and Town Council Planning and Environmental Commission Design Review Board We, as property owners, believe that the size of the proposal for the Mountain Bell Site is incompatible with the beauty and world -class scenic image of Vail's main entrance. We urge the Town of Vail to significanly reduce the size of the housing project or to move it to a more appropriate venue. While we all recognize the importance of affordable employee housing, we urge the Town to preserve and protect Vail's image as visitors first enter our beautiful Village. As at all other resorts, employee housing should not be the first visual visitors will encounter. Truly affordable employee housing should not be attempted where it is neither appropriate nor affordable. We are well aware of the exciting plans that are being created for all of Vail, including the Vail Front Door and Lionshead, etc. and are anticipating piaying our part in helping it happen. We would be much less interested in participating if this ill conceived project at the Mountain Bell Site goes through in its current form. It is not congruent to create a well conceived upgrade to our Village, and to try to use outdated, less than attractive, plans for the actual entrance from the interstate. We hope you will reconsider at this important stage in planning, as the future outcome will be of great importance to Vail as a whole. Sin ereIy, Z&F a X, 19 IV— Paul J. Du ins Katherine W. D ki, M. D. udzinski HARLEY G. HIGBIE, )R. 1600 Broadway, Suite 1400 Deaver, CO 80202. August 12, 2002 The Town of Vail Vail, CO 81657 303-861-4230 Fax 303 -830 -1 465 We are very much aware of the need for employee housing. During Vail's very first winter we were forced to bed down employees in the laundry room of The Lodge, causing Jack Tweedy and me to try to initiate an employee housing project. We failed. As much as we flavor the concept, the proposed project at the Bell site is too big and too prominent, It would be unfortunate for the entrance to Vail to be defined by a housing project, Our image is too important. A smaller building that is well- hidden, or another location, would be our preference. Sincerely, �y Lorraine and Harle Hi a • 0 T 'Cl e5T ; T T 20 ZT 2nu 07/2912002 19 :56 3704762933 0 Thursday, August 08, 2002 • `11 1!1 Dear: Mayor and Town Council P anning and Environmental Commission Design. Review Board We, as Vail property owners, have studied the plans for the Mountain Bell Site and are quite disturbed. Too denude this site of its beautiful trees to build such a large (an not very attractive) structure seems out of synch with our desire to have Vail a more beautiful place in which to live and to visit. We suggest the Town of Vail significantly reduce the size of the housing project or move it to a more appropriate venue. Affordable employee housing is important. But locating it at our main entrance, in its current configuration, seems to defeat the purpose of a more attractive Vail. Signed: Elna and Bruce Kasson f � ma,x.JaP,. KC4 PAGE 01 ( P rams -horn 416 VAIL VALLEY DRIVE PHONE (970) 476 -5646 VAIL, COLORADO 81657 August 7, 2002 Town of Vail Town Council 75 South Frontage Road, West Vail, CO 81657 Dear Mayor and Town Council • FAX (970) 476 -0301 For several months we have been following the discussions regarding the Mountain Bell Site. The size of the project proposed for this site is not compatible with the world class image of Vail. This project is the entry to Vail and the first impression for guests and residents alike. 0 We urge the Town of Vail to either significantly reduce the size of the housing project or move it to a more appropriate location. Although we understand that affordable employee housing is critical for the Town, we also believe first impressions is a critical issue to Vail as well. We have only one major entry to Vail and this is not the appropriate location for affordable housing. We urge you to evaluate this issue carefully as the effects of this decision are very long term. Sincerely No D. Kurtz, Presi nt Rams Horn Condonuni Association • • Page 1 of 2 Nina Timm - Fw: Opposition to Middle Creek Affordable Housing Project i From: "DIANA DONOVAN" <dianamdonovan @msn.com> To: "Pam Brandmeyer" <pbrandmeyer @ci.vail.co.us> Date: 08/26/2002 4:12 PM Subject: Fw: Opposition to Middle Creek Affordable Housing Project - - - -- Original Message From: "Bill Rodkey" <cartilagedoc @hotmail.com> To: <towncouncil @ci.vail.co.us> Cc: <editor @vaiidaily.com> Sent: Friday, August 23, 2002 12:06 PM Subject: Opposition to Middle Creek Affordable Housing Project > Dear Vail Town Council: > 1 wish to express my strong objection to the "Middle Creek" > affordable housing project on the Mountain Bell site. I am quite concerned • that such an edifice will forever defile our beautiful mountain and • desecrate our quaint village environment. Please understand that I am not • opposed to affordable housing, but rather I am opposed to this project at • its current location. > • Based on the information I have seen as well as what I have read in the • Vail Daily, I am unable to comprehend how this development possibly could be > deemed as "affordable" housing. Will any of our local employees truly be > able to afford the rents in such a place? I honestly doubt it- > Furthermore, if my information is correct, these apartments will be quite > small, making the cost per square foot comparable to many mid -level (or > higher) units in and around Vail. Who does the Town Council actually think > will live in theses units? Please be honest with yourselves as well as the • citizens of this valley, especially those of us who are full -time, • year -round residents and home owners. • In the past thirteen years I have observed many property owners, both • residential and commercial, "jump through hoops" and spend untold amounts Of • money to comply with the many restrictions placed upon them. This fact is • true even in those cases when the property owners simply wanted to upgrade • their properties for the sake of appearance and in support of what is best • for all of us who live and work here. Now, it seems that this Middle Creek > project is being given green lights at every intersection with little or no > opposition from the TDV in spite of strong apposition from the citizens. To > whom do you owe your allegiance? file : / /C:lwindows\TEMP1GW j 00001.HTM 09/03/2002 .� Page 2 df 2 • Please consider the alternatives to this ,project and to this site. I am • certain that there are sites that would be less technically challenging and > more amenable for building than the Mountain Bell property. You know better > than I what other possibilities exist, so why not look at those other sites > and suggestions with open minds? That would benefit all of us. 3 > Please, for the sake of all Vail Valley residents, do not allow this > project to proceed at this location. > > Very sincerely, > > Bill Rodkey > > > > > > .loin the world's largest e-mail service with MSN Hotmail. > http: / /www.hotmail.com file: //C:lwindowslTEMP\GW } OOOO 1.HTM 09/03/2002 • • Page 1 of 1 Nina Timm - Fw: Re send of previous letter re Mountain Sell Affodable Housing plan From: "DIANA DONOVAN" <dianamdonovan @ msn.com> To: "Pam Brandmeyer" <pbrandmeyer @ci.vail.co.us> Date: 48/26/2402 3:44 PM Subject: Fw: Re send of previous letter re Mountain Bell Affodable Housing plan ••••. Original Message From: <OWHY@aol.com> To: <towncouncil @ci.vail.co.us> Sent: Sunday, August 25, 2002 11 :13 AM Subject: Re send of previous letter re Mountain Bell Affodable Housing plan > I have resent this message because the first time my name and address were > not on it. > To Town of Vail Council: > Please rethink your plans for this site. As I have read for the past couple > of years the town is very serious about upgrading the Village and Lionshead > with remodeling and cleaning up existing structures and roads in the area. > when I was in Vail last winter there was specific mention made of Vails > "front door" entry just off 1 -70. All those who commented on it wanted that > area to reflect the "new and improved" look of Vail. Now just to the side of > that 'front door" you propose to develop a site which will be more in > keeping with the worst of Lionshead as it was developed. I think that it is > commendable that you want to put in affordable housing at this site, but it > should be in keeping with the plans that you have for the village from the > beginning of its life. You do not want to have to go back and try and > redevelop the site into something more in keeping with your plans for an > improved Vail look. Keep the scale and the look in keeping with what you > have planned for the village. > > Sincerely, > > Diane L. Otto > 124 Willow Bridge Road > Unit 5CD > Village Center > Diane L. Otto file: / /C:1windowslTEMP\GW } 00001.1 iTM 09/03/2002 Page 1 "of 1 Nina Timm - Fv: Mountain Bell From: 'DIANA DONOVAN" <dianamdonovan @msn.com> To: "Pam Brandmeyer" <pbrandmeycr @ci.vail.co.us> Date: 08/26/2002 4:03 PM Subject: Fw: Mountain Bell - - - -- Original Message - - - -- From: Eustaoulo Cortina To: towncouncilCa)ci.vail.co.us Cc: gl4mb@slifer.net Sent: Friday, August 23, 2002 4:35 PM Subject: Mountain Bell I attended the past meeting and heard many opinions To me we are missing the boat Bob Lazier presented a project - and there was enormous discussion of 4 or 6 foot height - the building looks great and is the same stories as of today but with all mechanical new items needs the extra foot per floor to acomadate mechanical Mountain Bell project will affect all people comming to Vail, skiers on the mountain, highway traffic, at least I will see it a couple of times a day - these buildings will benefit 150 + families IDEA - sell property and develop 12 lots or so - what ever is convinient - sell lots, purchase land in a not so visible location and do the needed employe housing. Where is the next big question, I have no idea, but there will be a good place to put such a BIG and visible building Thanks Eustaquio Cortina 20 year resident in Vail 970 471 0626 www.eustaouiocortina.com MSN Fotos: la forma ands facil de cornpartir a imprimir f6tos. Haga clic arc tai file: / /C:lwindowslTEMP\GW } 00001.HTM 09/03/2002 • Page 1 of 1 Nina Timm - Fw: Middle Creek Houseing Plan From: "DIANA DONOVAN" <dianamdonovanr @msn.com> To: "Pam Brandmeyer" <pbrandmeyer @ci.vail.co.us> Date: 08/29/2002 3:03 PM Subject: Fw: Middle Creek Houseing Plan - - - -• Original Message From: "Catherine E Douglas" <cmdoug @iopener.net> To: <Towncouncl @ci.vail.co.us >; <Schofieldjbs @cs.com >; <jump- arch @Mountai nmax.net> Seat: Wednesday, August 28, 2002 12:34 PM Subject: Middle Creek Houseing Plan > When we fist heard of the employee housing idea on the Middle Creek location,we were in favor of the thought.However,one should never asume anythig.We did.We visualized atractive buildings,like the employee houeing on Sandstone Road opposite the Potatoe Potatoe.That architecture would be more tasteful,more in keeping with Vail's alpine atmosphere less cospicuous,more tasteful,and not as objectionable.Why Italian ?This is Vail.The architects had no feeling of the community.The present plan resembles a prison;cold and stark. We think the Worth property shuuld still be considered.Does the town need 140 units ? ? ?We doubt it.West Vail would be more lagical with all the amenities within walking distance. We are long time property owners['63],and fultime residents who take pride in our town.Please!!!! do not do something foolish that can not be rectified. Respectfully, Cathie > and Morgan Douglas > [Pardon the typing errors] > file:HC:\windows\TEMPIGW j 00OO1.HTM 09/03/2002 Page 1 of 2 Nina Timm - Fw: Mt. Bell From: "DIANA DONOVAN" <dianamdonovan @msn.com> To: "Pam Brandmeyer'" <pbrandmeyer @ci.vail.co.us> Date; 08/26/2002 2:15 PM Subject: Fw: Mt. Bell Original Message - From: "Judy Berkowitz" <Judy@HPBAssoc.corn> To: <towncouncil@ci.vail.co.us> Sent: Monday, August 26, 2002 7 :12 PM Subject: Mt. Bell • To: The Mayor • The Planning Commission • The Town Council > As longtime Vail homeowners, we would like to express our hope that you will • reconsider the masss and scope of the proposed Mt. Bell site. The idea of • placing a high density, low esthetic development at the entrance to our • Village is ill conceived and should prompt a thorough investigation of the • both the real needs of the town employers /employees and how best to satisfy > these needs. As we heard at the recent PEC meeting, an after September 11 > re- evaluation needs to be undertaken so that we are not just responding to > perceived but perhaps unrealistic assessments and move in the the direction > that is most appropriate given the changing economic climate of Vail. > As you climb up Vail mountain and look down toward the Village as I recently • did this summer, it is clear that the landscape would be horribly affected • by this project which will loom as the large and out of scale development it > is. The same vista will assault our downhill skiiers as they end their day. > Right now we have a chance, and an obligation, to preserve the character of > Vail and not allow such massive developments that could radically alter the > perception and reality of our world class resort. > • We urge the Council and the Commission to look into reducing the scale of • this project and to preserve as much of the open space as possible. > Sincerely, > Judy and Howard Berkowitz file://C:\windows\TEMP1GW }OOOOi .HTM 09/03/2002 Page 1 of 1 Nina Timm - Fw: Middle Creek Housing - YES 0 From: "DIANA DONOVAN" <dianamdonovan @msn.com> To: "Pam Brandmeyer" <pbrandtmeyer @ci.vail.co.us> Date: 08/26/2002 3:19 PM Subject: Fw: Middle Creek Housing - YES • -- -- Original Message - - - -- From: BJKSKI @aol_com To: towncouncil @ci.vail.com Cc: jacaro@vail. net Sent: Sunday, August 25, 2002 9:23 PM Subject: Middle Creek Housing - YES I'm a voting resident of Vail and writing you in support of the proposed Middle Creek rental development for local employees on the site commonly known as the "Mountain Bell" land. Many years ago 1 lived in a trailer court which was located in within the current Town Of Vail boundaries and later lived in one and two bedroom condominiums (located in Vail Village) with up to 3 roommates to make it affordable. These living arrangements certainly helped make me and my roommate more productive and happy employees enjoying a very short commute to work (I parked my care for the ski season) and knowing I was part of a great and caring community. The need for employee housing grows every year, and while the Town Of Vail has made strides in providing for - sale options, an affordable rental development is much needed. Residents living within town boundaries are essential to the year round viability of the community as well as the economy. This location in particular has the advantages of being on the Town's bus and bike routes, as well as being within walking distance of Vail Village and Lionshead. My wife and I live in the Sandstone area of Vail and will be able to see this housing development which certainly will not trouble us. I have reviewed the density, rental rates, and elevations of the proposed development plan, and feel that this housing development is very appropriate at this site. For over 23 years I was a principal officer (CFO) of a Denver based investment banking firm (which I helped start) involved in financing affordable housing throughout the United States. If you have any questions please do not hesitate to contact me at 479 -0751 or by e-mail at kent_erickson @newmanfs.com. Sincerely, R. Kent Erickson 1139 Sandstone Dr. Vail, CO 81657 file:/ /C:\windows\TEMP1GW;; 0000LTITM 09/03/2002 Page l 'of 1 Nina Timm - Fw: Middle Creek Housing Proposal From: "DIANA DONOVAN" <dianamdonovan @msn.com> To: "Pam Brandmeyer" <pbrandmeyer @ci.vail.co.us> Date: 08/26/2002 2:53 PM Subject: Fw: Middle Creek Housing Proposal - - -.- Criginal Message - - - -- From: "Nancy Byers" <nancyb @mountainmax.net> To: <towncouncil @ci.vail.co.us> Sent: Monday, August 26, 2002 8:38 AM Subject: Middle Creek Housing Proposal > Dear Council Members: • I wrote before that I was against employee housing on the Mountain Bell • site. What concerns me more is not housing on that particular site as much • as the size, density and cost of the project. Will it really be • "affordable" when it's completed? Or is this another Donavan Park debacle • that the TOV will then need further compensation by raising our taxes? > i find the size and density of this plan almost as offensive at our town's > entrance as the proposed and approved VVI project, which I think is totally > inappropriate. Massive, tall buildings are not in character to the TOV let > alone at the entrance. Neither project invites me to leave 1.70 to enjoy a > special experience. > Thank you, • Nancy Byers • 352A Beaver Dam Cir. • Vail, CO. 81657 > > file: / /C:lwindowslTEMP1GW j 00OO1.HTM 09/03/2002. Is 9 • ELAINE KELTON 1034 HOMESTAKE CIRCLE VAIL, COLORADO 811657 970 -476 -5411 DEAR MAYOR KURZ PLANNING & ENVIRONMENTAL COMMISSION DESIGN REVIEW BOARD YES,, WE NEED INTEGRATED LONG TERM AD- SEASONAL HOUSING. YES, WE NEED EMPLOYER OWNED HOUSING.. YES, WE NEED A.LOT OF IT. BUT WE DO NOT NEED ALL OF IT. IN ONE LOCATION, ESPECIALLY ONE'WHICH IS SO VERY VISIBLE AT THE "FRONT DOOR TO VAIL ®. THE ALTERNATIVES ARE AVAILABLE TO SPREAD THE UNITS NEEDED: THE "HUD WIRTH PARCEL° AND THE TIMBER RIDGE SITES COULD PERHAPS ABSORB THE NEEDED UNITS. EACH OF THE ALTERNATE LOCATIONS WOULD ALSO HAVE ,AVAILABLE PUBLIC TRANSPORTATION: WE NEED TO CONSIDER AS THE IROQUOIS NATIONTHE IMPACT ON.TH E SEVENTH GENERATION" BUILDING THE LARGEST SINGLE PROJECT AT THE ENTRANCE OF THE TOWN - THE 1_ST T. H.ING SEEN AS YOU EXIT 1 -70 AND THE,VIEW FROM THE MOUNTAIN AS YOU SKI DOWN AT THE END OF EVERY DAY DOESN'T FEEL SYMPATHETIC TO ALL WE ESPOUSE AS A WORLD-CLASS RESORT. LASTLY, PLEASE DO NOT FORGET THAT THIS LAND WAS ORIGINALLY DESIGNATED OPEN SPACE AND THE REMOVEABLE OF THIS TRACT WAS DONE TO CREATE A SMALL POCKET OF 40 EMPLOYER HOUSING UNITS; SINCERELY, A t ELAINE KELTON ARTHUR KELTON JR 225 WALL STREET VAIL, COLORADO 81657 970 - 476 -7990 TO MAYOR LUDY KURZ THE P.E.C. THE DESIGN REVIEW BOARD PLEASE COUNT ME AMONG THOSE OPPOSED TO THE OVER DEVELOPEMENT OF THE "MOUNTAIN BELL" SITE NOW DESIGNATED MIDDLE CREEK. THIS SITE WAS ONLY REZONED TO ALLOW FOR 40 EMPLOYER OWNED UNITS, NOT THE ENLARGED DESIGN ON THE TABLE TODAY. THIS IS THE ENTRANCE TO THE TOWN OF VAIL, THE FIRST IMPRESION THAT THE VISITOR IMPRINTS, NPLEAESE RECONSIDER THE DENSITY AT THIS LOCATION AND SPREAD IT TO OTHER AVAILABLE SITES SO AS TO MAINTAIN THE INTEGRITY OF THE RESORT EXPERIENCE. ART 8/12 • FIARID -? • CJ4 U 476 -3 &30 • -�, /t _, Cr-k-A��� W-A I r V" r r �- aj r NG fi s r- ;A P6 r s ► r��3����. 1� (5 - o � rr , 1 J j Coe --# A c r✓ r 7; 4t-S ftW e*4 i�4,4 PO boat 4923 Vail, CO 81658 wwwxaOevalkyal iA^c -rg Ph: (970)479 -2440 F. (970)479 -2452 August 20, 2002 Town of Vail 75 S. Frontage Road Vail, CO 81657 Vail Town Council: I'm writing this letter in support of the proposed Middle Creek employee housing development for the following reasons: meeting the need for housing for locals near the pedestrian village, meeting that need in a clustered, low- impact environmentally responsible manner, and offering an automobile -free lifestyle for those able to live and work in Vail. An estimated 500 vehicles a day consume parking spaces daily in Vail for commuting workers alone, using up valuable finite parking that otherwise should be available to guests. According to the Sonoran Institute report on Population Employment, and Personal Income Trends for Eaale Counly, gross income outflows outpaced inflows by around $57 million in 1999 alone, an indication of employees living outside Eagle County and commuting in daily to work. This disparity has steadily increased over the past 12 years. Not only are dollars being taken out of the local economy, but employees are being sentenced to long daily commutes just to have a place to call home. The environmental impact of commuting alone can be assessed in the following manner: The average daily commute in Eagle County is 18 miles. Ninety -one percent of commuters travel via sing] e- occupancy vehicles. Given an average gas mileage of 20 mpg, providing local housing versus commuting workers in for 256 employees each year would save roughly 93,075 man hours, 83,768 gallons of gasoline, eliminate 838 tons of CO2 emissions, or the equivalent of planting 349 acres of trees. Of course this doesit't include cost of roads, vehicles themselves, impacts to wildlife, sedimentation from road sanding, insurance, vehicular accidents, etc. In addition, plans for the development are to meet or exceed LEED or 13uiltGreen Colorado environmental design standards, acting as a model for energy and water efficiency, sustainable site design, indoor air quality, and renewable material use. In 2000 when SKI magazine rated Vail as the #4 resort in the country, two weak points of the survey responses reflected Vail as being (a) too "old ", and (b) too expensive. Adding an element youth and affordability near the village would add vibrancy and a piece to the community that otherwise seems to be lacking. The proposed Middle Creek development is beneficial with regards to the three criteria of sustainability: good for the local economy, good for the environment, and benefits community in the form of improved quality of life and retention of local employees. As a representative for the Eagle Valley Alliance for Sustainability, we endorse the proposed development. Sinceroy, Z46, Adam Palmer Executive Director, EVAS 0 August 20, 2002 Vail Town Council 75 South Frontage .Road Vail, CO 81657 Dear Council Members, I am concerned that the proposed Middle Creek rental development is in donaer of being scrapped. If we continue to concern ourselves so lely with the aesthetic needs of the u Itra rich, we wi II soon f i nd the hole in our infrastructure beyond repair. A town needs to have people to run it. If we can't provide affordable living conditions within that town, who will be there to answer the 911 calls, or care for the sick, or teach our children? It is time we put some serious effort into making living here affordable for the people who keep this town going, and not just in keeping those with deep pockets from living too near anyone who might offend their sensibilities. Sincerely', wren Zadkovic • Vail Town Council 75 South Frontage Road Vail, CO 81657 towncouncil@ci.vail.co, us (970) 479 -1860 phone (970) 479 -2452 fax I am writing in support of the proposed Middle Creek rental development for local employees on the site commonly known as "Mountain Bell." The need for employee housing grows every year, and while the Town of Vail has made strides in providing for -sale options, an affordable rental development is much needed. Residents living within town boundaries are essential to the year round viability of the community, as well as the economy. This location in particular has the advantages of being on the Town's bus route and bike path, as well as being within walking distance of Vail Village and Lionshead. 1 have reviewed the density, rental rates, and elevations of the proposed development plan, and feel that the project is very appropriate at this site. Please feel free to contact me should you have any questions. �.���✓1 X76- 7.�7� • • Vail Town Council 75 South Frontage Road Vail, CO 81857 towncouncil @ci.vail.co.us (970) 479 -1880 phone (970) 479 -2452 fax I am writing in support of the proposed Middle Creek rental development for local employees on the site commonly known as "Mountain Bell." The need for employee housing grows every year, and while the Town of Vail has made strides in providing for -sale options, an affordable rental development is much needed. Residents living within town boundaries are essential to the year round viability of the community, as well as the economy. This location in particular has the advantages of being on the Town's bus route and bike path, as well as being within walking distance of Vail Village and Lionshead. I have reviewed the density, rental rates, and elevations of the proposed development plan, and feet that the project is very appropriate at this site. Please feel free to contact me should you have any questions. OW-1 2cf2- Lu o • Vail Town Council 75 South Frontage Road Vail, CO 81657 towncouncil@ci.vaii.co.us (970) 479 -1860 phone (970) 479 -2452 fax I am writing in support of the proposed Middle Creek rental development for local employees on the site commonly known as "Mountain Bell." The need for employee housing grows every year, and while the Town of Vail has made strides in providing for -sale options, an affordable rental development is much needed. Residents living within town boundaries are essential to the year round viability of the community, as well as the economy. This location in particular has the advantages of 'being on the Town's bus route and bike path, as well as being within walking distance of Vail Village and Lionshead. I have reviewed the density, rental rates, and elevations of the proposed development plan, and feel that the project is very appropriate at this site. Please feel free to contact me should you have any questions. . • e �bQ0�s �PS� � Q nay a q • 0 • Vail Town Council 75 South Frontage Road Vail, CO 81657 towncouncil rz ci.vail.co.us (970) 479 -1860 phone (970) 479 -2452 fax I am writing in support of the proposed Middle Creek rental development for local employees on the site commonly known as "Mountain Bell." The need for empEoyee housing grows every year, and while the Town of Vail has made strides in providing fcr -sale options, an affordable rental development is much needed. Residents living within town boundaries are essential to the year round viability of the community, as well as the economy. This location in particular has the advantages of being on the Town's bus route and bike path, as well as being within walking distance of Vail Village and Lionshead. I have reviewed the density, rental rates, and elevations of the proposed development plan, and feel that the project is very appropriate at this site. Please feel free to contact me should you have any questions. Vail Town Council 75 South Frontage Road Vail, CO 81657 towncouncil @ci.vail,co.us (970) 479 -1860 phone (970) 479 -2452 fax I am writing in support of the proposed Middle Creek rental development for local employees on the site commonly known as "Mountain Bell." The need for employee housing grows every year, and while the Town of Vail has made strides in providing for -sale options, an affordable rental development is much needed. Residents living within town boundaries are essential to the year round viability of the community, as well as the economy. This location in particular has the advantages of. being on the Town's bus route and bike path, as well as being within walking distance of Vail Village and Lionshead. I have reviewed the density, rental rates, and elevations of the proposed development plan, and feel that the project is very appropriate at this site. Please feel free to contact me should you have any questions. • L� • (970) 479 -2452 fax ` I am writing in support of the proposed Muddle Creek rental development for local o employees on the site comnnonly known as "Mountain Hell." The need for employee homing grows every year, and while the Town of Val has made strides in providing for -sale options, an;affordable rental development is much needled. Residents living within town boundat-ies are s e e s ntial to the year round viability of the comnrunitp, as well as the economy. This location in parkicular has the advantages of being on the Town's bus route and bike path, as well as being wjtWh waUdng distance of Vail Village and Lionshead. I have reviewed the project and support it ,Knowing that all of Uke components of the project may not lneet all of the demands az1d preferences of all members of the community, it is important that the NUddle Creek Housing Development proceeds and construction begin as soon as possible. CC4/t"O-�y kl, -") 97D - t-Y -77 - 2- q C, PS - Alv � 0PPq\J �� ice " --f F-=7 CAS e L A4t t-i -T-0 W F- C.,--, H M92 f~ U 09/12/02 THU_08:23 FAX Q1001 e _ .., Dut 9/912002 rune 7!01.16 PM P.go 4 of4 Vail Town CouncO 75 South Fmntage road Vai4 Co 81657 towncGU ci_va1Lco.us 197(11 d74_ts ocA —I--- • • 0 �• r From VC LJA To: Marifa' Long Date V.9 2002 iime: 6:35:50 Rd 0 Vail Town n Council 75 South frontage Road "Vail, Co 81657 t ownrounciltn.?ci.vail. co.us (970) 479 -1860 phone (9170) 479 -2452 fax 1 am writing in support of the proposed :!fiddle Creek rental development for local employees on the site commonly 6xtovoi as "Mountain Bell." 'fhe need for employee housing grows ever! year, and while the Town of bail has made strides in providing for -sale options, an affordable rental development is much needed. Residents living within town boundaries are essenrial to the year round viability of the connnunity, as well as the economy. This location in patfiicular has the advantages of being on the Town's bus route scud bile path, as well as being -,lithin walling distance of Vail NrIllage and Lionshead. 1 have reviewed the project and support it. 1ti11owin2 that ad of the components of the project may not meet all of the demands and preferences of all members of the conununity, it is important that the Middle Creel: HousilYg Development proceeds and construction begin as soon as possible. rc, lP'C-74 41-112— C C. Page a oN SEP -11 -02 WED 04:52 PM BRANDESS- CADMUS REAL EST FAX NO. 9704//3138 %tact: YCUA To: MkA CL&= Dar. 41413002 Twr: 7:13;54 PM Vail Town Cou ncd 75 South Frontage Road Vail, Co 81657 tnwncaitncilna,,ei.yail.co.us (970) 479 -1$60 phone (9'10) 479 -2452 fax I atn writing in support of the proposed Middle Creek rental development for local employees on the mate commonly known as "Mountain AeIL" The need for eunployte housing grows every year, and whale the Town of Vail h" made strides in providing for -stile options, an affordable rental development is much needed. Residents living within town boundarlea an ea4,Lntial to the year round viability of the comniunity, as well as the economy. This location in p=iicular has the advantages of being on the Town's bus route and bike path, as well as bring %ithin wulkhig distance of Vail Village and Lflonohea& 1 have reviewed the project and support it. Knowing that off of the components of the project moy not sueei all of the demands and preferences of all members of the community, it is important that the Middle Creek Housing Development proceeds and Construction begin 3.4 soon as possible. A ye_e� Cis 1o'l C1 ' I {�kt7C r. u l FW 4 af4 r: n • SEP -11 -2002 12 :59 FROM SLOPE EKTERPRISES I U u ryevDe r. Ul.rii Vail Town Council 75 South Frontage Road Vail, Co, 81657 to.mcouncil ci.vail.co.us (970) 479 -1860 phone (970) 479 -2452 fax I am writing in support of the proposed Middle Creelk, rental development for local employees on the site eomsnaniy Icnmm as "Mountain 13c11:' The need for employee housing grows every y�� and while the as of Vail has made strides in pravid'ng gar -;gale options, an Fordable rental developmesst is much needed. Residents li4�usg vti�thiu fawn boundaries are essentiwl to the year round viability of the conity, as well as the ecoisomy. TIsis location in Pa' ' mmu as being within advantages of being on the Tl oven's bus ratite and bike patlx, �,�ng distarsce of �Taia Yi]l$ge and Lionslsead, I have reviewed the project and suppart it. Knowing that all of the components of the project lnay not meet all of the d se reek Horsing Develloopmenb proceeds ds community, it is important that he Ml and. construction begin as soon as possible. • TOTAL P.01 • • 9-11-2002 2.08PM FROM FINISHING TOUCH /VA I L 1 970 949 0601 lam. 1 Vaff Tovm Counell 75 South Frontage Road Vail, Co 81657 tov Coun��Ci.yal1.co.us (970) 479 -1860 phonc (970) 479 -2442 fax I am writing in support of the proposed Middtr Creek rental development for local employees on the she commonly know» as "Mountain Bell." The need for etnployee housing grows every year, and wbJk the Town of Vail has nuAe stridas in providing for -sale options, an affordable rental developmmi is much needed. Residents 11NIng within town boundaries are essential to the year rowed viability of Me cosniuwsity, as well as the eeanonsy. This lucatioti In p2 ticular has the advantages of being on the Town's bus route and bike path, as well as being within wal ng distance of Vail Village and Lionshcad. I have reviewed tiie project and support it. mowing tlmt ail of the compancuts of the project may not meet an of the demanda and preferences of all nuanbersc of the community, it is impQrtant that the Middle Creek Housing Development proceeds and construction heLdn as soon as possible. . t /C (a� SEP— I0 —EE[02 03:10 f 1 a 0 PM GALATYMLODGE VaN Tows Conned 75 South Frontage Rind Vail. Co $1657 r Nncd AI ra. (970) 479 -M60 phone (970) 479 -24.42 &Y d*i;: Y ,n:u7_ Yin a ::7' :+6 am 9704790102 I utn '-Ming In vuppoii of the proposed distils Creck rental developtnxikt far local emplo�'tcnx un the sitc coaumoaily knimr as "Mountain Dell." The need ror employce housing gt ows every year. and while Me Torn ccf Vag has made snider in pruvlding for -salt options, an afl+ordable rtntal develupment is much needt:d- Residuntr living - %Rhin town boundo6ef are es*ntlal to tht jear rour±.d vlobillty of the conunutdty, as well as the economy, This 1witton In p&rticLdar has the nJv'antagea of being on the Ttmu`s bta route aknd bike path, ai well as brcutg within widMog distattre of Vail Village and Llontihead. j I have mvJvued the project oral support I KnoMag that all of the romputtetl N Of the project may not tweet all ofthe dwileadi twin preferences of all meinbr n of the corntnu pity. It h important that Hit Ni llddle Check Rousing Nvelopmeat proceeds i and rot+xtnxtlon lwgin as soon as possible. 1 ' 11� s i P I P. 01 ?Ise 1 4 4 • 0 0 Allison Ochs - Fw: From: "DIANA DONOVAN" <dianamdonovan@msn.com> To: "Pare Brandmeyer" <pbrandmeyer@ci.vail.co.us> Elates 08/3012002 1:38 PM Subject: Fw: -- - -- Original Message -- From: "Robert Schilling" <robs[7a gorerange.org> To: <towncouncil@ci.vail.co.us> Sent: Thursday, August 22, 2002 10:26 AM > To the Town Council, > • I am in support of the proposed middle creek development. I moved to Vail • with my family in the early 1970s. I am a registered voter in Vail. I • would like to see both rental accomodations as well as low -cost ownership • opportunities there. > Good luck and if you have any questions you may call me at work. > > Respectfully, > • rob • Robert Schilling . > Marketing and Events Coordinator > Gore Range Natural Science School > (970) 827 -9725 ext. 18 > robs @gorerange.org > > "Where nature has a way of teaching..." > > • Page 1 of 1 file: /JC:1Windows\TEMP1GW I00003.HTM 09/1112002 U9/10/21M2 13=45 9704765274 LNDiWK CW CAB & KNGS !!rmfi:1'( aA Ti. Om —SLLdt i _ a1- .. ` %F IFt'; 6�r X32:73 M y. NF L M4''• a +1 T .. 71 X tov nc w- (9 4(97-0'0) 7 �K� J .'•' � ' , ;- ,;.:.'. PAGE 01 Page d af�4 "# •Y I �,Y ,lrppol dental development for locwl' E err-pl On ReM" The need for i imployer- boom ' ] e t �Fogltsb has made strides in providing fox --S a. } {' =�itsil �7nbri lit�li needed. ilk+,- S.Y ,�� �,. ,r�, i Y � ,,'. ., .. 1j„'. •; _ Reasi # Y ' ` bound kf, : ` to :ON.year round viabffity of ` P:: the= .COi opm•h'hp►, (}' iliac' liar the adwar< f G 1 ��1. T pa 9s well as being Within I i v �w j 1 S• ' I h=ve the =,pr CUr�lYli ltd .C< eats& of the components of f'ci of om of all members of the musing Developmat- praceeds :-r = �• •fir �•r�` � . ' N i�f lSiy.i • - y,°' ,y;, ''O 'yin.: • . ^4r. .•� •. 't ,k•0.. 1• • • 0 • 5tF -lU -UL IUL U1 ;41 Fn UHN15I1HNIH LWUh PflX NU. UIU4rbU4fU Y. U1 Vasil Town Council 75 South Frontage Road Vail, Co 81657 tow ncouncil a)ei.vail_co.us (970) 479 -1860 phone (970) 479-2452 fax I am writing in slipport of the proposed Middle Creek rental development for local employees on the site commonly known as "Mountain Bell-" "1'lie need for employee housing grows every year, and while the Town of Vail has made strides in providing for -sale options, an affordable rental development is much needed. Residenis living within town boundaries are essential to the year round viability of the community, as well as the economy. This location in particular has the advantages of being on the Town's bus route and bike path, as well as being within walking distance of Vail Village and Lionshead. I have reviewed the project and support it, Knowing that all of the components of the project may not meet all of the demands and preferences of all members of the community, it is important that the Middle Creek Housing Development proceeds and construction begin as soon as possible. 4- all u1e u�• e.uu,t i,�. uo � r u� � ®u,ego fiMr-KIU4N bKI L7SUH �p 01/01 Data W912002 T'—.- 6:04:210 PU fp4 X1'4 Vail Town Council 75 South Frontage Road Vail, Co $1657 town eouUciI( ci.vail.co.us (970) 479 -1860 phone (970) 479 -2452 fax I am writing in support of the proposed Muddle Creek rexital development for local employees on the site couvnoitIy known as "Moula<tain Bell." The need for employee housing grows every year, and VdWe the Town of Vail has made strides in provldiuLe fat -sale options, an affordable rental dcvclopxite33t is much needed. Residents living within town boundaries are essential to the year round viability of the comtmumty, as well as the economy. This locsttion in particular has the advantages of being on the Town's bus route and bike path, as well as being wvithin wmMing distance of Vail Village and Lionshead. I have reviewed the project and support it. K.owyne that all of the components of the project Way not meet all of the demands and preferences of all members of the community, it is important that the Middle Creek Housing Development proceeds and construction begin as soon as possible. Owl F��pC�l�l � JJ • • • • • 0 From VCBA To: Kit1'S1wrt 1 •d V;. ` '4n Council 75 St Frontage Road Vaal, C4, 31657 towncounc'ilyd'el.yall.e ( i.U3 (970) 479 -1860 phone (970) 4792452 fax LXft'7AH2W4 1 vw.. 9.46.44 PPA I am writing In support of the proposed Middle Creek rental development for local employees on the site commonly known as "Mountain Bell." The need for employee housing grows every year, and while the Town of frail has made strides in providing for -sale options, an affordable rental development is much needed. Residents living within town boundaries are essential to the year round viability of the community, as well as the economy. This location in particular has the advantages of being on the Town's hus route and hike bath, as well as being within wa3king distance of Vail V llage and Lionshead. I have rc-. icwcd the project and support it. Knowing that all of the components of the project may not meet all of the demands and preferences of all members of the community, it is important that the Middle Creek Housing Development proceeds and construction begin as soon as possible. will-,SICE 1976 1Z2Vail, Colorado 9t557 -533 19701476-3200 FAX (970) 476-8577 kidspogOvail.net y.48,tW � LLSB- 9Ltr -OLS Roeaal fined I uv.seyg e95:01 P-0 01 Jas FROM : Plaza Gallery — Vail Co FAX N0. : 970 476 6017 Oct. 10 2002 12:14AM Pi 14t.9/1012001 ThrA Y eo:3#ANf PW i 00 • Vail Town Counckk 75 South Frontage Road Fall, Co 81657 inwneo ll rr avall.co.us (97[l) 479 -1860 phone (970) 479 -2452 fax I Am vngting in support of the proposed Middle Creek rental deve]opmeut for local employees on the site commonly llnosm as "Mountain BeIL,, The need for employee housing grOWS every year, and while the Town of Vail has made strides in providing for--sale options, an affordable rental development is much heeded. Residents living within town boundaries are essential to the year round viability of the cvrnmuridty, as well as the ecor,oM. This location in particular has the advautages of heing on the Town's bus route and b9ic path, as well as bring within walking distance of Vail Village and Lionshead. I have reviewed the project and support it Knowing that 20.0f the components of the project may not meet all of the demands and preferences of all members of the community, it is imPortant that the Middle Creek Housing Developunent prociee& ltnd construction begin as sow, as possible. • Sep 10 02 08:5Ba Rmsden Davis & Fowler RE 970 -476 -8687 p.1 I • Vail Town Council 75 South Frontage Road Vail, Co 81657 towncounciWci.vail.co.us (970) 479 -1860 phone (970) 479 -2452 fax I am writing in support of the proposed Middle Creek rental development for local employees on the site commonly known as "Mountain Bell." The need for employee housing grows every year, and while the'1'owIM of Vail has made strides in providing for -sale options, an affordable rental development is much needed. Residents living within town boundaries are essential to the year round viability of the community, as well as the economy. This location in particular has the advantages of being on the Town's bus route and bike path, as well as being within walking distance of Vail Village and Lionshead. I have reviewed the project and support it. Knowing that all of the components of the project may not meet all of the demands and preferences of all members of the community, it is important that the Middle Creek housing Development proceeds with the project. The design, height scale and massing may need fine tuning to fit the area better. I want to see the housing but it also must be visually pleasing to the eye and a design fitting for Vail. I have heard many Vail residents say they agree with the location of the development, but feel the design does not fit in with being to tall and not a attractive exterior. Since Kurt Davis • dti- 23-d'1 d4:dti Wit �x L PIERS ID= 9764759313 P.9I Vail Town Council 75 South Frontage Road Vail, 00 81657 towncouncil@6vail-co.us (970) 479 -1860 phone (970) 479 -2452 fax I am writing in support of the proposed Middle Creek rental development for local employees on the site commonly known as "Mountain Bell." The need for employee housing grows every year, and while the Town of Vail has made strides in providing for -sale options, an affordable rental development is much needed. Residents living within town boundaries are essential to the year round viability of the community, as well as the economy. This location in particular has the advantages of being on the Town's bus route and bike path, as well as being within walking distance of Vaii Village and lJonshead. I have reviewed the density, rental rates, and elevations of the proposed development plan, and feel that the project is very appropriate at this site. Please feel free to contact me should you have any questions. 0 • FROM e c Vail Town Council 75 South Frontage Road Vail, CO 81657 tcwncounci lQ d.vail.co. us (9701470-1860 phone (070) 479 -2452 Pax FAX No. : Aug. 26 2002 06:39PM Pi 1 am writing in support of the prcpcsed Middle Creek rental development for local employees on the site commonly known as -Mountain E3e11_" The need for employee housing grows every year, and while the Town of Vail has made strides in providing for -sale options, an affardabte rental development is much needed. Residents living within town boundaries are essential to the year round viability of the community, as well as the economy. This tocaWn in particular has the advantages of being on the Town's bus route and bike path, as well as being within walking distance of Val Village and LIonsh ead. i have reviewed UV density, rental rates, and elevations of the proposed development plan, and feel that the project is very appropriate at this site. Please feel free to contact me should you have any questions. 0 'f76 • Page 1 of 1 Nina Timm - Fw: yes, for Middle Creek ]housing From: "DIANA DONOVAN" <dianamdonovan@msn.com> To: "Pam. Brandmeyer" <pbrandmeyer @ci.vai1.co.us> Date: 08/26/2002 3:20 PM Subject: Fw: yes, for Middle Creek housing - - - -- Original Message - - - -- From: BJKSKIOaol.com To: towncouncil @ci.vaii.co.us Sent: Sunday, August 25, 2002 6:48 PM Subject: yes, for Middle Creek housing To: Vail Town Council From: Barbara Krichbaum, 1139 Sandstone Dr #3, Vail Date: August 25, 2002 I am writing in support of the proposed Middle Creek development. The town needs this type of housing in order to continue to attract employees that will help us to maintain our fame as a "world class resortr'. I have only praise for the location] As a member of the Parking Task Force I realize that this location will keep cars out of town. Any other location for this type of housing will only add to our employee parking problernsl Please continue to vote for this project. Don't allow the non - resident home owners to control this issue. Sincerely, Barbara Krichbaum file : //C:lwindowslTEMPIGW}00OO1.HTM 09/03/2002 Is 5�j �sr I� LJ Vail Town Council 75 South rrontage Road Vail, CO 81657 towncouncil @ci.vail.co.us (970) 479 -1860 phone (970) 479 -2452 fax u -zu-- z ; wourm ;uaommuniiyueveiopmenz - aruIraZ4DZ.# 11 1 am writing in support of the proposed Middle Crook rental development for local employees on the site commonly known as "mountain Bell." The need for employee housing grows every year, and while the Town of Vail has made strides in providing for -sale options, an affordable rental development is much needed. Residents living within town boundaries are essential to the year round Viability of the community, as well as the economy. This location in particular has the advantages of being on the Town's bus route and bike path, as well as being within walking distance of Vail Village and Lionshead. I have reviewed the density, rental rates, and elevations of the proposed development plan, and feel that the project is very appropriate at this site. Please feel free to contact me should you have any questions. P .�il. � (1 L _-] 1 i l✓ 1 + • • -t� C t [ h L4 r LA-J t4i 4 F �. a 3 z TO: VAIL TOWN COUNCIL AND PLANNING COMMISSION FROM: MARKA MOSER - 1880 MEADOWRIDGE #4, VAIL, 476 -5822 RE: PROPOSED HOUSING ON THE MOUNTAIN BELL SITE With a potential rental unit corning on the market in Vail, I have been polling several other owners of rental units as to what is the current fair market value for. a year's lease in. Vail. Several owners of property in. Vail have told me that they are having to adjust downward the $1,500 rental price for a year's lease on a two - bedroom, two bath with a loft unit they have rented for several years. They will definitely have to lower the price considerably in order to negotiate a year's lease. And even with a lower - priced product that has been recently rernodefe-d and updated., they doubt they will be able .to obtain a year's lease on their property. This signals to me that rentals are becoming far more available, so to add to that market today would be a big mistake. 1 also feel that the product being offered in this building wauld be much smaller for the,price . being charged. tharr marry units already in the rental ma- r-ket. This cart hardly be considered "affordable." I feel the town should not be in the rental market, except for those rental units that are specifically for their own employees. Business owners should acquire units for rent to their own employees. Timber Ridge and. Sunbird. in Lionsheacf are examples of what happens when there are• I -Nge numbers of rental units on one small area. It becomes seasonal employee housing for single workers. Families don't want to have anything to do with it, because it is not a nice place live. Check out the drug use and dealing occurring in these housing areas. I. have- also. researched that the most sought after units of housing. are studios or one bedroom units where full -time, year - around single employees or a married couple may live affordably, without roomates. A far better option for the town to pursue would be housing such as that in the Commons and Ellefson Park where year - around employees of Vail can. be assisted in purchasing their own home.. A homeowner cares about their property;.a renter often does not. Please reconsider this development of a valuable piece of Vail real estate, and do not consider putting it into an already overbuilt rental pool. F =S9LVeL6 dESONV >aaw woaA NV6a ° L L ZOZ-E L -8 • • • Page 1 of 1 Allison Ochs - Fw: Mt. Bell From: "DIANA DONOVAN" <dianamdonovan@msn.com> To: "Pam Brandmeyer" <pbrandmeyer @ci.vail.co.us> Date: 08/26/2002 2:15 PM Subject: Fw: Mt. Bell - - - -- Original Message - - - -- From: "Judy Berkowitz" <Judy@IIPBAssoc.com> To: <towncouncil @ci.vail.co.us> Sent: Monday, August 26, 2002 7:12 PM Subject: Mt. Bell > To: The Mayor > The Planning Commission > The Town Council > > As longtime Vail homeowners, we would like to express our hope that you Will • reconsider the masss and scope of the proposed Mt. Bell site. The idea of • placing a high density, low esthetic development at the entrance to our • Village is ill conceived and should prompt a thorough investigation of the • both the real needs of the town employers /employees and how best to satisfy > these needs. As we heard at the recent PEC meeting, an after September 11 > re- evaluation needs to be undertaken so that we are not just responding to > perceived but perhaps unrealistic assessments and move in the the direction > that is most appropriate given the changing economic climate of Vail.. > > As you climb up Vail mountain and look down toward the Village as I recently > did this summer, it is clear that the landscape would be horribly affected > by this project which will loom as the large and out of scale development it > is. The same vista will assault our downhill skiiers as they end their day - > Right now we have a chance, and an obligation, to preserve the character of > Vail and not allow such massive developments that could radically alter the > perception and reality of our world class resort. > • We urge the Council and the Commission to look into reducing the scale of • this project and to preserve as much of the open space as possible. > Sincerely, > Judy and Howard Berkowitz > file :l /C:1WindowslTEMP1GW} 00002.HTM 88/30/2002 d J Hm13MAN FAMILY TEADZNO GomPANY 0201 WARD PAI KWAX KANSAS CITY, No 64113 August 8, 2002 Town of Vail Town Council 75 South Frontage Road, West Vail, CO 81657 Dear Mayor and Town Council; As a property owner and fulltime resident, I believe that the size of the proposal for the Mountain Bell Site is incompatible with the beauty and world -class scenic image of Vail's main entrance We urge the Town of Vail to significantly reduce the size of the housing project or move it to a more appropriate venue. While we all recognize the importance of affordable employee housing, we urge the Town to preserve and protect Vail's image as visitors first enter our beautiful Village. As at all other resorts, employee housing should not be the first visual visitors would encounter. Truly affordable employee housing should not be attempted where it is neither appropriate nor affordable. I know you as a resident don't want a bulky eyesore to be the first impression visitors will have of our village. Sincerel { Michael E. Herman 343 Leaver Dam loud Vail, Colorado 81657 PHONE: 816 - 361.0544 c -mail: mikc @hermanfte.com FAX: 816.383.7839 ruth4hermanftc.com • 0 U Mr. & Mrs. Henry Beck 3037 East Lake Road Skaneateles, NY 13152 August 9, 2002 TOWN OF VAIL Town Council 75 South Frontage Road, West Vail, CO 81657 Dear: Mayor and Town Council Planning and Environmental Commission Design Review Board We believe that the size of the proposal for the Mountain Bell Site is incompatible with the beauty and world -class scenic image of Vail's main entrance. We urge the Town of Vail to significantly reduce the size of the housing project or move it to a more appropriate venue. While we all recognize the importance of affordable employee housing, we urge the Town to preserve and protect Vail's image as visitors first enter our beautiful Village. As at all other resorts, employee housing should not be the first visual visitors will encounter. Truly affordable employee housing should not be attempted where it is neither appropriate nor affordable. Sincerely, Scorpio Property Owners #405 Hen TO: VAIL TOWN COUNCIL AND PLANNING COMMISSION FROM: MARKA MOSER - 1880 MEADOWRIDGE #4, VAIL, 476 -5822 RE: PROPOSED HOUSING ON THE MOUNTAIN BELL SITE With- a potential rental unit coming on the market in Vail, I have been polling several other owners of rental units as to what is the current fair market value for. a year's lease in Vail: Several owners of property in. Vail have told me that they are having to adjust downward the $1,500 rental price for a year's lease on a two - bedroom, two bath with a loft unit they have rented for several years. They will definitely have to lower the price considerably in order to negotiate a year's lease. And even with a lower- priced product that has been recently remodeled and updated; they doubt they will be able'-to obtain a year's lease on their property. This signals to me that rentals are becoming far more available, so to add to that market today would be a big mistake. I also feel that the product being offered in this- building would be much smae.r for the price. being charged than many units already in the-rental market. This can hardly be considered "affordable." I feel the town should not be in the rental market, except for those' rental units that are specifically for their own employees. Business owners should acquire units for rent to their own employees_ Timber Ridge and Sunbird in Lionshead are examples of what happens when there are lMge numbers of rental units on one small area. It becomes seasonal empicyee housing for single workers, l= amities don't want to have anything to do with it, because it is not a nice place live. Check out the drug use and dealing occurring in these housing areas. 1. have- also researched that the most sought after units of housing. are studios or one bedroom units where full -time, year - around single employees or a married couple may live affordably, without roomates. A far better option for the town to pursue would be housing such as that in the Commons -and Ellefson Park where year - around employees of Vail earl. be assisted .inr purchasing their own. home. A homeowner cares about their property;.a renter often does not. Please reconsider this development of a valuable piece of Vail real estate, and do not consider putting it into an already overbuilt rental pool. IF i • -_ -- _ -- _. -,.-- ..-.: a ,r.; I n34J LJHi"-.V. =. 1 1 7zV., --C 1 —R a-4 97D- 4�7� -S�6S D, Y � � r �L r� S 0�, 32- 5 Vi;,j y��.¢76.���s r ' 4 r 5 • F//CR/C) -? O� �,Gu -77 ELAINE KELTON 1034 HOMESTAKE CIRCLE VAIL, COLORADO 81657 970 -476 -5411 DEAR MAYOR KURZ PLANNING & ENVIRONMENTAL COMMISSION DESIGN REVIEW BOARD YES, WE NEED INTEGRATED LONG TERM AD SEASONAL HOUSING. YES, WE NEED EMPLOYER OWNED HOUSING. YES, WE NEED A LOT OF IT. r BUT WE DO NOT NEED ALL OF IT IN ONE LOCATION, ESPECIALLY ONE WHICH IS SO VERY VISIBLE AT THE "FRONT DOOR TO VAIL. 0 THE ALTERNATIVES ARE AVAILABLE TO SPREAD THE UNITS NEEDED: THE "HUD WIRTH PARCEL" AND THE TIMBER RIDGE SITES COULD PERHAPS ABSORB THE NEEDED UNITS. EACH OF THE ALTERNATE LOCATIONS WOULD ALSO HAVE AVAILABLE PUBLIC TRANSPORTATION. WE NEED TO CONSIDER AS THE IROQUOIS NATIONTHE IMPACT ON TH E "SEVENTH GENERATION" BUILDING THE LARGEST SINGLE PROJECT AT THE ENTRANCE OF THE TOWN —THE 1sT THING SEEN AS YOU EXIT 1 -70 AND THE VIEW FROM THE MOUNTAIN AS YOU SKI DOWN AT THE END OF EVERY DAY DOESN'T FEEL SYMPATHETIC TO ALL WE ESPOUSE AS A WORLD CLASS RESORT. LASTLY, PLEASE DO NOT FORGET THAT THIS LAND WAS ORIGINALLY DESIGNATED OPEN SPACE AND THE REMOVEABLE OF THIS TRACT WAS DONE TO CREATE A SMALL POCKET OF 40 EMPLOYER HOUSING UNITS. SINCERELY, ELAINE KELTON • r ` Ll ARTHUR KELTON JR 225 WALL STREET VAIL, COLORADO 81657 970 -476 -7990 TO MAYOR LUDY KURZ THE P.E.C. THE DESIGN REVIEW BOARD PLEASE COUNT ME AMONG THOSE OPPOSED TO THE OVER DEVELOPEMENT OF THE "MOUNTAIN BELL" SITE NOW DESIGNATED MIDDLE CREEK. THIS SITE WAS ONLY REZONED TO ALLOW FOR 40 EMPLOYER OWNED UNITS, NOT THE ENLARGED DESIGN ON THE TABLE TODAY. THIS IS THE ENTRANCE TO THE TOWN OF VAIL, THE FIRST IMPRESION THAT THE VISITOR IMPRINTS. NPLEAESE RECONSIDER THE DENSITY AT THIS LOCATION AND SPREAD IT TO OTHER AVAILABLE SITES SO AS TO MAINTAIN THE INTEGRITY OF THE RESORT EXPERIENCE. ART 8/12 ttA AA �UC(�5 ) - , � S VIAL 5 %" He 6tj ".�)11��.js� VA d �U L) C Ct-. -55c� L �-- " ; r S cS / A RJ 1 4 IL �" ILA t�,a0 -Q'U'A TaWL4,a a L 40 a • 17-A b 4. �6 k. 1� 1,7GCx:� -5 r� - � r �, � ��. F tom,;- u.: --�u� cam' C-� l �, r.� �� r T f rj i � �/ i/f �� � 1 r ,� % �, � - ,, c�1 � +� � � � r �. � � � �, � � ,.�tJ�/�- -�h.Q. � �,_3_.�. �' j ��r_� � � •L III /� !_, /'�'�' �. �� �1- v^=-J` j J � l �/ � ",. .-�,� f � 6+ . -� � .� Wiz. � f i� � �.�,i �_. a� � � r i�-� -� • 3 " l C7 Page 1 of 1 Allison Ochs - Fw: Middle Creek From: "DIANA DONOVAN" <dianamdonovan @msn.com> To: "Pam Drandmeyer" <pbrandmeycr @ci.vail.co.us> Date: 09116/2002 8:18 PM Subject: Fw: Middle Creek - - - -- Original Message - - - -- From: Malin Johnsdotter To: towncouncil @ci.vail.co.us Sent: Monday, September 16, 2002 4:11 PM Subject: Middle Creek Hello Members of Vail Town Council My name is Malin Johnsdotter - Zeltman and I live on Sierra Trail in West Vail. I have been here since 1986 and I work as an ski instructor in the winter time. I am only a resident of the USA so I cannot vote, but I have paid taxes here in Vail and Colorado since 1986. Now when I have choosen to live full time here in beautiful, but noisy Vail I am really concerned about the future of my home town. I want guests come to Vail and feel as they have come to small, friendly village where everything is in lesser scale than the big cities most of our guests come from. Therefor I am writing you about my concern about the Night and scale of Middle Creek. We all know Lionhead and we all recognize the problem with Lionshead, how big the buildings are, how ugly the whole Lionshead is. Please think about that when you decide to build an other complex of 6 stories buildings in the heart and at the entrance of our mountain village where at least I want my skiing guest to feel as they are in the mountains far away from the stress at home. Compare Vail with other European ski resorts as Zermatt, Argentiere and you have the picture. I am not against affordable housing. I am one that would have needed it, I am just against the BIG SCALE of Middle Creek as the first thing our guests, who are the providers for us to be able to live and work here, should see when they come to Vail. Please do not repeat the mistakes from Lionshead. Thank you Malin Johnsdotter Malin Johnsdotter - Zeltman 1779 Sierra Trail # A VAIL, CO 81657, USA Ph (970) 479 -5597 Fax (970) 479 -7345 Cell (970) 376 -6526 E -mail: malin @vail.net file: / /C:1Windows1TEMP\GW100003.HTM 09/17/2002 Page 1 df 1" ' Allison Ochs - does the Town want to risk lawsuits down the road 0 From: "Gay E- Mail" <gsteadman @gwest.net> To: "Town Council" <towncouncil @ci.vail.co.us> Date: 09/12/2002 8:18 PM Subject: does the Town want to risk lawsuits down the road Does the Town council want to risk future lawsuits >from renters at Middle Creek who might get sick from living so close to the >microwave tower? It has not been proven that long terra exposure to the >levels of radiation emitted by this type of installation are harmless. I suggest that research be done by the council to determine whether it is sensible to put a large number of people in that location under those circumstances. Thank you, Gay Steadman • file: //C:1WindowslTEMP1GW} 00004.HTM 09/17/2002 I 'I l Allison Ochs - Fw: Mountain Bell site From: "DIANA DONOVAN" <dianamdonovan rzmsn.com> To: "Pam Brandrneyer" <pbrandmeyer @ci.vail.co.us> Date: 09/16/2002 10:08 PM Subject: Fw: Mountain Bell site - - - -- Original Message - - - -- From: Gay E_Maik To: Town Council : Vail. Daily Sent: Thursday, September 12, 2002 8:08 PM Subject: Mountain Bell site We need an answer from the Town Council as to why members >have not chosen the very large, underutilized land on which their office >sits for affordable housing for employees..... is it because the choice >is too logical? The bottom floor could accommodate municipal offices, >there could be underground parking, and the top S or 6 floors could house >employees. There wouldn't be any need for a pedestrian, overpass since >the employees would be living on the Village side of the highway. Are our elected representatives "HATS" (Not Above the Town Staff )? NIMBYs (Not in My Back Yard) and HATS are alot alike, NIMBYs just >seem to be more vocal. Thank you, Gay Steadman file: / /C :1WindowslTEMP\GW } 00003.HTM Page J " 4 Page 1 of 1 Allison Ochs - Fw: Vote no on Middle Creek housing as proposed From: "DIANA DONOVAN" <dianamdonovan @msn.com> To: "Pam Brandmeyer" <pbrandmeyer @ci.vail.co.us> Date: 09/16/2002 10:10 PM Subject: Fw: Vote no on Middle Creek housing as proposed - - - -- Original Message -_._- From: Helen &_Bob Fritch To: towncout?c_l @cq ail.covus Sent: Thursday, September 12, 2002 3:40 PM Subject: Vote no on Middle Creek housing as proposed towneouncil@ci.vail.co.us Vote no on the Middle Creek housing development as now proposed. I have been asked to write you about this development by the VCBA but, as is so often true, I do not agree with their endorsement of this project as proposed. I am not a part-time resident nor do I live in Spraddle Creep. I am a permanent resident of downtown Vail, and I am a business owner in Vail. I do think we need employee housing in Vail, even at the Mountain Bell site. But this project is too large and too high, and the rents are too high to be called "affordable housing." It is not even very attractive. Bob Fritch • ,Windows\TEMP\GW}00003.HTM 09/17/2002 - J I f Page 1 of 2 Allison Ochs - Fw: Middle Creek 0 From: "DIANA DONOVAN" <dianamdonovan @msn.com> To: "Pam Brandmeyer" <pbrandmeyer @ci.vail.co.us> Date: 09/11 /2002 2:00 PM Subject: Fw: Middle Creek -- Original Message -- -- From: Tam._ M_ullen_WeSt.Vail Liquor_N1ar[ To: Vail Town Council Sent: Monday, September 09, 2002 7:30 PM Subject: Middle Creek Dear Town Council, I am writing this e -mail in support of the proposed Middle Creek housing development. It is my opinion that this would be a positive step in satisfying the need for seasonal and full time housing options within the Town of Vail. I was able to move to Vail because the West Vail Liquor Mart offered ( and continues to do so) housing within walking distance to the store. That was in 1988 and I was 25 years old. I moved to Vail without a car and was able to enjoy a very satisfying lifestyle working and living in West Vail, taking the bus to the Village for skiing and night life. I did not purchase a car until I had lived in Vail for about two years. Since that time I have become a homeowner and a partner at West Vail Liquor Mart. l am not suggesting that everyone who moves to Vail and lives in employee housing will become a business owner and a permanent resident, but if the option to have a place to live was not available I probably would not have decided to move to Vail. I simply had other options that would have made more sense to me at that time. There are many reasons why this site makes sense for Vail. The proximity to the Village and Lionshead will mean that a person will not have to drive to work. It will allow employees to get to work on time allowing them to begin serving Vail customers much easier than a commute from 10 -20+ miles to the West. In other words employees will not be late to work due to snowy roads, accidents and car problems. This will be a positive site with the increased employee population needed with the redevelopment of Lionshead and the expectation that the proposed conference center will be built. It will help relieve employee related congestion in the parking structure. If Middle Creek is not built the population that .vou! d have lived there will spend their dollars where they live, and that will not be in Vail. Middle Creek will offer easy access to the retail services area of West Vail and keep tax dollars in the Town of Vail. I have read that some business owners in Vail feel that the location for Middle Creek is wrong because it will be an eyesore at the front door of Vail and people will not want to come to Vail because of this perceived eyesore. This is just not true. Vail is celebrating it's 40th year. In those 40 years people (many of the same people) have continued to come to Vail despite all of the development and visual changes over the years. Another argument that I hear is that of homeowners in close proximity to Middle Creek are against it for similar reasons and fear of property values declining. I can recall a similar argument occurring when the Town of Vail built employee housing near Potato Patch. I do not think that property values in Potato Patch have suffered at all in the past few years. Middle Creek has far more positives than negatives and I would like to see the town council support its development. Tom Mullen Gore Valley Enterprises West Vail Liquor Mart 2151 N. Frontage Road Vail, CO 81657 file : / /C:1Windows\TEMP\GW} 00003.HTM 09/16/2002 Nail Town Council Page 1 of I Allison Ochs - Fw: Middle Creek Project From: "DIANA DONOVAN" <dianamdonovan @rnsn.com> To: "Pain Brandmeyer" <pbrandmeyer@ci.vail.co.us> Date: 09/1112002 2:00 PM Subject: Fw: Middle Creek Project - - - -- Original Message ----- From: Steve Simonett To: towncouncil @c.vail,co._us Sent: Tuesday, September 10, 2002 8:22 AM Subject: Middle Creek Project Please see this form letter as my complete support for this project -Steve Simonett Vail Town Council 75 South Frontage Road Vail, Co 81657 town councilAci.vafl.co.us (970) 479 -1860 phone (970) 479 -2452 fax I am writing in support of the proposed Middle Creek rental development for local employees on the site commonly known as "Mountain Bell." The need for employee housing grows every year, and while the Town of Vail has made strides in providing for -sale options, an affordable rental development is much needed. Residents living within town boundaries are essential to the year round viability of the community, as well as the economy. This location in particular has the advantages of being on the Town's bus route and bike path, as well as being within walking distance of Vail Village and Lionshead. I have reviewed the project and support it. Knowing that all of the components of the project may not meet all of the demands and preferences of all members of the community, it is important that the Middle Creek Housing Development proceeds and construction begin as soon as possible. file:/ /C:IWindowslTEMP1GW} 00003.HTM 09/16/2002 7 ; Page 1 of 3 Allison Ochs - Fw: The Middle Creek Project From: "DIANA DONOVAN" <dianamdonovan @msn.com> To: "Pam Brandmeyer" <pbrandmeyer@ci.vail.co.us> Date: 08130/2002 6:11 PM Subject: Fw: The Middle Creek Project - - -- Original Message - -- From: <markconvail@juno.com> To: <towncouncil@ci.vail.co.us> Sent: Friday, August 30, 2002 5:30 PM Subject: The Middle Creek Project > Dear Vail Town Council, > I have lived in and around Vail off and on since 1978. I have watched this town grow and develop. I have never participated in town government, until now. > I am opposed to the Middle Creek Project as it is being proposed. I believe it will be a White Elephant to the Town of Vail if it is constructed. I have based my opinion on the following points. I appreciate your time in reading this email. > > • As far as I know, there has never been a study done to see what are the current and future needs of employee housing in our valley. If affordable housing is warranted, let us consider building pockets of employee housing around Vail that really encourage a viable, dynamic, and diverse community spirit. > • Avon is currently building the Village of Avon. 2300 homes and condos will be built in the next 3 -5 years in this development. Edwards is developing Berry Creek, 1800 homes are proposed for this area. These areas are connected to Vail with at good bus system. I believe some of the affordable housing needs will be satisfied with these new developments. > > • I have been told the T.O.V. has 2 other parcels that should be considered for affordable housing - by the T.O.V. maintenance facility and between Chamonix Ln. and Arosa Dr. in West Vail. These are great locations, easily accessed on the free T.O.V. bus route, they also are located in areas where pedestrian and vehicle traffic would not be so invasive. > • The design of Middle Creek is appalling. It is worse than Timber Ridge (Valley High = Valley Sty). It consists of 3 buildings, one being 5 stories high. (The Planning Commission just rejected a proposal by the Tivoli Lodge for a new 4 -story structure, as it was in the TOV "view corridor" and did not fall in the Town's master plan. So why is a 5 story structure at our front door OK ?) The design is in no way aesthetically pleasing, There are no balconies; they are block buildings that could be made with prefab housing units. The Town did a nice job with Vail Commons, Garmish Dr. and Sandstone Dr. affordable housing. Why can they not think about the architecture that will be at our front door for years to come? Look at the River's Edge in Avon. Look at the Tames at the base of Beaver Creek. Vail Resorts, with their tight corporate shoestrings, managed to build some nice looking employee housing, economically. > file: / /C:1WindowslTEMP\GW} 00003.HTM 09/11/2002 • • r ,a # Page 2 of 3 > • The original proposal by the T ©V was to have a 42 -unit facility that would be purchased by employers for employee housing. Now the town has placed a $6 million value on this property (which I believe was deeded to the T.Q.V. by Vail Resorts as open space). They want to lease this land to the Developer for 50 years for free (and then what ?). The Developer and the Planning Board have stated that this sight must have 142 units to make it economically viable_ Why? If so, use another sight or use less of the land (less units) and declare the rest of the space "open space" as it was originally deeded. > • This is the "Front Door" to Vail. Think what it's like to drive into Keystone, Copper Mountain, Winter Park Village, or even Avon. It's all about the money. Not the views, not the Alpine atmosphere, it's about how to get as many units into one space, to increase revenues. That is not why people are attracted to Vail. It is not why most of us live here. As a community, I believe we would be doing ourselves an injustice by allowing this project, in it's size, shape and scope to proceed. > • There has been no discussion or information provided by the TGV on how it is going to handle the increased pedestrian and vehicle traffic that will arise should the project be developed. 300 - 500 individuals will be trying to get to and from town as fast as possible. The Developer has a bus stop included. Believe me, it'll be faster to walk to town. 5o, like at Timber Ridge, we will have a steady stream of people crossing N. Frontage Rd., I -70, and the round - abouts (we all know how visitors have trouble enough maneuvering them, without increased traffic). And who will monitor the parking at the Middle Creek facility, when all the parking structures in Vail are full, and parking on frontage road is full, and skier/boarders know it's an easy walk from Middle Creek? is > > • The rents proposed would be in actuality 65 -70% of an employee's NET income (the numbers presented by the developer were based on GROSS income). If an employee had a family, this would mean the other bedrooms would not be occupied by a "wage earner" making it economically impossible for the employee to live there. The Developers numbers were based on each room being occupied by a wager earner. > • The Developer also reserved the right to rent a percentage of the units out at a higher rental rate, if the income of the individual could provide for that. Who will monitor this? The Developer will also act as the Rental Management Company. who will monitor this to be sure fair practices are being followed? > • The Town and Eagle County have $13 million set aside for this project. The Developer said it would take $22 million to build. Who will pay the difference? How can the TQV take on yet another huge debt, with the Lionshead redevelopment and Donovan Park looming in the near future? > In today's Vail Daily there is an article that's tenor is pro Middle Creek. They suggest that it is the rich homeowners (ie: Spraddle Creek owners) who are opposing this project. The writer didn't do her homework. I have spoken to numerous Vail locals and they agree that the size and design is completely inappropriate for the Town of Vail. Many even question the location. Please understand that many of these people work during the day and are unable to attend Planning or Council meetings, and therefore have only been aware of the upcoming project since the recent coverage in the Vail Daily. I believe more community awareness would most likely provoke the need to rethink the Middle Creek Project by the Town Council. > I appreciate your time and effort. Again, please seriously rethink Middle file : /1C :1Windows\TEMP1GW } 00003.HTM 0911112002 Aug 81 02 01:2Ga Jan Eric Strauch 8709269212 P.1 � 4, ! An Eric Stra ucb TO: VAIL TO' WN COUNCIL DATE: 10 SEPTE MBER 2002 RE; MIDDLE CREEK I am writing to urge a NO vote on the Middle Creek Project. Convenient and afforda ale employee housing continues to be a critical need to the long -terns economic hea .th and stability of the Vail community. BUT as currently designed, /.Middle Creek is not the answer for the following reasons: TOO MASSIVE for the location. The design does not fit into the quaint alpine resort character of the village, will architecturally detract from Vail's "world class" tourism appeal, and will create serious vehicular and pedestrian access problems. TOO SIGH RENTAL ItATE5. The proposed cost to tenants is good but not so earth shattering to justi Ey the investment and other negative impacts, TOO LITTLE 11CONO NIC DIVERSIFICATION. Housing projects, historically, work better when they iittract a relatively wide range of incomes. It may be a mistake to Ltip solve the employee-housing problem with such "big bites ". Instead, I urge tl It council to focus more on purchasing and deed restricting available homes, requir ng new development, such as planned in Lionshead, to include a fair number o f employee units, and building smaller apartments for sale and/or rent Eric Strauch Page 1 of 1' ' + Allison Ochs - Fw: middle creek project 0 From: "DIANA DONOVAN " <dianamdonovan @msn.com> To: "Pam Brandmeyer° <pbrandmeyer@ci.vail.co.us> Date: 09101/2002 3:25 PM Subject: Fw: middle creek project - - - -- Original Message - - - -- From: ImGuss1eR0aol.com To: towncouncil i.vail.00.us Sent: Sunday, September 01, 2002 3:10 PM Subject: middle creek project To the Vail Town Council: Some of you I know and some I do not. I feel I am an average Vail resident having lived and worked here for 25 years. I am against the Middle Creek development. First and foremost the TOV cannot take on another Huge debt. I feel this project is too big for the site, poorly planned and not needed. The development in Avon and Edwards will provide thousands of new units to buy and rent in the very near future. I feel the town should look at smaller sites through out the town to put a few employee units. Please vote against this project, once it is built we will regret it for ever. If major employers of Vail say we do not need it, please listen to them. Also It seems so unfair for all commercial building, and homes in Vail to have a high standard, but employee housing does not. • Gussie B Ross a Vail homeowner. 476 -1809 • file: / /C:1Windows\TEMP1GVW) 00003.HTM 09/11/2002 • 40 Page 1 of 1 Allison Ochs - Fw: middle creek project From: To: Date: Subject: "DIANA DONOVAN" <dianamdonovan @msn.com> "Pam Brandrneyer" <pbrandmeycr @ci.vail.co.us> 09/01/20023:25 PM Fw: middle creek project - - - -- Original Message - - - -- From: I.;m.Gussie_R@aol_.acom. To: towncouncil @ci va l co.us Sent: Sunday, September 01, 2002 3:10 PM Subject: middle creek project To the Vail Town Council: Some of you I know and some I do not. I feel I am an average Vail resident having lived and worked here for 25 years. I am against the Middle Greek development. First and foremost the TOV cannot take on another Huge debt. I feel this project is too big for the site, poorly planned and not needed. The development in Avon and Edwards will provide thousands of new units to buy and rent in the very near future. I feel the town should look at smaller sites through out the town to put a few employee units. Please vote against this project, once it is built we will regret it for ever. If major employers of Vail say we do not need it, please listen to them. Also it seems so unfair for all commercial building, and homes in Vail to have a high standard, but employee housing does not. Gussie 8 Ross a Vail homeowner. 476 -1809 file: / /C:1WindowslTEMP\GW } 00003.HTM 09/11/2002 Design Review Report MIDDLE CREEK AFFORDABLE HOUSENG 15 September 2002 To: Bob McLaurin, Russell Forest, Allison Ochs, Nina Timm and members of the DRB and Planning & Environmental Commission: From: Jeff Winston This letter is an overview evaluation of the Middle Creels Affordable Housing project as it has evolved over the past two weeks. When invited to provide input into the design review process, the mission presented to me was, "what changes can be made without major revisions to the buildings, that will bring it more closely in line with the original intent of the project and the character and spirit of hail ?" After an initial review session with staff, we thought it would be valuable to have the Applicant (Mike Coughlin) and his architect (Otis Odell) be part of the dialogue. They agreed, and participated in several review sessions, in my office and theirs, and have been very responsive. They have made almost all of the changes that were suggested and/or that we evolved together. The changes not implemented are either minor (not significant to the overall concept), or items that create costs disproportionate to the results achieved or are of a more detailed, aesthetic nature that appropriately will be worked out with the DRB after initial PEC approval has been granted. In the course of the review, we considered several aspects: I. Appropriateness of the original concept The original direction suggested by the Applicant, and as I understand, endorsed by the PEC, was that of an Italian (Europiean) hill town. Is the `hilltown' concept appropriate for Vail? I reviewed the collage of photographs of Italian hill towns prepared by Odell, and found the original concept a compelling image, especially given the steep montane backdrop of the site. I feel that the original decision of the PEC to support that direction was reasonable. The vertical massing of buildings, and stucco exterior appear to be a reasonable response to the steep site coupled with the challenge of maintaining affordability. No, it is not Tyrolean tike Vail Village. However, as one approaches Vail from east or west there are many buildings along I -70 that are not particularly Tyrolean, especially the buildings north of I -70. Yet, they are all part of the Vail backdrop. Many of these buildings are vertical in nature, and have large stucco components —I do not think the Middle Creek project will appear to be out of place_ It is also worth noting that although the Middle Creek project is at Vail's front door, it is not actually visible from I -70 for any great distance from the east or west. From the cast it is screened until the very last minute (entering the off -ramp) by the Spraddle Creek hill. From the west, the Bell tower, the landforms and mature trees screen much of the proposed buildings. 0 ova, Review commerns34m Page 1 2299 PEARL STREET, SUITE 100 . BOULDER, CO 80302 0 343 - 440 -9204 , FAX 303-449-6911 . jtwinston ®winstonassociates.com Design Review Comments Middle Creek Affordable Housing - -Vail Winston Associates 2. Did the plan carry out the original concept? As we looked at the 8/16102 version of the plans, we noted several components that seemed not consistent with the original "hilltown" concept. In general, in addition to trying to capture more of the spirit of the "hilltown" forms, we also looked at eliminating or modifying elements that appeared contemporary, so as to capture a timeless, old world character. The elements that were addressed included; a. Horizontal balcony walkways —the vertical massing of Building A that was so strong in the massing model, appeared to have been foiled by a particular placement of stair towers that required long exterior balcony walkways to reach them. The heavy wood railings on the balcony walkways accentuated the horizontal lines. In some cases, the balconies extending around corners further contradicted the vertical massing of the buildings. Remedy: The debris wall and amount of building below grade precluded moving the balcony walkways to the north side of Building A. Therefore, additional stair towers were added so as to reduce the extent of horizontal balcony walkways needed. Putting a wall around these exterior stairs to create towers in stucco and/or stone would make them appear to be vertical building elements and gave further variation to the building facades. In the latest set of plans (9/13/02) the return walls are only 5' long, enclosing the landing. I recommend fully enclosing the stairs so that the tower attaches to the building. To further reinforce the stair as a part of the building perhaps an arched opening could be created where the walkway enters the stair tower. Extending the roof plane out over these stair towers also reinforces them as elements of the building form (rather than as additions). The balcony walkways that remain will be further de- emphasized by having wrought -iron railings with a light, European quality such as is found in southern Italy and France. On Building B the balcony walkways were removed entirely from the south elevation. The applicant is considering adding "Opera balcony" railings on a few windows to add more variety and interest to the facade. b. Exterior flat panels— Exterior flat panels were originally added to both Building A and B to screen the horizontal balcony walkways. However, revealing the edge of the panel gave the wall a thin, and decidedly `modern' quality (only achievable with modem construction materials and methods), almost a false - facade wall.. Remedy: On Building B, the flat panels were removed entirely, except at the lowest level, where they are proposed of stone, also with returns on each end to appear as building extensions. Canopy roofs extend to add variety and give the appearance that they might have been added after the original construction. On Building A, the balcony entries could not be moved to north side of the building (see a. above). Although adding south side stair towers shortened the balcony walkways, several are still required. The wall panels are helpful in masking the horizontal extent of these walkways.tHowever, to make the panels more an extension of the building, they given a 3' return on each end . Similar to the stair towers, the connection to the building could be further strengthened by adding an archway entry over the walkway. The panels are now proposed to be of stucco (rather than the vertically jointed hardy -board that added to the thin, temporary look). The panels are further enlivened with a random placement of windows to further relate them to the main building mass. We suggest additional window openings, perhaps adding more variation in size and an asymmetrical placement. If the panels can be made Interrially the additional 3' o depth will he used for exterior storage for the apartment units. 0 Design Review Comments3.dM Page 2 2299 PEARL STREET, SUITE 100 , BOULDER, CO 80302 0 303- 440 -9200 • FAX 303-449-6911 . jtwinston@winstonassociates.com Design Review Comments Middle Creek Affordable Housing— Vail Winston Associates integral to the building, they will add to the horizontal stepping back and forth of the south fagade of Building A. c. Horizontal stepping of buildings —in general we (and apparently the PEC) felt that there was not enough horizontal `movement' (stepping back and forth) of the vertical walls, that the building facades were too flat, Remedy: As noted above, the addition of stair towers and `returns' at the ends of the flat panels added much more variation to the facade of Building A. In Building B, the westernmost segment was moved south approximately lit', providing additional `stepping' of the facade of the building. This stepping is reinforced by the gradual stepping down of the roofs. On Building C, the southwest corner (above the parking garage, was pushed $'to 10' north, creating a significant `step' in the vertical facade. The roof of the garage will be treated a terrace, with handrails along the edge. d. Vertical stepping of buildings —in comparison with the `hilltown' images, the Middle Creek buildings didn't exhibit the same kind of vertical stepping, especially at the eastern end where the building should step down to the surrounding terrain. Remedy: At the east end of Building B, the 6' to 8' crawl space was deleted, allowing the easternmost building element to drop an equivalent amount. At BuiIding C, on the southeast comer, a unit was eliminated, dropping the building height from 3 to 2 stories. In the northeast comer, a 4' crawl space was eliminated, and that portion of the building lowered an equivalent amount. Further, in this location a 3 bedroom unit was changed to a 2 bedroom unit, allowing a portion of the roof to be lowered further. Finally, at the high part of the roof in the northeast quadrant a south- facing gable end was removed, which allows the roof to cascade down, further reducing the vertical mass of the building. e. Roofs --the `hilltown' images, and the early massing models, there are many roof planes but with a general consistency of direction—generally following the ground contours. In the examples, occasionally the roof cascade is broken by gable ends perpendicular to the main mass of roofs. The previous Middle Creek design had much of the sarne character, but a number of large, prominent, south - facing gable ends tended to dominate the composition. Another feature of the `hilltown' images is thick roofs that are the resutlt of the use of clay tile. Since the is not appropriate for Vail, an alternative material must be found. Remedy: Several prominent south- facing gable ends were removed. A few were retained to maintain variety in the roofline. It is important to make the roofs significant. As mentioned above, clay tile is not appropriate, nor is the stone (similar to slate) that would be found in northern Europe. The applicant has indicated an intention to find a very high profile (with a lot of relief in the surface) roof material. We encourage this as well as consideration of thicker facia (to increase the apparent mass of the roof), broader overhangs and perhaps a more extensive use of the timber angle brackets shown on the stair towers. f. Window placement— very symmetrical and repetitious window placement gives a somewhat modem quality to the architecture. The irregular placement of windows will add to the `hillside' character of the project. 0 rxsign mew CcmmenUldcc P-ge 3 2299 PEARL STREET, SUITE 100 , BOULDER, CCU 80302 N 303- 440 -9200 . FAX 303- 449 -691 1 . jtwinston @winstonassociates .corn Design Review Comments Middle Creek Affordable Housing— Vail Winston Associates Remedy: A certain randomness has been added via the placement of windows in the exterior panels. We encourage even more windows, and adding even more irregularity to the windows shown. g. Materials —The use of timeless materials will do much to add a touch of old world charm to the building. Unfortunately, the need for affordability works against extensive use of some of the most timeless materials (stone, slate, etc.). The horizontal and vertical joints shown in the stucco walls of the 8/16/02 plans added a decidedly contemporary character to the buildings, not unlike the geometrical pattern of Vail Spa, e.g. Remedy: In the highly visible portions of the building the applicant has eliminated hardy -board in favor of exterior stucco. The applicant is exploring techniques to avoid vertical and horizontal jointing in the stucco. Vertically jointed hardy -board has been retained for cost reasons in the interior and north side portions of the buildings, since these areas have low visibility from 1 -70 and the North Frontage Road. The amount of stonework previously shown has been expanded and consolidated in several very visible elements —the fagade of the sales office (visible from the drive - up/bus plaza), the campanile /stair tower at the east end of Building A, the building extensions along the base of Building B, and the garage fagade on the southwest corner of Building C. We would very much encourage even more stone in one or more of the south and southeast vertical elements of Building C. However, we also recognizing that the applicant has already made a number of changes that will increase costs. h. Building C courtyard —the stairs that serve Building C were all located around the exterior periphery of the building. While this meets egress requirements and works well with the vertical circulation from the parking garage, it would also leave the internal courtyard largely inaccessible. Some of the horizontal balcony walkways on the upper levels of the courtyard will be visible from the outside. Remedy: An additional stair tower is proposed on the north side of the Building C courtyard. This will not only provide additional circulation, and bring more life to the courtyard, but also tend to mask the balcony walkways beyond. L Building B courtyard —the courtyard on the north side of Building B (also the pedestrian entry into the couryard of Building C) appeared ro be a little too narrow as an exterior space. Remedy: Shifting the west end of BuiIding B to the south has opened up the courtyard to the west (near the drop off circle in front of the parking garage). The applicant is also considering rotating Building B counterclockwise, pivoting around the southeast corner, to further opening up the pedestrian plaza. 3. Overall assessment of revised plan Overall, rather than trying to achieve a Tyrolean treatment, our goal was to maintain the `Italian hilltown' image as originally proposed. The key to achieving this look is to create vertical building mass, with significant stepping in the forms, both horizontally and vertically. We feel that the changes incorporated in the latest revision have achieved that goal to a significant degree. A complementary goal was to create a building of Old World, timeless character —one that would appear to have been there for hundreds of years. The key to this objective is to avoid building elements, materials and treatments that would have a `contemporary' image. Much of this has been accomplished by removing many of the exterior building panels and converting the remaining ones to appear as building extensions. Other approaches include irregular window placements, use of stone on signature features (towers), using stucco extensively, avoiding joint lines, eliminating strong horizontal balconies, roof treatments etc. Although D7 ign Review Commenrts3Aoc Page 4I 2299 PEARL STREET, SUITE 100 , BOULDER, CO 80302 ■ 303- 440 -9200 f FAX 303- 449 - &91 1 „ jtwinston @winstonassociates.com • 40 Design Review Comments Middle Creek Affordable Housing- -Vail Winston Associates progress has already been made in many of these areas, there is still room for additional refinement. However, these are to a large degree aesthetic issues that can, and should, be worked out in greater detail and study with the applicant, staff and DRB once initial authorization to proceed has been given by the PEC. Design Review Cornmems3Aoc 2299 PEARL STREET, SUITE 100 , BOULDER, CO 80302 N Page 5 303- 440 -9206 . FAX 303- 449 -691 1 . jtwinstonc @winstonassociates.com 9 MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: September 23, 2002 SUBJECT: A request for a recommendation to the Vail Town Council of a proposed major amendment to Special Development District No. 4, Cascade Village, Development Area B, to amend the setback requirements as indicated on the approved development plan, located at Coldstream Condominiums, Unit #25, 1476 Westhaven Drive /Lot 53, Glen Lyon Subdivision. Applicant: James and Jane Kaufman, represented by Fritzlen Pierce Architects Planner: Allison Ochs I. SUMMARY The applicant, James and Jane Kaufman, represented by Fritzlen Pierce Architects, is requesting a major amendment to Special Development District No. 4, Cascade Village, Development Area B, to amend to the minimum setback requirement of 20 ft. Specifically, IDS the applicant is proposing to encroach 4.2 ft. into the required 20 ft. setback as indicated on the approved development plan for Coldstream Condominiums. Staff is recommending denial of the proposed amendment to Special Development District No. 4, subject to the criteria for review as outlined in Section IX of this memorandum. II. DESCRIPTION OF THE REQUEST Special Development District No. 4, Cascade Village, establishes the development standards for Development Area B, Coldstream Condominiums. Ordinance No. 23, Series of 1598, states the following setback requirement for Area B, Coldstream Condominiums: Required setbacks shall be as indicated on the development plan. The development plan indicates a setback of 20 ft. for the entire property. The applicants, James and Jane Kaufman, represented by Fritzlen Pierce Architects, are proposing a deviation to this requirement. The Kaufman residence is Unit 25 of Coldstream Condominiums. They are requesting an addition of approximately 158 sq. ft. The addition will partially enclose an existing deck and will encroach 4.2 ft, into the required 20 ft. setback. In addition, the deck above the proposed addition will be extended 2 ft., which will be 12 ft. into the required setback. The proposal adds approximately 26 sq. ft. of GRFA into the setback. Because the subject property is located within Special Development District No. 4, Cascade Village, the request is considered a major amendment to Special Development District No. 4, in accordance with Section 12- 9A -10, Vail Town Code. 1 TOWN OF PAIL BACKGROUND Is Special Development district No. 4, Cascade Village, was adopted by Ordinance No. 5, Series of 1976. Subsequent amendments occurred in 1977,1978, 1979,1982,1984,1986, 1988, 1989, 1990, 1991, 1993, 1995, 1998, and 1999. The subject property was a Planned Unit Development under Eagle County Jurisdiction when the property was annexed in 1975. Special Development District No. 4 includes the following: Area A Cascade Village Area B Coldstream Condominiums Area C Glen Lyon Primary /Secondary and Single Family Lots Area D Glen Lyon Commercial Site The entire Cascade Village site is approximately 97.5 acres. The identified public benefits of the Special Development District are: Creation of a `third village" and development of significant bed base has improved Vail's summer marketing potential, bike path and stream tract open to public, employee housing, CMC facility. Because the property was annexed into the Town of Vail as a Planned Unit Development under Eagle County jurisdiction, and because the early Special Development Districts were not based on an underlying zoning, there is no underlying zoning for Cascade Village. The uses and development standards for the entire property are as outlined in the adopting ordinance for Special Development District No. 4. !41 The construction of Phase I of Coldstream Condominiums was completed in 1979, and Phase 11 was completed in 1982. Both phases were completed under the existing Special Development District requirements. The 20 ft. setback is identified on the development plan and on the condominium plat. According to Town of Vail records, there are 45 units of approximately 67,000 sq. ft. of GRFA. In 1990, a major amendment to Special Development District No. 4, requesting GRFA to construct additional dwelling units, was denied by the Town Council. The Town Council denied the request, stating that the GRFA would only be allowed for the construction of employee housing units. According to Town of Vail records, no other amendments have been made for Coldstream Condominiums since the development plan was adopted in 1978. IV. ROLES OF THE REVIEING BODIES Special Development District and Major Amendment Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for impacts of use /development, then by the Design Review Board for compliance of proposed buildings and site planning, and final approval by the Town Council. Planning and Environmental Commission: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal for and make a SO 0 recommendation to the Town Council on the following: • Permitted, accessory, and conditional uses • Development standards including, lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking • Evaluation of design criteria as follows (as applicable): A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter , Vail Town Code. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. E. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off -site traffic circulation. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Design Review Board: The Design Review Board has no review authority on a Special Development District proposal, but must review any accompanying Design Review Board application. The Design Review Board review of a Special Development District prior to Town Council approval is purely advisory in nature. The Design Review Board is responsible for evaluating the Design Review Board proposal: • Architectural compatibility with other structures, the land and surroundings • Fitting buildings into landscape • Configuration of building and grading of a site which respects the topography • Removal /Preservation of trees and native vegetation • Adequate provision for snow storage on -site • Acceptability of building materials and colors • Acceptability of roof elements, eaves, overhangs, and other building forms • Provision of landscape and drainage • Provision of fencing, walls, and accessory structures • r. • Circulation and access to a site including parking, and site distances Ol • Location and design of satellite dishes • Provision of outdoor lighting • Compliance with the architectural design guidelines of the Lionshead Redevelopment Master Plan Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: The Town Council is responsible for final approval /denial of an amendment to a Special Development District. The Town Council shall review the proposal for the following: • Permitted, accessory, and conditional uses • Approval of development standards including, lot area, site dimensions, setbacks, height, density control, site coverages, landscaping and parking • Evaluation of design criteria as follows (as applicable): A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 10, Vail Town Code. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. E. Natural and /or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off -site traffic circulation. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. • V. APPLiCABLE PLANNING DOCUMENTS A. Town of Vail Zoning Regulations: Staff has reviewed the Town of Vail Zoning Regulations and believes the following sections are relevant to the review of this request: 12 -9A -1: PURPOSE: The purpose of the Special Development District is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan fora Special Development District, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District. The Special Development District does not apply to and is not available in the following zone districts: Hillside Residential, Single - Family, Duplex, Primary /Secondary. The elements of the development plan shall be as outlined in Section 12 -9A -6 of this Article. 12 -9A -2: DEFINITIONS: D9 MAJOR AMENDMENT (PEC AND /OR COUNCIL REVIEW): Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this Section), except as provided under Sections 12 -15 -4, "Interior Conversions', or 12 -15 -5, "Gross Residential FloorArea (250 Ordinance)" of this Title. UNDERLYING ZONE DISTRICT: The zone district existing on the property, or imposed on the property at the time the special development district is approved. The following Zone Districts are prohibited from special development districts being used: Hillside Residential, Single - Family, Duplex, Primary /Secondary. 12 -9A -6: DEVELOPMENT PLAN: An approved development plan is the principal document in guiding the development, uses and activities of a special development district. A development plan shall be approved by ordinance by the Town Council in conjunction with the review and approval of any special development district. The development plan shall be comprised of materials submitted in accordance with Section 12 -9A -5 of this Article. The development plan shall contain all relevant material and information necessary to establish the parameters with which the special development district shall develop. The development plan may consist of, but not be limited to, the approved site plan, floor plans, building sections and elevations, vicinity plan, parking plan, 1W preliminary open space /landscape plan, densities and permitted, conditional and accessory uses. 12 -9A -8. DESIGN CRITERIA: The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. a Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. E. z rd: Identification and mitigation tural And /Ur Geologic Ha of a 9 natural and /or geologic hazards that affect the property on which the special development district is proposed. F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. G. Traffic. A circulation system designed for both vehicles and pedestrians addressing on and off -site traffic circulation. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. 12 -9A -9: DEVELOPMENT STANDARDS: Development standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking shall be determined by the Town Council as part of the approved development plan with consideration of the recommendations of the Planning and Environmental Commission. Before the Town Council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the Town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in Section 12 -9A -8 of this Article. 12- 9A -10: AMENDMENT PROCEDURES: A. Minor Amendments: Minor modifications consistent with the design criteria outlined in subsection 12 -9A -2 (definition of "minor amendment ") of this Article, may be approved by the Department of Community Development. All minor modifications shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the Department of Community Development. 2. Notification of a proposed minor amendment and a report of staff action of said request, shall be provided to all property owners within or adjacent to the special development district that may be affected by the amendment. Affected properties shall be as determined by the Department of Community Development. Notifications shall be postmarked no later than five (5) days following staff action on the amendment request and shall include a brief statement describing the amendment and the time and date of when the Planning and Environmental Commission will be informed of the staff decision. In all cases the report to the Planning and Environmental Commission shall be made within twenty (20) days from the date of the staff's decision on the requested amendment. 3. Appeals of staff decisions may be filed by adjacent property owners, owners of property within the special development district, the applicant, Planning and Environmental Commission members or members of the Town Council as outlined in Section 12 -3 -3 of this Title. B. Major Amendments: Requests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in Section 12 -9A -4 of this Article. 2. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the special development district, and owners of all property within the special development district that may be affected by the proposed amendment (as determined by the Department of Community Development). Notification procedures shall be as outlined in subsection 12 -3 -6C of this Title. (Ord. 21(1988) § 1) B. Town of Vail Land Use Plan: Staff has reviewed the Town of Vail Land Use Plan and believes the following sections are relevant to the review of this request: Resort Accommodation and Service This area includes activities aimed at accommodating the overnight and short term visitor to the area. Primary uses include hotels, lodges, service stations, and parking structures (with densities up to 25 dwelling units or 50 accommodation units per buildable acre). These area are oriented toward vehicular access from 1 -70, with other support commercial and business services included. Also allowed in this category, would be institutional uses and various municipal uses. Hiah Density Residential The housing in this category would typically consist of multi - floored structures with densities exceeding 15 dwelling units per buildable acre. Other activities in this category would include private recreational facilities, oil and private parking facilities and institutional /public uses such as churches, fire stations and parks and open space facilities. 1.0 General Growth /Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. • M • 5.0 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 marketplace 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. VI. SITE ANALYSIS Zoning: Land Use Plan Designation Current Land Use: Development Standard Lot Area: Setbacks *: Front: Sides: Rear: Site Coverage: (Area B only) Landscape Area: (Area B only) Special Development District No. 4 Resort Accommodation and Service Mixed Use Allowed Existinci Proposed NIA 4,266,920 sq. ft. no change 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 15.8 ft. 20 ft. 20 ft. 20 ft. 60,984 sq.feet (35 %) 29,442 sq.feet (16 %) 29,604 sq.feet (16 %) 91,740 sq.feet (50 %) 98,406 sq.feet (54 %) 98,247 sq.feet (53 %) The adopting ordinance states that there shall be a minimum setback on the periphery of the property not less than 20 ft. VII. SURROUNDING LAND USES AND ZONING 401 Commercial /Residential HDMF Land Use Zonin North: Right -of -Way NIA South: Open Space (USFS) NIA East: Open Space (USFS) N/A West: Open Space OR Park and Open Space GU 401 Commercial /Residential HDMF VIII. THE SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT AND REVIEW PROCESS 0 Chapter 12 -9, Vail Town Code provides for the amendment of existing Special Development Districts in the Town of Vail. According to Section 12 -9A -1, Vail Town Code, the purpose of a Special Development District is as follows: To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the properties underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District. An approved development plan is the principal document in guiding the development, uses, and activities of the Special Development District. The development plan shall contain all relevant material and information necessary to establish the parameters with which the Special Development District shall adhere. The development plan may consist of, but not be limited to: the approved site plan; floor plans, building sections, and elevations: vicinity plan; parking plan; preliminary open space /landscape plan; densities; and permitted, conditional, and accessory uses. The determination of permitted, conditional and accessory uses shall be made by the Of Planning and Environmental Commission and Town Council as part of the formal review of the proposed development plan. ilr;nless further restricted through the review of the proposed Special Development District, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in the property's underlying zone district. The Town Code provides nine design criteria that shall be used as the principal criteria in evaluating the merits of the proposed major amendment to a Special Development District. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. IX. CRITERIA FOR REVIEW A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The applicant is proposing a 158 sq. ft. addition, located 4.2 ft. into the required 20 ft. setback. When Special Development District No. 4, Cascade Village, was established, the adopting ordinance required that a minimum 20 ft. setback be maintained from the periphery of the Special Development District. Staff believes that this 20 ft. setback must be maintained. The proposed addition is located adjacent to the Town of Vail {amore Creek 0 10 • stream tract. Staff believes that other opportunities exist which would allow the applicant to expand their unit without amending this setback requirement, including expanding to the south or minimizing the size of the expansion to the north. Staff believes that to maintain design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties, the 20 ft. setback requirement should not be amended. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The applicant is not proposing any changes to use, activity, or density (du /acre) which would impact the surrounding uses and activities. C. Compliance with parking and loading requirements as outlined in Chapter 12 -10 of the Vail Town Code. The parking and loading requirements do not change with this proposal. Therefore, the proposal complies with Chapter 12 -10 of the Vail Town Code. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan.. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the establishment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: 1.0 General Growth /Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1,12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. 5.0 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. 11 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 marketplace 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. The Town of Vail Land Use Plan designates Cascade Village as Resort Accommodations and Service. Coldstream Condominiums is designated as High Density Residential. Staff believes the uses and activities proposed are in compliance with the policies, goals, and objectives identified in the Vail Land Use Plan. E. Identification and mitigation of natural and /or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, the subject property is not located in any geologically sensitive areas. An Improvement Location Certificate has been provided, indicating that the proposed addition is not located within the 100 -year floodplain. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Special Development District No. 4, Cascade Village, establishes a minimum setback from the periphery of the Special Development District of 20 ft. Staff does not believe that it is appropriate to deviate from this requirement. The 20 ft. setback requirement was established to provide a functional development that is responsive and sensitive to natural features, vegetation, and overall aesthetic quality of the community. The applicant is arguing that because the Coldstream Condominium Association has recently adopted Design Guidelines to guide redevelopment of the Coldstream Condominiums, the encroachment into the setback should be allowed. However, the applicant has clearly stated that they did not consider setbacks as a determining factor in their plan for redevelopment. Staff believes the Vail Town Code, and the Special Development District in which the property is located, should be an integral part of any development plan for the site and does not believe that the Vail Town Code or the Special Development District should be disregarded. Staff does not believe that a deviation should be granted from this setback requirement. G. A circulation system designed for both vehicles and pedestrians addressing on and off -site traffic circulation. The proposed addition will have no impact on the vehicular and pedestrian circulation system. �il 12 0 H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. The proposed addition is located on an existing deck and therefore will have no impact on landscaping and open space. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The proposed addition will not involve phasing which would impact the remainder of the Special Development District. Therefore, staff does not believe that this criteria is relevant to this application. X. STAFF RECOMMENDATION The Community Development Department recommends that the Planning & Environmental Commission forward a recommendation of denial to the Vail Town Council of the proposed major amendment to Special Development District #4, Cascade Village, Development Area B, to amend the setback requirements as indicated on the approved development plan, located at Coldstream Condominiums, Unit #25,1476 Westhaven Drive /Lot 53, Glen Lyon Subdivision. The Staff's recommendation of denial is based upon the review of the criteria outlined in Section IX of this memorandum and the evidence presented. Should the Planning and Environmental Commission choose to forward a recommendation of denial of the applicant's request, staff recommends that the following findings be made as part of a motion: 1. That the applicant has not demonstrated compliance with the following standards: A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. B. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. 2. That a practical solution more consistent with the public interest is achievable, which would not require a major amendment to Special Development District No. 4, Cascade Village. Should the Planning and Environmental Commission choose to forward a recommendation of approval of this request, staff recommends the following finding be made as part of a motion: 1. That the applicant has demonstrated compliance with the following is 13 standards or has demonstrated that one or more of them is not applicable: 0 A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 10, Vail Town Code. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. E. Natural and /or Geologic Hazard: Identification and mitigation of natural and /or geologic hazards that affect the property on which the special development district is proposed. F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. G. Traffic: A circulation system designed for both vehicles and oil pedestrians addressing on and off -site traffic circulation. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special developri,ent district. If the Planning and Environmental Commission chooses to recommend approval of this request, staff recommends the following condition of approval: 1. The applicant shall submit a revised Development Plan for Area B. Cascade Village, which shall indicate that the revised setback along the northwest property line shall be amended from 20 ft. to 15 ft., prior to the Town Council's first reading of an Ordinance amending the setback requirements of Special Development District No. 4. XI. ATTACHMENTS A_ Reductions of plans B. Adjacent Notification fe 14 v G. Applicant's statement D. Vicinity Map E. Ordinance No. 5, Series of 1976 F. Ordinance No. 23, Series of 1998 15 Attachment: A Improvement Locations Legal description: Fart of Unit 25, Coldstream Condominiums - Phase 11, according to the plat approved by the Town of Vail on February 22, 1980, Eagle County, Colorado. I hereby certify that the improvement Locations shown are based upon field measurements by me and the data shown on said approved condominium map of Coldstream Condominiums. The Gore Creek locations and 100 year flood plain are based upon field measurements and the FEMAA Flood Boundary and Fkiodway Map Community -panel No. 080054 0002 dated May 2, 1983. ,�M.*...a.rrrr. pp.. BEt.......... Date Leland )yechner- Pta,23606: = ZOO c, �.•- is x� Stream Tract / r J a g� G.G.E / 3 existing deck 22.9' _ r "-%\t `1y � �I /J Proposed Enclosure Unit 25 1 ST Floor Unit 26 elev.=F1004.2 N Unit 24 W E S 4MtftA* ].eland Uchner PIS 30446 County Rd. 356, Buena Vista, Co. 81211 ( 719 ( 395 -9160 010 • • ro, 0 d FAX NO. : 95225$02394-+ Jul. ?'b X= "0. 18PM P3 _r VAI L CASCADE rccsrs�•,, Or" iE}GC� COWS t` l � North w�vu \3 47yr F r ~ " � �W pf �. 'N talfcwing condominlurrri h0w't PrNatt g8rages: 7. 3.9.14. Z5, 17. 98. 9±1.213.21, 22.23, 24. ZS. 26.4a. 41, 42, 44.45 The nEmafzing cgndGrtliPiu+r3 haVe CgvttBa parmnq w° SWt4 as d®sionwel an Olt- map. (NOW. 046 hag hC' -l1 5 garage ar.4 COvcT&d paywn.) d`5* Coldstream Condominiums (970) 476 -6106 nPA 9. I7A.A 1G Pi I�Ibl IOTA L109111611 1 1 I �r 4 i 1 7 1 t { 1, f 1 w,J c 1,71 7A(17 'CA 19n6nW 'APnXIE4` sferic. Irl •0i JOR PW .-Wan Pot- awnn MUP V4, - vd;" 9,JPMW. "D VA C46vk lemst • Od • M0 L� �y- •.J.� -�V mow+++'_ -� F Y' t t= a . _:. -y r- � m...� .3 r � � f e:`.' ,� a .A p�,b- 'S.•i7�..,,1 .y—�.. i• _ _ _ - -- �sfb�_ •- �e -��1r �� '�c� � � p" � h -'r� � I � '_"+1T� %�y +-i,fi RF � 73, J ti• ..Y � � �,�7' Ct I �.f...:'S .y �f'F� Z+ 3 '�. ,�;' FRITZLEN PIERCE Kaufman Residence 07.1 0.02 so* Attachment: B Lynn €'ritzier: Atrt, Arrttirer:t F R! TZ L E N PIERCE William F. Pi�:rce, Arc_ItileCt Thomas R. Dtr Bois, Architect VAIL, COLORADO Stephanie Lord- luhn%on, ArchiLec r David Baum, Architect Kant Hesttnga, Business Manager Eagle Pointe Condominiums 1500 Matterhorn Drive Points of Colorado c/o V -BCRP PO Box 36 Avon, CO 81620 Vail Park Meadows 1472 Matterhorn Drive Eldorado Reality 5291 E. Yale Ave, Denver, CO +84222 Millrace Phase Ill 1335 Westhaven Drive Flower, Michael G. 25011 Catherine Way Dana Point, CA. 92629 *Lot 52, 1415 Westhaven Drive, single owner of both units. Miller, Gary E 233 S. Warson Rd 5t. Louis, MO 63124 Millrace Phase I do Don MacLachlan 1476 Westhaven Drive, Vail, CO 81657 Town of Vail 75 South Frontage Rd, Vail, CO 81657 *Information gathered from Eagle County Assessors' Office on 08/22/02 by Charles Harrison REST COO I' PAILABLE FRITZLEN 16513 East VaiI Valley 136v e, Fa ilricik-.1 C 'i, P I E R C E Vail, Calar, do 111057 F: 970. 476.4%. " E; ii�lrxvailarcritrc.rt,rn - R =�� -t = -• ww+,�v.�eilstreEtiteel�.;:eJ�ts THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12 -3 -6 of the Municipal Code of the Town of Vail on September 23, 2002, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a worksession to discuss a proposed major exterior alteration; a conditional use permit to allow for a fractional fee club in the Public Accommodation zone district; a variance from Section 12 -7A -2 (Permitted Uses), Vail Town Code, to allow for retail uses in excess of 10% of the total gross residential floor area of the structure; and a variance from Section 12 -7A- 10 (Landscaping & Site Development), Vail Town Code, to allow for a deviation from the total landscape area requirement, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive /Lots K & L, Block 5E, Vail Village 1St Filing. Applicant: Sonnenalp Properties, Inc., represented by Braun Associates, Inc. Planner: George Ruther/\Narren Campbell . request for a recommendation to the Vail Town Council of a proposed major amendment to Special Development District No. 4, Cascade Village, Development Area B, to amend the etback requirements as indicated on the approved development plan, located at Coldstream Condominiums, Unit # 25, 1476 Westhaven Drive /Lot 53, Glen Lyon Subdivision. Applicant: James and .lane Kaufman, represented by Fritzlen Pierce Architects Planner: Allison Ochs A request for a final review of a final plat of Lots 11 and 12, Block 2, Vail Village 12th Filing, and Tract C, Block 1, Vail Village 12th Filing, located at 3160 N. Frontage Road East and 3010 N. Frontage Road East and setting forth details in regards thereto. Applicant: Vail Mountain School, represented by Braun Associates, Inc. Planner: Russ Forrest A request for a recommendation to the Vail Town Council, to allow for text amendments to Title 11, Sign Regulations, Vail Town Code, and setting forth details in regards thereto. Applicant: Town of Vail Planner: Russell Forrest A request for a final review of a final plat for a major subdivision; a request for a final review of a conditional use permit to allow for a private educational institution and development plan approval to construct employee housing; and setting forth details in regards thereto, located at the site known as "Mountain Bell " /an unplatted piece of property, located at 160 N. Frontage Rd. /to be platted as Middle Creek Subdivision. A full metes and bounds description is available at the Community Development Department. Applicant: Vail Local Housing Authority, represented by Odell Architects Planner: Allison Ochs The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road_ The public is invited to attend project orientation ` y and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 479 -2138 for information. TOWN *YAILL vklllianl F. I'k:r(re, ^rc:hitkx.t Th,:•rmas R. Dtt Bois. Arehitec:t Stephanie lo,d j,Inson, Arch =Ee€.L Da%id Baum, Ardiitect KXhy 1-10- iing,:a, liusin(hib -. iana Ar August 23, 2002 Allison Ochs, Planner Town of Vail Department of Community Development 75 Vail Road Vail, CO 81657 RE: Kaufman Residence Unit 25, Coldstream Condominium Application for Major Amendment to SDD FRITZLEN PIERCE ARCHITECTS VAIL, COLORADO Attachment: C Allison, Attached are: Application for Review by the Planning Commission for the above referenced Property Check for $1250 (per our discussions) Stamped, addressed envelopes and a list of adjacent owners Title Report Approval Letter from Coldstream Condominium Association Four copies of Improvement Location Certificate (1 " =20% plus one reduced copy Vicinity Plan Four Copies of Floor Plan indicating Existing and Proposed Addition Four Copies of photo of existing condition Four Copies of photo overlay indicating proposed addition Please accept the following material in support of the Application: 1. The Owner proposes to expand the lower level of an existing Condominium onto a portion of a LCE deck. 2. The proposed addition is below an existing deck, which is also covered. 3. A portion of the proposed addition encroaches into the Developer established SDD setback as indicated on the enclosed ILC. 4. The area of the proposed encroachment is about 25 sq. ft. in a triangular shape. 5. Although the proposed addition is situated along Gore Creek, the setback from the stream centerline is about 78 ft. 6. The Owner has the option of claiming a small portion of the approximate 1100 sq. ft. of GRFA available in the Coldstream SDD or applying for a 250 sq. ft. addition for the proposed construction. 7. In that the addition is on an existing deck, there is no modification to existing landscape. 8. The height of the addition is less than 10 ft. 9. There is not effect on sun /shade in that the area is already covered by a deck and roof above. 10. There is no additional parking required for the addition. 11. The addition should not require an Environmental Impact Report due to it's insignificant size. FRITZLEN '1650 East Va'11 Valley Divt. rallrkdee P I E R c€ Vail, (.ohradn f ;l l} P: 1170.476J)342 I': N? kY' r( �� .'V�tit.3ri:;'litt:rta:.t's ^tT3 ^' ° °" • t .. , Lynn rle Architec llan F. Pierce, Architect FRITZLEN PIERCE ARCHITECTS Thomas R. Du Bois, Architect VAIL, COLORADO Stephanie Lorca- Johnson, Architect David Baum, Architect a, Business M EM LY Date: 9/13/02 To: Jim Kaufman From:. Lynn Fritzlen Subject- Review of Setback Variance Request Coldstream #25 CC: Bill Pierce This memo serves to articulate our position on the Request for a Major Amendment to the Cascade Village Special Development District. Pertinent Documents 1 . Coldstream Condominium Plat Phase I dated December 31, 20012 2. Coldstream Condominium Plat Phase II dated March 3, 1980 3. Improvement Location Survey of proposed Additions to Unit #25 prepared by Leland Lech ner licensed Surveyor dated: 8/13/02 4. Title Commitment by Alta for Coldstream Unit #25. 5. Arhitectural Plans and Elevations of Proposed Addition 6. Letter of Approval from the Coldstream Condominium Association by Don McLauglin General Manager 7. Photos of development of adjacent properties located on the stream. 8. Town of Vail Criteria and Findings for a Variance 1. Description of Request: A minor addition to Coldstream #25 of 87 square feet at the first level under an existing deck. Approximately 26 square feet encroaches into the rear setback. The proposed addition utilizes available site coverage and GRFA. Addition is within height restrictions and has the support of the association, 2. Type of Request FIiIE R C E 1650 East Vail ValIev Drive, Fallrioge C -1, VaiE, Colorado 8165 7 F: 970.476.6342 F: 970.476.4901 Ei inio'Lvailarc.hitects.rom wk Y, w.vai I arch i tects.cora C: 'Windows ;TUMR Menlo ro the 'o:vn of vail.cioc • FRITZLEN PIERCE ARCHITECTS VAIL, COLORADO The Town has determined that the encroachment into the rear setback requires a major amendment to the Cascade Village Special Development District. 3. Coldstream Condominiums General Coldstream Condominiums has been a successful townhome project that has a mix of second home - owners and permanent residents. Recently Coldstream has undertaken numerous repairs and improvements to their property to maintain their reputation as a quality, desirable multi- family residential complex. 3. Coldstream Remaining Development Potential Coldstream development has available GRFA associated with its underlying zoning as well as the potential to utilize the "250 Addition" allowance. It also has available site coverage. Total build out under current zoning is significant. The Coldstream Condominium Association is attempting to address this potential creatively and responsibly. The association has acknowledged that there is a desire on the part of individual owners to improve and make minor additions to their units. Therefore they have recently developed guidelines to address this potential. 6. Response to Variance Criteria Following is the portion of the Town of Vail Code that addresses deviation from the underlying zone district standards 12 -9A -9: DEVELOPMENT STANDARDS: Development standards including lot area, site dimensions, setbacks, height, density control, site coverages, landscaping and parking shall be determined by the Town Council as part of the approved development plan with consideration of the recommendations of the Planning and Environmental Commission. Before the Town Council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the Town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in Section 12 -9A -8 of this Article. (Ord. 2 T (1988) § 1) FRITZLEN 1650 East Vail Valley Drive, Fallricicge C- I. PIERCE Vall, Coloracd 81657 P: 970,476.6^342 F: 970.4 76.4 90 I " E: ir,`oc'vaiIarch1LeCts.corn mv;wwallarchitects.com FRITZLEN PIERCE ARCHITECTS VAIL, COLORADO 7. Response to Design Criteria Outlined in Section 12 -9A -8 A. Compatibility - Impact of 'Encroachment on Adjacent Properties to the North of Coldstream. The Coldstream Property line sits back 50' from the center of the stream. Neighboring properties to the east and west have properties lines in the center of the creek and development has occurred within 30' of the creek centerline. Coldstream sits back a minimum of 70' from the stream center line. Impact on neighboring properties of the rear property line will be negligible. Please refer to photos attached. B. Relationship to Surrounding Uses - Coldstream is not proposing a change in use as part of this application. C. Parking and Loading - Parking and Loading are located on the entrance side of the units and is not impacted by the addition. The recently adopted Coldstream Design Guidelines discourage additions and improvements into vehicle parking and circulation areas. D. Comprehensive Plan - The Association has recently adopted the Coldstream. Design Guidelines to address future development. Please look for our link at vai]architects.corn under Portfolio /Mixed Used Projects to review the standards. This is one of the first associations in the Vail Valley to take a proactive step to address future development of individual units. The goal of the new Coldstream Design guidelines is to encourage additions that match the proportions of the existing building envelope or infill areas already covered by roofs or decks. The purpose is to maintain the current architectural aesthetic and minimize impact on neighboring properties or vehicular and pedestrian access to entries. Additions to the sides or to the entry elevation will potentially have the highest impacts on neighboring units in the Coldstream complex. The rear portions of the buildings, adjacent to the stream, have been identified as the most desirable area to develop. It is not the goal of the association or the original SDD approval to allow the extent of development to be solely determined by setbacks. E. Natural or Geologic Hazard - No part of the Coldstream property sits in a hazard area or stream setback. FRI RLc e 1650 East Vaii Valley Drive, Fabricice C. -I. VEW, Colorado 81657 P. 970.4 76.6 3, 2 F- 970.476. 901 „ E': irifug,vai larch itec:ts.corrt wmV.vai4architec s.corn • 0" • FRITZLEN PIERCE ARCHITECTS VAIL, COLORADO F. Design Features - see item C. The majority of the units at Coldstream are set back from the property line in excess of 20' but there are several building corners that touch the property line. Coldstream Unit #25 is one of those units that touch. Refer to Condominium Plat. G. Traffic - see Item B H. Landscaping - A landscape plan will be addressed in the Design Review Board submittal. I. Workable Plan and Phasing - The Coldstream Phasing Plan has been completed and no future phase is being contemplated or encouraged by the Association. 7. Conclusions and Recommendations In conclusion we are proposing that there is a mutual benefit to the Coldstream Condominium Association as well as the neighboring properties to thoughtfully and creatively direct development of additions and alterations of Coldstream Condominiums. The applicant and the Coldstream Condominium Association are recommending approval of minor encroachments in the rear setback contingent upon the following: 1. The encroachment utilizes approved GRFA, density and site coverage only. Applications proposing to exceed approved development standards will not qualify. 2. The addition is consistent with the adopted Coldstream Design Guidelines. 3. The area of encroachment does not exceed 104 square feet and does not encroach into platted or prescriptive easements. FRITZLEN PIERCE 1650 East WiI Val Iey Drive, Fadirk'10( C--1 . Vail, Colorado 81657 P )70.-17ti.6342 1-. 970,476.4901 vK'�fi%4Y�. -�%R�I G�i GhIIC�'L �.�'•�t3 r'� a+ t c� ea Q C� Cl) O$ � c M� W IJ V .F; y-+ C .V (f} • Attachment: F ORDINANCE NO. 23 SERIES OF 1998 AN ORDINANCE AMENDING ORDINANCE NO. 8, SERIES OF 1995, REVISING GROSS RESIDENTIAL FLOOR AREA (GRFA), BUILDING HEIGHT REQUIREMENTS, AND EMPLOYEE HOUSING PROVISIONS FOR LOTS 39 -1 AND 39 -2, GLEN LYON SUBDIVISION, DEVELOPMENT AREA C, SDD NO. 4 (CASCADE VILLAGE); REPEALING RESOLUTION NO. 10, SERIES OF 1982, WHICH PROVIDES SPECIAL PROVISIONS FOR LOTS 39 -1 AND 39 -2, GLEN LYON SUBDIVISION; DELETING OUTDATED CONDITIONS AND REFERENCES TO EXPIRED DEVELOPMENT PLANS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Hagopian and Pennington, LLC, has requested an amendment to the existing Special Development District No, 4, Development Area C, Lots 39 -1 and 39 -2, Glen Lyon Subdivision; and WHEREAS, the Planning and Environmental Commission has unanimously recommended approval of the proposed building height, GRFA, and Employee Housing Unit restrictions for Lots 39 -1 and 39 -2; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to amend Ordinance No. 8, Series of 1995 and repeal Resolution No. 10, Series of 1982 to provide for such changes in Special Development District No. 4, Cascade Village. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 8, Series of 1995, is Hereby amended as follows: Section 1. Resolution No. 10, Series of 1982, Is hereby repealed, Section 2_ Amendment Procedures Fulfilled, planning Commission Report. The approval procedures described in Section 12 -9A of the Vail Municipal Code have been fulfilled, and the Town Council has received the recommendations of the Planning and Environmental Commission for an amendment to the development plan for Special Development District No. 4. Ordinance 23, Series of 1998 Section 3. Special Development District No. 4 Special Development District No. 4 and the development plans therefore, are hereby remain approved for the development cf Special Development District No. 4 within the Town of Vail, unless they have expired. Section 4. Special Development District No. 4, Cascade Village shall read as follows: Purpose Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Town of Vail Comprehensive Flan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. B. "Transient residential dwelling unit or restricted dwelling unit' shall be defined as a dwelling unit located in a multi - family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants thereof customary hotel services and facslities, A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a 'kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or a transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in Section 13 -7 Condominiums and Condominium Conversions, Subdivision Regulations. The unit shall not be used as a permanent residence. Fractional • 2 Ordinance 23, Series of 1998 fee ownership shall not be allowed to be applied to transient dwelling units. For the ispurposes of determining allowable density per acre, transient residential dwelling units shalt be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. Establisher! • A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 acres as more particularly described in the attached Exhibit A. Special Development District No. 4 and the 97.955 acres may be referred to as "SDD No. 4.@ B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Cascade Village Coldstream Condominiums Glen Lyon Primary/Secondary and Single Family Lots Glen Lyon Commercial Site Dedicated Open Space Roads TOTAL Development Area Acreage A 17.955 B 4.000 C 9.100 D 1.800 40.400 4.700 97.955 Development Flan -- Required — Approval Procedure Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council, The Waterford and Cornerstone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply Section 12 -9A of the Municipal Code. 0 3 Ordinance 23,. series of 1998 Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses Fisted in Section 12 -7B -3, (Commercial Core 1), of the Municipal Code. The "first floor" or "street level" shalt be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant, and office except that no professional or business office shall be located on street level or first floor (as defined above) unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building; 3. Lodge; 4. Multi- family dwelling; 5 . Single Family dwelling; 6. Primary/Secondary dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 12 -13 of the Municipal Code; 9. Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldstream Condominiums 1. Two - family dwelling; 2. Multi- family dwelling. C. Area C, Glen Lyon Prima rylSeccndary and Single - Family Lots 1. Single family dwelling; 2. Two - family dwelling. 3. Type II Employee Housing Unit (EHU) per Chapter 12 -13, of the Municipal Code. D. Area D. Glen Lyon Commercial Site 1. Business and professional offices: 2. Employee dwelling as defined in Section 12 -13 of the Municipal Code. r1 4 Ordinance 23, Series of 1998 Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12 -16 of the Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Fractional fee ownership as defined in the Town of Vail Municipal Code, Section 12 -2 shall be a conditional use for dwelling units in the Westhaven multi - family dwellings. Fractional fee ownership shall not be applied to restricted employee dwelling units or transient residential dwelling units. Ownership intervals shall not be less than five weeks. 3. Special attraction; 4. Ski lifts; 5. Public park and recreational facilities, 6. Major arcades with no frontage on any public way, street, walkway or mall area. B. Area B, Coldstream Condominiums t. Public park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Primary /Secondary and Single- Famiiy Lots 1. Public park and recreational facilities; 2. Ski lifts; D. Area D, Glen Lyon Commercial Site 1, Micro- brewery as defined in Town of Vail Municipal code, Chapter 12 -2. Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. • 5 Ordinance 23, Series of 1998 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, or other recreational facilities 0 patios, customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. B. Area B, Coldstream Condominiums I . Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tenni courts, patios, or other recreational facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. C. Area C. Glen Lyon Primary/Secondary and Single - Family Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance the Title with provisions of 12, Zoning Regulations, Town of Vail .. Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses_ 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D, Glen Lyon Commercial Site 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreation@[ facilities customarily incidental to permitted residential uses. • 6 Ordinance 23, Series of 1998 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. Location of Business Activity A. All offices, businesses, and shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. 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. Density -- Dwelling Units The number of dwelling units shall not exceed the following; A. Area A, Cascade Village In Area A, a minimum of three hundred fifty -two (352) accommodation or transient dwelling units and a maximum of ninety -four dwelling units as defined by the tables in Section 18.46.103 for a total density of two hundred seventy (270) dwelling units. B. Area B, Coldstream Condominiums Sixty -five (65) dwelling units C. Area C, Glen Lyon Primary/Secondary and Single- Family Lots One- hundred four (104) dwelling units. D. Area D, Glen Lyon Commercial Site Three dwelling units, two of which shall be employee dwelling units as defined Chapter 12 -13, of the Municipal Code . Density - -Floor Area A. Area A, Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed 289,145 square feet. B. Area B, Coldstream Condominiums Sixty -five thousand square feet (65,600 sq. ft.) GRFA. 7 Ordinance 23, Series of 1998 C. Area C, Glen Lyon Primary/Secondary and Single - Family Lots GRFA shall be calculated for each lot per Section 12 -6D-,8 (Density Control) for the Primary/Secondary district of the Town of Vail municipal code. D. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Commercial Square Footage A. Area A, Cascade Village Area A shall not exceed 35,698 square feet of commercial area, B. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Development Statistics for Area A. Cascade Village, and Area D, Glen Lyon commercial Site CHART 1. Area A Completed Projects • Ordinance 23, Series of 1998 8 • � -/0 0 Office parking requirements. —For the purposes of calculating GRFA for the Cwgriff parcel (Millrace IV), no credits shalt be given except for 300 s.f. to be allowed for each enclosed parking space. Ordinance 23, Series of 1998 9 LIFTSIDE (WATERFORD) Units 27 56 Employee Units 2 ttoo 2 TOTALS 27 47.580 58 mm MEE Cascade Club Addition Wellness Center 4.500 22.5 11 -Ms. i9m Plaza Office— 925 .7 mm-1; mm-1 449.9 TOTALS 288 AU 76 DU 239,680 24.698 129 (includes 2 EHUSI "Plaza Space has already been counted ior a retail harking requirement. The new parking requirernent is based on the difference between the ral it and Office parking requirements. —For the purposes of calculating GRFA for the Cwgriff parcel (Millrace IV), no credits shalt be given except for 300 s.f. to be allowed for each enclosed parking space. Ordinance 23, Series of 1998 9 CHART 2: AREA A REQUIRED PARKING Parking for Completed Projects per Chart 1 Parking Spaces in 449.9 Cascade Parking Structure Less 17.5% Mixed -Use Credit -78.7 Total Required Parking at Build -Out of Area A in Cascade Structure 371.2 Existing Parking in Cascade Structure 421.0 Required Parking in Cascade Structure at Build -Out of Area A With 17.5% mixed -use credit 371.2 Development Plans Site specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the development plan for the SDD as a whole, Waterford, Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace IV, and Area D -Glen Lyon Commercial Site and is not all inclusive: 1. Waterford, Sheet #L -2, dated 11- 12 -92, Landscape Plan, Dennis Anderson, 2, Waterford, Sheet #1.1, dated 11- 13 -92, Site /Grading Plan Gwathmey, Pratt, Schultz. 3. Waterford, Sheet #2.1, dated 11- 13 -92, Plan Level 38143' 3 ", Gwathmey, Pratt, Schultz. 4. Waterford, Sheet #2.2, dated 11- 13 -92, Plan Level 48'- 6 "/53' -0", Gwathmey, Pratt, Schultz. 5. Waterford, Sheet #2.3, dated 11 -13 -92 Plan Level 59'- 0:164' -3" by Gwathmey, Pratt, Schultz. 6. Waterford, Sheet #2.4, dated 11 -4 -92, Plan Level 69'- 6'174' -9 ", Gwathmey, Pratt; Schultz, 7. Waterford, Sheet #2.5, dated 11- 13 -92, Plan Level 80' -0 "185' -3" Gwathmey, Pratt, Schultz, 8, Waterford, Sheet #2.6, dated 11- 13 -92, Plan Level 90' -6" Gwathmey, Pratt, Schultz. 9. Waterford, Sheet #2.7, dated 11- 13 -92, Plan Level 101' -0" Gwathmey, Pratt, Schultz. r 10 Ordinance 23, Series of M8 • • 10. Waterford, Sheet #2.8, dated 11- 13 -92, Plan Level 111' -6" Gwathmey, Pratt, Schultz. 11. Waterford, Sheet #2.9, dated 11- 13 -92, Plan Level 122' -0" Gwathmey, Pratt, Schultz_ 12. Waterford, Sheet #2.10, dated 12- 14 -92, Roof Plan All Levels Gwathmey, Pratt, Schultz. 13. Waterford, Sheet #3.1, dated 11- 13 -92, Elevations Gwathmey, Pratt, Schultz_ 14. Waterford, Sheet #3.2, dated 11- 13 -92, Elevations, Gwathmey, Pratt, Schultz. 15. Waterford, Sheet #4.1, dated 11 -4 -92, Sections Gwathmey, Pratt, Schultz. 16. Waterford, Sheet #4.2, dated 11 -4-92, Sections, Gwathmey, Pratt, Schultz. 17. Waterford, Sheet #4.3, dated 11 -4 -92, Sections, Gwathmey, Pratt, Schultz. 18. Waterford, Sheet #9.1, dated 10- 20 -92, Unit Plans Gwathmey, Pratt, Schultz. 19. Waterford, Sheet #9.2, dated 10- 20 -92, Unit Plans, Gwathmey, Pratt, Schultz. 20. Waterford, Sheet #93, dated 10- 20 -92, Unit Plans Gwathmey, Pratt, Schultz. 21. Waterford, Sheet #9.4, dated 10- 20 -92, Unit. Plans, Gwathmey, Pratt, Schultz. 21 Waterford, Sheet #9.5, dated 10- 20 -92, Unit Plans Gwathmey, Pratt, Schultz. 21 Cascade Club Addition Site Plan, Roma, 10110/88. 24. Cascade Club Floor Plan, Roma, 10110188. 25, Millrace III, Sheet #1, dated 516193, Site Plan, Steven James Riden_ 26. Millrace III, Sheet #2, dated 4113/93, Floor Plans for Single Family Residence, Steven James Riden, 27. Millrace III, Sheet #3, dated 516193, Elevations for Single Family Residence, Steven James Riden. 28. Millrace III, Sheets 44 and #5, dated 3120/93, Floor Plans for Duplex Building, Steven James Riden. 29_ Millrace 111, Sheets #6 and #7, dated 516/93, Elevations for Duplex Building, Steven James Riden. 30. Millrace III, Sheet L1, dated 5/6193, Site /Landscape Plan, Steven James Riden. 31. Millrace IV, Scenario 1, a /k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 10/23,191. 32. Millrace IV, Scenario I, a /k/a Cosgriff Parcel, Elevations. Arnold Gwathmey Pratt, 10/22/91- 33. Millrace IV, Scenario 1, a /k/a Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt, 10/23/91. 34. , Millrace IV, Scenario 1, a /k/a Cosgriff Parcel, Landscape Plan, Dennis Anderson Associates. 35, Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31191 stamped. 36. Surrey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8187. 37. Site Coverage Analysis, Eagle Valley Engineering, 10/10188. ordinance 23, Serves of 1998 11 38. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter JamarAssociates, Inc., revised 11122188. A maximum of 1000 sq. ft. of common area, in addition to the approved plans, may be added to the Waterford project to allow for compliance with the Uniform Building Code, Uniform Fire Code and American Disabilities Act. The staff shall review all such additions to ensure that they are required by such codes. Area C, Glen Lyon PrimarylSecondary and Single Family Lots 1. Building Envelopes for Lots 39 -1 and 39 -2 per sheet, L -1, prepared by Design Workshop, Inc., dated 11 -9 -98, Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Development Standards The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. Setbacks A. Area A, Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure /athletic club building shall be two feet as approved on February 8, 1982, by the Planning and Environmental Commission. All buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C, Glen Lyon Primary/Secondary and Single- Family Lots Required setbacks shall be governed by Section 12 -6D -7 of the PrimarylSecondary zone district of the Town of Vail Municipal Code. For single- family Lots 39 -1 and 39 -2, development shall occur per the approved building envelopes and is subject to the following: All future development will be restricted to the area within the building envelopes. The only development permitted outside the building envelopes shall be landscaping, driveways (access bridge) and retaining walls associated with driveway construction. At -grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than • 12 ordinance 23. Series of 1998 0 ten feet (10') nor more than one -half (2) the distance between the building envelope and the property line, or may project not more than five feet (5) nor more than one -fourth (3) the minimum required dimension between buildings. D. Area D. Glen Lyon Commercial Site Required setbacks shall be as indicated on the approved development plans. Height A. For the purposes of SDD No, 4 calculations of height, height shaft mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings. B. Area A, Cascade Village 1. The maximum height for the Westin Hotel, CIVIC Leaming Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure /Athletic Club is 71 feet. 2. Cornerstone Building: Maximum height of 71 feet. 3. Waterford Building: Maximum height of feet as measured from finished grade to any portion of the roof along the north elevation shall be 55' (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet along the south and east elevation as measured from finished grade. 4. Westhaven Building: A maximum of 55 feet. 5. Millrace III: A maximum of 36 feet. 6. Millrace IV: A maximum of 36 feet. 7. Cascade Club Addition: A maximum of 26 feet, a. Cascade Entry Tewer: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lyon Primary/Secondary and Single- Family Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E. Area D. Glen Lyon Commercial Site 51 % of the roof shall have a height between 32 and 40 feet. 49% of the roof area shall have a height under 32 feet. On the perimeter of the building for Area D, height is measured from finished grade up to any point of the roof. On the interior area of any building, height is measured from existing grade up to the highest point of the roof. Development plan drawings shall constitute the height allowances for Area D. Ordinance 23, Series of 1998 13 Site Coverage Areas A & B: No more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 45% of the area may be covered unless otherwise indicated on the site specific development plans. Area C: No more than 250/. of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 12 -21 of the Veit Municipal Code apply. Area D: No more than 37 % of the total site area shall be covered by buildings and the parking structure. Landscaping At least the fallowing percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate, Areas A and B, fifty percent, and in Areas C and D, sixty percent (60 %), of the area shall be landscaped unless otherwise indicated on the site specific development plans. Parking and Loading A_ Area A, Cascade Village 1. Off- street parking shall be provided in accordance with Chapter 12 -10, except that 75% of the required parking in Area A shall be located within a parking structure or buildings with the exception of Millrace IV, Scenario I, where 66.6 % of required parking shall be enclosed in a building. - 2. There shall be a total of 421 spaces in the main Cascade Club parking structure. A 17.5 percent mixed -use credit per the Town of Vail parking code, has been applied to the total number of required parking spaces in the Cascade structure. 3. There shall be a total of 58 on -site parking spaces on the Waterford building site with a minimum of 75% of the required space located below grade. No mixed use credit shall be applied to this site. 4. There shall be a minimum of 93 enclosed parking spaces located within the Cornerstone building with 37 of the required spaces available to the public for short -term parking. No mixed use credit has been applied to this lot. 5. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 6. Phasing: All required parking for Cornerstone and Waterford shall be located on their respective sites. All required parking for the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade parking structure. 14 Ordinance 23, Series of 1998 7. Seventy -five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Westhaven Condominiums, and Millrace III. 8. Ail loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percent of the required parking shall he located within the maln building or buildings and hidden from public view from adjoining properties within a landscaped berm. Area C, Glen Lyon Primary /Secondary and Single - Family Lots Off- street parking shall be provided in accordance with Chapter 12 -10 of the Municipal Code. D. Area D, Glen Lyon Commercial Site 7. Once the parking structure is constructed, the parking and access to Area D shall be managed per the TDA Parking Report, Parking Management Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy, 8.` No loading or delivery of goods shall be allowed on the public right -o€ -way along the South Frontage Road adjacent to the Area D development. 9. The owner of the property and brewery management shall prohibit semi -truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading that shall be allowed to the site shall be vans having a maximum length of 22 feet. Recreation Amenities 'Tax Assessed The recreational amenities tax due for the development within SDD No. 4 under Chapter 3.20 shall be assessed at a rate not to exceed twenty -five cents per square foot of the floor area in Development Area A; and at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy -five cents per square foot of floor area in Development Area D; and z;h ill be paid in conjunction with each construction phase prior to the issuance of building permits, Conservation and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. C. The number of fireplaces permitted shall be as set forth in the Town of Vail Municipal as amended. D. If fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. 15 Ordinance 23, Serves of 1996 E. All water features within Development Area A shall have overflow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. G. In Area D, a manhole on the brewery service line shall be provided so that the Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength.. H. In Area D. the brewery management shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. I. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and D. K. The two employee dwelling units in Area D shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing fireplaces. Additional Amenities and Approval Agreements for Special Development District No. d. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the development to the Village Core area and Lionshead area as outlined in the approved development plan. B. Area A, Cascade Village 1. The developer shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Park. The walk shall be constructed when a building permit is requested for Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for Westhaven Condominiums, 2. The developer shall provide 140 -year floodplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released for either project. 3. Cornerstone The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. 4. The Ruins / Westhaven Condominiums The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. • 16 Ordinance 23, Series of 1995 C. Area D, Glen Lyon Commercial Site. The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Employee Housing The development of SDD No. 4 will have impacts on available employee housing within the Lipper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and D shall provide employee housing on site. The developer(s) of Area A shall build a minimum of 17 employee dwelling units within Area A Westhaven Condominium building (Ruins), 3 within the Cornerstone Building and 2 within the Liftside (Waterford Building). Each employee dwelling unit in the Westhaven Condominium Building (Ruins) shall be deed restricted as a Type III EHU. Each employee unit in the Cornerstone Building shall have a minimum square footage of 600 square feet. There shall be a total of 2 employee dwelling units in the Waterford Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Area D one employee dwelling unit shall have a minimum GRFA of 795 square feet and the second employee dwelling unit shall have a minimum GRFA of 900 square feet. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD No. 4. All Employee Housing Units shall be deed restricted per Chapter 12.13, as amended, of the Vail Municipal Code prior to issuance of building permits for the respective project. in Area C, Lots 39 -1 and 39 -2, shall be required to provide a Type ll, Employee Housing Unit (EHU) per Chapter 12 -13 of the Zoning Regulations of at least 500 sq. ft. each, on each lot. These lots shall not be entitled to the 500 sq. ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be entitled to 300 sq. ft. of garage area credit for the employee housing unit, in addition to the 600 sq. ft. garage area credit allowed per residence. T ne driveway width of 12 ft is allowed to remain (no increase in driveway width is required) for all allowed/required dwelling units and employee housing on these lots. Time Requirements SDD No. 4 shall be governed by the procedures outlined in Section 12 -9A of the Town of Vail Municipal Code. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that 0 17 Ordinance 23. Series of 1998 any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The repeal or the repeal and re- enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance ,previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON 'FIRST READING this 15th day of December, 1998, and a public hearing for second reading of this Ordinance set for the 5th day of January, 1999, in the Council Chambers of the Vail Municipal Building, Vail, Color o, Robert . Ford, Mayor ATTEST: _ Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 5th day of January, 1999. �,. Robert E. rord, Mayor ATTEST: �� r ''�f;p111111 {li� fit L eleiponaldson, Town Clerk L-7 Ordinance 23, Series or 1998 18 EXHIBIT "A" KOELBEL PROPERTY DEVELOPMENT AREA A Vail-Ros 12.370 acres A part of the SW 1/4 NE 1/4 of Section 12, Township 5.Soeth, Range 81 West of the 6th P.M., described as follows: Beginning at a point on the West line of said SW 1/4 NE 1/4 from which the North one - quarter comer of said Section 'bears North 0 15' East 2269.48 feet; thence North 00 15' East, along said West Line, 152.36 feet to a Point on the Southeasterly right of way line of U. S. Highway No. 6; thence, along said Southeasterly right of way line, as follows: North 52 °27' East, 102.31 feet; North 49 020' East, 519.57 feet; and North 48'13' East, 549.09 feet, more or less, to a point on the North line of said SW 1/4 NE 1/4; thence North 88 °33' East, along the North line of said SW 1/4 NE, 368 feet, more or less, to a point on the centerline of Gore Creek; thence, along the centerline of Gore Creek, as follows: South 36 °49' West, 101.04 feet; South 18 °21' West, 54.08 feet; South 1 °24' West, 205.02 feet; South 12 °10' West, 110.25 feet; and South 28 °41' West, 242.35 feet, thence South 75° 15' West, 1054.10 feet to the Point of beginning. Rose Parcel 3.190 acres A tract of land situated in the SW1 /4NE1 /4 of Section 12, TP 5 S., R. 81 W„ of the 6th P.M., lying Southerly of that certain tract of land described in Book 199, Page 197, Northerly and Westerly of the center line of Gore Creek, and lying Northerly and Easterly of those certain tracts described in Book 211 at Page 106, Book 211 at Page 108 and Book 215 at Page 365, described as follows: Beginning at a Point on the North -South center line of said Section 12 whence the North quarter corner of said Section 12 bears N. 00' 15' E. 2269.48 feet; thence N. 75 ° 15' E. 346.26 feet to the true Point of beginning, said point being on the South line of that tract described in Book 199, Page 197 and which bears S. 08 °26' E. 2205.34 feet from the North quarter corner of said Section 12; thence N. 75 ° 15' E. 717.84 feet along the Southerly line of that tract described in Book 199, Page 197 to the center of Gore Creek; thence S. 28 °41' W. 130.61 feet along the center line of said Creek; thence S. 05 °24'30" E. 104.50 feet along the center line of said Creek; thence S. 49 °29' W. 95.50 feet along the center line of said Creek; thence S. 22 °34' W. 124.47 feet along the center line of said Creek; thencc S. 54 °00' W. l 19.34 feet along the center line of said Creek; to the Southeast comer of that certain tract of land described in Book 211, Page 108; thence N. 33° 1630" W. 140.12 feet along the Easterly line of that tract described in Book 211 at Page 108; thence N. 57 °42'30" W. 169.88 feet along the Northeasterly line of that tract described in Book 211 at Page 108; thence N. 86 °02'30" W. 162.92 feet along the Northerly line of those hscts described in Book 211 at Page 108, Book 211 at Page 106 to a point; thence N. 32 °57'30" W. 76.08 feet along the Northeasterly line of that tract described in Book 215 at Page 365, to the Point of beginning. r:kveryone'domNk-Mb,Mg 1 Attachment: E ORDINANCE NO. 5 Series of 1976 AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT 4 AND AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP. WHEREAS, Article 1, Section 1.201, of the Zoning t Ordinance, Ordinance No. 8, Series of 1973, of the Town of Vail, Colorado, as amended, established thirteen zoning dis- tricts for the municipality, one of which is the Special Development District; WHEREAS, Mansfield Corporation and Gore Creek Associates, limited /partnership, submitted as owners applications requesting that the Town establish Special Development District 4, hereinafter referred to as "SD4 ", for the development on its parcel of land comprising 97.52 acres in the portion of the Lions Ridge area, County of Eagle, State of Colorado, which was annexed to the Town effective on the 16th day of December, 1975; WHEREAS, the establishment of the requested SD4 will ensure unified and coordinated development and use of a critical site as a whole and in a manner suitable for the area in which it is situated; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to establish said SD4; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This ordinance shall be known as the "Ordinance Establishing Special Development District 4 ". Section 2. Amendment Procedures Falfilled; Planning Commission Report. The amendment procedures prescribed in Section 21.500 of the Zoning Ordinance have been fully complied with and the T6wn Council has received the report of the Planning Commission recommending I a Town' C1 erk • the enactment of this ordinance. Section 3. Special Development District 4 Established, Amendments to Zoning Ordinance and Official Zoning Map. Pursuant to the provisions of Articles 1, 13, and 21 of the Zoning Ordinance, Ordinance No. 8, Series of 1973, of the Town of Vail, Colorado, as amended, Special Development District 4 (SD4), a special development zoning district, is hereby established for the development on a certain parcel of land comprising 97.52 acres in the Lions Ridge area of the Town, and the Zoning Ordinance and the Official Zoning Map are hereby amended by the addition of the following provisions which shall become the Fourth Chapter of Article 13, the caption of which shall be "Special Development District 4 ", and a map which shall become an addition to the Official Zoning Map: A. Purposes. Special Development District 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, ti provide adequate open space and recreational amenities, and ,1 promote the objectives of the Zoning Ordinance; Special Develop- ment District 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town, by the Town Council and the Planning Commission, and there are significant.aspects of the special development which cannot be satisfied through the imposition of standard zoning districts on the area. B. Special Development District 4 Established. (1) Special Development District 4 is established for the development on a parcel of land comprising 97.52 acres as more partictlarly described in Exhibit A Legal Description attached hereto and made a part hereof; Special Development District 4 and said 97.52 acres may be referred to as "SD4 ". (2) The District shall consist of four separate -2- Town CI`erk .,ice .� •-, development areas, as identified on the attached map consisting of the following approximate size; DEVELOPMENT AREA ACREAGE A 16.82 B 20 + C 57 + i D 3 + Development Area A is now owned by the Mansfield Corporation, nominee. Development Areas B, C, and D are now owned by Gore Creek Associates, a limited partnership organized under the laws of the State of Colorado. C. Development Plan Required. (1) Before the owner commences site preparation, building construction or other improvments within SD4, there shall be an Approved Development Plan for SD4. Development of SD4 may be phased by Development Area and within Development Area but a sufficient amount of information shall be supplied with respect to all Development Areas in order to allow the Planning Commission and Town Council to ensure the compatability of any Proposed Development Plan with the remainder of SD4. (2) Each Development Area shall be subject to a single Development Plan. Development Plans for a portion of Development Area must comply with the provisions, terms, and conditions of the Development Plan for the Development Area. (3) A Proposed Development Plan for SD4 shall be sub- mitted to the Zoning Administrator who shall refer the Development Plan to the Planning Commission and to the Design Review Board, which shall consider the plan at a regularly scheduled meeting, and a report of the Planning Commission setting forth its findings and recommendations shall be transmitted to the Town Council in ac- cordance with the applicable provisions of Article 21 hereof. 0 Town Clerk -3 0 Town .'C7 erk NO (4) Upon receipt of the Proposed Development Plan and Planning Commission report, the Town Council shall determine whether the plan is acceptable to the Town in accordance with the applicable provisions of Sections 21.505 and 21.506 hereof. This determination by the Town Council shall be made through its enactment ' of an ordinance amending the provisions of SD4 to incorporate the Development Plan as an amendment thereto, and shall become the approved Development Plan. (5) The Approved Development Plan shall be used as the principal guide for all development within SD4. Amendemnts to an Approved Development Plan which do not change its substance and which are duly recommended in a report of the Planning Commission may be approved by the Town Council by resolution. Each phase of development shall require, prior to issuance of building permits, approval of the Design Review Board in accordance with applicable provisions of Article 15 hereof. D. Contents of Proposed Development Plans. (1) Before any site preparation, building construction or improvements of any area within SD4, the developer shall submit to the Zoning Administrator an overall Environmental Impact Report for SD4 in accordance with the applicable provisions of Article 16 hereof; provided that such overall Environmental Impact Report shall be supplemented with respect to each Development Area as hereinafter provided. (2) A Proposed Development Plan shall include, but is not limited to the following data: 1. The complete Environmental Impact Report together with a Supplemental Environmental Impact Report which brings the original Report to a current status, supplementing such report with respect to the Develop- ment Area or Development Areas involved and is acceptable to the Zoning Administrator. 2. Existing contours having contour intervals of not more than five (5) feet if the average slope of the site is 20 per cent or less with contour intervals or not more than ten (10) feet if the average slope of the site is greater that 20 per cent. Existing and proposed contours after grading for each phase. Town .'C7 erk NO To ,n f l erk A conceptual site plan, at a scale not smaller that one (1) inch = 40 feet, showing the locations and dimensions of all buildings and structures, uses therein, and all principal site development features, such as landscaped areas recreational facilities, pedestrial plazas and walkways, service entries, driveways, and off - street parking and loading areas. 4. A preliminary landscape plan, at a scale not smaller than one (1) inch = 40 feet, showing existing: landscape features to be retained or removed, and showing, proposed landscaping and landscaped site development features, such as an outdoor recreational facilities, bicycle paths, trails, pedestrian plazas and walkways, water features and other elements for each development area. 5. Preliminary building elevations, sections, and floor plans, at a scale not smaller than 1/8 inch = 1 foot, in sufficient detail to determine floor area, gross residential floor area, interior circulation, location of uses within buildings, and the general scale and appearance of the proposed development for each development area. A proposed plan of parking, loading, traffic circulation, and transit facilities; and a proposed program for satisfying traffic and transportation needs generated by the development for each development area#,"- 7. A volumetric model of the site and the proposed development, at a scale not smaller than 1 inch = 100 feet, portraying the scale and relationships of the proposed development to the site and illustrating the form and mass of the proposed buildings for each development area. 8. An architectural model of each proposed building at a scale deemed appropriate to the development by the Zoning Administrator portraying design details for each phase. 9. A proposed program indicating order of construction phases, transportation facilities, and recreational amenities. 10. A proposal regarding the dedication to the Town or private ownership and maintenance of that portion of the Development Area within the 100 - year floor plain of Gore Creek. In the event the 100 -year flood plain is not dedicated to the Town such lands shall be subject to a right of public access to Gore Creek, and the right to use a portion of such lands for a.bicycle path, and for park purposes provided that the location and use of such facilities and access shall be deter- mined by mutual agreement between the Town and the owner of the development areas involved. E. Permitted Uses. Single- family residential dwellings, two - family -5- so n Town Clerk l i residential dwelling and residential cluster dwellings shall be I permitted uses in Development Areas A, B, and C. Two family I dwellings, residential cluster dwellings, and multiple family i dwellings shall be permitted uses in Development Areas A & B. I Professional offices and business offices, with a total ;r gross floor area not to exceed ten thousand (10,000) square feet, shall be a permitted use in Development Area D. F. Conditional Uses. The following conditional uses shall be permitted subject to the issuance of a Conditional Use Permit in accordance with the provisions of Article 18 of this ordinance, for the various Development Areas as herein specified: CONDITIONAL USES DEVELOPMENT AREA -A B C D Private clubs, civic, cultural and fraternal organizations X X Public utility and public services X X X X Public buildings, grounds and facilities X X X X Public park and recreation facilities X X X X Ski lifts and tows X X X t� Institutional or educational center: provided that if said center is constructed, then the following shall be conditional uses in conjunction therewith: lodges including accessory eating, drinking or recreational establishments- -not occupying more than 20% of the total gross floor area of the lodge to which it is accessory; X X X X Public or commercial parking facilities; Professional offices, business offices and X X studios. The term "Institutional or Educational Center" shall mean a public or private institution for learning, instruction or continuing education. Such facilities may be utilized for seminars or educational programs and may include conference and meeting rooms, audio - visual facilities and necessary accessory useage such as dining rooms and efficiency dwelling units. The phrase "efficiency dwelling units" shall mean any room or group of rooms without full kitchen facilities, but which may include a refrigerator, sink and cook top of no more than two heating units, designed for or adapted n Town Clerk to occupancy by individuals attending the Institutional or Educational Center; the efficienty dwelling units shall be accessible from common corridors, walks or balconies without passing through another efficiency dwelling unit, accommodation unit or dwelling unit and each said unit shall not exceed 400 square feet, and shall be considered in kr determining the total GRFA allowed for each development area. G. Accessory Uses. The following accessory uses shall be permitted in Development Areas A, B, & C. 1. Rome occupations, subject to issuance of a home occupations permit in accord with the provisions of Section 17.300 hereof. 2. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. The following accessory uses shall be permitted in Development Area C only. 1. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. r In addition the following accessory uses shall be permitted in L Development Areas A and B. 1. Swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted or conditional uses, and necessary for the operation thereof. H. Density Control. the following: i. The number of dwelling units shall not exceed Development Area A - 252 units Development Area B - 240 units Development Area C - 171 units I. Development. Standards. The following development standards are hereby approved by the Town Council; these standards shall be incorporated into the Approved Development Plan pertinent to each Development Area to protect the integrity of the development of SD4; the following are minimum development standards and shall apply unless more at restrictive standards are incorporated in the Approved Development Plan which is adopted by the Town Council. own— I —7- .a • t �J 1. Setbacks. required setbacks shall be as indicated in each Development Plan with a minimum setback on the periphery of the property of not less than 20 feet. 2. Distance Between Buildings. The minimum distances between all buildings shall be as indicated on each Development Man with a minimum of 15 feet, provided that one foot of additional separation between buildings shall be required for each 2 feet of building height over 15 feet, calculated on the basis of the average height of the two buildings 3. Height. The maximum height of a building in Area A shall be 45 feet. The maximum height of buildings in Areas B, C and D shall be 35 feet. 4. Density Control. The gross residential floor area of all buildings in each development area shall not exceed .35 GRFA in Area A, .30 GRFA in Area B, and .25 GRFA in Area C. 5. Site Coverage. In Areas A and B, no more than 35% of the total site area shall be covered by buildings, provided, if any portion of said areas is developed as an institutional or educational center, 45% of the area may be covered. In Areas C and D, no more that 25'% of the total site area shall be covered by buildings. 6. Useable Open Space. Useable open space shall be as indicated on the Development Plans but in no case shall the same be less than 250 square feet exclusive of required front set- back areas shall be provided at ground level for each dwelling unit_ Useable open space may be common space accessible to more than one dwelling unit, or may be private space accessible to separate dwelling units, or a combination thereof. At least 50 per cent of the required ground level useable open space shall be common space. The minimum dimension of any area qualifying as ground level useable open space shall be ten (10) feet. Town .Clerk J -8- i r �s 7. Landscaping. At least the following proportions of the total Development Area shall be landscaped as provided in the Development plan (this shall include retention of natural landscape, if appropriate). Areas A and B, 50,% and Areas C and D, 6 0p. If any portion of Areas A and B is developed as an institutional or educational center, these limitations may be modified in accordance with amendment procedures specified in Section 21.500 of the Zoning Ordinance. 8: Parking Offstreet parking shall be provided in accordance with Article 14 of the Zoning Ordinance except that 75°x, of the required parking in Area A shall be located within the main building or buildings. In Areas B and D, 50% of the required parking shall be located within the main building or buildings. On -site parking shall be provided for common carriers providing charter service to the development; said bus parking shall be indicated on the Development Plan. No parking or loading area shall be located in any required front setback area. If any portion of Areas A and B is developed as an institutional or educat na1__ center, these limitations may be modified in accordance with amend- ment procedures specified in Section 21.500 of the Zoning Ordinance. J. Recreation Amenities Tax. The :recreational amenities tax due for the development with SD4 under Ordinance No. 2, Series of 1974, of the Town of Vail, Colorado, shall be assessed at a rate not to exceed $0.25 per square foot of -the floor area in develop- ment Areas A, B, and C, and at a rate not to exceed $0.75 per square foot in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of a building permit. K. Conservation and Pollution Controls. (1) Developer's drainage plan shall include provision for prevention of pollution from surface run -off. (2) Developer shall include in the building construction energy and water conservation controls as general technology exists at the time of construction. an!"Cl erk I/ so L. Recreational Amenities. (1) The approved Development Plan shall include the following recreational amenities: (a) Bike and redestrian path traversing property from east property line to west property line shall be provided by developer with exact location to be mutually acceptable to developer and Town Council. !d. Additional Amenities. private (1) Developer shall provide adequate /transportation services to the owners and guests of the development so as to transport them from the development to Village Core area and Lionshead area as outlined in the approved Development Plan. (2) Developer shall provide in its approved Development Plan a bus shelter of a design and location mutually agreeable to developer and Town Council. Said shelter to serve the area generally. N. Limitation on Existence of Special Develo went District 4. Prior to the adoption of the Approved Development Plan, r the Town Council reserves to the Town the right to abrogate or modify SD4 for good cause through the enactment of an ordinance; provided, however, that in the event the Town Council finds it to be appropriate to consider whether to abrogate or modify SD4 the procedures shall be as provided in Section 21.504 of the Zoning Ordinance pertaining to amendments. o. Addition to official Zoning Ma . Special Development District 4 shall be indicated on a map which amends and shall become an addition to the Official Zoning Map. r Townr.Clerk —10— d AN a Ah ' f d Heede Parcel 1.260 acres County of Eagle and State of Colorado, to wit: A tract of land situated in the SWaNVs of Section 12, Township 5 South, Range Si West of the 6th Principal Meridian, described as follows: Beginning at a point on the North -South center line of said Section 12 whence the North Quarter Corner of said Section 12 bears North 00 degs. 15 mins. East 2269.48 feet; thence North 75 degs. 15 mins. East 346.26 feet; thence South 32 degs. 57 mins. 30 sees. East 76.08 feet; thence South 11 degs. 00 mins. t 30 secs. West 279.99 feet to a point in the center of Gore Creek; thence North 50 degs. 32 mins. West 111.31 feet along the center line of said creek; thence North 38 degs. 40 mins. West 239.09 feet along the center line of said creek; thence South 76 degs. 35 mins. West 89.91 feet along the center line of said creek to a point on the North -South center line of said Section 12; thence North 00 degs. 15 mins. East 13.95 feet along the North -South center line of said Section 12 to the point of beginning. Total 16.820 acres GORE CREEK ASSOCIATES PROPERTY DEVELOPMENT AREAS B, C & D 80.700 acres Legal Description All that part of Section 12, Township 5 South, Range 81 West of the 6th P.M., described as follows: All that part of the N35NE4 of Section 12, lying Southerly of the Southerly right -of -way line of U.S. Highway No. 6 and Northerly of the Southerly line of said N'NEh, as shown on the plat on file in the office of the Eagle County Clerk and Recorder as Document No. 97489, described as follows: Beginning at the highway survey monument at the intersection of the Southerly line of said highway and the Easterly line of said NkNE4, whence the Northeast corner of said Section 12 bears North 0003' West 634.785 feet; thence South 73026'30" West 1112.13 feet along the Southerly right of way line of said highway; thence South 70034' West 125.10 feet along the Southerly right of way line of said highway; thence South 69025' West 100.00 feet along the Southerly right of way line of said highway; thence South 65050' West 100.00 feet along the Southerly line of said highway; thence South 6201.5' West 100.00 feet along the Southerly right of way line of said highway; thence South 58040' West 100.00 feet along the Southerly right of way line of said highway; thence South 55005' West 100.00 feet along the Southerly right of way line of said highway; thence South 51032' West 100.00 feet along the Southerly right of way line of said highway; thence South 47057' West 232.58 feet along the Southerly right of way line of said highway to a point on the Southerly line of said ANE a ; thence North 88033' East 497.67 feet along the Southerly line of said N;,NE; to the center of the NE; of said Section 12; thence North 88033' East 1379,35 feet along the Southerly line o_ said WINE: to the Southeast corner of said N�NE;5; thence North 0003' West 760.95 feet along the Easterly line of said NhNE4 to its intersection with the Southerly line of said highway, the point of beginning, + 0 - - r CONTINUED AND All that part of the SW:NE4 of Section 12, lying Southerly of the center of Gore Creek as shown on the plat on file in the office of the Eagle County Clerk and Recorder as Document No. 97489, described as follows:- Beginning at the Northeast corner of said SWkNE¢; thence South 88033' West 131.67 feet to a point in the center of said Creek; thence South 40009' West 94.04 feet along the center of said Creek; thence South 18021' West 54.08 feet along the center of said Creek; thence South 1084' West 205.02 feet along the center of said Creek; thence South 12 10' West 110.25 feet along the center of said Creek; thence South 28041' West 320.00 feet; thence South 5024'30" East, 170.00 feet along the center of said creek; thence South 27000'02" West 85.24 feet along the center of said creek; thence South 54000' West 259.34 feet along the center of said creek; thence South 65034' West 109.62 feet along the center of said creek; thence South 69004' West 186.13 feet along the center of said creek; thence South 85025" West 68.88 feet along the center of said creek; thence North 770361 West 26.96 feet along the center of said creek; thence North 50032' West 199.19 feet along the center of said creek; thence North 38040' West 239.09 feet along the center of said creek; thence South 76035' West 89.91 feet along the center of said creek; to a point on the Westerly line of said SW$NEk; thence South 0015' West 461.90 feet to the center of said Section 12; thence North 84.02' East 1382.65 feet along the Southerly line of said SW,NEk to the Southeast corner of said SWhNEk; thence North 0006' East 1384.32 feet along the Easterly line of said r SWaNE; to the Northeast corner of said SWkNE'h, the point of beginning, AND The NWkSE; of Section 12, Township 5 South, Range 81 West of the 6th P.M.; AND All that part of the SE`NWo of Section 12, Township 5 South, Range 81 West of the 6th P.M., lying Southerly of the Southerly right of way line of U.S. Highway No. 6, as shown on the plat on file in the office of the Eagle County Clerk and Recorder as Document No. 97489, described as follows: Beginning at the Southeast corner of said SE;NW4; thence South 89002' West 836.95 feet along the Southerly line of said SE4NW'h to a point on the Southerly right of way line of said highway; thence North 52035' East 1057.07 feet along the Southerly right of way line of said highway to a point on the Easterly line of said SEkNW; ; thence South 0015' West 628.21 feet along the Easterly line of said SEkNW4 to the Southeast corner of said SEnNWa, the point of beginning; EXCEPT THE FOLLOWING: that part described in Book 188 at page 545; that part described in Book 191 at page 241; that part described in Book 203 at page 231; r L. CONTINUED that part described in Book 243 at page 531; that certain island adjacent to the above - described property, and located in the middle of Gore Creek, which the parties intend to exclude from this transaction; County of Eagle, State of Colorado r • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 23, 2002 SUBJECT: A request for a worksession to discuss a proposed major alteration; a conditional use permit, to allow for a fractional fee club in the Public Accommodation zone district, under Section 12 -16 -2 (Conditional use Permits), Vail Town Code, a variance from Section 12 -7A -2 (Permitted Uses), Vail Town Code, to allow for retail uses in excess of 10% of the total gross residential floor area of the structure; and a variance from Section 12 -7A -10 (Landscaping & Site Development), Vail Town Code, to allow for a deviation from the total landscape area requirement, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive /Lots K & L, Block 5E, Vail Village 15t Filing. Applicant: Sonnenalp Properties, Inc., represented by Braun Associates, Inc. Planner: George Ruther/Warren Campbell 40 L SUMMARY The applicant, Sonnenalp Properties, Inc., represented by Braun Associates, Inc., has requested a worksession to discuss a proposed development application intended to facilitate the redevelopment of the Sonnenalp, Talisman Condominium and Swiss Chalet site. The key elements of the proposal include: • Expansion and upgrading of one of Vail's Public Accommodation zoned properties, • Improved live -bed base added to the existing lodging inventory, • Addition of retail square footage along a portion of East Meadow Drive, • Construction of recommended streetscape improvements to East Meadow Drive, • Elimination of a portion of existing surface parking and the provision of a new parking structure and loading area, • Partnership with neighbors to create a coordinated plan, and • Provision of employee housing within the Town of Vail. The purpose of this meeting is to allow the applicant an opportunity to present the proposed plans to the Planning and Environmental Commission and to provide the applicant, public, staff, and the Commission an opportunity to begin identifying issues for discussion at future meetings. The Commission is not being asked to take any formal positions on this application at this time. As such, staff will not be providing a formal recommendation at this time. 1111. DESCRIPTION OF REQUEST 40 The applicant, Johannes Faessler, owner of Sonnenalp Properties, Inc. and the Talisman Condominium Association, represented by Braun Associates, Inc. are requesting a worksession to discuss a proposed major exterior alteration to the Sonnenalp Hotel and Swiss Chalet; a conditional use permit to allow for a fractional fee club in the Public Accommodation zone district, under Section 12 -16 -2 (Conditional use Permits), Vail Town Code, a variance from Section 12 -7A -2 (Permitted Uses), Vail Town Code, to allow for retail uses in excess of 10% of the total gross residential floor area of the structure; and a variance from Section 12-7A- 10 (Landscaping & Site Development), Vail Town Code, to allow for a deviation from the total landscape area requirement, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive /Lots K & L, Block 5E, Vail Village 1" Filing. A vicinity map of the proposed development site is attached for reference (attachment A). Through the major exterior alteration request, the applicant proposes to remove a small portion of the existing Sonnenalp Hotel and construct a new addition to the hotel in an east /west orientation along East Meadow Drive. The new four -story tall hotel addition is comprised of forty -six (46) new hotel rooms, new retail square footage on the first level of the addition along East Meadow Drive, a 1,600 square foot addition to Ludwig's restaurant, and a new spa facility located on an interior portion of the development site. The proposal further includes the demolition and redevelopment of the Swiss Chalet. This component of the proposal includes the reconstruction of a new four -story tall building comprising of thirteen (13) fractional fee club units, nine (9) condominiums and new retail square footage on the first level of the building fronting East Meadow Drive. An improved loading and delivery facility and a new underground parking structure are proposed to provide loading and delivery facilities and on -site vehicle parking for the Sonnenalp Hotel, the Swiss Chalet and the Talisman Condominiums. The applicant has also submitted applications for a conditional use permit to facilitate the operation of a fractional fee club and a variance application intended to provide relief from the total landscape area requirement as prescribed in the Vail Town Code for properties located with the Public Accommodation Zone District. A more complete description of the applicant's request has been attached for reference (attachment B) along with a reduced copy of the proposed plans (attachment C). III. BACKGROUND On September 4, 2002, the Town of Vail Design Review Board held a public hearing for the conceptual review of the applicant's proposed plans. The purpose of the meeting was to allow the applicant to present the proposed plans to the Design Review Board and to provide the Board with an opportunity to offer feedback on the design aspects of the proposal to the applicant. The following is a summary of the Board's initial comments: • Willow Bridge Road is a major pedestrian way. How will the negative aesthetic impacts of the loading and delivery facility be mitigated? • The proposed new curb cut intended to provide vehicular access to the Talisman Condominiums will have negative impacts on the pedestrian character of East Meadow Drive. How will the negative impacts of vehicular access be mitigated? How does the applicant propose to regulate vehicular traffic on East Meadow Drive? • The east elevation of the Sonnenalp Hotel addition needs to be "dressed up ". The current design is not consistent with the overall design and detail of the rest of the building. • The East Meadow Drive facade of the Sonnenalp Hotel addition needs to be "broken up ", both horizontally and vertically, to bring interest and articulation to the building. • The main roof ridge design of the Sonnenalp Hotel addition needs more variation in height and should not be one or two long, constant ridge lines. This redesign will add interest to the building and allow more sunlight to reach the pedestrian way along East Meadow Drive. • The primarily four -story tall fapade of the north elevation of the Sonnenalp Hotel addition is too close to East Meadow Drive. The upper stories of the building should be stepped back from East Meadow Drive. • More attention should be given to the landscape design along East Meadow Drive. Look for opportunities to improve the landscaped areas without negatively impacting the retail uses proposed on the first level of the building. • Cantilevers of the upper portions of the Sonnenalp Hotel may help to break up the vertical facade of the proposed design. • More thought to the pedestrian nature of East Meadow Drive is needed in the design. It would be undesirable to lose the pedestrian feeling of East Meadow Drive by allowing vehicles to use East Meadow Drive to access the Talisman Condominiums. • A similar roof design or architectural feature to the one located over the porte cochere on the existing hotel should be introduced on the proposed hotel addition. This approach would bring more similarities to the design and address the long, continuous ridge line that is currently proposed. • The existing entry features on the Swiss Chalet should be preserved and reconstructed on the redeveloped building(s). The entry features are beautifully designed and would be a great addition to the new building(s). • The building masses along East Meadow Drive need to be further "broken up" and articulated. • A variety of roof heights is needed in both the Swiss Chalet and the Sonnenalp Hotel addition. • The exterior of the Swiss Chalet should be designed to appear as a series of different buildings. Such an approach would begin to address roof height and building massing issues. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, applications will be reviewed first by the PEC for acceptability of use and then by the DRB for compliance of proposed buildings and site planning. Planning and Environmental Commission 0 Action, The PEC is responsible for final approval /denial of the Conditional Use Permit and major exterior alteration. The PEC is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. Conformance with development standards of zone district: - Conformance with development standards of zone district Lot area Setbacks Building Height Density is GRFA Site coverage Landscape area Parking and loading Mitigation of development impacts Design Review Board Action: The DRB has NO review authority on a Conditional Use Permit, but is responsible for the approval/denial of the accompanying DRB application for the major exterior alteration request. The DRB is responsible for evaluating the DRB proposal for: - Architectural compatibility with other structures, the land and surroundings - Fitting buildings into landscape - Configuration of building and grading of a site which respects the topography - Removal /Preservation of trees and native vegetation - Adequate provision for snow storage on -site - Acceptability of building materials and colors - Acceptability of roof elements, eaves, overhangs, and other building forms - Provision of landscape and drainage - Provision of fencing, walls, and accessory structures - Circulation and access to a site including parking, and site distances - Location and design of satellite dishes L - Provision of outdoor lighting - The design of parks Town Council ,Actions of DRB or PEC maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the PEC or DRB erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Staff The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS Vail Land Use Plan 40 The Vail Land Use Plan was adopted by the Vail Town Council on November 18, 1986. The plan is intended to serve as a basis from which future decisions may be made regarding land use within the valley. The primary focus of the Vail Land Use Plan is to address the long -term needs and desires of the Town as it matures. The Town of Vail has evolved from a small ski resort founded in 1962 with approximately 190,000 annual skier visits and virtually no permanent residents to a community with 4,500 permanent residents. The Town is faced with the challenge of creatively accommodating the increase in permanent residency as well as the increase in skier visits, while preserving the important qualities that have made Vail successful. This is a considerable challenge, given the fact that land within the Valley is a well - defined finite resource, with much of the land already developed at this juncture. The Vail Land Use Plan was undertaken with the goal of addressing this challenge in mind. A secondary purpose of the Vail Land Use Plan was to analyze a series of properties owned by the Town of Vail, to determine their suitability for various types of community facilities. The goals articulated in the plan reflect the desires of the citizenry. The goal statements that were developed reflect a general consensus of the comments shared at public meetings. The goals contained in the Vail Land Use Plan are to be used as the Town's adopted policy guidelines in the review process for new development proposals. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: 1.0 General Growth /Development 0 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1 A The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.6 Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.7 New subdivisions should not be permitted in high geologic hazard areas. 1.8 Recreational and public facility development on National Forest lands may be permitted where no high hazards exist if: a) Community objectives are met as articulated in the Comprehensive Plan. b) The parcel is adjacent to the Town boundaries, with good access. C) The affected neighborhood can be involved in the decision- making process. 1.9 National Forest land which is exchanged, sold or otherwise falls into private ownership should remain as open space and not be zoned for private development. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 6 C] 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2.3 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 2.4 The community should improve summer recreational and cultural opportunities to encourage summer tourism. 3.0 Commercial 3.1 The hotel bed base should be preserved and used more efficiently. 3.2 The Village and Lionshead areas are the best location for hotels to serve the future needs of the destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 4.4 Village Core 1 Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 4.4 The connection between the Village Core and Lionshead should be enhanced through: 7 a. Installation of a new type of people mover b. Improving the pedestrian system with a creatively designed connection, oriented toward a nature walk, alpine garden, and/or sculpture plaza. c. New development should be controlled to limit commercial uses. 5.0 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. 5.2 Quality time -share units should be accommodated to help keep occupancy rates up. 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 marketplace 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. 6.0 Community Services 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. According to the Official Town of Vail Land Use Plan map, the applicant's proposed redevelopment site is located with the "Vail Village Master Plant Area'. This area has not been fully analyzed in the Vail Land Use Plan because the Vail Village Master Plan study has addressed this area specifically in more detail. As such, the review of this redevelopment proposal will be further guided and regulated by the provisions of the Vail Village Master Plan. Vail Village Master Plan The Vail Village Master Plan is based on the premise that the Village can be planned and designed as a whole. It is intended to guide the Town in f developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals for public improvements. It is intended to result in ordinances and policies that will preserve and improve the unified and attractive appearance of Vail Village. Most importantly, this Master Plan shall serve as a guide to the staff, review boards, and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. Furthermore, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future. The Vail Village Master Plan is intended to be consistent with the Vail Village Urban Design Guide Plan, and along with the Guide Plan, it underscores the importance of the relationship between the built environment and public spaces. Goals for Vail Village are summarized in six major goal statements. While there is a certain amount of overlap between these six goals, each focuses on a particular aspect of the Village and the community as a whole. The goal statements are designed to establish a framework, or direction, for the future growth of the Village. A series of objectives outline specific steps that can be taken toward achieving each stated goal. Policy statements have been developed to guide the Town's decision - making in achieving each of the stated objectives, whether it be through the review of private sector development proposals or in implementing capital improvement projects. The goals, objectives, policies and action steps are the working tools of the master plan. They establish the broad framework and vision, but also lay out the specific policies and action steps that will be used to implement them. The six goals are their related objectives, policies and action steps can be found in Section V of the Vail Village Master Plan. The Vail Village Master Plan's objectives and policy statements address key issues relative to growth and development. These statements establish much of the context within which future development proposals are evaluated. In implementing the Plan, the objectives and policies are used in conjunction with a number of graphic planning elements that together comprise this Plan. While the objectives and policies establish a general framework, the graphic plans provide more specific direction regarding public improvements or development potential on a particular piece of property. Staff has reviewed the Vail Village Master Plan and believes the following goals, objectives and policies are relevant to the review of this proposal: Goal #1 — Encourage high auality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. 1.1 Objective: Implement a consistent development review process to reinforce the character of the Village. 1.1.1 Policy: Development and improvement projects approved in the Village shall be consistent with the goals, objectives, policies and design considerations as outlined in the Vail Village Master Plan and Urban Design Guide Plan E 1.2 Objective: Encourage the upgrading and redevelopment of residential i and commercial facilities. 1.2.1 Policy: Additional development may be allowed as identified by the Action Plan and as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. 1.3 Objective: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the Town. 1.3.1 Policy: Public improvements shall be developed with the participation of the private sector working with the Town. Goal #2 — To foster a strong tourist industry and promote year- around economic health and viability for the Village and for the community as a whole. 2.1 Objective: Recognize the variety of land uses found in the 10 sub- areas throughout the Village and allow for development that is compatible with these established land use patterns. 2.1.1 Policy: The zoning code and development review criteria shall be consistent with the overall goals and objectives of the Vail Village Master Plan. 40 2.2 Objective: Recognize the "historic" commercial core as the main activity center of the Village. 2.2.1 Policy: the design criteria in the Vail Village Urban Design Guide Plan shall be the primary guiding document to preserve the existing architectural scale and character of the core area of Vail Village. 2.3 Objective: Increase the number of residential units available for short - term overnight accommodations. 2.3.1 Policy: 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. 2.4 Objective: Encourage the development of a variety of new commercial activity where compatible with existing land uses. 2.4.1 Policy: Commercial infill development consistent with established horizontal zoning regulations shall be encouraged to provide activity generators, accessible greenspaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. 10 • • 2.4.2 Policy: Activity that entertainment for both the encouraged. provides nightlife and evening guest and the community shall be 2.5 Objective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. 2.5.1 Policy: Recreation amenities, common areas, meeting facilities and other amenities shall be preserved and enhanced as a part of any redevelopment of lodging properties. 2.5.2 Policy: The Town will use the maximum flexibility possible in the interpretation of building and fire codes in order to facilitate building renovations without compromising life, health, safety considerations. 2.6 Objective: Encourage the development of affordable housing units through the efforts of the private sector. 2.6.2 Policy: Employee housing shall be developed with appropriate restrictions so as to insure their availability and affordability to the local work force. Goal #3 — To recognize as a top Rriority the enhancement of the walkin experience throughout the Village. 3.1 Objective: Physically improve the existing pedestrian ways by landscaping and other improvements. 3.1.1 Policy: Private development projects shall incorporate streetscape improvements (such as brick paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. 3.1.2 Policy: Public art shall be encouraged at appropriate locations throughout the Town. 3.1.3 Policy: Flowers, trees, water features, and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. 3.2 Objective: Minimize the amount of vehicular traffic in the Village to the greatest extent possible. 3.2.1 Policy: Vehicular traffic will be eliminated or reduced to absolutely minimal necessary levels in the pedestrianized areas of the Village. 11 3.3 Objective: Encourage a wide variety of activities, events, and street life along pedestrian ways and plazas. 3.3.2 Policy: Outdoor dining is an important streetscape feature and shall be encouraged in commercial infill or redevelopment projects. 3.4 Objective: Develop additional sidewalks, pedestrian -only walkways and accessible green space areas, including pocket parks and stream access. 3.4.1 Policy: Physical improvements to property adjacent to the stream tract shall not further restrict public access. 3.4.2 Policy: Private development projects shall be required to incorporate new sidewalks along streets adjacent to the project as designated in the Vail Village Master Plan and/or Recreation Trails Master Plan. Goal #4 — To preserve existing open space areas and expand greenspace opportunities. 4.1 Objective. Improve existing open space areas and create new plazas with greenspace and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of the Village. 4.1.2 Policy: The development of new public plazas, and improvements to existing plazas (public are, streetscape features, seating areas, etc.), shall be strongly encouraged to reinforce their roles as attractive people places. 4.1.3 Policy: With the exception of ski base - related facilities, existing natural open spaces areas at the base of Vail Mountain and throughout the Vail Village shall be preserved as open space. Goal #5 — Increase and improve the capacity, efficiency, and aesthetics of the transportation and circulation system throughout the Village. 5.1 Objective: Meet parking demands with public and private parking facilities. 5.1.1 Policy: For new development that is located outside of the Commercial Core I Zone District, on -site parking shall be provided (rather than paying into the parking fund) to meet any additional parking demand as required by the zoning code. 5.1.3 Policy: Seek locations for additional structured public and private parking. 5.1.5 Policy: Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. 12 • • • Goal #6 — To ensure the continued improvement of the vital operational elements of the Village. 6.1 Objective: Provide service and delivery facilities for existing and new development. 6.2 Objective: Provide for safe and efficient functions of fire, police and public utilities within the context of an aesthetically pleasing resort setting. 6.2.2 Policy: Minor Improvements (landscaping, decorative paving, open dining decks, etc.) may be permitted on Town of Vail land or right -of -way (with review and approval by the Town Council and the Planning and Environmental Commission when applicable) provided that Town operations such as snow removal, street maintenance and fire department access and operation are able to be maintained at current levels. Special design (i.e. heated pavement), maintenance fees, or other considerations may be required to offset impacts on Town services. The Vail Village Master Plan is illustrated in a series of illustrative plans. These plans depict the physical components of the Master Plan. The plans are comprised of: • Land Use Plan • Open Space Plan Parking and Circulation Plan • Conceptual Building Height Plan /Building Height Profile • Action Plan A copy of each of the illustrative plans has been attached for reference (attachment E). According to the Vail Village Master Plan Land Use Plan, the applicant's redevelopment site is located within two land use designation areas. The site is designated as mixed use along the street frontages of East Meadow Drive and Willow Bridge Road and Medium /High Density Residentiaithroughout the interior of the site. Maintaining the general pattern of existing land uses is a stated goal for Vail Village. While some changes in land use designation were proposed by the Master Plan, the changes respected the existing character that has been established throughout the Village. The applicant is not proposing to make revisions to the Vail Village Master Plan Land Use Plan designations. There are four different types of open space indicated on the Vail Village Master Plan Open Space Plan. The types vary from greenbelt natural open space to urbanized parks. According to the Plan, the applicant's development site is an area recommended to include plazas with greenspace and planted buffers. Staff would recommend that the applicant incorporates 13 the Open Space Plan recommendations as indicated on the illustrated plan into their proposal (attachment E). The Vail Village Master Plan Parking and Circulation Plan recognizes the established pattern of parking and circulation throughout Vail Village. The parking and circulation system is an important element in maintaining the pedestrianized character of the Village. This is accomplished by limiting vehicular access to strategic points, while allowing for necessary operations such as bus service and loading /delivery. According to the Plan, East Meadow Drive is labeled as a "pedestrian street (no /limited auto) plazas within the pedestrian network. Staff recommends that the applicant seek alternate means of vehicular access to the Talisman Condominiums. As the applicant's development is fronted on both ends by vehicular streets, access could be gained to the condominiums via Vail Road on the west or Willow Bridge Road on the east (attachment E). The Vail Village Master Plan Building Height Plan intends to address the impacts that building height has on the character of the built environment of Vail Village. Generally speaking, it is the goal of this Plan to maintain the concentration of low scale buildings in the core area while positioning larger buildings along the northern periphery, as depicted on the Building Height Profile Plan. The building heights expressed on the Plans are intended to provide general guidelines. Additional study should be made during specific project review relative to a building's height impact on the streetscape and relationship to surrounding structures. Specific design considerations on building heights are found in the sub -area section of the Vail Village Master Plan and in the Vail Village Urban Design Guide Plan. According to the Plan, the applicant's redevelopment site is located with an area designated for buildings of 2 -3 stories and 3 -4 stories in height. Staff would recommend that the applicant responds to the recommendations outlined in the conceptual building height plan. A positive response would help in addressing may of the other issues, directly or indirectly, related to building height identified throughout this memorandum (i.e., sun /shade) (attachment D). The Vail Village Master Plan Action Plan indicates potential development and improvement projects that would be consistent with the goals, objectives and policies outlined in the Vail Village Master Plan. The Action Plan is a composite of all the plan elements. The applicant's redevelopment site falls within an area designated on the Action Plan as an area for future improvements. According to the Plan, improvements are recommended to the Vail Road /East Meadow Drive intersection, commercial and residentialflodging infill is recommended along East Meadow Drive at the Sonnenalp site, a public plaza site is recommended on the northeast corner of the development site, commercial infill is recommended on the northeast corner of the existing Swiss Chalet, and a park is proposed immediately adjacent to the applicant's proposed loading /delivery area on adjoining Town of Vail owned land. Staff would recommend that the applicant revisits the proposed plans and prepares a graphic response to the recommendations as stated in the Vail Village Master Plan Action Plan (attachment E). 14 While the Vail Village Master Plan attempts to address the development and future of Vail Village as a whole, it also attempts to address development opportunities and constraints on site specific basis. In doing so the Master Plan delineates ten different sub -areas to facilitate long range planning efforts. The ten sub -areas provide detailed descriptions of each sub -area concept and express the relationship between the specific sub -area concepts and the overall plan. The applicable goals and objectives are cited for each of the sub -area concepts at the end of each description under "special emphasis." (attachment 1). The sub -area concepts are meant to serve as advisory guidelines for future land use decisions by the Planning and Environmental Commission and Town Council. it is important to note that the likelihood of project approval will be greatest for those proposals that fully comply with the recommendations and policies outlined in the Vail Village Master Plan. According to the Vail Village Master Plan, the applicant's development site lies within Sub -area #1 which is further broken down into specific sites. The proposed development site is addressed in four specific sites, #1 -2 Vail Road Intersection, #1 -3 Sonnenalp (Bavaria Haus) Infill, #1 -4 Sonnenal'p East (Swiss Chalet) Infill, and #1 -5 Willow Bridge Road Walkway. Again, staff recommends that the applicant reviews the site specific sub -area plans narrated and illustrated in the Vail Village Master Plan and then provide graphic response as to how the proposal furthers the recommendations and 0 policies outlined in the Master Plan. A copy of the four site specific sub -areas is attached for reference (attachment 1). El Town of Vail Streetscape Master Plan The Town of Vail is in the process of preparing a revision to the adopted Town of Vail Streetscape Master Plan. The original Master Plan is an outgrowth of the Vail Village Urban Design Guide Plan. The Guide Plan was created in 1982 to give guidance to the overall physical development for the Village. In addition to providing broad design guidelines, the Guide Plan suggested specific physical improvements for the Village. Improvements such as new plazas, new landscape area, etc. Along with the construction of these public improvements included proposals to complete numerous private sector improvements. Improvements such as building additions outdoor deck expansions, and fagade improvements. The Streetscape Master Plan was written in part to provide clear design direction for coordinated public /private improvements. According to the Master Plan, the purpose of the plan is to provide a comprehensive and coordinated conceptual design for streetscape improvements that: 1. is supported by the community; 2. enriches the aesthetic appearance of the Town; and 3. emphasizes the importance of craftsmanship and creative design in order to create an excellent pedestrian experience. 15 The process of revising the Master Plan contains many, if not all of the same goals. Throughout the course of the ongoing development of the new master plan revision process the applicant, and or their representatives, have actively participated in the design process. The applicant has communicated a willingness to participate in the construction of the recommended and revised streetscape improvements along Vail Road, East Meadow Drive, and Willow Bridge Road. Staff recommends that the applicant continues to work closely with the community and Town staff in the preparation of the Town of Vail Streetscape Master Plan revisions and then be prepared to discuss implementation and construction strategies with the staff and Planning and Environmental Commission at a future date. Vail Village Design Considerations In 1980, the Town of Vail adopted the Vail Village Design Considerations. The Design Considerations are an attempt to identify aspects of the physical character of the Village and to assure as far as possible that future changes to the Village will be consistent with the established character, and will make positive contributions to the quality of life. Furthermore, the Design Considerations are intended to guide growth and change in ways that will enhance and preserve the essential qualities of Vail Village. A copy of the Vail Village Urban Design Considerations has been attached for reference (attachment H). Town of Vail Zoning Regulations is Staff has reviewed the Town of Vail Zoning Regulations (Title 12, Vail Town Code). We believe the following code sections are relevant to the review of the applicant's request: Section 12 -2 -2 DEFINITIONS: ACCOMMODATION UNIT: Any room or group of rooms without kitchen facilities designed for or adapted to occupancy by guests and accessible from common corridors, walks, or balconies without passing through another accommodation unit or dwelling unit. Each accommodation unit shall be counted as one -half (112) of a dwelling unit for purposes of calculating allowable units per acre. DWELLING UNIT. Any room or group of rooms in a two - family or multiple - family building with kitchen facilities designed for or used by one family as an independent housekeeping unit. A dwelling unit in a multiple- family building may include one attached accommodation unit no larger than one -third (1 13) of the total floor area of the dwelling. FRACTIONAL FEE CLUB: A fractional fee project in which each condominium unit, pursuant to recorded project documentation as approved by the town of Vail, has no fewer than six (6) and no more than twelve (12) owners per unit and whose use is established by a reservation system. Each of the fractional fee club units are made 16 0 available for short -term rental in a managed program when not in use by the club members. The project is managed on -site with a front desk operating twenty four (24) hours a day, seven (T) days a week providing reservation and registration capabilities. The project shall include or be proximate to transportation, retail shops, eating and drinking establishments, and recreation facilities. FRACTIONAL FEE CLUB UNIT: A condominium unit in a fractional fee club described as such in the project documentation and not an accommodation unit within the fractional fee club. LANDSCAPING: Planted areas and plant materials, including trees, shrubs, lawns, flower beds and ground cover, together with the core development such as walks, decks, patios, terraces, water features, and like features not occupying more than twenty percent (209-o') of the landscaped area. For the purposes of this title, natural or significant rock outcroppings, trees or native vegetation shall be deemed landscaping in single - family, two- family residential, residential cluster, low density multi - family, hillside residential, and primary /secondary residential zone districts. LODGE: A building or group of associated buildings designed for occupancy primarily as the temporary lodging place of individuals or families either in accommodation units or dwelling units, in which the gross residential floor area devoted to accommodation units or fractional fee club units, is equal to or greater than seventy percent (7091o) of the total gross residential floor area on the site, and in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. Notwithstanding the above for properties containing gross residential floor area equal to or less than eighty (80) square feet of gross residential floor area for each one hundred feet (100') of buildable site area, such properties shall be defined as lodges, provided that gross residential floor area devoted to accommodation units or fractional fee club units exceed the gross residential floor area devoted to dwelling units. LOT OR SITE: A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of this Title and meeting the minimum requirements of this Title. A lot or site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds. 17 Article 12 -7A, PUBLIC ACCOMMODATION (PA) DISTRICT 12 -7A -1: PURPOSE: 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 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 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 District. 12 -7A -2: PERMITTED USES: The following uses shall be permitted in the PA District: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (101) 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. 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 breakfast, as further regulated by Section 12 -14 -18 of this Title. Churches. Fractional fee club as further regulated by subsection 12-16 - 6A7 of this Title. Hospitals, medical and dental clinics, and medical centers. Major arcade, so long as it does not have any exterior frontage on any public way, street, walkway, or mall area. Private clubs and civic, cultural and fraternal organizations. Professional and business offices. Public buildings, grounds and facilities. Public or commercial parking facilities or structures. Public or private schools. Public park and recreational facilities. Public transportation terminals. Public utility and public service uses. Ski lifts and tows. Theaters and convention facilities. Type 111 employee housing units as provided in Chapter 13 of this Title. 18 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 arcade. 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. 12- 7A -5.• LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area and each site shall have a minimum frontage of thirty feet (30'). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80) on each side within its boundaries. 12 -7A -6: SETBACKS: In the PA District, the minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20'), and the minimum rear setback shall be twenty feet (20'). At the discretion of the Planning and Environmental Commission and /or the Design Review Board, variations to the setback standards outlined above may be approved during the review of exterior alternations or modifications (Section 12 -7A -12 of this Article) subject to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. 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. 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). 19 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 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. 12 -7A -9: SITE COVERAGE Site coverage shall not exceed sixty five percent (65 910) 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 proposed site coverage is in conformance with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. 40 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. 12- 7A -11: PARKING AND LOADING: Off - street parking and loading shall be provided in accordance with Chapter 10 of this Title. At least seventy five percent (75 %) of the required parking shall be located within the main building or buildings and hidden from public view. No at grade or above grade surface parking or loading area shall be located in any required front setback area. Below grade underground structured parking and short -term guest loading and drop -off shall be permitted in the required front setback subject to the approval of the Planning and Environmental Commission and /or the Design Review Board 12- 7A -12: EXTERIOR ALTERNATIONS 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 substantial off -site impacts (as 20 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: An application for an exterior alteration shall include the following: a. Completed application form, filing fee, and a list of all owners of property located adjacent to the subject parcel. The owners list shall include the names of all owners, their mailing address, a legal description of the property owned by each, and a general description of the property (including the name of the property, if applicable), and the name and mailing address of the condominium association's representative (if applicable). Said names and addresses shall be obtained from the current tax records of Eagle County as they appeared not more than thirty (30) days prior to the application submittal date. b. A written statement describing the proposal and how the proposal complies with the Vail Village Master Plan, the Vail Village Urban Design Guide Plan, the Vail Village Streetscape Master Plan and any other relevant sections of the Vail Comprehensive Plan. c. A survey stamped by a licensed surveyor indicating existing conditions on the property including the location of improvements, topography, and natural features. d. A current title report to verify ownership, easements, and other encumbrances, including schedules A and B3. e. Existing and proposed site plan at a minimum scale of one inch equals twenty feet (1 " = 20), a vicinity plan at an appropriate scale to adequately show the project location in relation to the surrounding area, a landscape plan at a minimum scale of one inch equals 20 feet (1" = 20'), a roof height plan and existing and proposed building elevations at a minimum scale of one - eighth inch equals one foot (118" = 1'). 21 The material listed above shall include adjacent buildings and Improvements as necessary to demonstrate the project's compliance with the Vail Village Master Plan, the Vail Village Urban Design Guide Plan and the Vail Streetscape Master Plan. f. Sun /shade analysis of the existing and proposed building for the spring /fall equinox (March 21 /September 23) and winter solstice (December 21) at ten o'clock (10:00) A.M. and two o'clock (2:00) P.M. unless the Department of Community Development determines that the proposed addition has no impact on the existing sun /shade pattern. The following sun angle shall be used when preparing this analysis: Spring /Fall Equinox Sun Angle 10:00 A.M. 40° east of south, 50° declination 2:00 P.M. 420 west of south, 500 declination Winter Solstice Sun Angle 10:00 A.M. 30° east of south, 200 declination 2:00 P.M. 30° west of south, 200 declination g. Existing and proposed floor plans at a minimum scale of one - fourth inch equals one foot (114" = 1) and a square footage analysis of all existing and proposed uses. h. An architectural or massing model of the proposed development. Said model shall include buildings and major site improvements on adjacent properties as deemed necessary by the Administrator. The scale of the model shall be as determined by the Administrator. i. Photo overlays and/or other graphic material to demonstrate the special relationship of the proposed development to adjacent properties, public spaces, and adopted views per Chapter 22 of this Title. J. Any additional information or material as deemed necessary by the Administrator or the Town Planning and Environmental Commission (PEC). The Administrator or the Planning and Environmental Commission may, at his/her or their discretion, waive certain submittal requirements if it is determined that the requirements are not relevant to the proposed development nor applicable to the Vail Village Master Plan, the Vail Village Urban Design Guide Plan, the Vail Village Streetscape Master Plan. 22 r1 LJ 0 • 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 12- 7A -13: 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 Design Review Board that the proposed exterior alteration or new development is in compliance with the purposes of the Public Accommodation Zone 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. 12- 7A -14: MITIGATION OF DEVELOPMENT IMPACTS: Property owners /developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the Planning and Environmental Commission in review of development projects and conditional use permits. Substantial off -site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank restoration, loading /delivery, public art improvements, and similar improvements. The intent of this Section is 23 to only require mitigation for large scale redevelopment/development projects which produce substantial off -site impacts. 12- 7A -15: ADDITION OF GROSS RESIDENTIAL FLOOR AREA TO EXISTING PA PROPERTIES: For any gross residential floor area added to a Public Accommodation zoned property following the effective date hereof, a minimum of seventy percent (76!) 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. Chapter 16, CONDITIONAL USE PERMITS 12 -16 -1: PURPOSE; LIMITATIONS: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied 12 -16 -6: CRITERIA; FINDINGS: A. Factors Enumerated. Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 0 24 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. B. Necessary Findings: The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of this Title and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of this Title. 12 -16 -7. USE SPECIFIC CRITERIA AND STANDARDS: The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by Section 12 -16 -6 of this Chapter. A. Uses And Criteria: (in part) 8. Time -Share Estate, Fractional Fee, Fractional Fee Club, Or Time -Share License Proposal. Prior to the approval of a conditional use permit for a time -share estate, fractional fee, fractional fee club, or time -share license proposal, the following shall be considered. a. If the proposal for a fractional fee club is a redevelopment of an existing facility, the fractional fee club shall maintain an equivalency of accommodation units as are presently existing. Equivalency shall be maintained either by an equal number of units or by square footage. If the proposal is a new development, it shall provide at least as much accommodation unit gross residential floor area (GRFA) as fractional fee club unit gross residential floor area (GRFA). is b. Lock -off units and lock -off unit square footage shall not be included in the calculation when determining the equivalency 25 of existing accommodation units or equivalency of existing square footage. c. The ability of the proposed project to create and maintain a high level of occupancy. d. Employee housing units may be required as part of any new or redevelopment fractional fee club project requesting density over that allowed by zoning. The number of employee housing units required will be consistent with employee impacts that are expected as a result of the project. e. The applicant shall submit to the Town a list of all owners of existing units within the project or building, and written statements from one hundred percent (100%) of the owners of existing units indicating their approval, without condition, of the proposed fractional fee club. No written approval shall be valid if it was signed by the owner more than sixty (60) days prior to the date of filing the application for a conditional use. VI. SITE ANALYSIS A more complete site analysis will be provided for the October 14, 2002, meeting of the Planning and Environmental Commission. Given the comments provided by the Town of Vail Design Review Board and the staff to date, and any additional feedback from the Planning and Environmental Commission, staff anticipates that changes to the proposal will be made that will affect the development standards data. According to the application information provided by the applicant, no variances to the prescribed development standards are sought with the exception of a deviation to the minimum landscaped area requirement. Zoning: Public Accommodation Land Use Plan Designation: Vail Village Master Plan Study Area Current Land Use: Mixed Use /Residential Development Standard Allowed Lot Area: Min. of 10,000 sq. ft. of buildable area and a min. of 80 feet of frontage. Setbacks: Front: 20 feet Sides: 20 feet Rear: 20 feet *See Section 12 -7A -6 for discretion granted to the Planning and Environmental Commission and the criteria. Building Height: 45 ft. for flat or mansard roofs and 48 ft. for sloping roofs. Density: Max. of 25 units /acre. GRFA: Up to 150 sq. ft. for each 100 sq. ft. of buildable site area. 191 • VII VIII. 17J Site Coverage: Not to exceed 65% of the total site area. Landscape Area: Min. of 30% of the total site. Parking: Accommodation units: 0.4 spaces /unit, plus 0.1 space /each 100 sq. ft. of GRFA with a max. of 1.0 spaces/unit. Dwelling Unit: If GRFA is 500 sq. ft. or less: 1.5 spaces/unit. If GRFA is over 500 sq. ft, up to 2,000 square feet: 2 spaces/unit. If GRFA is 2,000 sq. ft. or more /dwelling unit: 2.5 spaces/unit. Eating and Drinking Establishments: 1 space/120 sq. ft. of seating floor area. Retail Stores, Personal Services, and Repair Shops: 1 spaceleach 300 sq. ft. of net floor area. Recreational Facilities, Public or Private (day spa): Parking requirements to be determined by the Planning and Environmental Commission. SURROUNDING LAND USES AND ZONING DISCUSSION ISSUES Zoning Public Accommodation High Density Residential Commercial Core Il Public Accommodation /General Use The purpose of this worksession meeting is to allow the applicant an opportunity to present the proposed plans to the Planning and environmental Commission and to provide the applicant, public, staff, and the Commission an opportunity to begin identifying issues for discussion at future meetings. The Commission is not being asked to take any formal positions on this application at this time. However, staff has identified six (6) issues at this time that we believe should be discussed. The issues are: Complete Development Application The Town of Vail has reviewed the development application submitted by the applicant's representative for completion and compliance with the prescribed submittal requirements. Upon completion of our (Community Development, Public Works, and Fire Department) review, it has been determined that additional information is required to be submitted and reviewed before any final decisions may be made by the reviewing boards. Many of these issues have already been communicated to the applicant. Others have not. For reference purposes, the following information is needed: 27 Land Use North: Mixed Use South: Residential East: Mixed Use West: Mixed Use DISCUSSION ISSUES Zoning Public Accommodation High Density Residential Commercial Core Il Public Accommodation /General Use The purpose of this worksession meeting is to allow the applicant an opportunity to present the proposed plans to the Planning and environmental Commission and to provide the applicant, public, staff, and the Commission an opportunity to begin identifying issues for discussion at future meetings. The Commission is not being asked to take any formal positions on this application at this time. However, staff has identified six (6) issues at this time that we believe should be discussed. The issues are: Complete Development Application The Town of Vail has reviewed the development application submitted by the applicant's representative for completion and compliance with the prescribed submittal requirements. Upon completion of our (Community Development, Public Works, and Fire Department) review, it has been determined that additional information is required to be submitted and reviewed before any final decisions may be made by the reviewing boards. Many of these issues have already been communicated to the applicant. Others have not. For reference purposes, the following information is needed: 27 Copy of Schedule B Exceptions 11 -23 as listed on the title report. * 15 copies of reduced plans (11" x 17 ") including sun /shade analysis A vicinity plan which includes the Vail Village Inn existing improvements located on the north side of East Meadow Drive A complete landscape plan prepared in accordance with the requirements outlined on the Town of Vail development review application * A complete roof plan with existing and proposed grades shown underneath to be used in the determination of building height * Illustrate the location of the required 20 -foot setback line on the site plans as required in the Public Accommodation zone district * Illustrate the location of the 100 -year floodplain line on the site plans as required by the Vail Town Code * Illustrate the location of the required 50 -font Gore Creek setback on the site plans as required by the Vail Town Code Indicate the lot size and the buildable area of each of the respective parcels to be included with the development site * Submit a development review application signed by the owners of the Talisman Condominiums as required by the Vail Town Code An amended sun /shade study is required to further understand the impacts of the building height relative to the property line and setback on sun /shade along East Meadow Drive and adjacent uses * Address the comments provided by the Town of Vail Public Works Department in the letter dated September 11, 2002 (attachment G) Pursuant to Section 12 -7A -12 (A)(2)0) of the Vail Town Code, "Any additional information or material as deemed necessary by the Administrator or the Town Planning and Environmental Commission may be requested ". Is there any additional information or materials that the Planning and Environmental Commission finds is necessary to be submitted for review and consideration prior to acting upon the requests of the applicant? Lot or Site Area The Town of Vail Zoning Regulations provide a definition for Lot or Site. According to the Regulations, Lot or Site is defined as, "LOT OR SITE: A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of this Title and meeting the minimum requirements of this Title. A lot or site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds. " Pursuant to this definition, the applicant has submitted an application for redevelopment that includes the land legally described as 'A Part of Lots L & K, Block 5 -E, Vail Village First Filing, Town of Vail, Eagle County, Colorado': These lots are further divided into parcels for ownership purposes. According to the stamped survey and title information, Parcels A, B & C are owned by -3 0 the Sonnenalp Hotel, with the Talisman Parcel owned by the Talisman Condominium Association. Given this interpretation, there are specific procedural requirements and obligations which must be addressed. For example, since land owned by the Talisman Condominium Association is affected by this application and will be used in the development of the proposed improvements, the Association or its authorized agent is required to sign the proposed redevelopment application(s) on their behalf. This requirement is not unlike the requirement imposed upon joint owners of a duplex property where one owner is proposing improvements that directly affect the other owner's property (land) or property interest (development potential). The Community Development Department has received a written letter from the Association expressing their support for the proposed redevelopment project, however, the written letter includes the caveat that they reserve their rights to object to such submittal during the Town of Vail development review process. Staff believes that the Talisman Condominium Association must sign the application as submitted and actively participate in the development review process, or Sonnenalp Properties, Inc. must amend their application and remove their proposed improvements from land owned by the Talisman Condominium Association. This is especially important as the application(s) directly affect the future development potential of the ownership and improvements an each of the three parcels of land. An example of how such an approach to this development application affects the review of this proposal is the setback requirement. As proposed no minimum setback requirements apply to the internal property lines (i.e., between the Talisman and the Swiss Chalet). Instead, setback requirements are only applied to the property lines around the perimeter of the site. A second example of how this approach affects the review of this proposal is the application of the fractional fee club unit vs. accommodation unit square footage requirement. As proposed, there are no accommodation units provided in the Swiss Chalet as may otherwise be required. Rather, the applicant is proposing to utilize accommodation unit square footage in the existing and proposed Sonnenalp Hotel development to meet minimum square footage requirements. Does the Planning and Environmental Commission agree with the staff's interpretation of the co -owner signature requirement? Is the combined lot or site area approach an acceptable approach to be considered for this application? If not, should the lots or parcels be treated separately for zoning purposes? Proposed Setbacks In 1999, the Town of Vail approved a text amendment amending the prescribed development standards for the Public Accommodation zone district. In approving the text amendments the Town adopted five setback criteria that are to be used by the Planning and Environmental Commission when considering deviations to the required minimum 20-foot setback. These criteria are to be used in place of the variance procedures when considering 29 deviations to the required setbacks. The Town determined that providing flexibility in the implementation of the 20 -foot setback requirement was desirable and could serve a public purpose provided that certain design and land use considerations were addressed and the various criteria were met. To aid in reviewing requests for deviations from the minimum setback requirement the following regulation was adopted: 12 -7A -0: SETBACKS: In the PA District, the minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20''), and the minimum rear setback shall be twenty feet (20). At the discretion of the Planning and Environmental Commission and /or the Design Review Board, variations to the setback standards outlined above may be approved during the review of exterior alternations or modifications (Section 12 -7A -12 of this Article) subject to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. 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. The Design Review and staff have completed a preliminary review of the proposed site plan. Rased upon staff's review of the proposed plans, comments provided by the Design Review Board, and a review of the above - described setback criteria, we believe that changes may be needed to the proposed setbacks. For example, the proposed pool deck area on the south side of the Swiss Chalet encroaches considerably on the south side setback. Given the landscape design, the building's proximity to Gore Creek and the availability of developable space on the applicant's property, staff believes that the pool area should be designed to respect the 20 -foot setback requirement. Other areas for consideration include the loading and delivery facility, the front entrance to the Swiss Chalet, and the entire frontage of the Sonnenalp Hotel addition. The extent of any design changes should take into consideration the prescribed setback criteria, the revised sun /shade study, adjacent land uses, and the delineation of the 100 -year floodplain line. Does the Planning and Environmental Commission agree that changes should be considered to the proposed setbacks given the established criteria and the physical parameters of the site? 30 0 Sun /Shade Analysis The presence of sun and shade contributes significantly to the quality of the pedestrian environment. To illustrate this point, simply look to Pepi's Deck, the outdoor dining area at the Red Lion, or seating benches that get used by the public on various days. If the sun is shining, the decks and those benches in the sun are used. Those located in the shade are often vacant. The importance of sun /shade is well documented in the Vail Village Master Plan. In fact, a whole section of the Vail Village Urban Design Considerations is devoted to sun /shade. According to Section I of the Vail Village Urban design Considerations, in part, "all new or expanded buildings should not substantially increase the spring and fall shadow pattern (March 21 through September 23) on adjacent properties of the public right of way ". To better understand the impacts of the new and expanded buildings proposed by the applicant, a sun /shade study has been submitted for review (attachment D). The results of the study clearly Illustrate that a significant portion of East Meadow Drive and the adjacent properties to the north will be impacted by the construction of the new hotel and Swiss Chalet. While staff agrees that the east/west orientation of the site contributes to the effects of sun /shade, we believe that mitigating measures are needed to minimize the negative impacts of the new construction to the extent possible while maximizing the positive effects of sun on the pedestrian way and adjacent properties. As an example, the main roof ridge locations of the Sonnenalp hotel addition and the Swiss Chalet could be moved to the south to minimize shading on East Meadow Drive. Additionally, the first and second stories of the building could be "set forward" while the third and fourth stories could be "stepped back." This potential design option could address several issues beyond sun /shade. It might also help in addressing the issues of setbacks, building articulation, and pedestrian scale. Given the criteria established for the review of projects and evaluating their impacts on sun /shade, as well as the input provided by the Town of Vail Design Review Board, are there any steps that you might suggest at this time for the applicant to pursue in responding to concerns of sun /shade? Mitigation of Development Impacts Pursuant to Section 12- 7A -14, Mitigation of Development Impacts, Vail Town Code, "Property ownersfdevelopers 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 31 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 redevelopmentldevelopment projects which produce substantial off -site impacts." Besides the obvious, (i.e., employee housing, streetscape improvements, roadway improvements, loading /delivery facilities) are there any other specific mitigating measures that the applicant should be pursuing at this time as part of this development application? East Meadow Drive Pedestrian Mail In 1978, East Meadow Drive, along with a number of other streets and ways in the Town of Vail were designated as a major pedestrian ways within the Village core area. The significance of such a designation placed an importance for pedestrian -only traffic on East Meadow Drive and other streets in Vail Village. This designation is well documented in a number of the Town's various planning - related documents. In fact, the pedestrian nature of Vail Village is a major attraction for our guests and establishes the ambiance and character of the resort. It should also be noted, however, that in establishing the pedestrian mall system within the Town, that agreements for future vehicular access were established by and between the Town and various property owners. One such agreement was established with Sonnenalp Properties, Inc. and the Talisman Condominium Association. A copy of said agreement has been attached for reference (attachment F). The Town of Vail is aware of the established agreement. The Town also understands that the applicant is proposing to gain vehicular access to eight surface parking spaces located at the Talisman Condominiums via a pedestrian -only portion of East Meadow Drive. At this time the staff, including legal counsel for the Town of Vail, is not prepared to discuss or respond to this particular issue, Instead, staff believes that it is imperative that the issue of vehicular access via East Meadow to the Talisman Condominiums is acknowledged. Staff will be fully prepared to discuss this issue in greater detail at the October 14, 2092, meeting of the Planning and Environmental Commission. IX. CRITERIA AND FINDINGS The following section of this memorandum is included to provide the applicant, community, staff, and Commission with an advanced understanding of the criteria and findings that will be used by the reviewing boards in making a final decision on the proposed applications. 0 32 Conditional Use Permit Criteria and Findings A. Consideration of Factors Regarding Conditional Use Permits: 1. Relationship and impact of the use on the development objectives of the Town. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The following additional criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by Section 12 -16 -6 of this Chapter. A. Uses and Criteria: 8. Time -Share Estate, Fractional Fee, Fractional Fee Club, Or Time - Share License Proposal: Prior to the approval of a conditional use permit for a time -share estate, fractional fee, fractional fee club, or time -share license proposal, the following shall be considered: a. If the proposal for a fractional fee club is a redevelopment of an existing facility, the fractional fee club shall maintain an equivalency of accommodation units as are presently existing. Equivalency shall be maintained either by an equal number of units or by square footage. If the proposal is a new development, it shall provide at least as much accommodation unit gross residential floor area (GRFA) as fractional fee club unit gross residential floor area (GRFA). b. Lock -off units and lock -off unit square footage shall not be included in the calculation when determining the equivalency of existing accommodation units or equivalency of existing square footage. c. The ability of the proposed project to create and maintain a high level of occupancy. d. 'Employee housing units may be required as part of any new or redevelopment fractional fee club project requesting density over that allowed by zoning. The number of employee housing units required will be consistent with employee impacts that are expected as a result of the project. 33 e. The applicant shall submit to the Town a list of all owners of existing units within the project or building; and written statements from one hundred percent (100 %) of the owners of existing units indicating their approval, without condition, of the proposed fractional fee club. No written approval shall be valid if it was signed by the owner more than sixty (60) days prior to the date of filing the application for a conditional use. B. The Planning and Environmental Commission shall mare the fallowing findings before granting a conditional use permit: That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Public Accommodation zone district. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. Variance Criteria and Findings • A. Consideration of Factors: 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. B. The Planning and Environmental Commission shall make the following findings before granting a variance: 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 district. 34 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 literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. C. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. Text Amendment Criteria and Findings 1. Prescribed Regulations Amendment a. Factors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in Title 12, the Planning & Environmental Comission and Town Council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. 0 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. 35 b. Necessary Findings: Before recommending and /or granting an approval of an application for a text amendment the Planning & Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment: That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. X. STAFF RECOMMENDATION As this is a worksession, staff will not be providing a staff recommendation at this time. Staff will provide a staff recommendation at the time of a final review of this application. is For future reference purposes only, pursuant to Section 12- 7A -13, Vail Town Code, the applicant shall be required to meet a compliance burden and demonstrate by a preponderance of the evidence that the proposed application conforms to the requirements prescribed for such application. Section 12 -7A -13 states, "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 Design Review Board that the proposed exterior alteration or new development is in compliance with the purposes of the Public Accommodation Zone 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. 36 • L' X1. ATTACHMENTS A. Vicinity Map B. Narrative of Sonnenalp Resort, Swiss Chalet, Talisman Condomimium Proposal C. Set of Proposed Site Plan, Elevations, Landscaping, Etc. D. Sun /Shade Analysis E. Vail Village Master Plan Illustrative Plans F. Letter from Heckman & O'Connor G. Letter from Greg Hall and Todd Oppenheimer Regarding Sonnenalp Redevelopment Comments H. Vail Village Urban design Considerations 1. Vail Village Master Plan Site Specific Sub -Areas J. Adjacent Property Owners Publication Notice 37 • Atte tst 2002 IL Of Vaa- Appdicatioms for Major 62xtarior Ad fat atiam, Comdi(iomae use Permit, Design Review, a"d V ariamed Attachment: B 0 Table of Contents • • Pave L Introduction 2 A. Summary of Request 2 B. Ivey Elements of the Proposal 2 C. Review Process 3 II. Detailed Project Description and Zoning Analysis 4 A. Project Site and Ownership 4 B. Existing Conditions 5 C. Proposed Uses and Detailed Project Description G D. Zoning Analysis 14 E. Mitigation of Development Impacts 14 F. Floodplain Modification 16 III. Review Factors and Criteria 17 IV. Comprehensive Plan Goals and Direction 21 Sonnenalp Redevelopment 1 Braun Associates, Inc. I. Introduction 0 A. Summary of Request The Sonnenalp Resort is proposing to redevelop its property located in the Vail Village. This project is a cooperative project between the Talisman Condominiums and the Sonnenalp and represents one coordinated redevelopment effort. The proposed project will have a significant positive impact on the economy and aesthetics of the Town by upgrading and expanding a world -class lodging facility. New and upgraded lodging and spa facilities will be provided in order to attract visitors from all around the world. The most significant amenity of the project will be the removal of surface parking along East Meadow Drive and the introduction of a retail corridor on the south side of the street. The establishment of retail activity in this area will inject new life and vitality to an area whose perfortnance has considerable room for improvement. The project will provide streetscape improvements that implement the Town's current streetscape plan and improvements that provide for an improved and safe pedestrian experience along East Meadow Drive. The majority of the parking required for the project will be located in a subsurface parking garage that extends under the entire project. The specific proposal includes a new hotel wing along the frontage of East Meadow Drive containing 3 stories of hotel rooms (46 rooms) and one story with retail at street level. The ground floor also includes a covered pedestrian arcade, which extends 10' from the building face to provide pedestrian scale to the building. The hotel addition runs from Vail Road to the Talisman property. The existing Swiss Haus building will be demolished. In its location will be another portion of this hotel facility containing three stories of Fractional Fee Club Units (13 FFUs) and dwelling units (9 DUs) and one story with retail and lobby area at street level. This project is arguably one of the most significant and desirable improvements in Vail as it expands and upgrades one of the most successful resort hotels in the country and provides significant amenities needed in this area of the Vail Village. B. Key Elements of the Proposal Key elements of the plait include: • Expansion and upgrading of Vail's premier hotel and spa property. + Improved live beds added to Vail's lodging inventory. • Injection of new retail life to the Meadow Drive corridor thus improving the connection from Vail Village and Lionshead. • Much needed pedestrian and streetscape improvements along East Meadow Drive. • Sonnenalp Redevelopment 2 Braun Associates, Inc. 0 • Elimination of surface parking areas and the provision of subsurface parking and loading areas. • Partnership created with neighbors to create a coordinated plan. • Employee housing provided within the Town of Vail. C. Review Process To achieve the Sonnenalp's goals and implement many of the Town's goals and policies we have submitted the following applications: • Major Exterior Alteration for the overall redevelopment plan • Conditional Use Permit for a Fractional Fee Club • Variance applications to development limitations (retail area and hardscape) in order to implement the Town's goals and policies • Design Review Application for the design components of the project In order for this project to be constructed these applications must be reviewed and approved by the Planning and Environmental Commission (PEC). The PEC is the final review authority on all of these requests. The role of the PEC is to review the Sonnenalp Resort project with respect to the criteria listed in the Zoning Regulations for a Conditional Use Permit, Major Exterior Alteration, and Variances. The Design Review Board will be responsible for reviewing the proposed architecture and design of the building. Sonnenalp Redevelopment Braun Associates, Inc. II. Detailed Project Description and Zoning Analysis A. Project Site and Ownership As discussed in the introduction, this redevelopment project involves three properties: the Sonnenalp Resort; the Swiss Haus; and the Talisman Condominiums. As such all of these properties are being considered as one overall project for the purpose of development statistics. The overall project site consists of these separate legal parcels: • Parcel A (1.643 acres, generally the existing Swiss Haus property and including Talisman Condominiums); • Parcel B (1.553 acres, generally the existing Sonnenalp hotel); and • Parcel C (0.105 acres, generally the Sonnenalp parking area). • Total project area = 3.301 acres The definition of lot or site allows development site to be a combination of lots of record or portions of lots of record. While improvements are being proposed to the 'Talisman parcel (landscaping, underground parking, surface parking, portions of the spa area, etc.) no changes are being made to the existing Talisman structure (other than sprinkling as required by the Fire Department). Upon approval of the redevelopment plan, the Sonnenalp and the Talisman will apply for revised plat to create coordinated parcels and easements for all of the individual properties. Sonnenalp Hotel (formerly the Bavari Haus) Swiss Haus (now the Swiss Chalet) Sonnenalp Redevelopment 4 Braun Associates, Inc. • C7 • • B. Existing; Conditions The Sonnenalp portion of the site is currently developed with two buildings that are used as a lodge facility as defined by the Town Code. All of the parking on the site is currently surface parking. Access to the hotel is primarily from Vail Road with additional access for the Swiss Haus from Willow Bridge Road and East Meadow Drive. Below is a table describing the existing conditions of the site: Existing Sonnenalp: Density: 90 Hotel Rooms GRFA: 58,074 sq. ft. Site Coverage: 34,050 sq. ft. Landscape Area: 13,750 sq. ft. Restaurant Area (net): 3,389 sq. ft. (variance granted for an additional 1,651.4 sq. ft. on June 24, 1991. Bully Ranch = 1,504 sq. ft., Ludwig's = 1,560 sq. ft., and King Club Bar = 325 sq. ft.) Meeting Room Area: 4,000 sq. ft. Spa Area: 7,330 sq. ft. Parking 108 spaces Building Height: 48' and 56' (granted by variance) Existing Swiss Haus: Density: 59 Hotel Rooms GRFA: Site Coverage: Landscape Area: Retail Area: Restaurant area: Meeting Room Area: Spa Area: Parking: Building Height: 2 Dwelling Units 23,444 sq. ft. 12,950 sq. ft. 7,500 sq. ft. 1,580 sq. ft. 2,422 sq. ft. 1,885 sq, ft. 1,720 sq. ft. 14 spaces 48' Existing Talisman Condominiums: Density: 16 Dwelling Units GRFA: 24,239 sq. ft. Site Coverage: 8,900 sq. ft. Landscape Area: 3,375 sq. ft. Parking: 20 spaces Sonnenalp Redevelopment 5 Braun Associates, Inc. C. Proposed Uses and Detailed Project Description 0 1. Proposed Uses The project includes the following uses that are either permitted by right or by conditional use permit in the Public Accommodation zone district: • Hotel rooms - use by right • Fractional Fee Club Units - conditional use • Dwelling units - use by right • Retail - use by right • Spa facilities - use by right LL A-d visecl Talisman Parking Lan scapirig New Sonnenalp Wing New Swiss Chalet .� 'J�6 J; rid , /�Jff �r"�.,�r.� \,��..�.��•. o r ! .ti N r 617a � rya w Proposed Site Plan 2. Assembly of Uses and Lots As previously stated, the overall project includes three parcels that comprise one overall development site. The project also includes three separate buildings. The Talisman is a multiple family residential building and the proposed Swiss Chalet and Sonnenalp together are one lodge facility. The definition of a lodge is "a building or group of associated buildings designed for occupancy primarily as the temporary Sonnenalp Redevelopment 6 Braun Associates, Inc. • lodging place of individuals or families either in accommodation units or dwelling units." The definition of lot states that "a lot or site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds." The Sonnenalp redevelopment proposal is consistent with both of these definitions. Additionally, since the project is a combination of separate parcels, internal setbacks between the parcels are not recognized by the town. Some improvements are being proposed within the lot area of the Talisman parcel (i.e., underground parking and a portion of the hotel facility). Replatting and the establishment of easements will occur at a future date to accommodate these internal encroachments. 3. Parking Parking provided by the proposed redevelopment complies with Town requirements. Of the total of 189 parking spaces, 163 will be located underground. Surface spaces will be limited to 8 spaces located at the Talisman and the remaining 18 spaces will be located within the Porte cochere of the Sonnenalp. The proposed 189 parking spaces provide the required parking for the entire project, existing and proposed. The following is the parking analysis: Sonnenalp Redevelopment 7 Braun Associates, Inc. Existing Uses (Sonnenalp): Use # or soft. Multiplier Parkin„ Requirement AUs 90 .7 63 Conference 4,000 1/330 12.12 Ludwig's 1,560 1/250 6.24 Ding Club Bar 325 1/250 1.3 Bully, Ranch 1,504 11250 6.02 Total 88.68 Changes in Existing Sonnenalp: Use # or sq. ft. Multiplier Parking Requirement Ludwig's Addition 1,600 1/250 6.4 Existing Uses (Talisman): Use Parking Requirement DL's 20 spaces (grandfathered) Proposed New Development — Sonnenalp Addition and Swiss Chalet: Use # or sq. ft. Multiplier Parking Requirement AU 46 .7 32.2 FFUs 13 .7 9.1 DUs 9 1.4 12.6 Retail (net floor area) 10,200 2.3/1,000 23.46 Total 77.36 Total parking required: 77.36 new development + 88.68 existing development + 6.4 Ludwig's addition +'Talisman = 143 spaces x 2.5% multi-use credit = 189 parking spaces Total parking proposed: 189 spaces 18 spaces in porte cochere 8 spaces at Talisman 116 striped spaces in structure 47 valet spaces 4. Loading and Delivery The proposed redevelopment complies fully with the Town's loading and delivery requirements. The Code requires 2 additional loading spaces and the proposed plan includes 3 underground loading areas for use by the entire project: Sonnenalp, new Swiss Chalet, and the Talisman. The existing Swiss Haus and Talisman currently have no formal loading facilities. These new berths are located under the proposed Swiss Chalet facility. While the site is being redeveloped and new and improved structures are being accommodated, the overall loading and delivery demand will be greatly reduced due to the removal of the Swiss Chalet Restaurant and conference room; space within the building. 40 Sonnenalp Redevelopment 8 Braun Associates, Inc. • Below is the analysis of loading berth requirements in accordance with the Town Code. Use sq. ft. ---Multiplier Requirement Lodge 75,000 1 /first 75,000 sq. ft. 1 + 46,010 1 /each additional 25,000 sq. ft. 1.S4 (New Sannena p 59,815 sq. ft. + new Swiss 61,195 sq. ft.) Multiple - Family 24,239 1/100,000 sq. ft. 1 Total 4 TOV Multi -use Reduction -2 Total Loading Bay Requirement 2 5. Talisman Improvements The Talisman property is currently developed with one structure containing 16 dwelling units and 20 surface parking spaces. The Talisman property will be modified to allow an underground parking structure to traverse under its property. As part of the agreement with the Sonnenalp, the Talisman will be provided with 16 underground parking spaces (one for each unit), which will be accessed through the poste cochere at the Sonnenalp Hotel. The Talisman will reduce its surface parking area to 8 parking spaces. The 8 surface parking spaces will be accessed from East Meadow Drive pursuant to an existing access easement (proposed to be shifted to the east to have less impact on East Meadow Drive), created when the Talisman was originally platted in 1970, and Town Ordinance (Ordinance; No. 14, Series of 1978) allowing continued access through the pedestrianized area. The Talisman property was platted with its only legal access to East Meadow Drive. Subsequent to this plat approval, in 1978 the Town of Vail established certain roads in Vail as "Public Malls" under the Public Mall Act of 1974. Included in the public malls was East Meadow Drive as well as other streets like Bridge Street and Gore Creels Drive. Ordinance 14 established that the "owners of the Talisman Condominium shall have the right, in perpetuity, of ingress and egress to and from their parking lot to East Meadow Drive, including access on said Drive." Other projects such as the Gasthoff Gramshammer located on Gore Creek Drive has been allowed to expand and redevelop and maintain: vehicular access through the pedestrianized area. The proposed plan greatly reduces the impacts of this access to East Meadow Drive by reducing the total number of surface spaces to eight spaces. The Talisman Condos will have access to a below grade parking space accessed from the main entrance Vail Road. Sonnenalp Redevelopment 9 Braun Associates, Inc. The improvements being made to the Talisman will improve the appearance of the parcel, as there will be reduced pavement, reduced parking, and more landscape area than exists today. 6. Retail Areas and Limitations The proposed redevelopment plan implements the Town's goal of having a vital retail area along East Meadow Drive. The Land Use Plan, the Vail Village Master Plan, and the Streetscape Master Plan all reference retail improvements along the south side of East Meadow Drive. The proposed plan includes 12,000 sq. ft. of new street level retail area (19,650 sq. ft. total existing and proposed retail /restaurant area). Retail storefronts are included on the entire Meadow Drive frontage of the Sonnenalp wing and the Swiss Chalet creating desirable pedestrian flow and strengthening of the connection between the Village core and Lionshead. The PA zone district limits the amount of retail square footage allowed on a site to 10% of the proposed GRRFA. The PA zone district was amended several years ago to promote the redevelopment of lodging facilities in the Vail Village. The retail area limitation was debated extensively during this process and at the time was proposed to be increased to allow for adequate retail activities in the core retail areas of Town. However, the retail limitation was not changed due to concerns about the potential for retail activity in the more residential areas of the Village. The Sonnenalp property is uniquely situated along a major pedestrian and retail 40 corridor. Most of the Sonnenalp's frontage is along East Meadow Drive. If the proposed plan were to comply with the Town's 10% limitation, retail could not be located along the entire building frontage therefore compromising the vitality of the retail environment and the connection to the Village core. Strict and literal interpretation of this zoning standard is in direct conflict with the Town's design goals for this area of the village. In order to implement Vail's guiding land use documents and because the Sonnenalp is uniquely situated, the Sonnenalp is seeping a variance from the 10% limitation to provide for an enhanced retail area and improved streetscape improvements. 7. Landscape Area The proposed revelopment plan complies with the overall landscape requirement for the PA zone district. The plan includes extensive landscape and streetscape improvements that implement Town goals and the Town's Streetscape Plans. However, the project exceeds the allowable hadscape that can be considered as "landscape improvements." Within the definition of landscape area regulation there is a provision that allows 20% of the landscape area to be "hardscape" (i.e., sidewalks, patios, etc). The Sonnenalp Redevelopment 10 Brawn Associates, Inc. • proposed redevelopment plan exceeds the 20% limitation placed on hardscape. The Sonnenalp is uniquely located along three road frontages: Vail Road, last Meadow Drive, and Willow Bridge Road. This site is also located in a highly pedestrianized area of the town with heavy retail activity. Thus the need for sidewalks and other hardscape improvements is necessary to accommodate adequate pedestrian .movement. The proposed streetscape master plan, the adopted streetscape master plan, and the Vail Village Master Plan all recommend the type of improvements being proposed at the Sonnenalp. These improvements, however, are in conflict with the general hardscape limitation established in the PA zone district. The applicant is seeking a variance from this general restriction on hardscape to allow the Sonnenalp to be redeveloped consistent with the Town's guiding documents. 8. Setbacks The proposed revelopment plan complies with the Town's planting documents that reference the creation of comfortable pedestrian environments and streetscapes. The PA zone district sets a general setback requirement of 20' from all property lines. However, the PA zone district also states that the Planning and Environmental Commission has the discretion to approve variations from the setback requirements subject to the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. The proposed setbacks for the Sonnenalp rodevelopment varygreatly across the site. Along East Meadow Drive the setback is Win some areas and 50' or more in the other areas such as in front of the Talisman. The buildings and sidewalks were located and designed to achieve the optimal urban design and streetscape quality rather than appirrg an arbitrary setback dimension. The Vail Village Master Plan, Urban Design Guide Plan, and Urban Design Considerations were used to praaide the direction for the building locations on this project. These documents recommend developing a pedestrian arcade along East Meadow Drive as well as providing a `framing "af the street. The p %dosed plan follows this direction. The proposed redevelopment plan also complies with the adopted and purposed Streetscape Master Plan for this area. The proposed plan provides the necessary separation of buildings and ribanan areas. New structures on the proposed plan comply with the 50'stream setback Na geolagicaly or environmentally sensitive areas exist on the site. B. Proposed building setbacks comply with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. Sonnenalp Redevelopment 11 Braun Associates, Inc. As stated above the proposed plan complies with the Vail Village Urban Design Guide flan and Design Considerations Specifically, the proposed plan provides for 0 appropriatey located pedestrian sidewalks and arcades, creates the appropriate sense of street enclosure along East 111 endow Drive, and provides for adequate landscape and hardscapc amenities, such as heatedpavers, seating areas, and light fixtures. C. Proposed building setbacks will provide adequate availability of light, air and open space. The proposed building locations will provide adequate availability of light, air and open space consistent with the Town's guiding plans and documents. As with any building developed on an east -west oriented parcel, shading will be a factor. Ijhile shading of some areas of East Meadow Drive will occur during certain Hours of the day during the winter, the impact of this shading of East Meadow Drive is not signcantly different at a setback of 20 : A sun /shade analysis has been provided to demonstrate the shadow impacts of the proposed development The arcade and sidewalk heating proposed in this area will allow the pedestrian way to be clear of snow and ice build-up. other examples of buildings that have been constructed that cast a shadow an public streets include the Austria Haus, the Lodge Promenade, and the Village Center Building. D. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. The property that is being redeveloped is surrounded on three sides by a public street and one .side by Gore Creek. The Talisman is a co- applicant with the Sonnenap and is in agreement with the setbacks and locations of buildings as currently shown on the plan. The proposed and existing buildings are separated frorra adjacent buildings by the Town's right -of ways, which are 40' to 50' in width. The Vail Village Inn project directly across the street has a similar relationship of buildings to East Meadow Drive. 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. The proposed redevelopment plan provides creative design solutions to enhance the pedestrian and retail environment along East Meadow Drive. If the plan con formed to the 20'setback the Town loses desirable improvements that implement the Town's master plan elements and goals. These include street encloswr, effective and protected pedestrian ways, and retail vitality close to the pedestrian .Zed street The proposed plan will provide significant benefits to the public in the form of streetseape enhancements, improved retail and shopping experiences, and overall aesthetic improvement that would not otherwise he realized in strict conformance with the 20' setback provision. �7� Sonnenalp Redevelopment 12 Braun Associates, Inc. Is 9. Building Height Building height proposed for these new buildings complies fully with the building height limitation of 48'. Further, the proposed plan complies with the direction given in the Vail Village Design Considerations for street enclosure. This document recommends a certain ratio exist between building faces fronting a street to the height of the buildings. The ratio recommended by the plan is 1' of building height for each 2' of building separation. The design plan also recommends an average ratio where building heights vary from side to side. 0 While there are no buildings on the north side of East Meadow Drive that are directly parallel to those proposed on the south side, the plan generally conforms to the enclosure guideline. Buildings faces on either side of the road are approximately 50' — 70' apart and the eve heights are generally 32'- 34' in height. While the new buildings as designed, fully comply with the current height limits, we do believe that additional height for the Swiss Chalet is highly desirable to meet current market conditions. The height limit of 48 feet significantly compromises the quality and functionality of the retail space and the residential units. It does not allow for meeting the demands of today's marketplace with regard to noise attenuation between the retail spaces and the residential spaces and does not allow for adequate interior ceiling heights in both the residential and the retail space. The Swiss Chalet could significantly improve its quality image and functionality by increasing the overall building height. Should the building height limits change prior to construction of the Swiss Chalet, the applicant would appreciate the opportunity to change the building height to comply with the new limits. Sonnenalp Redevelopment 13 Braun Associates, Inc. D. Zoning Analysis Zoning: Public Accommodation Lot Area: 3.301 acres or 143,791.56 sq. ft. Standard Allowed Prouoscd Density 82.5 DUs (25 /acre) 25 DUs (7.5 /acre)(16 eXisting) GRFA overall project 215,687.34 sq. ft. (150 %) 130,838 sq. ft. (91 %) (81,140 sq. ft. new GRFA) New GRFA 70/30 split 57,170 sq. ft. AU /FFU 24,216 sq. ft. DU 23,970 sq. £t. DU Retail Area: 13,083.8 sq. ft. (10% GRFA) 19,650 sq. ft. (15 9/6) *Variance Site Coverage 93,464 sq. ft. (65 %) 84,185 sq. ft. (58.5 %) Landscape Area 43,464 sq. ft. (30 %) 65,978 sq, ft. (46 %) Softscape 34,771 sq. ft. 29,697 sq. ft. * Variance Handscape 8,693 sq. ft. max. 36,281 sq. ft. Setbacks Subject to PEC Review Refer to development plan 18 Stream Setback 50' 50' + Parking: 189 spaces 189 spaces Loading Berths: 2 berths (new development) 3 berths (new development) E. Mitigation of Development Impacts The PA zone district requires that the Planning and Environmental Commission consider impacts of a development on roadways, pedestrian -ways, and the provision of employee housing. The PEC may determine that mitigation is necessary due to the impacts generated by the development or redevelopment project. Any mitigation required sanest have a direct relationship to the degree of impact proposed. The Sonnenalp redevelopment will have little impact on the infrastructure of the area, yet will help to improve the overall economy of the area. Below is a list of improvements proposed to mitigate any impact of this project on the community. 1. Streetscape Improvements The Sonnenalp redevelopment is providing substantial public streetscape improvements along East Meadow Drive and Willow Bridge Road. The Sonnenalp plans essentially implement the Town's proposed streetscape improvement plan as 40 Sonnenalp Redevelopment 14 Braun Associates, Inc. • • well as the concepts contained in the approved Streetscape Master Plan. This retail corridor will be greatly improved by providing another area for pedestrians to walk and shop. These improvements will improve the transit and vehicular access function of the road by providing new heated sidewalks and arcades for pedestrians. Much of the pedestrian improvements are occurring on the Sonnenalp property thus expanding the publicly accessible space on to private property. The Sonnenalp is proposing to cost share the streetscape improvements with the Town, since the proposed streetscape improvements implement the Town's streetscape plan and occur in the Town's right-of-way. 2. Employee Housing T'he Sonnenalp is committed to providing housing for its employees and has a long history of providing such housing opportunities for its employees. While there is no code requirement to do so, the Sonnenalp is proposing to provide housing for 14 new employees generated by the proposed net development impact. The following is the analysis of employee generation using the Town's informally adopted /unofficial employee generation ratios: Use Numbs; or Sq. ft. Multiplier Employees Retail /Service Commercial = 12,000 sq. ft. new— 1,891 sq. ft. demolished @(5/1000 sq. ft.) = 50.55 employees Restaurant /Lounge = -2,422 sq. ft. demolished @(5/1000 sq. ft.) = -12 employees Meeting rooms = -1,885 sq. ft. demolished @(1 /1000 sq. ft_) = -1.89 employees Lodging = 59 units new — 59 units demolished @(.25 /unit) = 0 employees Multi- Family = 9 units — 2 units demolished @(.4 /unit) = 2.8 employees Spa use* = 6,400 sq. ft. new -1,720 demolished @ 1.25/1000 sq. ft.= 5.85 employees Total Employees = 45.31 net increase in employees (X 0.30 multiplier) =14 new employees to be provided 3. Access and Circulation The overall impacts of traffic to the site are relatively minor. The Swiss Haus is being demolished as part of the redevelopment proposal and much of the uses are being rebuilt in new structures. Therefore the traffic impacts of this project include a net retail area increase of 7,687 sq. ft., a meeting room reduction of 1,885 sq. ft., and a net dwelling unit increase of 7 units. These changes tend to offset one another with only a negligible increase in traffic to the site. Circulation to the properties will be improved. The majority of the access for staff and guests will continue to occur at the Vail Road entrance. An entrance to the parking structure will also be provided on the east end of the site within the new Swiss Chalet building. The parking structure is connected underneath the entire development project thus allowing a freedom of movement between the buildings. Since the Talisman will be provided with parking in the subsurface structure it is anticipated that the majority of the occupants of that project will utilize the main entrance on Vail Road. Eight surface spaces will be located on the Talisman Sonnenalp Redevelopment 15 Braun Associates, Inc. property and will have access directly to East Meadow Drive. We anticipate that these spaces will be used infrequently and thus have a minor effect on the pedestrian flow along East Meadow Drive. The Talisman owners will require the ability to travel through the Town's current gate to obtain access to their property unless the Town implements its redevelopment plan which eliminates the gate all together. As stated previously, significant pedestrian -way improvements are proposed to enhance pedestrian circulation adjacent to the site. F. Floodplain Modification The Town of Vail has undergone a re- evaluation of the Gore Creek floodplain throughout the Town. This study and analysis has been submitted to the Federal Emergency Management Agency (FEMA) for approval. Once this study is approved by FEMA new maps will be produced. Until FEMA accepts this revised study, the maps produced in 1982 must be utilized. A portion of the Sonnenalp property is impacted by the floodplain line mapped in 1982. This 1982 map shows a corner of the existing Swiss Haus as well as retaining walls and improvements in the pool area as forming the edge of the floodplain. The proposed redevelopment plan includes pool and patio area modifications and building support columns within the current floodplain boundary. The building columns are located generally in the area of the existing Swiss Haus footprint, which currently encroaches within the floodplain boundary. The proposed redevelopment will modify the flood plain but have no net impact on the velocity of floodwaters, no increase in the surface elevations of floodwaters, and will have no negative impacts on neighboring properties. Therefore any proposed modification to the floodplain line can be approved by the Town of Vail as a minor modification to the floodplain line as allowed by FEMA regulations. The Sonnenalp is in the process of having a floodplain consultant develop a comprehensive analysis supporting our redevelopment plan. This analysis will be provided before final action is taken by the PEC. r1 ICJ Sonnenalp Redevelopment 16 Braun Associates, Inc. • 111. Review Factors and Criteria Below is an analysis of criteria required for the Fractional Fee Club and the Variances being requested: 1.. Conditional Use Permit for Fractional Fee Club Before acting on a conditional use permit application, the Planning and Environmental Commission (PEq shall consider the factors with respect to the proposed use: a. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Our Analysis: The fractional fee club is being proposed in an area of the Vail Village that has been indicated by the Town's master planning documents as areas appropriate for mixed use lodging, commercial, and residential uses. The proposed structure containing these fractionalfee units complies with the PA done district and with the Town's development standards. The proposed fractional fee club will have little, f any, impacts relating to the above list of criteria. b. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Out Analysis: The fractional fee club is beingproposed on the east end of the development site. Access to these units will be through either the existing Vail Road entrance or to the new Swiss Chalet entrance from Willow Bridge Road to a subsurface parking area. The proposed entrance and loading and delivery are located in an area identified by the Town's planning documents as appropriate for this vehicular activity. The trafac flow is proposed to be consistent with the Town's streetscape improvement pCan for the area. Snow removal will not be required f vm parking areas as parking is located underground and is protected from the elements The proposed fractional fee club complies with these criteria. c. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Our Analysis: The fiadional fee club is being proposed on the east end of the development site in a building that includes residential condominiums and commercal uses This area of the Vail pillage is characterised by multi -story residential, lodging, and commercial buildings developed at close proximity to the street. Thepmposed Swiss Chalet Building is consistent with the character of the Sonnenalp Redevelopment 17 Braun Associates, Inc. area in terms of use, physical scale, and bulk,. Additionally, the proposed fractional fee club is consistent with the Town's Zoning code, development standards, and design guidelines. d. Prior to the approval of a conditional use permit for a tune -share estate, fractional fee, fractional fee club, or time -share license proposal, the following shall be considered: If the proposal for a fractional fee club is a redevelopment of an existing facility, the fractional fee club shall maintain an equivalency of accommodation units as presently existing. Equivalency shall be maintained either by an equal number of units or by square footage. If the proposal is a new development, it shall provide at least as much accommodation unit GRFA as fractional fee club unit GRFA. • Lock -off units and lock -off unit square footage shall not be included in the calculation when determining the equivalency of existing accommodation units or equivalency of existing square footage. • The ability of the proposed project to create and maintain a high level of occupancy. ■ Employee housing may be required as part of any new or redevelopment fractional fee club project requesting density over that allowed by zoning. The number of employee housing units will be consistent with employee 40 impacts that are expected as a result of the project. ■ The applicant shall submit to the Town a list of all owners of existing units within the project or building; in written statements from 100% of the owners of existing units indicating their approval, without condition, of the proposed fractional fee club. No written approval shall be valid if it is signed by the owner more than 60 days prior to the date of filing the application for a conditional use. Our Analysis: The proposed fractional fee club is part of a new lodging facility. Equivalencg is being maintained on the property by cneating 46 new hotel rooms with 32,615 sq. ft. GRFA as a new wing on the Sonnenap Motel. Lockoff square footage was not used in the equivalency analysis. 7he nature of a fractionalfee guarantees that the faciliy will operate with a high degree of occupancy .since units will be available to rent when owners are not using the unit. Errr�iloyee housing is being proposed to mitigate for the net inarase in employees needed to operate this facility. The Sonnenap owns all existing dwelling units in the Sonnena p project and therefore no additional list of existing unit owners is necessary. • Sonnenalp Redevelopment 18 Braun Associates, Inc. 2. Variance from 10% Retail Limitation and 20% Hardscape Limitation Before acting on a variance application, the Planning and Environmental Commission shall consider the following factors with respect to the requested variance: a. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Oux_Analysis: Retail Limitation: The PA done district is unique in that it is the only Zone district listed in the "Commercial and Business Districts" that limits the amount of retaill restaurant area. The Sonnenao is a unique PA propery in that it is located along a pedestrianised street in a Mail and shopping area. ,both the Vail Village Master Plan and the Vail Land Use Plan recommend extension of retail activities in this area to `improve the linkage" between Lionshead and the Vail Village. The firrm, posed redevelopment plan provides a modest amount of retail and restaurant .pace, however, exceeds the PA retail limitation. Another unique quality of the Sonnenalp's location is that is across the street f vni three major retail centers: the Vail Village Inn, the Crossroadf Shopping Center, and the Villa ge Center building. These properties enjoy the same relative location within the Town but they are not 40 limited with respect to retail area. The proposed variance is consistent with the Town's guiding documents and is consistent nth other properties in the area. • i I ardscape (imitation: The proposed Sonnenalp redevelopment exceeds the landscape requirement that 30% of the site be in the form of landscape area. Wlithin the definition of landscape area rogulation them is a provision that allows 20% of the landseape area to he in the form of "hardlscape" (i.e., sidewalks, patios, etc). Wlbzle the proposed plan exceeds this limitation on hndscape, the plan implements the Streetrcape Master Plans far this area as well as the Vail Village Master Plan by providing the plaa and streetscape improvements recommended by those plans. It is these stretscape and pedestrian improvements that are causing the need_ far a variation to the bndscape li'mitation. The proposed variation is no greater than thatgranted to the Vail Village Irirr project (approved as an SDD) which is located directly across East Meadow Drive or any other development located in the mixed -use area of the village core. b. 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. 5onnenalp Redevelopment 19 Braun Associates, Inc. Our Analysis: Retail Limitation: The Sonnenalp property is located in a highly commercialised area of the Town. All of the properties located along the East Meadow Drive corridor are minced use projects with extensive retail and commerrial uses. The proposed variance will allow the Sonnenap to enjoy a minimal increase in the retail limitation and allow this property to operate con istent with other prnperxies in the area. The proposed variance will not be a grant of .special privilege due to the unique location of the Sonnena property and due to the direction given by the Vail Village Master ,plan to create a lively retail corridor in this area. Hardscape Limitation. The degree of reliefproposed is the minimum necessary to attain the objectives of the Vail Village Master Plan, Urhan Design Guide Plan, and the Vail Village Design Considerations. Very few sites within the Villa ge Core area are able to campy with this limitation due to the urhan and pedestrianized character of the area. While the Sonnenao properties exceed the hardscape provision, the redevelopment is increasing the amount of landscape area found on the site overall. There is no grant of special privilege with the proposed application. • c. Ile effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety, 40 Our Anal�,sis: The proposed variances will have minimal, if any, adverse ffect on the above criterion. 0 Sonnenalp Redevelopment 20 Bratm Associates, Inc. 0 IV. Comprehensive Plan Coals and Direction • The Town's master planning documents have been analyzed with respect to the proposed redevelopment project. Below is a list of the Town's guiding documents followed by a list of goals and objectives that are consistent with the proposed redevelopment plan. Items listed in italics are of particular importance to the proposed redevelopment plan. A. Vail Laird Use Plan 1. General Growth /Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded wbeneverpossible. 1.4 The original theme of the old Village Corr should be carried into new develo�rrzent in the Village Core throargh continued implementation of the Urhan Deagn Guide Plan. 1.12 flail should accommodate most of the additionalgrvwth in existing developed areas (infll areas). 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. 2. Skier /Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 3. Commereial 3.1 The hotel bed base should be preserved and used morie Sociend y. 3.2 The Village and Lionshead areas are the best location for hotels to serve the future needs of the destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in exi rung commercial areas to accommodate both local and visitor needs. Sonnenalp Redevelopment 21 Braun Associates, Inc. 4. Village Core /Lionshead 0 4.1 Future commercial development should continue to occurprimarily in existing commercial areas Future commercial development in the Fore areas needs to be carefully contmlled to facilitate access and delivery. 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 Guide Plan and the Vail Village Master Plan. 4.3 The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality). 4.4 The connection between the Village Core and Lionshead should be enhanced through: a) Installation of a new type of people mover. b) Improving the pedestrian system with a creatively designed connection, oriented toward a nature walk, alpine garden, and /or sculpture plaza. c) New development should be controlled to limit commercial uses. 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. 5.2 Quality tinge -share units should be accommodated to heo keep occupancy rates up. 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. • 5onnenalp Redevelopment 22 Braun Associates, Inc. 0 B. Vail Villa-e Master Plan (WMP 1. Land Use Plan The Land Use Plan found in the VVMP recommends mixed -use commercial /residential uses and medium /high density residential uses for the Sonnenalp properties. The proposed plan is consistent with these designations. 2. Open Space Plan The Open Space Plans recommends that a plaza space be created at East Meadow Drive near the Crossroads Shopping Center. The proposed plan provides a plaza space in this area.. Parking and Circulation Plan The Parking and Circulation Plan identifies an area along Willow Bridge Road adjacent to the Swiss Haus as the appropriate location for loading and delivery. The loading and delivery area on the proposed plan is located beneath the new Swiss Chalet building in this same location. 4. Action Plan Policy 1 -3 states that the Sonnenalp property is an appropriate location for infill commercial, residential, and lodging uses. The plan recommends that walkways, arcades, and plaza spaces be provided to interact with the Vail Village Inn property and to provide pedestrian flow to the east and west. The proposed plan implements this policy. Policy 1 -4 states that the Swiss Haus property is an appropriate location for infill commercial development. This policy recommends a plaza area on the corner of Willow Bridge Road and East Meadow Drive. The proposed plan implements this policy. Policy 1 -5 states that a decorative pedestrian walkway should be developed along the Swiss Haus frontage to encourage pedestrian circulation to and from East Meadow Drive. The proposed redevelopment plan provides a pedestrian walkway consistent with the proposed Streetscape Plan. 5. Goals Goals for Vail Village are summarized in six major goal statements. The goal statements are designed to establish a framework, or direction, for future development of the Village. The goals, along with the established objectives and policies are to be used in evaluating a proposal during the development review process. The following goals, objectives and policies are consistent with the proposed redevelopment plan: Goal #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. Sonnenalp Redevelopment 23 Braun Associates, Inc. 1.1.l Po_hcv: Development and improvement projects approved in the Village shall be consistent with the goals, objectives, policies and design considerations as outlined in the Vail Village Master Plan and Urban Design Guide Plan. 1.2 Objective: Encourage the upgrading and redevelopment of residential and commercial facilities 1.2.1 Policy: Additional development may be allowed as identified by the action plan as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. 1.3 Obj- ective: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the Town. 1_3.1 Policy: Public improvements shall be developed with the participation of the private sector working with the Town. Goal #2 To foster a strong tourist industry and promote year -round economic health and viability for the Village and for the community as a whole. 2.1 Objective: recognize the variety of land uses found in the 10 sub -areas throughout the Village and allow for development that is compatible with these established land use patterns. 2.1 The zoning code and development review criteria shall be consistent with the overall goals and objectives of the Vail Village Master Plan. 2.3 Objective: Increase the number of residential units available for short -term, overnight accommodations. 2.3.1 Policy: 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. 2.4 Objective: Encourage the development of a variety of new commercial activity where compatible with existing land uses. 2.4.1 Policy: Commercial infill development consistent with established horizontal- zoning regulations shall be encouraged to provide activity generators, accessible green spaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. 2.5 Objective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. • Sonnenalp Redevelopment 24 Braun Associates, Inc. • • 2.5.1 Policy_ Recreation amenities, common areas, :meeting facilities and other amenities shall be preserved and enhanced as a part of any redevelopment of lodging properties. 2.5.2 Policy:. The Town will use the maximum flexibility possible in the interpretation of building and fire codes in order to facilitate building renovations without compromising life, health and safety considerations. 2.6 Ol�ective: Encourage the development of affordable housing units through the efforts of the private sector. 2.6.2 Polio Employee housing shall be developed with appropriate restrictions so as to insure their availability and affordability* to the local work force. Goal #3 To recognize as a top priority the enhancement of the walking experience throughout the Village. 31Objective: Physically improve the existing pedestrian ways by landscaping and other improvements. 3.1.1 Policy: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. 3.1 .2 Public art shall be encouraged at appropriate locations throughout the Town. 3.1.3 Policy: Flowers, trees, water features and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. 3.2 Objective: Minimize the amount of vehicular traffic in the Village to the greatest extent possible. 3.2.1 Pohl Vehicular traffic will be eliminated or reduced to absolutely minimal necessary levels in the pedestrianized areas of the Village. 3.3 Objective: Encourage a wide variety of activities, events and street He along pedestrian ways and plazas. 3.3.2 PoEs;T Outdoor dining is an important streetscape feature and shall be encouraged in commercial infill or redevelopment projects. 3.4 Objective: Develop additional sidewalks, pedestrian -only walkways and accessible green space areas, including pocket parks and stream access. Sonnenalp Redevelopment 25 Braun Assoc rates, Inc. 3.4.1 Policy: Physical improvements to property adjacent to stream tracts shall not further restrict public access. 3.4.2 Policy: Private development projects shall be required to incorporate new sidewalks along streets adjacent to the project as designated in the Vail Village Master Plan and /or Recreation Trails Master Plan. Goal #4 To preserve existing open space areas and expand green space opportunities. 4.1 Objective: 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. 11 .2 Policy: The development of new public plazas, and improvements to existing plazas (public art, streetscape features, seating areas, etc.), shall be strongly encouraged to reinforce their roles as attractive people places. 4.1.4 Policy: Open space improvements including the addition of accessible green space as described or graphically shown in the Vail Village Master Plan and /or Urban Design Guide Plan, will be required in conjunction with private infill or redevelopment projects. 0 Goal #5 Increase and improve the capacity, efficiency and aesthetics of the transportation and circulation system throughout the Village. 5.1 ObJective: Meet parking demands with public and private parking facilities. 5.1.15.1.1 Policy: For new development that is located outside of the Commercial Core 1 Zone District, on -site parking shall be provided (rather than paying into the parking fund) to meet any additional parking demand as required by the Zoning Code. 5.1.3 Policy: Seek locations for additional structured public and private parking spaces. 5.1.5 Policy: Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. 5.2 Objective: Encourage the use of public transportation to minimize the use of private automobiles throughout Vail. 5.2.2 Policy: The Town shall facilitate and encourage the operation of private shuttle vans outside of the pedestrianized core area. 0 Sonnenalp Redevelopment 26 Braun Associates, Inc. • • Goal #6 To insure the continued improvement of the vital operational elements of the Village. 6.1 Objective: Provide service and delivery facilities for existing and new development. 6.2 Objective: Provide for the safe and efficient functions of fire, police and public utilities within the context of an aesthetically pleasing resort setting. 6.2.1 PohqL: Development projects and other improvements in Vail Village shall be reviewed by respective Town departments to identify both the impacts of the proposal and potential mitigating measures. Sounenalp Redevelopment 2 Braun .associates, Inc. C. Vail Village Urban Design Guide Plan and DesigM Considerations Below is the list of Urban Design Considerations found in the Vail Village Design Considerations. Each of these criteria is being implemented in some form by the proposed redevelopment plan. Pedestrianization /Vehicle Penetration The Design Considerations recommend differing levels of pedestriaruzation within the Vail Village. The goal of the plan is to create pedestrian circulation system that is interconnected and pleasant for the pedestrian. The design plan recognizes that "vehicular traffic cannot be removed from certain streets" and therefore a "totally car -free pedestrian system is not achievable throughout the entire Village." Many streets within the Village have car, delivery, and bus traffic. For instance, Gore Creek Drive is used for access to the Gasthoff Gramshammer and the Sitzmark Lodge by delivery vehicles and guest vehicles and Bridge Street and Hanson Ranch Road are used for access by delivery vehicles and guest cars to the Fridge Street Lodge and other residential properties. All of the guest access and parking and loading a delivery to the Sonnenalp properties is accessed from Vail Road and Willow Bridge Road (via Village Center Drive). The majority of the Talisman (a 16 -unit condominium) traffic will also access through the Sonnenalp's parking garage (16 parking spaces) from Vail Road. The remainder of the Talisman access will occur from East Meadow Drive (8 total parking spaces) via Village Center Drive. The Talisman's access was originally established from east Meadow Drive via an access easement in the late 1960's. In the 1970's the Town of Vail created "public malls" pursuant to the Public Mall Act of 1974 to limit the amount of vehicular traffic on certain streets. The Talisman was guaranteed access from East Meadow Drive by Ordinance 14, Series of 1978 for all of its 20 parking spaces. The proposed redevelopment plan reduces the effect of the Talisman access by reducing the surface parking spaces to 8 spaces and providing one underground parking space for each of the 16 condominiums. The plan proposes a reasonable compromise in order to reduce the impacts of private cars on East Meadow Drive. The existing bus traffic on this street creates more interruption to pedestrian traffic that the few vehicles accessing the Talisman will. 2. Streetscape Framework The Design Plan recommends that streets be framed by buildings, storefronts, and landscape /open space improvements. The proposed redevelopment plan provides for a street framework with a mixture of arcades, pedestrian walks, plazas, and storefronts. The proposed plan implements many of the goals of the proposed and adopted Streetscape Master Plan and the Vail Village Master Plan. 3. Street Enclosure The Urban Design Plan recommends that streets in the Vail Village be framed by buildings to create a comfortable and safe cxpetience for pedestrians and shoppers. 5onnenalp Redevelopment 28 Braun Associates, Inc. go Enclosing street with buildings, as with Bridge Street, creates visual interest and stimulates the retail experience. As discussed earlier, the proposed redevelopment plan implements the concepts found in the 'town's Design Plan. 4. Street Edge The Design Plan recommends that buildings within the village form a strong but irregular edge to the street. The plan encourages buildings to be located at or near property lines in order to give strong definition to the pedestrian corridors. The plan also recommends breaks in buildings along a street to create visual interest. The proposed redevelopment plan provides an area of arcade along the street, open areas along the street, plaza areas long the street. The project uses a combination of recommended strategies to create an interesting and functional street edge. 5. Views No adopted view corridors exist in the area on or adjacent to the Sonnenalp property. G. Service and Delivery The Design Plan recommends that service and delivery areas be located in areas where they have the least impact on pedestrian ways. The plan also recommends that these service areas be located under ground where feasible. The proposed redevelopment plan provides loading and delivery areas below grade and in the area recommended by the Vail Village Master Plan. The area proposed will have minor impacts to the pedestrian areas of the village. 7. Sun /Shade A sun /shade analysis has been provided with the application materials. The parameters and standards found in the Design Plan are generally applicable to the Village Core area (areas zoned CC1) and is less applicable to other areas, such as areas zoned PA. The propose sun /shade analysis shows that during certain periods of the day and year the proposed buildings will cast shadows on East Meadow Drive. Whether the building is located on the property line of setback 20' this shading will occur. There are significant breaks along ui the building facade along East Meadow Drive, such as the break where the Talisman property is located. Therefore there will be significant areas along the street that never receive shade. The proposed redevelopment will provide heating in sidewalks to prevent the accumulation of ice and snow. Sonnenalp Redevelopment 29 Braun Associates, Inc. D. Streetseape Master Plan The adopted Town of Vail Streetscape Master Plan recommends the development of pedestrian improvements along the south side of East Meadow Drive. 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I f I I I I E� 1 r r I � . = f mm m r `•r nlip=j ice... - _ -- a —.■ ■ ■ — ■■ -- -_- -_ unk ■ua __ _- _ °___-__ I:.■■ Lis■ 1 , pj OSCE I I r.�lolll i rr I - -� _ t- Im: . ,`, i � li .. 1 ■.... ■ :� .Y :.r ice... - _ -- a —.■ ■ ■ — ■■ -- -_- -_ unk ■ua __ _- _ °___-__ I:.■■ Lis■ 1 , pj OSCE I I r.�lolll i rr I - -� _ t- Im: . ,`, i � li .. 1 -1 Mill rem ■ wi Lm:!!ijmll Lo N iii gal mm • • m o CI] N r [�CrS �rr Srri � f 1 t C�. C] '1 i C y.r rb .*., u4 'Q rcl p-, � o C CV 4.1 Q i� a a 2 6w • 0 • ni P-4 C� Cf) O lg� ul Ll • • • sn cv r4 N c+3 U) �t r.C7 j© • C] ■lr 1 G� Q� cn' r� T O C6 b �3 rL ro oN U] O � `C r+. • • • Vail Village Master Plan Vi. ILLUSTRATIVE PLANS The Illustrative Plans provide an overview of the long range goals and objectives for future development of the Village. Each plan depicts a key element that contributes to the character and function of Vail Village. These elements include land use, open space, circulation and building heights. Together these plans reflect the Master Plan's goals, objectives and policy statements. They provide the criteria for evaluating development proposals and planning for future public improvements. 0 A summary plan, referred to as the Action Plan, is a composite of the identified changes and improvements from each of the Illustrative Plans. The Action Plan graphically summarizes proposed public and private sector changes for Vail Village. Attachment: E 23 LAND USE PLAN There is a well - defined overall pattern of land use throughout the Village that establishes one of its more pleasant characteristics. The greatest variety and intensity of uses are found within the Village Core Area and along the pedestrian ways of East Meadow Drive. The mixed use character of these areas make significant contributions to the vitality of the pedestrian experience in the Village. Land uses surrounding these areas are predominantly residential with a mixture of lodging, condominium, and low density residential development. Other land use designations in the Village include heavy service, public facility /parking, and ski base /recreation. Maintaining the general pattern of existing land uses is a stated goal for Vail Village. While some changes in land use are indicated by this Plan, they respect the existing character that has been established throughout the Village. Changes to existing land uses have been recommended in response to other goals of The Village Plan. specific improvements and developments associated with these changes in land use are expressed in greater detail on the Action Plan and in the Sub -Area section of this Plan. Land use categories in Vail Village include the following: Low Density Residential: The Mill initial subdivision of Vail and is Village made up of exclusively low development. Development in this to two units per lot. There are a comprising approximately 6.5 acres Creek Circle area was the the only neighborhood in the density residential Land use category is limited total of 19 duplex zoned lots in this land use category. Medium Hi h Density Residential: The overwhelming majority of the Village's lodge rooms and condominium units are located in this land use category. Approximately 1,100 units have been developed on the 27 acres of private land in this category. In addition, another 110 units are approved but unbuilt. It is a goal of this Plan to maintain these areas as predominantly lodging oriented with retail development limited to small amounts of "accessory retail ". Mixed Use: This category includes the "historic" Village core and properties near the pedestrianized streets of the Village. Lodging, retail and a limited amount of office use are found in this category. With nearly 270,000 square feet of retail space and approximately 320 residential units, the mixed use character of these areas is a major factor in the appeal of Vail Village. C] 24 Ski BaseORecreation: Located at the base of Vail Mountain in the Golden Peak area and immediately adjacent to Vail Village, this designation is intended to provide for facilities and services inherent in the operation of a ski area: Ski trails, lifts, base facilities, public restrooms and ticket sales. Public Facilit Parkin : The only property in this category is the Town -owned parking structure and adjacent surface parking lot. Existing uses include public and charter bus parking, transportation facilities and a limited amount of office and retail activity. Potential changes to the character of these uses would be the introduction of other public purpose activities such as a visitor center, performing arts center, etc. 25 LU IT, Wish Shy t;z ILL I I Ito fill lot g I lit li lxlbi V2 ...... IOU D VIVO lL • 0 • OPEN SPACE PLAN Four different classifications of open space are indicated on the Open Space Plan. The types of open space vary from greenbelt natural open space to the more urbanized open space created by the Village's numerous public plazas. While the role of each of these forms of open space varies, they all contribute to the recreational, aesthetic, and environmental features of the Village. For the purposes of this Plan, open space is defined as conditions at the existing natural grade of the land. The following further defines each of these four types of open space: Greenbelt Natural open Space: Greenbelt Natural Open Space is designed to protect environmentally sensitive areas from the development of structures and to preserve open space in its natural state. Areas designated as Greenbelt Natural Open Space are dominated on the south by undeveloped portions of Vail Mountain adjacent to the Village. Stream tracts in the Village are also designated as Greenbelt Natural Open Space. Development in these areas is limited to recreation related amenities such as ski base facilities, pedestrian walkways, bikeways, and passive recreation areas. Parks: Parks occur on publicly owned or leased land and are developed to varying degrees. a. Ford Park is a major park facility located at the easterly edge of the Village. It provides recreational activity for the entire community with a variety of developed improvements, including structures, and less developed open areas. b. Active Recreation areas such as tennis courts and tot lots provide opportunities for specific recreational activity on sites with developed improvements. C. A number of pocket parks are either existing or planned throughout Vail Village. Pocket parks provide valuable open space for both active and passive recreation as well as contrast from the built environment. Planted Buffers: Planted buffers provide visual relief from roadways and surface parking areas and establish entry ways into the Village. Buffers indicated on this Plan are important landscape features and should generally be preserved. Plazas with Greens ace: Plazas with greenspace are "urban open space." They contribute significantly to the streetscape fabric of the Village. Formed in large part by the buildings and spaces around them, plazas with greenspace provide relief from the built environment, a place for people to gather or relax, areas for special entertainment or other activities and possible location for landscaping, water features, benches and public art. 27 rr ) I ) W, ' liv Il JAY '41 - mai NO Z Z I 1J P .E.. � yy LLI VIA pixy, w win 00 I Oak .'l J 13 461, 'I 11 ....... L-�'Iy1 x1144 ............ fit I 1p k • • • PARKING AND CIRCULATION PLAN The Parking and Circulation Plan recognizes the established pattern of parking and circulation throughout Vail Village. The parking and circulation system is an important element in maintaining the pedestrianized character of the Village. This is accomplished by limiting vehicular access at strategic points, while allowing for necessary operations such as bus service, loading /delivery and emergency vehicle access. The Town's bus system is crucial to controlling and limiting vehicular access to Vail Village. The bus system greatly reduces the reliance on private automobiles, resulting in a reduction of vehicular traffic in the Village's pedestrianized areas. Aesthetic, as well as functional considerations are important to the Village's circulation system. A long standing goal for the Village has been to improve the pedestrian experience through the development of a continuous network of paths and walkways. As a result, the irregular street pattern in the Village has been enhanced with numerous pedestrian connections linking "plazas with greenspace" and other forms of open space. Located in and along this network are most of the Village's retail and entertainment activities. While the majority of the circulation system within the Village is in place, a number of major improvements are proposed to reinforce and increase existing pedestrian connections, facilitate access to public land along stream tracts, and further reduce vehicular activity in the core area. W \Y lit u 1 1, jl lWY N ;V p�j rvkl��J - it L:L 0, '1 VP All j J I P 4. !IfT; if f �m 0 uu f �m 0 • C BUILDING HEIGHT PLAN Generally speaking, it is the goal of this Plan to maintain the concentration of low scale buildings in the core area while positioning larger buildings along the northern periphery (along the Frontage Road), as depicted in the Building Height Profile Plan. This pattern has already been established and in some cases these larger structures along the Frontage Road serve to frame views over Vail Village to Vail Mountain. The Building Height Plan also strives, in some areas, to preserve major views from public right -of- ways. Building heights greatly influence the character of the built environment in the Village. This is particularly true in the Village Core where typical building heights of three to four stories establish a pleasing human scale. The building heights expressed on this Illustrative Plan are intended to provide general guidelines. Additional study should be made during specific project review relative to a building's height impact on the streetscape and relationship to surrounding structures. Specific design considerations on building heights are found in the Sub -Area section of this Plan and in the Vail Village Urban Design Guide Plan. 31 k.P11lt1S,, Z Zj V r• _ 05M r a (r U mx i ' '� h li 1� "•l ,� 1 ' �- l r� f I f�rh : I ,a � c � g n J F �` - �'. I t ;c , r h ll 1 iU �. I l ;i .e, �� ,A' � ;1V • �' � ° cxi �_ � _ Cp 3 yy I, � ! � d:� 31 ! �,•) ``'Z �' �rf +•,f }I� *trJ ++1ppfalrifSS4��, °�� u u �°��"_ °<o .�• I�I J �,, _ '.-�!r +�17r�`rIC IA(Pr'I + }1�1�r4 -'',,4 �•._ � n� ° o� T "� r} , 3 " �,.. / � II `I 1, f � /tl•' F� S�' �i9 Fzz hr �r rr�, 1 � ! — � /( '; Y � I I'1 1��•1+rlj'� /�T%�/�jp7 �'�1 � �s d �' w�� � L iI "fII J ''III � r ���• � c%� N� 1i a a �� 1 '�'`• � , : � ?v -iN , 1 M i' ! i'r ?i' ill }� f 11•I� --f � �� +� �Y�' ' 6 �.5� I r 1 "'Il l 15 '1/' Il I �!�� Y/ r4}S i _ �I q I it II Ir'�''rs ,, 7r g., 1 I "IN fl�l 0 • n o� .Y, L S wlb�, C. • LLJ 0 Z 0 cc LL 5 Ir Z 0 W W (1) cc 0 a Fr cc 0 W J V c ©Vu.. Z 0 V W U) cc 0 V �W V J C3 Z (1) CI Z co 'a� S ACTION PLAN The Action Plan indicates potential development and improvement projects that would be consistent with the goals, objectives and policies of the Vail Village Master Plan. The Action Plan is a composite of the Land Use, Open Space, Parking and Circulation and Building Height elements. Areas identified by the Plan as having potential for additional development have previously received Town approvals or have been recognized as being consistent with the various elements of the Master Plan. However, the Action Plan is not intended to be an all - inclusive list of improvements which may occur or an indication of Town approval for any specific development proposals. The review of any development proposal will be based upon compliance with all relative elements of the Village Master Plan. Numerical references found on the Action Plan map refer to more detailed descriptions of proposed improvements, located in the sub - Area section of this Plan. These descriptions provide a detailed account of the goals, objectives, and design considerations relative to each of the development and improvement projects. Graphic representation of improvement projects on the Action Plan are not intended to represent design solutions. sub -area concepts, applicable goals, objectives, and policies of this Plan, zoning standards and design considerations outlined in the Vail Village Urban Design Guide Plan are the criteria for evaluating any development proposal. Furthermore, private covenants exist in many areas of Vail Village and should be a consideration addressed between a developer and other applicable private property owners. 33 • i �J ri i .�'� r EE a / / 4 -� ! 4 r ( ¢ 1. - a e fc 9 c� d W rr L; ]' IL Ito 1111(71 #P/ 3a IT qj ai �i} 1 r lff� r s. in { �111rj r l. ; ",•vL- "1 �b r + l i t t C _111' UUUIII ?f c j � � n�ll•[: flff�ililfdrrl i Si �Yl,}{,�, Ii5 u i i .� S r • BRETT STEVEN HECKMAN TERRENCE PATRICK O'CONNOR OF COUNSEL GILLIAN COOLEY MORRISON GRANT W. RIVA DIANE H. MAURIELLO Matt Mire, Esq. Town Attorney Town of Vail 75 South Frontage Road Vail, Colorado 8I657 HECKM.A.N & O'GONNOR PROFESSIONAL CORPORATON ATTORNEYS AT LAW POST OFFICE DRAWER 7225 EDWARDS, COLORADO B 1532 June 7, 2002 TELEPHONE 49701 926-5991 FACSIMILE 19701 926-5995 PHYSICAL ADDRESS 97 MAN STREET SUITE W204 EDWARDS, COLORADO 51632 Re: Sonnenalp Redevelopment/Talisman access to East Meadow Drive Dear Mr. Mire: I represent the owner of the Sonnenalp property who is currently working with the Talisman Condominium Association on a redevelopment plan for the Sonnenalp property located on East Meadow Drive. The purpose of this letter is to explain our project and to resolve an access issue related to the Talisman that has been raised by the Town staff. Below is a summary of issues affecting the redevelopment proposal for the Sonnenalp properties. The Project: The Sonmenalp is proposing to redevelop its property located on the corner of Vail Road and East Meadow Drive (the existing Sozuzenalp hotel) and its adjoining property located at the corner of East Meadow Drive and Willow Bridge Road (the Swiss Haus). The Sonnenalp hotel will be expanded with a new hotel wing fronting directly on East Meadow Drive. The Swiss Haus will be demolished and replaced with a new building containing fractional fee club units, condominiums, and retail areas. Between these two parcels is the Talisman Condominiums, a privately owned residential building with 16 dwelling units. The Talisman structure is not proposed to be modified, however, underground parking will extend under this property. We have been working closely with the Talisman property owners in the development of our plans and are now in agreement with the proposed plans. The Talisman will have eight surface parking spaces and 16 underground parking spaces. Access to the Sonnenalp hotel and new Swiss Haus will be from Vail Road and Willow Bridge Road, respectively. Access to the Talisman will be from East Meadow Drive. The Sonnenalp has been working with the Talisman for over a year to come to agreement on the proposed Sonnenalp plans. The only access solution acceptable to the Talisman is access to East Meadow Drive where, in any event, the Talisman's legal access exists today but is not utilized. Attachment: F Matt Mire, Esq. Town Attorney Town of Vail dune 7, 2002 Page 2 Town of Vail Streetscape Project: We have been working with the Town and the streetscape designers for Meadow Drive for the last year. We alerted the town as to the existence of an easement for legal access to the Talisman on numerous occasions; however, the Town's proposed streetscape plans continue to preclude vehicular access to the Talisman. Presumably, the Town's assumption is that the Sonnenalp must continue to provide access for its neighbor across the Sonnenalp's property. Both the Talisman and the Sonnenalp disagree with the Town's position. Background on the Talisman Property: The Talisman was the first structure developed on the south side of East Meadow Drive in this location. It was developed in 1969 and platted in 1970. The plat indicates a "land locked" Talisman parcel with an access easement connecting the Talisman parcel to East Meadow Drive. This easement represents the Talisman's only legal access to a public street. In 1978, the Town adopted Ordinance No. 14 which established a pedestrian mall on, among other places, East Meadow Drive from Gore Creek Road to Vail Road with certain exceptions. A copy of the Ordinance is attached as Exhibit A. The Ordinance expressly provides that notwithstanding its provisions, "the owners of the Talisman Condominiums shall have the right, in perpetuity, of ingress and egress to and from their parking lot to East Meadow Drive, including access on said Drive." See Section (9)(a)(i). In 1992 the Talisman and the Sonnenalp entered into an agreement to allow Talisman vehicular access through the Sonnenalp property, however, this was a temporary arrangement and is being modified by agreement of the two property owners. Additionally, a vehicular access point for the Talisman was also established on the east end of the property providing access from East Meadow Drive. This east end access also provided fire department access to the Talisman building. This access also has not been utilized. Legal Issues: A copy of the 1970 plat of the Talisman Condominium project showing the easement to East Meadow Drive is attached Exhibit B. A copy of the March 31, 1992 Agreement between Sonnenalp Properties, Inc., and the Talisman Condominium Association is attached as Exhibit C. In paragraph 4 of the agreement, the Sonnenalp grants the Talisman a non - exclusive access license over and through the Sonnenalp property to Vail Road. Paragraph 9 provides that the license is temimable "upon the commencement of construction by Sonnenalp of any subterranean parking garage." As stated, the Sonnenalp intends to construct an underground garage. The Talisman access license will then terminate, The Talisman will then be landlocked but for the access easement to East Meadow Drive. The Town staff's position that streetscape plans preclude the Talisman's use of its access easement is untenable. The Sonnenalp redevelopment plan is acceptable to the staff in all respects other than the requirement that the Talisman will utilize the access easement to East r� Matt Mire, Esq, Town Attorney Town of Vail Page Pale 3 Meadow Drive. The staff s position, if adopted by the Town, would have three legally impermissible results. First, deprivation of the casement would be a violation of and taking under Ordinance No. 14, Series of 1978. Second, the Town effectively would be vacating the Talisman's only legal access. C.R.S. § 42- 2-303(2)(a) provides that no platted roadway may be vacated so as to leave any land adjoining that roadway without an established public road or private easement. A copy of the statute is attached as Exhibit D. Third, the Town staff's attempt to impose upon the Sonnenalp an obligation to perpetuate an otherwise revocable license is clearly a substantial and unreasonable interference with, and arguably a condemnation of, the Sonnenalp's reasonable expectations as to the normal development of its property. By analogy, in a condemnation proceeding, a condemnor would have to show that the Talisman's private access through the Sonnenalp would be indispensable or a necessity for ingress and egress. In light of the fact that the Talisman has an access easement to East Meadow Drive, it would seem that the Town could not meet such a heavy burden. See, e.g., Bear CreekDevelopinent Corp. v. Genesee Foundation, 919 P.2d 948 (Colo. App. 1996). A copy of the case is attached as Exhibit E. The case is not directly on point but it is helpful regarding the burden of proof associated with establishing or vacating access easements, and a property owner's reasonable expectations as to the development of property. Our plan is to submit applications for the Sonnenalp redevelopment this month. Our hope is to resolve this access issue with the Town prior submitting our plans. I hope the information provided herein will convince you and the Town staff that the Talisman has a legal right to access from East Meadow Drive_ At a minimum, I ask that you intervene and discuss with the Town staff alternatives to what appears to be the staff's intransigence on this issue. Obviously, discussion needs to take place as to the practical implementation of access to the Talisman and the incorporation of the Sonnenalp redevelopment into the Town's long -term planning and growth; however, the- staffs all or nothing position on the issue is counterproductive. We are confident we can demonstrate that this limited access will not detract from the pedestrian and transit nature of this road given the few number of vehicles that would use this access. A good example of this is that the Gasthof Gramsharnmer Hotel, which was recently expanded, has operated within the village for years without detracting from the pedestrian nature of the area. We hope you will conclude the same about the Talisman. • Matt Mire, Esq. Town Attorney Town of Vail June 7, 2042 Page 4 Please give me a call if you have any questions or for further discussion if you wish. Otherwise, Tom Braun and Associates, the Sonnenalp's planning and design consultants, will forge ahead with the Town staff. Thank you for your consideration of the foregoing. r, r es ectfully Brett Steven Heckman BSH.jac enclosures r 1 L � • • • • r1 �i e ORDINANCE NO. E Series of 197 T AN ORDINANCE OF THE TOWN COUNCIL ESTABLISHING; PEDESTRIAN MALLS ON BRIDGE STREET, GORE CREEK DRIVE PROM WILLOW BRIDGE ROAD TO A LATE WHICH IS THE EXTENSION OF 7'llr EAST- ERLY BOUNDARY LINE OF TRACT G, VAIL VILLAGE FIF'T'H FILING ACROSS GORE CREEK DRIVZ (INCLUDING THE LNTER- SECTION OF BRIDGE STREET AND GORE CREEK DRIVE) , EAST MEADOW DRIVE FROM GORE CREEK ROAD TO VAIL ROAD (WITH THE EXCEPTION 0? THE INTER- SECTION or EAST MEADOW DRIVE AND WILLOW BRIDGE ROhD AIID THAT PORT1017 OF .EAST MEADOW DRIVE. ADJACENT TO THE CROSSROADS SHOPPING CENTER), AND HANSOM RANCH ROAD FROM BRIDGE STREET TO A LINE WHICH IS THE EXTENSION OF THE WESTERLY BOUNDARY LINE OF LOT P -3, BLOCK 5 -A, VAIL VILLAGE FIFTII FILING, ACROSS HANSOM RANCH ROAD; MAKING THE DETElUlINATION REQUIRED BY LAW; SETTING FORTH REGULATIONS fOR USE OF THE PEDESTRIAN MALLS I3Y VEHICLES; STATING THAT THERE WILL BE NO ASSESSMENTS FOR THE COSTS OF ESTABLISHMENT AND IMPROVE - MENTS OF THE 14ALLS IN ACCORDANCE WITH THIS ORDINANCE; SETTING FORTH THE MANNER OF PAYMENT OF COSTS AND CLAIMS FOR THE ESTABLISHMENT OF PEDESTRIAN MALLS; MAKING FINDINGS AND RULINGS ON THE CLAIMS FOR DAMAGES ,SUBMITTED TO THE TOWN COUNCIL; AND SETTING FORTH DETAILS IN RELATION TO THE FOREGOING WHEREAS, the Planning Commission, Town staff, and the Citizens Advisory Committee recommended that the Town Council establish certain pedestrian malls which would res- trict vehicle travel thereon; WHEREAS, the Town Council adopted Resolution No. 17, Series of 1977, expressing its intention to establish certain pedestrian malls with limited vehicular use,'and Resolution No. 2, Series of 1978, establishing said malls; WHEREAS, after Notice was duly mailed, a public hearing was held by the Town Council on April 4, 1978, for the purpose of hearing claims presentations; and M Exhibit A �- r WHER1AS, it is the capillion of the 'Down Council that �t it would be in the public's interest- teat certain areas be used t as pedestrian malls arld therefore establislies the same; -2- WHER1AS, it is the capillion of the 'Down Council that it would be in the public's interest- teat certain areas be used as pedestrian malls arld therefore establislies the same; NOW,THEREPORE DL IT RESOLVED AY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section (1) The following streets and public ways within the Town of Vail shall be established as pedestrian malls with vehicular travel thereon limited in accordance with Section (4) of this ordinance; (a) Gore Creek Drive' from Willow Bridge Road to a line which is the extension of the easterly boundary line of Tract G. Vail Village Fifth Piling, across Gore Creek Drive; (b) East Meadow Drive from Gore Creek Road to Vail Road (with the exception of the intersection of East meadow Drive and [billow Bridge Road and that portion of East Meadow Drive adjacent to and south of Crossroads Shopping Center); (c) Bridge Street; and (d) Iianson Ranch Road from Bridge Street to a line which is the extension of the westerly boundary line of Lot P -3, Block 5 -R, Vail Village Fifth Filing, across Ilanson Ranch Road. Only streets or public trays specifically referred to in this Ordinance are established as pedestrian malls, and nothing herein shall be construed to establish or create any other streets or public ways within the 'Down of Vail as pedestrian mails. Section (2) The intersections of East Meadow Drive and Bridge Street, Bridge Street and Hanson Ranch Road, and Bridge Street and Gore Creek Drive shall be part of the pedestrian mall areas. Only intersections specifically referred to in this Ordinance are established as part of the pedestrian mall areas, and nothing herein shall be construed to establish or create any other intersection within the Town of Vail as part of the pedes- trian malls. 0 -3- hereby Section (3) The pedestrian malls established shall be primarily for the use of pedestrians, but vehicular traffic may use the same in accordance with the following res- trictions; (a) East Meadow Drive, west of Willow Bridge Road, to Vail Road - vehicular traffic will be restricted to the follow- ing: (1) Public L-ransportation vehicles operated by the Town; (2) Emergency vehicles; and (3) Repair or maintenance vehicles authorized by the Town. (b) East Meadow Drive, east of Willow Bridge Road, to Gore Creek Road - vehicular traffic will be restricted to the following; (1) Public transportation vehicles operated by the Town; (2) Emergency vehicles; (3) Repair or maintenance vehicles authorized by the Town; and (4) Local traffic to the Vail Athletic Club, Mountain Haus and Wedel Inn. (c) Bridge street, Gore Creek Drive and Hanson Ranch Road, as described in Section (1) above - vehicular traffic will be restricted to the following; (1) Public transportation vehicles operated by the Town; (2) Emergency vehicles; (3) Repair or maintenance vehicles authorized by the Town; (4) Commercial vehicles entering the mall when necessary for the purpose of making deliveries or pro- viding services for properties fronting on the mall; ( -4- (5) Private vehicles entering the mail when necessary for the purpose of checking in or out of any hotel, pension or lodging establishment, or going to or from a private parking space owned by a hotel, pension or lodging establishment, as a guest thereof, picking up or delivering goods from or to establishments on the mall, or going to a private parking space in which the operator of the vehicle has permission to park from the owner of said private parking space; and (6) Private vehicles entering the mall when necessary for the purpose of going to or from the property or business fronting on the mall, of the operator or passengers of the vehicle. Section (4) 'Pile direction of vehicular traffic may be limited to one way on certain portions, and parking on the pedestrian malls may be limited to certain areas and for specifie times. Section (5) The restrictions 01) vehicular traffic in the mall areas, as herein specified, are provided in order to insure reasonable access to the properties and businesses which require access from the public ways included in the malls, to provide access to and from private property and to protect the public interest. Section (6) All costs and expenses of establishing the pedestrian malls shall be paid by the 'Town, and no special asses- sment shall be levied against the owners of lands abutting the pedestrian malls therefore. Section (7) No improvements shall be made to the pedes- trian malls in accordance with the establishment thereof. If in the future, the Council determines that the pedestrian malls should be improved, the improvements may be accomplished and financed in �J -5- (c) The attorney for Edelweiss Condominium Association, Kennard T. Perry, Mill Creek Court Condominium Association, Hans - peter A. Buhler, Blanche C. llill, Vernon Taylor and Vernon Taylor, Tr., has requested that the hearing on their claims be continued to April 18, 1978, at the regular meeting of the Town Council. John Amato, the representative for A & D Enterprises, Inc., Casino Partners, Inc., and Vail Group, Inc., also requested a continuation. (d) The following claimants failed to appear at the i public hearing.- (1) (none) (2) (4) accordance with the Special Improvement ordinances of the Town or Statutes of the State of Colorado. Section (8) With regard to the claims filed for damage to real property by the establishment of the pedestrian malls the Council finds as follows: (a) The establishment of a pedestrian mall on Bast Meadow Drive between Gore Creek Drive and sslillow Fridge Road may deprive the owners of the 'Talisman Condominiums of their right of ingress and egress to their condominium parking lot from the oublic street unless other access is Provided or the owners are allowed vehicular access along the mall. Further, the Town Council recognizes the rights of the Talisman Condominium owners to ingress and egress to their parking lot from a public way and desires to assure to such owners those rights. (h) The following claims have been withdrawn in writing: (1) Charles I1. & Barbara Cosanerthwaite (2) Robert T. & Diane J. Lazier (3) t °larner & Diane Newcombe (4) Donna I. Grayson (5) Arthur G. Bishop (6) Douglas & Mary McLaughlin (7) Plaza Lodge, Inc. (8) (9) (10) (c) The attorney for Edelweiss Condominium Association, Kennard T. Perry, Mill Creek Court Condominium Association, Hans - peter A. Buhler, Blanche C. llill, Vernon Taylor and Vernon Taylor, Tr., has requested that the hearing on their claims be continued to April 18, 1978, at the regular meeting of the Town Council. John Amato, the representative for A & D Enterprises, Inc., Casino Partners, Inc., and Vail Group, Inc., also requested a continuation. (d) The following claimants failed to appear at the i public hearing.- (1) (none) (2) (4) 0 -G- Section (9) Dase(l uuon the above findings, the Council determines tkint Lhe claims submitted for damages to real property shall be allowed or denied as follows: (a) The stipulation for settlement of the claim of the Talisman Condominium owners submitted by the represen- tatives of the owners is hereby approved as follows: (i) Notwithstanding the provisions of this ordinance, the owners of the Talisman Condominiums shall have the right, in perpetuity, of ingress and egress to and from their parking lot to East Meadow Drive, including access on said Drive. (ii) If at any future date the Town of Vail shall obtain at its expense a valid written ease- ment in perpetuity running to the Talisman Condo- minium owners whereby such owners will be granted at no charge, a free uninterrupted right of ingress and egress to and from the parking lot to either Gore Creek Drive or oillow Bridge Road, and such easement is approved in writing by the Talisman Association (wliiclt approval shall not be unreason- ably withheld) then as of the date that such ease- ment is duly recorded in proper, form, the pro- visions of Section (1) hereof shall terminate and be of no further force and effect. (iii) The ingress and egress provided for in subsections (i) and (ii) hereof shall be of sufficient dimensions to allow for the free and uninterrupted passage of vehicular traffic. (iv) The provisions of this stipulated settle- ment as contained in subsection (9)(a) of this ordi- nance and shall inure to the benefit of all present and future Talisman Condominium owners. L J • 0 P . -7- (h) The Following claims shall be denied: (i) (All other claimants requested (ii) a continuation to April 18, (iii) 1978, at the r.eqular meeting (iv) of the Tcwas Council. ) (v) (vi) (c) The following claims shall be allowed: (i) (All other claimants requested (ii) a continuation to April 18, (iii) 1978, at the regular meeting (iv) of the Town Council.) (v) (vi) Section (10) All monetary damages and costs and expenses related thereto that are herein allowed by the Town Council or a Court of competent jurisdiction shall be paid by the Town, and no special assessment therefor shall he levied against the owners of lands abutting the pedestrian malls unless levied against all real property within the Town. Section (11) After the expiration of thirty (30) days from the date of the final action and approval by the Town Council of this ordinance, all actions or suits attacking its findings, determinations and contents, and of all proceedings relating thereto, shall be perpetually barred and shall be conclusive of the facts so stated in this ordinance in every court or tribunal. In order for one to have standing to sue, he or she must have asserted his or her protests, remonstrances and objections in accordance with those particulars contained in the notice relating to the proceedings on the formation of the pedestrian malls., Section (12) The officers of the Town of Vail are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this ordinance. Section (13) If any part, section, subsection, sen- tence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance and each C] 0 7 o" R INTRODUCED, READ ON %'IRST READTLI)G, APPROVED, AND ORDERED PUBLISHED ONCE IN rULL C§ii.s 4th d�sy of AiDril, 1978, and a public hearing on this ordinance sliall be I7eld at the regular meeting of Lhe Town COUnCi.l of the Town of Vail, Colorado, on the 18th day of April, 1978, at 7:311 P.M. , irl the Municipal Building of the 'Town. mayor ATTEST: TotiJn Clerk 4/r INTRODUCED, READ, ADOPTED AND E[JACTED DII SECOND READHIG AIM ORDERED PUBLISHED BY TITLE ONLY THIS 1 RTTEST: ,�'� ` 7/��%,,, TM CLERK � r C3 cL 0 o r w rL O € T o i �ro 3 P o � O �p a 3tli DAY Of APRIL, 1978 - hfAYOR' , f k � 7 n r .p n A Y c w b 0 p ^ II C O O '3 { 9 r. G7 D 01 b O C O r r-j LJ • c m m��� oa 7 c rt va w wEKa T O a & O re C O - ? p' • X00 o m' t Ji e a � c � = m` Z N �. �. o oLw ro c r o A r izl o cno� °Ra�c i w rp � � q Y A II C O O '3 { 9 r. G7 D 01 b O C O r r-j LJ • 0 • z LLJ D Q. M 0 0 LLI Z F- < Jr jav IT:1 �j cE 6a 'tiT 7=7 ds 5c ii iY ie .lE ifs U., L-9 Ail V Exhibit 8 s i1 f. aj 0 q16 AGREEMENT THIS AGREEMENT dated this and among SONNE2iALP PROPERTIES, INC., aY of , ��9�, is by ( "Sonnenalp,t) , and TALIS14AN CONDOMINIUM aASSOCIATION, �raoColorado nonprofit corporation (the "Association"). WITNESSETH; WHEREAS, Sonnenalp is the successor to Rumford - Nottingham Associates, a Colorado lirited partnership ( "RNA, "), as lessee under a Ground Lease dated June 24, 1970, and recorded August 71 1970, in Book 218 at Page 409 in the Office of the Clerk and Recorder, Eagle county, Colorado (the "Ground Lease" Ground Lease incorporates parts of Lots L an }. The Village, First piling, Eagle d K, Block 5 -E, Vail described therein (the "TalismannProperty "). as more fully WHEREAS, Sornenalp has succeeded to the interest of RNA sublessor of the Talisman Property under certain subleases as is covering sixteen separate residential condominium units ccmprising The Talisman Condominiums_ The owners or such condominium units are the ,current Sublessees under such sublease)- {individually, an "Owner ", colleczively, the WHEREAS, the Association was organized to represent the Owners and oversee the administration of The Talisman Condominiums pursuant to the Condominium Declaration recorded December 30, 1970 in Book 219 at Page Clerk and Recorder, Eagle County, ColoradonandethefpravQSions Association. of the Articles of Incorporation and Bylaws of the WHEREAS, a portion of the Talisman Property is desired for use by sonnenalp for parking, ingress and egress the Association is willing r to g purposes and Permitting such, use in exccha,ngefor da licenselfromisonnenalp Permitting the Association a similar use of certain property owned by sonnenalp. y WHEREAS, sonnenalp and the Association wish to clarify certain other matters in their mutual relationships. NOW THEREFORE, in c of the oregoing and the mutual promises contained herein, agree as follows the parties hereto hereby _.?. Sonnenaln Lioense_ sonnenalp a nonexclusive License / effective here-by grants to M .Lie date hereof, V..1- 1 L _ n to use certain real property located in the county of Eagle, State of Colorado and more fully described as Tract A on Exhibit A attached hereto and incorporated herein and approximately represented as Tract A on Exhibit C attached hereto and incorporated herein ("Tract A" }, for purposes of parking, ingress and egress by guests, employees and owners of Sonnenalp and service vehicles serving Sonnenalp. Notwithstanding the foregoing it is agreed that no parking shall be allowed within ten (10) feet of the southern border of Tract A. 2. Talisman License. Sonnenalp hereby grants to the Association an exclusive License, effective on the date hereof, to use certain real property located in the County of Eagle, State of Colorado and more fully described as Tract B -1 on Exhibit B -1 and Tract B -2 on Exhibit B -2 both attached hereto and incorporated herein and approximately represented as Tract B -1 and Tract B -2 on Exhibit C attached hereto and incorporated herein ( "Tract B "), for purposes of parking, ingress and egress by the owners and their guests and by guests, employees and members of the Association and service vehicles serving The Talisman Condominiums- (Tract A and Tract B sometimes, the "Licensed Premises"; Sonnenalp sometimes "Licensee" with respect to Tract A and "Licensor" with respect to Tract B; the Association sometimes "Licensee" with respect to Tract B and "Licensor" with respect to Tract A.) 3. Landscaping. All landscaping within the Talisman property and the Talisman's licensed premises will be dimensioned, planned and designed by the Talisman. Sonnenalp hereby agrees to implement and complete at its sole cost and expense all landscaping which borders the south boundary line of Tract A and the north and west boundary lines of Tract B--1. 4. Access License. Sonnenalp hereby grants to the Association a nonexclusive access License, effective on the date hereof, to use those portions of Tract A and certain real property owned by Sonnenalp and comprising its parking lot to access Vail Road to and from those portions of the Talisman Property forming a parking area. In addition, the Sonnenalp, at its discretion, grants to the Association a nonexclusive access License to access East Meadow Drive east of the restricted pedestrian portion of said drive or the eastern entrance /exit of the Swiss Chalet east of the restricted pedestrian portion of East Meadow Drive, to and from the parking spaces on the Talisman Property forming the area approximately represented as Tract c on Exhibit c attached hereto and incorporated herein. 5. Gates and Walls, The Association is hereby permitted to �� ct and raaintal'11 coritrol gates and walls on property to z • which the Talisman has the right of possession in order to cordon off the Talisman parking area at its sole cost and expense and within its sole discretion, provided these gates do not interfere with the licenses granted to Sonnenalp. 6. SDa. The Association is hereby permitted to construct and maintain a spa along the south-west boundary of the Talisman Property and to construct and maintain a gate and walls surrounding such spa; provided, however, Sonnenalp shall have the right to review the architectural plans for such construction and to approve such plans, which approval will be provided in an expeditious manner and which will not be unreasonably withheld. 7. Licensee not a Lessee. No legal title, easement or leasehold interest in any property or. appurtenances thereto shall be deemed or construed to have been created or vested in any party by anything contained herein. S. Maintenance. Licensee shall be responsible for the care and maintenance of the respective Licensed Premises during the effectiveness of the License, including, without limitation, the upkeep of the pavement, grounds, landscaping and curbage. Licensee shall repair at its sole cost and expense any damage to or destruction of the Licensed Premises occurring during the effectiveness of the License. 9. Termination of License. The Licenses granted pursuant to Sections 1, 2 and 4 above shall be terminated upon the commencement of construction by Sonnenalp of any subterranean parking garage or other structure and following ninety (90) days written notice to the Association. The effect of such termination shall include the following: (a) Licensee shall abandon the Licensed Premises and Licensor may reenter said premises, take possession thereof and prevent the further use thereof by Licensee. (b) It is the desire of both parties that traffic on the east -west drive, located south of East Meadow Drive on property owned by Sonnenalp, be limited to utility vehicles transferring goods, products and guests between the two Sonnenalp hotels and for emergency access purposes. Both parties agree to negotiate in good faith in order to accomplish the above stated purpose so that the spirit and ambiance of said drive will be compatible with the spirit and ambiance of the pedestrian mall with which it runs parallel_ (c) The Association shall have the right to build its own parking garage in conjunction with Sonnenalp's parking • garage plans. In such event, Sonnenalp will grant an access easement to the Association, and will permit the Association to build an entrance /exit to the Talisman parking garage through the Sonnenalp parking garage, presumably such easement will permit access to and from Vail Road to the Talisman parking garage. In addition, the Sonnenalp shall grant to the Association an easement for access to and from the surface parking areas of the Talisman. Presumably such easement will permit access to and from East Meadow Drive east of the restricted portion of said drive at a location to be mutually determined by the parties hereto. (d) In the event that the Association does not elect to build a parking garage in conjunction with sonnenalp, Sonnenalp shall grant to the Association an easement for access to and from the parking areas of The Talisman Condominiums to East M -endow Drive east of the restricted pedestrian portion of said drive at a location to be mutually determined by the parties hereto. The Licenses granted pursuant to Sections 1, 2 and a above shall also be terminated upon ninety (90) days written notice to Sonnenalp. It can only be-terminated for the purpose of commencement of construction by the Association of any parking garage or other structure. The effect of such termination small include the following; (a) Licensee shall abandon the Licensed Premises and Licensor may reenter said premises, take possession thereof and prevent the further use thereof by Licensee. (b) Sonnenalp shall grant to the Association an easement for access to and from the parking areas of The Talisman Condominiums to either Vail Road or to East Meadow Drive east of the restricted pedestrian portion of said drive at a location to be mutually determined by the parties hereto. 10. Agreement to Cooperate. Sonnenalp and the Association hereby each agree to cooperate in securing the approval of this Agreement by the Town of Vail Eire Department and the Town of Vail. 11. No Waiver of Rights. By executing this Agreement, the Association is not waiving any rights it may have pursuant to Ordinance Number 14, Series of 1978, as enacted by the Town of Vail. 12. Entire Agreement and Amendments. This Agreement ccntair.s tha entire agreement betti,een the parties hereto and may f'- °u .i, any imoannte -1 cXCU -PL by an instrument In Writing signed by the parties hereto. -4- C 13. Effect of Headings. The section headings are inserted only for convenient reference and do not define, limit or prescribe the scope of this Agreement. 14. Governing Law. This Agreement shall be governed by and construed under Colorado law. 15. Time i s of the Essence. Time i s of the essence in the performance of all terms and conditions of this Agreement. 16. Survival of Agreement. This Agreement shall be binding and shall remain in full force and effect until terminated upon the express terms hereof and its validity and effect shall not be affected by the termination of the Ground Lease or otherwise. EXECUTED as of the date first set forth above. SONNENALP: SONNENALP PROPER'T'IES, INC., a Colorado corporation EY=1`F J h nes Faessler, Pr dent ASSOCIATION: TALISMAN CONDOMINIUM ASSOCIATION, a Colorado_ nonprofit corporation -5- ;o Amos Kaminski, President • STATE OF COLORADO ) ss. COUNTY OF EAGLE } The foregoi,~rg i strument was acknowledged before me this Ar- day of �� , 1992, by Johannes Faessler as President of Sonnenalp Properties, Inc., a Colorado corporation, on behalf of such corporation. Witness my hand and official seal. Qotaxial Sear) /Gut -ccf1 - Notary Sub 1ic .. My commission expires. Or JI-� o. r'.. COLORADO } ss. COUNTY OF EAGLE } wNhe foregoing instrument was acknowledged before me this day 0& 500004 , 1992 by Amos Kaminski as President of Talisman Condominium Association, a Colorado nonprofit corporation, cn behalf of such corporation. Witness my hand and official sea-- (Notarial Seal) Notary Public Q� �}, My commission expires. U C or co, '•, /agretal7 EXH ± EIS' 1! Johnson, Kunkel & Associates, Inc, NANO SVPVEYIPIG • CIVII EMC IHEERING • MAPP::VG � r 0 TRACT A LEGAT, DESCRIPTION r _ C . license over and a,Cross - a portion of Lot i,, Black 5-E., Vati l Village, First Piling, Town of Vail/ Eagle County; Colorado, according to the Man approved on 5 Aucrust 1962 and recorded in the Eagle County Records- as Receptior. Nuznl er 96382. Said licenser with all hearings contained herein based on a bearing of S.28 °40' I9 "el bGt'ri @till t?:? Ii1t�St Westerly coy -ner o'? The Talisrlar_, Zccordi.r_g to the CyndUmi :t_u;,l Mal) thereof recorded in Sook 219 at 418 of the Eagle County -Records a5 Reception Number 115042, a 'Found concrete nail and 21, diarneLer disk stamped PLS 15827 the mc4 t L _ and set i n asphalt, and SOul. hives erly corner of said Trot L, a 1 1/2 ° diameter i' =mirL Can mOnUT -ent, beinc snore �aarticular?y described as cllows: Perin::ing at a Point where the Southerly y ine o., an existing access drivE iintersecLs the I�orthwes yeriy boon - Y o� said The Talisman, Z rom which said mart Westerly corne, of she Talisman beam S.34 05? ' 32 "W. 73-46 ±eet 1 thonce along said Northwesterly boundary N.34 °51' 32 "E, 24.00 feet to the iro,,t Nort,j„res,erly corner of said The 'C'a?;s:;lan► a found concrete. n a i1 and 2" c�ia.*�eter disk stamz✓ed PLS 16807 i an6 set in as -oral,t; thence depart -i ng said 'Northwesterly boundary and along the` :lortherly boundary of i. said' The Talisman S.82 °35' 00. "E. 142.01 feet to the most Northeasterly corner of said The Talisman; thence departing said northerly line S.89 °2942 "W. }54.55 fee;. to the point of beginning. Said license contains 0.035 acl. es, more or less. h. 0111II1111111 0 RfGI Wil1�a L. aa_gleroad" P.L.S. Johnson, KK'-nkel &- Associates nr's ���'•fo % rr l5'T; 25630 :mot • q Date '% �`''•, ,,••�a` D� N���`y�` EXHIBIT 8 -1 Johnson, Anson, KunlKel & Associates, Inc. .;ND St- AVEY9NG 'CIVIL ENIGINEERI \G ' IMAPP1::G Kh Eox 409 + 1 13 Fast 4th Street ` Eagle, Colorado 81531 Tract B -1 LEGAL DESCRIPTION u9j: g031 32163&a MetroQ03) 287.0$35 ?_� -- 1 license over and acroes a portion of Lot L, Block 5-r , Vai.l. 'illage, First Filing, i ng, N Town of Vail, Eagle County, Colorado, _ccording to-the Map approved on 6 August 1962 and recorded in the :ogle County Records as Reception Number 96382. Said license, Jith all bearings contained herein based on a bearing Of ;,28'4011911W. between the most Westerly corner of The Talisman, according to the Condominium roan thereof recorded in Look 219 at ,age 418 of the Eagle County Records as Reception Number 115042, a sound concrete nail and 2" diameter disk stamped PLS 16827 and set .n asphalt, and the most Southwesterly corner of eaid Lot In a 1/2" diameter Aluminum Cap monument, being more particularly ?esc: ibed -a9 follows: wi nning at a point where the Southerly line of an existing access drive intersects the Northwesterly boundary of Eaid The Wisman, from which said most Westerly corner of The Tal.isna?1 sears 4.34051'320w. 73.46 feet; thence departing said wrthw6sterly boundary and along said Southerly line the following two (2) courses: 10 N.88 °57' 07 "M 18.51 feet 2) 20.64 feet along the arc of a curve to the left having a radius of 45 feet, central angle of 26 017'05 ", tangent distance of 10.51 feet, chord distance of 20.45 feet, and chord bearing of S.77 054120 "W. to a point in. Line with the Easterly edge of asphalt of an sxi.stting parking lot, thence departing said southerly line and along it line being the same as said Easterly edge of parking 3.01 002 153 11W. 52.74 feet to said Northwesterly boundary; thence 3eparting -said edge of narking and along said Northwesterly boundary N.34 951'32 "E. 69.07 feet to the point of beginning. Said license contain& 0025 acres, more or less. L . William L. hargleroad Johnson, Nu: kel & Assoc Date 2 50 a1, Inc. ° 25630 L J • �J i EXHIBIT B -2 Johnsen, Kui-ikel & Msociates, Inc. LAIWD SURVEYING - CIVIL ENGINC_RING - MAPPING TRACT B -2 LEGAL DESCRIPTION A license over and across a portion of Lot L, Block 5 -E, Vail. Village, First Filing, Torn of Vail, Eagle County, Colorado, according to the Map approved on 6 august 1962 and recorded in the Eagle County Records as Reception Number 9f382. Said li enee, with all hearings contained herein based on a hearing of S -2390 ` 3.9 "W. between the most Westerly corner of The Talisman, according to the Condominium Map thereof recorded in Book 7.19 at Page 418 of the Eagle County Records as Reception Number 115042, a found concrete nail and 2" diameter disk stamped PLS 16827 and set is asphalt, and the most Southwesterly corner of said Lot il, a 1 1 /2" diameter Aluminum Cap monument, being more particularly descrLbed as follows Beginning Et the most Northeasterly corner of said The Talisman, from which said most Westerly corner o! The Talisman bears S- 72035110 "W. 205.97 feet; thence along the Northeasterly boundary of said The Talisman S.23 °54138 "E. 15.07 feet to the Southerly line of an existing Sidewalk; thence departing said boundary and along said Southerly line N.89 °29'42 "E. 5.81 feet to the Southeasterly corner of said -sidewalk; thence along the Easterly line or said sidewalk and 3 prolongation thereof N- 000301 1 8"W. 14.75 feet to the Southerly line cf an rxlst.ing access drive; thence along said Southerly line of the access drive 5.89029`42 "W. 13.19 feet to the point of beginning. Said license contains 0.003 acres, more or Less. • �f a William L. Hargleroad pit. `` N.' Johnson, Kunkel & Associates� _.• 25630 o •� Date /rir AA Lhi,a .,i "� A I v iF - o n- -zK � ri I . 'In I RD T lost - !jow 1. 0 • 1. CO . 'In I RD T lost - !jow 1. 0 • ,i CO ST § 43 -2 -303 Page 3 C.RSA. § 43- 2-303 WEST'S COLORADO REVISED STATUTES ANNOTATED TITLE 43. TRANSPORTATION HIGHWAYS AND HIGHWAY SYSTEMS ARTICLE 2. STATE COUNTY AND MUNICIPAL HIGHWAYS PART 3. VACATION PROCEEDINGS: ROADS. STREETS, AND HIGHWAYS Copr. C9 West Group 2002. All rights reserved. Current through Chapters 1, 3, 5, 14 to 16, 20, 21 26 to 28, 31, 33, and 36 of the Second Regular Session of the Sixty -Third General Assembly (2002) 43 -2 -303. Methods of vacation (1) All right, title, or interest of a county, of an incorporated town or city, or of the state or of any of its political subdivisions in and to any roadway shall be divested upon vacation of such roadway by any of the following methods: (a) The city council or other similar authority of a city or town by ordinance may vacate any roadway or part thereof located within the corporate limits of said city or town, subject to the provisions of the charter of such municipal corporation and the constitution and statutes of the state of Colorado. (b) The board of county commissioners of any county may vacate any roadway or any part thereof located entirely within said county if such roadway is not within the limits of any city or town 41 (c) If such roadway constitutes the boundary line between two counties, such roadway or any part thereof may be vacated only by the joint action of the boards of county commissioners of both counties. (d) If said roadway constitutes the boundary line of a city or town, it may be vacated only by joint action of the board of county commissioners of the county and the duly constituted authority of the city or town. (2)(a) No platted or deeded roadway or part thereof or unplatted or undefined roadway which exists by right of usage shall be vacated so as to leave any land adjoining said roadway without an established public road or private - access easement connecting said land with another established public road. (b) If any roadway has been established as a county road at any time, such roadway shall not be vacated by any method other than a resolution approved by the board of county commissioners of the county. No later than ten days prior to any county commissioner meeting at which a resolution to vacate a county roadway is to be presented, the county commissioners shall mail a notice by first -class mail to the last-loaown address of each landowner who owns one acre or more of land adjacent to the roadway, Such notice shall indicate the time and place of the county commissioner meeting and shall indicate that a resolution to vacate the county roadway will be presented at the meeting. (c) If any roadway has been established as a municipal street at any tune, such street shall not be vacated by any method other than an ordinance approved by the ;governing body of the municipality. (d) If any roadway has been established as a state highway, such roadway shall not be vacated or abandoned by any method other than a resolution approved by the transportation commission pursuant to section 43- 1- 106(11). (e) Paragraphs (b), (c), and (d) of this subsection (2) shall not apply to any roadway that has been established but has not been used as a roadway after such establishment. (f) If any roadway is vacated or abandoned, the documents vacating or abandoning such roadway shall be recorded Copr. CD West 2002 No Claim to Orig. U.S. Govt. Works i �► CO ST § 43 -2 -303 Page 4 - CYLS.A- § 43 -2 -303 pursuant to the requirements of section 43 -1- 202.7. (3) In the event of vacation under subsection (1) of this section, rights -of- way or easements may be reserved for the continued use of existing sewer, gas, water, or similar pipelines and appurtenances, for ditches or canals and appurtenances, and for electric, telephone, and similar lines and appurtenances. (4) Any written instrument of vacation or a resubdivision plat purporting to vacate or relocate roadways or portions thereof which remains of record in the counties where the roadways affected are situated for a period of seven years shall be prima facie evidence of an effective vacation of such former roadways. This subsection (4) shall not apply during the pendency of an action commenced prior to the expiration of said seven -year period to set aside, modify, or annul the vacation or when the vacation has been set aside, modified, or annulled by proper order or decree of a competent court and such notice of pendency of action or a certified copy of such decree has been recorded in the recorder's office of the county where the property is located. CREDIT(S) 1997 Main Volume Amended by Laws 1988, H.B.1229, § 2; Laws 1993, H.B.93 -1252, § 2, eff. April 30, 1993. General Materials (GM) - References, Annotations, or Tables> Derivation: C.S.A -1935, c. 143, § 69(3). Laws 1949, S -B -255, § 3. C.R.S.1953, § 120 -1 -13. C.R.S.1963, § 120 -14 -3. HISTORICAL AND STATUTORY NOTES 40 1997 Main Volume LIBRARY REFERENCES 1997 Main Volume Highways X77(1). Municipal Corporations X657(5). WESTLAW Topic Nos, 200, 268. C.J -S- Highways § § 117, 125 - C.J.S. Municipal Corporations § § 1670 to 1674. NOTES OF DECISIONS Access 5 0 Copr. (D West 2002 No Claim to Orig. U.S. Govt. Works Developer brought action to condemn private property owned by homeowners association for use as private way of necessity from developer's landlocked property. The District Court, Jefferson County, Michael C. Villano, J., entered judgment for developer, and association appealed. The Court of Appeals, Davidson, J., held that: (1) developer did not have present enforceable right to use alternate property route; (2) way of necessity would be limited by historic, existing, and reasonably expected uses; (3) trial court would be required to make further findings in support of condemnation order; (4) way of necessity was to reflect possibility of termination upon change in circumstances; (5) residual damages would be limited to property owned by condemnee, not adjacent, privately -held property; and (5) determination of expert costs was reasonable. Affirmed in part, reversed in part, and remanded with directions. West Headnotes xc [1] KeyCite Notes =311 Private Roads 311 k2 Establishment X31 1 k2(1) k. In General- Most Cited Cases For condemnation of way of necessity to be justified, "necessity" need not be absolute, but, rather, way must be reasonably necessary under facts and circumstances of case. West's C.R.S.A. Const. Art. 2 � 14. Is Rc [2] KeyCite Notes X311 Private Roads 31 lk2 Establishment =-•311X2(1) k_ In General. Most Cited Cases When potential condemnee asserts existence of alternate private access route across anther's property to defeat condemnation of its property for way of necessity, potential condemnee has burden of establishing existence of acceptable alternate route and that condemnor has present enforceable legal right to use that route. West's C.R.S.A. Const. Art. 2. 14. xc Ke /Cite Notes ,.x-•311 Private Roads x-311 k2 Establishment -;x,31 I k2(l) k. In General. Most Cited Cases For purpose of potential condemnee's claim that existence of alternate private access route across another's property defeats condemnation of its property for way of necessity, alternative route is not acceptable if it is impractical, unreasonable, or prohibited by cost grossly in excess of value of is dominant estate. West's C.R.S.A. Const Art 2,_& 14. hii„•lh�,Ah� ..rot��n... ..+,I.....I4Ia ,si...In7T.,........4 n— I --lTTT 7 1— • . e. ... — — . . . • 0 • 7 a./ A. AAA .3-rL) 141 KeyCite Notes o-311 Private Roads X31 lk2 Establishment ,311 k2 (l) k. In General. Most Cited Cases .r %Q A. %Ji i-r - Whether condemnor has enforceable right to use alternative route, such that condemnation of private property is not justified, depends on type of right or easement available to condemnor. West's C.R.S.A. Const. Art. 2, § 14. xc M KeyCite Notes o-31 I Private Roads X311 k2 Establishment X311 U(I) k. In General. Most Cited Cases Condemnor which owned landlocked property did not have present enforceable right to use alternate route to property, and thus was entitled to way of necessity over condemnee's property; although condemnee was previously offered option to purchase easement over alleged alternate route and condemnoe offered to sell condemnor right to use easement, offer did not create enforceable right of use in condemnoe, since offer was revocable until accepted, there was no evidence that condemnor accepted condemnee's offer or otherwise acquired easement, condemnoe did not have interest in property at time of offer to condemnor, and condemnor, which was incidental third -party beneficiary to option contract, lacked standing to exercise option. West's C.R.S.A. Const. Art. 2. §14. KC [6] KeyCite Notes •311 Private Roads X311 k2 Establishment =•31 I k2(l) k. In General. Most Cited Cases Even lease agreement for access to alternate route is insufficient right of use to preclude condemnation of private property for way of necessity. West's C.R.S.A. Const. Art. 2, § 14. 5 [7] KeyCite Notes 311 Private Roads X311 k2 Establishment .4 -31_ 1 k2(7) k. Operation and Effect. Most Cited Cases Constitutional way of necessity across private property, established through condemnation, should accommodate future uses of condemnor's property when condemnor can establish that way is necessary for these reasonable uses. West's C.R.S.A. Const. Art. 2. § 14. I c - .tL_- -1 + .1 i ..- — — . .. Y 1 �0 r-1-a Y46 [U KevCite Notes o =141 Easements 141 I Creation, Existence, and Termination c= 141 k 15 Implication 141k18 Ways of Necessity .V_141k18 1 k. In General. Most Cited Cases .::=.311 Private Roads ,c=--.31 1 k I k. Nature and Essentials. Most Cited Cases 1'asc .3 vt I-? Common -law easement is fixed in past by intent of grantor, while constitutional way of necessity only exists because of necessity and not by reason of implied grant. West's C.R.S.A. Const. Art. 2, § 14. xc [9] KevCite Notes ,c=441 Easements 14111 Extent of Right, Use, and Obstruction •,- = 14lk51 k. Purposes of Use. Most Cited Cases Despite fact that extent of common -law easement is fixed by intent of grantor at time of conveyance, it nonetheless can accommodate reasonable new uses. ac [LO] KevCite Notes . -311 Private" Roads <: 311 k2 Establishment c= 311k2 I) k. In General. Most Cited Cases Extent to which way of necessity over private property may be developed to accommodate future expected uses by condemnor is restricted only by constitutional requirement of necessity. West's C.R.S.A. Const. Art. 2, , 14. 5 [LIJ KevCite Notes .-311 Private Roads =311 k2 Establishment 7---31_-1 k2( 1) k. In General. Most Cited Cases Way of necessity over private property, established through condemnation, is remedy of last resort, and exceptions which allow taking for private use must be interpreted narrowly with any uncertainty resolved against party asserting right to condemn. West's CA -S.A. Const. Art. 2, § 14. KC [12] Ke Cite Notes • • • X311 Private Roads �311k2 Establishment c--311k2 I k. In General. Most Cited Cases Developer`s way of necessity over neighbor's property would be limited to provide access for all historic and existing uses, as well as reasonably expected uses, measured by current zoning of property and any other relevant considerations. West's C.R.S.A. Const. Art. 2, § I4. KC I3 KeyCite Dotes ,,,-311 Private Roads <;r---31 112 Establishment ai 311_k2(7) k. Operation and Effect. Most Cited Cases When right condemned for way of necessity is in nature of easement, rather than fee simple interest, not only extent of easement, but scope of condeninor's use of easement is limited to extent reasonably necessary for purpose served by taking, so that landowner's right to use easement area is as great as reasonably possible consistent with purpose of taking. West's C.R.S.A. Const. Art. 2, 1 1414, 5 [141 KevCite Notes 40 ,:x-311 Private Roads w-31 Ik2 Establishment X311 k2(5) k. Judgment, Order, or Decree, and Review. Most Cited Cases Because scope of right condemned for way of necessity can be limited so as to achieve its purpose most effectively, and disputes which arise as to its scope are resolved, in part, by reference to court's order of condemnation, court must clearly define extent of easement, at request of condenmee, in order to avoid inevitable litigation over vague condemnation order. West's C.R -S.A. Const. Art, 2. 14. KC LU KeyCite Notes �- -311 Private Roads X311 k2 Establishment tip.: -311 k2(5) k. Judgment, Order, or Decree, and Review. Most Cited Cases Trial court order granting developer perpetual, 50-foot wide, nonexclusive way of necessity for ingress and egress over and across neighbor's property was inadequate, absent findings on character of way for ingress and egress which would be "indispensable" for use of property, for both historic and existing uses, and for what additional improvements would be indispensable for any reasonably expected use of property as limited under its current zoning designation. West's C.R.S.A; Const. Art. 2 ]4. KC LU KeyCite Notes ru6C .1 ui t4 14 8 Eminent Domain ,D-148V Title or Rights Acquired ,c�7148k317 Nature of Estate or Interest Acquired - 1480I7 1 k. In General. Most Cited Cases { -148 Eminent Domain 148V Title or Rights Acquired .6=148025 k. Reversion. Most Cited Cases Condemnation for way of necessity passes only such estate or interest as is required to accomplish purpose of condemnation; when mere easement or terminable fee is granted, land reverts when condemnor ceases to use grant for purposes specified. West's C.R.S.A. Const. Art. 2. § 14. 5 j171 KeyCite Notes ,L�7-- 3l 1 Private Roads 311 k2 Establishment r -31 Ik2(7) k. Operation and Effect. Most Cited Cases Since way of necessity should be interpreted narrowly because it interferes with anther's enjoyment of his or her property, way of necessity established by condemnation should not last any longer than would comparable common -law easement by necessity, or any other easement granted for specific purpose. West's C.RS_A. Const. Art. 2. § 14. xc [18] KeyCite Notes v: 141 Easements ,zip 1411 Creation, Existence, and Termination 141k?6 Termination in General 141k26(3) k. Cessation of Necessity. Most Cited Cases At common law, easements by necessity are terminable upon change of circumstances- 1 2 1191 KeyCite Notes -141 Easements 4".,14 11 Creation, Existence, and Termination �141k26 Termination in General .• 141 k26(3) k. Cessation of Necessity, Most Cited Cases Way of necessity should terminate upon change of circumstances that eliminates necessity. West's C.R.S.A. Const. Art. 2, § 14. xc [20) KeyCite Notes • gig r.za y4a X311 Private Roads o -31lk2 Establishment X311 k2 k. Operation and Effect. Most Cited Cases rasc u Vi ,'t - Reversion to condemnee of way of necessity is not unjustified simply because condemnor has paid value for that way; power to take by eminent domain is qualified and title taken must also be qualified, regardless of fact that constitutions and statutes may require condemnor to pay full value for thing taken. West's C.R.S.A. Const. Art. 2. § 14. 5 [ZIA KeyCite Notes X311 Private Roads x,,31 I k2 Establishment -311 k2(7) k. Operation and Effect. Most Cited Cases Easement over neighbor's property which was granted to developer with landlocked property as way of necessity had to reflect potential for termination of way if and when another access route was established to serve property interests existing at that time. West's C.R.S.A. Const. Art. 2.- 14. 5 [22] KeyCite Motes -� 3111 Private Roads X311 k2 Establishment �.=- -31___ l k2(l) k. In General. Most Cited Cases When portion- of landowner's property is taken for way of necessity, just compensation includes payment for portion actually taken and damages for injury to remainder of property. West's C.R.S.A. Cont. Art. 2. § 14; West's C.R.S.A. § 38- 1- 114(1). 5 [23] KeyCite Notes •----311 Private Roads x•31 Ik2 Establishment • X311 k2(1) k. In General. Most Cited Cases Proper measure of compensation for damage to remainder, following condemnation for way of necessity, is reduction in market value of remaining property, with compensation measured either at time petitioner is authorized to take possession or at date of proceeding in which compensation is assessed; both contiguous and noncontiguous property of condemnee may be treated as residue if property is considered part of single unit of operation with taken property. West's C.R.S.A. Const. Art. ? & 14. 10 [241 M KevCite Notes <�=311 Private Roads 77 IV r.4u ,--,311k2 Establishment c�311 k2Q) k. In General. Most Cited Cases Residual damages awarded in connection with condemnation for way of necessity would be limited to damage to property owned by condemnee, which was nonprofit homeowners association for residential development, namely, common areas of development, not privately held properties within development, including those adjacent to property taken; although all property within development was purportedly part of single economic unit, covenants among homeowners did not create any additional rights as against condemnor, association was distinct entity, and homeowners had only easement, not license, with respect to condemned property. West's C.R.S.A. Const. Art. 2, -§ 14. Ke LZSJ KeyCite Notes ;�• 102 Costs f;-- 102VII Amount, Rate, and Items �102kl83 Witnesses' Fees ,,- 102k187 k. Experts. Most Cited Cases Amount of compensation for expert witnesses must be reasonable and is within discretion of trial court. *951 Law Office of Edward A. Walters, P.C., Edward A. Walters, Wheat Ridge, for Petitioner - Appellee. Tilly & Graves, P.C., David D. Schlachter, Denver, for Respondent- Appellant. r- LJ Opinion by Judge DAVIDSON. In this condemnation action, petitioner, the Genesee Foundation, a non- profit corporation (condemnee)-, appeals from a decree of condemnation granting respondent, Sear Creek Development Corporation (condemnor) possession of a perpetual way of necessity, establishing the value of the property taken, and awarding costs. We affirm in part, reverse in part, and remand. In September 1991, condemnor filed a petition for condemnation under Colo. Const. art. II. § 14 and § 38- 1- 102(3), C.R.S. (1982 Repl.Vol. 16A), to condemn private property for use as a private way of necessity from its landlocked quarter section of land across two parcels of land, including one owned by condemnee (parcel D). Parcel D, traversed by a 12 -foot wide paved private road, currently serves as access to eight houses within the Genesee planned unit development (PUD). Both landowners challenged the action, asserting that access through their properties was unnecessary because alternative routes, including a route through the "Jones property," were available to condemnor. Following a bench tri al, the court entered a judgment finding that condemnor had established the need for a private way of necessity and granted condemnor a perpetual, 50 -foot wide, non- exclusive way of necessity for ingress and egress over and across parcel D. After receiving a Commissioners' Certificate of Ascertainment and Assessment Report regarding the valuation of the taking, the trial court ordered condemnor to pay $36,800 for the property and approximately $4,680 in costs. Condemnee appeals the condemnation, the valuation, and the award of costs. The other property owner accepted condemnor's offer of compensation and is not party to this appeal. 1. Condemnee first asserts that the trial court erred in granting condemnor a way of necessity over parcel D. Condemnee does not dispute that condemnor requires access but, instead, contends that condemnor has access by an alternate route. We disagree. I .. 1! . - l a! •R nYY !TV rarlu v ul i-T - -- Colo. Const. art 11,§ 14 provides that: "Private property shall not be taken for private use unless by consent of the owner, except for private ways of necessity...." n 19 t2j- t For condemnation of a way of necessity to be justified, the "necessity" need not be absolute, but rather the way must be "reasonably necessary under the facts and circumstances of the case." West v. Hinksmon, 857 P.2d 483 487 (Cole o Ap_p 1992). Consequently, when, as here, a potential conde=ee asserts existence of an alternate private access route across another's property to defeat condemnation of its property, the potential condemnee has -the burden of establishing (1) existence of an "acceptable alternate route," and (2) that the condemnor has the "present enforceable legal right to use it." West v. Hinksmon, supra, 857 P. 2d at 487 (emphasis added). S (3L_ An alternative route is not acceptable if it is impractical, unreasonable, or prohibited by cost grossly in excess of the value of the dominant estate. West v. Hinksmon, supra: see Le Satz v_ Deshotels, 757 P.2d 1090 (Colo.App. 1x988 (what is reasonable is a question for the court to determine in each case). 5 [IL Whether condemnor has an enforceable right to use an alternative route depends on the type of right or easement available to it. See Killington v, Yust, 789 P.2d 196 (Col o,Ap�p,1989) (right to common law easement by necessity for a different route defeats way of necessity under constitution). Kc [[ Here, condemnee argues that condemnor had a right to use an acceptable alternative route that condemnee had offered to sell to condemnor. We disagree. *952 The record reveals that Genesee Land Company (GLC) conveyed property to an individual (Jones) in 1971 with a deed which reserved a "perpetual vehicular and pedestrian access easement" — the Jones property route from condemnor's property to a public road. In December 1991, after the petition for condemnation was initiated, GLC granted condemnee an option to purchase the easement at 75 percent of fair market value. Condemnee's option provided for conveyance by GLC by quitclaim deed "with no warranties or representations of any kind or nature." Condemnee, in turn, offered to sell the right to use this non- exclusive easement to condemnor at fair market value. xc Simply having been offered an option to buy this easement, however, does not vest condemnor with a "present enforceable right to use" the route. Even if we assume, arguendo, that GLC had a valid, enforceable, and transferable easement over the .tones property to offer, such an offer does not itself create an enforceable right of use in the offeree; the offer is revocable until accepted. See Brown v. McA nally, 97 Wash.2d 360 644 P.2d 1153 1982 (permissive use of roadway does not establish legally enforceable right sufficient to defeat way of necessity). Even a lease agreement for access is an insufficient right of use to preclude condemnation of a way of necessity - See Bear Creek Development Corp. v. Dyer, 790 P.2d 897 (Colo App.190 - ADd, here. there is no contention that condemnor accepted condennee's offer or otherwise acquired the easement. Moreover, condemnee, the offeror here, did not itself have an interest in the property at the time of its offer. See Columbia Savr s_& .[roan Assn v, Counce 167 Colo. 365 447 P.2d 977 1968) (option to purchase property only ripens into mutually enforceable contract when option is exercised; when option is not exercised, party gains neither legal nor equitable ownership by equitable conversion); see also Temple Ho yne Buell Foundation v. Holland & Hart 851 P.2d 192 (Colo App.1992) (option to purchase may or may not create an enforceable interest in the property). Furthermore, condemnor was at most an incidental third -party beneficiary to the option contract and, consequently, lacks standing to exercise the option. See Restatement (First) of Contracts L133i 1932) (incidental third party beneficiary); see also In re Application for Water Rights of Grand Junction v. Kannah Creek Water Users Assn 192 Colo. 279 557 P.2d 1169 1976. Thus, conderrnee has not proven that the condemnor had a present enforceable right to use the alternate Jones property route, }3ttr• / /ix�ah`I ,•rnn +l ,,,. ... .1.0� „1 +1 +...+ ...1ri77.,....,...a..n-. t. — htr - a DIY r,za YAfa and therefore, we need not address whether the alternative route suggested by condemnee was reasonable. II. Next, condemnoe contends that, even if condemnor is entitled to a way of necessity, the trial court nevertheless erred in failing to restrict the width, character, and duration of the right of way. Specifically, condemnce asserts that the width and character of the right of way should provide solely for existing and historic uses of condemnor's property, and not accommodate future residential development. In addition, condemnee asserts that any way of necessity should terminate if and when another route is procured to access the land. We agree with condemnee that the way of necessity should be restricted. In its order, the trial court found only that "[g]iven the present zoning and permitted uses of [condemnor "s] property, vehicular traffic to and from [the] property would be infrequent and sporadic" and that the impact on condemnoe would be negligible. The court granted a 50 -foot wide, non - exclusive way of necessity for ingress and egress over parcel D, free of all rights of reversion, and denied condemnee's motion to amend its order to restrict construction. A. First, while we disagree with condemnee that the width and character of the way must be restricted to that which would accommodate only historic and existing uses, we agree that the court erred in failing to restrict use of the way. *953 1. 5 EL The opinion in Crystal Park Co. v. Morton. 27 Colo.App. 74, 146 P. 566 (1915) suggests that potential uses may be the basis for a condemnation action for a way of necessity. While it is not clear from the opinion whether the proposed use at issue was also an historic or existing use of the landlocked property, the court stated that: [I]t is clear that a natural person, owning [the landlocked property] and using or intending to use it for the purpose for which it is alleged to be the most valuable ... would have the right to a private way of necessity by which he could, in a reasonable and practical way, have access to and utilize the said lands. Crystal Park Co. v. ,Morton. supra. 27 Colo.Ap . at 87 146 P. at 571 (emphasis added). Furthermore, a comparison of the common law easement by necessity and the constitutional way of necessity supports the court's suggestion that the way of necessity should accommodate certain future uses. S [�J_ While the common law easement and way of necessity must be differentiated, see State Department of Highways v. Denver & Rio Grande Western R R Co., 789 P 2d 1088 1092 (Colo. 1990) (way of necessity "exists where the common law or other remedies do not provide a basis of access "), they both depend on a finding of necessity. They differ, however, in that the common law easement is fixed in the past by the intent of the grantor, whale the constitutional way of necessity only "exists because of necessity and not by reason of an implied grant." Slate Department o{ Hi hw s v. Denver & Rio Grande Western R.R. Co. su ra, 789 P.2d at 1092. j91- However, despite the fact that the extent of the common law easement is fixed by the intent of the grantor at the time of conveyance, it nonetheless can accommodate reasonable new uses. See Thomson v. Whinnery, 895 P.2d 537, 541 (,Colo. 1995) (conveyance may include not only historic and existing uses, but also "uses the parties reasonably might have expected based on normal development "). Because a constitutional way of necessity is not even limited by the intent of the grantor, it too should accommodate future uses when a condemnor can establish that the way is necessary for these reasonable uses. 2. 1V Vl 1'F -c- 19 The extent to which the way of necessity may be developed to accommodate future expected uses by condemnor is restricted only by the constitutional requirement of necessity. See Mortensen v. Mortensen, 135 Colo. 167, 309 P.2d 197 (L957) (court may inquire whether the property is necessary for the intended purpose, but neither the court nor the commissioners may inquire whether the proposed enterprise for which access is desired is either feasible or practical); Pine Martin Mining Co. v. Empire Zinc Co. 90 Colo, 529 11 P.2d 221 (1932). xc Nonetheless, this restriction is significant. The way of necessity is a "remedy of last resort" and the exceptions which allow a talcing for private use must be interpreted narrowly with any uncertainty resolved against the one asserting the right to condemn. See State Doartrnent a Highways v. Denver & Rio Grande Western R R Co supra. 789 P.2d at 1091. The constitutional authorization is intended only to allow landowners to access and use the lands in a reasonable and practical way; constitutional ways are necessary in the sense that they are "indispensable to the practical use of the property for which they are claimed." Cr ,1ststal Park Co. v. Morton. supra. 27 Colo -App. at 81. 146 P. at 569 (emphasis added). Further, an "owner of landlocked property is only authorized to condemn land for his or her own needs and use, and is not authorized to condemn land for another or some other use." State Department o Hi hwa s v. Denver & Rio Grande Western R.R. Co., supra 789 P.2d at 1093• see Brown v. McAnally, supra (landlocked property owner cannot condemn a private way in order to transfer it to the county for use as a public road in order to develop a subdivision). IL21 Here, the land is currently zoned A -2 agricultural, allowing agricultural activities, certain commercial utility uses, and, of particular *954 interest here, residential development at a density of one house per ten acres. Accordingly, the way of necessity over parcel D must be limited to provide access for all historic and existing uses, i.e., grazing, hunting, and woodcutting, as well as reasonably expected uses, measured by the current zoning of the property and any other relevant considerations. See West v. Hinksmon. supra (necessity depends on circumstances of the case). Kc j l Further, when, as here, the condemned right is in the nature of an easement, rather than for a fee simple interest, not only the extent of the easement, i.e., 50 feet wide, but the "scope of a condemnor's use of the easement is limited to the extent reasonably necessary for the purpose served by the taking, so that the landowner's right to use the easement area is as great as reasonably possible consistent with the purpose of the taking." 3 J. Sackman, Nichols on Eminent Domain § 9.03[3][c] (3d ed. 1994) (emphasis added). Here, condemnee argues that the existing 12 -foot wide paved private road is sufficient to serve the needs of condemnor. Further, it contends, widening the roadway to two lanes, as condemnor proposed, would unnecessarily diminish condemnee's current use of part of the easement on parcel D as open space. 5 j14 Because the scope of the condemned right can be limited so as to achieve its purpose most effectively, State Deparrment o Hi hways v. Denver & Rio Grande Western R.R. Co., supra and disputes which arise as to its scope are resolved, in part, by reference to the court's order of condemnation, a court must clearly define the extent of the easement, at the request of the condemnee, in order to avoid inevitable litigation over a vague condemnation order. See 3 J. Sackman, Nichols on Eminent Doinain § 9.05 (3d ed. 1994) (when condemnor subjects the property to uses not described in the taking, the landowner may sue for damages and just compensation); see also Doche 1'. Broomfield. 623 P.2d 69 (Colo.App.1980) (finding continuing trespass when manner or quantity of water flow exceeds previous level of damage which established drainage easement); Shrull v. Rapasardi, 33 Colo.App. 148. 517 P.2d 860 (1973) (court properly liinited. dimensions of ditch and yiy r°.L(t �14t3 :. -,_ v:.ragc i.i -ui X-r manner of maintenance after easement established). Furthermore, the eminent domain statute requires that the condemnation petition describe in detail the nature of the use to be made of the land so that the burden on the landowner can be accurately evaluated. See § 38 -1- 102, C.R.S. (1982 Repl.Vol. 16A); State Department of Hihwcrys V. Woolley, 696 P.2d 828 (Colo.App.1984); 61 Sackman, Nichols on Eminent Domain § 26.112 (3d. ed.1995). The trial court's order here does not reflect these considerations. Kc Li 5 Consequently, and with particular regard to its findings -that vehicular traffic from condemnor's property will be infrequent and the impact on condemnee negligible, the trial court must make further findings on the character of a way for ingress and egress which would be "indispensable" for use of the property for both the historic and existing uses and for what additional improvements are indispensable for any reasonably expected use of the property as limited under its current zoning designation. Cf. Board of Coun�y Commissioners v. Ogh urn, 38 Colo.App. 212, 554 P.2d 700 (1976) (since passageways by prescription are confined to the extent of actual adverse use, court order should specifically define extent to avoid future litigation); see also De Reus v. Peck 114 Colo. 107, 162 P.2d 404 (1945). B. Condemnee also argues, and at oral argument condemnor did not contend otherwise, the way of necessity must terminate if and when another route is procured to access the land. We agree. KC, [1 b Condemnation passes only such estate or interest as is required to accomplish the purpose of the condemnation. When a mere easement or terminable fee is granted, the land reverts when condemnor ceases to use the grant for the purposes specified. See Lith ow v. Pearson. 25 Colo.A . 70, 135 P. 759 (1913). xc *955 17 Since the way of necessity should be interpreted narrowly because it interferes with anther's enjoyment of his or her property, see State Department ofHizhwqys v. Deaver & Rio Grande Western R -R. Co., supra, the way of necessity should not last any longer than would the comparable common law easement by necessity, or any other easement granted for a specific purpose. xc [18L [19]_ At common law, easements by necessity are terminable upon a change of circumstances. See Proper v- Greager. 827 P.2d 591 (ColoApp.1992) (common law easement by necessity lasts only as long as the necessity continues). Because both the way and easement by necessity are based on a finding of necessity, the way of necessity should also terminate upon a change of circumstances that eliminates the necessity. Cf. Sentell v. Williamson County, 801 S.W.2d 220 (Tex.App.1990) (termination clause in express easement analogous to easement by necessity). KC [dal- Moreover, reversion to the condemnee is not unjustified simply because condemnor has paid value for the way. The power to take by eminent domain is qualified and the title taken must also be qualified. This fundamental principle cannot be "destroyed by the mere fact that constitutions and statutes may require the condemnor to pay full value for the thing taken," Lilhgow v. Pearson. supra 25 Colo.App, at 82, 135 Peat 763, although the amount to be paid presumably will reflect the qualification in title. KC [21 Consequently, since the constitutional way of necessity is based solely on the need for access, it may not be exploited merely to establish the first of several access routes to landlocked property. Thus, the easement granted to condemnor should reflect the potential for termination of the way of necessity if and when another access route is established to serve the property interests that exist at that time. See Crystal Park Co. v. _Morton, supra: cf. Smith v. Wright. 161 Colo. 576, 424 P.2d C Y17 r.LU X40 ,� ragc i,& ui 1-. 3 'V 384 (1967) (cessation of the primary purpose for which an easement was granted does not terminate the easement when it is not shown that such purpose was the sole purpose of the grant). M. Finally, condemnee argues that the trial court erred in its determination of compensation for the condemnation by failing to consider evidence and award damages for all residual property, and by failing to award costs for condemnee's expert witnesses. Because we remand to the trial court for further findings on the extent, character, and duration of the easement, the commissioners must necessarily reevaluate the amount of compensation to be awarded. Since issues related to the admission of evidence and calculation of damages may arise again, we address them here. A. First, condemnee argues that the trial court erred in not instructing the commissioners that residual damages include both diminution in value of all parcels within the Genesee development, as well as the present value of future development of aU parcels. Condemnor argues that all parcels must be included in the residue because all PUD property owners form condemnee, the Genesee Foundation -- the homeowners' association for the development- -which owns parcel D as part of the common open space of the Genesee PUD. We disagree. j2U 5 When a portion of a landowner's property is taken, just compensation includes payment for the portion actually taken and damages for injury to the remainder of the property. See $ 3838 -1 114(1). C.R.S. (1995 Cum.Supp.). KG L23 J_ The proper measure of compensation for damage to the remainder is the reduction in market value of the remaining property, with compensation measured either at the time the petitioner is authorized to take possession or at the date of the proceeding in which compensation is assessed. Colorado Mountain Properties. Inc- v. Heineman, 860 P.2d 1388 (Colo.App.1993}. Both contiguous and non - contiguous property of the condemnee may be treated as residue if the property is considered part of a single unit of operation with the taken property. See *956 Board o County Commissioners v. Noble, 117 Colo. 77; 184 P.2d 142 (1.947); Board of County Commissioners v. Delaney. 41. Colo.App. 548, 592 P.2d 1338 (1978). Apart from a situation, not at issue here, in which access to property is impaired by a condeninor's disturbance of adjacent property, see ,State De -partment ofHighivays v. Davis 626 P.2d 661 (Colo. 19911, Colorado courts have not decided to what extent, if any, an individual may recover for "residual" damage due to a taking of a neighbor's property when none of the individual's property is actually taken. However, in dicta in La Plata Electric Assn v- Cummins, 728 P.2d 696. 701 -02 (Colo. 19861 the supreme court suggests the need to limit residual damage awards to persons who have property actually taken, stating: [P]roperty owners may be entitled to only those damages to the remainder that are attributable to the use of or activity on the land that has been taken from there and not to damages resulting from the use of adjoining lands for the same project.... The court's rationale for lily iting residual damage awards to the owners of property actually taken is that: [A]bsent recognized and narrowly defined legal wrongs, such as nuisance, a landowner has no legal right and therefore no expectation to control or limit activities on lands other than his own, La Plata Electric Assn v. Cummins, supra (fn.4). 9 24 I Applied here, this rationale limits residual damages to property owned by condemnee, i.e., the common areas of the PUD, excluding from the residue both properties adjacent to parcel D and all other privately held properties in the PUD. Furthermore, we disagree with condemnee that the principle of treating as residue all of a condemnee's property used as a "single unit of operation" with the taken land, established in Board 0 d� 1 y r La Y*6 R r - r G iJ l)1 1't _ ham, �r , g��,� -,� ... +G FLi'! _. =i-✓- .L Yr�E W _ County Commissioners v Noble, supra, should be extended under the circumstances here to properties held by several landowners. First, all of the property of the Genesee PUD is "one economic unit" only to the extent that it is governed by a set of covenants established by the articles of incorporation and bylaws of the foundation. Whale the Genesee PUD covenants provide that all PUD property owners can use and possess the common areas, private covenants resolve the rights and duties among the residents of a PUD, but do no less nor more than traditional covenants. See 4A K Powell & P. Rohan, Powell on Real Property 1630.10[41 at 53B-40 (1995). Thus, they do not create any additional rights in the condemnee, the foundation, or homeowners as against a condemnor. Furthermore, even the Genesee PUD covenants recognize that all of the properties within the development are not, as condemnee contends, "one economic unit." Specifically, while common areas of the Genesee PUD are maintained for the common benefit and through fee assessments on all of the member homeowners, individual properties are privately held and maintained. Under the covenants, any maintenance of private properties by condemnee is done at the expense of the individual property owner. In addition, the foundation is a non -profit corporation, a separate entity under Colorado law, The private assets of shareholders are neither subject to the debts of the corporation, nor is individually held property affected by corporate dealings. See && 7-40 -101, et seq., C.R.S. (1986 Repl.Vol. 3A) and 7- 106 -203, C.R.S. (1995 Cum.Supp.). A primary reason for homeowners' associations to incorporate, as here, is to insulate both the individual homeowners and the association from the other entity. Neither entity is responsible for liabilities and judgments against the other unless courts find a basis for piercing the corporate veil. Further, problems of allocating condemnation and insurance awards can be minimized with a homeowners' association since homeowners carry separate casualty insurance policies and a particular owner whose property is condemned will be exclusively entitled to the award. See generally, Schreiber, .Lateral Housing Developments, 117 U. Pa. L.Rev. 1104 (i969�. Furthermore, a right to use PUD common areas as generally an easement appurtenant to the residential lots rather than a license *957 held by virtue of association membership. See 38 U.S.C. § 1803(d)(D (VA Policies.& Procedures for PUDs); 4A R. Powell & P. Rohan, Powell on Real Property 1 630.10 [6] at 53B -87 (1995). While the condemnation award must compensate for damages to the easement itself, there is no basis in Colorado law for extending the damage award to include impacts to the entire dominant estate to which the easement is appurtenant. Consequently, the private property of all of the homeowners which form the Genesee Foundation is not "one economic unit" for purposes of calculating condemnation residual impacts. Thus, the court did not err in refusing to hear evidence on the value of property held individually by the foundation members, or to consider impacts to their individual properties. B. Finally, condemnee contends that the trial court erred in its determination of costs_ We disagree. KC 25 The amount of compensation for expert witnesses must be reasonable and is within the discretion of the trial court. See Rullo v. Public Service Co., 163 Colo_ 99 428 P.2d 708 (1967); Worthen Bank & Trust Co_ v° Silvercool Service Co.. 687 P 2d 464 (Colo App.1984). Mere, as discussed, the trial court properly excluded impacts to individual PUD property owners from the assessment of residual damages. Consequently, the court properly excluded the costs of expert witnesses who would have testified to those impacts. The decree is affirmed insofar as it determined that condemnor is entitled to a way of necessity for ingress and egress across condemnee's land and as to the award of costs. The decree is reversed insofar as it made the way of necessity perpetual and failed to establish the proper extent of the way in size and use and as to the value of the way. The cause is remanded for further proceedings consistent with this opinion. 91-9 P.ld 946 rages i-r �►� 1-r BRIGGS and TAUBMAN, JJ., concur. isColo.App.,1996. END OF DOCUMENT Copr. d West 2002 No Claim to Or g. U.S. Govt. Works • 1'� *on Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970- 479 -2138 FAX 970 - 479 -2452 www. ci. vail. co. us September 11, 2002 Sonnenalp Resort Comments From Greg Hail and Todd Oppenheimer 1. Survey inconsistencies. Improvements on stream tract previous survey showed not now line moves north, to accommodate improvements to property line. 2. Provide Flood Plain Study to prove claims in application. 3. Loading in delivery: Cannot take multi use reduction berths need to be as follows. a. Not in front of set back b. Need to be in one place. c. Need to accommodate maneuvering on site with in lot lines. 40 d. Minimum size 12x25. We are requiring size to be 1- 12x50, 1- 12x40, 2 -1205 plus trash. e. Existing loading area needs to go away. 4. PA Zone district requires traffic mitigation $5,000 /each PM peak trip. May be offset by improvements. Credit for additional loading. 5. Parking plan provides too many valet, whole garage is valet. 6. How does connection from loading get to kitchen storage areas? 7. Need to provide Sun /Shade analysis of 20' setbacks to allow encroachment. 8. Encroachment at intersection of Meadow Drive and Willow Bridge Road is unacceptable. Streetscape plan wants to encourage a special event plaza. This plan reduces the area of the plaza down. 9. Show transit stops. 10. The size of the curb cut on Willow Bridge Road is large. 11. Show transition of existing planter and truck parking to the South of property on Willow Bridge Road. 0 12. Show Flood Plain on site and grading plans. 13. Which utilities are to be relocated? Attachment: G 14. Storm drain under building needs to be relocated and tied to system at Vail Road. Shading of roadway will require drainage system to collect water quicker off the surface and be put into storm system. 15. Talisman access to surface can be accommodated through garage. Standards are 12% headed with engineered design 16% heated. Access and parking should be within easement and property. 16. How are improvements on each others property being accomplished? 17. Remove walks on stream tract behind Talisman. 18. Provide Pedestrian Easements along East Meadow Drive. 19. Sight distance at Vail Road/Meadow Drive and Meadow Dr/Willow Bridge Road intersections must be maintained as well as all access points. 20. Parking Garage on sewer easement, need to move sewer and easement. 21. The grade on Willow Bridge Road to match elevation of the road appears to be 61.5 not 60. 22. The building should step up so grade at Willow Bridge Road is not in a hole. 23. Transit stops should not be in neck downs. 0 24. Provide pedestrian connection across Talisman frontage. 25. Developer to incorporate Public Art needs to coordinate with AIPP. 26. Developer to incorporate streetscape improvements along entire frontage plus tie in beyond. Streetscape to match Town of Vail plan, improvements to include all work, drainage improvements, planter walls, lighting, street furniture, walls, pavements and beat if required etc. 27. See revised loading plan A2 -0. 28. Provide 30" sign easement. 29. Final site plan to be consistent with and coordinated with the East Meadow Drive Streetscape design. 30. Crossroads intersection: Swiss Haus entrances? to roadway and planter /stairway configuration are inconsistent with streetscape goal of maximizing intersection as? Plaza. Building should be moved back from right -of -way line and grades matched to roadway outside of right-of-way line. 31. Lighting plan: Number of architectural light fixtures is excessive and inconsistent with strectscape plans. Fixtures have exposed light source this will cause considerable glare. Applicant should consider having a professional lighting design and washing walls with concealed light source. Lighting of the street can be accomplished through the streetscape design. 32. Strectscape encroachments: Encroachments of streetscape improvements, namely drain pan, are shown incorrectly and will be pulled back to right -of -way line. 33. Vail Road Intersection: Modify walking areas to better align with crosswalk location. Retain planting along edge of "neck down" area with modifications. 34. Additional planting areas: Consider placing small planting areas at the base of columns along Bavaria House. 35. Transit stop location: Coordinate location for east bound transit stop with streetscape design and Vail Transit Managers. 36. Pedestrian easement: Provide minimum of 4' pedestrian zone with streetscape pavers along Talisman frontage. • • Ul C N Z 0 .'• C q C cti rn m J � r r V ♦ � is d G 41 L p, •r rd di _ 7 _ r L Lp U r- •R II! A w N G -.7-. -. z N •.- r p` • y1 . 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PIAjJy �1' -2 -3 . r I-T /p1Aari • #1 -2 Vail Road Intersection Possible realignment of intersection in conjunction with relocation of the Ski Museum. Focus of redesign should be to establish a small park and pedestrian entry for the west end of the Village and to provide a visual barrier to discourage vehicular traffic from heading south on Vail Road from the 4 -way stop. Specific design of ski Museum site to be included in West Meadow Drive pedestrian improvement project. The pedestrian connection both north and south along Vail Road should also be improved. Special emphasis on 3.2, 3.4, 4.1, 5.3, 5.4. #1 -3 Sonnenalp (Bavaria Haus) Infill Commercial infill development with second floor residential /lodging to enclose Meadow Drive and improve the quality of the pedes- trian experience. Designated walkways and plazas with greenspace should interface with those of the Vail Village Inn. A pedestrian walkway (possibly arcade) should be provided to encourage pedestrian circulation physically removed from West Meadow Drive. Mass of building should not create a shadow pattern on Meadow Drive. Development will require coordination and /or involvement with adjacent property owners. Existing and new parking demand to be provided on site. Special emphasis on 1.2, 1.3, 2.3, 2.4, 2.6, 3.1, 3.4, 4.1, 5.1, 6.1. Attachment: I l� ZP. ` — l E,,�;•� ALISMAN rAEnodW � f��, 1 3 \5014tf5NwLe" 12 12' #1-4 Sonnenalp East (Swiss Chalet) Inf ill - Commercial infill of north facing alcove of existing structure to. provide shops and pedestrian activity. A plaza with greenspace shall be developed in conjunction with the adjacent plaza at the Vail village Inn. Fire access and on -site parking are two issues to be addressed in the design and development of this project. Special emphasis on 2.4, 2.5, 2,6, 3.1, 3.2, 4.1, 5.1, 6.1, 6.2. #1 -5 Willow Bridqe Road Walkway A decorative paver pedestrian. walkway, separated from the street and accented by a strong landscaped area to encourage pedestrian circulation along Meadow Drive. Loss of parking will need to be relocated on site. Special emphasis on 3.4, 5.1. • a r__1 0 Sonnenalp Redevelopment Adjacent Property Owners List August 2002 Attachment: J DORE, WILLIAM J. C10 DORE' FAMILY OFFICE 5151 SAN FELIPE ST STE 900 HOUSTON, TX 77056 -3607 1 BILLUPS, M. & LA -LEWIS L.B_- MANNIX, FB - BILLUPS, JAMES S, III TRUSTEE 8301 BROADWAY STE 319 SAN ANTONIO, TX 78209 l TREVINA LP 600 5TH AVE 8TH FL NEW YORK, NY 10020 VAIL CORP PO BOX 7 VAIL, CO 81658 l HIBBERD, FRED, JR 45 SKYLINE JACKSON, WY 83001 1 FIRST BANK OF VAIL C/O FIRSTBANK HOLDING CO PO BOX 150097 LAKEWOOD, CO 80215 KOVENER, RONALD R. & CAROLYN 0. 2266 E CAPE COD DR BLOOMINGTON, IN 47401 KNIGHT, MARK E. CIO KNIGHT OIL TOOLS FOUET RD LAFAYETTE, LA 70508 REISHER, ROGER L, 2400 CHERRY CREEK S DR #405 DENVER, CO 80209 -3258 l 333 TRUST MARILENA PIRAS TRUSTEE 415 STEELE ST DENVER, CO 80206 -4416 VAIL RELIGIOUS FOUNDATION ING % REV. DON SIMONTON Attachment: J 4 F 19 VAIL RD VAIL, CO 81657 1 VAIL VILLAGE INN INC 100 E MEADOW DR #33 VAIL, CO 81657 VAIL VILLAGE INN PLAZA CONDOMINIUM ASSOCIATION PHASE 1 AND 2 C/O SLIFER MANAGEMENT 143 EAST MEADOW DR, VAIL, CO 81657 1 VAIL VILLAGE INN PLAZA CONDOMINIUM ASSOCIATION PHASE 3 AND 5 C/O JOSEPH STAUFER 100 EAST MEADOW DR. VAIL, CO 81657 1 HOLIDAY HOUSE CONDOMINIUM ASSOCIATION CIO RICHARD SCAPELLO 9 VAIL ROAD VAIL, CO 81657 1 CROSSROADS CONDOMINIUM ASSOCIATION 143 EAST MEADOW DRIVE, SUITE 499A VAIL, CO 81657 I BISHOP PARK CONDOMINIUM ASSOC % PHILLIPS & ASSOC INC PO BOX 1403 VAIL, CO 81658 1 RIVER HOUSE CONDOMINIUM ASSOCIATION PO BOX 3459 VAIL, CO 81657 l B. B. & C. PTNSHP CIO JACK CURTIN 757 S VINE DENVER, CO 80209 1 VILLAGE CENTER ASSOC 124 WILLOW BRIDGE RD VAIL, CO 81657 1 VILLAGE CENTER CONDOMINIUM ASSOCIATION CIO SIERRA MANAGEMENT PO BOX 3842 VAIL, CO 81658 1 JACOBS, WILLIAM T., JR 2001 W JEFFERSON ST JOLIET, IL 60435 *I HAMILTON, DAVID R. & CATHARINE C. 1500 N LAKE SHORE DR CHICAGO, IL 60610 1 ZAALE, DONALD & BARBARA JEAN 3102 MAPLE AVE STE 100 DALLAS, TX 75201 1 FREDERICK R. MAYER QUALIFIED PERSONAL, RESIDENCE TRUST" 1702 WAZEE ST DENVER, CO 80202 1 RIVER HOUSE CONDOMINIUM ASSOCIATION PO BOX 2015 EDWARDS, CO 61632 1 SITZMARK AT VAIL INC 183 GORE CREEK DR VAIL, CO, 81657 1 EDELWEISS CONDOMINIUM ASSOCIATION 103 WILLOW PLACE VAIL, CO 81657 1 TALISMAN CONDOMINIUM ASSOCIATION 62 E MEADOW DR VAIL, CO 81657 • THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12 -3 -6 of the Municipal Code of the Town of Vail on September 23, 2002, at 2 :00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a worksession to discuss a proposed major exterior alteration; a conditional use permit to allow for a fractional fee club in the Public Accommodation zone district; a variance IL from Section 12 -7A -2 (Permitted Uses), Vail Town Code, to allow for retail uses in excess of 0% of the total gross residentiai floor area of the structure; and a variance from Section 12 -7A- 10 (Landscaping & Site Development), Vail Town Code, to allow for a deviation from the total andscape area requirement, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive /Lots K & L, Block 5E, Vail Village 1" Filing, Applicant: Sonnenalp Properties, Inc., represented by Braun Associates, Inc. Planner: George RutherlWarren Campbell A request for a recommendation to the Vail Town Council of a proposed major amendment to Special Development District No. 4, Cascade Village, Development Area B, to amend the setback requirements as indicated on the approved development plan, located at Coldstream Condominiums, Unit # 25, 1476 Westhaven Drive /Lot 53, Glen Lyon Subdivision. Applicant: James and Jane Kaufman, represented by Fritzien Pierce Architects Planner: Allison Ochs A request for a final review of a final plat of Lots 11 and 12, Block 2, Vail Village 12th Filing, and Tract C, Block 1, Vail Village 12th Filing, located at 3160 N. Frontage Road East and 3010 N. Frontage Road East and setting forth details in regards thereto. Applicant: Vail Mountain School, represented by Braun Associates, Inc. Planner: Russ Forrest A request for a recommendation to the Vail Town Council, to allow for text amendments to Title 11. Sign Regulations, Vail Town Code, and setting forth details in regards thereto. Applicant: Town of Vail Planner: Russell Forrest A request for a final review of a final plat for a major subdivision; a request for a final review of a conditional use permit to allow for a private educational institution and development plan approval to construct employee housing; and setting forth details in regards thereto, located at the site known as "Mountain Bell " /an unplatted piece of property, located at 160 N. Frontage Rd. /to be platted as Middle Creek Subdivision. A full metes and bounds description is available at the Community Development Department. Applicant: Vail Local Housing Authority, represented by Odell Architects Planner: Allison Ochs The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 479 -2138 for information. �� ►`F °` 1 it TOWN, OF tAIL � i MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 23, 2002 SUBJECT: A request for a conditional use permit, to allow for a public utility installation, located at the East Vail Water Tank, 5004 Snowshoe Lane /Summer Recreational Area, Vail Meadows Filing 1. Applicant: Town of Vail Planner: Bill Gibson L SUMMARY The applicant, Town of Vail, is requesting approval of a conditional use permit to allow for a public utility installation, located at the east Vail water tank site, 5004 Snowshoe Lane. Based upon staffs review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval of this request subject to the findings noted in Section IX of this memorandum. II. DESCRIPTION OF REQUEST The Town of Vail is requesting approval of a conditional use permit to allow for a public utility installation, located at the east Vail water tank site, 5004 Snowshoe Lane. This proposed public utility installation is a Public Safety Radio installation consisting of an equipment building and a communications tower. This proposed Public Safety Radio installation will serve as a "fill' site in the Eagle County Trunked Safety Network to provide continuous communications coverage in the East Vail area for Police, Fire, EMS and other Town and County agencies. The proposed equipment building will be a single -story, 8 foot by 8 foot concrete structure painted to match the existing water tank. The proposed communications tower will be a 44 foot self supporting, "monopole" type tower supporting 2 panel type antennas. The proposed tower will also be painted to match the existing water tank. III. BACKGROUND As further described in the attached Motorola "Executive Summary", the Eagle County Trunked Public Safety Network consists of several communications sites throughout Eagle County to provide communications for Police, Fire, EMS, and other Town and County agencies. It has been determined that the east Vail area currently does not have continuous 0 communications coverage and there is a need for the construction of an additional Public Safety Radio installation to "fill' these uncovered areas. Based upon several coverage tests 1 conducted by Motorola in 2001, the site commonly known as the east Vail water tank site was selected as the most appropriate "fill" site location. Access to this site is currently controlled by the Eagle River Water and Sanitation District which provides added security for this proposed Public Safety Radio installation. This site is currently owned by the Town of Vail, and is zoned General Use. The site is the current location of one 33 foot tall, 500,000 gallon above grade water storage tank, a 1,000,000 gallon below grade water storage tank, several smaller below grade water storage tanks and associated utility facilities. Based upon the Official Town of Vail Geologic Hazard Maps, this property is located within several geologic hazard zones including: High Hazard Debris Flow, Moderate Hazard Debris Flow, Medium Severity Rockfall, High Avalanche Hazard, and Possible Avalanche Influence Hazard. At its August 7, 2002, public hearing the Town of Vail Design Review Board approved the proposed Public Safety Radio installation subject to the following conditions: 1. The Design Review Board's approval is contingent upon the applicant receiving the Planning and Environmental Commission's approval of a conditional use permit for this proposal. 2. The proposed building and tower shall be painted to match the existing east Vail above grade water storage tank prior to the issuance of final building inspection approval. At its August 12, 2002, the Planning and Environmental Commission reviewed this proposal and voted 6 -0 to table this item until such time as a site specific geologic investigation is completed for this proposal. The Planning and Environmental Commission directed the applicant to reevaluate the proposed location of the Public Safety Radio installation to minimize its visibility and to address the results of the site specific geologic investigation. Since the August 12, 2002, Planning and Environmental Commission public hearing, the applicant has proposed to relocate the proposed Public Safety Radio installation from its previous location south and east of the existing above grade water storage tank to approximately 100 feet north (downhill) and 20 feet east of the existing above grade water storage tank. This new proposed location will reduce the visibility of the proposed installation due to its lower elevation on the site and closer proximity to the existing tree line along the north side of the site_ On September 16, 2002, Arthur I. Mears, P.E., Inc., Natural Hazards Consultants, submitted the results of their site specific geologic investigation of this proposal. A copy of this study has been attached for reference (see Attachment G). This investigation has determined that the proposed Public Safety Radio installation is not exposed to rockfall or debris flow hazards and will not require any hazard mitigation. The investigation has determined that the proposed Public Safety Radio installation is exposed to a "blue zone" snow avalanche hazard with an estimated return period of 50 to 100 years (an annual probability of 1 % to 2 %). The investigation has determined that an avalanche event may 2 • cause damage to the proposed Public Safety Radio installation. However, the impact of such an avalanche will not increase the hazard to residential buildings, other private property or any public property, facilities or right -of -ways. IV. ROLES OF REVIEWING BODIES Planning and Environmental Commission: Action: The PEC is responsible for final approval /approval with conditions /denial of a conditional use permit. The PEC is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 6. Such other factors and criteria as the Commission deems applicable to the proposed use_ 6. Conformance with development standards of zone district. Design Review Board: Action: The DRB has NO review authority on a conditional use permit, but must review any accompanying DRB application. Town Council: Actions of DRB or PEC maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the PEC or DRB erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. 3 V. APPLICABLE PLANNING DOCUMENTS 0 Town of Vail Zoning Regulations (Title 12, Vail Town Code) The east Vail water tank site is zoned General Use. Pursuant to Section 12 -9C -1, Vail Town Code, the purpose of the General Use zone district is as follows: PURPOSE: The general use district is intended to provide sites for public and quasi - public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in section 12 -1 -2 of this title and to provide for the public welfare. The general use district is intended to ensure that public buildings and grounds and certain types of quasi- public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. Section 12 -9C -3, Vail Town Code, identifies public utilities installations including transmission lines and appurtenant equipment as a conditional use in the General Use zone district. 0 For the Planning and Environmental Commission's reference, Section 12 -16 -1, Vail Town Code, identifies the purpose for a conditional use permit as follows: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. • 4 In the General Use zone district, development standards are prescribed by the Planning and Environmental Commission. Section 12 -9C -5, Vail Town Code, states: Prescribed by Planning and Environmental Commission: In the general use district, development standards in each of the following categories shall be as prescribed by the planning and environmental commission: 1. Lot area and site dimensions. 2. Setbacks. 3. Building height. 4. Density control. 5. Site coverage. 6. Landscaping and site development 7. Parking and loading. Reviewed By Planning and Environmental Commission: Development standards shall be proposed by the applicant as a part of a conditional use permit application. Site specific development standards shall then be determined by the planning and environmental commission during the review of the conditional use request in accordance with the provisions of chapter 16 of this title. is Based upon Section 12 -2 -2, Vail Town Code, this proposed Public Safety Radio installation is not defined as a structure" and is therefore not subject to many of the development standards prescribed by the Town of Vail Zoning Regulations (Title 12, Vail Town Code). The definition of "structure" as prescribed by Section 12 -2 -2, Vail Town Code, is as follows: Structure: Anything constructed or erected with a fixed location on the ground, but not including poles, lines, cables, or other transmission or distribution facilities of public utilities, or mailboxes or light fixtures. At the discretion of the design review board, swimming pools and tennis courts may be exempted from this definition. Town of Vail Land Use Plan The Town of Vail Land Use Plan designates the east Vail water tank site as Open Space (OS). This land use designation is described by the Town of Vail Land Use Plan as follows: Passive recreation areas such as greenbelts, stream corridors and drainage ways are the types of areas in this category. Hillsides which were classified as undeveloped due to high hazards and slopes over 40% are also included within this area. These hillside areas would still be allowed types of development permitted by existing zoning, such as one unit per 35 acres, for areas of agricultural zoning. Also, permitted in this area would be institutional /public uses. A The Town of Vail Land Use Plan includes the following goal statements that staff believes are applicable to this proposal: 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. Town of Vail Comorehensive Open Lands Plan The Action Plan map of the Town of Vail Comprehensive Open Lands Plan identifies this site as a portion of the South Trail "Parcel 47 ". The following text from the Action Plan excludes the east Vail water tank site from the open space development recommendations of the plan and encourages the continued use of the site for public utilities: Parcel 47: "Recreation Area" (not including water tank site) High priority: TO acquire conservation easement for trail, trailhead, picnic area and continued use of water tank. This parcel is in a hazard area. V1. SITE ANALYSIS • Zoning: General Use Land Use Plan Designation:. Open Space Current Land Use: Open Space /Public Utilities Lot Area: 130,506 sq.ft. (2.996 ac) Hazards: High Hazard Debris Flow, Moderate Hazard Debris Flow, Medium Severity Rockfall, High Avalanche Hazard, and Possible Avalanche Influence Hazard Development Standard Allowed Existing Proposed Setbacks: Front: NIA N/A NIA Sides: N/A N/A N/A Rear: NIA NIA NIA Building Height: NIA NIA N/A Density: NIA NIA NIA GRFA: N/A N/A N/A Site Coverage: N/A N/A N/A Landscape Area: N/A NIA NIA Parking: N/A N/A N/A • C1 0 • VII. SURROUNDING LAND USES AND ZONING VIII. CRITERIA AND FINDINGS Zoning Two - Family Residential (R) NiA Natural Area Preservation (NAP) NIA The review criteria for a request of this nature are established by the Town Code. The proposed public utility installation is located within the General Use zone district. Therefore, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12 -16, Vail Town Code. A. Consideration of Factors Re_, ardhq the Conditional Use Permit: Relationship and impact of the use on the development objectives of the Town. The Town of Vail Land Use Plan designates the east Vail water tank site as Open Space (OS). This land use designation is described by the Town of Vail Land Use Plan as follows: Passive recreation areas such as greenbelts, stream corridors and drainage ways are the types of areas in this category. Hillsides which were classified as undeveloped due to high hazards and slopes over 40% are also included within this area. These hillside areas would still be allowed types of development permitted by existing zoning, such as one unit per 35 acres, for areas of agricultural zoning. Also, permitted in this area would be institutionalfpublic uses. The proposed Public Safety Radio installation is consistent with the Town of Vail Land Use Plan's Open Space land use designation, since the proposed Public Safety Radio installation is a public use that is conditionally permitted by zoning. In addition, the Town of Vail Land Use Plan includes the following goals statements that Staff believes are applicable to this proposal: 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. Land Use North: Residential South: White River National Forest East: Open Space West: White River National Forest VIII. CRITERIA AND FINDINGS Zoning Two - Family Residential (R) NiA Natural Area Preservation (NAP) NIA The review criteria for a request of this nature are established by the Town Code. The proposed public utility installation is located within the General Use zone district. Therefore, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12 -16, Vail Town Code. A. Consideration of Factors Re_, ardhq the Conditional Use Permit: Relationship and impact of the use on the development objectives of the Town. The Town of Vail Land Use Plan designates the east Vail water tank site as Open Space (OS). This land use designation is described by the Town of Vail Land Use Plan as follows: Passive recreation areas such as greenbelts, stream corridors and drainage ways are the types of areas in this category. Hillsides which were classified as undeveloped due to high hazards and slopes over 40% are also included within this area. These hillside areas would still be allowed types of development permitted by existing zoning, such as one unit per 35 acres, for areas of agricultural zoning. Also, permitted in this area would be institutionalfpublic uses. The proposed Public Safety Radio installation is consistent with the Town of Vail Land Use Plan's Open Space land use designation, since the proposed Public Safety Radio installation is a public use that is conditionally permitted by zoning. In addition, the Town of Vail Land Use Plan includes the following goals statements that Staff believes are applicable to this proposal: 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. Staff believes that this proposal meets these development objectives of the Town of Vail Land Use Plan. The Town of Vail Comprehensive Open Lands Plan identifies this site as a portion of the South Trail "Parcel 47 ". However, the text from the Action Plan excludes the east Vail water tank site from the open space development recommendations of the plan and encourages the continued use of the site for public utilities. Staff believes that this proposal meets the development objectives of the Town of Vail, the objectives of the applicable master plans, and improves the safety and well -being of life and property within the east Vail area. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. The proposed addition to the Public Safety Radio installation will have minimal impacts on light and air, distribution of population, transportation facilities, schools, or parks and recreation. This proposed Public Safety Radio installation will operate in the same frequency range as cellular and will present no more interference potential than the two existing cellular towers located to the southeast of this site. Staff believes that the proposed Public Safety Radio installation will improve the effectiveness of local communications utilities and will greatly benefit the community's public safety needs as it provides continuous communications coverage in the East Vail area for Police, Fire, EMS and other City and County agencies. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Since this Public Safety Radio installation will be remotely monitored and will only require a few vehicular trips annually for maintenance, Staff does not believe that the proposed Public Safety Radio installation will have any negative impacts on the above- referenced criteria. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The Design Review Board has conditionally approved this proposal and required that the Public Safety Radio installation building and flower be painted to match the existing east Vail above grade water storage tank to minimize the visual and aesthetic impacts of this proposal on the surrounding uses. Staff believes that the proposed Public Safety Radio installation will have minimal negative impacts E:] • in comparison to the existing site conditions on the above - referenced criteria. B. The Planning and Environmental Commission shall maize the following findings before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the General Use zone district. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. IX. STAFF RECOMMENDATION The Community Development Department recommends approval for a conditional use permit, to allow for a public utility installation, located at the east Vail water tank site, 5004 Snowshoe Lane /Summer Recreational Area, Vail Meadows Filing 1. Staffs recommendation is based upon the review of the criteria in Section Vlll of this memorandum and the evidence and testimony presented, subject to the following findings: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the General Use Zone District. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. X. ATTACHMENTS A. Vicinity Map B. Publication Notice C. Narrative for Gore Tank Site D. Motorola Executive Summary E. Site Layout F_ Tower & Antenna Specifications /Photo 40 G. Site Specific Geologic Investigation 9 ATTACHMENT A Vicinity Map east Vail water tank site 5047 5 5114 f �/ 5128 5074 1 32 8 9 - - -_ 5037.{' 29 6 5112 5134 5084 31 5075 7 9 5027 28 5104 5136 30 5095Sy�' 9 ,/ 50380 10 52021, 27 5142 Z - - 26 5035 11 10 25 5053 r 5148 5211 24 5033 11 5013 - 5154 5213 1 Sj,�OWSHC)E LN - � 13 15 20 23 5184 5002 / 21 5155 5164 22 14 5142 5174 r`? 16 5194 5176 .� 17 18 5195 5185 3 5207 4 5207 5 5209 6 5210 7 5211 12\ I 5215 • • ATTACHMENT B THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12 -3 -6 of the Municipal Code of the Town of Vail on August 12, 2002, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a variance from Section 12 -68 -6 (Setbacks), Vail Town Code, to allow for a garage encroachment in the rear setback, located at 5167 Gore Circle /Lot 12, Block 3, Bighorn Subdivision 5' Addition. Applicant: Rolland S. Hamelin Planner: Matt Gennett A request for a final review and recommendations of the following applications related to the proposed redevelopment of the Vail Mountain School: 1) A request for a recommendation to the Vail Town Council to rezone 3010 Booth Falls Road /Lot 11, Block 2, Vail Village 12`h Filing from Two - Family Residential to General Use; 2) A request for a recommendation to the Vail Town Council to Zone Lot 12, Block 2, Vail Village 12 " Filing to General Use, The northern portion of this lot is zoned Agriculture Open Space; 3) A request for a recommendation to the Vail Town Council to rezone Tract C, Block 1, Vail Village 12" Filing from Two- Family Residential to General Use; 4) A request for a recommendation to amend the official Town of Vail Land Use Map for Tract C, Block 1, Vail Village 12"' Filing from Low Density Residential to Public /Semi- Public; 5) A request for an amendment to the previously approved development plan and a new conditional use permit for a private educational institution and an active outdoor recreation area on 3010 Booth Falls Road /Lot 11, Block 2, Vail Village 12' Filing and 3160 N. Frontage Road East/ Lot 12, Block 2, Vail Village 12"' Filing; 6) A request for a conditional use permit to allow for the construction of eight Type III EHUs located on Tract C, Block 1, Vail Village 12'h Filing; 7) A request for a for a conditional use permit to allow for temporary modular classroom structures located at 3160 N. Frontage Rd. East/ a part of Lot 12, Block 2, Vail Village 12'h Filing; 8) A request for a recommendation to the Vail Town Council to modify the official Town of Vail Rockfall Hazard Map to indicate approved mitigation for 3160 N. Frontage Road /Lot 12, Block 2, and Tract C, Block 1, Vail Village 12' Filling; 3) A request for a major subdivision in accordance with Title 13, Chapter 3, Vail Town Code, and setting forth details in regards thereto, located at Lots 11 and 12, Block 2, Vail Village 12' Filing and Tract C, Block 1, Vail Village 12' Filing. Applicant: Vail Mountain School, represented by Braun Associates, Inc. Planner: Russ Forrest A request for a minor amendment to Special Developnment District No. 6, to allow for an expansion of commercial uses into common area, located at 123 S. Frontage Rd. West/Lots M,N, &O, Vail Village 1" Filing_ Applicant: Club Chelsea, represented by JMP Architects Planner: Warren Campbell TOM OF *VAIL A request for a final review of a final plat for a major subdivision; a request for a final review of a conditional use permit to allow for a private educational institution and development plan approval to construct employee housing; and setting forth details in regards thereto, located at the site known as "Mountain Bell "lan unplatted piece of property, located at 160 N. Frontage Rd. /to be platted as Lot 1, Middle Creek subdivision. Applicant: Vail Local Housing Authority, represented by Odell Architects Planner: Allison Ochs A request for a conditional use permit, to allow for a public utility installation, located at the East Vail Water Tank, 5004 Snowshoe Lane /Summer Recreational Area, Vail Meadows Filing Applicant: Town of Vail Planner: Bill Gibson A request fora recommendation to the Vail Town Council to of an amendment to Section 12 -7A -7 (Height), Vail Town Code, to increase the maximum allowable- building height in the Public Accommodation Zone District. Applicant: Bob Lazier, represented by Jay Peterson Planner: George Ruther The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 479 -2138 for information. Sign language interpretation available upon request with 24 -hour notification. Please call 479- 2356, Telephone for the Hearing Impaired, for information. Community Development Department Published July 26, 2002 in the Vail Daily. 2 0 • ATTACHMENT C NARRIAT>IVE FOR GORE TANK SITE The purpose for the request to construct an equipment enclosure and 40' self supporting tower at the Gore Water Tanks Site is to provide an accessible yet secure location for a Public Safety Radio site utilized by Police, Fire, EMS and other City and County agencies. The installation will consist of an 8 foot by 8 foot building on a concrete pad with a 40' "monopole" type tower supporting 2 panel type antennas. The building will have an exposed aggregate surface and can be colored to blend into the surroundings. The "monopole" will be painted to blend into the tree lute. Typically, this will be flat black. The building will house the radio equipment that will network into the Countywide radio system and enhance the coverage specific to the East Vail area. The radios operate in the same frequency range as cellular and would present no more interference potential than the two cellular towers located to the South East of the water tank. Access to the site would be necessary only in the event of a hard failure or annually for routine maintenance. The service requirements, after install, are minimal. The system is monitored at a central location and most adjustments can be made remotely. � REC'D AUG - 12002 ATTACHMENT D Executive Summary The Eagle County Trunked Public Safety Network is made up of several communications sites throughout the County. The system has been an ongoing project that began in Late 1997. The primary system components have been funded by the County with some trunked sites being funded by local communities to provide needed coverage or capacity for their specific needs. These "fill" sites are integrated into the 'Master Site" and complement the network. Most users are dispatched from the Vail Police Department Dispatch Center where the SmartZ_one Master controller is located. As the system has built out the need for an additional "fill" site to provide coverage into the East Vail area was identified. The master plan had identified Booth Falls as a likely site since is had been a voted receiver site utilized with the UHF system that the trunked system replaced. In mid 2001 several coverage tests were conducted to test this theory and it was determined that Booth Falls did not provide the needed additional coverage. Motorola Engineers were requested to utilize a coverage projection software tool to locate an alternate site for consideration. The Gore Tank site was selected based on coverage reliability and security. The Gore Tank location is situated in the hills south of East Vail and looks down on the most important coverage areas. Eagle River Water Authority controls it and access should not be a consideration. A live coverage test was conducted in mid December to verify the predictions. Cory Schmidt of the Vail Police Dept. participated and confirmed the coverage to be what is needed for East Vail. Motorola was asked to design and propose a solution for consideration by the Town of Vail. The attached proposal and documentation provides the vehicle to procure and install this site. The items required from Vail are outlined in the documents but briefly they include. • Permission to Construct a small building on site • Permission so install a 40 foot section of antenna support • Provide electrical to the site • Arrange for a T1 circuit to the site License the radio frequencies (this will be done by the County) The site will consist of 4 Intel] irepeaters and necessary infrastructure to accommodate reasonable expansion as needed. The County plans to add the 5t'' repeater to balance the sites with the others in the Vail coverage area. The equipment will be housed in of typical radio structure with backup power and environmental controls. he 40° antenna structure will be attached to the building and not need any supp rt from the tank. r • W - -- r_'. Attachment E `77 10"t SIM "dim r above Xb- T Al "(bel:ow- Ord -R, )prox. Parcel Linework J J o � LJ 117 J I� Z) cr) U A Vi fU (ll o J .,* 4 W o Q C) _ an u x !I3 v3 LJ � H Ln C+3 ti ATTACHMENT F 40' SITD EAST V HEIGHTf 40' EIA STANDARDi 222 —E WINDS 80 MPH ICEi . .- NOTES I. DESIGN MEETS THE REQUIREMENTS OF EIA DESIGN STANDARD LISTED ABOVE. Z PIPE STEEL SHALL BE ASTM A53 GRD B ALL OTHER STEEL SHALL BE ASTM A36, 3. ALL CONNECTI ❑NS (WELDED AND BOLTED) SHALL CONFORM TO AISC 'MANUAL OF STEEL CONSTRUCTION' LATEST EDITION, 4. IF ANY ITEM OF THE COMPLETED STRUC- TURE DOES MELT THIS DESIGN AS DEPICTED ON THIS DRAWING THE CERTI- FICATION BY T❑WERKRAFT ENG. SHALL 3E CONSIDERED INVALID AND TOWER - KRAFT SHALL BE NOTIFIED IMMEDIATELY FOR REVISI ❑NS. LEADS ELEV, ITEM LINE 40' ICELWAVE AP861208 7/8 30' CELWAVE APS81208 7/6 )KPRELIMINARY )K)x POLE PARAMETERS SUBJECT TO CHANGE UPON FINAL DESIGN. Yd UNG'S MAlVUFA CTURING 28 VEST SOUTH 47.N JVONTROSE, CO 81401 TIIWERKRAFT PROJECT N0, TITLEi POLE DATA SHEET TowERKRAFT ENGINEERING By' 323 NIOBRARA STREET AA K ALLIANCE, NE 6930! (308) 762 -5002 7 -09 °02 DWG. NO. Y❑UNG40 PAGE 1 OF 1 • • • • • 0 Z Directional Panel Antenna Product Data Sheet for AP881211 These 120 degree directional panel antennas have been specifically designed for low density three sector AMPS/TACS cell sites, where AMPS/TA+CS /GSM systems are combined in a single antenna - Their wide :4. bandwidth allows for their use for transmit- receive and full duplex applications. Both feature a side -fed dipole design and low loss air dielectric stripline feed. Their l zl high, front -to -back ratio effectively isolates interference t rVy from adjacent cells and makes them nearly impervious to tower changes. All components are aluminum alloy; > stainless steel screws are double secured to eliminate n non-linear joints. A high impact, low loss, UV stabilized weather resistant radome ensures the antenna's use in all �Pn conditions. climates and hostile environmental Y Y `Ni Mps 05 Product Specifications frequency Band Cellular (824 -849, 869 -894 MHz), Trunking/SMR (806 -824, 851 -869 MHz) Horizontal Pattern Directional Antenna Type Panel Gain dBd (dBi) 10.5 (12,6) Frequency Range -MHz 806 -961 Connector Type n- female Electrical Tilt - Degrees 0 Horizontal Baamwidth in Degrees at 3 dB, 1/2 Power 120 Points 10238 Mounting Hardware - Supplied l00 (161) Rated Wind Speed - mph (km/hr) 154 15 Bandwidth - MHz for 1.5:1 VSWR Vertical Beamwidth in Degrees at 3 dB, 1/2 Power Points Polarization Vertical Front -To -Back Ratio - dB 24 Maximum Power input - Watts 500 Direct Ground Lightning Protection 3rd Order IMI) @ 16 x 41 dBm: - dBm -100 Dimensions - WxDxH - in. (mm) 7.625 x 5.0 x 48.1 (193.7 x 1127 x 1222) RADIO FREQUENCY SYSTEMS M3 CEI.WAVE Cablewaae USA 1- 877 -RFS -WORLD • international 1- 203 -630 -3311 • Latin Arnerica 1 -602 -252 -8058 • Canada 1- 800 -267 -1762 6/13/2002 Directional Panel Antenna Product Data Sheet for AP881211 (Cont.) Weight w/o Mtg. Hardware - lbs. (kg) Integral w /antenna Weight w/ Mtg. Hardware - lbs. (kg) 17 (7.73) Radiating Element Material Aluminum Alloy Radome Material 7FUV Stabilized High Impact AB S Plastic ector Material 5052 -1132 Aluminum Wind Loading Area (Flat Plate Equivalent) - ft= R 3.0 (0.28) Maximum Thrust g Rated Wind - Ibf (N) 120 (534) FSJide ind Loading Area (FPE) - ft' (m2) 1.67 (0.16) rust @ Rated Wind - lbf (N) 67 (297) Shipping Weig-ht- lbs. (kg) IF7 (12 -3) Shipping Dimensions of Antenna - WxDx11 - in. (mm) 10 x 16 x 54 (254 x 406 x 72} Shipping; Dimensions of Accessory - WxDxH - ft. (m) Packed w /antenna Shipping Mode UPS I Features/Benefits I • Slim profile Aesthetically pleasing and may be painted to blend with architecture. Weather resistant Protects radiating elements from hostile environments, minimizes pattern distortion due to ice buildup. • High front -to -back ratio Isolates from co- channel and adjacent sites. RADIO FREQUENCY SYSTEMS CELWAVE Cablewave , ate■ USA 1- 877 -US -WORLD • Wemational 1 -203- 630 -3311 • Latin America 1 -602 -252 -8058 • Canada 1 -800- 267 -1762 6/13/2002 • I� LJ • f • A 7 z d r AdIL ARTHUR I. MEARS, P.E., INC. ' Natural Hazards Consultants 555 County Road 16 Gunnison, Colorado 81230 Tel/Fax: 970-641-3236 September 16, 2002 artmears @r,,,ii.cotn Mr. Sill Gibson Dept. of Community Development Town of Vail 75 South Frontage Road Vail, CO 81657 Dear Mr. Gibson: My analysis of rockfall, debris flows, and snow avalanche exposure at the proposed communications site in East Vail is attached. The conclusions in this letter were based on my site inspection on September 12, previous field work near the site, consideration of construction and terrain modifications that have been built since the site was last studied, and my detailed avalanche- dynamics analysis. My conclusions are summarized as follows. Details of the avalanche- dynamics analysis including impact - loading potential at the site are provided in the appendix. a. Rockfall — The proposed site is not exposed to rockfall hazard, thus mitigation will not be required. b. Debris flows — Debris flows of high water content and low debris content can occur in the area. However channelization and terrain modification already in place will divert these muddy flows to the east and west of the proposed communications pad. Therefore the proposed facilities are not exposed to debris flows and will not require mitigation. c. Snow avalanches — Major snow avalanches with estimated return periods of 50 to 100 years will impact the site and could damage the proposed tower, equipment, and other parts of the facility. The constant annual probability of such events is in the range of 1 % to 2 %. The site lies in an avalanche "blue zone." Damage to the facilities would occur if the avalanche impact loads exceed the loading capacity of the proposed facilities. However, the impact of these design- magnitude avalanches will not increase the hazard to residential buildings, other private property or any public property, facilities or right of ways. Mitigation would only be required if the 1% - 2% annual probability of a destructive avalanche event is not acceptable. The attached technical appendix should be consulted for details. Please contact me if you have further questions or desire additional consultation on this matter. Sincerely, n 4, Arthur]. Mears, P,E. Avalanche - control engineer Encl. Mass Wasting - Avalanches - Avalanche Control Engineering TECHNICAL APPENDIX — Avalanche Dynamics and Impact 1 OBJECTIVES AND LIMITATIONS As requested by Mr. Bill Gibson and Ms. Julie Anderson of the Town of Vail and by Mr, Bob Scott of Motorola, this report has the following objectives: a. Determination of exposure of the proposed communications site in East Vail to rockfall, debris flows, and snow avalanches, b. Quantification of the level of risk from the above processes. This report has the following limitations, which should be understood by anyone relying on the results: a. The study is site specific; changes to the site location may invalidate some of the conclusions; b. Mitigation details to protect from avalanches have not been developed and are beyond the scope of the present work. 2 ROCKFALL AND DEBRIS FLOWS Investigation of the terrain surrounding the site indicates that rockfall does not constitute a hazard at this location, Mitigation to protect from rockfall is therefore not required. Debris flows, consisting of relatively high water content (relatively low debris content) can occur in the drainage basin. However, because of construction during recent years the muddy debris flows which are possible will be deflected to the east and west of the proposed site and will not affect it. Therefore mitigation to protect from debris flows will not be required. 3 SNOW AVALANCHE TERRAIN, DYNAMINS AND HISTORY 3.1 Terrain and avalanche dynamics The avalanche path' affecting the proposed communication pad and equipment is called the "Vail Meadows" avalanche (Figure 1). During the extreme and unusual avalanche conditions that must be considered in Vail land -use planning and engineering, approximately 50,000 yd of snow will release between 10,700- 11 ,000 feet elevation, follow a deeply- encised channel to the valley bottom and increase to approximately 130,000yd3 flowing volume at the bottom of the track. 40 ' Avalanche path —The entire area in which an avalanche moves, including (a) the starting zone (when avalanches begin and increase in mass and speed), (b) the track, where avalanches reach maximum speed and mass, and (c) the runout zone, where avalanches decelerate and stop. Maximum speed in the steep track will be about 95 ft/sec. The fully - developed avalanche will impact a small rocky hill at the top of the runout zone and a portion will be deflected to the north, toward Snowshoe Lane. Buried and above- ground water tanks are currently reached by avalanches in the runout zone. The proposed pad for the communications facilities was identified in the field and is located about 100 feet north of the original above - ground tank and roughly 15- 20 feet east of the existing access road). The pad will be cut into the eastern road embankment (Figure 2), the tower and small equipment building will be placed on the pad. When the design- magnitude avalanche occurs, this location will be impacted by the avalanche. An impact speed of 14.7 m /sec (46 ft/sec; 32.9 mph) was computed at the pad location (Figures 3 and 4). This speed will produce an impact pressure of 450 Ibsfft2 on any large, flat surfaces normal to the flow direction, and approximately 200 Ibs /ft2 on a cylindrical tower post. The impact height on a tower will be 12 feet3 above the ground; it would be greater on a flat building surface. The above pressure estimates should be used, if needed, to determine the stability of the tower and cabinet against avalanche impact_ 3.2 Avalanche frequency The frequency of large avalanches capable of impacting the communications site was estimated as follows: a. Field observations were made in 1973, prior to construction of the original water tank and access road_ Evidence of an avalanches reaching to north of the tank site (tree trunks aligned downslope, impact damage of trees) was identified at that time in the general area proposed for current communications site development. This avalanche appeared to have occurred in the 1950's. b. U.S. Forest Service aerial photographs taken in 1939, 1950, 1962 and 1974 were studied in stereo. These photos indicate vegetation patterns in the lower track which were indicative of a large snow avalanche prior to 1950 and again after 1950. c. A field inspection made again on September 12, 2002 confirmed that the pine forest in the lower portion of the track is younger than the adjacent, undisturbed forest, indicating probable extensive damage by an avalanche in the mid 201h century. The apparent frequency of avalanches capable of reaching the proposed site is estimated as one event in a 50 — 100 year period (an annual probability of 1 % to 2%). The avalanche frequency estimate along with the impact - pressure 2 Design - magnitude avalanche — An avalanche of a probability (a 100 -year or 1 % probability avalanche) that must be considered in land -use planning and engineering at Vail. 3 We assumed a 6 -foot deep snowpack on the ground when the avalanche occurs and a 6 -foot deep avalanche flow. calculations in Section 3.1 places the site in a "blue" or moderate- hazard zone, in accordance with Vail standards. 4 AVALANCHE HAZARD, RISK, AND MITIGATION 4.1 Avalanche hazard and risk The hazard at the site (a 1% - 2% annual probability) would require mitigation in Vail if residential construction were planned. However this site will not be occupied regularly in winter. Furthermore, damage to the site will not create additional risk to public or private property to the north. Structural mitigation to protect the site is not recommended for public or private safety. Mitigation can be used to protect the facilities from the 1% - 2% probability avalanche if (a) it is considered to be economically feasible and (b) facility "downtime" resulting from an avalanche (2 to 4 months once or twice in a century) is not tolerable. 4.2 Type of mitigation If mitigation is desirable after considering the probability of damage discussed above, it should consist of a concrete splitting wedge with the point of this wedge facing toward the avalanche. This wedge must have a height and strength which will be based on the avalanche impact characteristics at the site. The wedge could protect all of the proposed facilities. Design criteria would be based on the following: a_ Avalanche speed at the site; b. Avalanche kinetic energy and impact pressure; c. Orientation of exposed surfaces; and d. Avalanche climbing height, normal pressure and shear on the structure. The parameters "a - d," if integrated into a splitting wedge designed for the impact loads, would completely protect the facility from the design avalanche. Report prepared by, Arthur I. Mears, P.E. • 3 -D TopoQuads Copyright' 1999 DeLorme Yarmouth, ME 04096 Source Data: L'SGS ' j450 fl Scale-11 :12,0M Detail: 13-1 Datum: N:1D27 • • Sy ;��r Ify� '� �y IN IL C) list dl { t i1 ti i + � V IN l ~• 1y 9 y U = . FIGURE 1, Overview of the Vail Meadows avalanche path which is capable of overrunning the site. The site is located immediately north of the red zone_ The fir ` maximum runout has a 100 -year return period although the communications site will be reached once every 50 to 100 years, on the average. j y� SCALE: 1 " - 1,000' -i�,� ., 3 -D TopoQuads Copyright' 1999 DeLorme Yarmouth, ME 04096 Source Data: L'SGS ' j450 fl Scale-11 :12,0M Detail: 13-1 Datum: N:1D27 • Sheetl I Avalanche Profile and Wy coordinates Vail Meadows Raw Data in feet Data in meters Segment Data X -feet Y -feet X- meters Y- meters L- meters Ang - Deg Sum L Avg Angle 0 11000 0 3354 0 410 10720 125 3268 151 34.3 151 34.3 960 10400 293 3171 194 30.2 345 32.0 1540 10120 470 3085 196 25.8 542 29.7 2390 9800 729 2988 277 20.6 819 26.7 2760 9600 841 2927 128 28.4 947 26.9 3310 9360 1009 2654 183 23.6 1130 26.4 3810 9160 1162 2793 164 21.8 1294 25 -8 4160 9080 1268 2768 109 12 -9 1403 24.8 4610 8920 1405 2720 146 19.6 1549 24.3 4920 8806 1500 2685 101 20.2 1650 24.0 5065 8798 1544 2682 44 3.2 1694 23.5 5140 8772 1567 2674 24 19.1 1718 23.4 5190 8764 1582 2672 15 9.1 1734 23.3 5222 8762 1592 2671 10 3.6 1743 212 5287 8744 1612 2666 21 15.5 1764 211 5567 8700 1697 2652 86 8.9 1850 22.4 5747 8676 1752 2645 55 7.6 1906 22.0 5812 8670 1772 2643 20 5.3 1926 21.8 5992 8646 1827 2636 55 7.6 1981 21.4 6092 8634 1857 2632 31 6.8 2012 21.2 6172 8630 1882 2631 24 2.9 2036 21.0 3400 -- 3200 E CO 3000 y a� 2800 2600 Vail Meadows Avalanche 0 200 400 600 800 1000 1200 1400 1600 1800 2000 Horizontal distance (m) FIGURE 3. Vail Meadows avalanche path profile used in avalanche - dynamics modeling. 9 • 758 particles start from top segment f 1 r,l 1 1 2639 particles deposited. i 'r c: \plk \wail meadows.txt Path drops: 723 m Friction mu = 0.25 log M/D = 2.75 Random R = 0.350 Alpha = 21.0 degrees • • 0 Front stops at X = 1881 m ....Front speed (max = 26.7 m /s) __ Mean speed (max = 28.B m /s) Deposition (not to scale) Exit and view distributions in your file c: \plk \results.txt FIGURE 4. Graphic results of avalanche - dynamics modeling. • MEMORANDU TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 23, 2002 SUBJECT: Revision of Title 11: Sign Regulations: Preliminary Draft Applicant: Town of Vail Planner: Russ Forrest I. DESCRIPTION OF REQUEST & GOALS OF REVISION The purpose of this worksession is to review proposed changes to the Sign Code with the Planning and Environmental Commission (PEC). The Design Review 'Board (DRB) has primary responsibility for reviewing sign code applications. However, the Planning and Environmental Commission has an appeal role if an applicant wants to appeal a Design Review Board decision on a sign application. The Sign Code was first adopted in 1973. Since that time there have been numerous revisions to the sign code. The sign code is now difficult to implement in that is: a) Hard to understand, b) Difficult to enforce with the current regulations, and c) Lacks a clear purpose statement. The merchant community and staff have been working togather on these revisions. In reviewing the direction for this project with merchants and the Town Council, it was agreed that the revisions should not increase signage in Vail. However, the sign code should be easier to understand and enforce. The following objectives shall be achieved in developing a revised sign code: • Develop a clear purpose statement for the sign code. • Develop a new signage code for the Town of Vail that contributes to the Town's vision statement of being the "Premier Resort Community." Signage and display elements should add something to the Vail experience... not detract from it, • Making the code easier to understand and implement by its users • Making the code easier to enforce consistently by the Town • While working to unify and upscale the Town of Vail as a whole, and to blend (to an appropriate degree) with the architectural themes that have been established for the various areas, the code should encourage creativity and innovation. It is also important that the individual businesses be able to use their storefronts and signage for self - expression (to clearly communicate their brand /identity and their offering) as well as venues for bringing vitality and visual excitement to the i community through unique visual elements, creative window displays, dimensional siignage, etc. A hierarchy of communication elements should be established that identifies the various types of information that need to be communicated at the Town level, the specific development / building level, as well at the level of the individual businesses that make up the commercial community_ The vehicular and the pedestrian scale of the environments in the various zone districts will be considered when recommending new signage /display criteria. tl. ROLE OF BOARDS Town Council: The Vail Town Council has the final authority in reviewing and approving a sign code amendment. To change the Sign Code requires approval on two readings of an ordinance. Planning and Environmental Commission (PEC): The PEC has the responsibility to hear variances on a sign code. Since the sign code is in Chapter 11 of the Town Code the PEC does not need to make a formal recommendation. However„ staff would appreciate the PEC's input on this amendment. Design Review Board (DRB): The DRB has primary responsibility to review and make final decisions on sign applications. Although the code does not require a formal recommendation from the Design Review Board, staff would appreciate forwarding a recommendation from the Design Review Board on the revised sign code. III. DISCUSSION TOPICS Attached is a preliminary draft of the revised sign code. The enforcement section is still being developed. 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LL, u c7 z <n 4 0 Z 2 O DRAFT TOV SIGN CODE — V.6 7.1 REVIEW PROCESS Sign applications within the town of Vail will be reviewed by the Town of Vail Community Development Staff and I or the Design Review Board (DRB) at the discretion of the Community Development Department (CDD). If the CDD denies the application, the application can be appealed to the DAB. If the DRB denies the application, the applicant can appeal the decision to the Vail Town Council, 7.2 VARIANCES AND APPEALS VARIANCES A Purpose: To prevent or lessen practical difficulties and physical hardships resulting from the size, shape, or dimensions of a structure, or the location of the structure, from topographic or physical conditions on the site or in the immediate vicinity, or from other physical limitations, street locations, or traffic conditions in the immediate vicinity of proposed signs. B Application: i An application for a variance shall be made upon a form provided by the Town of Vail. The variance application shall include the sign permit application as well as the reasons for requesting variance. 2 A variance application may be made with respect to any regulation subject to the requirements set forth in this title. 3 Application Criteria: a The applicant must prove physical hardship. b The applicant must prove special conditions exist applicable to the land, buildings, topography, vegetation, sign structures or other matters on adjacent lots or within the adjacent right of way, which would substantially restrict the effectiveness of the sign in question. The special circumstances or conditions unique to the particular business or enterprise or individual requesting the variance shall not apply generally to all businesses, enterprises, or similar facilities. c Applicant shall not have created circumstances creating conditions which variance addresses. d Applicant must demonstrate that the granting of the variance will be in general harmony with the purposes of this Title. C 'Pee: The fee shall be paid at the time of application and shall not be refundable and shall be set by the Town Council in accordance with guidelines set forth in Town Ordinances. D Application Review: 1 Upon receipt of a complete application, that signage variance application will be subject to approval of the Administrator, and design review board at the discretion of the Administrator. APPEALS An appeal to the Town Council of a Planning and Environmental Commission action on a variance may be made in accordance with the appeal process as outlined in Section 12 -3 -3 of the Zoning Code. 9112/2002 C • t� J DRAFT TOV SIGN CODE — V.6 7.3 Sign Application Submittal Form ESTABLISHMENT I PROPERTY Name of Business: Business Address: Business Phone: Name of Applicant: Applicant Address: SIGN INFORMATION Indicate sign category and type being applied for: Quantity of Signs: ATTACH THE FOLLOWING INFORMATION TO THIS FORM: ❑ Scaled drawing of elevation of proposed sign [Minimum scale of 1/4 °" =1 "•0 "] with the following information: 1. Proposed type faces [lettering] to be used 2. Include support structure if applicable 3. Provide sign area calculation indicating total sign area. 4. Colors and materials of sign and fettering and support structure — if applicable. ❑ Scaled drawing of building elevation on which sign is proposed [Minimum scale of /a "= V -0 "] with the following information: 1. Mounting Height of sign 2. Existing signs — indicate those to remain and those being replaced if applicable. 3. Location of, size of and type of lighting to be used [if any] ❑ Scaled drawing of site plan indicating proposed sign location(s) jMinimum scale of 1 " =20' -0"] with the following information: 1. Length of Business Frontage on street or pedestrian way. 2. Indicate all proposed and existing signs and their sizes. • Samples of proposed sign colors • Cut sheets of proposed tight fixtures • Drawings indicating how sign will be attached to building or structure. • Attach written approval from condominium association, landlord, and/or joint owner, if applicable, SUBMITTAL ACTION Date Received by Town of Vail: Reviewed by: ❑ Administrator ❑ Approved - No Conditions ❑ Denied ❑ Design Review Board ❑ Approved - No Conditions ❑ Denied Date: ❑ Approved - with Conditions — See Attached Date: ❑ Approved - with Conditions -- See Attached 9/12/2002 DRAFT TOV SIGN CODE — V.6 8.1 PROHIBITED SIGNS & SIGN COMPONENTS EXEMPTED AND PROHIBITED SIGNS: The following signs are exempt from the requirements of this code: A Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface; B Official government notices and notices posted by governmental officers in the performance of their duties, government signs to control traffic or for other regulatory purposes, or to identify streets, or to warn of danger; C Works of "fine art ", which in no way identify or advertise a ,product or business; D Temporary decorations or displays, when they are clearly incidental to and are customarily and commonly associated with any national, local or religious holiday or celebration, provided, that such decorations are maintained in an attractive condition and do not constitute a fire hazard, as determined by the Administrator, subject to review by the Design Review Board; E Temporary or permanent signs erected by public utility companies or construction companies to warn of danger or hazardous conditions, including signs indicating the presence of underground cables, gas lines and similar devices; and F Signs displayed on trucks, buses, trailers or other vehicles which are being operated or stored in the normal course of a business, indicating the name of the owner, business and location, which are applied to moving vans, delivery trucks, rental trucks and trailers and the like; provided, that the primary purpose of the vehicles is not for the display of signs, and provided that they are parked or stored in areas appropriate to their use as vehicles. G Signs displayed on balloons associated with a special event must meet the following conditions: 1 The special event with which the balloon is associated must obtained a special events license from the Town. 2 Each sponsor shall be entitled to have no more than one (1) balloon for each special event. 3 There shall be a maximum of three (3) balloons for any special event. 4 Cold air balloons shall not exceed twenty (24) feet in height as measured from existing grade to the top of the balloon. 5 Hot air balloons to be inflated within the Town must provide the Town with evidence of having an aircraft liability insurance policy or certificate of meeting Town requirements for such insurance as part of the special events license application. 6 Balloons shall not be tethered or attached to the roofs of buildings. Exception: Balloons may be tethered or attached to Lionshead and/or Vail parking structures. 7 Balloons shall be displayed only during the length of the special event with which the balloon is associated or for seven (7) days, whichever time period is less. 8 The specific location of the balloon shall be a described on the special events application and will be subject to the approval of the Administrator, and design review board at the discretion of the Administrator. 9 The applicant, his/her agent or employee shall be present at all times when the balloon is inflated to make sure that appropriate safety measures for the protection of the public are taken. H Theatres and movie / media rental business will be allowed three (3) poster images in the front window at any given time. 9/12/2002 ;q 9112/2002 DRAFT TOV SIGN CODE — V.6 i Garage sales and yard sales signs temporarily erected on residential property are subject to the following: 1 Garage and yard sale signs may be freestanding or wall signs. 2 Quantity: There shall be a maximum of one (1) sign on the property where the sale is being conducted and one (1) directional sign off- site. 3 The maximum sign area of any single sign shall not exceed one and one -half (1 112) square feet. 4 The height the sign shall not exceed five (5) feet from the grade at the base of the sign. 5 The sign shall only be displayed during that period of time the garage yard sale is in J progress. Heal estate open house signs advertising an open house of the property upon which the sign is located will be subject to the following: 1 The sign may be freestanding or a wall sign. 2 Quantity: There shall be a maximum of one (1) sign on the property where the open house is being conducted and one (1) directional sign off -site. 3 The maximum sign area of any single sign shall not exceed one and one -half (1 112) square feet. 4 The height of the sign shall not exceed five feet (5') as measured from the grade at the 5 base of the sign. The temporary sign shall be displayed only during the open house presentation or three (3) days, whichever period of time is shorter. PROHIBITED SIGNS: A Signs with visible moving, revolving or rotating parts or other apparent visible movement achieved by electrical, electronic or mechanical means. B Signs with optical illusion of movement or motion or changeable copy. C Signs with lights which flash, pulse intermittently, move, rotate, scintillate, blink, flicker, vary in intensity and f or color. D Strings of light bulbs used in connection with commercial premises for commercial purposes, other than traditional holiday decorations. Exception: Strings of decorative lights consisting of chile peppers, fish, pink flamingoes, or planets will be allowed when displayed for no longer than 60 days from date of installation. E Signs which incorporate projected images, emit any sound which is intended to attract attention, or involve the use of live animals. F Any sign advertising an activity, business, product or service on a business or premise having been vacated for ninety (90) days or more. Exceptions 1 If the sign or sign structure is covered or the identifying symbols or letters removed, an extension of time may be granted by the Administrator. 2 This provision shall not apply to permanent signs accessory to seasonal businesses provided there is clear intent to continue operation of the business. G Any sign or sign structure which: 1 Is structurally unsafe; or 2 Constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation; or 3 Is capable of causing electrical shocks to persons likely to come in contact with it. ;q 9112/2002 DRAFT TOV SIGN CODE —V.6 H Any sign or sign structure which: 1 Is in violation of the provisions of this Title; or 2 Obstructs the view of vehicular traffic entering or exiting a public roadway in any way: 3 Could be confused with, or purports to be an official traffic sign, signal or device or any other official sign but is not; or 4 Creates an unsafe distraction for motor vehicle operators. I Any sign which obstructs free ingress to or egress from a required door, window, fire escape or other required exit way. J Illegal nonconforming sign, as defined in this Title. NONCONFORMING SIGNS: A DEFINITION: 1 Any sign erected prior to the effective date of this title and does not conform to the provisions set forth herein. 2 Is located in newly annexed territory and is determined to be nonconforming, The effective date of the annexation shall constitute the beginning date upon which all nonconforming, signs shall be subject to the amortization schedule set forth in this Chapter. 3 Becomes a nonconforming sign due to amendment of this Title. B CONTINUANCE: Any sign which has been determined to be nonconforming may continue in use and operation after the effective date hereof, only as provided in Section 11 -6 -3 of this Chapter. However, the amortization period specified in subsection 11 -6 -3F of this Chapter shall cease immediately if the operation of the nonconforming sic, is otherwise terminated, and the nonconforming sign shall be removed within thirty (30) days of said termination. (Ord. 5(1977) § 1: Ord. 9(1973) § 16(2) TERMINATION / REMOVAL: Non - conforming signs shall be removed in accordance with any or all of the following conditions: A Obsolescence 1 Abandonment: A sign advertising a business, service or activity, which has been discontinued, unused, or abandoned for ninety (90) days or more. Exception: This provision shall not apply to permanent signs advertising seasonal businesses provided there is clear intent to continue operation of the business. B Destruction, Damage Or Alteration: any nonconforming sign altered, damaged or destroyed over fifty percent (50 %) of its appraised value. D Violation Of Provisions: Any non - conforming sign in violation of this Title. E Condemnation: Any non - conforming sign condemned by either the Town Council or the Design Review Board. • Je _�e 911212042 0 DRAFT TOV SIGN CODE — V.6 ADMINISTRATIVE PROCEDURE: A Identification; Notice To Owner; Appeal: 1 Within a reasonable time after the effective date of this title or the effective date of the annexation, to the Town, of any area, the Administrator shall compile a list of the existing nonconforming signs for review with the Design Review Board. 2 Written notice of a nonconforming sign, designated as such by the Administrator, shall be delivered to the place of business or premises and to any employee or manager by an Agent of the Town and sent via regular mail to the business owner at the address noted on the business license for the business or premises. 3 The date of the notice shall be deemed to be the date of its delivery to the place of business or premises. 4 Appeal / Variance: Within fifteen (15) days from the date of said notice, the owner of the property, business, interest or enterprise advertised or identified by the nonconforming sign may either appeal the nonconforming sign to the Design review Board and the Town Council, or may file an application for a variance. a Appeals will be reviewed on, but are not limited to their conformance to the Town sign code and their affect on the character of the neighborhood in which they are located. b If the appeal / variance is granted, the sign may remain in accordance with the provisions of this Title, and any conditions that may be made by the Design Review board or Town Council. c If the application is denied, the right to continue using a nonconforming sign shall terminate in accordance with the provisions of this Chapter. B Abatement; Costs: 1 Non conforming signs will be removed, by the Town, when not removed by the business or premises in accordance with the requirements of this title, 2 Removal of non - conforming signs by the Town will be done as follows: a Written notice of a nonconforming sign, designated as such by the Design Review Board, shall be delivered to the place of business or premises to any employee or manager by an Agent of the Town and sent via regular mail to the business owner at the address noted on the business license for the business or premises. b The date of delivery of the notice by the Agent of the Town to the place of business shall be deemed the date of notification. c If the sign is not removed within fifteen (15) days after the date of notification, the Town will remove the sign at the expense of the person and /or business to whom the notice was directed. The removal expenses will be certified to the Director of Finance for the Town and shall include the cost of removal plus fifteen (15) percent, a ten (10) percent penalty and interest for the cost of collection. d The Town will bill the Owner for removal costs via mail. e Removal costs not paid within thirty (30) days of notification shall become a lien against the property and shall cause the Director of Finance of the Town to certify the same to the County Treasurer for collection in the same manner as general property taxes are collected. 3f -m 9112/2002 DRAFT TOV SIGN CODE — V.6 8.2 TRANSITIONS & AMORTIZATION OF NON- CONFORMING SIGNS The right to use a nonconforming sign shall terminate two (2) years after the effective date of this title or the annexation, to the Town, of the area in which the sign is located. 8.3 AUTHORITY, ADMINISTRATION & ENFORCEMENT ADMINSTRATION & ENFORCEMENT A Administrator: 1 Appointment: The Town Manager shall appoint an Administrator, who shall administer and enforce this Title. This position may be combined with another position of the Town. 2 Responsibilities: The Administrator shall be responsible for the duties prescribed in this Section, and for enforcement of the sign regulations. 3 Enforcement: The Administrator may serve notice of violation, or removal of any sign in violation of this Title. The Administrator may call upon the Town Attorney to institute necessary legal proceedings and the Chief of Police and / or authorized agents to assist in the enforcement of this Title. B Amendments: The regulations prescribed in this Title may be amended, or repealed by the Town Council. (1997 Code: Ord. 9 (1996) § 1) ADMINISTRATIVE AND APPLICATION PROCEDURES: A Any sign within the Town must comply with the following requirements: 1 A sign application for an individual sign or a sign program must be obtained, properly completed, and returned to the Administrator; and 2 Criteria For Decision: The Administrator will review and approve, conditionally approve, or reject the sign application based upon its conformance with this Title as follows: a Administrator Responsibilities: If the Administrator determines that the sign application does not meet the design guidelines and / or technical requirements of this Title, the Administrator shall deny the application. 1 Upon denial of an application by the Administrator the applicant may resubmit a modified application or file an application for a variance. 2 Upon denial of the application by the Administrator, based on the design guidelines, the applicant may resubmit a modified application or file an appeal with the Design Review Board. 3 If the Administrator determines that the sign meets the general requirements of this Title, the Administrator shall approve the application. 4 The Administrator shall notify the Design Review Board of all administrative decisions at their next regularly scheduled meeting by publication of the decisions on the Design Review Board's next meeting agenda. The Design Review Board may require that any decision of the Administrator be reviewed at its next regularly scheduled meeting. 0 1�0 9/1212002 DRAFT TOV SIGN CODE — V.6 3 Sign Program: a The administrator shall determine the application has been properly completed, 0 b The Design Review Board shall review the sign program at a regularly scheduled meeting in the presence of the applicant or such applicant's representative. c The Design Review Board will approve, conditionally approve or reject the sign program application based upon its conformance with this Title and its aesthetic value as follows: 1 If the Design Review Board determines that the sign program application does not meet the design guidelines or technical requirements of this Title, the Design Review Board shall deny the application. 2 Upon denial of an application based on non compliance with technical requirements the applicant may resubmit a modified application or file an application for a variance in accordance with the procedures enumerated within this Title, 3 Upon denial of an application by the Design Review Board, based on the design guidelines, the applicant may resubmit a modified application or file an appeal with the Town Council in accordance with the procedures enumerated in this title. 4 Sign programs shall be required for all new or demolished/rebuilt multi - family residential projects and for new or demolishedlrebuilt commercial projects. Sign programs may be required, at the discretion of the DRB, for other significant new developments (e.g., subdivisions, ski base facilities) or redevelopment projects; and 5 Approval by the Administrator for signage not specifically required to be reviewed by the Design Review Board. B Application Procedures: The procedures to be followed in fulfilling the intent of this Title are as follows: C Fee: The fee shall be paid at the time of application and shall not be refundable. A reasonable filing fee shall be set by Town Council to include the cost of Town staff time and other expenses incidental to the review of the application. • LIABILITY: The provisions of this Title shall not be construed as relieving or limiting in any way the responsibility or liability of any person erecting or owning any sign from personal injury or property damage resulting from the placing of the sign, or resulting from the negligence or willful acts of such person or his/her agents, employees or workers, in the construction, maintenance, repair or removal of any sign erected in accordance with a permit issued under the provisions of this Title, Nor shall it be construed as imposing upon the Town or its officers, employees, or the Des +gn Review Board, any responsibility or liability by reason of the approval of any signs, materials, or devices under the provisions of this Title. (Ord. 9(1973) § 13) Vf 4-I 911212002 DRAFT TOV SIGN CODE — V,6 SIGN MAINTENANCE, REPAIR AND REMOVAL. A All signs in the Town shall be properly maintained at all times to the satisfaction of the Design Review Board, B The Design Review Board shall have the authority to order the repair, or removal of a sign and accompanying landscaping when found to constitute a hazard to the safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence or abandonment. Their decision shall be subject to review by the Town Council in accordance with the provisions of the Zoning Ordinance (Title 12 of this Code). C Written notice of a sign requiring repair or maintenance or removal, designated as such by the Design Review Beard, shall be delivered to the place of business or premises to any employee or manager by an Agent of the Town and sent via regular mail to the business owner at the address noted on the business license for the business or premises. 1 The date of delivery of the notice by the Agent of the Town to the place of business shall be deemed the date of notification. 2 If the sign is not repaired or removed within the time specified in the notice, the Town may cause the sign to be altered or removed at the expense of the person, business and/or property owner to whom the notice was directed. 3 The removal expenses will be certified to the Director of Finance for the Town and shall include the cost of removal plus fifteen (15) percent, a ten (10) percent penalty and interest for the cost of collection. 4 Costs and expenses of the repair, alteration or removal not paid within thirty (30) days of notification shall become a lien against the property and shall cause the Director of Finance of the Town to certify the same to the County Treasurer for coilection in the same manner as general property taxes are collected. • 4 L 9/1212002 DRAFT TOV SIGN CODE -- V.6 9.0 GLOSSARY ADMINISTRATOR: A member of the Town staff appointed by the Town Manager, designated to administer and enforce these guidelines. AGGREGATE SIGN AREA: The combined sign area of more than one sign. ARCADE: A courtyard, mall, pedestrian walkway, colonnade, breezeway or similar area between buildings or structures which are part of the same development or project. AWNING: A roof -like cover that is temporary in nature and projects from the exterior of a building, typically over windows, doorways or outdoor eating areas. BANNER, PENNANT or BUNTING: Any temporary announcement device affixed to poles, wires or ropes for the purpose of announcing or promoting community events or activities or decorating the Town for special holidays. BASEMENT: With reference to this Title, more than fifty percent (50 %) below average grade. CANOPY: A permanent roof -like structure that covers a sidewalk, driveway, entrance way, outdoor eating area, etc. It can project from the exterior of a building, and can be wholly or partially supported by a building, or it can be wholly or partially supported by poles or columns extending from the ground.. CONSTRUCTION SIGN: A temporary sign identifying an architect, contractor, developer, financier, owner, primary real estate agent, subcontractor, and/or material supplier participating in the construction on the property on which the sign is located. ERECT: To build, construct, attach, hang, place, suspend or affix, and also includes the painting of wall signs, murals or supergraphics. FIBER OPTIC SIGN: A sign of thin, transparent, homogeneous fiber of glass or plastic that is enclosed by material of a lower index of refraction and transmits throughout its length through internai reflections. FINE ART: Sculpture, fountains or similar objects. FLAG: Any city, county, state or national flag; or that of any organization or institution. FREESTANDING FACILITY: Any commercial or institutional structure that houses one business or activity and has its own parking area of 20 vehicles or more. FRONTAGE, BUSINESS: The lineal distance from outside to outside of a fagade of structure or portion of a structure housing a particular business or businesses directly adjacent at ground level to a major pedestrian or vehicular way. GAS - FILLED TUBING: A tube in which illuminating gas is heated to produce light. 911212002 DRAFT TOV SIGN CODE — V.6 GRADE, EXISTING: Existing ground level at any given point prior to the erection of a sign. GROUND MOUNT: Method of supporting a sign by post or other physical support which is embedded in the ground or weighted on the ground. ILLUMINATED LIGHT SIGN: A sign emitting or reflecting a steady suffused or glowing light. KIOSK: A small structure, typically located within a pedestrian walkway or similar circulation area, or for use as display space for posters, notices, exhibits, etc. LIGHTING, ACCENT: A light source located within the interior of a building or space that illuminates a display window and /or merchandise by the means of spotlights or other similar feature lighting. LIGHTING, BACK (also known as INTERNALLY ILLUMINATED SIGN): An indirect source of light which is located behind the sign surface, illuminating all or part of the sign through a translucent or opaque material; the light source is not visible to viewer. LIGHTING, DIRECT: Lighting by means of an unshielded light source, effectively visible as part of the sign (including fluorescent and neon) where light source is directly visible to the viewer. LIGHTING, HALO: Indirect, concealed light source which is recessed into or behind any element of a sign, which element is attached directly to the face of the sign. Each element to be lit must have an opaque front face, such that the light does not shine through the face of the elements, but rather creates a halo of light around the elements from behind. LIGHTING, INDIRECT: A light source separated from the surface and illuminating the sign surface by means of spotlights or similar fixtures with reflective housings to control and direct light onto the sign area; the light source is not visible to viewer. LIGHTING, PAN - CHANNELED: An indirect, concealed light source which is recessed into any element of a sign, which element is attached directly to the face of the sign. Each element to bp lit must have opaque surfaces such that the light does not shine through the sides or backs of the elements, but rather through the front face only. LIGHT SOURCE: Any device or method of producing light, including neon, fluorescent or similar tube lighting, or incandescent bulb (including the light- producing elements therein) and any reflecting surface which effectively becomes the light source by reason of its construction and/or placement. MARQUEE: A permanently roofed structure attached to, supported by and projecting from a building. MARQUEE SIGN: A sign depicted on or attached to a marquee. MAXIMUM HEIGHT: Height above grade to the highest part of the sign area, unless otherwise noted or described. MULTIPLE PANEL SIGN: A multiple -panel sign is considered separate pieces of material not within the same plane, but connected. M-Mr, 911212002 • DRAFT TOV SIGN CODE — V.6 NEON SIGN: A sign in which a colorless, odorless, primarily inert gaseous element known as neon is found and produces illumination. PERSON: Any person, firm, partnership, association, corporation, company or organization of any kind. PLATE LINE: The point at which any part of the roof structure first touches or bears upon an external wall. PROJECTING OR HANGING SIGN: Any sign attached to a building and extending in whole or in part more than nine inches (9 ") beyond the building line. Allowable size does not include supporting structure. REFLECTIVE SURFACE: Any material or device which has the effect of intensifying reflected light, such as 5cotchlite, Dayglo, glass beads and luminous paint. RESIDENTIAL NAMEPLATE SIGN: A sign permitted for the sole purpose of identifying the inhabitant residing therein, the house name, or identifying the address of the house. The sign may contain no advertising of any kind. RESTORATION: The routine maintenance and painting of existing, approved signs that do not change the approved design and colors in any way. SIGN: A surface or space as permitted in these guidelines, whether continuous or not, which attracts the attention, identifies a business or building, conveys a message to any person by means of letters, numbers, figures, or other symbols, devices, or representations. SIGN AREA: The size of the surface to which graphic elements such as lettering, symbols, diagrams, etc., are applied, or the area of a wall sign described by the parameter of letters and graphics which are cut out. Sign area does not include support brackets, support posts or the use of rock, stone, wood, metal or other natural elements for aesthetic purposes. SIZE, ALLOWABLE: Allowable area of a sign which shall be computed by using the outside dimensions of the face, in the same plane, of a one or two (2) sided sign and each face of a multi -sided sign. Computation of allowable sign area shall include all existing signs on the premises, whether the signs are conforming or nonconforming under this Title. Freestanding or wall- mounted letters will be measured using the smallest geometric figure or series of figures which will enclose all letters or symbols. Spaces between individual letters or symbols will be included within the computation of allowable sign area. SPECIAL EVENT: An activity offered by the Town of Vail for the public entertainment, recreation, education or enrichment that involves large numbers of people either at specific times and locations on a seasonal basis or for a duration of two weeks or less. STAINE=D GLASS: Multi - colored pieces of translucent material held together by foil or lead canes and having the various joints soldered together. Signs made out of translucent materials, at the discretion of the Design Review Board, may be either backlit or have indirect lighting. SUBDIVISION ENTRANCE SIGN: A sign permitted to identify a condominium complex, or group of apartment buildings having at least one hundred (100) linear feet of frontage along a vehicular or pedestrian way. 9112!2002 DRAFT TOV SIGN CODE — V.6 TRAFFIC - CONTROL SIGN: A permitted sign for the purpose of identifying private parking areas and directing the flow of traffic on private property. WALL MOUNT: Method of supporting a sign by attaching it directly or with brackets or other physical supports to a vertical wall of a building or structure. WINDOW DISPLAY SIGN: A sign that is located within thirty six inches (36 ") of the interior face of a window fronting a public way (including glass doors), and located in such a manner within a storefront display window or building that it can be seen from the exterior of the structure through the window. Sale signs in the display window area would fal into this category, ZONE: A zoning district as shown on the Official Map. n 0 911212002 Approved 10/14102 I PLANNING AND ENVIRONMENTAL COMMISSION ri f� PUBLIC MEETING MINUTES Monday, September 23, 2002 PROJECT ORIENTATION f - Community Development Dept. PUBLIC WELCOME MEMBERS PRESENT Site Visits : MEMBERS ABSENT 1. Kauffman residence — 1476 Westhaven Drive 2. Sonnenalp - 20 Vail Road 3. Middle Creek 160 N. Frontage Road 4. Sign Tour r**11 11:00 am 12 :30 pm Driver: George NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearing - Town Council Chambers 2:00 pm 1. A request for a final review of a final plat of Lots 11 and 12, Block 2, Vail Village 12th Filing, and Tract C, Block 1, Vail Village 12th Filing, located at 3160 N. Frontage Road East and 3010 N. Frontage Road East and setting forth details in regards thereto. Applicant: Vail Mountain School, represented by Braun Associates, Inc. Planner: Russell Forrest Russ Forrest presented an overview of the staff memorandum. Dominic Mauriello, representing the Vail Mountain School, had nothing to add. Kenny Lubin requested that the PEC table the rezoning of Tract C because of the siting problems and the protective covenants on Tract C. John Schofield stated that the rezoning has already been approved and that the PEC is only looking at the major subdivision. He further stated that the PEC has nothing to do with regards to private covenants. Russ Forrest clarified that they would be going to DRB on Oct.2. George Lamb recused himself. Rollie Kjesbo, Gary Hartman and Doug Cahill stated that they had nothing to add. TOlM` OF YAK �' Approved 10/14/02 John Schofield stated that he had nothing to add, except that they have seen this previously. Doug Cahill made a motion for approval with the conditions and findings in the staff memo. Gary Hartman seconded the motion. The motion passed by a vote of 4 -0-1 (George Lamb abstained) 2. A request for a final review of a final plat for a major subdivision; a request for a final review of a conditional use permit to allow for a private educational institution and development plan approval to construct employee housing; and setting forth details in regards thereto, located at the site known as "Mountain Bell "lan unplatted piece of property; located at 1607 N. Frontage Rd./to be platted as Middle Creek Subdivision. A full metes and bounds description is available at the Community Development Department. Applicant: Vail Local Housing Authority, represented by Odell Architects Planner: Allison Ochs John Schofield reviewed the role of the PEC and that comments from the public should be directed to the criteria which apply to the application in front of the PEC. Allison Ochs gave the PEC an update on the project and a presentation on the staff memo. She reviewed the changes in the plan and the criteria for each application. Allison also reviewed the input recently received by the Design Review Board. In addition, she reviewed why Winston and Associates were engaged to review the project and also the staff recommendation. Jeff Winston reviewed his comments on the project. He reviewed his thoughts on the site, site design, and architecture. He reviewed the Italian hill side architectural theme for the project and the application of that theme to the project. Mike Coughlin reviewed the communication that the design team received from Jeff Winston. He reviewed the letter from Jeff Winston and the input from the DRB. Otis Odell reviewed the comments from PEC at the last meeting and Jeff Winston. He compared and contrasted the previous plan with the most current plan and said the major changes in the plan included: • Dumpster location has been moved in front of A Building. • Picked up 2 parking spaces with a change in units and the movement of a dumpster. • Introduced two additional landscape islands • West end of Building B has stepped to the south. • Made sure that there is an accessible route to recreation areas. • Hazard mitigation has changed to include mitigation walls that are integrated into the north wall of Building A. • Stair Tower of Bldg A breaks up the mass, but also moves it into the setback • Otis reviewed other massing changes referring to two models. Mark Gordon, stated that the process works and that the project is better for the input that the applicant has received. He also stated that he hopes the PEC votes yes. Jim Lamont, Vail Village Homeowners Association, stated that the changes are interesting. He reviewed Jeff Winston's input on the Lionshead Master Plan a number of years ago and suggested to the Housing Authority that we look at an Italian hill side village and said he asked originally that the architecture be a northern Italian hillside style. Jim suggested that the east elevations and architecture be carried around the site and stated that what he has a problem with is that there needs to be a relationship with the building on the site with what's around it. He said he sees no relationship between the project and the Mt. Bell Approved 10114102 Tower that would create continuity in the design. Jim stated to the PEC that they needed to challenge the density. He believed that PEC needs to challenge the density and that density is not a given. He said the Town Council will need to answer for the density of the project in the appeal and questioned whether the Town Council can mandate the density. He also stated that we needed to have a cohesive master plan for housing and there is a concern that the 142 units comes from economic considerations and not design considerations. Jim again reiterated that a master plan is needed and that a higher standard is needed for this project. He stated that pedestrian access will be a problem and that a bridge is needed and he also agreed with Jeff Winston that the design does need more work. He stated that we have seen nationally that concentrating a social class in an area does not work. Jim believes that this could work if PEC allows DRIB to cut 30% of the density. The last issue Jim raised, is that there is a lot of green on the site and that green needs to be maintained and you should not depend on CDOT right -of -way for landscaping. He also criticized that there is nothing the general public would use on the site. Jim also questioned whether there is market for the proposed housing and that there will be increased competition between rental units and the Middle Creek project. Sheika Grammshammer believes that the architectural style proposed by the developer is a southern Italian /Mediterranean style, not northern Italian and does not accommodate snow, She also believed that a similar project killed Cestraire. She said we are not southern Italy; we are Vail, Colorado. Gigui Hoffman asked whether any short cuts occurred for this project and whether the developer submitted a complete application. John Schofield believed that this project has taken no short cuts and has complied with all the submittal requirements. is Rob Levine reviewed a previous application that used more of the site and used surface parking. Rob Levine believes that this design is more sensitive to the site, compared to the previous proposals. Lynn Fritzlen was supportive of this site for affordable housing and still is and believes that this is a good site for housing. John Schofield closed out pubic input. George Lamb stated that he did not have any further questions. Rollie Kjesbo asked about the density. Allison Ochs reviewed density on the site. Rollie Kjesbo asked about deed restriction. Allison Ochs confirmed that the project would be deed restricted. John Schofield asked about the landscape islands and whether they could be doubled in size on the north side of building B. Otis Odell said that he would be happy to increase the planter size to the extended grading. 0 John Schofield also asked about landscaping around the Early Learning Center. Otis Odell reviewed the landscaping. Approved 10/14/02 John Schofield asked about the parking management plan and how that would work specifically as it related to building A. Mike Coughlin stated that the parking behind building A would be short-term parking. Mike is said he would be happy to put a time limit on the parking on the parking beside building A. John Schofield also asked about noise and the need to keep windows closed. Mike Coughlin stated that the measurements were based on the windows being closed and this is based on measurement standards. John Schofield asked about increasing landscaping in front of windows around the SE corner of Building B. Mike Coughlin indicated that more trees could be required by DRB. John Schofield also asked about the mix between compact and full sized spaces and tandem versus single spots. John also stated that the PEC has indicated that this has been acceptable. Mike Coughlin reviewed the parking plan as it related to the size of parking. John Schofield also asked about how density has changed on the site. Mike Coughlin indicated that the project started at 198 units and there have been 5 revisions since the beginning of this project. Doug Cahill asked about circulation to building A. 49 Otis Odell explained how circulation would work for Building A. Doug Cahill asked whether the applicant has looked at how to improve pedestrian circulation to Building A. Otis Odell explained the alternatives that have been explored. Otis discussed the trade off in improving design, as per Jeff Winston's input, versus providing access to the building. John Schofield asked for a break and reviewed the applications for consideration. He opened the meeting and reminded the Commissioners of each item. Gary Hartman thanked the applicant for continuing to work with the process. He also thought Jeff Winston's input has been helpful. Gary did mention the density and said he did not like the previous design and the amount of site disturbance that occurred. Gary wanted to see more landscaping south of the project and would like to see larger landscaping islands. He stated that the DRB will play a critical role in this project and that the devil is in the details, but thinks this is a good architectural solution for this project. Doug Cahill, thanked everyone for their hard work, as well as Jeff Winston and his input. Doug believes that massing has improved by stepping into the hill side and this process has been long and hard for this project, as this project has been held to a higher standard. Doug believed that the roof thickness and windows will be critical in the DRB review of this project. He said landscaping needs to be improved with the quantity of plants and the east side needs to be improved in terms of landscaping. Doug reiterated that planting more trees will be critical and that the DRB should choose the tree species that is chosen. He said debris flow mitigation on Building A works better. He said massing and height has improved with some of the changes that have occurred in the last two weeks and he is more comfortable with the density with the articulation of the mass that is now proposed. 4 Approved 10/14/02 George Lamb stated the length of the process was both positive and negative and the project is better. He reiterated that there are many DRB issues that still need to be resolved. George also expressed concern that the market may have changed since this project started and that there is now more competition. He also expressed concern about the slow down in growth based on his experience as a Holy Cross Board member. He stated that we can still evaluate the market demand. He said he continued to have concerns about density. Rollie Kjesbo said the project has been down sized, but it still needs a lot of work with DRB and there is still a lot of work with the pedestrian crossings at the round about. John Schofield stated the process is outlined by the code and if you don't like the process you should talk to the Council. He then stated that the Housing Zone District was approved. He said density was proposed by the applicant and the PEC's job is to react to that density. He said he believes that the applicant has done an adequate job of addressing bulk and mass in relationship to the size of the original 28 acre site and was pleased only 4 acres was used for development. John wanted to see the landscape islands increased and wanted to see the landscaping around the early learning center to be increased to buffer the children. He said the DRB should pay particular attention to landscaping on the SE corner of buildings A&B. He then referenced the specific technical studies_ He stated that he supports the staff recommendation regarding the DRB. He also encouraged the use of the maximum amount of stone. He confirmed that these units will be Type !III housing units. MOTION: Doug Cahill SECOND: Gary Hartman VOTE: 4 -1 (Lamb opposed) APPROVED — FINAL PLAT AND MAJOR SUBDIVISION 0 1. Prior to submittal for a building permit or within one year from approval of the final plat, the applicant shall submit two mylar copies of the final plat for Middle Creek Subdivision for recording with the Eagle County Clerk and Recorders. All easements are subject to approval by the Department of Community Development prior to recording. MOTION: Doug Cahill SECOND: Rollie Kjesbo VOTE: 5 -0 APPROVED — CONDITIONAL USE PERMIT FOR THE DAY CARE MOTION: Doug Cahill SECOND: Gary Hartman VOTE: 4 -1 (Lamb opposed) APPROVED WITH 15 CONDITIONS — CONDITIONAL USE PERMIT Prior to application for a building permit the developer shall enter into a Developer Improvement Agreement with the Town of Vail to construct the following off -site improvements: A. The North Frontage Road must be widened to accommodate a left-turn lane. The current lane configuration shall be improved as follows (from North to South): 2.5' concrete curb and gutter, 6' asphalt shoulder, 12' westbound lane, 16' left turn lane, 12' eastbound lane, 6' asphalt shoulder, 2' gravel shoulder. All widened areas shall be constructed with a full depth pavement designed by an engineer. A complete 2" asphalt overlay will be required between the east (Main Vail Roundabout) and west road construction limits. All lane tapers shall meet the requirements of C -DOT. Guardrail shall be installed on the south side of the Frontage as required by C -DOT B. The 2.5' concrete curb and gutter shall match the existing curb and gutter at the North Main Vail Roundabout and extend to the western most limits of the road construction. Approved 10/14/02 IF C. A 10' wide, 6" thick concrete pedestrianlbicycle path shall be constructed from the North Main Vail Roundabout to the western most limits of the road construction. 0 D. The existing concrete box culvert that carries Middle Creek beneath the Frontage Road shall be extended to accommodate both the road improvements and the extension of the pedestrian path. A debris guard shall also be installed. E. A storm sewer drainage system shall be constructed, including inlets, storm sewer pipe, manholes, ditches, etc., as designed by an engineer, to adequately convey all 25 -year storm run off in the area. F. Street lighting shall be designed and installed along the frontage road, and at a minimum placed at all intersection points. G. All necessary grading and revegetation shall be completed within the construction limits by the developer. H. The Town of Vail Public Works Department and C -DOT must approve all improvements. 2. All proposed grading located off the subject property must be approved by the adjacent property owner. 3. As part of the final submittal for Design Review Board approval, the following additional information shall be submitted to the Department of Community Development: 0 A. Retaining wall profiles and details. B, Final hazard mitigation plans and details. C. Final drainage study and design. (1:20 scale) D. Pavement design sections. E. Final grading plans and details. (1:20 scale) F. All necessary easements including, drainage, pedestrian and an easement for the Town bus stop and area. 4. Prior to application for a building permit the developer shall submit a Design Review Board application, detailed final landscape plan, and final architectural elevations for review and approval of the Town of Vail Design Review Board. 5. Prior to application for a building permit the developer shall submit a construction phasing plan for review and approval by the Department of Community Development and the Department of Public Works for all improvements and construction on the site. 6. Prior to application for a building permit the developer shall submit a complete set of civil engineer drawings for all off -site improvements, including the improvements to the South Frontage Road for review and approval by the Department of Public Works. 7. Prior to application for a building permit the developer shall submit a complete set of plans to the Colorado Department of Transportation for review and approval of an access permit. 6 Approved 10/14/02 8. Prior to application for a building permit the developer shall submit a final exterior building materials list, a typical wall section and complete color renderings for review and approval by the Design Review Board. 9. Prior to application for a building permit the developer shall post a bond with the Town of Vail to provide financial security for the 150% of the total cost of the required off -site public improvements. 10. The applicant's proposal shall meet the intent of the Design Guidelines, as outlined in Title 14, Vail Town Code. This includes the following: a. Predominantly natural building materials shall be used within the Town of Vail. The exterior use of wood, wood siding, wood shingles, native stone, brick, concrete, stucco, and EIFS may be permitted. Concrete surfaces, when permitted, shall be treated with texture and color; however, exposed aggregate is more acceptable than raw concrete. The exterior use of stucco or EIFS with gross textures or surface features that appear to imitate other materials shall not be permitted. The exterior use of simulated stone or simulated brick shall not be permitted. The exterior use of aluminum, steel, plastic or vinyl siding that appears to imitate other materials shall not be permitted. The exterior use of plywood siding shall not be permitted. b. The exterior use of any building material, including those not specifically identified by this Section, shall only be permitted, unless otherwise prohibited by this Code, where the Design Review Board finds: (i) that the proposed material is satisfactory in general appearance, architectural style, design, color, texture, and quality over time; and, (ii) that the use of the proposed material complies with the intent of the provisions of this Code; and, (iii) that the use of the proposed material is compatible with the structure, site, surrounding structures, and overall character of the Town of Vail. C. The majority of roof forms within Vail are gable roofs with a pitch of at least four feet (4) in twelve feet (12). However, other roof forms are allowed. Consideration of environmental and climatic determinants such as snow shedding, drainage, and solar exposure should be integral to the roof design. d. Roof lines should be designed so as not to deposit snow on parking areas, trash storage areas, stairways, decks and balconies, or entryways. Secondary roofs, snow clips, and snow guards should be utilized to protect these areas from roof snow shedding if necessary. e. Deep eaves, overhangs, canopies, and other building features that provide shelter from the elements are encouraged. Fenestration should be suitable for the climate and for the orientation of the particular building elevation in which the fenestration occurs. The use of both passive and active solar energy systems is strongly encouraged. If the applicant cannot comply with the Design Guidelines to the Design Review Board's satisfaction, the applicant shall return to the Planning and Environmental Commission for a review and approval of the development plan and the criteria for evaluation as outlined in Section VIII of this memorandum. 11. All units shall be Type I II employee housing units. The deed restriction shall be filed on a form approved by the Town Attorney and shall be recorded with Eagle County Approved 10/14102 Clerk and Recorder prior to issuance of a Temporary Certificate of Occupancy for ` any of the units. 12. The Parking Management Plan shall be adhered to by the applicant, developer, and residents of Middle Creek. The Planning and Environmental Commission shall review and approve any proposed changes to the Parking Management Plan. 13. Prior to submittal to a final landscape plan, the applicant shall increase the landscaping on the east side 100% and the landscaping on the south side by 50 %, subject to Design Review Board approval with regards to size and species. In addition, landscaping shall be added to the southeast corners of Buildings A and B, and adjacent to the Early Learning Center. 15. Prior to submittal of a final landscape plan, the landscaping islands in the surface parking lots shall be expanded to the maximum extent possible, subject to Design Review Board approval. 3. A request for a recommendation to the Vail Town Council of a proposed major amendment to Special Development District No. 4, Cascade Village, Development Area B, to amend the setback requirements as indicated on the approved development plan, located at Coldstream Condominiums, Unit # 25, 1475 Westhaven Drive /Lot 53, Glen Lyon Subdivision, Applicant; James and Jane Kaufman, represented by Fritzlen Pierce Architects Planner: Allison Ochs Aliison Ochs introduced the proposal and gave a brief description of the request. She said that Coldstream was developed under SDD #4 and that subsequent amendments have occurred since the establishment of the zone district and the criteria and findings are found on pages 10 -13 of the staff report. Allison went through the criteria and findings as written in the staff memo, stating that Staff believes that the 20' setback must be maintained in this case. She said the uses do not change, nor do the parking requirements and that the minimum setback does provide a functional element in protecting natural amenities, such as the stream. Staff recommends denial of the application, but she said the Findings on page 14 of the memo must be made part of the motion if PEC chooses to recommend approval. Lynn Fritzlen said she did not have a chance to read Allison's memo, but feels there are some numerical discrepancies contained in the memo and only 25 square feet is associated with encroaching in the setback. John Schofield stated the total addition seems to be 158 square feet, but you're saying it is 58 square feet. Lynn Fritzlen said she would like to go over some of the improvements that Coldstream has done. She suggested putting together a set of guidelines that address additions by encouraging infill and enclosing existing decks, since these have worked very well. She said that Mr. Kaufman has a unit that he would like to expand by enclosing the deck and approached the HOA to do and she said the request meets Coldstream's guidelines under these circumstances. She said an SDD is meant to be flexible in terms of setbacks. Mr. Kaufman said he bought a town home here 7 years ago and lives here much of the year. He said he joined the HOA board to make sure the quality of the development was retained and improved. He said his project is a minor one, but part of the greater efforts of Coldstream to constantly improve the neighborhood. He said his is one of 3 units that was effected by a line drawn in the sand some years back and he would like to upgrade his home to make it more livable year round and see no negative impacts to anyone. Approved 10114/02 John Schofield asked for any public input, followed by Commissioners comments. George Lamb asked Allison for some alternatives. Allison Ochs said there are infill portions of the lot that can be utilized inside of the lot without encroaching into the setback at the outside boundary. Lynn Fritzlen said she would like to address the internal area, as it is somewhat large. She said the HOA wanted to preserve the existing circulation and the semi - public open area, She said view blockage and corridors would be effected as well and as an architect, it would be an advantage to encourage associations to adopt guidelines that make things easier. Rollie Kjesbo said that when looking at the site, he agrees that it seems logical to enclose those decks, but it is not something we should do on an individual basis. He thought it was great what Coldstream is doing. George Lamb said it seems so petty and frustrating when you have guidelines that have a line drawn, but that is where it is, perhaps having just those three units as the adjustment. Doug Cahill said the line is drawn and you should come back with an application that is comprehensive for all the affected units. John Schofield suggested to Lynn to table and come back with an application that addresses the whole site. Allison Ochs said the conditions in the memo suggest that if the PEC chooses to approve that they recommend to the council that the setback for all of parcel B be adjusted to 15'. John Schofield said he didn't think that is what we want to do; make a blanket change to the whole site. Lynn Fritzlen clarified her point. She said we had not looked at it in terms of altering the setback, but we were looking to just be able to enclose the decks. She said we do not want to encourage encroachment into the setback. She said she is hoping the communication between the HOAs and the planners improves and we would like to see the guidelines part of the SDD. Allison Ochs said she would not recommend making the design guidelines a part of the SDD. She said the setback is part of the SDD and there has to be a public benefit in order to amend the setback line. Lynn Fritzlen said, going back to the suggestion of tabling, that she would like to bring attention to our request and they are happy to look at it both ways. She said if you want to make an amendment to an SDD, it should be universal. George Lamb recommended tabling this application to the next meeting for the purpose of the applicant looking at the three affected units and changing the setback area so that the contemplated improvements can be within the amended setback and confine the changes to those specific areas. Rollie Kjesbo seconded the motion. The motion passed by a vote of 5 -0. 4. A request for a worksession to discuss a proposed major exterior alteration; a conditional use permit to allow for a fractional fee club in the Public Accommodation zone district; a variance from Section 12 -7A -2 (Permitted Uses), Vail Town Code, to allow for retail uses in 9 Approved 10/14102 excess of 10% of the total gross residential floor area of the structure; and a variance from Section 12 -7A -10 (Landscaping & Site Development), Vail Town Code, to allow for a deviation from the total landscape area requirement, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive /Lots K & L, Block 5E, Vail Village 1st Filing. Applicant_ Sonnenalp Properties, Inc., represented by Braun Associates, Inc. Planner: George Ruther /Warren Campbell Warren Campbell introduced the file and gave a description of the request and mentioned that this is just a work session and staff will not be giving a recommendation. He then read from page 2 of the staff memo and gave a chronology. He read from page 5 from the staff memo regarding applicable documents and read the goals of the Vail Village Master Plan. He said the site is located within two land use designations and covered access opportunities, as Fisted in the staff memo. He also brought up the TOV Streetscape Master Plan and stated there were six issues staff wanted clarification on at this hearing: 1. Complete development application; 2. lot or site area; 3. proposed setbacks; 4. sun /shade analysis; 5. mitigation of development impacts; 6. access requested by the Talisman off E. Meadow Drive. He then said the criteria are outlined in the staff memo. Dominick Mauriello introduced the applicants and went through the project and presentation and gave the open space recommendations from the VVMP. He said the plan recommends there be a plaza space and open space and our plan includes these. He said we are proposing landscaping and open space on the site and that the parking and circulation plan calls for very little or no vehicle activity in areas reserved for pedestrians. He said there was limited impact and the Building Height Plan, in the VVMP, was used in the past for people deviating from their zoning. He said they were proposing something that complies with the zoning. He mentioned the goals and action steps with the first one having to do with Vail Road and the town implementing some of that and this proposal reflects the same direction. He said infill retail and lodging are what's called for by the plan in this location and this is what we're proposing and that pedestrian activity is accommodated by our proposal in keeping with the Plan. He said parking is accommodated by the parking structure, the Port Cochere, and at the Talisman. He said they believed there is a balance that needs to be achieved with these policies. He said the next issue is the Swiss Haus. He said providing additions to the existing building is what the plan calls for, and they were doing that with a new building. He said fire issues have been worked through with Mike McGee. He said the Streetscape Master Plan is reflected in our proposal 98% and that you won't see cars; you'll see buildings. He said with regard to setbacks, that they have worked within the PA zone district's standards for setbacks. He said the rear setback is very accurate and that our proposed building will be in essentially the same location that it is in now. He said the Town's plan focuses on sun /shade analysis and the shadows are pretty much contained in one area. He said the urban design elements are not addressed by staff, but are a big part of the plan and that there is also a whole provision about street edge that says buildings can come up to the property line along the street. He mentioned in our proposed plan, we do achieve many of the urban design guidelines. He said dining decks are mentioned in the memo and the plan helps preserve some quality areas, such as La Bottega's. He said the final issue I'd like to address is with respect to access to the Talisman and that today, they have 20 spaces. He stated that the Public Mall Act of 1974 allows communities to define spaces for public mall access and that the town wants to encourage less auto and more pedestrian traffic. He said the point is that we have worked hard with the Talisman to address the access issue. Tom Braun said a project like this is all about balance and the owner, the neighbors, and the Town: all have interests at stake. He said there are many plans and policies that are in 10 Approved 10/14/02 place here and it's likely that no one is going to get everything that they want in this deal. Russ Forrest said there are many positive aspects to this project and we just need to address the issues as soon as possible. Jim Lamont said he has a ringing endorsement of this project. He said Johannes called me three years ago and asked me what we (HOA) would think of a project like this and an amendment to the PA zone district. Jim said we've got to distinguish between wants and needs. He said we had an individual that questioned the switch to pedestrian from vehicular access to the town and Johannes was the first to offer a cure with the loading and delivery system. He said we are making key steps in our loading and delivery systems in the TOV and this proposal is a big part of this progress. Gwen Scarpello said we have not seen the detail but, in general, we are very supportive of this proposal. Larry Eskwith said the Talisman has conceptually agreed to this development and is in the process of working out a development agreement with the Sonnenalp. He said we do not want the PEC to think that all of the issues have been resolved and that access is going to be an issue. He said other than some issues, we think the project is a good one and there has been good communication between the Talisman and Sonnenalp. Jerry Orten said he was here on behalf of 7 owners of the Talisman who have some of the same concerns that Larry just outlined. He said the issues revolve around the ways in which the redevelopment of the Sonnenalp will effect the Talisman, such as mass & bulk, the setback issue, realignment of property lines, and the possibility of the Talisman to redevelopment itself not being hindered. We ask that their signatures be required as a condition of approval and the Talisman 7 would like to be a part of the decision for this proposal. John Schofield said we cannot resolve these issues between you; you all have to do that amongst yourselves and asked if there was any further public comment? He said this is strictly a work session and we will not be making a decision today. He said specifically, we have items that staff would like feedback on and that having been said, I'll turn to Gary. Gary Hartman said he is encouraged by what I've seen so far, but there is a big issue of how do we look at this as a whole? He said he wonders if there is a way to make the Talisman more compliant with the pedestrian quality of the area and to make it much more compatible. He said the spa looks like an afterthought and the retail along both frontages seems excessive and do we really need that much over there? He stated that there are vacant stores on Bridge Street now. Doug Cahill said the application is being taken care of, I assume, but the valet parking seems to be an issue. He said the landscaping percentage could be an issue in the long run for the whole site, including the Talisman. He asked if it is one lot or is it three and that this will be an issue as we move forward unless it is resolved. He said the 20' setbacks can be addressed by stepping back parts of the buildings and putting the retail out. He said he would rather see some movement there and the bulk and mass pulled back a bit. He said that sunshine during the winter should be maximized and on -site mitigations through landscaping is needed and that he was not stuck on the retail number. George Lamb said he is in concurrence with everything said so far and that the Talisman is the real issue and he hopes it gets worked out and suggested that the Swiss Chalet could be stepped back a bit. Approved 10/14102 Rollie Kjesbo said that obviously, if you're going to have one lot, the Talisman will have to be on the application and he agrees that the 4 stories straight up on the property line is not going to work. 0 John Schofield asked what the current setbacks are right now? Dominick Mauriello answered on the existing Sonnenalp along Vail Drive they are in the neighborhood of 15 to 20 feet. John Schofield said that the Talisman folks need to be aware of what their limitations are concerning future developments. He said if you do not get that property into one parcel, I think you're all stuck; the Talisman more so than the Sonnenalp. He said from Staff's standpoint, if it does not come in as one application, then we have to start looking at individual access and setbacks from internal property lines. He said parking definitely remains an issue and he thinks we need to hear from staff regarding loading and delivery and setbacks remain an issue as well. Dominick Mauriello said the Talisman is out of conformance today and what we're proposing will bring them more into compliance in several areas and moving the building does not do much about reducing the shadow. Tom Braun said the setback and sun /shade issues are all interrelated and the ground level retail might be right up to the street, is that correct? Yes, ok. John Schofield asked a question of Russ regarding the Talisman's use of the 250 addition. Russ Forrest said they have it available but with its location along the setback on the creek side it would prove difficult to make additions to individual units. He added that staff had a letter from the Talisman saying its ok to go through the process, but that they do not authorize any plan or portion thereof and asked if it was the boards opinion that the Talisman needs to sign the application as an applicant? John Schofield stated yes. He added that he would like to see how the traffic circulation will work on Willow Drive. 5, A request for a conditional use permit, to allow for a public utility installation, located at the East Vail Water Tank, 5004 Snowshoe Lane /Summer Recreational Area, Vail Meadows Filing 1. Applicant: Town of Vail Planner: Bill Gibson Allison Ochs: Introduced the file. Juiie Anderson stated the public safety issue is crucial to maximize radio coverage for police, fire and emergency services. John Schofield asked for comments from PEC members. George Lamb said we looked at the site and the Snowshoe Lane side is bust and it is my understanding that the ERWSD did not want that. Doug Cahill recommended that six trees be planted in front of the tower. 0 Gary Hartman made a motion for approval, with the condition that six evergreen trees be planted for screening. 12 Approved 10/14/02 Rollie Kjesbo seconded the motion, The motion passed by a vote of 5 -0. 6. A request for a recommendation to the Vail Town Council, to allow for text amendments to Title 11, Sign Regulations, Vail Town Code, and setting forth details in regards thereto. Applicant: Town of Vail Planner: Russell Forrest Russ Forrest asked for any comments please? George Lamb said to make it simple. Gary Hartman said to give a definition of frontage. Doug Cahill said to categorize the code, so when an applicant comes in with a question, you can get to the meat of his issue quickly. John Schofield said you better define Physical Hardship and the appeal process. He said the DRB should have discretion on the form and layout and the simpler the better is what everyone is looking for. Doug Cahill made a motion to table this item. Gary Hartman seconded the motion. 40 7. A request for a recommendation to the Vail Town Council of an amendment to Section 12 -7A -7 (Height), Vail Town Code, to increase the maximum allowable building height in the Public Accommodation zone district and setting forth details in regards thereto. Applicant: Bob Lazier, represented by Jay Peterson Planner; George Ruther/Warren Campbell TABLED TO OCTOBER 14, 2002 8. A request for an interpretation of the maximum height and calculation of average maximum height requirements in the Lionshead Redevelopment Master Plan. Applicant: Town of Vail Community Development Department Planner: George Ruther TABLED UNTIL OCTOBER 14, 2002 9. Approval of September 9, 2002 minutes 10. Information Update The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479 -2138 for information. is Sign language interpretation available upon request with 24 hour notification. Please call 479 -2356, Telephone for the Hearing Impaired, for information. Community Development Department 13