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HomeMy WebLinkAbout2019-03-19 Agenda and Supporting Documentation Town Council Evening Meeting Agenda VAIL TO W N C O U N C IL R E G U L AR ME E TIN G Evening Agenda Town Council C hambers 6:00 P M, March 19, 2019 Notes: Times of items are approximate, subject to c hange, and cannot be relied upon to determine what time C ounc il will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community conc ern, and any items that are not on the agenda. Please attempt to keep c omments to three minutes; time limits established are to provide efficienc y in the c onduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1.Citizen Participation (10 min.) 2.Appointments for Boards and Commissions 2.1.Art in Public Places (A I P P) Board Appointments 5 min. Presenter(s): Dave Chapin, Mayor Action Requested of Council: Motion to appoint two people to the A I P P Board for a two year term ending March 31, 2021. 2.2.Design and Review Board (D RB) Appointments Presenter(s): Dave Chapin, Mayor Action Requested of Council: Motion to appoint two members to serve on D RB for two year term ending March 31, 2021. 2.3.Planning and Environmental Commission (P E C) Appointments Presenter(s): Dave Chapin, Mayor Action Requested of Council: Motion to appoint three members to the Planning and Environmental Commission (P E C) for a two year term ending March 31, 2021. 3.Consent Agenda (5 min.) 3.1.Colorado Outdoor Recreation District Letter of Support 5 min. Background: Millions of people visit the central mountains and western slope of Colorado each year, and our federal public lands contribute immeasurably to our economy and quality of life. We must have the vision to protect what is wilderness, create ongoing opportunities for sustainable recreation, and conserve wildlife habitat. W e believe that the C ORE Act strikes that balance. 4.Town Manager Report March 19, 2019 - Page 1 of 114 4.1.Town Manager Report 5 min. 5.Action Items 5.1.Holy Cross Franchise Agreement Discussion 30 min. Presenter(s): Greg Hall, Public W orks Director Background: The Town's franchise agreement with Holy Cross Energy will be expiring in May 2019. I t is a 20 year agreement. Staff has been meeting with representatives with Holy Cross to negotiate possible terms for the new franchise agreement, which should be coming to Town Council by ordinance in April. One salient term concerns the underground of existing overhead lines. I t is largely a safety issue and an aesthetic one as well. To fund this in past years, the existing franchise agreement provides for an enhancement fund to help capitalize these underground projects. The fund has been insufficient as the projects are very costly. Staff is proposing an increased revenue source, derived from the franchise fee. The enclosed memo provides details. 5.2.East Vail Parcel – Public Discussion of a Draft Term Sheet for Review and Consideration. 60 min. Presenter(s): George Ruther, Housing Director Action Requested of Council: Following review and discussion of the term sheet, the Vail Town Council is being asked to provide direction on this action item to the Town Attorney/Town Manager. Background: The purpose of this action item is to present the terms under consideration by the Vail Town Council to acquire at least 40 resident- occupied, deed-restrictions in a potential East Vail Parcel development expected to be proposed by Triumph Development. The outcome of the Town’s potential participation would result in a 100% deed-restricted development of approximately 130 to 140, one and two bedroom, for-rent homes for Vail residents. The purpose of this action item is not to discuss the merits of a potential development review application for development on the East Vail Parcel. The review of a development application, if or when submitted, will occur during the course of the development review process with the Town of Vail Planning & Environmental Commission. Staff Recommendation: The Town of Vail staff recommends the Vail Town Council engages in a public discussion specific only to the proposed terms of a potential development agreement with Triumph Development to acquire at least 40 resident-occupied, deed-restrictions on the East Vail Parcel, if a development plan is approved by the Town of Vail Planning & Environmental Commission. 6.Public Hearings 6.1.An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision of the Town of Vail Design Review Board on J anuary 16, 2019 approving a request for a minor building addition, exterior alteration and new outdoor dining patio, located at 100 East Meadow Drive Unit 15/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regards thereto. (TC19-0001) 30 min. March 19, 2019 - Page 2 of 114 Presenter(s): J onathan Spence, Community Development Planner Action Requested of Council: The question to be answered by the Vail Town Council regarding this appeal is: Were the requirements of the Vail Town Code, specifically Title 14, Chapter 10, Design Review Standards and Guidelines properly applied in the decision approving a request for a minor building addition, exterior alteration and new outdoor dining patio, located at 100 East Meadow Drive Unit 15/Lot O, Block 5D, Vail Village Filing 1? Pursuant to Section 12-3-3, Appeals, Vail Town Code, the Vail Town Council shall uphold, uphold with modifications, or overturn the Design Review Board’s J anuary 16, 2019, decision. Background: The applicant originally proposed a more aggressive project that included the construction of an elevated patio, larger proposed commercial additions and an overall reduction in the quantity of landscaping. This proposal under went a preliminary review where a number of concerns have been expressed by various Town departments and an outside urban design consultant engaged to review the proposal with respect to adopted plans, including the Vail Village Master Plan and the associated Vail Village Urban Design Guide Plan and Design Considerations. These concerns were largely focused on pedestrian safety resulting from the removal of any refuge for pedestrians resulting from the proximity of the improvements to bus travel way. The loss of valuable, mature landscaping was also identified as a concern. Staff Recommendation: Should the Vail Town Council choose to uphold the determination of the Town of Vail Design Review Board, the following statement is recommended: “The Vail Town Council finds as follows: The Vail Town Code was properly applied in regard to the J anuary 19, 2019 Design Review Board approval of D RB17-0390. Furthermore, the project consisting of a minor building addition, exterior alteration and new outdoor dining patio, located at 100 East Meadow Drive Unit 15/Lot O, Block 5D, Vail Village Filing 1, is consistent with Title 14, Development Standards, of the Vail Town Code.” 7.Adjournment 7.1.Adjournment 9:10 pm (estimate) Meeting agendas and materials can be acc es s ed prior to meeting day on the Town of Vail webs ite www.vailgov.com. All town c ouncil meetings will be streamed live by High F ive Ac cess Media and available for public viewing as the meeting is happening. T he meeting videos are als o posted to High F ive Ac cess Media website the week following meeting day, www.highfivemedia.org. P leas e c all 970-479-2136 for additional information. S ign language interpretation is available upon reques t with 48 hour notification dial 711. March 19, 2019 - Page 3 of 114 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: A rt in Public Places (A I P P ) Board Appointments P RE S E NT E R(S ): Dave Chapin, Mayor AC T IO N RE Q UE S T E D O F C O UNC I L: Motion to appoint two people to the A I P P Board for a two year term ending March 31, 2021. March 19, 2019 - Page 4 of 114 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Design and Review Board (D R B ) A ppointments P RE S E NT E R(S ): Dave Chapin, Mayor AC T IO N RE Q UE S T E D O F C O UNC I L: Motion to appoint two members to serve on D R B for two year term ending March 31, 2021. March 19, 2019 - Page 5 of 114 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Planning and Environmental Commission (P E C) Appointments P RE S E NT E R(S ): Dave Chapin, Mayor AC T IO N RE Q UE S T E D O F C O UNC I L: Motion to appoint three members to the Planning and E nvironmental Commission (P E C) for a two year term ending March 31, 2021. March 19, 2019 - Page 6 of 114 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Colorado Outdoor Recreation District L etter of Support B AC K G RO UND: Millions of people visit the central mountains and western slope of Colorado each year, and our federal public lands contribute immeasurably to our economy and quality of life. We must have the vision to protect what is wilderness, create ongoing opportunities for sustainable recreation, and conserve wildlife habitat. We believe that the C O R E Act strikes that balance. AT TAC H ME N TS: Description Colorado Outdoor Recreation District Letter of Support March 19, 2019 - Page 7 of 114 March 19, 2019 U.S. Senator Michael Bennet 1244 Speer Boulevard Denver, CO. 80204 Dear U.S. Senator Michael Bennet, We are writing to express our strong support for the Colorado Outdoor Recreation and Economy Act (CORE Act). We appreciate the leadership of the Colorado delegation to protect public lands in Colorado, and in particular the leadership of Senator Michael Bennet and Representative Joe Neguse for introducing this legislation. Our public lands support our communities’ quality of life and support our sustainable outdoor recreation - driven economies. Continental Divide - In particular, we appreciate that the CORE Act carries forward protections that balance conservation and recreation that we have long supported in the Continental Divide Recreation, Wilderness and Camp Hale Legacy Act which was introduced last Congress. The bill would establish the Camp Hale Nati onal Historic Landscape, conferring well-deserved recognition on the Army’s 10th Mountain Division, which fought valiantly in World War II and was pivotal to the founding of Vail, the modern ski industry and the outdoor recreation industry. The bill was pr eviously introduced in by Sen. Bennet in January 2018 (S. 2337). San Juans - In particular, we appreciate that the CORE Act carries forward protections that balance conservation and recreation that we have long supported in the San Juan Mountains Wilderness Act, which was introduced last Congress. Protections for the San Juan Mountains have enjoyed remarkably consistent and broad support, including all three counties where the lands are located, five major local municipalities, over 100 local businesses, and a wide array of affected stakeholders. These stakeholders include ranchers, sportsmen, private landowners, recreation groups, the area’s only operating mining company, and the region’s biggest ski resort. The bill was most recently introduced by Sen. Michael Bennet in April 2018 (S. 2721) and has been passed by both the House Natural Resources Committee (Fall 2010) and Senate Energy and Natural Resources Committee (Fall 2013). Most recently, a Senate hearing was held on the bill in August of 2018. March 19, 2019 - Page 8 of 114 Town of Vail Page 2 Thompson Divide - In particular, we appreciate that the CORE Act carries forward protections that balance conservation and recreation that we have long supported in the Thompson Divide Withdrawal and Protection Act, which was introduced last Congress. The Thompson Divide Withdrawal and Protection Act has enjoyed consistent and broad support from local governments and diverse stakeholders for years. The bill has enjoyed support from Gunnison and Pitkin Counties, eight local municipalities, and a wide array of local businesses and organizations. Individual supporters come from all walks of life and all political persuasions, and include ranchers, sportsmen, private landowners, recreation groups, small business owners, skiing companies, and many more. A version of the Thompson Divide Withdrawal and Protection Act was most recently introduced by Sen. Bennet in March of 2017 (S. 481). The four elements of the CORE Act are all reflective of and accountable to the needs and interests of diverse stakeholders, with carefully drawn boundaries and thoughtful designations. We are appreciative that these proposed designations were locally developed to address existing and future recreation, wildlife habitat, wildfire management, agricultural and water supply needs. Millions of people visit the central mountains and western slope of Colorado each year, and our federal public lands contribute immeasurably to our economy and quality of life. But we must have the vision to protect what is wilderness, create ongoing oppor tunities for sustainable recreation, and conserve wildlife habitat. We believe that the CORE Act strikes that balance. On behalf of the Vail Town Council, we hope that Colorado’s congressional delegation will prioritize passage of the CORE Act in the 116 th Congress. Sincerely, Dave Chapin, Mayor March 19, 2019 - Page 9 of 114 March 19, 2019 U.S. Senator Cory Gardner 721 19th Street, Ste. 150 Denver, CO. 80202 Dear U.S. Senator Cory Gardner, We are writing to express our strong support for the Colorado Outdoor Recreation and Economy Act (CORE Act). We appreciate the leadership of the Colorado delegation to protect public lands in Colorado, and in particular the leadership of Senator Michael Bennet and Representative Joe Neguse for introducing this legislation. Our public lands support our communities’ quality of life and support our sustainable outdoor recreation - driven economies. Continental Divide - In particular, we appreciate that the CORE Act carries forward protections that balance conservation and recreation that we have long supported in the Continental Divide Recreation, Wilderness and Camp Hale Legacy Act which was introduced last Congress. The bill would establish the Camp Hale Nati onal Historic Landscape, conferring well-deserved recognition on the Army’s 10th Mountain Division, which fought valiantly in World War II and was pivotal to the founding of Vail, the modern ski industry and the outdoor recreation industry. The bill was pr eviously introduced in by Sen. Bennet in January 2018 (S. 2337). San Juans - In particular, we appreciate that the CORE Act carries forward protections that balance conservation and recreation that we have long supported in the San Juan Mountains Wilderness Act, which was introduced last Congress. Protections for the San Juan Mountains have enjoyed remarkably consistent and broad support, including all three counties where the lands are located, five major local municipalities, over 100 local businesses, and a wide array of affected stakeholders. These stakeholders include ranchers, sportsmen, private landowners, recreation groups, the area’s only operating mining company, and the region’s biggest ski resort. The bill was most recently introduced by Sen. Michael Bennet in April 2018 (S. 2721) and has been passed by both the House Natural Resources Committee (Fall 2010) and Senate Energy and Natural Resources Committee (Fall 2013). Most recently, a Senate hearing was held on the bill in August of 2018. March 19, 2019 - Page 10 of 114 Town of Vail Page 2 Thompson Divide - In particular, we appreciate that the CORE Act carries forward protections that balance conservation and recreation that we have long supported in the Thompson Divide Withdrawal and Protection Act, which was introduced last Congress. The Thompson Divide Withdrawal and Protection Act has enjoyed consistent and broad support from local governments and diverse stakeholders for years. The bill has enjoyed support from Gunnison and Pitkin Counties, eight local municipalities, and a wide array of local businesses and organizations. Individual supporters come from all walks of life and all political persuasions, and include ranchers, sportsmen, private landowners, recreation groups, small business owners, skiing companies, and many more. A version of the Thompson Divide Withdrawal and Protection Act was most recently introduced by Sen. Bennet in March of 2017 (S. 481). The four elements of the CORE Act are all reflective of and accountable to the needs and interests of diverse stakeholders, with carefully drawn boundaries and thoughtful designations. We are appreciative that these proposed designations were locally developed to address existing and future recreation, wildlife habitat, wildfire management, agricultural and water supply needs. Millions of people visit the central mountains and western slope of Colorado each year, and our federal public lands contribute immeasurably to our economy and quality of life. But we must have the vision to protect what is wilderness, create ongoing oppor tunities for sustainable recreation, and conserve wildlife habitat. We believe that the CORE Act strikes that balance. On behalf of the Vail Town Council, we hope that Colorado’s congressional delegation will prioritize passage of the CORE Act in the 116 th Congress. Sincerely, Dave Chapin, Mayor March 19, 2019 - Page 11 of 114 March 19, 2019 U.S. Congressman Joe Neguse 2503 Walnut Street, Ste. 300 Boulder, CO. 80302 Dear U.S. Congressman Joe Neguse, We are writing to express our strong support for the Colorado Outdoor Recreation and Economy Act (CORE Act). We appreciate the leadership of the Colorado delegation to protect public lands in Colorado, and in particular the leadership of Senator Michael Bennet and Representative Joe Neguse for introducing this legislation. Our public lands support our communities’ quality of life and support our sustainable outdoor recreation - driven economies. Continental Divide - In particular, we appreciate that the CORE Act carries forward protections that balance conservation and recreation that we have long supported in the Continental Divide Recreation, Wilderness and Camp Hale Legacy Act which was introduced last Congress. The bill would establish the Camp Hale Nati onal Historic Landscape, conferring well-deserved recognition on the Army’s 10th Mountain Division, which fought valiantly in World War II and was pivotal to the founding of Vail, the modern ski industry and the outdoor recreation industry. The bill was pr eviously introduced in by Sen. Bennet in January 2018 (S. 2337). San Juans - In particular, we appreciate that the CORE Act carries forward protections that balance conservation and recreation that we have long supported in the San Juan Mountains Wilderness Act, which was introduced last Congress. Protections for the San Juan Mountains have enjoyed remarkably consistent and broad support, including all three counties where the lands are located, five major local municipalities, over 100 local businesses, and a wide array of affected stakeholders. These stakeholders include ranchers, sportsmen, private landowners, recreation groups, the area’s only operating mining company, and the region’s biggest ski resort. The bill was most recently introduced by Sen. Michael Bennet in April 2018 (S. 2721) and has been passed by both the House Natural Resources Committee (Fall 2010) and Senate Energy and Natural Resources Committee (Fall 2013). Most recently, a Senate hearing was held on the bill in August of 2018. March 19, 2019 - Page 12 of 114 Town of Vail Page 2 Thompson Divide - In particular, we appreciate that the CORE Act carries forward protections that balance conservation and recreation that we have long supported in the Thompson Divide Withdrawal and Protection Act, which was introduced last Congress. The Thompson Divide Withdrawal and Protection Act has enjoyed consistent and broad support from local governments and diverse stakeholders for years. The bill has enjoyed support from Gunnison and Pitkin Counties, eight local municipalities, and a wide array of local businesses and organizations. Individual supporters come from all walks of life and all political persuasions, and include ranchers, sportsmen, private landowners, recreation groups, small business owners, skiing companies, and many more. A version of the Thompson Divide Withdrawal and Protection Act was most recently introduced by Sen. Bennet in March of 2017 (S. 481). The four elements of the CORE Act are all reflective of and accountable to the needs and interests of diverse stakeholders, with carefully drawn boundaries and thoughtful designations. We are appreciative that these proposed designations were locally developed to address existing and future recreation, wildlife habitat, wildfire management, agricultural and water supply needs. Millions of people visit the central mountains and western slope of Colorado each year, and our federal public lands contribute immeasurably to our economy and quality of life. But we must have the vision to protect what is wilderness, create ongoing oppor tunities for sustainable recreation, and conserve wildlife habitat. We believe that the CORE Act strikes that balance. On behalf of the Vail Town Council, we hope that Colorado’s congressional delegation will prioritize passage of the CORE Act in the 116 th Congress. Sincerely, Dave Chapin, Mayor March 19, 2019 - Page 13 of 114 March 19, 2019 U.S. Congressman Scott Tipton 609 Main Street, Ste. 105 Alamosa, CO. 81101 Dear U.S. Congressman Scott Tipton, We are writing to express our strong support for the Colorado Outdoor Recreation and Economy Act (CORE Act). We appreciate the leadership of the Colorado delegation to protect public lands in Colorado, and in particular the leadership of Senator Michael Bennet and Representative Joe Neguse for introducing this legislation. Our public lands support our communities’ quality of life and support our sustainable outdoor recreation - driven economies. Continental Divide - In particular, we appreciate that the CORE Act carries forward protections that balance conservation and recreation that we have long supported in the Continental Divide Recreation, Wilderness and Camp Hale Legacy Act which was introduced last Congress. The bill would establish the Camp Hale Nati onal Historic Landscape, conferring well-deserved recognition on the Army’s 10th Mountain Division, which fought valiantly in World War II and was pivotal to the founding of Vail, the modern ski industry and the outdoor recreation industry. The bill was pr eviously introduced in by Sen. Bennet in January 2018 (S. 2337). San Juans - In particular, we appreciate that the CORE Act carries forward protections that balance conservation and recreation that we have long supported in the San Juan Mountains Wilderness Act, which was introduced last Congress. Protections for the San Juan Mountains have enjoyed remarkably consistent and broad support, including all three counties where the lands are located, five major local municipalities, over 100 local businesses, and a wide array of affected stakeholders. These stakeholders include ranchers, sportsmen, private landowners, recreation groups, the area’s only operating mining company, and the region’s biggest ski resort. The bill was most recently introduced by Sen. Michael Bennet in April 2018 (S. 2721) and has been passed by both the House Natural Resources Committee (Fall 2010) and Senate Energy and Natural Resources Committee (Fall 2013). Most recently, a Senate hearing was held on the bill in August of 2018. March 19, 2019 - Page 14 of 114 Town of Vail Page 2 Thompson Divide - In particular, we appreciate that the CORE Act carries forward protections that balance conservation and recreation that we have long supported in the Thompson Divide Withdrawal and Protection Act, which was introduced last Congress. The Thompson Divide Withdrawal and Protection Act has enjoyed consistent and broad support from local governments and diverse stakeholders for years. The bill has enjoyed support from Gunnison and Pitkin Counties, eight local municipalities, and a wide array of local businesses and organizations. Individual supporters come from all walks of life and all political persuasions, and include ranchers, sportsmen, private landowners, recreation groups, small business owners, skiing companies, and many more. A version of the Thompson Divide Withdrawal and Protection Act was most recently introduced by Sen. Bennet in March of 2017 (S. 481). The four elements of the CORE Act are all reflective of and accountable to the needs and interests of diverse stakeholders, with carefully drawn boundaries and thoughtful designations. We are appreciative that these proposed designations were locally developed to address existing and future recreation, wildlife habitat, wildfire management, agricultural and water supply needs. Millions of people visit the central mountains and western slope of Colorado each year, and our federal public lands contribute immeasurably to our economy and quality of life. But we must have the vision to protect what is wilderness, create ongoing oppor tunities for sustainable recreation, and conserve wildlife habitat. We believe that the CORE Act strikes that balance. On behalf of the Vail Town Council, we hope that Colorado’s congressional delegation will prioritize passage of the CORE Act in the 116 th Congress. Sincerely, Dave Chapin, Mayor March 19, 2019 - Page 15 of 114 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Town Manager Report AT TAC H ME N TS: Description Town Manager Report March 19, 2019 - Page 16 of 114 TOWN MANAGER REPORT - March 19th TOWN COUNCIL MEETING Newsletter Date Nyigirf TOPICS Meetings Update Staff Updates Meetings Update CAST The annual Legislative Meeting as hosted by the Colorado Assn of Ski Towns occurred in Denver on March 7th. There was a keynote speech by Governor Polis, along with an array of topics presented by other state officials, and a very informative economic outlook provided by the Leeds School of Business, which we will try to also schedule for a future Vail Town Council meeting. The agenda is pasted below. Kim Langmaid was unable to attend, because of highway pass closures, and I participated in the panel discussion re : overuse of trails on her behalf. It was a good discussion and very informative. The dinner was well attended and we had representation from our regional delegates at the statehouse, including Sen. Kerry Donovan and Rep. Dylan Roberts. March 19, 2019 - Page 17 of 114 Town Manager’s Report Page 2 I-70 Coalition The Board met in Frisco on March 6th. The agenda was short, new officers were appointed, and other business matters addressed. Trailblazer Luncheon The luncheon and presentation was excellent, and very well orchestrated. Council has received a very nice thank you letter from Glenn Porzak. The award ceremony remains a real highlight for our community, and the selection committee is commended for bringing forth a very well deserved recipient, whose many accomplishments for the Town of Vail cannot be overstated. VEAC The meeting on March 12th was well attended. Finance Department provided some excerpts from the Budget Message which will also be shared with the Town Council during your regular meeting on the 19th. There was considerable discussion related to the Educa tion and Enrichment Task Force, which will likely require some continued discussion as we narrow the focus and scope of the task force. This will be coming back to Council in the near future. The agenda is pasted below: March 19, 2019 - Page 18 of 114 Town Manager’s Report Page 3 Staff Updates IT Department As has been announced, TJ Johnson will be joining us in the days ahead as our new Director of Information Technology. He has been on site meeting the many team members, and we are currently working to update his office. TJ has already joined us for our weekly directors meeting, and he participated in an onsite meeting regarding our new Data Center at West Vail Fire Station. That particular project is moving forward and Council will soon be given an update on plans, projected costs, and related matters. Guest Experience Collaborative The group met on March 14th and will meet weekly going forward, formulating in the near-term a timeline and punch list of benchmarks and action items related to the employee training program. Stay tuned Civic Area Plan Council will be reviewing a presentation of concepts that have emerged from the survey and first tier of the planning process. This will be slated for your next meeting. Staff is currently reviewing the presentation internally. Betty Ford Alpine Gardens I met with Nicola Ripley, Executive Director, on March 13 th. We discussed a number of topics, including upcoming programs and exhibits at the Gardens, master planning, facilities, and related . It may be beneficial to schedule a short presentation and update at a future Town Council meeting, which would be very informative. Booth Falls Trailhead We have had one staff meeting internally, followed by a meeting on March 14th with Aaron Mayville, District Ranger with the USFS. We discus sed a punch list of action items related to the parking structure, transit, sanitation, trail maintenance and front ranger patrol. As we progress forward with these action items, Council can expect an update. The working group will eventually be expanded to include community stakeholders. Stay tuned. Emergency Services Vail Fire and Emergency Services hosted the Vail Veterans final night dinner last week for the 15 year anniversary of the starting of this program, which has helped hundreds of wounded warriors. The Police Department hosted a day and a half Colorado Open Records and Criminal Justice Records class this week at the Grand View. 13 TOV employees attended with representatives from: Police, Town Clerk, Human Resources, Housing, Community Development and the Vail Public Safety Communications Center. There were an additional 15 participants from the Eagle County Sheriff’s Office and Avon PD. Thanks to Kris Cureau and the PD Admin Services Team for organizing the training! March 19, 2019 - Page 19 of 114 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Holy Cross F ranchise Agreement Discussion P RE S E NT E R(S ): Greg Hall, Public Works Director B AC K G RO UND: The Town's f ranchise agreement with Holy C ross Energy will be expiring in May 2019. I t is a 20 year agreement. S taff has been meeting with representatives with Holy Cross to negotiate possible terms for the new f ranchise agreement, which should be coming to Town Council by ordinance in A pril. One salient term concerns the underground of existing overhead lines. I t is largely a safety issue and an aesthetic one as well. To f und this in past years, the existing franchise agreement provides for an enhancement fund to help capitalize these underground projects. T he f und has been insufficient as the projects are very costly. S taff is proposing an increased revenue source, derived from the franchise fee. T he enclosed memo provides details. AT TAC H ME N TS: Description Holy Cross Energy Memorandum Overhead Map March 19, 2019 - Page 20 of 114 1 TO: Vail Town Council FROM: Greg Clifton, Vail Town Manager Greg Hall, Director of Public Works and Transportation DATE: February 19, 2019 SUBJECT: Holy Cross Energy Franchise Fee I. PURPOSE The purpose of this item is to:  Solicit Public input prior to the Council discussing the Holy Cross Franchise Fee being adjusted from 3% to 4%  Direct staff on the amount of the franchise fee to be collected by Holy Cross Energy on Vail users to be distributed to the Town of Vail. The fee will be included in the new Franchise Agreement between the Town of Vail and Holy Cross Energy. II. BACKGROUND The franchise agreement between the Town of Vail and Holy Cross Energy is neari ng its renewal period. It is a 20-year agreement. The last agreement was executed in 1999. As background, the franchise agreement is a contract between Vail, as the municipality, and Holy Cross Energy, as the utility service provider. It outlines certain terms and conditions related to the utility’s installation and relocation of “Company Facili ties” in municipal streets and municipal property. W e enter into this agreement not as a customer, but in our capacity as a governmental entity that owns the streets and properties encumbered by the utility. Franchise agreements regarding electric utilities typically deal wi th terms, franchise fees, relocations, undergrounding, audits, and related. The Town Charter provides that the Town Council exercises all powers concerning the granting, amending, revoking, or otherwise dealing in franchises. The term cannot exceed 20 years. See Article XII, Section 12 of the Town of Vail Charter. March 19, 2019 - Page 21 of 114 2  Duri ng the last Franchise Agreement in 1999, the formulation of the Community Enhancement Fund was separate from the Franchise Fee imposed on Vail Electri c Bills (3%). The value of the fund each year was 1% of all gross charges. The value for 2018 (paid in February 2019) was $208,946.  The Town of Vail has used the Community Enhancement fund exclusively to underground electric utility lines over the entire term of the franchise agreement. In addition we are extended out three more years going forward with the latest projects underway (allowed p ursuant to terms re advancement of funds).  The Town of Vail had requested the community enhancement fund to be increased to cover the cost of undergrounding as any undergrounding is an upgrade to the Holy Cross fa cilities as new lin es are installed with each project. Holy Cross Energy has stated that these funds are voluntary and would undul y favor the Town of Vail o ver other franchises as well as the many coop members who are not recipient to such funds, but are eligible for coop rebates each year. Those rebates would be reduced by any additional obligation to Vail.  The current undergrounding project the Town has undertaken is budgeted at $2,138,066 for 7,500 feet of undergrounding or $285/lineal feet. There are approximately 38,000 lineal feet of overhead lines remaining in Vail. At these current costs, it could take close to 52 years t o underground the remaining lines based solely upon use of the Community Enhancement Funds. The cost of construction has increased at a higher rate than the increase in the community enhancement fund. The attached provide the locations of the remaining overhead lines in Vail.  The current Franchise Fee is 3 % franchise fe e in addition to 4% sales tax on electric consumption. This is in line with the Xcel franchise agreement , and is also in line with the industry standard throughout Colorado. The franchise fee funds and sales tax currently go toward Gene ral Fund with Sales Tax split with the Capital Projects Fund.  Since Holy Cross will justifiabl y not increase the community enhancement fund percentage, staff is asking council if there is a desire to increase the Franchise Fee by 1% to be used to offset the cost of undergrounding overhead lines. This would not be, according to our discussions, an issue with Holy Cross, which simply collects the fee as a surcharge t o the utility customers.  The interface with overhead electric power lines and the interface with surrounding combustibles can be a safety risk. III. SAFETY RISKS OF WILDFIRE AND OVERHEAD POWER LINES March 19, 2019 - Page 22 of 114 3 Wildfire ignition with combustibles caused from overhead powerlines can happen from a variety of ways. Below are some of the different ways wildfires are started. Downed lines–Power distribution systems contain protective devices (e.g. fuses, circuit breakers) that detect short-circuit fault conditions and operate to limit damage to the system. These devices are intended to clear faults quickly, but in as many as 30% of cases in which a single energized line conductor breaks and falls to earth, surface contact resistance causes the resulting fault to draw too little electrical current to blow a fuse or trip a circuit breaker. Such a condition is known as a high-impedance fault, sometimes abbreviated as a HiZ (pronounced “high zee”) fault. A line with a HiZ fault can remain energized on or near the earth for an arbitrarily long period of time. It is common for a downed line conductor to remain energized a nd arcing until a customer calls the utility company to report a lights -out condition . An arcing downed conductor readily ignites proximate vegetation and other materials, particularly if it occurs in an area of elevated fire risk. Even if conventional pr otection finally operates, the period of arcing already may have started a fire. Vegetation Contact – Trees and other vegetation intruding into power lines can cause fires in multiple ways. A tree falling across a line can tear the line down and result i n a downed line. A branch spanning two line conductors for a sufficient period of time may ignite the branch and also may produce high-energy, high-temperature Jacob’s Ladder arcs multiple feet in length. If the branch remains in contact and arcing, it can cause progressive damage that eventually breaks the line. Conductor Slap – Power lines are designed with sufficient clearance between conductors to keep them from contacting each other under most operating conditions. Certain unusual circumstances, however, can cause line conductors to slap together. Conductor slap creates high-energy arcing and ejects hot metal particles capable of igniting ground -level combustibles. In addition, where line conductors are made of aluminum, the ejected particles may burn as they fall. Repetitive Faults – Each power line fault creates some risk of fire. Most faults are isolated events (e.g. animal contact, etc.) that do not repeat. Some faults, however, will occur multiple times unless a utility takes corrective action. Re petitive faults can be caused by vegetation, conductor slap, or equipment that is in the process of failing, such as a cracked insulator. Apparatus Failures – Many power line components (e.g., switches, insulators, transformers, …) provide trouble-free service for decades. A typical circuit may have hundreds or even thousands of components, making it impractical to inspect or test all components on a frequent basis. Components eventually fail. As they do, they often go through a pre-failure period, during which they continue to serve load until progressive deterioration causes complete failure. Pre-failures often involve arcing and sparking at levels too small to be detected by conventional technologies. Over time the arcing and sparking may increase in intensity and, under the right conditions, can ignite proximate combustibles. More commonly these pre -failures cause progressive damage that eventually evolves into high-energy arcing or even burns conductors in two, resulting in an energized wire on the ground, which provides a ready source of ignition, as discussed above. March 19, 2019 - Page 23 of 114 4 The threat of overhead lines being a source of wildfires has escalated in recent years. An acceleration in undergrounding overhead lines is seen as improving the safety of the Town of Vail. In project selection moving forward more emphasis on the prioritization of which lines to underground will be in combination to potential financial partners as has been the case in the past, reduction of risk and then aesthetics. It should be noted, th ere may be certain sections of overhead lines in which it is impractical to underground. RECOMMENDED FRANCHISE FEE ADJUSTMENT The staff requests the Town Council consider raising the Holy Cross franchise fee from the current 3% to 4%. The additional funds raised would be used for the exclusive use to offset construction costs to underground overhead electric lines in the Town of Vail. The funding and acceleration of construction is to address the safety issues of o verhead electric lines and with the surrounding vegetated areas. If in the future all lines which are practical have been undergrounded, the fee would resort back to 3%. IV. RECOMMENDED ACTIONS COST S AND BUDGET IMPLICATIONS The increase in Franchise fee would generate approximately in $208,0 00 in 2018 dollars and approximately $4,160,0000 over the of the agreement. These funds would be used for the exclusive use to offset construction costs to underground overhead electric lines in the Town of Vail. The funding and acceleration of constructio n is to address the safety issues of overhead electric lines interface with combustibles in and the surrounding vegetated areas. . VI. ACTION REQUESTED Provide direction to the staff regarding the Holy Cross Energy Franchise Fee for inclusion in the Holy Cross Energy Franchise Agreement adoption ordinance, scheduled for April of this year. VII. STAFF RECOMMENDATION Staff recommends the Town Council raise the franchise fee from 3% to 4%, generating approximately $208,000 in 2018 dollars annually to be used for the undergrounding of overhead electric lines. March 19, 2019 - Page 24 of 114 Intermountain March 19, 2019 - Page 25 of 114 West Vail North Matterhorn March 19, 2019 - Page 26 of 114 Vail Mountain March 19, 2019 - Page 27 of 114 Spraddle Creek to Bald Mountain March 19, 2019 - Page 28 of 114 Bighorn March 19, 2019 - Page 29 of 114 East Vail March 19, 2019 - Page 30 of 114 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: East Vail P arcel – P ublic Discussion of a Draft Term S heet for Review and Consideration. P RE S E NT E R(S ): George Ruther, Housing Director AC T IO N RE Q UE S T E D O F C O UNC I L: F ollowing review and discussion of the term sheet, the Vail Town Council is being asked to provide direction on this action item to the Town A ttorney/Town Manager. B AC K G RO UND: The purpose of this action item is to present the terms under consideration by the Vail Town Council to acquire at least 40 resident-occupied, deed-restrictions in a potential E ast Vail Parcel development expected to be proposed by Triumph Development. T he outcome of the Town’s potential participation would result in a 100% deed-restricted development of approximately 130 to 140, one and two bedroom, for-rent homes for Vail residents. The purpose of this action item is not to discuss the merits of a potential development review application for development on the E ast Vail Parcel. T he review of a development application, if or when submitted, will occur during the course of the development review process with the Town of Vail Planning & Environmental Commission. S TAF F RE C O M M E ND AT IO N: T he Town of Vail staff recommends the Vail Town Council engages in a public discussion specific only to the proposed terms of a potential development agreement with Triumph Development to acquire at least 40 resident-occupied, deed-restrictions on the East Vail P arcel, if a development plan is approved by the Town of Vail Planning & E nvironmental Commission. AT TAC H ME N TS: Description Staff Memorandum Presentation March 19, 2019 - Page 31 of 114 To: V From: G Date: M Re: E The draf property entitlem herein. the Tow approva I. P The purp Council Parcel de Town’s approxim II. B The Eas Parcel is open spa occupied III. O The Tow meeting Town of Area Pre Develop Parcel b Vail reco the total Parcel, f 1. TOV Triumph Vail Town Co George Ruthe March 5, 201 East Vail Par ft terms set y making a ents which Nothing he n of Vail’s r al of a devel Purpose pose of this to acquire a evelopment proposed p mately 130 to Background t Vail Parce s being sold ace. The cu d, deed-restr Option for C wn Council w on March 19 f Vail Purcha eservation ‘ pment signs back from th overs $2.5M l GRFA of th for a total n agrees to and invest a ouncil er, Housing 9 rcel – Draft T forth below application would allow rein constit relevant rev opment rev memorandu at least 40 expected to participation o 140, one a el is owned to Triumph urrent zonin ricted homes onsideratio will be consi 9. Public com ases the En ‘NAP’ Parce s a 10-Year he Town of M, acquires he developm et investme purchase th a total of $4M Director Term Sheet f w are entire for develo w for the de tutes an ap viewing age view applica um is to pres resident-occ o be propos would res nd two bedr by Vail Res h Developme ng requires s for Vail res on dering the f mment will b ntire +/- 23 A el) from Triu Ground Lea Vail for $2.5 at least 40 r ment and m ent of $1.5M he +/-23-acr M. for Review a ely continge opment rev evelopment proval of an encies and t ation submi sent the term cupied, dee sed by Trium sult in a 1 room, for-ren sorts and lo ent for deed at least 70 sidents. following ter be taken. Acre East V umph Devel ase with an 5M. On or b resident-oc maintains ow M. re East Vai and Conside ent upon th view and o t of the hou ny developm the Town o itted by any ms under co ed-restriction mph Develop 100% deed nt homes for ocated within d-restricted 0% of the d rms at their Vail Parcel ( lopment for obligation before the e ccupied dee wnership of il Workforce eration e owner of obtaining ce using projec ment review of Vail cann y owner of r nsideration ns in the po pment. The d-restricted r Vail residen n the Housi residential d development regularly sc (Housing Pa r $4M. Trium to purchas end of Year ed-restrictio f the +/- 17.9 e Housing S the subject ertain land ct contemp w applicatio ot guarante real propert by the Vail T otential East e outcome o developmen nts. ing District. developmen t to be resi cheduled eve arcel + Natu mph se the Hous 10, the Tow ons on 30% 9 acre NAP Subdivision t real use lated on by ee an ty. Town t Vail of the nt of The t and ident- ening ural ing wn of of from March 19, 2019 - Page 32 of 114 Town of Vail Page 2 2. TOV agrees to ground lease the Housing Parcel back to Triumph in the form of a 10-Year, Subordinated, Ground Lease at no cost other than the annual land payment outlined in item #11 below. 3. The Town shall acquire ownership of the 17.9-acre NAP Parcel immediately upon transfer of funds. 4. Triumph Development shall fund a $5,000 annual matching grant for bighorn sheep awareness and habitat restoration initiative in partnership with the Town of Vail and/or other conservation organizations that shall last for the duration of the 10-Year Ground Lease. 5. Ground Lease to include cure rights for Town in the event of Triumph Development default. 6. The Town of Vail shall grant a construction easement to Triumph Development for the benefit of constructing the development on the Housing Parcel. 7. Triumph Development shall be entitled to a development fee. The amount of the fee shall not exceed the maximum fee allowed by CHFA under its qualified allocation plan adopted 12/13/2018 and approved 12/31/18. The fee may be paid from any project sources including, debt proceeds, equity proceeds and income from the development. 8. In addition to the 70% resident-occupied, deed-restricted GRFA that will be built under the requirements of the Housing Zone District, the Town of Vail shall acquire a resident-occupied deed-restriction on the 30% of the GRFA that could otherwise be free market units. 9. The Town of Vail shall maintain a First Right of Lease Option on all of the deed restrictions it acquires. 10. The order of leasing preference shall be: a. Town of Vail b. Persons employed 30 hours per week (average) or employers licensed to do business in the Town of Vail c. Persons employed 30 hours per week (average) within Eagle County d. Non-qualified persons limited to six-month lease (anticipated lender requirement/Lion’s Ridge Apartment example) 11. An Annual Ground Lease Payment of $15,000 per year shall begin upon issuance of the first certificate of occupancy for the development. This payment shall be credited to the $2.5M Purchase Price Obligation of the Housing Parcel. 12. The Town of Vail will use up to $1M of Vail InDeed funds appropriated and budgeted in 2019 to acquire resident-occupied, deed-restrictions. Any future contribution is subject to annual budget appropriations. 13. Triumph Development shall make an annual ownership payment to the Vail Local Housing Authority equal to its anticipated one-tenth of one percent (0.1%) ownership interest in the development entity. March 19, 2019 - Page 33 of 114 Town of Vail Page 3 March 19, 2019 - Page 34 of 114 East Vail ParcelDraft Term Sheet DiscussionHousing DepartmentGeorge Ruther, Housing DirectorTown of VailMarch 19, 2019March 19, 2019 - Page 35 of 114 Meeting ObjectivesTWO OBJECTIVES:1) Host a meeting to receive  public input on the draft terms 2) Provide direction to the Town Attorney/Town ManagerMarch 19, 2019 - Page 36 of 114 Parcel Map for  Context??EAST VAIL PARCEL MAPMarch 19, 2019 - Page 37 of 114 Adopted Housing Policy Statements#1 Housing IS Infrastructure– Deed‐restricted homes are critical infrastructure in Vail#2  Housing Partners –We use public/private partnerships to increase the supply of deed‐restricted homes#3  Private Sector Importance –We foster a proactive and solutions‐oriented environment that promotes private sector investment to create deed‐restricted homes#4  Leverage Financial Strength –We will use our financial strength and acumen to acquire deed‐restrictions#10  Funding is Policy –The Vail Town Council will fund housing opportunities and solutionsMarch 19, 2019 - Page 38 of 114 Housing District (H)Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the PEC:A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property,B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructedon the property, C. Dwelling units are only created in conjunction with employee housing, D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties.March 19, 2019 - Page 39 of 114 Summary of Draft Terms•Town of Vail purchases the entire +/- 23 acre East Vail Parcel from Triumph Development for $4M. •Triumph Development signs a 10-Year Ground Lease with an obligation to purchase the +/- 5.4 acre Housing Parcel from the Town of Vail for $2.5M. •On or before the end of Year 10, the Town of Vail recovers $2.5M.•Town of Vail acquires up to 45 resident-occupied deed-restrictions on 30% of the total GRFA of the development. •The Town of Vail retains ownership of the +/- 17.9 acre NAP Parcel.•Total net investment of $1.5M yielding at least 40 deed-restricted homes (30%) March 19, 2019 - Page 40 of 114 Plan Approval by the PECVail Resorts sells 23 acres to TriumphTriumph sells 23 acres to Town for $4M  (Housing Parcel & Open Space Parcel)  and signs 10‐year leaseTriumph develops  +/‐135 homesTown acquires deed restrictionsYear 10 –Triumph pays Town $2.5M for Housing ParcelInitial Investment$4MYear 10 Total NetInvestment$1.5MHousing Parcel Repayment$2.5MMarch 19, 2019 - Page 41 of 114 Action Requested of Vail Town CouncilQUESTION:   Is it in the best interest of the Town of Vail to acquire deed‐restrictions, on the 30% free‐market development potential to create a 100% deed‐restricted development on the East Vail Parcel, if approved? POSSIBLE OUTCOME DIRECTIVES:   “YES”–Direct the Town Manager and Town Attorney to prepare a pre‐developmentagreement containing terms agreeable to the Vail Town Council“NO“– Direct the Town Manager to inform Triumph Development of the Town’s desire to not participate in the acquisition of deed‐restrictionsMarch 19, 2019 - Page 42 of 114 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: A n appeal, pursuant to S ection 12-3-3, Appeals, Vail Town Code, of the final decision of the Town of Vail Design Review B oard on J anuary 16, 2019 approving a request for a minor building addition, exterior alteration and new outdoor dining patio, located at 100 East Meadow Drive Unit 15/L ot O, Block 5D, Vail Village F iling 1, and setting forth details in regards thereto. (T C19-0001) P RE S E NT E R(S ): J onathan S pence, Community Development Planner AC T IO N RE Q UE S T E D O F C O UNC I L: T he question to be answered by the Vail Town Council regarding this appeal is: Were the requirements of the Vail Town Code, specifically Title 14, Chapter 10, Design Review Standards and Guidelines properly applied in the decision approving a request for a minor building addition, exterior alteration and new outdoor dining patio, located at 100 E ast Meadow Drive Unit 15/L ot O, Block 5D, Vail Village F iling 1? Pursuant to S ection 12-3-3, A ppeals, Vail Town Code, the Vail Town Council shall uphold, uphold with modifications, or overturn the Design Review B oard’s J anuary 16, 2019, decision. B AC K G RO UND: The applicant originally proposed a more aggressive project that included the construction of an elevated patio, larger proposed commercial additions and an overall reduction in the quantity of landscaping. T his proposal under went a preliminary review where a number of concerns have been expressed by various Town departments and an outside urban design consultant engaged to review the proposal with respect to adopted plans, including the Vail Village Master Plan and the associated Vail Village Urban Design Guide P lan and Design Considerations. These concerns were largely focused on pedestrian safety resulting from the removal of any refuge for pedestrians resulting from the proximity of the improvements to bus travel way. T he loss of valuable, mature landscaping was also identified as a concern. S TAF F RE C O M M E ND AT IO N: Should the Vail Town Council choose to uphold the determination of the Town of Vail Design Review Board, the following statement is recommended: “T he Vail Town Council finds as follows: The Vail Town Code was properly applied in regard to the J anuary 19, 2019 Design Review B oard approval of D R B 17-0390. Furthermore, the project consisting of a minor building addition, exterior alteration and new outdoor dining patio, located at 100 E ast Meadow Drive Unit 15/L ot O, Block 5D, Vail Village F iling 1, is consistent with Title 14, Development Standards, of the Vail Town Code.” AT TAC H ME N TS: Description Staff Memorandum Attachment A. Approved plans set March 19, 2019 - Page 43 of 114 Attachment B. Appellant’s submittal including narrative and attachments. Attachment C. P E C minutes, October 8, 2018 Attachment D. Permission to proceed, March 6, 2018 (part 1) Attachment D. Permission to proceed, March 6, 2018 (part 2) March 19, 2019 - Page 44 of 114 3/19/2019 TO: Vail Town Council FROM: Community Development Department DATE: March 19, 2019 SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision of the Town of Vail Design Review Board on January 16, 2019 approving a request for a minor building addition, exterior alteration and new outdoor dining patio, located at 100 East Meadow Drive Unit 15/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regards thereto. (TC19- 0001) Appellant: Richard Liebhaber, et al Planner: Jonathan Spence I. SUBJECT PROPERTY The subject property is located at 100 East Meadow Drive, Unit #15, former site of the Masters Gallery. II. VAIL TOWN COUNCIL JURISDICTION Pursuant to Section 12-3-3C-1, Appeal of Design Review Board Decisions; Authority, Vail Town Code, the town council shall have the authority to hear and decide appeals from any decision, determination or interpretation by the design review board with respect to the provisions of Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Code. III. PROCEDURAL CRITERIA FOR APPEALS Pursuant to Sections 12-3-3C-2 and 12-3-3C-3, Appeal of Design Review Board Decisions; Initiation and Procedures, Vail Town Code, there are three basic procedural criteria for an appeal: A) Standing of the Appellants Pursuant to Section 12-3-3, Appeals, Vail Town Code, the appellant, Mr. Richard Liebhaber, et al, has standing as an aggrieved or adversely affected party to appeal the Design Review Board’s January 16, 2019, decision. (DRB17-0390) March 19, 2019 - Page 45 of 114 Town of Vail Page 3 3/19/2019 B) Adequacy of the Notice of the Appeal A copy of the Public Notice of the Vail Town Council, March 19, 2019, Public Hearing was sent to the local newspaper on February 27, 2019 and published on March 1, 2019, pursuant to Section 12-3-3C-3, Procedures, Vail Town Code. C) Timeliness of the Notice of Appeal The Administrative Section of the Town’s Zoning Code (12-3-3C-3, Procedures) requires appeals to be filed in twenty (20) days or less. On February 5, 2019, the appellant, Mr. Richard Liebhaber, et al, filed an appeal of the Design Review Board’s January 16, 2019 decision in accordance with Section 12-3-3, Appeals, Vail Town Code. IV. SUMMARY The question to be answered by the Vail Town Council regarding this appeal is: Were the requirements of the Vail Town Code, specifically Title 14, Chapter 10, Design Review Standards and Guidelines properly applied in the decision approving a request for a minor building addition, exterior alteration and new outdoor dining patio, located at 100 East Meadow Drive Unit 15/Lot O, Block 5D, Vail Village Filing 1? Pursuant to Section 12-3-3, Appeals, Vail Town Code, the Vail Town Council shall uphold, uphold with modifications, or overturn the Design Review Board’s January 16, 2019, decision. V. BACKGROUND The applicant originally proposed a more aggressive project that included the construction of an elevated patio, larger proposed commercial additions and an overall reduction in the quantity of landscaping. This proposal under went a preliminary review where a number of concerns have been expressed by various Town departments and an outside urban design consultant engaged to review the proposal with respect to adopted plans, including the Vail Village Master Plan and the associated Vail Village Urban Design Guide Plan and Design Considerations. These concerns were largely focused on pedestrian safety resulting from the removal of any refuge for pedestrians resulting from the proximity of the improvements to bus travel way. The loss of valuable, mature landscaping was also identified as a concern. Permission to Proceed This proposal, with the stated concerns, proceeded to the Vail Town Council on March 6, 2018 for a request to proceed through the development review process. This request was granted (5-2-0, Moffet and Bruno opposed) with clear direction that permanent private improvements on town property would not be acceptable and that pedestrian safety and landscaping must be adequately and appropriately addressed. A copy of this request, with attachments, has been included as Attachment D. March 19, 2019 - Page 46 of 114 Town of Vail Page 4 3/19/2019 Amendment to the Special Development District (SDD) On March 6, 2018, the Community Development Department forwarded to the Vail Daily the Public Notice for the March 26, 2018 Planning and Environmental Commission (PEC) meeting. This notice, published in the March 9, 2018 edition, classified this application as a Major Amendment to SDD #6, Vail Village Inn. Prior to the March 26, 2018 public hearing of the PEC, the applicant significantly reduced the scope of the project, resulting in the project being re-advertised and re- noticed as a Minor Amendment and rescheduled as a report to the PEC for the April 9, 2018 meeting. As the project continued to undergo further revisions and refinements, the report to the PEC on April 9, 2019 was postponed. On October 8, 2018 The Community Development Department provided a report to the PEC regarding an administrative action regarding the minor amendment to SDD #6, Vail Village Inn. Included with the report were letters of concern from the owners of residential units in the adjacent building. Because of these letters, PEC Chairman Brian Stockmar allowed public comment on this matter. Upon the conclusion of public comment, the PEC did not choose to call up the item, allowing the administrative action to stand. The results of this meeting were presented to the Town Council on October 16, 2018. Minutes from the October 8th meeting are included as Attachment C. Design Review Board On March 7, 2018 the Design Review Board (DRB) reviewed a conceptual application for the project. On January 16, 2019, the DRB, following a review of the application and public comment, approved the project unanimously (5-0) with one condition. Condition: The applicant shall demonstrate at the time of building permit application that the outdoor dining deck railing matches the color of the approved exterior fixture (coastal bronze). It should be noted that the applicant worked with Town Staff, including Town Engineer Tom Kassmel and Senior Landscape Architect Gregg Barrie on the coordination of the improvements within the Town right-of-way, working to increase pedestrian safety and improve the landscape treatment. Appeal The following specific items of concern were mentioned in the appeal: 1. An assertion that the DRB members did not adequately review the letters of concern and take these concerns into consideration. 2. A concern that the project is detrimental to pedestrian access and safety. March 19, 2019 - Page 47 of 114 Town of Vail Page 5 3/19/2019 3. An assertion that the approval process was flawed. 4. A concern that the scope and scale of the outdoor seating area will result in problems associated with noise, odor, tobacco smoke and an altered pedestrian traffic patterns. 5. An assertion that the approval will result in a denigration of the guest experience. VI. APPLICABLE DOCUMENTS The applicable planning documents are Vail Town Code, Title 14, Chapter 10, Design Review Standards of the Vail Town Code, as linked below. http://www.sterlingcodifiers.com/codebook/index.php?book_id=560&chapter_id=34648 VII. DISCUSSION ITEM Were the requirements of the Vail Town Code, specifically Title 14, Chapter 10, Design Review Standards and Guidelines, properly applied in the decision approving a request for a minor building addition, exterior alteration and new outdoor dining patio, located at 100 East Meadow Drive Unit 15/Lot O, Block 5D, Vail Village Filing 1? VIII. REQUIRED ACTION Pursuant to Section 12-3-3, Appeals, Vail Town Code, the Vail Town Council shall uphold, uphold with modifications, or overturn the Design Review Board’s January 16, 2019, decision. Should the Vail Town Council choose to uphold the determination of the Town of Vail Design Review Board, the following statement is recommended: “The Vail Town Council finds as follows: “The Vail Town Council finds as follows: The Vail Town Code was properly applied in regard to the January 19, 2019 Design Review Board approval of DRB17-0390. Furthermore, the project consisting of a minor building addition, exterior alteration and new outdoor dining patio, located at 100 East Meadow Drive Unit 15/Lot O, Block 5D, Vail Village Filing 1, is consistent with Title 14, Development Standards, of the Vail Town Code.” IX. ATTACHMENTS A. Approved plans set B. Appellant’s submittal including narrative and attachments. C. PEC minutes, October 8, 2018 D. Permission to proceed, March 6, 2018 March 19, 2019 - Page 48 of 114 LA TABERNA IBERICA RESTAURANT 100 EAST MEADOW DRIVE UNIT #15 VAIL COLORADO 81657LA TABERNA IBERICA RESTAURANT VAIL COLORADO 81657 100 EAST MEADOW DRIVE UNIT #15 LEGAL DESCRIPTION: PARCEL # 210108256015 M E M B E R O F A M E R I C A N I N S T I T U T E O F A R C H I T E C T S S T E V E N J A M E S R I D E N A R C H I T E C T steve@riden1.com 115 G STREET SALIDA, CO. 81201 970-389-0150 100 EAST MEADOW DRIVE UNIT #15 EAGLE COUNTY, COLORADO VAIL, COLORADO ZONING - SDD #6 LOT SIZE - 0.650 ACRES / 28,314 SQ. FT. UNIT 15 FLOOR AREA EXISTING MAIN LEVEL - 1917 SQ. FT. ADDITION TO MAIN LEVEL 135 SQ.FT . TOTAL: 2042 SQ.FT. SITE AND BUILDING ANALYSIS OWNER: ARCHITECT: STRUCTURAL ENGINEER: GATTOPARDO BIANCO, LLC 100 EAST MEADOW DRIVE SUITE 37 STEVEN JAMES RIDEN 6849 US HWY 50 HOWARD, CO 81233 KRM CONSULTANTS, INC. P.O. BOX 4572 VAIL, CO. 81657 970-389-0150 970-949-9691 AVON CO 81620 P.O. BOX 8610 RADER ENGINEERING, INCMECHANICAL ENGINEER: WILDER ENGINEERING LLCELECTRICAL ENGINEER: 1170 BLUE SAGE DRIVE VAIL, CO 81567 970-845-7910 STEAMBOAT SPEINGS, CO 80487 970-819-7848 3571 N.DIXIE HWY INOVATIVE CREATIONS INC. KATIA BATESINTERIOR DESIGN: FT. LAUDERDALE, FL. 33334 9454-565-4333 RESTAURANT SOURCE BARGREEN ELLINGSONEQUIPMENT SUPPLIER: 5005 WASHINGTON ST. DENVER, CO 80216 303-296-1684 ROCKY MOUNTAIN CONSTRUCTION GROUPGENERAL CONTRACTOR: 120 WILLOW BRIDGE RD. SUITE 7 VAIL, CO 81657 970-476-4458 ADOPTED CODES 2015 INTERNATIONAL BUILDING CODE 2015 INTERNATIONAL FIRE CODE 2015 INTERNATIONAL PLUMBING CODE 2015 INTERNATIONAL MECHANICAL CODE 2015 INTERNATIONAL FUEL GAS CODE 2015 INTERNATIONAL ENERGY CONSERVATION CODE 2015 INTERNATIONAL EXISTING BUILDING CODE 2014 NATIONAL ELECTRICAL CODE 2015 INTERNATIONAL BUILDING CODE 2015 INTERNATIONAL BUILDING CODE 2015 EAGLE COUNTY ENVIROMENTAL HEALTH DEPT. TABLE OF CONTENTS: G001 COVER PAGE AND GENERAL NOTES G002 EXISTING CONDOMINIUM MAP TS001 FIELD ELEVATIONS SD001 SITE DEVELOPMENT PLAN A001 EXISTING/PROPOSED SOUTH ELEVATION A002 EXISTING/PROPOSED WEST ELEVATION A003 EXISTING/PROPOSED NORTH ELEVATION A004 EXISTING/PROPOSED EAST ELEVATION March 19, 2019 - Page 49 of 114 LA TABERNA IBERICA RESTAURANTEAST MEADOW DRIVEOSAKI'S SUSHI BARGRAPPAFINE WINEAND SPIRITSVILLAGE INN PLAZARESIDENCES AT THE SEBASTIANENTRY TOUNIT 30SD001# REVISION DATE INITIALSTEVEN JAMES RIDENC COPYRIGHTDATE:DRAWN BY:PROCEEDINGSTEVEN JAMES RIDEN A.I.A.AND DESIGNS HEREIN, AS ANFIELD CONDITIONS TO VERIFYWORK ON THE DRAWINGS.THAT THOSE SHOWN REFLECTTO THE ARCHITECT BEFOREANY VARIATIONS OR DISCREPANCIESTHE CONTRACTOR SHALL REPORTSTEVEN JAMES RIDENTHE CONTRACTOR SHALL THOROUGHLYALL RIGHTS RESERVEDTHIS DOCUMENT, AND THE IDEASINSTRUMENT OF PROFESSIONALSERVICE, IS THE PROPERTY OFUSED IN WHOLE OR PART WITHOUTARCHITECT P.C., AND IS NOT TO BETHE WRITTEN AUTHORIZATION OFA.I.A. ARCHITECT P.C.INSPECT AND SURVEY EXISTINGISSUE:M E M B E R O F A M E R I C A N I N S T I T U T E O F A R C H I T E C T S VAIL COLORADO 100 EAST MEADOW DRIVE UNIT#10 & #15 S T E V E N J A M E S R I D E NJOB NUMBER:A R C H I T E C T steve@riden1.com 115 G STREET, SALIDA COLORADO 81201 970-389-0150March 19, 2019 - Page 50 of 114 A2# REVISION DATE INITIALSTEVEN JAMES RIDENC COPYRIGHTDATE:DRAWN BY:PROCEEDINGSTEVEN JAMES RIDEN A.I.A.AND DESIGNS HEREIN, AS ANFIELD CONDITIONS TO VERIFYWORK ON THE DRAWINGS.THAT THOSE SHOWN REFLECTTO THE ARCHITECT BEFOREANY VARIATIONS OR DISCREPANCIESTHE CONTRACTOR SHALL REPORTSTEVEN JAMES RIDENTHE CONTRACTOR SHALL THOROUGHLYALL RIGHTS RESERVEDTHIS DOCUMENT, AND THE IDEASINSTRUMENT OF PROFESSIONALSERVICE, IS THE PROPERTY OFUSED IN WHOLE OR PART WITHOUTARCHITECT P.C., AND IS NOT TO BETHE WRITTEN AUTHORIZATION OFA.I.A. ARCHITECT P.C.INSPECT AND SURVEY EXISTINGISSUE:M E M B E R O F A M E R I C A N I N S T I T U T E O F A R C H I T E C T S VAIL COLORADO 100 EAST MEADOW DRIVE UNIT#10 & #15 S T E V E N J A M E S R I D E NJOB NUMBER:TAPASRESTAURANTA2- SOUTHELEVATIONA R C H I T E C T steve@riden1.com 115 G STREET, SALIDA COLORADO 81201 970-389-0150March 19, 2019 - Page 51 of 114 A001# REVISION DATE INITIALSTEVEN JAMES RIDENC COPYRIGHTDATE:DRAWN BY:PROCEEDINGSTEVEN JAMES RIDEN A.I.A.AND DESIGNS HEREIN, AS ANFIELD CONDITIONS TO VERIFYWORK ON THE DRAWINGS.THAT THOSE SHOWN REFLECTTO THE ARCHITECT BEFOREANY VARIATIONS OR DISCREPANCIESTHE CONTRACTOR SHALL REPORTSTEVEN JAMES RIDENTHE CONTRACTOR SHALL THOROUGHLYALL RIGHTS RESERVEDTHIS DOCUMENT, AND THE IDEASINSTRUMENT OF PROFESSIONALSERVICE, IS THE PROPERTY OFUSED IN WHOLE OR PART WITHOUTARCHITECT P.C., AND IS NOT TO BETHE WRITTEN AUTHORIZATION OFA.I.A. ARCHITECT P.C.INSPECT AND SURVEY EXISTINGISSUE:M E M B E R O F A M E R I C A N I N S T I T U T E O F A R C H I T E C T S VAIL COLORADO 100 EAST MEADOW DRIVE UNIT#10 & #15 S T E V E N J A M E S R I D E NJOB NUMBER:TAPASRESTAURANTA001- EXISTING,PROPOSEDSOUTHELEVATIONSA R C H I T E C T steve@riden1.com 115 G STREET, SALIDA COLORADO 81201 970-389-0150March 19, 2019 - Page 52 of 114 A004 # REVISION DATE INITIAL STEVEN JAMES RIDEN C COPYRIGHT DATE: DRAWN BY: PROCEEDING STEVEN JAMES RIDEN A.I.A. AND DESIGNS HEREIN, AS AN FIELD CONDITIONS TO VERIFY WORK ON THE DRAWINGS. THAT THOSE SHOWN REFLECT TO THE ARCHITECT BEFORE ANY VARIATIONS OR DISCREPANCIES THE CONTRACTOR SHALL REPORT STEVEN JAMES RIDEN THE CONTRACTOR SHALL THOROUGHLY ALL RIGHTS RESERVED THIS DOCUMENT, AND THE IDEAS INSTRUMENT OF PROFESSIONAL SERVICE, IS THE PROPERTY OF USED IN WHOLE OR PART WITHOUT ARCHITECT P.C., AND IS NOT TO BE THE WRITTEN AUTHORIZATION OF A.I.A. ARCHITECT P.C. INSPECT AND SURVEY EXISTING ISSUE:M E M B E R O F A M E R I C A N I N S T I T U T E O F A R C H I T E C T SVAIL COLORADO100 EAST MEADOW DRIVE UNIT#10 & #15 S T E V E N J A M E S R I D E NJOB NUMBER: RESA R C H I T E C Tsteve@riden1.com115 G STREET, SALIDA COLORADO 81201 970-389-0150March 19, 2019 - Page 53 of 114 A002# REVISION DATE INITIALSTEVEN JAMES RIDENC COPYRIGHTDATE:DRAWN BY:PROCEEDINGSTEVEN JAMES RIDEN A.I.A.AND DESIGNS HEREIN, AS ANFIELD CONDITIONS TO VERIFYWORK ON THE DRAWINGS.THAT THOSE SHOWN REFLECTTO THE ARCHITECT BEFOREANY VARIATIONS OR DISCREPANCIESTHE CONTRACTOR SHALL REPORTSTEVEN JAMES RIDENTHE CONTRACTOR SHALL THOROUGHLYALL RIGHTS RESERVEDTHIS DOCUMENT, AND THE IDEASINSTRUMENT OF PROFESSIONALSERVICE, IS THE PROPERTY OFUSED IN WHOLE OR PART WITHOUTARCHITECT P.C., AND IS NOT TO BETHE WRITTEN AUTHORIZATION OFA.I.A. ARCHITECT P.C.INSPECT AND SURVEY EXISTINGISSUE:M E M B E R O F A M E R I C A N I N S T I T U T E O F A R C H I T E C T S VAIL COLORADO 100 EAST MEADOW DRIVE UNIT#10 & #15 S T E V E N J A M E S R I D E NJOB NUMBER:TAPASRESTAURANTA002- EXISTING,PROPOSEDWESTELEVATIONSA R C H I T E C T steve@riden1.com 115 G STREET, SALIDA COLORADO 81201 970-389-0150March 19, 2019 - Page 54 of 114 A003# REVISION DATE INITIALSTEVEN JAMES RIDENC COPYRIGHTDATE:DRAWN BY:PROCEEDINGSTEVEN JAMES RIDEN A.I.A.AND DESIGNS HEREIN, AS ANFIELD CONDITIONS TO VERIFYWORK ON THE DRAWINGS.THAT THOSE SHOWN REFLECTTO THE ARCHITECT BEFOREANY VARIATIONS OR DISCREPANCIESTHE CONTRACTOR SHALL REPORTSTEVEN JAMES RIDENTHE CONTRACTOR SHALL THOROUGHLYALL RIGHTS RESERVEDTHIS DOCUMENT, AND THE IDEASINSTRUMENT OF PROFESSIONALSERVICE, IS THE PROPERTY OFUSED IN WHOLE OR PART WITHOUTARCHITECT P.C., AND IS NOT TO BETHE WRITTEN AUTHORIZATION OFA.I.A. ARCHITECT P.C.INSPECT AND SURVEY EXISTINGISSUE:M E M B E R O F A M E R I C A N I N S T I T U T E O F A R C H I T E C T S VAIL COLORADO 100 EAST MEADOW DRIVE UNIT#10 & #15 S T E V E N J A M E S R I D E NJOB NUMBER:TAPASRESTAURANTA003- EXISTING,PROPOSEDNORTHELEVATIONSA R C H I T E C T steve@riden1.com 115 G STREET, SALIDA COLORADO 81201 970-389-0150March 19, 2019 - Page 55 of 114 04.02.2018 DRAWN BY SJR EAST MEADOW DRIVEVAIL, COLORADO115 G STREET, SALIDA, CO 81201 970.389.0150 A0.2 DESCRIPTION CONCEPT 11 LaTaberna IbericaMarch 19, 2019 - Page 56 of 114 04.02.2018 DRAWN BY SJR EAST MEADOW DRIVEVAIL, COLORADO115 G STREET, SALIDA, CO 81201 970.389.0150 A0.5 DESCRIPTION CONCEPT 11 LaTaberna IbericaMarch 19, 2019 - Page 57 of 114 04.02.2018 DRAWN BY SJR EAST MEADOW DRIVEVAIL, COLORADO115 G STREET, SALIDA, CO 81201 970.389.0150 A0.3 DESCRIPTION CONCEPT 11 LaTaberna IbericaMarch 19, 2019 - Page 58 of 114 04.02.2018 DRAWN BY SJR EAST MEADOW DRIVEVAIL, COLORADO115 G STREET, SALIDA, CO 81201 970.389.0150 A0.4 DESCRIPTION CONCEPT 11 LaTaberna IbericaMarch 19, 2019 - Page 59 of 114 February  5,  2019       VIA  ELECTRONIC  EMAIL     Mr.  Jonathan  Spence,  Planner   Town  of  Vail  Community  Development  Department   75  South  Frontage  Road,  West   Vail,  CO    81657     In  re:  Appeal  of  DRB17-­‐0390  Decision  to  Approve  Application     To  Whom  It  May  Concern,     This  appeal  originates  from  the  January  16,  2019  DRB  approval  regarding   application  DRB17-­‐0390  by  Gattopardo  Bianco  for  Unit  15  in  100  East  Meadow   Drive.    We  have  previously  brought  forward  our  objections  to  the  proposed  project   that  have,  unfortunately,  gone  unaddressed  by  either  the  PEC  or  the  DRB,  and  we   wish  to  now  appeal  the  decision  of  the  DRB  so  that  our  concerns  on  the  matter  are   heard.    Specifically,  we  have  five  arguments  for  appeal,  as  follows:     1.    Failure  to  review  comments  prior  to  vote.    As  was  admitted  on  camera  by  the   DRB,  members  of  the  committee  had  not  read  our  comments  prior  to  voting.    We   find  this  somewhat  incredulous,  as  the  comments  were  submitted  in  advance  of  the   meeting  scheduled  two  weeks  earlier  on  January  2.    Thus,  the  comments  were  in  the   possession  of  the  DRB  long  before  the  vote  on  the  16th.    We  believe  it  is  appropriate   for  committees  considering  matters  before  it  to  hear  and  weigh  issues  that  are   voiced.    We  have  been  advised  by  Jonathan  Spence,  the  planner,  that  several  of  our   concerns  are  “operational”  and  are,  therefore,  not  appropriate  to  be  considered  by   the  DRB  (or  PEC).    While  we  disagree,  no  discussion  of  those  issues  has  been   proposed.    We  believe  that  physical  alterations  to  buildings  can  have  significant   impacts  on  the  adjacent  properties  and  surrounding  community  and  should  be   carefully  reviewed  and  considered.     2.    Pedestrian  access  is  further  choked,  not  widened,  at  this  already  narrow   point.    It  was  our  understanding  that  the  application  before  the  DRB  was  limited  to   considering  whether  the  Town  would  lease/license  community  property  to  the   owner  of  Unit  15  in  order  to  construct  an  elevated,  outdoor  dining  deck  or  patio.     The  application  for  this  elevated  deck  proposed  would  appear  to  eliminate  as  much   as  16’  of  the  current  sidewalk  (some  of  which  is  GCE  of  Phase  I  and  other  portions   from  the  Town  of  Vail).    What  is  of  a  particular  safety  concern  is  the  fact  that  this   will  remove  pedestrian  access  from  an  already  narrow  stretch  of  East  Meadow   Drive.    Contradictorily,  staff’s  determination  is  that  it  will  widen  the  street  (by  3’).     Even  though  the  sidewalk  (from  6.5’  to  16’  )  is  lost.    It  makes  no  sense  to  remove   pedestrian  access  at  a  narrow  point  in  order  to  provide  elevated  patio  seating.    East   Meadow  Drive  is  already  canyon-­‐like  and  dangerous  in  this  and  other  stretches  (we   March 19, 2019 - Page 60 of 114 are  aware  of  2015  incident  in  which  an  adolescent  was  struck  by  a  Town  of  Vail  bus   in  a  similarly  narrow  location  along  East  Meadow  Drive).    We  reiterate  that  this   project  is  just  a  few  short  steps  from  the  Vail  Road  bus  stop  on  East  Meadow  Drive,   where  two  very  wide,  on-­‐coming  buses  frequently  meet.    And,  along  this  same   stretch  of  East  Meadow  Drive,  we  also  regularly  observe  delivery  trucks,  personal   vehicles  and  vendor  vehicles  going  through  with  pedestrians.    This  includes   distracted  people  talking  on  their  phones,  unattended  and  playing  children,   individuals  in  wheelchairs  and  on  crutches,  bicyclists,  skateboarders  and  other   personal  recreational  transportation  devices.    In  short,  this  is  a  very  busy  stretch   and  certainly  NOT  the  place  to  remove  sidewalk  access  for  pedestrian  relief.     3.    Fundamentally  flawed  process.    When  we  were  initially  made  aware  of  this   project,  it  was  by  the  Community  Development  department.    As  property  owners  in   an  adjacent  building,  we  were  advised  that  this  was  a  “major”  amendment  to  the   SDD  that  governs  the  Village  Inn  Plaza  Phase  I  &  II  building,  which  Unit  15  is  located   in.    As  a  result,  we  understood  that  there  would  be  public  hearings  and  that  we   would  be  able  to  make  our  comments  and  be  heard.    In  subsequent  discussions  with   staff,  we  then  learned  that  the  project  had  been  “parsed”  into  two  smaller   applications  with  one  before  the  PEC  and  the  other  before  the  DRB.    We  were  also   then  told  that  this  project  (with  the  same  scope  and  scale)  was  no  longer  a  “major”   amendment  and  now  classified,  rather,  as  a  “minor”  amendment.    As  such,  it  could   be  approved  by  staff  with  no  public  hearings  or  comments.    Putting  aside  the   question  of  how  and  why  this  took  place,  we  entirely  object  to  a  “process”  that  fails   to  take  into  account  (or  avoids  even  hearing)  comments  on  the  impact  a  proposed   project  may  have  on  adjacent  properties.         While  it  would  appear  that  the  Town  principally  concerns  itself  with  revenue   generation,  as  this  is  community  property,  it  makes  sense  to  consider  the  needs  and   sensitivities  of  the  community  in  which  it  is  being  proposed.    We  do  not  believe  that   was  done  in  this  instance.    We  are  a  part  of  the  community,  we  are  in  the  immediate   vicinity  and  we  will  be  required  to  bear  the  burden  of  the  impact  of  these   alterations.    Perhaps  more  so  than  anyone  else.    As  a  result,  it  is  our  interests  that   may  be  the  most  impaired.    So,  in  this  “process”,  who  has  looked  out  for  them?    Who   has  even  cared  to  inform  themselves  of  and  consider  them?    We  are  advised  that   neither  the  PEC  nor  the  DRB  need  to.    So,  it  is  up  to  us  to  advocate  for  our  own   interests.         4.    Scope  and  Scale.    From  what  we  can  see,  there  will  be  extensive  seating  placed   outside  (from  the  renderings  provided,  we  count  as  many  as  16  4-­‐tops…seating  for   64).    Perhaps  as  much  as,  or  more  than,  the  seating  available  inside.    This  will  create   a  new  dynamic  that  needs  to  be  studied,  reviewed  and  evaluated.    By  the  architect’s   own  admission,  their  design  was  “aggressive”.    So,  who  evaluates  it  to  determine  if   it’s  too  aggressive?    Was  anyone  in  the  adjacent  buildings  queried?     Noise,  odors  (cooking  &  smoke)  and  altered  pedestrian  traffic  patterns  all  need  to  be   understood  before  approvals  should  be  granted.    As  far  as  we  know,  there  have  been   March 19, 2019 - Page 61 of 114 no  such  studies  completed  or  submitted,  despite  our  repeated  requests.    Rather,  the   PEC  and  DRB  committees  have  concerned  themselves  with  details  such  as  colors   and  materials,  even  discussing  the  railing  type  (that  they  want  to  see  Unit  30,  the   unit  above,  which  has  no  pending  application  we  are  aware  of,  match  to  Unit  15’s)   instead  of  the  licensing  and  re-­‐tasking  of  valuable,  rare  sidewalk  space.     Further,  proposed  nano  doors  will  now  “open  up”  the  interior  of  the  operation  to   the  outside.    So  all  the  noise  that  would  now  be  contained  within  the  unit,  will  freely   come  outside.    While  that’s  potentially  problematic  enough,  where  will  smokers  go?     Where  will  their  smoke  odors  travel?    Where  will  cooking  odors  from  a  new  vent   shaft  to  be  located  on  the  Northwest  corner  of  the  property  go?    As  mentioned,  there   is  a  “canyon-­‐like”  environment  between  our  building  (Phase  V),  Phase  I,  the   Sebastian  and  the  Sonnenalp.    Also,  noise  will  bounce  against  our  buildings  and   echo.    What  plans  are  there  to  address  these  issues?    And,  might  there  be   UNidentified  issues  that  we  have  not  even  thought  of,  yet?     5.    Quality  of  guest  experience.    The  historical  success  of  Vail  has  been  based  on   one  thing:  the  experience  of  guests  coming  to  Vail  have  to  be  positive.    While  it’s   important  to  offer  options  for  dining  and  entertainment,  the  failure  to  balance  those   with  the  interests  of  other  guests  and  residential  concerns  is  potentially  harmful.     How  does  Vail  balance  those  interests?    And,  if  a  guest’s  quiet  enjoyment  were  to  be   interrupted  by  a  nearby,  loud  restaurant  or  late  night  bar,  they  would  be  justifiably   upset.     It  is  for  these  reasons,  that  we  appeal,  seek  redress  and  reconsideration  from  the   DRB’s  approval  on  January  16  of  Gattopardo  Bianco’s  application.    We  have  attached   our  previous  letters  for  your  review,  as  well.       Sincerely,       Richard  Liebhaber   Village  Inn  Plaza  Phase  V  –  Unit  11     John  Glenn   Village  Inn  Plaza  Phase  V  –  Unit  12     Konrad    Oberlohr   Village  Inn  Plaza  Phase  V  –  Unit  13     Karin  Wagner   Village  Inn  Plaza  Phase  V  –  Unit  14     ATTACHMENTS:  10042018  PEC  Letter        12312018  DRB  Letter     March 19, 2019 - Page 62 of 114   October  4,  2018       VIA  ELECTRONIC  MAIL     Mr.  Jonathan  Spence,  Planner   Town  of  Vail  Community  Development  Department   75  South  Frontage  Road  West   Vail,  CO    81657   Tel:  (970)  479-­‐2138   Email:    jspence@vailgov.com     In  re:    PEC18-­‐0011  Application  to  Amend  SDD6  @  100  E  Meadow  Drive   by  Gattopardo  Bianco         Dear  Mr.  Spence,       Thank  you  for  the  letter  sent  on  September  20  relating  to  the  above  referenced   matter.    Earlier  this  year,  on  April  4,  we  submitted  a  letter  to  you  regarding  this   proposed  project.    As  the  matter  has  again  come  before  the  Town’s  PEC  committee   for  review  and  approval,  we  wished  to  re-­‐affirm  our  prior  comments  and  submit   new  ones  to  you  and  the  Committee  for  consideration.         We  can  see  that  there  have  been  changes  made  to  the  current  proposal.    If  we  are   understanding  them  correctly,  we  feel  these  are,  on  net,  positive,  but  we  do  continue   to  have  concerns  that  we  wish  to  share.    While  we  would  suggest  that  a  main   entrance  might  be  better  located  on  the  Southeastern  corner  of  the  establishment,   the  elimination  of  an  on-­‐grade  main  entrance  at  the  West  side  of  the  property  is  an   improvement.     However,  we  still  have  serious  concerns  about  how  the  proposed  alterations  may   impact  the  surrounding  properties,  the  quiet  enjoyment  of  their  occupants  and,   potentially,  their  property  values.    We  are  aware  of  numerous  complaints  having   been  made  to  the  VPD  about  Barrio  Social’s  operations  earlier  this  year  relating  to   late  night  noise.    We  have  serious  concerns  that  that  this  nuisance  activity  will   continue  unabated.    We  also  observed,  on  numerous  occasions,  patrons  in  the  street   impeding  the  bus  path  on  East  Meadow  Drive  in  front  of  Barrio  Social,  which  was   unsafe.    And,  we  have  health  concerns  about  smoking  and  nuisance  cooking  odors   that  will  likely  emanate  from  patrons  and  the  kitchen  exhaust.     We  also  understand  that  the  Town  has  categorized  our  concerns  as  operational  and,   thus,  would  not  consider  them,  but  we  view  this  application  with  the  PEC,  the   application  pending  before  the  DRB  (relating  to  a  concurrently-­‐proposed  patio)  and   March 19, 2019 - Page 63 of 114 the  operations  as  one.    And,  when  viewed  in  total,  this  is  a  large  project,  with   significant  potential  to  create  disruptions  and  disturbances.    We,  therefore,  don’t   distinguish  between  the  violations  themselves  and  the  approvals  that  create  or   exacerbate  them.    To  do  so  is  the  equivalent  of  parsing  a  project  down  to  thousands   of  individual  applications  for  single  nails  or  screws  and  then  ignoring  the  bigger   picture.    We  would  think  a  broader  review  that  encompasses  the  entire  scope  of  the   project  to  be  a  more  sensible  approach.     Accordingly,  given  these  historical  violations,  potential  impacts  and  articulated   concerns,  we  again  request  that  this  project  be  considered  and  treated  as  a  major   amendment,  which  solicits  public  input,  further  discussion  and  careful  analysis  and   not  as  separate  applications  which  can  be  passed  without  regard  for  the  overall   result.    Further,  we  request  that  the  appropriate  parties  undertake,  produce  and   share  impact  studies  for  consideration  regarding  pedestrian  access,  crowding,  noise,   smoking  and  cooking  odors.     We  do  plan  on  appearing  at  the  October  8  hearing  and  hope  we  will  be  given  the   opportunity  to  voice  our  points  of  view.    Thank  you  for  your  consideration.         Sincerely,       Richard  Liebhaber   Village  Inn  Plaza  Phase  V  –  Unit  11     John  Glenn   Village  Inn  Plaza  Phase  V  –  Unit  12     Konrad  Oberlohr   Village  Inn  Plaza  Phase  V  –  Unit  13     Karin  Wagner   Village  Inn  Plaza  Phase  V  –  Unit  14   March 19, 2019 - Page 64 of 114   December  31,  2018       VIA  ELECTRONIC  MAIL       Mr.  Jonathan  Spence,  Planner   Town  of  Vail  Community  Development  Department   75  South  Frontage  Road  West   Vail,  CO    81657   Tel:  (970)  479-­‐2138   Email:    jspence@vailgov.com     In  re:    DRB17-­‐0390:  Gatto  Pardo  Bianco  at  100  East  Meadow  Drive     Dear  Mr.  Spence,       We  have  previously  submitted  comments  in  connection  with  the  PEC  meeting  to   amend  SDD6  on  behalf  of  this  applicant.    A  copy  of  those  has  been  attached  to   accompany  this  application  before  the  DRB.    We  also,  however,  wish  to  submit  our   continuing  concerns  to  the  DRB  as  it  considers  this  related  application.     Not  only  do  we  have  concerns  about  crowds,  noises  (both  external  AND  internal)   and  odors  that  will  result,  but  we  also  add  that  this  application  proposes  to  further   narrow  pedestrian  access  along  East  Meadow  Drive  in  an  already  narrow  and   congested  area.    As  a  result,  the  proposed  addition  would  unnecessarily  create   health  and  safety  concerns  for  adjacent  properties  and  pedestrians.     In  2018,  during  the  short  operation  of  a  “pop-­‐up”  bar,  we  observed  large  crowds  of   Unit  15  patrons  in  the  street  obstructing  the  bus  path  and  flow  of  traffic.    While  that   ought  to  be  troubling  enough,  we  also  observed  these  patrons  talking  and  yelling   loudly  and  disturbing  the  peace  and  quiet  enjoyment  of  the  surrounding  properties.     We  are  aware  that  on  several  occasions,  the  Vail  PD  was  called  to  the  property  to   address  these  complaints.     We  also  experienced  strong  smoke  odors  emanating  from  these  crowds.    You  may   be  aware  that  second-­‐hand  smoke  is  widely  considered  to  be  a  health  risk  and   contributing  factor  to  cancer  and  other  serious  health  ailments.    Therefore,  we   would  hope  the  Town  would  take  this  as  a  serious  threat  to  not  only  our  health  but   also  the  community’s.    And,  while  you  have  advised  us  that  because  you  view  these   as  “operational”  concerns,  and  thus  told  us  that  they  need  to  be  addressed  by  other   enforcement  mechanisms,  we  feel  that  any  physical  alterations  that  might   contribute  to  or  exacerbate  the  problem  should  be  avoided.    For  example,  we  believe   that  if  the  existing  sidewalk  is  turned  into  an  elevated  deck,  smokers  ,who  now  use   the  sidewalk  area,  will  migrate  around  to  the  open  area  between  our  buildings,   March 19, 2019 - Page 65 of 114 putting  our  health  at  risk.    This  will  create  a  nuisance  and  likely  also  de-­‐value  our   properties  as  a  result.    And,  while  we  understand  that  we  own  properties  in  a   mixed-­‐use  environment,  we  request  that  the  Town  and  the  respective  duly-­‐ authorized  committees  charged  with  reviewing  these  applications  very  carefully   consider  how  the  changes  proposed  by  this  applicant  will  unduly  impact  the   neighboring  properties  and  community.    For  example,  has  anyone  studied  how   cooking  odors  will  migrate  if  the  proposed  new  chimneys  are  added?     On-­‐street  pedestrian  safety  also  needs  to  be  raised  as  a  concern.    Although  the   proposed  new  planter  is  shown  to  be  moved  approximately  3’  back  from  the   roadside,  the  plans  nevertheless  result  in  a  net  loss  of  >3’  of  pedestrian  sidewalk  at   the  narrowest  point  and  eliminate  an  alternate  route  around  the  existing  planter.     This  re-­‐directs  pedestrians  even  closer  to  traffic,  which  we  believe  is  not  only   unnecessary  but  also  less  safe  and,  therefore,  unwise.    The  existing  configuration   provides  a  safer  passageway  for  pedestrians,  and  if  we  understand  the  plans   correctly,  at  the  Southeastern-­‐most  corner  of  the  structure,  the  alterations  will   eliminate  roughly  16.5’  of  sidewalk  space.    As  you  move  West  along  the  property,   the  existing  sidewalk  will  be  reduced  by  12.5’  at  the  Western  tip  of  the  existing   landscaped  island.    These  changes  significantly  “choke”  this  already  narrow   corridor.     Importantly,  the  proposed  alterations  are  located  immediately  to  the  east  of  the  Vail   Road  bus  stop.    In  this  area,  the  roadway  surface  varies  from  21.5’  to  22’  wide.     There  are  also  2’  gutters  lining  the  road  surface.    This  means  that  the  area  is  already   narrow,  and  whenever  buses  navigate  along  East  Meadow  Drive,  pedestrians  can   use  the  existing  safe  passageway  along  the  side  of  Unit  15,  which  would  be   eliminated  by  the  proposed  addition  of  a  patio.    Often,  two  oncoming  buses  meet  at   the  bus  stop  or  as  they  arrive  or  depart.    Given  their  width,  there’s  simply  no  room   to  be  on  the  roadway  surface.     It  is  not  only  Vail’s  bus  transportation  system  that  uses  this  section  of  East  Meadow   Drive,  however.    There  are  often  pedestrians  in  wheelchairs  or  on  crutches;   distracted  walkers,  texters  and  cellphone  users;  elderly  people  moving  slowly;   children  darting  out  into  the  road;  pets  doing  the  same;  and  bicyclists,   skateboarders,  segue-­‐riders  and  many  other  personal  transportation  devices   coming  through  this  stretch  of  East  Meadow  Drive.         On  top  of  this,  delivery  vehicles  are  frequently  driven  through  this  stretch  (and   observed  regularly  parking  illegally  in  order  to  make  deliveries),  private  vehicles  go   to  and  from  the  Talisman,  contractor  and  other  vehicles  servicing  businesses,  and   lost  or  confused  drivers  sometimes  improperly  turning  onto  East  Meadow  Drive.     And,  close  proximity  to  moving  vehicles  is  dangerous.    We  are  aware  of  the  2013   incident  in  which  a  child  on  a  sidewalk  was  severely  injured  by  a  bus  on  East   Meadow  Drive  in  an  equally  narrow  location.    That  should  alone  be  adequate  to   serve  as  a  caution  to  not  remove  sidewalk  area  from  an  already-­‐narrow  location  at   March 19, 2019 - Page 66 of 114 such  a  busy,  congested  stretch  of  East  Meadow  Drive.    Narrowing  it  further  only   presses  more  pedestrians  and  vehicles  closer  together,  heightening  the  potential  for   more  incidents  and  injuries.     We  have  made  the  point  that  this  project  ought  to  be  considered  a  major   amendment  to  the  SDD,  and  we  re-­‐assert  that  belief  and  urge  a  process  that  involves   notice  and  a  public  hearing.    While  the  original  application  was  split  into  two   smaller  applications  that  went,  separately,  to  the  PEC  and  the  DRB,  we  still  believe   that  this  should  be  viewed  as  a  single  project.    Accordingly,  again,  given  the  scale,   scope  and  potentially  damaging  impact  the  overall  project  has,  we  respectfully   request  that  the  DRB  deny  or  withhold  approval  of  the  proposed  addition  until  after   first  seeking  public  comment  and  carefully  considering  the  impact  on  health  and   safety  of  the  neighboring  properties  and  pedestrian  traffic.     Please  provide  a  copy  of  this  letter  and  the  attachment  to  the  DRB  board  at  your   earliest  convenience.    We  hope  that  we  will  be  given  the  opportunity  to  voice  our   points  of  view  at  the  January  2  hearing.    Thank  you  for  your  consideration.         Sincerely,       Richard  Liebhaber   Village  Inn  Plaza  Phase  V  –  Unit  11     John  Glenn   Village  Inn  Plaza  Phase  V  –  Unit  12     Konrad  Oberlohr   Village  Inn  Plaza  Phase  V  –  Unit  13     Karin  Wagner   Village  Inn  Plaza  Phase  V  –  Unit  14     March 19, 2019 - Page 67 of 114 P L ANNI NG AND E NV I RO NM E NTAL C O M M I S S I O N October 8, 2018, 1:00 P M Town Council C hambers 75 S. F rontage Road - Vail, Colorado, 81657 1.Call to Order Present: Brian Gillette, Rollie Kjesbo, Karen Perez and Brian Stockmar Absent: Ludwig Kurz, Pam Hopkins and J ohn Ryan Lockman 2.Main Agenda 2.1.Report to the Planning and Environmental Commission of an administrative action regarding a request for a minor amendment to Special Development District (S D D) No. 6, Vail Village I nn, Phases I and I I , pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for modifications to the approved development plan in order to permit three (3) building additions totaling 149 square feet to commercial Unit 15 to accommodate increased restaurant seating and a new public entrance, located at 100 East Meadow Drive Unit 15/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (P E C18-0011) (I t should be noted that Public Notice was previously provided for this application in March 2018 but the project is being re-noticed due to the lapse in time.) The Town of Vail has received several letters of concern from owners of residential units in an adjacent building (Phase V located at the corner of Meadow Drive and Vail Road). These letters have been included in the packet. 10 min. Applicant:Gatto Pardo Bianco LLC, represented by Steven J ames Riden A I A Architect Planner:J onathan Spence Chair Stockmar asked for commissioner consent to allow public comment on this administrative action. All commissioners agreed. There is no action for the P E C to take but they do have the option to call up the file at a later date to be heard. Planner Spence introduced the project and what this stage of the development proposal entails. Perez asked when this was heard previously. Spence said that it had not been heard because the HOA rescinded their approval and has been working out details with the applicant since then. Stockmar clarified that the letters of concern that we have received have come from neighbors to the west. Spence confirmed and explained that there are multiple HOAs on the property. Gillette asked about the comments regarding 12-9A-4 regarding the major versus minor amendment to an S D D. Spence provided clarification for why this application was determined to be a minor amendment. March 19, 2019 - Page 68 of 114 Stockmar opened public comment. Richard Liebhaber, director, officer and owner at Vail Village I nn Phase V. Believes the noise will increase and bounce back to the residential units due to the design and “canyon-esque” design of East Meadow Drive, both from the exterior activity as well as noise from within the building. This project combined with the proposed outdoor patio, he believes, is a major amendment. Stockmar asked for commissioner comment. Perez identified the definition of Minor Amendment and spoke to its description. Perez believes that this does impact pedestrian and vehicular circulation. Spence clarified that this application is only related to the additional square footage and that the pedestrian circulation changes do not occur on the property. Steve Riden, architect, asked to clarify a few items. He stated that the entrance will not be changed – the entry door will remain in the same place it is currently located. The proposed additions are beneath areas that are currently cantilevered. Gillette asked about the area shown as an addition at the entryway and if it is truly an addition. Spence explained it is floor area but not currently finished space. Gillette feels that the space behind the existing planter is not currently used as a pedestrian way. Spence agreed and said that the Town public works department has participated in some potential redesign of the right of way at that location but that is not part of this application. Stockmar thinks this is almost entirely an issue for D RB and code enforcement and that the P E C has very little input. He understands the greater question of the proposed patio but that is not for P E C review. He would like to revisit this later if needed but at this time sees no reason to call up this item. Perez asked if the P E C has no oversight regarding public uses in town right of way. Spence said there is none. Perez thinks that is a gap in our code. Spence explained that as the property owner, the town and staff reviews the application. Stockmar asked if any commissioners felt that this item should be called up at a later date. Perez asked for an explanation of an item being “called up.” Spence explained that the P E C could request to hear this item at a later date as a regular item, rather than as an administrative report. Stockmar reiterated that anything beyond the proposed additions is not under the purview of the P E C and to act on anything would be premature. W ith no motion on the table, and no motion required, Stockmar closed the file. 2.2.A request for review of Major Exterior Alteration, pursuant to Section 12-7H- 7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and 5 min. March 19, 2019 - Page 69 of 114 setting forth details in regard thereto. (P E C18-0034) The applicant has requested that this item be tabled to the October 22, 2018 regularly scheduled meeting of Planning and Environmental Commission. Applicant:Lazier Lionshead L L C, represented by Braun Associates I nc. Planner:J onathan Spence Rollie Kjesbo moved to table to October 22, 2018. Karen Perez seconded the motion and it passed (4-0). Absent:(3)Hopkins, Kurz, Lockman 2.3.A request for the review a variance from Section 12-7H-10, Setbacks, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a side setback of zero feet (0’) where ten feet (10’) is required for a new multifamily structure, located at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (P E C18-0036) The applicant has requested that this item be tabled to the October 22, 2018 regularly scheduled meeting of Planning and Environmental Commission. 5 min. Applicant:Lazier Lionshead L L C, represented by Braun Associates, I nc. Planner:J onathan Spence Karen Perez moved to table to October 22, 2018. Rollie Kjesbo seconded the motion and it passed (4-0). Absent:(3)Hopkins, Kurz, Lockman 2.4.A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-13-4, Requirements by Employee Housing Unit (E HU) Type, Vail Town Code, to allow for an increase in the maximum size of a Type I I I Employee Housing Unit. (P E C18-0031) The applicant has requested that this item be tabled to the November 12, 2018 regularly scheduled meeting of Planning and Environmental Commission. 5 min. Applicant:Mauriello Planning Group Planner:Chris Neubecker Brian Gillette moved to table to November 12, 2018. Rollie Kjesbo seconded the motion and it passed (4-0). Absent:(3)Hopkins, Kurz, Lockman 3.Approval of Minutes 3.1.September 24, 2018 P E C Results Rollie Kjesbo moved to table to October 22, 2018. Karen Perez seconded the motion and it passed (4-0). Absent:(3)Hopkins, Kurz, Lockman March 19, 2019 - Page 70 of 114 4.Adjournment Rollie Kjesbo moved to adjourn. Karen Perez seconded the motion and it passed (4-0). Absent:(3)Hopkins, Kurz, Lockman The applications and information about the proposals are available for public inspec tion during regular offic e hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site vis its that prec ede the public hearing in the Tow n of Vail Community Development Department. Times and order of items are approximate, subject to c hange, and c annot be relied upon to determine at w hat time the Planning and Environmental Commission w ill c onsider an item. Please c all (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department March 19, 2019 - Page 71 of 114 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Permission to Proceed through the Development P rocess - L a Taberna I berica Restaurant P RE S E NT E R(S ): J onathan S pence, Senior P lanner AC T IO N RE Q UE S T E D O F C O UNC I L: Gatto Pardo B ianco L L C, the owner of the Unit #15, 100 Meadow Drive, requests permission to proceed through the Development and Design Review process for an A mendment to S pecial Development District No. 6, Vail Village I nn, for improvements that include an outdoor dining patio and associated improvements that occur within the Town of Vail Right-of-Way. B AC K G RO UND: The subject property, located at 100 Meadow Drive, Unit 15, was constructed in 1976 and was most recently occupied by the former Master’s Gallery. I t is the applicant’s intention to repurpose the space for an eating and drinking establishment. S TAF F RE C O M M E ND AT IO N: T he Community Development Department requests that the Town Council evaluate the proposal to utilize Town of Vail property for the purposes of outdoor dining and private landscaping. T his utilization of Town of Vail property would be subject to the terms of a license agreement and could be discontinued and removed if required to do so. AT TAC H ME N TS: Description Staff Memorandum A. Applicant’s narrative, 02-28-2018 B. Vicinity Map C. Proposed plans, 02-14-2018 D. Site Photos E. Streetscape Improvement Plan, East Meadow Drive-Vail Road to Willow Bridge Road, Town of Vail Streetscape Master Plan, 11-20-1991 F. Winston L LC Design Review Memorandum, 02-26-2018 March 6, 2018 - Page 95 of 163March 19, 2019 - Page 72 of 114 TO: Vail Town Council FROM: Community Development Department DATE: March 6, 2018 SUBJECT: Outdoor Dining Deck and Associated Improvements, La Taberna Iberica, 100 Meadow Drive, Unit #15, Permission to Proceed I. DESCRIPTION OF REQUEST Gatto Pardo Bianco LLC, the owner of the Unit #15, 100 Meadow Drive, requests permission to proceed through the Development and Design Review process for an Amendment to Special Development District No. 6, Vail Village Inn, for improvements that include an outdoor dining patio and associated improvements that occur within the Town of Vail Right-of-Way. The applicant requests permission to proceed through the Development and Design Review Board processes and, if approved, enter into a lease agreement with the Town of Vail for the improvements. It should be noted that the Vail Town Council is not being asked to approve the improvements, their location or design, but rather to authorize the applicant to move forward with a planning application that utilizes town owned property for commercial uses. If granted permission to proceed, the application would be subject to the following steps in the Development and Design Review Process (approximate dates are given for reference purposes only): • Conceptual Review before the Design Review Board (DRB) (March 7, 2018) • Public Hearing before the Planning and Environmental Commission (PEC) (March 26, 2018) • 2nd Public Hearing before the PEC, if necessary (April 9, 2018) • First Reading before the Town Council (April 3, 2018 or April 17, 2018) • Second Reading before the Town Council (April 17, 2018 or May 1, 2018) • Formal Review by the DRB (April 18, 2018 or May 2, 2018) II. BACKGROUND/PROPOSAL The Vail Village Inn Special Development District was formed in 1976 and consists of five phases developed over time. Phases within the SDD include the Sebastian Hotel March 6, 2018 - Page 96 of 163March 19, 2019 - Page 73 of 114 and Residences (Phase 4), Village Inn Plaza (La Botega) (Phase 5), Vail Village Plaza Condos (subject property and adjacent structure to the north, (Phase 1 and 2) and the Village Inn Plaza (residential building on south frontage road and Annie’s/A Secret Garden) (Phase 3). The subject property, located at 100 Meadow Drive, Unit 15, was constructed in 1976 and was most recently occupied by the former Master’s Gallery. It is the applicant’s intention to repurpose the space for an eating and drinking establishment. Components of the project include the following: • 225 square foot building addition (restaurant seating) along the south façade • 45 square foot building addition (ADA compliant building entry) along the west façade • 140 square foot outdoor dining patio on private property • 575 square foot outdoor dining patio on Town of Vail property • 130 square feet of new landscape planter on Town of Vail property • Removal of the existing 280 square foot planter with mature vegetation on Town of Vail property • New Awnings Identified Concerns Although the project has not undergone a complete review at this time, a number of concerns have been expressed by various Town departments and an outside urban design consultant engaged to review the proposal with respect to adopted plans, including the Vail Village Master Plan and the associated Vail Village Urban Design Guide Plan and Design Considerations. Town Engineer Tom Kassmel, Chief Building Official Christopher Jarecki and Community Development Planning Staff share public safety concerns related to the proximity of the proposed outdoor seating and associated landscape planters/walls to the bus travel way coupled with the loss of the existing vegetative landscape buffer. The Town of Vail Streetscape Master Plan identifies a preferred streetscape plan whose primary design intent is to provide pedestrians with a safe zone that can easily be reached when bus traffic is moving through. This safe zone is identified as pedestrian path to the north of and outside of the bus travel lane. The proposed improvements effectively cut off this established pedestrian path. Although it may be reasoned that the proposal is similar to the constructed outdoor patio at the Alpenrose Restaurant and Patisserie located to the east, this patio was constructed prior to the adoption of the Streetscape Master Plan in 1991 and does provide greater opportunities for pedestrians to move out of the bus travel way than the subject proposal. Town of Vail Page 2 March 6, 2018 - Page 97 of 163March 19, 2019 - Page 74 of 114 Jeffery Winston of Winston LLC has served for over 30 years as an Urban Design Consultant for the Town of Vail. Mr. Winston has been instrumental in the formation of the Vail Village Master Plan and the associated Vail Village Urban Design Guide Plan and Design Considerations. Most recently, Mr. Winston has assisted the Town with development review for projects including the Gorsuch Building, the Wall Street Building and revisions to the Campo de Fiori restaurant. In his preliminary analysis, included as Attachment F. Mr. Winston echoes pedestrian safety concerns expressed by Town staff related to the proximity of the improvements to the bus travel way and the loss of valuable landscape area. Mr. Winston makes a number of suggestions that would result in the project being more consistent with adopted Town plans. Please refer to the applicant’s narrative (Attachment A), vicinity map (Attachment B), proposed plans (Attachment C), site photos (Attachment D), Streetscape Improvement Plan, East Meadow Drive-Vail Road to Willow Bridge Road, Town of Vail Streetscape Master Plan, (Attachment E), and Winston LLC Design Review Memorandum, 02-26- 2018 (Attachment F). Staff would encourage individual members of the Town Council to visit the site prior to the March 6, 2018 meeting. III. ACTION REQUESTED The Community Development Department requests that the Town Council evaluate the proposal to utilize Town of Vail property for the purposes of outdoor dining and private landscaping. This utilization of Town of Vail property would be subject to the terms of a license agreement and could be discontinued and removed if required to do so. The Community Development Department offers the following options for the Vail Town Council to consider: • Instruct staff to sign the development application on behalf of the property owner and permit the project to proceed through the development review process for the proposed improvements. Or • Instruct staff to sign the development application on behalf of the property owner and permit the project to proceed through the development review process for the proposed improvements with the explicit understanding that the current proposal is unacceptable due to identified pedestrian safety concerns. Or Town of Vail Page 3 March 6, 2018 - Page 98 of 163March 19, 2019 - Page 75 of 114 • Advise the applicant to amend the proposal taking into account the identified pedestrian safety concerns and return to the Town Council with a revised request to proceed. OR • Deny the requested use of town property for an outdoor dining patio and associated improvements as proposed. IV. ATTACHMENTS A. Applicant’s narrative, 02-28-2018 B. Vicinity Map C. Proposed plans, 02-14-2018 D. Site photos E. Streetscape Improvement Plan, East Meadow Drive-Vail Road to Willow Bridge Road, Town of Vail Streetscape Master Plan, 11-20-1991 F. Winston LLC Design Review Memorandum, 02-26-2018 Town of Vail Page 4 March 6, 2018 - Page 99 of 163March 19, 2019 - Page 76 of 114 Steven James Riden A.I.A. Architect P.C. 115 G Street Salida, Colorado 970-389-0150 mobile steve@riden1.com February 28, 2018 Mr. Jonathan Spence Senior Planner Town of Vail Community Development Department 75South Frontage Road Vail, CO 81657 Re: Permission to Proceed Improvement Encroach Encroachment Vail Village Inn Phase 1&2 100 E. Meadow Drive unit 15 Vail, CO 81657 Dear Jonathan, The proposed modification to Unit 15 of the Vail Village Inn Phase 1 includes a patio on both private land and public right of way. The amount of patio and associated landscape planters to be constructed upon the Town of Vail’s right of way is 750 s.f. Attached are the documents associated with the proposal. The legend indicates the areas of the proposal. Thank you. Regards, Steven James Riden AIA Architect March 6, 2018 - Page 100 of 163March 19, 2019 - Page 77 of 114 VAIL RDE M E A D O W D R I Subject Property 0 50 10025Feet V a i l V i l l a g e P l a z a C o n d o s - L a T a b e r n a I b e r i c a R e s t a u r a n tVail V i l l a g e P l a z a C o n d o s - L a T a b e r n a I b e r i c a R e s t a u r a n t 1 0 0 E M e a d o w D r , U n i t 1 5100 E M e a d o w D r , U n i t 1 5Vail V i l l a g e F i l i n g 1 , B l o c k 5 D , L o t OVail V i l l a g e F i l i n g 1 , B l o c k 5 D , L o t O This ma p w as created by the Town of Vail Co mmu nity Development Departme nt. Use of this ma p shou ld be for g eneral p urp oses o nly.The Town of Vail does no t warran t the accura cy of the informa tion co nta in ed herein.(whe re sh own, pa rcel line work is ap pro xima te ) Last Modified: February 27, 2018March 6, 2018 - Page 101 of 163March 19, 2019 - Page 78 of 114 LA TABERNA IBERICA RESTAURANT 100 EAST MEADOW DRIVE UNIT #15 VAIL COLORADO 81657LA TABERNA IBERICA RESTAURANT VAIL COLORADO 81657 100 EAST MEADOW DRIVE UNIT #15 LEGAL DESCRIPTION: PARCEL # 210108256015 M E M B E R O F A M E R I C A N I N S T I T U T E O F A R C H I T E C T S S T E V E N J A M E S R I D E N A R C H I T E C T steve@riden1.com 115 G STREET SALIDA, CO. 81201 970-389-0150 100 EAST MEADOW DRIVE UNIT #15 EAGLE COUNTY, COLORADO VAIL, COLORADO ZONING - SDD #6 LOT SIZE - 0.650 ACRES / 28,314 SQ. FT. UNIT 15 FLOOR AREA EXISTING MAIN LEVEL - 1907.14 SQ. FT. ADDITION TO MAIN LEVEL 340 SQ.FT . TOTAL: 2447.14 SQ.FT. SITE AND BUILDING ANALYSIS OWNER: ARCHITECT: STRUCTURAL ENGINEER: GATTOPARDO BIANCO, LLC 100 EAST MEADOW DRIVE SUITE 37 STEVEN JAMES RIDEN 6849 US HWY 50 HOWARD, CO 81233 KRM CONSULTANTS, INC. P.O. BOX 4572 VAIL, CO. 81657 970-389-0150 970-949-9691 AVON CO 81620 P.O. BOX 8610 RADER ENGINEERING, INCMECHANICAL ENGINEER: WILDER ENGINEERING LLCELECTRICAL ENGINEER: 1170 BLUE SAGE DRIVE VAIL, CO 81567 970-845-7910 STEAMBOAT SPEINGS, CO 80487 970-819-7848 3571 N.DIXIE HWY INOVATIVE CREATIONS INC. KATIA BATESINTERIOR DESIGN: FT. LAUDERDALE, FL. 33334 9454-565-4333 RESTAURANT SOURCE BARGREEN ELLINGSONEQUIPMENT SUPPLIER: 5005 WASHINGTON ST. DENVER, CO 80216 303-296-1684 ROCKY MOUNTAIN CONSTRUCTION GROUPGENERAL CONTRACTOR: 120 WILLOW BRIDGE RD. SUITE 7 VAIL, CO 81657 970-476-4458 ADOPTED CODES 2015 INTERNATIONAL BUILDING CODE 2015 INTERNATIONAL FIRE CODE 2015 INTERNATIONAL PLUMBING CODE 2015 INTERNATIONAL MECHANICAL CODE 2015 INTERNATIONAL FUEL GAS CODE 2015 INTERNATIONAL ENERGY CONSERVATION CODE 2015 INTERNATIONAL EXISTING BUILDING CODE 2014 NATIONAL ELECTRICAL CODE 2015 INTERNATIONAL BUILDING CODE 2015 INTERNATIONAL BUILDING CODE 2015 EAGLE COUNTY ENVIROMENTAL HEALTH DEPT. TABLE OF CONTENTS: G001 COVER PAGE AND GENERAL NOTES G002 EXISTING CONDOMINIUM MAP TS001 FIELD ELEVATIONS SD001 SITE DEVELOPMENT PLAN A001 EXISTING/PROPOSED SOUTH ELEVATION A002 EXISTING/PROPOSED WEST ELEVATION A003 EXISTING/PROPOSED NORTH ELEVATION A004 EXISTING/PROPOSED EAST ELEVATION March 6, 2018 - Page 102 of 163March 19, 2019 - Page 79 of 114 March 6, 2018 - Page 103 of 163March 19, 2019 - Page 80 of 114 March 6, 2018 - Page 104 of 163March 19, 2019 - Page 81 of 114 LA TABERNA IBERICA RESTAURANTEAST MEADOW DRIVEOSAKI'S SUSHI BARGRAPPAFINE WINEAND SPIRITSVILLAGE INN PLAZARESIDENCES AT THE SEBASTIANENTRY TOUNIT 30SD1# REVISION DATE INITIALSTEVEN JAMES RIDENC COPYRIGHTDATE:DRAWN BY:PROCEEDINGSTEVEN JAMES RIDEN A.I.A.AND DESIGNS HEREIN, AS ANFIELD CONDITIONS TO VERIFYWORK ON THE DRAWINGS.THAT THOSE SHOWN REFLECTTO THE ARCHITECT BEFOREANY VARIATIONS OR DISCREPANCIESTHE CONTRACTOR SHALL REPORTSTEVEN JAMES RIDENTHE CONTRACTOR SHALL THOROUGHLYALL RIGHTS RESERVEDTHIS DOCUMENT, AND THE IDEASINSTRUMENT OF PROFESSIONALSERVICE, IS THE PROPERTY OFUSED IN WHOLE OR PART WITHOUTARCHITECT P.C., AND IS NOT TO BETHE WRITTEN AUTHORIZATION OFA.I.A. ARCHITECT P.C.INSPECT AND SURVEY EXISTINGISSUE:M E M B E R O F A M E R I C A N I N S T I T U T E O F A R C H I T E C T S VAIL COLORADO 100 EAST MEADOW DRIVE UNIT#10 & #15 S T E V E N J A M E S R I D E NJOB NUMBER:A R C H I T E C T steve@riden1.com 115 G STREET, SALIDA COLORADO 81201 970-389-0150March 6, 2018 - Page 105 of 163March 19, 2019 - Page 82 of 114 A1# REVISION DATE INITIALSTEVEN JAMES RIDENC COPYRIGHTDATE:DRAWN BY:PROCEEDINGSTEVEN JAMES RIDEN A.I.A.AND DESIGNS HEREIN, AS ANFIELD CONDITIONS TO VERIFYWORK ON THE DRAWINGS.THAT THOSE SHOWN REFLECTTO THE ARCHITECT BEFOREANY VARIATIONS OR DISCREPANCIESTHE CONTRACTOR SHALL REPORTSTEVEN JAMES RIDENTHE CONTRACTOR SHALL THOROUGHLYALL RIGHTS RESERVEDTHIS DOCUMENT, AND THE IDEASINSTRUMENT OF PROFESSIONALSERVICE, IS THE PROPERTY OFUSED IN WHOLE OR PART WITHOUTARCHITECT P.C., AND IS NOT TO BETHE WRITTEN AUTHORIZATION OFA.I.A. ARCHITECT P.C.INSPECT AND SURVEY EXISTINGISSUE:M E M B E R O F A M E R I C A N I N S T I T U T E O F A R C H I T E C T S VAIL COLORADO 100 EAST MEADOW DRIVE UNIT#10 & #15 S T E V E N J A M E S R I D E NJOB NUMBER:TAPASRESTAURANTA1- EXISTING,PROPOSEDSOUTHELEVATIONSA R C H I T E C T steve@riden1.com 115 G STREET, SALIDA COLORADO 81201 970-389-0150March 6, 2018 - Page 106 of 163March 19, 2019 - Page 83 of 114 A2# REVISION DATE INITIALSTEVEN JAMES RIDENC COPYRIGHTDATE:DRAWN BY:PROCEEDINGSTEVEN JAMES RIDEN A.I.A.AND DESIGNS HEREIN, AS ANFIELD CONDITIONS TO VERIFYWORK ON THE DRAWINGS.THAT THOSE SHOWN REFLECTTO THE ARCHITECT BEFOREANY VARIATIONS OR DISCREPANCIESTHE CONTRACTOR SHALL REPORTSTEVEN JAMES RIDENTHE CONTRACTOR SHALL THOROUGHLYALL RIGHTS RESERVEDTHIS DOCUMENT, AND THE IDEASINSTRUMENT OF PROFESSIONALSERVICE, IS THE PROPERTY OFUSED IN WHOLE OR PART WITHOUTARCHITECT P.C., AND IS NOT TO BETHE WRITTEN AUTHORIZATION OFA.I.A. ARCHITECT P.C.INSPECT AND SURVEY EXISTINGISSUE:M E M B E R O F A M E R I C A N I N S T I T U T E O F A R C H I T E C T S VAIL COLORADO 100 EAST MEADOW DRIVE UNIT#10 & #15 S T E V E N J A M E S R I D E NJOB NUMBER:TAPASRESTAURANTA2- EXISTING,PROPOSEDWESTELEVATIONSA R C H I T E C T steve@riden1.com 115 G STREET, SALIDA COLORADO 81201 970-389-0150March 6, 2018 - Page 107 of 163March 19, 2019 - Page 84 of 114 A3# REVISION DATE INITIALSTEVEN JAMES RIDENC COPYRIGHTDATE:DRAWN BY:PROCEEDINGSTEVEN JAMES RIDEN A.I.A.AND DESIGNS HEREIN, AS ANFIELD CONDITIONS TO VERIFYWORK ON THE DRAWINGS.THAT THOSE SHOWN REFLECTTO THE ARCHITECT BEFOREANY VARIATIONS OR DISCREPANCIESTHE CONTRACTOR SHALL REPORTSTEVEN JAMES RIDENTHE CONTRACTOR SHALL THOROUGHLYALL RIGHTS RESERVEDTHIS DOCUMENT, AND THE IDEASINSTRUMENT OF PROFESSIONALSERVICE, IS THE PROPERTY OFUSED IN WHOLE OR PART WITHOUTARCHITECT P.C., AND IS NOT TO BETHE WRITTEN AUTHORIZATION OFA.I.A. ARCHITECT P.C.INSPECT AND SURVEY EXISTINGISSUE:M E M B E R O F A M E R I C A N I N S T I T U T E O F A R C H I T E C T S VAIL COLORADO 100 EAST MEADOW DRIVE UNIT#10 & #15 S T E V E N J A M E S R I D E NJOB NUMBER:TAPASRESTAURANTA3- EXISTING,PROPOSEDNORTHELEVATIONSA R C H I T E C T steve@riden1.com 115 G STREET, SALIDA COLORADO 81201 970-389-0150March 6, 2018 - Page 108 of 163March 19, 2019 - Page 85 of 114 A4# REVISION DATE INITIALSTEVEN JAMES RIDENC COPYRIGHTDATE:DRAWN BY:PROCEEDINGSTEVEN JAMES RIDEN A.I.A.AND DESIGNS HEREIN, AS ANFIELD CONDITIONS TO VERIFYWORK ON THE DRAWINGS.THAT THOSE SHOWN REFLECTTO THE ARCHITECT BEFOREANY VARIATIONS OR DISCREPANCIESTHE CONTRACTOR SHALL REPORTSTEVEN JAMES RIDENTHE CONTRACTOR SHALL THOROUGHLYALL RIGHTS RESERVEDTHIS DOCUMENT, AND THE IDEASINSTRUMENT OF PROFESSIONALSERVICE, IS THE PROPERTY OFUSED IN WHOLE OR PART WITHOUTARCHITECT P.C., AND IS NOT TO BETHE WRITTEN AUTHORIZATION OFA.I.A. ARCHITECT P.C.INSPECT AND SURVEY EXISTINGISSUE:M E M B E R O F A M E R I C A N I N S T I T U T E O F A R C H I T E C T S VAIL COLORADO 100 EAST MEADOW DRIVE UNIT#10 & #15 S T E V E N J A M E S R I D E NJOB NUMBER:TAPASRESTAURANTA4- EXISTING,PROPOSEDEASTELEVATIONSA R C H I T E C T steve@riden1.com 115 G STREET, SALIDA COLORADO 81201 970-389-0150March 6, 2018 - Page 109 of 163March 19, 2019 - Page 86 of 114 02.01.2018 DRAWN BY SJR EAST MEADOW DRIVEVAIL, COLORADOLaTaberna Iberica115 G STREET, SALIDA, CO 81201 970.389.0150 A0.2 DESCRIPTION CONCEPT 6B March 6, 2018 - Page 110 of 163March 19, 2019 - Page 87 of 114 02.01.2018 DRAWN BY SJR EAST MEADOW DRIVEVAIL, COLORADOLaTaberna Iberica115 G STREET, SALIDA, CO 81201 970.389.0150 A0.3 DESCRIPTION CONCEPT 6B March 6, 2018 - Page 111 of 163March 19, 2019 - Page 88 of 114 02.01.2018 DRAWN BY SJR EAST MEADOW DRIVEVAIL, COLORADOLaTaberna Iberica115 G STREET, SALIDA, CO 81201 970.389.0150 A0.4 DESCRIPTION CONCEPT 6B March 6, 2018 - Page 112 of 163March 19, 2019 - Page 89 of 114 02.01.2018 DRAWN BY SJR EAST MEADOW DRIVEVAIL, COLORADOLaTaberna Iberica115 G STREET, SALIDA, CO 81201 970.389.0150 A0.5 DESCRIPTION CONCEPT 6B March 6, 2018 - Page 113 of 163March 19, 2019 - Page 90 of 114 02.01.2018 DRAWN BY SJR EAST MEADOW DRIVEVAIL, COLORADOLaTaberna Iberica115 G STREET, SALIDA, CO 81201 970.389.0150 A0.7 DESCRIPTION CONCEPT 6B March 6, 2018 - Page 114 of 163March 19, 2019 - Page 91 of 114 02.01.2018 DRAWN BY SJR EAST MEADOW DRIVEVAIL, COLORADOLaTaberna Iberica115 G STREET, SALIDA, CO 81201 970.389.0150 A0.8 DESCRIPTION CONCEPT 6B March 6, 2018 - Page 115 of 163March 19, 2019 - Page 92 of 114 02.01.2018 DRAWN BY SJR EAST MEADOW DRIVEVAIL, COLORADOLaTaberna Iberica115 G STREET, SALIDA, CO 81201 970.389.0150 A0.9 DESCRIPTION CONCEPT 6B March 6, 2018 - Page 116 of 163March 19, 2019 - Page 93 of 114 March 6, 2018 - Page 117 of 163March 19, 2019 - Page 94 of 114 March 6, 2018 - Page 118 of 163March 19, 2019 - Page 95 of 114 March 6, 2018 - Page 119 of 163March 19, 2019 - Page 96 of 114 March 6, 2018 - Page 120 of 163March 19, 2019 - Page 97 of 114 March 6, 2018 - Page 121 of 163March 19, 2019 - Page 98 of 114 March 6, 2018 - Page 122 of 163March 19, 2019 - Page 99 of 114 March 6, 2018 - Page 123 of 163March 19, 2019 - Page 100 of 114 March 6, 2018 - Page 124 of 163March 19, 2019 - Page 101 of 114 March 6, 2018 - Page 125 of 163March 19, 2019 - Page 102 of 114 March 6, 2018 - Page 126 of 163March 19, 2019 - Page 103 of 114 March 6, 2018 - Page 127 of 163March 19, 2019 - Page 104 of 114 March 6, 2018 - Page 128 of 163March 19, 2019 - Page 105 of 114 March 6, 2018 - Page 129 of 163March 19, 2019 - Page 106 of 114 March 6, 2018 - Page 130 of 163March 19, 2019 - Page 107 of 114 March 6, 2018 - Page 131 of 163March 19, 2019 - Page 108 of 114 March 6, 2018 - Page 132 of 163March 19, 2019 - Page 109 of 114 Preliminary Review Memorandum Date: February 26, 2018 To: Jonathan Spence From: Jeff Winston Project: 100 E. Meadow Drive #15, DRB submittal drawings dated Feb14, 2018 and entitled “La Taberna Iberica Restaurant” by Steven James Riden Architect This proposal is composed of small additions to the north and south ground floors of the existing building. For the most part, our observations are confined to the south and west elevations. The north elevation improvements appear to be minor, are consistent with the existing building materials and character, and actually reduce the building footprint. In general, it is our opinion that the south and west elevation proposals are not consistent with the relevant town plans and guidelines, and modifications are needed to make it a positive improvement to the Village. VAIL VILLAGE MASTER PLAN AND SUB-AREA CONCEPTS Master Plan The only relevant applicable Goal of the VVMP is Goal #1: ENCOURAGE HIGH QUALITY REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITY AND IDENTITY It is our opinion that the proposed improvements, though relatively small, are not consistent with the scale, character, and identity of the Village. They could however, be modified to be /more consistent with the existing character of the building and the Village, and could become consistent with Goal #1. Sub-area Concepts The are of the proposed improvement partially addressed in Sub-area Concept #12: Separate pedestrian walk by reducing E. Meadow Drive to single bus lane. Upgrade by paving, benches, moveable planter, lighting. Bus passing/waiting at either end adjacent to bus shelters. Winston llc 303-817-4174 jeffreyt.winston@gmail.com 1985 Glenwood Drive Boulder Colorado 80304 March 6, 2018 - Page 133 of 163March 19, 2019 - Page 110 of 114 Design Review Memorandum Vail—100 E Meadow Dr Page of 2 4 Even though this is largely a pedestrian street, buses also pass frequently enough to require pedestrian refuge outside of the busway. The proposed improvement appropriates for the restaurant almost the entire pedestrian zone, leaving no refuge for pedestrians when buses are passing. As a side note, the building to the east was apparently allowed an expansion similar to what is proposed here, but with the difference the the planters in the TOV ROW still allowed some room for pedestrian passage outside of the travel lane. VAIL VILLAGE URBAN DESIGN GUIDE PLAN Urban Design Concepts In general, we are of the opinion that the proposed changes to the building do not change, and continue to be consistent with the following Urban Design Concepts: Street Enclosure, Building Height, View Corridors, Sun-Shade Areas of concern are related to the following Urban Design Concepts: Pedestrianization From the Guide Plan: A major objective for Vail Village is to encourage pedestrian circulation through an interconnected network of safe, pleasant pedestrian ways… Since vehicular traffic cannot be removed from certain streets (bus routes, delivery access) a totally car-free pedestrian system is not achievable throughout the entire Village. Therefore several levels of pedestrianization are proposed: This portion of East Meadow Drive is a Type 2 pedestrian street, where vehicles (buses primarily) share the street with pedestrians. This requires pedestrian refuges along the vehicle way. As mentioned above, by virtue of the proposed planter walls, the proposal usurps the entire ROW for permanent private use. Streetscape Framework Per the UDGP: …two general types of improvements adjacent to the walkways are considered: 1. Open space & landscaping - berms, grass, flowers and tree planting as a soft, colorful framework linkage along pedestrian routes; and plazas and park green spaces as open nodes and focal points along those routes. 2. Infill commercial storefronts expansion of existing buildings, or new infill development to create new commercial activity generators to give street life and visual interest, as attractions at key locations along pedestrian routes. It is not intended to enclose all Village streets with buildings, as in the Core Area… Rather, it is desired to have a variety of open and enclosed spaces both built and March 6, 2018 - Page 134 of 163March 19, 2019 - Page 111 of 114 Design Review Memorandum Vail—100 E Meadow Dr Page of 3 4 landscaped, which create a strong framework for pedestrian walks as well as visual interest and activity. This proposal removes a small landscaped area, which is valuable in its ability to support tall trees that provide visual interest and soften the edge of the street. This might be acceptable if it replaced the trees with interesting building storefronts, or even sidewalk dining, but in fact it cuts off the public space with planter walls and converts the public space into private. Design Considerations The relevant Design Considerations are: Walls On the east elevation, the wall extension (to enclose the building additions), and the removal of the lone existing window (on the ground floor), end up leaving an undesirable long blank wall facing the pedestrian walkway. Admittedly, replacing the existing stucco with stone facing adds some richness and interest, but it seems to be done more as a facia, without any structural hints (columns, larger stones at base, lintels) and so appears arbitrary and decorative rather than an integral part of the building foundation. Decks and Patios In general, dining decks and patios are desirable along pedestrian ways, and in other circumstances the design of this one might be considered largely consistent with the guidelines. However, because this proposal encroaches entirely into the pedestrian zone, blocks it off with planters and walls, and removes relatively mature trees in doing so, the Town should not support it. Balcony railings The severe glass patio walls and the stark steel support posts are inconsistent with the old- world character desired to be maintained in the village. This is not to say the glass should not be used, but perhaps used in a way that pays homage to the tradition of the Village. Awnings As light (fabric, steel ribs) add-on structures, the awings can be considered as a “modern” adaptation and we consider them to be whimsical and a nice diversion from the rigidity of the building itself. They should however be operable so they can be retracted from extending over the ROW when not in use. March 6, 2018 - Page 135 of 163March 19, 2019 - Page 112 of 114 Design Review Memorandum Vail—100 E Meadow Dr Page of 4 4 By way of constructive suggestions: 1.Not enclosing the dining patio with walls and planters, but rather (if possible) preserve the existing aspens in tree grates or slightly raised planters, and then use temporary devices to cordon off the patio area when used for dining. 2.If for some reason the patio walls are allowed, they could be softened by: 1.eliminating the sheer glass panels (purpose) 2.replacing or fronting the sheer glass panels with decorative metal pickets (see treatment used for 100 E. Meadow Drive).; 3.using smaller glass panels in decorative metal frame 4.using decorative support columns 3.Ground floor wall of east elevation: 1.Puncture the wall with windows to break up the uniformity 2.Add structural elements, such as expressed corner columns 3.Leave a shallow recess where the former window was located 4.Etc. Stucco? Add wide trim March 6, 2018 - Page 136 of 163March 19, 2019 - Page 113 of 114 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: A djournment 9:10 pm (estimate) March 19, 2019 - Page 114 of 114