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HomeMy WebLinkAbout2019-11-19 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, November 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.Recognitions 1.1.Recognition of Greg Moffet for Years of Service on Vail Town Council 10 min. 2.Citizen Participation (10 min.) 3.Any Action as a Result of Executive Session 4.Proclamations 4.1.Proclamation No.10, Series of 2019, Proclamation Recognizing December 10, 2019 as Eagle County Gives Day 5 min. Presenter(s): Dave Chapin, Mayor Action Requested of Council: Approve Proclamation 4.2.Proclamation No. 11, Series 2019, Recognizing W est Vail Shell Towing 5 min. Presenter(s): Dave Chapin, Mayor Action Requested of Council: Approve Proclamation. Background: Police Chief Henninger suggested a proclamation to recognize West Vail Shell Towing as great community partners in providing special TI MS training to its employees and offering an important and very professional emergency towing service to the community. 5.Consent Agenda (5 min.) 5.1.October 1, 2019 Town Council Meeting Minutes 5.2.October 15, 2019 Town Council Meeting Minutes 5.3.Resolution No. 45, Series 2019, Resolution designating bank signers for the Town of Vail with Scott Robson, Patty Mc Kenny, Kathleen Halloran, Carlie Smith and J acque Lovato as the designated signers on those accounts November 19, 2019 - Page 1 of 130 6.Town Manager Report 6.1.TOV / Vail Mountain Guest Experience I nitiatives Updates (PrimaVail, Vail Apres, Revely Vail) 5 min. Presenter(s): Mia Vlaar, Ecnomic Development Director 7.Action Items 7.1.Municipal J udge Appointment 5 min. Action Requested of Council: Motion to appoint Buck Allen as Municipal J udge for Town of Vail. Background: Section 7.2 of Town Charter sets forth requirements for appointing municipal judge every two years. 7.2.Ordinance No. 17, Series 2019, First reading, Ordinance providing for the levy assessment and collection of the town property taxes due for the 2019 year and payable in the 2020 fiscal year 5 min. Presenter(s): Carlie Smith, Financial Services Manager Action Requested of Council: Approve or approve with amendments Ordinance No. 17, Series 2019. Background: The town is required by Colorado state law to certify the mill levy by December 15th of each year. Staff Recommendation: Approve or approve with amendments Ordinance No. 17, Series 2019. 7.3.Resolution No. 46, Series of 2019, A Resolution adopting the 2019 Update to the Chamonix Master Plan and to amend the Vail Land Use Plan pursuant to Section 8-3 Amendment Process, Vail Land Use Plan, to facilitate development consistent with the Housing (H) Zone District and setting forth details in regard thereto. 10 min. Presenter(s): J onathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Resolution No. 46, Series of 2019. Background: The applicant, Town of Vail, is requesting an update to the Vail Land Use Plan, specifically the Chamonix Master Plan and the Chamonix Land Use Category. The purpose of the amendments is to facilitate development on the future Chamonix Vail Community Parcel E. Staff Recommendation: On October 28, 2019, the Planning and Environmental Commission (P E C) forwarded a unanimous recommendation, for approval, an update to the Vail Land Use Plan, specifically the Chamonix Master Plan and the Chamonix Land Use Category. 7.4.Ordinance No. 18, Series of 2019, First Reading, Ordinance to allow for the rezoning of a portion of 2399 North Frontage Road West, Parcel A, a resubdivision of Tract D, Vail Das Schone Filing 1 from the General Use (GU) District to the Housing (H) District and setting forth details in regard thereto 10 min. Presenter(s): J onathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 18, Series of 2019, upon first reading. November 19, 2019 - Page 2 of 130 Background: The applicant, the Town of Vail, is proposing to rezone a portion of the West Vail Fire Station parcel from General Use (GU) to Housing (H) in order to facilitate the creation of a site for future development. Staff Recommendation: On October 28, 2019, the Planning and Environmental Commission (P E C) forwarded a unanimous recommendation, for approval, for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code. 8.Adjournment 8.1.Adjournment at 7:15 p.m. (est.) 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. November 19, 2019 - Page 3 of 130 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: Recognition of Greg Moffet for Years of S ervice on Vail Town Council November 19, 2019 - Page 4 of 130 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: Proclamation No.10, Series of 2019, P roclamation Recognizing December 10, 2019 as E agle County Gives Day 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: A pprove P roclamation AT TAC H ME N TS: Description Proclamation 10, Series 2019 November 19, 2019 - Page 5 of 130 PROCLAMATION NO. 10, SERIES OF 2019 Recognizing December 10, 2019 as Colorado Gives Day WHEREAS, charitable giving in Eagle County, Colorado is critical to providing support that local nonprofit organizations need to make our community a desirable place to live; and WHEREAS, research shows an increase in online giving both locally and nationally, and many believe it is the future of philanthropy; and WHEREAS, Community First Foundation and FirstBank have partnered in an effort to increase charitable giving in our community through the online giving initiative Colorado Gives Day; and WHEREAS, Colorado Gives Day in 2018 raised $35.1 million in a single 24-hour period via online donations, $1.1 million to Eagle County nonprofits, at eaglecogives.org, a website allowing donors to direct their contributions to one or more of the fifty-one (51) local, Eagle County, charities featured on the site, making it an ideal resource for facilitating charitable giving to our locally-based nonprofit organizations. WHEREAS, Colorado Gives Day is Tuesday, December 10th this year, and all citizens are encouraged to participate because all donations, large or small, can make a difference to nonprofits in need. NOW, THEREFORE, BE IT PROCLAIMED BY Mayor Dave Chapin and the Town Council of the Town of Vail, Colorado that Tuesday, December 10, 2019, will be known as Colorado Gives Day in our community. Dated this 19th day of November 2019. Vail Town Council Attest: ___________________________ Dave Chapin, Mayor Tammy Nagel, Town Clerk November 19, 2019 - Page 6 of 130 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: Proclamation No. 11, Series 2019, Recognizing West Vail S hell Towing 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: A pprove P roclamation. B AC K G RO UND: P olice Chief Henninger suggested a proclamation to recognize West Vail S hell Towing as great community partners in providing special T I MS training to its employees and offering an important and very professional emergency towing service to the community. AT TAC H ME N TS: Description Proclamation 11, Series 2019 November 19, 2019 - Page 7 of 130 PROCLAMATION NO. 11, SERIES OF 2019 Recognizing West Vail Shell Towing WHEREAS, the Traffic Incident Management System (TIMS) is a nationally recognized system to quickly and safely clear traffic crashes from the interstate roadways; WHEREAS, the Vail Police and Fire Departments have adopted the TIMS philosophy and are using it for crashes on I-70; WHEREAS, a majority of Vail Police, Fire and 911 dispatchers have attending TIMS training along with many other Eagle County first responders; WHEREAS, West Vail Shell (WVS) has training a significant majority of all their Tow Truck drivers in the TIMS program, so that they can safely assist public safety responders and do their work in a safe manner; WHEREAS, WVS’s Tow Truck drivers provide an important service to residents, guests and cross-country travelers by their work on the Interstate and in the Town; WHEREAS, WVS’s drivers work collaboratively with Vail Police personnel on a regular basis not only at crash scenes, but in many other incidents; WHEREAS, Tow Truck drivers have a significantly higher risk of injury or death then other first responders and rarely receive recognition for their efforts to assist others, NOW, THEREFORE, the Mayor and Vail Town Council do hereby proclaim our support and recognition of West Vail Shell’s Tow Truck Driver’s continuing service to our community and recognize them for adopting the TIMS program in their private business operations. Dated this 19th day of November 2019. Vail Town Council Attest: ___________________________ Dave Chapin, Mayor Tammy Nagel, Town Clerk November 19, 2019 - Page 8 of 130 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: October 1, 2019 Town Council Meeting Minutes AT TAC H ME N TS: Description October 1, 2019 Meeting Minutes November 19, 2019 - Page 9 of 130 Town Council Meeting Minutes of October 1, 2019 Page 1 Vail Town Council Meeting Minutes Tuesday, October 1, 2019 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Kevin Foley Kim Langmaid Greg Moffet Travis Coggin Absent: Jen Mason for a portion of meeting* Staff members present: Patty McKenny, Interim Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation Pete Fiestmann, Vail resident, questioned why Resolution No. 38, Series of 2019 was on the consent agenda and asked that Resolution No. 38 be moved to the next agenda per Robert’s Rule of Process. 2. Any action as a result of executive session There was none. 3. Consent Agenda 3.1. September 3, 2019 Town Council Meeting Minutes Mo ffet made a motion to approve the September 3, 2019 meeting minutes; Bruno seconded the motion passed (5-0 Foley recused himself from the vote and Mason was absent from the vote). 3.2. September 17, 2019 Town Council Meeting Minutes Moffet made a motion to approve the September 17, 2019 meeting minutes; Langmaid seconded the motion passed (6-0). 3.3. Resolution No. 38, Series of 2019, A Resolution of the Vail Council Adopting Rules of Procedure for the October 15, 2019 Appeal Hearing Moffet made a motion to approve Resolution No. 38, Series of 2019 with the edit an Appellant did not have to have an attorney represent them; Langmaid seconded the motion passed (6-0). Mayor asked if there was any public comment regarding this item. Th ere was none. 3.4. Town Manager Employment Agreement Moffet made a motion to approve the Town Manager Employment Agreement; Mason seconded the motion passed (6-0). November 19, 2019 - Page 10 of 130 Town Council Meeting Minutes of October 1, 2019 Page 2 3.5. SkiData Contract for Parking System Upgrade Moffet made a motion to approve the SkiData contract not to exceed $105,000; Bruno seconded the motion passed (6-0). 4. Presentations / Discussion 4.1. The Civic Area Plan defines the vision for a revitalized community focal point in the Town of Vail and lays out a framework for connecting the community, fostering collaboration, and creating spaces for residents and guests to share ideas. Presenter(s): Matt Gennett, Director of Community Development Action Requested of Council: Staff requests the Town Co uncil review the master plan document, view the presentation and provide feedback. Background: The properties included in the study area are the Lionshead Parking and Transportation Center, charter bus lot, Dobson Ice Arena, Lot 10, Vail Public Library and Vail municipal building complex. Tom Braun, consultant team, provided council an overview of the process since last December. There have been numerous meetings with stakeholders, citizens and Town Council. Braun presented big ideas and next steps for the municipal site and the civic hub, public spaces and connectivity. The Civic hub consisted of the Vail Public Library, Lot 10/Middle Creek, Lionshead Parking Structure, Charter Bus Lot/Dobson Arena. Municipal Building Site: • Address aging structure • Re-locate all or some uses • Allow for other development • Pedestrian crossing • Relocation of South Frontage Road The next steps for the municipal building site were to determine the feasibility of relocating municipal functions and determine the preferred land use for this site Vail Public Library • Potential for a second floor • Enhance the south lawn • Gore Creek and Middle Creek • Safety and aesthetics of pedestrian corridor • Parking availability for library users Braun stated the next steps were to evaluate the need for community space, identify the library’s long-term space needs and potential for outdoor programming. Lot 10/Middle Creek Parcel • Replace the existing parking lot with a new outdoor public space • Animate this public space along the Town ’s primary pedestrian corridor • Restore and enhance the Middle Creek corridor and integrate with Lot 10 Next steps were to coordinate with the environmental sustainability department on improvements to Middle Creek and a community design process for improvements to Lot 10. Lionshead Parking Structure • Improve the walking experience • Landscape and streetscape improvements November 19, 2019 - Page 11 of 130 Town Council Meeting Minutes of October 1, 2019 Page 3 • Animate the street with a “building wrap” a south side of the structure • Potential for workspace housing • Continue maintenance to extend life of the Lionshead Parking Structure Braun stated the next steps would be to define the need for community uses and determine the preferred use or uses of the building wrap and explore opportunities for public/private collaborations. Charter Bus Lot/Dobson Ice Arena • Synergy between facilities and spaces • Ice facilities sufficient to meet the needs of Vail’s skating community • Address Dobson Ice Arena’s obsolescence and poor aesthetics • Multi-purpose events facility • Community spaces/small theater • Incorporate mixed uses Braun stated the civic area plan would provide three options with ways to achieve the ideas for the Charter Bus Lot/Dobson Ice Arena . Option 1 consisted on a new Dobson Ice arena. Next steps would be to have a comprehensive market and economic analysis done, define the design and programming approach for the ice rink and multipurpose event facility. Council complimented the consultant team on their efforts. Council members did question the costs and needs of some of the “big ideas” but appreciated the options that were presented. Mayor opened public comment. Rick Sackbauer requested council to consider square footage and not have low ceilings when considering space uses. Sackbauer explained there were certain sport activities would need high ceiling clearance. There was no more public comment. Council thanked the consultant team again and stated they were looking forward to seeing them again soon. 5. Action Items 5.1. Appeal of Town of Vail Zoning Administrator’s Determination of standing made on or about September 23, 2019 regarding certain appeals of the Planning Environment Commission (the “PEC”) decision Approving Booth Heights Development Plan (PEC 19- 0018) Presenter(s): Matt Mire, Town Attorney Background: On October 1, 2019 the Town of Vail received objections to the Town of Vail Zoning Administrator’s Determination of standing made on or about September 23, 2 019 regarding certain appeals of the Planning Environment Commission (the “PEC”) decision Approving Booth Heights Development Plan (PEC 19 -0018). The Vail Town Code requires the Town Council to consider this matter at a meeting prior to the appeal hearing s on the Booth Heights development project on October 15, 2019. Matt Mire, Town Attorney, stated this was a public hearing item and requested the mayor to open the hearing process for this item. Mire st ated the Town received an objection for attorney John Dunn, on behalf of individuals who had objected to the Planning and Environment Commissions decision to approve the Booth Heights Development Plan but were declared not to have standing concerning this matter. There was no public comment. November 19, 2019 - Page 12 of 130 Town Council Meeting Minutes of October 1, 2019 Page 4 Moffet made a motion to uphold the Community Developments decision that certain appeals did not have standing; Bruno seconded the motion passed (4 -3 Langmaid, Mason and Foley object). 5.2. Parking and Transportation Task Force Recommended Winter 2019 -2020 Parking Program Presenter(s): Greg Hall, director of Public Works and Transportation Action Requested of Council: Approve or Approve with modifications the Winter 2019 - 2020 Parking Program as recommended by the Parking and Transportation Task Force Background: The Parking and Transportation Task Force was formed in 1999 in an advisory capacity and has been enacted through the years at the direction of the Vail Town Council. In reinstating the Task Force, the role of the 12 -member group is to provide advisory input and recommendations on parking, transit and mobility issues. Staff Recommendation: Staff recommends the Town council approve the Parking and Transportation Task Force recommendations for the Winter 2019 -2020 Parking Program. Greg Hall, Public Works Director, spoke to council about the winter 2019-2020 parking program recommendations from the Parking and Transportation Task Force . Hall stated Vail Health presented a transportation plan. Although there would not be any changes to parking pass structure or price at this time, there wa s a discussion of creating a pass for nigh shift employees. Council would like to see locals use ECO transportation on the weekends to free parking spaces for guests during the weekend . Council agreed to uphold the Parking and Transportation Task Force recommendations not to change the structure or price of the current passes. 5.3. Ordinance No. 13, Series 2019, First Reading, Ordinance adopting a budget and financial plan and making appropriations to pay the costs, expenses and liabilities of the Town of Vail, Colorado for its fiscal year January 1, 2020 through December 31, 2020 Presenter(s): Kathleen Halloran, Finance Director Action Requested of Council: Approve or approve with amendments Ordinance No. 13, Series 2019. Background: Please see attached memo. Staff Recommendation: Approve or approve with amendments Ordinance No. 13, Series 201 9 Kathleen Halloran, Finance Director, presented the first reading of the 2020 budget and the changes that were requested after council reviewed a draft of the 2020 budget during the September 3rd afternoon meeting. ✓ Property Tax revenue was updated to $5.9 million ✓ $50,000 was added to the budget for a “First and Last Mile” plan and implementation ✓ The Human and Resources Coordinator was budgeted to a full-time position ✓ Add placeholders for possible additional funding for the events Spring Back to Vail ($250,000) and Mountain Games ($75,000) November 19, 2019 - Page 13 of 130 Town Council Meeting Minutes of October 1, 2019 Page 5 ✓ Proposed funding of $40,000 for the Actively Green program ✓ $10,000 for a feasibility study adding pickle ball courts and winterizing the current courts ✓ $20,000 for the Vail Social event Halloran stated the proposed 2020 budget being presented to council was with conservative revenue projections, a balance d operating budget, and funding for priorities within the Council’s focus areas. Moffet suggested setting aside more money for the First and Last Mile program. Bruno asked if there was a location close to the bus stop for a small parking area; which Moffet responded there was no land available. Council agreed to include $50,000 for a pilot program along with the “Mobility Planner” employee position to help solve the first/last mile problem. Council authorized Spring Back to Vail and Mountain Games be considered Signature Events and to hold the requested additional f unding for second reading and further discussion. Additionally, the council agreed to provide funding to the Children ’s Garden of Learning for facility improvements and $20,000 for the event Vail Social. Public comment was called. Karen Perez, Vail resident, asked about the insurance requirements for the event if there were road closures or weather conditions and how those costs are recouped. Langmaid made a motion to approve first reading of Ordinance No. 13, Series of 2019 with additions discussed; Bruno seconded the motion passed (6-1 Moffet opposed). 6. Public Hearings 6.1. Ordinance No. 12, Series of 2019, Second Reading, An Ordinance Amending Section 5-14-8 of the Vail Town Code Regarding Stream Tract Protection and Related Violations and Penalties Presenter(s): Pete Wadden, Watershed Education Coo rdinator Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 12, Series of 2019 upon second reading Background: Following an update on the status of town -owned stream tract along Gore Creek and several of its tributaries on A ugust 6, Town Council determined that more stringent and defined penalties should be put in place to bring properties remaining in violation into compliance. The town attorney was directed to make changes to town code increasing the fines for trespass on the publicly-owned designated stream tract property. Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 12, Series of 2019 upon second reading Matt Mire, Town Attorney, reviewed Ordinance No. 12, Series of 2019 with Council. Mire explained the fines would be for first offense would be $1500 and second offense would be $2650.00. There was no public comment. Council conf irmed with the Town Attorney that the names of violators could be published in the local newspaper. Moffet made a motion to approve Ordinance NO. 12, Series of 2019 upon second reading; Langmaid seconded the motion passed (7 -0). November 19, 2019 - Page 14 of 130 Town Council Meeting Minutes of October 1, 2019 Page 6 There being no further business to come before the counc il, Moffet moved to adjourn the meeting; Foley seconded the motion which passed (7-0) and the meeting adjourned at 8:20 p.m. Respectfully Submitted, Attest: __________________________________ Dave Chapin, Mayor ___________________________________ Patty McKenny, Assistant Town Manager November 19, 2019 - Page 15 of 130 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: October 15, 2019 Town Council Meeting Minutes AT TAC H ME N TS: Description October 15, 2019 Council Meeting Minutes November 19, 2019 - Page 16 of 130 Town Council Meeting Minutes of October 15, 2019 Page 1 Vail Town Council Meeting Minutes Tuesday, October 15, 2019 5:30 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 5:30 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Kevin Foley Kim Langmaid Jen Mason Greg Moffet Travis Coggin Staff members present: Patty McKenny, Interim Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Consent Agenda 1.1. Resolution No. 39, adopting a 2020 Vail Local Marketing District budget Moffet made a motion to approve Resolution No. 39, Series of 2019; Langmaid seconded the motion passed (7-0). 1.2. Resolution No. 40, in support of Ballot Issue No. 1, to impose a special sales tax on cigarettes, tobacco products and nicotine products. Moffet made a motion to approve Resolution No. 40, Series of 2019; Coggin seconded the motion passed (6-1 Foley opposed). 1.3. Resolution No. 43, approving a lease agreement between the Town of Vail and the Children's Garden of Learning Moffet made a motion to approve Resolution No. 43, Series of 2019; Mason seconded the motion passed (7-0). 2. Action Items 2.1. Resolution No. 41, adopting the 2108/2019 Town of Vail Civic Area Plan Moffet made a motion to table Resolution No. 41, Series of 2019; Langmaid seconded the motion passed (7-0). 3. Public Hearings November 19, 2019 - Page 17 of 130 Town Council Meeting Minutes of October 15, 2019 Page 2 3.1. Ordinance No. 13, Second Reading, adopting Town of Vail 2020 budget and financial plan Kathleen Halloran, Finance Director, reviewed the changes and updates to Ordinance No. 13, Series of 2019 per the council’s direction at the October 1 meeting. • An additional $50,000 was placed in the budget for a “First and Last Mile” plan and implementation to coincide with the addition of a new Mobility Planner. • An annual contribution of $20,000 for the Children’s Garden of Learning for capital improvements and capital maintenance. • The Mountain Games event would now be recognized as a Signature Event with funding up to $140,000. • $550,000 was set in the 2020 budget for the event Spring Back to Vail Council agreed the Mountain Games should be an iconic event and the additional funding for 2020 should be granted but held until further discussion. Additionally, the $550,000 for Spring Back to Vail was granted with the condition the additional funding was for “A-list” performers. If an A-list performer was not booked for the event than the money would be held and adjusted appropriately. Council member Moffet didn’t believe enough sales tax could be generated to justify the additional contribution and opposed the additional funding for Spring Back to Vail. Bruno made a motion to approve Ordinance No. 13, Series of 2019 with the additional funding for both Mountain Games and Spring Back to Vail; Mason seconded the motion passed (6-1 Moffet opposed). 4. Citizen Participation Steven Connolly, Vail resident, requested council revisit the parking requirements for workforce housing and the sign code. Connolly, also suggested Council reevaluate the open land policy. Penny Wilson, thanked council for the progress on the berm at Bald Mountain Townhomes. Pam Stenmark, Vail resident, reminded council to make sure tonight’s appeal hearing process was fair and open to all. 5. Action Items 5.1. Resolution No. 42, adopting Amended Rules of Procedure for the October 15, 2019 Appeal Hearing Matt Mire, Town Attorney, reviewed the added rule; which allowed each appellant an additional 3 min. for a rebuttal to the statements from the applicant. Moffet made a motion to approve Resolution No. 42, Series of 2019; Coggin seconded the motion passed (7-0). 6. Public Hearings 6.1. Appeal of Booth Heights PEC19-0018 Matt Mire, Town Attorney, addressed allegations of three council members (Langmaid, Foley and Moffet) having conflicts of interest regarding this project. Foley and Langmaid had articles in the local paper stating their assumed positions concerning the Booth Heights appeal. Langmaid and Foley stated on the record they could be unbiased when hearing tonight’s information and would not see any financial gain or loss regardless of the outcome of tonight’s November 19, 2019 - Page 18 of 130 Town Council Meeting Minutes of October 15, 2019 Page 3 hearing. Moffet’s name, unknown to him, was added to a letter of support for the project. Moffet confirmed on the record he too would not have any financial gain or loss on this project and could be unbiased when hearing the Booth Heights appeal. Jonathan Spence, Community Planner, presented the history on the Booth Heights application. Spence noted the Planning and Environmental Commission had held five public meetings on the Booth Heights application before voting 4-3 in favor of the project on August 26. The seven appellants were given 10 minutes each to present evidence, witness testimony, statements and arguments in support of the appeals. Bob Essin was the first appellant to present his standing. Essin expressed concerns about the following: • The bighorn sheep’s survival; • The traffic impacts the project would have on East Vail residents; • The safety of residents due to the location of the project having steep terrain and rock face, lack of lighting and lack of parking; and • The impacts the project with have on bus services due to the distance of grocery shopping and other amenities. Essin stated the project was to house part time employees and not for people who live here. This project would cost the Town money due to the demand for more busses; which would lead to more employees, maintenance, etc. Essin suggested putting the project to a public vote. Essin allowed Diane Lazier to use the remainder of his time to speak to council. Lazier, Vail Resident, asked the Town Attorney if there could be a referendum. Mire stated he did not see a legal way. Julie Conn was the second appellant to present her standing. Conn’s concerns were the following: • The traffic study being conducted in late December when school is out. Conn stated the traffic on the Frontage Rd in the morning when kids are being dropped off and, in the afternoon, when kids are being picked up is at a standstill. • The development causing danger to the bighorn sheep herd by depriving them of their winter habitat. • The development size of the project was too large for the site. Conn expressed a desire to preserve open space and stated the development would be a scar on the landscape. Additionally, Conn stated she was not opposed to Vail housing. Deborah Ford was the third appellant to present to council on her standing. Ford stated her and her husband were for employee housing but opposed the project due to its density. Ford stated there were too many concerns not addressed. • Density of the project and the effects it would have on East Vail residents. Such as an overcrowded bus system. • The proposed 156 parking spaces for the development not being enough for the possible number of residents in the Booth Heights units. • Concern for safety due to no turn lanes and the location of the buss stop • The permanent and irreversible impacts on the natural beauty in area. Betsy Kiehl, the fourth appellant, presented her standing on how the project would affect the view from her home. Currently the view from her home was of open space, aspen and dark skies in the evening. The dark sky would be replaced by 153 lights and light poles 28 ft tall. The 61 units would require exterior lights and 115 windows that would additionally affect the dark sky. Kiehl stated she did not want to live where there are more lights and road congestion. Every piece of space didn’t need to be developed. Kiehl also stated the site was critical habitat for bighorn sheep. Anthony and Cynthia Ryerson were the fifth appellants to present their standings. Ryerson’s expressed concerns the project would have negative effects on the neighborhood. November 19, 2019 - Page 19 of 130 Town Council Meeting Minutes of October 15, 2019 Page 4 • During an I-70 Vail Pass road closure; • The 9 months when Vail Mountain school was in session with 460 students; • An event that has parking on both sides of the Frontage Road; • The Booth Falls Trail traffic/parking with bikers, joggers, etc. Ryerson’s requested Council ask for another traffic study to be done at times of pass closure, schools and activities in the East Vail area. Penny Turielli , East Vail resident and the sixth appellant, stated her standing was primarily about safety and geology. Turilli presented previous studies of the area regarding rockfall hazards and showed pictures of potential debris flow. Turielli also noted the current traffic congestion at Vail Mountain School. She questioned the safety of students, residents and guests by adding more traffic to the area when there are no crosswalks, parking and location of bus stop. Holly Canada, the seventh appellant spoke about the impact the development would have on Vail Memorial Park views. With the development of Booth Heights people would see parking lots and large buildings where currently they see open green area with aspen trees. Canada stated green space was important to the community and asked council to protect the setting. The applicant received 70 min. to respond to the appellants concerns. Michael O’Connor, representing the applicant Triumph Development, stated the project was not rushed through the development process and felt he had not heard any new arguments tonight from the seven appellants that had not already been addressed in other public hearings. O’Connor stated there were significant contribution towards wildlife and that the development had met the criteria. The project had considered the wildlife habitat and 18 acres of the site were dedicated to protect wildlife and provide open space. O’Connor demonstrated the changes and consideration given to the project with regards to the density and showed its compatibility to other developments in the area. O'Connor stated the Booth Heights plan met the prescribed development standards within the Housing Zone District. The development was not out of character with the neighborhood, there were no immediate neighbors and the project was designed to serve the community as a whole. No traffic improvements were required for this development. Pedestrian path and bus stop were approved and would not interfere with the wildlife habitat. A wildlife mitigation plan was created with the help of three wildlife biologists which required a conservation easement and $100,000 contribution from Triumph Development prior to April 15. Rockfall mitigation had been adequately addressed in the development as required by town code. O’Connor addressed some of the other concerns the appellants had such as bringing in more topsoil to help with the vegetation returning to the area and keeping the lighting to a minimal to help with the dark skies. O’Connor said the question tonight was about upholding or not upholding the PEC approval of the development plan and not whether the development should happen on this site or not. Each of the appellants were allowed 3 min. to respond to O’Connor’s remarks. Anthony Reyerson still questioned the traffic study being conducted on December 30, 2017 when it did not include skier traffic or traffic from the Mountain School. Reyerson also stated comparing East Vail to West Vail was a stretch because East Vail showed the Gore Range and was just different than West Vail. Debbie Ford, felt she did bring new evidence to the table tonight in her calculation of 456 allowable residents. She stated there were still too many unanswered questions. Safety was still a concern with density and traffic. Pam Stenmark, spoke on behalf of Judy Conn because Conn needed to leave the meeting, stated the code required the applicant to complete the mitigation work before construction could begin and that $100,000 was not completing the wildlife mitigation. November 19, 2019 - Page 20 of 130 Town Council Meeting Minutes of October 15, 2019 Page 5 Penny Turilli stated the traffic study was questionable and did not reflect the situation; the 18 acres were all landslide; and Memorial Park would be affected and forever changed if the development was approved. Bob Essin stated Vail Resorts was just here for the money and the council should reverse the decision of the PEC and either purchase or condemn the property. Council asked Community Development Planner Spence to clarify the occupancy of the development. Spence responded 456 people would be the max with 2 per room and 2 sleeping on the couch per Town code. Greg Hall responded to council questions regarding bus routes and overcrowding. Town Attorney Mire confirmed council could not purchase or condemn the property tonight. Tonight’s appeal was to either uphold or reject the PEC’s approval of the development plan. Public comment was opened. Ann Marie Muller expressed concern regarding rock mitigation. Pete Fiestmann questioned why there was no rendering with the berm and stated the mitigation plan was not a mitigation plan; and questioned the traffic study. Suzanne O’Neil requested council and Vail resorts to look at alternative sites. O’Neill expressed concern for the bighorn sheep and their habitat. Charlyn Canada, quoted a philosopher and stated this was the only turf the bighorn sheep had in the valley. Charlie Langmaid, asked who is liable if the berm is ineffective? Penny Wilson expressed concern about bus capacity and vehicle/pedestrian safety in winter when Vail pass is closed. Wilson questioned the traffic study. Michael Cacioppo said the people had the right to vote on projects that affect them. He also questioned if John Ryan from Pec had a conflict of interest with his boss in the audience. Pam Stenmark stated the berm was too steep and could not be landscaped and was out of character for Vail. Jeff Andrews stated the development was per code and fit the area. Andrews requested council vote in favor of upholding PEC decision Brian Stockmar encouraged the Town Council to "do the right thing" and overturn the approval. Stockmar stated Vail's reputation was being severely damaged. Mike Glass encouraged council to uphold PEC’s decision. Glass stated the development criteria was met and he supported the project. John Ervin played a song regarding big horn sheep being left alone. Doug Scholfield, asked council to uphold the PEC decision. Scholfield would like to see an increase of families in Vail! Barbara Keller stated the scale, density and mass was not consistent with the neighborhood and that bus service would be a challenge. Keller questioned if this was the only location for employee housing. Pam Hopkins, expressed concerns about the site plans for rockfall, wetlands, slope stability, debris flow, wildlife, unknown soil conditions, etc. She felt more study was needed. Joe Staufer questioned conflict of interest of a PEC member and also questioned the reasons for pushing the development through so quickly. Jennifer Crabtree request council to uphold their mission statement. Kristy Henz questioned the traffic study. Henz stated Vail Resort employees were not locals and would not stay. She encouraged council to vote against the PEC decision. Donna Mumma was concerned about traffic impacts and dangers associated with East Vail underpass and I-70. She would like another traffic study done. Todd McDowell, asked council to uphold the Pec decision. McDowell stated affordable housing was needed and felt the site was appropriate. November 19, 2019 - Page 21 of 130 Town Council Meeting Minutes of October 15, 2019 Page 6 Zach Collins questioned the site being the best location for the development. Jessica Landon, questioned how much light, air, noise and traffic would be created by this development. Landon urged council to slow down and reconsider this project. Jonathan Staufer felt there were inadequate studies and encouraged council to vote against the PEC decision. Rick Kon, Wildlife expert, stated the development had the potential to put the bighorn sheep's survival at great risk. William Schmidt fail to include the criteria of no effect on neighbors. Building dorms for cheap housing is not the answer. Kaye Ferry said council needed to look carefully at its vision, mission and values that are hanging on the wall. She thought it would be appropriate to take more time to discuss the issues Fred Rumford encouraged council to support the PEC decision. Jeff Babb stated he lived in East Vail when he first came to Vail and enjoyed the neighborhood that made him feel welcomed. Living where you work is amazing! He encouraged council to uphold PEC’s decision. Paul Rondeau stated this was a bigger issue than the criteria and requested council put the development on hold. Brooke Chestnut stated he attended all the meetings the last five months. Chestnut encouraged council to please listen to what they have heard tonight. Public comment closed. Bruno asked staff to clarify the berm height and liability requirements. Spence stated depending on the location the berm could be 30-60 feet tall and a liability waiver was not a requirement but the person pulling the building permit would need to sign the release. Langmaid asked the applicant about the conservation easement cost. O’Connor replied he did not know the cost, but it was a separate expense from the $100,000 contribution. Moffet moved that the Town Council uphold the August 26, 2019 decision of the Planning and Environmental Commission, because the PEC properly determined that the Development Plan for the Booth Heights Neighborhood complies with Title 12, Chapter 6, Article I of the Vail Town Code; Bruno seconded the motion passed (4-3 Langmaid, Mason, Foley oppose). Foley stated he voted against the motion because development criteria C, D and E were not been met. Langmaid stated she voted no for the following reasons: safety and the impact on wildlife and memorial park. Langmaid stated there were no guarantees the wildlife mitigation would work . Manson felt development criteria’s A, C and D were not met. Mason stated the development did not fit the neighborhood and she did not believe the mitigation plan would necessarily work. Coggin voted to uphold the PEC decision. Coggin stated he felt the development criteria was met and that more had been done for this development than others in the past. Coggin also noted the Town engineer supported and agreed with traffic study. Chapin stated he supported the PEC’s decision and that he had not heard any new evidence. Langmaid suggested Council schedule a future agenda discussion to determine if Vail Resorts would be a willing seller of the property. She also wanted to discuss additional big picture housing opportunities. Council supported Langmaid’s suggestions. There being no further business to come before the council, Moffet moved to adjourn the meeting; Coggin seconded the motion which passed (7-0) and the meeting adjourned at 10:10 p.m. Respectfully Submitted, November 19, 2019 - Page 22 of 130 Town Council Meeting Minutes of October 15, 2019 Page 7 Attest: __________________________________ Dave Chapin, Mayor ___________________________________ Tammy Nagel, Town Clerk November 19, 2019 - Page 23 of 130 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: Resolution No. 45, S eries 2019, Resolution designating bank signers for the Town of Vail with S cott Robson, P atty Mc K enny, Kathleen Halloran, Carlie Smith and J acque L ovato as the designated signers on those accounts AT TAC H ME N TS: Description Res 45 November 19, 2019 - Page 24 of 130 Resolution No. 45, Series 2019 RESOLUTION NO. 45 Series of 2019 A RESOLUTION DESIGNATING BANK ACCOUNTS FOR THE TOWN OF VAIL WITH SCOTT ROBSON, PATTY MCKENNY, KATHLEEN HALLORAN, CARLIE SMITH AND JACQUE LOVATO, AS THE DESIGNATED SIGNERS ON THOSE ACCOUNTS, PERMITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUTES OF THE STATE OF COLORADO; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the “Charter”); and WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; and WHEREAS, The Town has the power to designate banks or financial institutions for funds of the Town; and WHEREAS, the Town wishes to designate bank accounts with First Bank of Vail and Alpine Bank with Scott Robson, Patty McKenny, Kathleen Halloran, Carlie Smith, and Jacque Lovato as signers on these accounts. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Scott Robson, Patty McKenny, Kathleen Halloran, Carlie Smith and Jacque Lovato, are hereby designated as signers for the banking accounts for the funds of the Town of Vail. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 19th day of November, 2019. __________________________________ Dave Chapin, Mayor, Town of Vail ATTEST: Tammy Nagel, Town Clerk November 19, 2019 - Page 25 of 130 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: TO V / Vail Mountain Guest Experience I nitiatives Updates (P rimaVail, Vail A pres, Revely Vail) P RE S E NT E R(S ): Mia Vlaar, E cnomic Development Director AT TAC H ME N TS: Description Revely Vail November 19, 2019 - Page 26 of 130 NOV 23-30, 2019 REVELYVAIL.COM VAIL’S WELCOME TO THE OF WINTER SAT NOV 23 Ice Skating Show Solaris, 3:30 - 4:30pm Explosion of Lights Walk Lionshead Plaza, 5:30 - 6pm SUN NOV 24 Vail Astronomy Nights Betty Ford Alpine Garden, 6- 8pm Explosion of Lights Walk Lionshead Plaza, 5:30 - 6:30pm TUE NOV 26 Gingerbread Competition Day Vail Public Library, 11am - 5pm (Displays Nov 27, 29, 30 Explosion of Lights Walk Lionshead Plaza, 5:30 - 6:30pm WED NOV 27 5 Point Film Festival | Snow Reel CO Snowsports Museum, 5 - 7:30pm Explosion of Lights Walk Lionshead Plaza, 5:30 - 6pm Vail Astronomy Nights Arrabelle in Lionshead, 6 - 8pm FRI NOV 29 Kris Kringle Market Willow Bridge Rd, 11am - 4pm Ice Skating Show Arrabelle, 3:30 - 4:30pm Explosion of Lights Walk Lionshead Plaza, 5:30 - 6pm 10th Mountain Parade, Gondola One, 6pm Vail Astronomy Nights By Gondola One 6 – 8pm SAT NOV 30 Kris Kringle Market Willow Bridge Rd, 11am - 4pm Live Music duets by Jennifer Hartswick & Natalie CressmanNick Cassarino & Ian Faquini Express Lift Bar, 3 - 6pm Revely Vail Tree Lighting Slifer Square, 6 - 7pm Explosion of Lights Walk Lionshead Plaza, 5:30 - 6:30pm DAILY, NOV 23 - 30 Cooking Classes Throughout both Villages Vail Après, 3pm November 19, 2019 - Page 27 of 130 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: Municipal J udge Appointment AC T IO N RE Q UE S T E D O F C O UNC I L: Motion to appoint Buck A llen as Municipal J udge for Town of Vail. B AC K G RO UND: S ection 7.2 of Town Charter sets forth requirements for appointing municipal judge every two years. November 19, 2019 - Page 28 of 130 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: Ordinance No. 17, Series 2019, First reading, Ordinance providing for the levy assessment and collection of the town property taxes due for the 2019 year and payable in the 2020 fiscal year P RE S E NT E R(S ): Carlie Smith, Financial S ervices Manager AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove or approve with amendments Ordinance No. 17, S eries 2019. B AC K G RO UND: The town is required by Colorado state law to certify the mill levy by December 15th of each year. S TAF F RE C O M M E ND AT IO N: A pprove or approve with amendments Ordinance No. 17, S eries 2019. AT TAC H ME N TS: Description mil levy November 19, 2019 - Page 29 of 130 TO: Vail Town Council FROM: Finance Department DATE: November 19, 2019 SUBJECT: Mill Levy Ordinance I. SUMMARY Authorization for the collection of property taxes in 2020 II. DISCUSSION You will be asked to approve the attached mill levy ordinance upon first reading on Tuesday evening. This ordinance authorizes the collection of property taxes in 2020 based upon 2019 assessed valuations of property within the town’s boundaries. Eagle County is responsible for assessing values and for collecting property taxes on our behalf. The town is required by Colorado state law to certify the mill levy by December 15 of each year. Since two readings of an ordinance are required, we will bring the first reading on Tuesday and the second reading on December 3rd to enable us to meet the December 15 date. The attached ordinance is based on preliminary assessed valuations from the county (as of August, 2019). The town’s base mill levy as shown in the ordinance is 4.69 mills and the abatement levy is 0.022 mills. Abatement results when a taxpayer protests an assessed valuation after the normal protest period and is refunded a portion of the tax already due or paid. The abatement mill levy allows the town to recoup the refunded amount. This abatement levy of 0.022 mils equates to an additional $1.56 per year for a $1 million home. The property tax authorized by the attached ordinance will generate $5.7 million in revenue in 2020, representing approximately 8% of the town’s total revenue. The projected revenue is an increase of 11% from 2019 revenues because it is a re-assessment year. Commercial properties averaged an increase of 16% in property valuations and residential averaged an increase of 12%. Since 2018, tax collections for the town have been impacted by the reduction in residential taxes due to the Gallagher Amendment. The amount of property tax collections lost due to the Gallagher Amendment is over $400,000 annually (2018 and 2019). The impact to 2020 is estimated at $490,000. From a budgetary standpoint, the losses have been offset by the increase in property valuations. November 19, 2019 - Page 30 of 130 Ordinance 17, Series of 2019 ORDINANCE NO. 17 SERIES OF 2019 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2019 TAX YEAR AND PAYABLE IN THE 2020 FISCAL YEAR. WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and collection of Town ad valorem property taxes due for the 2019 year and payable in the 2020 fiscal year. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. For the purpose of defraying part of the operating and capital expenses of the Town of Vail, Colorado, during its 2020 fiscal year, the Town Council hereby levies a property tax of 4.712 mills upon each dollar of the total assessed valuation of $1,207,728,680 for the 2019 tax year of all taxable property within the Town, which will result in a gross tax levy of $5,690,818 calculated as follows: Base mill levy 4.690 $5,664,248 Abatement levy .022 _ 26,570 Total mill levy 4.712 $5,690,818 Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the Colorado Revised Statutes (1973 as amended), and as otherwise required by law. 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, November 19, 2019 - Page 31 of 130 Ordinance 17, Series of 2019 any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 19th day of November, 2019. A public hearing shall be held hereon at 6 P.M. on the 3rd day of December, 2019, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. ______________________________ Dave Chapin, Mayor ATTEST: ________________________________ Scott Robson, Town Manager November 19, 2019 - Page 32 of 130 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: Resolution No. 46, S eries of 2019, A Resolution adopting the 2019 Update to the Chamonix Master Plan and to amend the Vail L and Use P lan pursuant to Section 8-3 Amendment P rocess, Vail L and Use Plan, to facilitate development consistent with the Housing (H) Zone District and setting forth details in regard thereto. 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: T he Vail Town Council shall approve, approve with modifications, or deny Resolution No. 46, Series of 2019. B AC K G RO UND: The applicant, Town of Vail, is requesting an update to the Vail L and Use P lan, specifically the Chamonix Master P lan and the Chamonix L and Use Category. T he purpose of the amendments is to facilitate development on the future Chamonix Vail Community P arcel E . S TAF F RE C O M M E ND AT IO N: On October 28, 2019, the P lanning and E nvironmental Commission (P E C) forwarded a unanimous recommendation, for approval, an update to the Vail L and Use P lan, specifically the Chamonix Master P lan and the Chamonix L and Use Category. AT TAC H ME N TS: Description Staff Memorandum Attachment A. Resolution No. 46 Series of 2019 Update Chamonix Vail Master Plan Attachment B. Staff Memorandum, P E C19-0040, October 28, 2019 Attachment C. P E C Minutes, October 28, 2019 Attachment D. Update to the Chamonix Master Plan (red line) November 19, 2019 - Page 33 of 130 TO: Vail Town Council FROM: Community Development Department DATE: November 19, 2019 SUBJECT: Resolution No. 46, Series of 2019, a resolution adopting the 2019 Update to the Chamonix Master Plan and amend the Vail Land Use Plan pursuant to Section 8-3 Amendment Process, Vail Land Use Plan, to facilitate development consistent with the Housing (H) Zone District and setting forth details in regard thereto. Applicant: Town of Vail Planner: Jonathan Spence I. SUMMARY The applicant, Town of Vail is requesting a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for an update to the Vail Land Use Plan, specifically the Chamonix Master Plan and the Chamonix Land Use Category. The purpose of the amendments is to facilitate development on the future Chamonix Vail Community Parcel E, a resubdivision of Parcels A and B, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1. The amendments are to allow non-deed restricted housing within the Chamonix Master Plan Area and Land Use Category, consistent with the requirements of the Housing (H) Zone District. On October 28, 2019, the Planning and Environmental Commission (PEC) forwarded a unanimous recommendation, for approval, an update to the Vail Land Use Plan, specifically the Chamonix Master Plan and the Chamonix Land Use Category. Please find the staff memorandum to the PEC included as Attachment B, the minutes from the October 28th meeting included as Attachment C and the Update to the Chamonix Master Plan, included as Attachment D. II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Resolution No. 46, Series of 2019. Ill. BACKGROUND The Town of Vail acquired the 3.6-acre “Chamonix Parcel” in October, 2002, for the purpose of constructing a fire station, employee housing and land banking. To achieve the Town’s goals the Town of Vail adopted the Chamonix Master Plan in 2005. The November 19, 2019 - Page 34 of 130 Town of Vail 3/4/2014 Page 2 Master Plan outlined development areas for a fire station, employee housing and open space. In 2007, the Town of Vail was able to acquire the adjacent former Wendy’s Site. It was determined the former Wendy’s Site was a more optimal location, from an emergency services perspective, for a future West Vail Fire Station. Based upon the acquisition of the new property, the Town of Vail determined it could better utilize the two parcels if a new, comprehensive master plan process was completed. A Request for Proposals to hire a new consultant team was issued in September, 2007. The Team of Stan Clauson Associates, Inc., Studio B Architects, and Drexel, Barrell & Co. were retained by the Town of Vail to develop a Chamonix Master Plan. On January 16, 2008 a “Kick-Off” meeting was held for the purpose of introducing the Chamonix Site Master Plan project to the Advisory Committee. The Advisory Committee, which was selected by Town of Vail staff as well as citizens, consisted of representative from the Town Council, the Planning and Environmental Commission, the Housing Authority, the Vail Fire Department, Community Development, and two Citizens at Large. Duties of the Advisory Committee consisted of reviewing previous master planning efforts produced for the Chamonix site, engaging in discussions on new opportunities and changed conditions to be considered during the new master planning effort, and issuing recommendations to the consultant team on the parameters that would guide the process and the creation of alternative development scenarios. Ultimately, a final version of the Chamonix Vail Master Plan was adopted by ordinance by the Vail Town Council in 2009 along with a corresponding revision to the Town of Vail Land Use Map and Land Use category. IV. CRITERIA FOR REVIEW/PROCUDURE Amendments to the Chamonix Master Plan, an element of the Comprehensive Plan, will need to be adopted by the passage of a resolution by the Vail Town Council. Amendments, or the adoption of new elements to the Comprehensive Plan must address the following review criteria: Amendments to a Master Plan The adoption of an amendment or update to a master plan needs to be in concert with the Town of Vail’s Comprehensive Plan. The adopted master plan shall support, strengthen, and further the development objectives of the town. To ensure consistency with these objectives, the following factors for consideration are applied. 1. How conditions have changed since the original plan was adopted; Conditions have changed substantially since the adoption of the Chamonix Master Plan more than a decade ago. In the time period since the adoption of the plan the following actions have taken place: • The West Vail Fire Station has been fully completed. November 19, 2019 - Page 35 of 130 Town of Vail 3/4/2014 Page 3 • The Chamonix Vail Townhomes Approved Development Plan has been approved. • The development of the Chamonix Vail Townhomes has been completed. • The availability and affordability of resident-occupied, deed-restricted homes for Vail residents has become the #1 most critical issue facing the Vail community. • The Vail Town Council has since adopted the Vail Housing 2027 Strategic Plan and adopted a goal of acquiring 1,000 new deed-restrictions by the year 2027. 2. How is the original Plan in error? The plan is in error as it does not accurately acknowledge or fully recognize the permitted and conditional uses prescribed by the recommended zone district designation of Housing (H) District. The plan correctly recommends rezoning Parcel B to the Housing (H) District yet fails to acknowledge that free market dwelling units are allowed in the District when developed for the sole purpose of subsidizing the deed-restricted homes on the property. The Town provided a nearly $4M subsidy in the development of the Chamonix Vail Townhomes. Parcel D (Future Parcel E) was set aside on the recorded plat for future residential development. A portion, if not all, of that future residential development was intended to be free market dwelling units. 3. How the addition, deletion, or change to the plan are in concert with the master plan in general. The proposed amendment continues to achieve the intended outcome of the plan. As intended, the site was identified for deed-restricted homes for Vail residents. As such, and as recommended within the plan, the site was to be rezoned to the Housing (H) District. The Housing (H) District allows free market dwellings to be developed within the District. During the development of the Chamonix Vail Townhomes, Parcel D was identified as an area too costly to reasonably construct deed-restricted homes. To that end, Parcel D was set aside on the Final Plat for Chamonix Vail Community as a future site for residential development. The Vail Town Council, acting on behalf of the owner of the property, has instructed the Town staff to submit the applications necessary to facilitate the sale of future Parcel E, and, in doing so, ensure at least one additional deed-restricted home is constructed on the site. By intention, proceeds from the sale are intended to be used to offset the $4M financial subsidy provided by the Vail taxpayers to develop the Chamonix Vail Townhomes and to further advance the Town’s adopted housing goals. Following are several ways in which the Plan update is in concert with the master plan, and the Town’s comprehensive plan: Land Use • Adoption of this Plan helps to ensure that this advisory land use document is updated and current. • The proposed additional growth will be in an existing developed area. Housing November 19, 2019 - Page 36 of 130 Town of Vail 3/4/2014 Page 4 • The Plan helps to advance the Town’s goal of acquiring 1,000 additional resident housing deed restrictions by the year 2027. • The Plan helps the Town to provide housing to keep pace with the demands for a variety of housing types, and to upgrade the Town’s supply of employee housing. V. STAFF RECOMMENDATION Should the Vail Town Council choose to approve Resolution No. 46, Series of 2019, the Planning and Environmental Commission recommends the Council pass the following motion: ''The Vail Town Council approves Resolution No. 46, Series of 2019, A resolution adopting the 2019 Update to the Chamonix Master Plan and amend the Vail Land Use Plan pursuant to Section 8-3 Amendment Process, Vail Land Use Plan, to facilitate development consistent with the Housing (H) Zone District and setting forth details in regard thereto." VI. ATTACHMENTS A. Resolution No. 46, Series of 2019. B. Staff Memorandum, PEC19-0040, October 28, 2019 C. PEC Minutes, October 28, 2019 D. 2019 Update to the Chamonix Master Plan (red line) November 19, 2019 - Page 37 of 130 RESOLUTION NO. 46 Series of 2019 A RESOLUTION ADOPTING THE 2019 UPDATE TO THE CHAMONIX MASTER PLAN AND AMENDING THE VAIL LAND USE PLAN PURSUANT TO SECTION 8-3, AMENDMENT PROCESS, VAIL LAND USE PLAN, TO FACILITATE DEVELOPMENT CONSISTENT WITH THE HOUSING (H) ZONE DISTRICT WHEREAS, on February 6, 2009 the Vail Town Council adopted the Chamonix Master Plan, via Resolution 2, Series of 2009; WHEREAS, on October 28, 2019 the Town of Vail Planning and Environmental Commission forwarded a unanimous recommendation of approval of the Updated Chamonix Master Plan (the “Updated Plan”), attached hereto as Exhibit A, to the Town Council; WHEREAS, the Town Council finds that the adoption of the Updated Plan is keeping with the goals, objectives, and policies of the Town of Vail; and WHEREAS, the Town Council further finds that certain amendments to the Vail Land Use Plan are necessary to facilitate the development contemplated by the Updated Plan; and WHEREAS, the Town Council finds that the adoption of the Updated Plan and the Amendment of the Vail Land Use Plan are in the best interest of the Town as they promote the coordinated and harmonious development of the Town. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the Updated Plan in the form attached hereto as Exhibit A. Section 2. The Vail land Use Plan is hereby amended to read as follows: (text additions shown in bold): CMP Chamonix Master Plan Area Included in this category are those properties which are identified as being included in the Chamonix Master Plan boundaries. Properties located within this land use category shall be encouraged to develop, per the Master Plan recommendations, as it has been found necessary in order for Vail to remain a successful resort community. Uses and activities for these areas are intended to encourage a safe, convenient and pleasant resident experience. The range of uses and activities appropriate in the Chamonix Master Plan (CMP) land use category may include deed restricted employee housing, dwelling units permitted as conditional uses in the Housing (H) District, private recreation facilities, November 19, 2019 - Page 38 of 130 private parking facilities, and institutional/public uses such as a fire station and other municipal facilities to serve the needs of residents. Section 3. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 19th day of November 2019. _________________________ Dave Chapin, Town Mayor ATTEST: _____________________________ Tammy Nagel, Town Clerk November 19, 2019 - Page 39 of 130 TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 28, 2019 SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for an update to the Vail Land Use Plan, specifically the Chamonix Master Plan and the Chamonix Land Use Category and setting forth details in regard thereto. (PEC19-0040) Applicant: Town of Vail, represented by George Ruther, Housing Director Planner: Jonathan Spence I. SUMMARY The applicant, Town of Vail, represented by George Ruther, Housing Director, is requesting a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for an update to the Vail Land Use Plan, specifically the Chamonix Master Plan and the Chamonix Land Use Category. The purpose of the amendments is to facilitate development on the future Chamonix Vail Community Parcel E, a resubdivision of Parcels A and B, formerly a resubdivision of Tract D, Vail Das Schone Filing No. The purpose of this development is to generate revenue from the sale of the property to offset the nearly 4 million dollar Town of Vail subsidy provided for the development of the 32 Unit Chamonix Vail Townhome project. The majority of the amendments concern revisions to the premise in the Master Plan that all residential development within the Chamonix Master Plan boundaries be deed restricted. Based upon Staff’s review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for an update to the Vail Land Use Plan, specifically the Chamonix Master Plan and the Chamonix Land Use Category. II. DESCRIPTION OF REQUEST The applicant, Town of Vail, represented by George Ruther, Housing Director, is requesting a recommendation to the Vail Town Council, pursuant to Section 12-3-7, November 19, 2019 - Page 40 of 130 Town of Vail Page 2 Amendment, Vail Town Code, for amendments to the Vail Land Use Plan, specifically the Chamonix Master Plan and the Chamonix Land Use Category, to allow for non-deed restricted residential development. A standard criterion within the Vail Town Code for approval of most applications is compliance with the Vail comprehensive plan and other applicable plans. The Vail comprehensive plan is a compendium of plans that includes the Vail Land Use Plan, of which the Chamonix Master Plan is a component, in addition to other plans such as the Vail Village Master Plan and Lionshead Redevelopment Master Plan, to name but a few. In order to move forward with the applications necessary to facilitate development on future Chamonix Vail Community Parcel E, including Minor Subdivision, Zoning District Boundary Amendment and Amendments to the Chamonix Vail Community Development Plan, the Chamonix Master Plan and the Chamonix Land Use Category must first be amended. The proposed revisions to the Chamonix Master Plan are provided as a redline document as Attachment B. Changes are confined to pages 4 and 5 of the document. The Vail Land Use Plan contains a number of land use categories that are intended to indicate general types of land uses that should occur within the Town and are utilized as a planning tool to inform decision makers during planning processes. Categories include, but are not limited to LDR (Low Density Residential), LRMP (Lionshead Redevelopment Master Plan), CC (Community Commercial) and VVMP (Vail Village Master Plan). The proposed changes to the CMP (Chamonix Master Plan Area) to allow residential uses consistent with the Housing (H) District is shown below with new text in bold: CMP Chamonix Master Plan Area Included in this category are those properties which are identified as being included in the Chamonix Master Plan boundaries. Properties located within this land use category shall be encouraged to develop, per the Master Plan recommendations, as it has been found necessary in order for Vail to remain a successful resort community. Uses and activities for these areas are intended to encourage a safe, convenient and pleasant resident experience. The range of uses and activities appropriate in the Chamonix Master Plan (CMP) land use category may include deed restricted employee housing, dwelling units permitted as conditional uses in the Housing (H) District, private recreation facilities, private parking facilities, and institutional/public uses such as a fire station and other municipal facilities to serve the needs of residents. III. BACKGROUND The Town of Vail acquired the 3.6-acre “Chamonix Parcel” in October, 2002, for the purpose of constructing a fire station, employee housing and land banking. To achieve the Town’s goals the Town of Vail adopted the Chamonix Master Plan in 2005. The Master Plan outlined development areas for a fire station, employee housing and open space. November 19, 2019 - Page 41 of 130 Town of Vail Page 3 In 2007, the Town of Vail was able to acquire the adjacent former Wendy’s Site. It was determined the former Wendy’s Site was a more optimal location, from an emergency services perspective, for a future West Vail Fire Station. Based upon the acquisition of the new property, the Town of Vail determined it could better utilize the two parcels if a new, comprehensive master plan process was completed. A Request for Proposals to hire a new consultant team was issued in September, 2007. The Team of Stan Clauson Associates, Inc., Studio B Architects, and Drexel, Barrell & Co. were retained by the Town of Vail to develop a Chamonix Master Plan. On January 16, 2008 a “Kick-Off” meeting was held for the purpose of introducing the Chamonix Site Master Plan project to the Advisory Committee. The Advisory Committee, which was selected by Town of Vail staff as well as citizens, consisted of representative from the Town Council, the Planning and Environmental Commission, the Housing Authority, the Vail Fire Department, Community Development, and two Citizens at Large. Duties of the Advisory Committee consisted of reviewing previous master planning efforts produced for the Chamonix site, engaging in discussions on new opportunities and changed conditions to be considered during the new master planning effort, and issuing recommendations to the consultant team on the parameters that would guide the process and the creation of alternative development scenarios. Ultimately, a final version of the Chamonix Vail Master Plan was adopted by ordinance by the Vail Town Council in 2009 along with a corresponding revision to the Town of Vail Land Use Map and Land Use category. IV. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Town’s Comprehensive Plan are relevant to the review of this proposal. These documents identity the policy goals of the community and should be weighed against the proposed Master Plan to determine if the Plan is helping to advance the community’s priorities: VAIL TOWN COUNCIL ACTION PLAN 2018-2020 Our Mission - Grow a vibrant, diverse economy and community and preserve our surrounding natural environment, providing our citizens and guests with exceptional services and an abundance of premier recreational, cultural and educational opportunities. Community - Engage our community in honoring social, recreational, cultural, and educational values that will guide sustainable strategies throughout our neighborhoods as the foundation of our town’s continued success. Ensure that our citizens are afforded the opportunity to live and thrive in our community. • Housing as necessary infrastructure to our community Economy - Preserve our vibrant and diverse economy that keeps Vail at the forefront of our resort competitors. November 19, 2019 - Page 42 of 130 Town of Vail Page 4 • Update long range strategic plans to enhance competitiveness of the Town of Vail Experience - Deliver on the promise, “Vail. Like nothing on earth” that also supports “preserving our natural environment”. • Excellent municipal services • Convenient, efficient, and safe parking and transportation venues Sustainability - Balance our economic, environmental, and social needs to deliver a sustainable community. • Strategic implementation of environmental programs • Excellent stewardship by monitoring and maintaining our natural environment • Climate action to achieve reduction of greenhouse gas emissions • Reduce the environmental impact of transportation • Explore and encourage sustainable building practices VAIL LAND USE PLAN CHAPTER II – LAND USE PLAN GOALS / POLICIES: The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth / Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3. The quality of development should be maintained and upgraded whenever possible. November 19, 2019 - Page 43 of 130 Town of Vail Page 5 1.6. Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.10 Development of Town owned lands by the Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. 1.12. Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3. Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. VAIL HOUSING 2027 Goal: The Town of Vail will acquire 1,000 additional resident housing unit deed restrictions by the year 2027. These new deed restrictions will be acquired for both existing homes as well as for homes that are newly constructed by both the Town of Vail and private sector developers. Vision: An Eye on the Future - We envision Vail as a diverse, resilient, inclusive, vibrant and sustainable mountain resort community where year-round residents are afforded the opportunity to live and thrive. We take a holistic approach to maintaining community, with continuous improvement to our social, environmental, and economic well being. We create housing solutions by recognizing and capitalizing on our unique position as North America’s premier international mountain resort community in order to provide the highest quality of service to our guests, attract citizens of excellence and foster their ability to live, work, and play in Vail throughout their lives. November 19, 2019 - Page 44 of 130 Town of Vail Page 6 Our strategic solutions and actions result in the retention of existing homes, creation of new and diverse housing infrastructure, and collaboration with community partners. For Vail, no problem is insurmountable. With a consistent, community-driven purpose and an entrepreneurial spirit, Vail will lead the industry in innovative housing solutions for the 21st century. The Town is well positioned financially to undertake this significant challenge. Mission: Maintaining and Sustaining Community - We create, provide, and retain high quality, affordable, and diverse housing opportunities for Vail residents to support a sustainable year round economy and build a vibrant, inclusive and resilient community. We do this through acquiring deed restrictions on homes so that our residents have a place to live in Vail Policy Statement: Resident Housing as Infrastructure - We acknowledge that the acquisition of deed restrictions on homes for Vail residents is critical to maintaining community. Therefore, we ensure an adequate supply and availability of homes for residents and recognize housing as infrastructure in the Town of Vail; a community support system not unlike roads, bridges, water and sewer systems, fire, police, and other services of the municipal government. V. CRITERIA Amendments to the Chamonix Master Plan and related Land Use Category require a public hearing review process as outlined in Section 12-3-6 of the Vail Town Code. The role of the Planning and Environmental Commission is to hold a public hearing and make a recommendation to the Town Council on amendments to the Plan. Amendments to the Chamonix Master Plan, an element of the Comprehensive Plan, will need to be adopted by the passage of a resolution by the Vail Town Council. Amendments, or the adoption of new elements to the Comprehensive Plan must address the following review criteria: Amendments to a Master Plan The adoption of an amendment or update to a master plan needs to be in concert with the Town of Vail’s Comprehensive Plan. The adopted master plan shall support, strengthen, and further the development objectives of the town. To ensure consistency with these objectives, the following factors for consideration are applied. 1) How conditions have changed since the original plan was adopted; Conditions have changed substantially since the adoption of the Chamonix Master Plan more than a decade ago. In the time period since the adoption of the plan the following actions have taken place: • The West Vail Fire Station has been fully completed November 19, 2019 - Page 45 of 130 Town of Vail Page 7 • The Chamonix Vail Townhomes Approved Development Plan has been approved • The development of the Chamonix Vail Townhomes has been completed • The availability and affordability of resident-occupied, deed-restricted homes for Vail residents has become the #1 most critical issue facing the Vail community • The Vail Town Council has since adopted the Vail Housing 2027 Strategic Plan and adopted a goal of acquiring 1,000 new deed-restrictions by the year 2027 2) How is the original Plan in error? The plan is in error as it does not accurately acknowledge or fully recognize the permitted and conditional uses prescribed by the recommended zone district designation of Housing (H) District. The plan correctly recommends rezoning Parcel B to the Housing (H) District yet fails to acknowledge that free market dwelling units are allowed in the District when developed for the sole purpose of subsidizing the deed- restricted homes on the property. The Town provided a nearly $4M subsidy in the development of the Chamonix Vail Townhomes. Parcel D (Future Parcel E) was set aside on the recorded plat for future residential development. A portion, if not all, of that future residential development was intended to be free market dwelling units. 3) How the addition, deletion, or change to the plan are in concert with the master plan in general. The proposed amendment continues to achieve the intended outcome of the plan. As intended, the site was identified for deed-restricted homes for Vail residents. As such, and as recommended within the plan, the site was to be rezoned to the Housing (H) District. The Housing (H) District allows free market dwellings to be developed within the District. During the course of the development of the Chamonix Vail Townhomes, Parcel D was identified as an area too costly to reasonably construct deed-restricted homes. To that end, Parcel D was set aside on the Final Plat for Chamonix Vail Community as a future site for residential development. The Vail Town Council, acting on behalf of the owner of the property, has instructed the Town staff to submit the applications necessary to facilitate the sale of future Parcel E, and, in doing so, ensure at least one additional deed-restricted home is constructed on the site. By intention, proceeds from the sale are intended to be used to offset the $4M financial subsidy provided by the Vail taxpayers to develop the Chamonix Vail Townhomes and to further advance the Town’s adopted housing goals. Following are several ways in which the Plan update is in concert with the master plan, and the Town’s comprehensive plan: Land Use • Adoption of this Plan helps to ensure that this advisory land use document is updated and current. November 19, 2019 - Page 46 of 130 Town of Vail Page 8 • The proposed additional growth will be in an existing developed area. Housing • The Plan helps to advance the Town’s goal of acquiring 1,000 additional resident housing deed restrictions by the year 2027. • The Plan helps the Town to provide housing to keep pace with the demands for a variety of housing types, and to upgrade the Town’s supply of employee housing. VI. ENVIRONMENTAL IMPACTS No environmental impacts are existing or foreseen. VII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for an update to the Vail Land Use Plan, specifically the Chamonix Master Plan and the Chamonix Land Use Category, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council, the Community Development Department recommends the Commission pass the following motion: “The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for an update to the Vail Land Use Plan, specifically the Chamonix Master Plan and the Chamonix Land Use Category, and setting forth details in regard thereto. VIII. ATTACHMENTS A. Chamonix Vail Community Parcel E Application Narrative, 07-29-2019 B. Chamonix Vail Master Plan, as amended, 07-29-209 November 19, 2019 - Page 47 of 130 PLANNING AND ENVIRONMENTAL COMMISSION October 28, 2019, 1:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 1.Call to Order 1.1.Attendance Present: Brian Stockmar, Rollie Kjesbo, John-Ryan Lockman, Ludwig Kurz, Brian Gillette and Karen Perez Absent: Pam Hopkins 2.Main Agenda A quick update the Planning Manager Chris Neubecker has offered up his resignation and will be the Planning Director at Teton County.Brian Stockmar moved to commend Chris. Brian Gillette seconded the motion. 2.1.A request for a recommendation to the Vail Town Council, pursuant to Section 3-2-6A: Function, Vail Town Code, concerning adoption of the Vail Civic Area Plan, and setting forth details in regard thereto. (PEC19-0043) 60 min. Applicant:Town of Vail Planner:Matt Gennett Public hearing was opened and Matt Gennett started his presentation with reviewing the comments that were made at the previous meeting and the changes that were made. Sustainability moved up from 4th to the 2nd item. The architecture sentence was updated. John-Ryan had a question on a grammatical error on “energy savings measures”, that will be changed. Added uses for lionshead parking structure. Page 41, needed to add an “at a glance” for the program elements for various options. Sustainability action plan on page 69. Bullet #1 was changed to put in various changes. Next steps needed to be changed, and new text was added to meet the requirements. Perez wanted to make sure that it became a plan and not just a guiding principle. Still wants language added to be more of a plan. Staff made the comment that the language is added on page 56, left side, bottom of the column. All six review items were incorporated into the plan. Staff is recommending approval of the plan. Gillette – square footages corrected on the lot, and were the valuations corrected as well? Tom – Explained where the numbers from EPS came from. Gillette – All the revenue would be generated off-site is what you’re saying? Gillette – Questions on the DDA November 19, 2019 - Page 48 of 130 Tom – W anted to have numbers ready for Council after hearing with P E C. Stockmar – W hy not add a forward reference for the page that leads to the numbers. Tom – Explains more of what they had looked at based on comments. Stockmar – I s it clear that the P D remains in this location? Tom – W e wanted to make it clear that we could keep them here for now, but that it is an underutilized site. Perez – thanks the contractor for putting the new language together for the P E C. Stockmar – Reaffirms that they were important comments and glad they put them in. Gennett – this is a master plan and visioning document that sets a path forward to create a civic area in Vail. No public comments Commissioner Comments Lockman – Thank you for making the edits and your work. Stockmar – Pleased that the changes in the plan were made based on the P E C comments. Thanks for staff and Tom’s hard work. Ludwig Kurz moved to recommend approval. Karen Perez seconded the motion and it (6-0). Absent:(1)Hopkins 2.2.A request for review of a variance from Section 14-6-7, Retaining Walls, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a retaining wall in excess of six (6) feet tall at the Town of Vail Public Works facility located at 1289 Elkhorn Drive/Unplatted, and setting forth details in regard thereto. (P E C19-0041) The Applicant has requested that this item be tabled to the meeting of November 11, 2019. 5 min. Applicant:Town of Vail, represented by Victor Mark Donaldson Architects Planner:Chris Neubecker Brian Gillette moved to table to November 11, 2019. Rollie Kjesbo seconded the motion and it passed (6-0). Absent:(1)Hopkins 2.3.A request for review of a Conditional Use Permit pursuant to Section 12- 9C-3, Conditional Uses, Vail Town Code, in accordance with Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, to allow for an amendment to the conditional use permit for the Town of Vail Public W orks facility located at 1289 Elkhorn Drive/Unplatted, and setting forth details in regard thereto. (P E C19-0039) The Applicant has requested that this item be tabled to the meeting of November 11, 2019. 2 min. Applicant:Town of Vail, represented by Victor Mark Donaldson Architects Planner:Chris Neubecker Brian Gillette moved to table to November 11, 2019. Rollie Kjesbo seconded November 19, 2019 - Page 49 of 130 the motion and it passed (6-0). Absent:(1)Hopkins 2.4.A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for an update to the Vail Land Use Plan, specifically the Chamonix Master Plan and the Chamonix Land Use Category and setting forth details in regard thereto. (P E C19-0040) 15 min. Applicant:Town of Vail, represented by George Ruther, Housing Director Planner:J onathan Spence Spence – Next 6 applications part of one project. Stockmar – Can we have these all presented together? Spence – We can do that as long as they are in order. I tems 2.4, 5, 6, 7, 8, 9 will be included in this presentation, but voted individually. Spence presents the applications listing off the items that have been worked on. Amendment to master plan, variance to prohibition of building on steep lots in housing district, zoning amendment to have all of it under the housing district, minor sub to create parcel, partial development plan with it to come before P E C later, Conditional use permit to allow market rate development. Stockmar – I t has been clear that there is no intent to expand the Chamonix development into this parcel? Gennett – This will be separate from the Chamonix development. Stockmar – Matt confirmed that it isn’t an expansion of the townhomes. Spence – the amendments are minor. Stockmar- motion does not include anything about the date. I would like to have that added to the motion. Ludwig Kurz moved to recommend approval as presented today and dated J uly 29, 2019. Rollie Kjesbo seconded the motion and it passed (6-0). Absent:(1)Hopkins 2.5.A request for the review of a variance from Section 12-21-10 Development Restricted, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for development in the Housing Zoning District on a slope of forty percent (40%) or greater, located at 2420 Chamonix Lane/the western portion of Parcels B and the northern portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1 (Future Lot E, Chamonix Vail Community Subdivision), and setting forth details in regard thereto. (P E C19-0036) 15 min. Applicant:Town of Vail, represented by George Ruther, Housing Director Planner:J onathan Spence Spence presents explanation of why the variance is required for this zone district. Kurz – We are treating this piece of land the same as if it was privately owned. Spence – We are treating it the same as a primary/secondary lot. Stockmar – Can we add this to the housing district? Gillette – We seem to have more of the variances, than we haven’t. November 19, 2019 - Page 50 of 130 Spence – Staff recommended a text amendment and applicant preferred the variance approach. Ludwig Kurz moved to approve. Rollie Kjesbo seconded the motion and it passed (6-0). Absent:(1)Hopkins 2.6.A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of 2399 North Frontage Road West, Parcel A, a resubdivision of Tract D, Vail Das Schone Filing 1 from the General Use (GU) District to the Housing (H) District and setting forth details in regard thereto. (P E C19-0033) 15 min. Applicant:Town of Vail, represented by George Ruther, Housing Director Planner:J onathan Spence Spence presents explanation of application Stockmar- there is an extension to the west, has it ever been looked at for this? Spence – Please confirm what parcel you are referring to. Stockmar – Attachment A, there is a yellow shaded section and to the south, S E, does it make sense to look at it to change the zoning to add to this property for future development. We’d like to have staff think about the use of that land in the future. Brian Gillette moved to recommend approval. Rollie Kjesbo seconded the motion and it passed (6-0). Absent:(1)Hopkins 2.7.A request for review of a Minor Subdivision, pursuant to Section 13-4, Minor Subdivisions, Vail Town Code, to create Chamonix Vail Community Parcel E, a resubdivision of Parcels A and B, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1, and setting forth details in regard thereto. (P E C19-0032) 15 min. Applicant:Town of Vail, represented by George Ruther, Housing Director Planner:J onathan Spence 1. Prior to recording, the approved subdivision plat shall be amended to increase the eastern setback to twenty feet (20'). Ludwig Kurz moved to approve with conditions. Rollie Kjesbo seconded the motion and it passed (6-0). Absent:(1)Hopkins 2.8.A request for the review of an Amended Development Plan, pursuant to Section 12-6I -11, Development Plan Required, Vail Town Code, for amendments to the Chamonix Vail Community Development Plan, Parcel B and a northern portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1 and setting forth details in regard thereto. (P E C19-0035) 15 min. Applicant:Town of Vail, represented by George Ruther, Housing Director Planner:J onathan Spence 1. Approval of this amended development plan is contingent upon the developer of the property obtaining Town of Vail approval for a further November 19, 2019 - Page 51 of 130 amendment to the Chamonix Vail Development Plan with a finding that the development meets the required criteria 12-8I -13 A, B, C and D; and 2. Approval of this development plan is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 3. The development plan shall be amended to increase the eastern setback to twenty feet (20'). Spence presents the D P that will cover GRFA, setbacks and height allotment for this area. The full development plan will be done when a proposal for this land is brought forward. Gillette – W hy the small side setback? Spence – I nternal side setbacks are ten feet, only 20 ft at the edge of the district. Gillette – W hat is the distance between the townhomes in that area? Spence – Varies between 15 to more than 20 feet Stockmar – The area at the end of the road is used for storing snow. Spence – I t shouldn’t impact Parcel B Stockmar – Any issue with snow storage with this setup? Spence – There is adequate snow storage in Chamonix Rollie Kjesbo moved to approve with conditions. Brian Gillette seconded the motion and it passed (6-0). Absent:(1)Hopkins 2.9.A request for the review of a Conditional Use Permit, pursuant to Section 12-16, Conditional Use Permits, Vail Town Code, to allow for the construction of dwelling units within the Housing (H) zone district, located at located at 2310 and 2420 Chamonix Lane, Parcel B and a northern portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1and setting forth details in regard thereto. (P E C19-0034) 15 min. Applicant:Town of Vail, represented by George Ruther, Housing Director Planner:J onathan Spence 1. Approval of this conditional use permit is contingent upon the future developer obtaining Town of Vail approval for an amendment to the Chamonix Vail Development Plan with a finding that the architectural design of the new structure is compativle with the 32-unit Chamonix Townhouse development. Spence – This would allow market rate units to be created. Of the 6 items 2 are for recommendation to Town Council, the other 4 are final approval here at the P E C. Those four items are contingent on approval by the Town Council. Kurz – Procedural, is there an applicant representative here? I s there a profound reason that the applicant himself could not be here? Gennett – Town Council is the actual applicant, so any representative from Town can represent for them. Kurz – These are major applications and the direct applicant cannot be here. I f we did have questions we wouldn’t get the real answers from the applicant. Perez – W e had questions from last time that we wanted the applicant to be here to answer. W e haven’t gotten any new information like we would have liked. Gillette – Are there any other lots zoned housing? Spence – No. November 19, 2019 - Page 52 of 130 Stockmar – There could be more parcel zoned this in the future though. Spence – Currently Multi-family is not allowed on steep slopes, so this would be a policy change. Gillette – if we have this many variances then the language was probably wrong in the first place. Summary Comments Kurz – I voice my frustration that the main man was not here for the second time. I think this application is in keeping with what was proposed originally. The plan for selling part of the property to recoup funds is appropriate. I t is not overwhelming to the Chamonix or the general project. I ’m happy to move forward with this. Lockman – Agreed that there would be frustration in the process with not having George here again. Thought they were tabled so he could make it. Fine with moving forward with the proposals Perez – Echoing the concerns of commissioners, would have liked the presenter to be here. Gillette - Ok with the applications. Steep but the neighbors are way higher up and won’t be obscuring anyone. W ould have like to see more setback on the East side as the architecture will not be the same. I t would look better to be more separated. Stockmar – How wide is that tail? Spence – 10 ft Stockmar – Adding 10 feet wouldn’t be disastrous, making it a 20 ft setback. Lockman – Would it affect construction with that side being less steep? Gillette – I t makes more sense as you could have more area around the place to get machines Stockmar – I agree a larger setback would be appropriate. Spence – This can be done as part of the motion as a condition. Kjesbo – I agree about frustrations as Kurz. Stockmar – I too agree with what’s been said, and I support the package. Rollie Kjesbo moved to approve with conditions. Brian Gillette seconded the motion and it passed (6-0). Absent:(1)Hopkins 3.Approval of Minutes 3.1.October 14, 2019 P E C Results Ludwig Kurz moved to approve. Rollie Kjesbo seconded the motion and it passed (5-0). Abstain:(1)Gillette Absent:(1)Hopkins 4.Adjournment Rollie Kjesbo moved to adjourn. Brian Gillette seconded the motion and it November 19, 2019 - Page 53 of 130 passed (6-0). Absent:(1)Hopkins 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 November 19, 2019 - Page 54 of 130 Vail Land Use Plan Attachment F: Chamonix Master Plan Chamonix Master Plan 6 January 2009 Adopted by Resolution No. 2, Series of 2009 Amended July 29, 2019 Prepared For the Town of Vail by Formatted: Centered Formatted: Left F-1 November 19, 2019 - Page 55 of 130 Vail Land Use Plan Attachment F: Chamonix Master Plan Acknowledgements The Chamonix Area Master Plan Amendment is the result of over a year of work on the part of many individuals. Without the effort of the Vail Town Council, the Chamonix Advisory Committee, the Planning and Environmental Commission, the Vail Local Housing Authori ty, and Town of Vail Staff the Chamonix Area Master Plan would not have been completed. Vail Town Council Planning and Environmental Commission Dick Cleveland, Mayor Bill Pierce, Chair Andy Daly, Mayor Pro-Tem Rollie Kjesbo, Co-Chair Kevin Foley Michael Kurz Mark Gordon Sarah Robinson-Paladino Farrow Hitt Scott Proper Kim Newbury Susie Tjossem Margaret Rogers David Viele Chamonix Advisory Committee Vail Local Housing Authority Bob Armour Mark Ristow, Chair Jack Bergey Sally Jackle Andy Daly Steve Lindstrom Rollie Kjesbo Ethan Moore Ethan Moore Kim Newbury Mark Ristow Margaret Rogers David Viele Town of Vail Staff Consultants Stan Zemler, Town Manager Stan Clauson Associates, Inc. George Ruther, Community Dev. Director Studio B Architects Mark Miller, Vail Fire Chief Drexel, Barrell & Co. Craig Davis, Vail Fire Department Economic & Planning Systems November 19, 2019 - Page 56 of 130 Vail Land Use Plan Attachment F: Chamonix Master Plan Nina Timm, Housing Coordinator Scott Hunn, Former Project Planner Table of Contents 1. Project Scope 1 2. Process 3 A. Overview B. Advisory Committee C. Town Council Hearing D. Refinement of Schemes E. Sustainability 3. Final Recommendations 6 A. Advisory Committee B. Final Town Council Approval 4. Preferred Option 7 5. Procedural Requirements 9 6. Non-Preferred Options 9 7. Recommended Actions 12 8. Appendix 12 November 19, 2019 - Page 57 of 130 Vail Land Use Plan Attachment F: Chamonix Master Plan 1. PROJECT SCOPE The proposed design schemes for the Chamonix Master Plan Area were directed by the stated goals and objectives developed early in the community participation process. The consultant team of Stan Clauson Associates, Inc., Studio B Architects, and Drexel, Barrell & Co. identified a variety of opportunities and constraints from the unique physical characteristics of the Chamonix site. The inclusion of a fire station and student dormitory further complicated the layout and programmatic elements of the site design. The Master Plan Area is generally south facing and sloped and occupies a highly visible location off of the west Vail exit (Exit No. 173) from I- 70. Highway commercial and strip mall commercial development characterizes the uses off of the frontage road and Chamonix Road, with residential neighborhoods characterizing the use patterns off of Chamonix Lane. The Chamonix Master Plan Area is located near to bus stops on both the West Vail Red and Green Loop transit lines. Commercial and employment opportunities are located in the commercial areas within walking distance of the site. The Town Council identified eleven development goals to direct the master planning process. These goals were: • The site is to be used for development of a fire station and employee housing consistent with the provisions of the Housing (H) District. • Housing for student fire department employees should be considered in the design of the fire station. • An ambulance substation could be an ancillary use on the site. • Energy-efficient and sustainable design and construction techniques are November 19, 2019 - Page 58 of 130 Vail Land Use Plan Attachment F: Chamonix Master Plan important. Certification by a particular program (LEED, Green Globes) is to be investigated, although not mandatory. • 100 percent of housing developed should be deed-restricted, for-sale employee housing, with a mix of one-, two-, and three-bedroom units. Housing within the site shall be consistent with the permitted and conditional uses of the Housing (H) District. • The site should be optimized to provide the greatest amount of employee housing. To achieve this optimization, it is likely a financial subsidy will be required. • Re-zoning the site to Housing (H) District is preferred to allow flexibility in design and development and recommended by this plan.. • Additional traffic onto Chamonix Lane should be limited. • One-story of development along Chamonix Lane is acceptable. • All financing and phasing options will be considered, including the development of free-market homes, as allowed as conditional uses in the Housing (H) District, to offset the cost of construction. • New pedestrian circulation and access routes should be provided around the site, along Chamonix Road and/or Lane, to ensure connectivity of the surrounding neighborhood to other areas within West Vail. Existing pedestrian paths through the site are to be limited. The charge made by the Vail Town Council to “optimize the site” required that the planning concepts developed by the design team be evaluated in the context of adjacent uses. The ultimate goal was to provide a plan for the Chamonix Master Plan Area that balanced the concepts of density, neighborhood impact, and traffic and parking concerns with aesthetics, sustainability, and value in a way that would address the community need for additional affordable housing in a contextually appropriate way. The target group for the Chamonix development was families. The target group income was determined to fall within 60-120% of the Area Median Income (AMI) range for Eagle County, with a possible inclusion of incomes up to 140% of AMI. In current dollars, this equated to a household income range of $47,000 to $94,000, with a possible excursion to $110,000. Formatted: Indent: Left: 0.53" 2 November 19, 2019 - Page 59 of 130 Vail Land Use Plan Attachment F: Chamonix Master Plan An important component to the site plan for the Chamonix Master Plan Area was the inclusion of a new fire station. Members of the Town Council recommended the fire station be segregated from the residential use of the Chamonix development for safety and noise reasons. Dedicated access for emergency equipment was requested, as was the incorporation of a community room for public gathering. A student dormitory, to help alleviate the cramped conditions experienced by fire department recruits, was also requested. Finally, provisions for possible Ambulance District participation were to be considered. 2. PROCESS A. History of Chamonix Master Plan Area The Town of Vail acquired the 3.6-acre “Chamonix Parcel” in October, 2002, for the purpose of constructing a fire station, employee housing and land banking. To achieve the Town’s goals the Town of Vail adopted the Chamonix Master Plan in 2005. The Master Plan outlined development areas for a fire station, employee housing and open space. In 2007, the Town of Vail was able to acquire the adjacent former Wendy’s Site. It was determined the former Wendy’s Site was a more optimal location, from an emergency services perspective, for a future West Vail Fire Station. Based upon the acquisition of the new property, the Town of Vail determined it could better utilize the two parcels if a new, comprehensive master plan process was completed. A Request for Proposals to hire a new consultant team was issued in September, 2007. The Team of Stan Clauson Associates, Inc., Studio B Architects, and Drexel, Barrell & Co. were retained by the Town of Vail to develop this new Chamonix Master Plan. B. Overview During a period of six months, the consulting team developed three schemes. The three schemes, titled Neighborhood Block, Neighborhood Cluster, and Village Neighborhood, explored varying densities and internal character. Development of the three schemes benefited from informal and formal meetings with stakeholders and Town staff and from responses to a survey distributed to potential residents. Members of the consultant team also attended the Fire Chief Magazine “Station Style Design Conference” in Phoenix to broaden their understanding of current fire station design trends. Revisions to the three schemes were periodically presented to 3 November 19, 2019 - Page 60 of 130 Vail Land Use Plan Attachment F: Chamonix Master Plan the Advisory Committee for additional input and direction, and these refinements were subsequently presented to the Town Council. Information from the Town department heads was considered in the site planning and design guidelines for the development of the employee housing and fire station at the Chamonix Master Plan Area. Information from other sources was balanced with the input gained from the Focus Groups. C. Advisory Committee On 16 January 2008 a “Kick-Off” meeting was held for the purpose of introducing the Chamonix Site Master Plan project to the Advisory Committee. The Advisory Committee, which was selected by Town of Vail staff as well as citizens, consisted of representative from the Town Council, the Planning and Environmental Commission, the Housing Authority, the Vail Fire Department, Community Development, and two Citizens at Large. Duties of the Advisory Committee consisted of reviewing previous master planning efforts produced for the Chamonix site, engaging in discussions on new opportunities and changed conditions to be considered during the new master planning effort, and issuing recommendations to the consultant team on the parameters that would guide the process and the creation of alternative development scenarios. D. Town Council Hearing 4 November 19, 2019 - Page 61 of 130 Vail Land Use Plan Attachment F: Chamonix Master Plan The Town Council received an update on the work to date on 20 May 2008. The consultant team presented three schemes which ranged in total unit counts from 50 to 70 units. Optimizing the density of the site, the Council’s charge at the outset of the master planning effort, was not construed to mean that the maximum number of units possible for the site should be sought. Rather, the consultant team sought a balance between number of units and resident population, with special consideration given to the quality of the experience of living in and around the development. The Town Council instructed the design team to seek a middle path on density, considering internal views and character of the surrounding neighborhoods. There was also a discussion of unit sizes, with the Council inclining toward larger units of two, there and possibly four bedrooms. E. Refinement of Schemes Based on the Council’s comments and the request accommodate more family- oriented units, the schemes were refined to concentrate on the creation of two and three bedroom units. Units ranged in size from 768 sq. ft for 1-bedroom units, 1,292 sq. ft. for 2-bedroom flats, 1,333 sq. ft. for 2 bedroom lofts, 1,460 sq. ft. for 3-bedroom units to 1,632 sq. ft. for 3 bedroom duplex units. Because family housing was the stated focus of the development, one bedroom units were incorporated sparingly and generally used as “infill.” There was attention to the possibility of providing 4- bedroom units. While these were not included in the final unit mix, some units were designed with expansion potential, where a fourth bedroom could be finished later. F. Sustainability Various construction methods and site design techniques were discussed for the site which conformed to “green” practices. Both traditional on-site building methods as well as the use of offsite, factory built construction were considered for the ultimate construction of the housing structures. Based on discussions with the Advisory Committee, offsite, factory built construction became the preferred method due to the energy efficiencies as well as lower construction costs inherent with this construction method. Site design standards which focused on solar orientation, limits to site disturbance, brown-field development, open space preservation, access to transit, and on-site storm water retention were integrated into the three schemes as providing the basis for certifiably 5 November 19, 2019 - Page 62 of 130 Vail Land Use Plan Attachment F: Chamonix Master Plan sustainable construction practices. Certification of the project using a third-party certification program, such as the United States Green Building Council LEED certification process, was considered and was included in the cost estimates. The Advisory Committee determined that third- party certification would create potential advantages in the future marketing of the development, would leverage the green techniques used in the development to encourage or require other private developments to seek the same standards, and foster community pride. As a part of the third party certification process, on-site storm water detention, which would minimize impacts from impermeable surfaces at the Chamonix site to the municipal storm water system, was incorporated in to the design. 3. FINAL RECOMMENDATIONS A. Advisory Committee On 17 July 2008, the final Advisory Committee meeting was held. The consultants presented the final versions of the three schemes and, after discussing the schemes, the Advisory Committee members in attendance voted on their preferred scheme for recommendation to the Town Council. The “Village Neighborhood” scheme, which was the most dense scheme that featured an underground parking garage, received six of the ten votes cast, the “Neighborhood Block” plan received four of the ten votes cast, and the “Neighborhood Cluster” received none of the votes cast. While the Village Neighborhood became the elected preference of the Advisory Committee, a subsequent discussion after the vote tended to suggest that there was significant concern regarding the additional cost and maintenance of the sub-grade parking garage. This concern was noted and included in the report to Town Council. B. Final Council Approval On 5 August 2008, a final presentation of the three schemes was made to the Town Council. Following an update on the Advisory Committee recommendations the council voted six to one for the Neighborhood Block scheme as the preferred option. Reasons given for the preference for the Neighborhood Block scheme ranged from the middle density character of the scheme, the inclusion of open space, the mix of units, and the flexibility of unit layout. Council members voiced support for the third party certification of the project as well as for factory, off-site construction. 6 November 19, 2019 - Page 63 of 130 Vail Land Use Plan Attachment F: Chamonix Master Plan 4. PREFERRED OPTION Neighborhood Block A. Overview The Neighborhood Block scheme contains 58 units. The following unit mix was proposed: • No 1-bedroom units; • twenty, 2-bedroom flats; • sixteen, 2 bedroom lofts; 7 November 19, 2019 - Page 64 of 130 Vail Land Use Plan Attachment F: Chamonix Master Plan • eight, 3-bedroom units; and • fourteen, 3 bedroom duplexes. This unit mix provided for 81,696 sq. ft. of housing with a density of 16 dwelling units per acre. A main access street, which gained access to the site from Chamonix Road, bisected the site, with 3-bedroom duplexes on the north side and multi-family units on the south side. An alley offers secondary access to the multi-family units. The main street passed through the development to the fire station site. While access to the fire station was intended to be limited, this configuration allowed for dual points of access to the site, thus alleviating internal traffic congestion. The landscape plan located potential community gathering spots throughout the scheme. Semi-private, stepped courtyards were located between the duplex units. Turf areas were limited to large open spaces on the east and west ends of the development. The open space on the east end could be utilized for such uses as a dog park. Landscaping on the east end was kept away from the street to preserve sightlines at the Chamonix Road/Chamonix Lane intersection. The open space on the west end would provide a viewing area into the fire station operations. For safety reasons, the viewing area was segregated from the fire station by a series of low, landscaped walls. The landscape palette utilized native trees and shrubs. Aspens were situated along the northern edge of the site and gradually “spilled” through the spaces created by the structures. In these stands of aspen, a native understory of grasses (Thurber’s fescue, wheatgrass and blue-wild rye) was punctuated by forbs such as columbine, common lupine, golden banner, and strawberry. Along the southern portion of the site, where retention ponds were intended to hold and treat storm water runoff, more water-oriented plants took over. Blue spruce was planted densely to act as a screen to the commercial uses to the south and I-70 beyond. Shrub thickets of willow and birch filled in among the spruce. B. Fire Station The fire station design shown in the Neighborhood Block scheme was the consensus alternative of Fire District staff and the Advisory Committee. The building foundation itself provided 8 November 19, 2019 - Page 65 of 130 Vail Land Use Plan Attachment F: Chamonix Master Plan retention of the steep slopes to the north of the site, and thereby offered the most cost- effective site design. 5. PROCEDURAL REQUIREMENTS Following extensive analysis of both the Chamonix Parcel and the Wendy’s Site, staff determined the Official Land Use Map for the Town of Vail should be amended to reflect the new designation of Chamonix Master Plan Area. This effort was completed n 2009. The designation of Chamonix Master Plan Area is harmonious with the residential and commercial uses in the surrounding neighborhood and achieves the development goals listed above. Both properties were rezoned to reflect the development goals of the Chamonix Master Plan Area. The 3.6-acre parcel commonly known as the Chamonix Parcel was rezoned from Two-Family Primary/Secondary (P/S) zone district to Housing (H) zone district (Ordinance No. 27, Series of 2008)and the 1.25-acre former Wendy’s Site was rezoned from Commercial Core 3 (CC3) zone district to General Use (GU) zone district (Ordinance No. 26, Series of 2008) on November 18, 2008. Ultimately, the fire station itself will require the approval of a Conditional Use Permit by the Planning and Environmental Commission (PEC) in the General Use (GU) zone district as it is a conditional use rather than a permitted use in all zone districts. The master plan is intended to be used as the development guide for the Chamonix Master Plan Area. The plan identifies the location for the fire station and the employee housing. The plan locates the highest density employee housing to the south of the lower density employee housing. This layout ensures the greatest compatibility with the adjacent neighbors. Locating the fire station on the southern edge of the property also locates this more commercial type use farthest from residential development. 6. NON-PREFERRED OPTIONS A. Neighborhood Cluster Overview The Neighborhood Cluster scheme contained 50 units. Unit mix consisted of: 9 November 19, 2019 - Page 66 of 130 Vail Land Use Plan Attachment F: Chamonix Master Plan • four, 1-bedroom units; • eight, 2-bedroom flats; • sixteen, 2-bedroom lofts; • fourteen, 3-bedroom units; and • eight, 3-bedroom duplexes. The unit mix provided for 68,232 sq. ft. of housing with a density of 14 dwelling units per acre. A main access street, which gained access to the site from Chamonix Road, passed through the site to the fire station, again offering dual points of access. Access to the fire station was limited for safety reasons. Multi-family units were situated off the north and south side of the access road. Drives extend to the north off the main street to duplex units. The landscape plan, similar to the Neighborhood Block scheme, located community 10 November 19, 2019 - Page 67 of 130 Vail Land Use Plan Attachment F: Chamonix Master Plan gathering spots throughout the design. These community spots utilized terraced courtyards which were located off of internal pedestrian circulation routes. As with the Neighborhood Block scheme, turf areas were provided on the east and west ends of the development, connected by a pedestrian trail. The turf area on the eastern portion could be utilized for an amenity such as a dog park, while the western turf area offered a segregated vantage point of the fire station operations. B. Village Neighborhood Overview The Village Neighborhood scheme contained 70 units. This scheme offered a combination of lower density duplex and multifamily units and a multi-story, multi - family structure. Unit mix consisted of: • nine, 1 bedroom units; • thirty-two, 2 bedroom flats; 11 November 19, 2019 - Page 68 of 130 Vail Land Use Plan Attachment F: Chamonix Master Plan • no 2 bedroom lofts; • sixteen, 3 bedrooms; and • ten, 3 bedroom duplexes. The unit mix provided for 87,936 sq. ft. of housing with a density of 19 dwelling units per acre, the highest density of the three schemes. The main access to the site is via Chamonix Road. The entry road offered a traditional neighborhood lane, with duplex units to the north and multi -family units to the south. The lane terminated in the plaza located in the center courtyard of the multi-story, multi -family structure. The plaza was of a more urban character, with paving that allowed for pedestrian and occasional vehicular access as needed. A raised landscaped platform in the center offered a green gathering spot for residents. A parking structure was located below the plaza and provided parking for the residents of the multi-storied structure. The parking structure was accessed via a dedicated entrance off of the frontage road. As in the previous schemes, open space was provided on the eastern and western ends of the site, with similar possibilities for programming. 7. RECOMMENDED ACTIONS A. Amend the Vail Land Use Plan. • Planning and Environmental Commission recommendation on December 22, 2008 • Vail Town Council adoption, on first reading of Ordinance No. 1, Series of 2009, scheduled for January 6, 2009 B. Rezone the “Chamonix Parcel” to Housing (H) District. • Occurred on November 18, 2008 (Ordinance No. 26, Series of 2008) C. Rezone the “Wendy’s Site” to General Use (GU) District. • Occurred on November 18, 2008 (Ordinance No. 27, Series of 2007) D. Complete the final Chamonix Affordable Housing Development Cost and Revenue Analysis by Economic & Planning Systems. • Draft complete on December 9, 2008 E. Complete a site and unit mix specific market study to determine demand for the development, based on the pre-determined area median income target. • Initiated Phase II of contract with Economic & Planning Systems on December 16, 2008. Anticipated completion by February 15, 2009. 12 November 19, 2019 - Page 69 of 130 Vail Land Use Plan Attachment F: Chamonix Master Plan 8. APPENDIX A. Neighborhood Block Site Plan B. Chamonix Affordable Housing Development Cost and Revenue Analysis C. Vicinity Map 13 November 19, 2019 - Page 70 of 130 Vail Land Use Plan Attachment F: Chamonix Master Plan Appendix A 14 November 19, 2019 - Page 71 of 130 Vail Land Use Plan Attachment F: Chamonix Master Plan Appendix B CHAMONIX AFFORDABLE HOUSING DEVELOPMENT COST AND REVENUE ANALYSIS Prepared for: Town of Vail Prepared by: Economic & Planning Systems, Inc. December 9, 2008 15 November 19, 2019 - Page 72 of 130 Vail Land Use Plan Attachment F: Chamonix Master Plan TABLE OF CONTENTS PAGE I. Introduction ................................................................................................. 2 Project Background .......................................................................................... 2 Scope of EPS Analysis ........................................................................................ 2 II. Comparative Analysis ................................................................................ 3 Comparative Projects ....................................................................................... 3 III. Feasibility Analysis ....................................................................................... 9 Project Costs ....................................................................................................... 9 Project Revenues ............................................................................................. 10 Cost Scenerios .................................................................................................. 12 IV. Findings ...................................................................................................... 18 Cost Considerations ........................................................................................ 18 Unit Subsidy ....................................................................................................... 19 Buyer Lending Issues ........................................................................................ 19 Additional Considerations .............................................................................. 20 16 November 19, 2019 - Page 73 of 130 Vail Land Use Plan Attachment F: Chamonix Master Plan LIST OF TABLES PAGE Table 1 Total Project Costs .......................................................................... 10 Table 2 Affordability Calculation................................................................ 11 Table 3 Subsidy at Optimal AMI Levels ...................................................... 13 Table 4 AMI Levels for Stick Build & Standard Subsidy ............................ 14 Table 5 AMI Levels for Modular & Standard Subsidy ............................... 15 Table 6 Incomes Required to Cover Costs of Stick Built Construction . 16 Table 7 Incomes Required to Cover Costs of Modular Construction ... 17 Table 8 Summary of Findings....................................................................... 18 17 November 19, 2019 - Page 74 of 130 Chamonix Master Plan I. INTRODUCTION The proposed Chamonix affordable housing project site is located on Chamonix Lane in close proximity to the West Vail interchange. The Town purchased the site several years ago for the purpose of constructing housing. The former Wendy’s site was purchased more recently for the purpose of constructing a fire station. Collectively, the two sites total 5.5 acres and are slated for housing and the fire station. Surrounding land uses in the area consist of highway oriented commercial development. Further north from the highway along Chamonix Lane, the land use pattern is composed of both single family and multi family residential uses. PROJECT BACKGROUND The Town of Vail recently retained Stan Clauson Associates, Inc. to complete a site plan and cost estimation for an affordable housing project on the Chamonix site. As part of the work, Clauson identified three possible development programs with varying levels of density and building types. Clauson’s work also estimated costs associated with construction, engineering, and landscaping of the scenarios for both stick built and modular construction. In addition, the report considered additional costs and fees associated with achieving LEED certification. The analysis was completed in the fall of 2008. From this work, the Town Council identified scheme 1, Neighborhood Block, as the favored development program. Included in this program are 58 total units with an overall density of 16 dwelling units per acre. The project cost estimated by Stan Clauson ranges from $16.7 to $23.3 million depending upon the building construction method. As part of the evaluation of the project, the Town seeks to develop a full understanding of any and all costs in addition to land costs that may occur throughout the course of the project’s implementation. SCOPE OF EPS ANALYSIS Economic & Planning Systems (EPS) was retained by the Town of Vail to conduct a feasibility study of the project, building on the work done by Stan Clauson Associates. First, EPS researched comparable projects within Summit County, the Roaring Fork Valley, and Eagle County to identify prominent factors influencing the overall economics of a number of projects. Second, EPS modeled potential Chamonix project revenue based on targeted AMI levels. Project revenue was then compared to estimated costs, including additional cost factors identified by EPS, to determine the AMI requirements needed to provide sufficient revenue to make the project feasible. 2 November 19, 2019 - Page 75 of 130 Chamonix Master Plan II. COMPARATIVE ANALYSIS EPS compiled comparative cost information for seven projects in the Roaring Fork Valley, Summit County, and Eagle County based on interviews with project representatives. This section discusses the individual projects and then summarizes the relevant findings. COMPARATIVE PROJECTS SUMMIT COUNTY Vic’s Landing The Vic’s Landing project is located in the Town of Breckenridge across from the Breckenridge Golf Course on Tiger Road. The project was spurred by an annexation request by the developer, Tom Silengo, and the corresponding request for water taps. As part of the annexation, the Town’s inclusionary housing requirement was triggered. The Town required the developer to construct 24 affordable units in exchange for entitlements for 12 market rate units. Town contribution to the project viability was limited to fee waivers and the entitlement of the 12 market units. The project is evenly split between one- and two-bedroom units with target AMI levels of 80 and 100 percent. The 24-unit project consists of six four-plexes. One-bedroom units are priced at $185,000 and target income levels at 80 percent of AMI. Two-bedroom units target both 80 and 100 percent of AMI and are priced at $229,500 and $285,000 per unit. Among other standards, the deed restriction limits annual appreciation to three percent or the increase in local AMI, dependant upon whichever measure is higher. In addition, resales of the units are subject to income testing on the part of the buyer with a 10 percent income level tolerance. Closings began in April of 2008. The one-bedroom units in the project are sold out. Approximately half of the two bedroom units are sold. It should be noted that the two bedroom units were completed later and thus have been impacted to a greater degree by current credit restrictions. Federal Housing Administration (FHA) approval of the project was not originally sought, although an effort on the part of the developer is currently being made to receive approval. The approval is expected to broaden market demand as buyer financing will become more available. 3 November 19, 2019 - Page 76 of 130 Chamonix Master Plan Valley Brook Valley Brook is a project in the final planning stages also located in the Town of Breckenridge on northeast corner of Airport Road and Valley Brook Street. The proposed project is being developed on a fee basis by Mercy Housing Colorado as a result of a Town issued RFQ in November 2007. As currently proposed, the project includes 42 units targeting income levels at 80 and 100 percent of AMI. The project is composed of two- and three-bedroom units in two-story townhomes. Approximately 52 percent of the units are targeted for AMI of 80 percent or less and 48 percent of the units are targeted for AMI of 100 percent or less. Units at 80 percent range in price from $133,000 to $160,000 per unit. Prices at 100 percent range from $200,000 to $250,000. Similar to Vic’s Landing, the deed restriction limits annual appreciation to three percent or the percent by which AMI increases. Hard costs are currently estimated at $184 per square foot with total a total square foot cost of $230 per square foot for hard and soft costs as well as site work. The cost excludes land and off-site costs. Construction prices have increased approximately 10 percent from the time of that the project was initially bid. However, both the developer and representatives from the Town expect to benefit from a downward renegotiation of costs. The developer is charging a one-time fee equivalent to approximately four percent of total costs, although a 10 percent fee is typically used by the developer. The project is being developed with a high level of subsidy with contributions from town, state, and federal sources. In total, it is estimated that grant funding will account for $4.7 million of the project’s budget, or approximately 38 percent of total costs, which does not include costs of land (which was contributed to the project by the Town). The subsidy figure does include fee waivers by the Town. In addition, the Town may also contribute an additional subsidy in grant funding. At this time, the subsidy per unit is estimated at $117,000 per unit. Roaring Fork Valley Rodeo Place The Town of Snowmass has recently completed the first homes in Rodeo Place, a 27-unit affordable housing development located near the Rodeo Grounds. The project is located within the Town of Snowmass, approximately half the distance between the base area and Highway 82, and is highly visible to traffic along Brush Creek Drive. The project consists of 20 single family homes, two duplexes, and one triplex. Phase I accounts for 15 of the 27 total units. The Town finished and closed six units in the fall of 4 November 19, 2019 - Page 77 of 130 Chamonix Master Plan 2008 and plans to have the balance of Phase I completed by the spring of 2009. The homes are modular. Town staff noted that there have been problems coordinating the site work and the manufacturer resulting in project delays and cost increases. Nevertheless, the Town staff is pleased with the overall process and the quality of the architectural design. The Town did not established AMI targets for the prospective residents but relied on surveys of interested households to derive home prices. Approximately 50 to 60 households with at least one full-time employee based in Snowmass expressed interest in the project. Most of these households have maintained interest in the project since the surveys were first distributed in mid 2007. The deed restriction, which limits appreciation to three percent per year (among other terms), has caused some prospective purchasers to drop out of the process. However, because housing options are limited (particularly in Snowmass), most households have maintained their participation throughout the development process and the pool of buyers has remained sufficiently large to provide adequate demand. Based on the response to surveys, homes were designed to fall into a price range spanning from $300,000 to $550,000 per unit (which translates to an AMI of approximately 140 to more than 250 percent). The small single family homes and duplexes are priced at $300,000, for 1,400 square feet of finished living area plus 700 square feet of basement floor area ($214 per square foot, finished). Medium sized single family homes are priced from $425,000 to $450,000 for 1,800 square feet, plus 900 square feet of basement area ($229 per finished square foot). The largest are priced at $550,000 for 2,150 square feet plus 950 of basement floor area ($256 per square foot, finished). Basements were not an optional feature, as the Town mandated that they be included in each home. The requirement not only ensures adequate storage, but also creates additional bedroom area to be used for sublets and/or roommates, increasing the number of employees that can be housed locally. The construction costs range from $210 to $225 per square foot and covers only vertical costs. The Town absorbed costs for all on-site infrastructure improvements as well as soft costs related to the site engineering and architectural design. While staff did not have specific costs for these services, they estimate a 25 percent increase for these costs resulting in a total cost of $262 to $281 per square foot. The Town had acquired the land previously and contributed the cost of the land as a form of subsidy. Subsidies range from $33,000 to $80,000 per unit based on an average construction cost of $271 per square foot. The smaller units generate $300,000 of revenue while construction costs total $380,000 (1,400 * 271), resulting in a net subsidy of $80,000. The medium sized units required a subsidy of $50,000 and the largest units were subsidized by $33,000. The average among all three unit types is $54,000. 5 November 19, 2019 - Page 78 of 130 Chamonix Master Plan Burlingame Ranch Burlingame Ranch is a 21.5 acre affordable housing development in the Town of Aspen located off Highway 82 to the north of the Bar/X Ranch. The project is entirely dedicated to affordable housing and planned to be developed over three phases and will include a total of 236 units. To date, 91 units have been constructed on the site. Income targets for the project range widely, although the majority of the units accommodate income levels that range from approximately 80 to 140 percent of AMI. (Note that the Aspen Housing Office sets its own median income and corresponding AMI levels. The targets shown here are approximate.) The first phase of development includes 15 one bedroom units, 30 two bedroom units, 39 three bedroom units, and 7 single-family lots. Most of the units are townhomes. In addition to the identified income limits, residents are also required to earn a minimum of 75 percent of their yearly income within Pitkin County. The units are deed restricted to three percent annual appreciation or the percent by which the Consumer Price Index (CPI) increases. All 91 units included in the first phase have been sold. An extensive audit of Phase I costs in Burlingame Ranch was completed as a result of a brochure that was published in 2005 misstating the total cost of the project to the public. The average sales price per unit (including lots) for the project was approximately $230,000. Hard costs for the project averaged $170 per square foot with an average total cost of $202 per square foot of hard and soft costs (which exclude land, off-site, and mitigation costs). Including land and all other costs, such an off-site infrastructure, mitigation, and community benefits, the total project cost $236 per square foot. The project’s audit indicates a per unit subsidy of $331,567, or approximately 59 percent of the project’s costs. This contrasts with an anticipated subsidy of $184,455 per unit. The increase is largely attributable to programmatic changes made by Council as well as shifting AMI targets to lower levels. The project costs increased by $11.7 million, resulting in relatively high per unit subsidies. Iron Bridge Iron Bridge is an affordable housing development located in Garfield County between Carbondale and Glenwood Springs. The affordable component of the project is part of the larger 300 home development by Iron Bridge Homes, LLC. The inclusion of affordable units in the development was a requirement of Garfield County’s inclusionary housing ordinance triggered by the developer’s request for a Planned Unit Development (PUD) density increase. A total of 30 deed restricted affordable single family units were required. County representatives expect 24 to be completed on site and another six to be addressed via fees-in-lieu. 6 November 19, 2019 - Page 79 of 130 Chamonix Master Plan The affordable units are all comprised of 3-bedroom 2-bath units with an average size of 1,430 square feet. The units are targeted to families earning 80 percent or less of AMI and working in Garfield County. The units are priced at $230,000 as a result of calculation of AMI based on a 6-person family. Garfield County has since amended their ordinance to limit the amount of people able to be included in the AMI calculation and maintain lower price points. The units are deed restricted to three percent annual appreciation or the percent by which the Consumer Price Index (CPI) increases (among other requirements). Sales within the affordable component have been slow, as the developer has closed on only four units However, the balance of the project is under contract and the remaining 20 units are awaiting their certificate of occupancy which has been delayed as a result of the involvement of Lehman Brothers in the construction loan. As a result, the completion of the units and release has been delayed several months. No County or other public subsidy was used in the construction of the units. Developer representatives report that their approach was to sell the units at the cost of vertical construction and shift costs related to land, infrastructure, and soft costs to the market rate portion of the development. Vertical construction costs are estimated range from $160 to $175 per square foot. The project is not currently FHA approved, although the developer and County are investigating the measures necessary to become approved. EAGLE COUNTY Stratton Flats Stratton Flats is a 47-acre housing development located in the Town of Gypsum south of Hwy 6 on the northwest side of the Eagle County Regional Airport. The developer for the project is Meritage Development Group. At build-out the 339 unit project will include 152 single family homes, 118 townhomes, and 69 condominiums of which 226 will include deed restrictions. At this time, a total of seven units have been permitted on the 47.3 acre site. The affordable units target income levels at 140 percent of AMI and are evenly divided between Town of Gypsum and Eagle County deed restrictions. The Gypsum restriction limits income to 140 percent of AMI and requires that buyers earn 85 percent of their income in Eagle County. The Eagle County deed restriction limits income to 140 percent of AMI and includes a cap on annual appreciation based on the increase to the local AMI. Units with the less restrictive Town of Gypsum deed restriction are priced at approximately $320,000 to $350,000 for townhomes and between $180,000 and $245,000 for condominiums. Units with the Eagle County restriction are priced at $350,000 for single family units, $300,000 to $330,000 units for townhomes, and between $180,000 and 7 November 19, 2019 - Page 80 of 130 Chamonix Master Plan $245,000 for condominiums. Market rate units range from $400,000 to $430,000 for single- family homes and between $340,000 and $380,000 for townhomes. To date, the developer has written 8 contracts for units in the project. The developer reported that approximately 80 people had pursued loans without success. As a result, the developer has pursued and recently received FHA approval, which allows for 97 percent Loan-to- Value buyer financing. The project was completed using modular construction at a total cost of $200 per square foot. From the time of initially ordering the modular units through the current point in the construction process, the developer reported a cost increase of eight percent. Within the Gypsum deed restricted units, there is a per unit subsidy of approximately $23,000 which was provided in the form of fee waivers by the Town. Eagle County units required higher subsidies of approximately $23,000 of waived Town of Gypsum fees plus $40,000 per unit which was provided through a $4.5 million equity investment in the project by Eagle County in the form of a subordinated position. Eagle Ranch Village Eagle Ranch Village is a land development project by East-West Partners located in the Town of Eagle off Grand Avenue on Sylvan Lake Road. The project includes approximately 60 units which were constructed as part of the Town’s inclusionary housing ordinance and were constructed approximately five to six years ago. The affordable units within the project are housed in four-plexes within the Sylvan Square development, which is part of a larger development that includes single-family houses, entitled lots, and additional multifamily housing. The affordable units sold for approximately $300,000 per unit as compared to market rate units within the project that sold for approximately $350,000 per unit. Hard costs within the project were approximately $180 per square foot for vertical construction only. Soft costs accounted for approximately 20 percent of hard costs resulting in a total cost to approximately $216 per foot. The developer of the affordable units reported that no profit margin was received on the affordable units. No income restrictions exist on the units. The deed restriction requires that residents must live and work in Eagle County and limits annual appreciation to three percent or CPI, although this provision is waived if the seller cannot find a buyer. The Eagle County Housing Authority has the first right of purchase from the owner. The affordable units were provided a development subsidy through a land donation by East-West Partners as well as a 0.2 percent transfer fee on the market rate units. The fee is allocated by a community housing committee to individual units. Including land and the transfer fee, the total subsidy in Sylvan Square was approximately $50,000 per unit. 8 November 19, 2019 - Page 81 of 130 Chamonix Master Plan III. FEASIBILITY ANALYSIS EPS conducted a financial analysis to provide a full indication of the costs the Town of Vail will incur in the development of the Chamonix site. EPS analyzed potential revenues from varying AMI levels and projected the per unit subsidies needed to finance the project. Project Costs Town Council has indicated a preference for Scheme 1 of the Stan Clausen proposals which includes 36 two-bedroom and 22 three-bedroom units for a total of 58 units. EPS compiled the cost information provided by the consultant with line items for a developer’s fee and contingency consideration. With these factors added to the original estimate, the total construction cost for the “stick built” Option A is $29,523,540. The cost for the modular built Option B is $21,844,116, as shown on the following page in Table 1. 9 November 19, 2019 - Page 82 of 130 Chamonix Master Plan Table 1 Total Project Costs Chamonix Affordable Housing Costs and Revenue Analysis Project Revenues EPS estimated appropriate sales prices based upon an Average Median Income (AMI) of $75,000 for a household of three in Eagle County, as shown in Table 2. Target home prices range from approximately $228,000 at 80 percent of AMI to $407,300 at 140 percent AMI. Sources & Uses Option A Option B Total Square Feet 81,696 81,696 Program 1 Bedroom 0 0 2 Bedroom 36 36 3 Bedroom 22 22 Subtotal 58 58 Costs Cost Factor Engineering $848,328 $848,328 Engineering Services 7.0%59,383 59,383 Construction 23,283,360 16,747,680 Landscaping 748,552 748,552 LEED Certification 135,420 135,420 Subtotal $25,075,043 $18,539,363 Cost per Square Foot $307 $227 Contingency Engineering Contingency 15.0%$127,249 $127,249 Construction Contingency 1 10.0%2,328,336 1,674,768 Landscaping Contingency 15.0%112,283 112,283 Subtotal $2,567,868 $1,914,300 Fees LEED Certification Fee 0.5%125,375 92,697 Developer Fee 1 7.0%$1,755,253 $1,297,755 Subtotal $1,880,628 $1,390,452 Total Costs $29,523,540 $21,844,116 1 EPS additions to Stan Clauson estimate Source: Economic & Planning Systems, Stan Clauson Associates H:\18887-Vail Chamonix Housing Site Feasibility Analysis\Data\[18887 - AMI Eagle County.xls]Costs Neighborhood Block 10 November 19, 2019 - Page 83 of 130 Chamonix Master Plan Table 2 Affordability Calculation Chamonix Affordable Housing Costs and Revenue Analysis Description Factor 80%90%100%110%120%130%140% Maximum Income 2 Bedroom $60,320 $67,860 $75,400 $82,940 $90,480 $98,020 $105,560 3 Bedroom $60,320 $67,860 $75,400 $82,940 $90,480 $98,020 $105,560 Housing Payment Capacity Monthly Payment 30%$1,508 $1,697 $1,885 $2,074 $2,262 $2,451 $2,639 Less: Insurance $600 / Year -$50 -$50 -$50 -$50 -$50 -$50 -$50 Less: Property Taxes 0.50%-$90 -$100 -$110 -$120 -$130 -$140 -$150 Net Available for Debt Service $1,368 $1,547 $1,725 $1,904 $2,082 $2,261 $2,439 Affordability Target Loan Amount 7% interest $205,600 $232,500 $259,300 $286,100 $312,900 $339,800 $366,600 Loan Term 30 Years 30 Years 30 Years 30 Years 30 Years 30 Years 30 Years Down Payment 10%10%10%10%10%10%10% Loan : Value Ratio 90%90%90%90%90%90%90% Target Affordable House Price $228,400 $258,300 $288,100 $317,900 $347,700 $377,600 $407,300 Source: HUD; Economic & Planning Systems H:\18887-Vail Chamonix Housing Site Feasibility Analysis\Data\[18887 - AMI Eagle County.xls]OwnrAfford 2 & 3 Bedroom 11 November 19, 2019 - Page 84 of 130 Chamonix Master Plan COST SCENERIOS The total amount of revenue available to the project was determined by the number of units within the project dedicated to each income level. Total income was then compared to the total project cost to determine the net difference. This amount provides the basis of the estimate of subsidy per unit for the proposed Chamonix project in three scenarios. For this analysis, the costs are based on the San Clauson report. Stick built construction is assumed to cost $285 per square foot and modular is assumed to cost $205 per square foot. The field research indicates that these may be overly conservative at this time and that a lower cost figure may be reasonable. In the analysis that follows, the original cost figures have been maintained. It is recommended that the feasibility analysis be rerun with lower figures after the Town has had the opportunity to review them. The first scenario examined an optimal level of affordability with half of the units targeting households at 80 percent of AMI and half at 100 percent AMI. The second scenario determines the price points necessary to reach a per unit subsidy consistent with the comparative projects in the region. The third scenario examines the per unit prices needed for the project to break even. In the tables that follow, Scenario A refers to stick built construction costs and Scenario B is based on modular costs. 12 November 19, 2019 - Page 85 of 130 Chamonix Master Plan OPTIMAL AMI TARGET An optimal AMI level of 80 and 100 percent of AMI was used in this analysis. At these levels a stick built project requires a per unit subsidy of approximately $251,000 per unit, as shown in Table 3. Modular construction at these incomes requires a per unit subsidy of $118,000. Table 3 Subsidy at Optimal AMI Levels Chamonix Affordable Housing Costs and Revenue Analysis Revenue Sources Option A Option B 2 Bedroom % of Total 80% AMI - 2 Bdrm.50%4,111,200 4,111,200 90% AMI - 2 Bdrm.0%0 0 100% AMI - 2 Bdrm.50%5,185,800 5,185,800 110% AMI - 2 Bdrm.0%0 0 120% AMI - 2 Bdrm.0%0 0 130% AMI - 2 Bdrm.0%0 0 140% AMI - 2 Bdrm.0%0 0 Subtotal 100%9,297,000 9,297,000 3 Bedroom 80% AMI - 3 Bdrm.50%2,512,400 2,512,400 90% AMI - 3 Bdrm.0%0 0 100% AMI - 3 Bdrm.50%3,169,100 3,169,100 110% AMI - 3 Bdrm.0%0 0 120% AMI - 3 Bdrm.0%0 0 130% AMI - 3 Bdrm.0%0 0 140% AMI - 3 Bdrm.0%0 0 Subtotal 100%5,681,500 5,681,500 Total Revenue $14,978,500 $14,978,500 Project Profit/Loss Square Feet ($178.04)($84.04) Unit ($250,777)($118,373) Total ($14,545,040)($6,865,616) Source: Economic & Planning Systems, Stan Clauson Associates H:\18887-Vail Chamonix Housing Site Feasibility Analysis\Data\[18887 - AMI Eagle County.xls]Revenues Neighborhood Block 13 November 19, 2019 - Page 86 of 130 Chamonix Master Plan TYPICAL SUBSIDY Based on the research of regional projects, a representative per unit subsidy for stick built construction in a project with only affordable units is approximately $120,000 per unit. A typical subsidy for modular construction is approximately $30,000 per unit. To reach a typical stick built subsidy, the program required units to be evenly split between 130 and 140 percent of AMI, as shown in Table 4. At these income levels, the project could be feasible with a per unit subsidy of approximately $117,000. Table 4 AMI Levels for Stick Build & Standard Subsidy Chamonix Affordable Housing Costs and Revenue Analysis Revenue Sources Option A 2 Bedroom % of Total 80% AMI - 2 Bdrm.0%0 90% AMI - 2 Bdrm.0%0 100% AMI - 2 Bdrm.0%0 110% AMI - 2 Bdrm.0%0 120% AMI - 2 Bdrm.0%0 130% AMI - 2 Bdrm.50%6,796,800 140% AMI - 2 Bdrm.50%7,331,400 Subtotal 50%14,128,200 3 Bedroom 80% AMI - 3 Bdrm.0%0 90% AMI - 3 Bdrm.0%0 100% AMI - 3 Bdrm.0%0 110% AMI - 3 Bdrm.0%0 120% AMI - 3 Bdrm.0%0 130% AMI - 3 Bdrm.50%4,153,600 140% AMI - 3 Bdrm.50%4,480,300 Subtotal 50%8,633,900 Total Revenue $22,762,100 Project Profit/Loss Square Feet ($82.76) Unit ($116,577) Total ($6,761,440) Source: Economic & Planning Systems, Stan Clauson Associates H:\18887-Vail Chamonix Housing Site Feasibility Analysis\Data\[18887 - AMI Eagle County.xls]Revenues Neighborhood Block 14 November 19, 2019 - Page 87 of 130 Chamonix Master Plan Modular construction affords a greater flexibility in the program required to reach typical subsidies. When 50 percent of units are priced for 120 percent AMI and the remaining units are divided between 110 and 130 percent AMI, a per unit subsidy of approximately $33,000 is needed, as shown in Table 5. Table 5 AMI Levels for Modular & Standard Subsidy Chamonix Affordable Housing Costs and Revenue Analysis Revenue Sources Option B 2 Bedroom % of Total 80% AMI - 2 Bdrm.0%0 90% AMI - 2 Bdrm.0%0 100% AMI - 2 Bdrm.0%0 110% AMI - 2 Bdrm.30%3,496,900 120% AMI - 2 Bdrm.50%6,258,600 130% AMI - 2 Bdrm.20%2,643,200 140% AMI - 2 Bdrm.0%0 Subtotal 100%$12,398,700 3 Bedroom 80% AMI - 3 Bdrm.0%0 90% AMI - 3 Bdrm.0%0 100% AMI - 3 Bdrm.0%0 110% AMI - 3 Bdrm.30%2,225,300 120% AMI - 3 Bdrm.50%3,824,700 130% AMI - 3 Bdrm.20%1,510,400 140% AMI - 3 Bdrm.0%0 Subtotal 100%$7,560,400 Total Revenue $19,959,100 Project Profit/Loss Square Feet ($23.07) Unit ($32,500) Total ($1,885,016) Source: Economic & Planning Systems, Stan Clauson Associates H:\18887-Vail Chamonix Housing Site Feasibility Analysis\Data\[18887 - AMI Eagle County.xls]Revenues Neighborhood Block 15 November 19, 2019 - Page 88 of 130 Chamonix Master Plan MINIMAL SUBSIDY The following two tables test hypothetical scenarios in which the Town pays the least amount of subsidy. For stick built construction, the project requires a subsidy of $102,000 per units even if 100 percent of the units are sold at 140 percent of AMI, as shown in Table 6. Table 6 Incomes Required to Cover Costs of Stick Built Construction Chamonix Affordable Housing Costs and Revenue Analysis Revenue Sources Option A 2 Bedroom % of Total 80% AMI - 2 Bdrm.0%0 90% AMI - 2 Bdrm.0%0 100% AMI - 2 Bdrm.0%0 110% AMI - 2 Bdrm.0%0 120% AMI - 2 Bdrm.0%0 130% AMI - 2 Bdrm.0%0 140% AMI - 2 Bdrm.100%14,662,800 Subtotal 0%14,662,800 3 Bedroom 80% AMI - 3 Bdrm.0%0 90% AMI - 3 Bdrm.0%0 100% AMI - 3 Bdrm.0%0 110% AMI - 3 Bdrm.0%0 120% AMI - 3 Bdrm.0%0 130% AMI - 3 Bdrm.0%0 140% AMI - 3 Bdrm.100%8,960,600 Subtotal 0%8,960,600 Total Revenue $23,623,400 Project Profit/Loss Square Feet ($72.22) Unit ($101,727) Total ($5,900,140) Source: Economic & Planning Systems, Stan Clauson Associates H:\18887-Vail Chamonix Housing Site Feasibility Analysis\Data\[18887 - AMI Eagle County.xls]Revenues Neighborhood Block 16 November 19, 2019 - Page 89 of 130 Chamonix Master Plan The Town could hypothetically achieve feasibility with minimal subsides using modular construction costs, as shown in Table 7. The sales modular constructed units are cost neutral when 40 percent and 50 percent of units are targeted for incomes of 130 and 140 percent of AMI, respectively. At these sales prices a small number of units can be devoted to 120 percent of AMI. Table 7 Incomes Required to Cover Costs of Modular Construction Chamonix Affordable Housing Costs and Revenue Analysis Revenue Sources Option B 2 Bedroom % of Total 80% AMI - 2 Bdrm.0%0 90% AMI - 2 Bdrm.0%0 100% AMI - 2 Bdrm.0%0 110% AMI - 2 Bdrm.0%0 120% AMI - 2 Bdrm.10%1,390,800 130% AMI - 2 Bdrm.50%6,796,800 140% AMI - 2 Bdrm.40%5,702,200 Subtotal 60%$13,889,800 3 Bedroom 80% AMI - 3 Bdrm.0%0 90% AMI - 3 Bdrm.0%0 100% AMI - 3 Bdrm.0%0 110% AMI - 3 Bdrm.0%0 120% AMI - 3 Bdrm.10%695,400 130% AMI - 3 Bdrm.50%4,153,600 140% AMI - 3 Bdrm.40%3,665,700 Subtotal 60%$8,514,700 Total Revenue $22,404,500 Project Profit/Loss Square Feet $6.86 Unit $9,662 Total $560,384 Source: Economic & Planning Systems, Stan Clauson Associates H:\18887-Vail Chamonix Housing Site Feasibility Analysis\Data\[18887 - AMI Eagle County.xls]Revenues Neighborhood Block 17 November 19, 2019 - Page 90 of 130 Chamonix Master Plan IV. FINDINGS The following analysis summarizes the most prominent issues encountered in the development of the selected affordable housing projects. Issues are organized by cost considerations, subsidy levels, and buyer lending. Cost Considerations Construction costs for the projects under consideration in this report ranged from $200 to $281 per square foot, as shown on the following page in Table 8, which summarizes the costs, revenues, and subsidies for the projects evaluated. The construction cost data shown in the table is exclusive of land, off site mitigation, and other considerations. The figures generally include hard costs, soft costs, and on-site infrastructure. Results indicate frequent instances of construction costs around $200 to $230 per square foot. Developers experienced cost escalations ranging from 8 to 20 percent from the time an initial bid was received to construction. However, project representatives repeatedly indicated that downward pressure in materials costs has fallen 20 percent from 2007 to 2008. Contractors in the planning stages are tending to renegotiate prices in light of weakening demand for construction materials worldwide. Table 8 Summary of Findings Chamonix Affordable Housing Costs and Revenue Analysis Project Planned Built Target AMI Construction Cost Subsidy 5 Cost Escalation Price Range (sq. ft.)(per unit) Summit County Vic's Landing 24 24 80% to 100%---fee waivers ---$185,000 - $285,000 Mercy Housing 42 ---80% & 100%$230 $117,000 10%$133,000 - $250,000 Roaring Fork Valley Rodeo Ground 27 9 140% - 250%$281 $300,000 - $550,000 Burlingame Ranch 91 91 80% to 140% 2 $202 $332,000 12%avg. $230,000 Iron Bridge 24 24 80% 3 $202 4 $0 ---$230,000 Eagle County Stratton Flats 1 226 7 140%$200 $23,000 - $40,000 8%$180,000 - $350,000 Eagle Ranch Village 60 60 live/work in Cty.$216 4 $50,000 20%$300,000 1 Modular units 2 Majority of units in this range, AMI level based on survey 3 Based on six person household 4 Total cost derived by allocating 20% of hard costs to soft costs 5 Burlingame Ranch and Mercy Housing figure do not include waived fees Source: Economic & Planning Systems H:\18887-Vail Chamonix Housing Site Feasibility Analysis\Data\[18887 - Projects.xls]Summary 18 November 19, 2019 - Page 91 of 130 Chamonix Master Plan Unit Subsidy Subsidies take many forms in affordable housing development. The research shows a clustering of per unit subsidies in the $20,000 to $50,000 range as well as a cluster on the upper end that spans from $120,000 to $330,000. In all cases, these subsidy levels are on top of land costs. In each of the case studies provided, land was provided at no cost to the affordable units, which is a minimum threshold for pursuing an affordable housing project at this time. Generally, the projects requiring lower subsidies benefit from market rate units that defray the land, soft costs, developer fees, on-site infrastructure, and off-site mitigation. For example, Iron Bridge, Stratton Flats, Vic’s Landing, and Eagle Ranch Village all received indirect subsidy through the ability of the developer to build market rate units on-site. In addition, the projects also received fee waivers to help offset the costs of affordable units. The $23,000 to $40,000 subsidy at Stratton Flats includes both fee waivers as well as the benefit of a $4.5 million equity contribution from Eagle County. The $50,000 per unit subsidy at Eagle Ranch Village includes both fee waivers proceeds from a RETA and the value of a land contribution from the master developer. Another way to reduce subsidies is to increase sales prices and target higher AMI levels. The Snowmass project reflects relatively unique approach as virtually all of the units are priced at the upper end of the affordable spectrum, reaching approximate AMI levels near (or above) 140 percent. The Town was able to reduce the subsidy to $54,000 per unit based on sales prices for some units that exceeded $500,000. The project with the lowest required subsidy, Stratton Flats, reflects a combination of benefits, including on-site market rate units, modest deed restriction terms, as well as higher AMI targets. In projects without supporting market rate units and conventional AMI targets that reach households earning as little as 80 percent of AMI, higher subsidies are required to cover project costs. The proposed Valley Brook project anticipates a per unit subsidy of approximately $117,000. Burlingame Ranch requires $332,000 per unit. Moving forward, the Town of Vail should recognize that land subsidy alone will be insufficient for the project unless construction costs drop and/or AMI targets are set high. The Town should carefully consider higher AMI levels and should set them only after completing additional market analysis, as identified below. Generally, the Town should anticipate committing additional levels of subsidy to the project based on the research of comparative projects. Buyer Lending Issues Project developers repeatedly indicated that underwriting standards for residential borrowers represent the greatest current risk to affordable housing development. Preliminary research shows 19 November 19, 2019 - Page 92 of 130 Chamonix Master Plan that mortgage terms require down payments of 10 to 15 percent. Many developers cited the need to secure Federal Housing Administration approval, thus providing 97 percent loan-to-value financing. Project representatives indicated that FHA approval was contingent upon review of the deed covenants and in the case of the modular development (Stratton Flats) approval of building plans, including the unit foundation. Construction loans appear to be less of an issue than individual homebuyer loans. Representatives from the Valley Brook project indicated a willing market for construction loans. In addition, downward pressure on construction costs has also eased restrictions to borrowing. Additional Considerations Based on discussions with developers with active affordable housing projects in the region, there are a number of critical issues that warrant consideration, in addition to the issues of costs, revenues, and feasibility. These include:  Competitive Market Position – The Town should understand the market position of the site relative to other projects within the county. Prospective home purchasers have options and can be expected to evaluate several other opportunities before selecting a home at this location. Documenting the market context and determining the competitive advantages provided by this site will shed light on the profiles of buyers likely to purchase here. The analysis will enable the Town to price its units based on the market and improve receptivity among the segment(s) most likely to consider it.  Product Alignment – Once the market position and price banding has been established, the Town should revisit the products designed for the site. Aligning the products with the buyer profiles is a critical step to creating a marketable project. It should be noted that most developers attempt to provide as broad a range of products as possible, thus generating interest from across the spectrum of prospective buyers. This approach is recommended for the Chamonix site as well; however, the Town should identify the most profitable and saleable product and ensure that the development program is concentrated around this unit type.  Market Depth by AMI Level – In addition to evaluating the market supply, as noted in the first two bullets, the Town should consider an analysis of market demand. Using recent survey data, the Town could understand the depth of potential demand for units by income level. The data can be cross-tabulated by a range of factors to better understand depth of demand by type of resident.  Financing Risk Mitigation – The current credit markets are substantially different from the recent past. Accordingly, developers must take action to ensure that financing is as available under the most flexible terms possible for future buyers. At this time, developers are seeking FHA approval to achieve this. The Town should understand the requirements of FHA and ensure that it is addressed from the start of the project. 20 November 19, 2019 - Page 93 of 130 Chamonix Master Plan Appendix C 21 November 19, 2019 - Page 94 of 130 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: Ordinance No. 18, Series of 2019, First Reading, Ordinance to allow for the rezoning of a portion of 2399 North F rontage Road West, P arcel A, a resubdivision of Tract D, Vail Das S chone F iling 1 from the General Use (G U) District to the Housing (H) District and setting forth details in regard thereto 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: T he Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 18, S eries of 2019, upon first reading. B AC K G RO UND: The applicant, the Town of Vail, is proposing to rezone a portion of the West Vail F ire S tation parcel from General Use (G U) to Housing (H) in order to facilitate the creation of a site for future development. S TAF F RE C O M M E ND AT IO N: On October 28, 2019, the P lanning and E nvironmental Commission (P E C) forwarded a unanimous recommendation, for approval, for a zone district boundary amendment, pursuant to Section 12-3-7, A mendment, Vail Town Code. AT TAC H ME N TS: Description Staff Memorandum Attachment A. Ordinance No. 18, Series 2019 Attachment B. Staff Memorandum, P E C19-0033, October 28, 2019 Attachment C. P E C Minutes, October 28, 2019 November 19, 2019 - Page 95 of 130 TO: Vail Town Council FROM: Community Development Department DATE: November 19, 2019 SUBJECT: First reading of Ordinance No. 18, Series of 2019, an ordinance to allow for the rezoning of a portion of 2399 North Frontage Road West, Parcel A, a resubdivision of Tract D, Vail Das Schone Filing 1 from the General Use (GU) District to the Housing (H) District and setting forth details in regard thereto. (PEC19-0033) Applicant: Town of Vail Planner: Jonathan Spence I. SUMM AR Y The applicant, the Town of Vail, is requesting a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of 2399 N. Frontage Road West, Parcel A, a resubdivision of Tract D Vail Das Schone Filing 1, from General Use (GU) to Housing (H). The parcel of land is located immediately southwest of the existing Chamonix Vail Neighborhood, to the northwest of the West Vail Fire Station. On October 28, 2019, the Planning and Environmental Comm ission (PEC) forwarded a unanimous recommendation, for approval, for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code. Please find the staff memorandum to the PEC included as Attachment B and the minutes from the October 28th meeting included as Attachment C. II. ACTION REQUESTE D OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modif ications, or deny Ordinance No. 18, Series of 2019, upon first reading. III. DESCRIPTION OF THE REQUEST The applicant is proposing to rezone a portion of the West Vail Fire Station parcel from General Use (GU) to Housing (H) in order to facilitate the creation of a site for future development. This portion of Parcel A will be combined with a property identified as Parcel D November 19, 2019 - Page 96 of 130 Tow n of Vail Page 2 on the Chamonix Vail Community Townhome Plat to create a future Parcel E. It is anticipated that, if approved, the newly created and consistently zoned site will be sold to generate revenue to offset the Town of Vail subsidy provided for the development of the 32 Unit Chamonix Vail Townhome project. The graphic below shows that portion of Parcel A proposed to be rezoned from General Use (GU) District to the Housing (H) District. IV. BACKGROUND The background of Parcel A, a resubdivision of Tract D, Vail Das Schone Filing is as follows: • On December 12, 1980 the subject property was annexed into the Town of Vail, via Ordinance No. 43, Series of 1980. • On November 18, 2008, Parcel A was rezoned from Commercial Core 3 (CC3) zone district to General Use (GU), via Ordinance No. 26, Series of 2008. • On January 6, 2009, the Town Council adopted an amendment to the Official Land Use Map, a component of the Town of Vail Land Use Plan, via Resolution 2, November 19, 2019 - Page 97 of 130 Tow n of Vail Page 3 Series of 2009 to classify the property as being within the Chamonix Land Use category. The same resolution also adopted the Chamonix Master Plan. • In 2010/11, The West Vail Fire Station was constructed. V. REVIEW CRITERIA Per Section 12-3-7, Amendment, Vail Town Code, before acting on a zone district boundary amendment application, the PEC and Town Council shall consider the following factors with respect to this proposal: 1. The extent to which the zone district amendments are consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. The development objectives for the community as identified in the Chamonix Master Plan, Vail 20/20 Strategic Action Plan, Land Use Plan, Environmental Sustainability Strategic Plan, and the Vail Housing 2027 Plan are: • Housing within the site shall be consistent with the permitted and conditional uses of the Housing (H) District. (Chamonix Master Plan) • Continue to manage growth through infill development with high quality residential, commercial and recreation uses that maintain the quality, character and diversity of the town. • Support the development of employee housing to support the local economy and reduce the environmental impacts of transportation. • Reduce total Vehicle Miles Travelled (VMT) by commuters and guests by 20% by 2020. The zone district amendment is consistent with the applicable elements of the adopted goals, objectives and policies outline in the Vail Comprehensive Plan. As proposed, the amendment increases the amount of land area in the Town of Vail designated for deed- restricted housing yet maintains the availability of town-owned facilities most often associated with development in the General Use District. Arguably, this amendment is not only compatible with the development objectives of the Town, but it advances the Town’s development objectives by increasing opportunities for desirable outcomes that may not exist otherwise. This amendment furthers the Town’s housing goals and advances the Vail Town Council critical actions, as identified in the Vail Town Council Action Plan 2018-2020. Staff finds this criterion to be met. 2. The extent to which the zone district amendments are suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents. November 19, 2019 - Page 98 of 130 Tow n of Vail Page 4 The zone district amendment is suitable with the existing and potential land uses on the site as well as the existing and potential surrounding land uses. As proposed, a 5,291 square foot portion of Parcel A is being added to future Parcel E in accordance with the Town’s subdivision regulations. This amendment ensures that the zone district designation of future Parcel E is consistent with existing Parcel D. Parcel D, as zoned, provides for both free- market and resident-occupied, deed-restricted residential uses. Since the development potential of future Parcel E is based upon approval of an Approved Development Plan, and not a proportional percentage of the lot area, this additional land area does not proportionally impact the size of any future structure or increase the intensity of the future uses on site. The additional square feet of land area to be zoned into the Housing District does not negatively impact existing and potential surrounding land uses. Staff finds this criterion to be met. 3. The extent to which the zone district amendments present a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The zone district amendment presents a harmonious, convenient, and workable relationship among land uses which are consistent the Town’s development objectives. The rezoning facilitates the creation of future Parcel E in a rectilinear configuration improving the constructability of the site. Staff finds this criterion to be met. 4. The extent to which the zone district amendments provide for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. The proposed zone district amendments provide for the growth of an orderly viable community by establishing sites for employee housing and other residential uses in locations near existing infrastructure, including existing roads, utilities, and bus service. The amendment does not constitute spot zoning as it is compatible with and supportive of adjacent land uses and is supported by several community goals identified in the comprehensive plan. The Community Development Department finds that rezoning a portion of Parcel A to the Housing (H) district serves the best interest of the community as a whole. Staff finds this criterion to be met. 5. The extent to which the zone district amendments result in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. November 19, 2019 - Page 99 of 130 Tow n of Vail Page 5 The proposed rezoning will not directly result in adverse impacts to the natural environment. Future developments on the rezoned parcels will be required to adhere to all applicable environmental standards during development review, construction and operation. Any development in the Housing (H) District will also require review of a development plan by the Planning and Environmental Commission, as well as review of the design and landscaping plan by the Design Review Board. Although located on a hillside, this application is subsequent to PEC19-0036, an application for a variance to allow for development in the Housing Zoning District on a slope of forty percent (40%) or greater, located at 2420 Chamonix Lane. Staff finds this criterion to be met. 6. The extent to which the zone district amendments are consistent with the purpose statement of the proposed zone district. The proposed rezoning is consistent with the purpose statement of the Housing (H) District and future developments on these sites will also be required to be compatible with its intent, as demonstrated through the amended development plan. Below is the purpose statement for the Housing (H) zone district. Housing Section 12-6I-1 PURPOSE The housing district is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. It is necessary in this zone district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The housing district is intended to ensure that employee housing permitted in the zone district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. Staff finds this criterion to be met. 7. The extent to which the zone district amendments demonstrate how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. The portion of the site that is proposed to be rezoned is not being used by the Vail Fire Department, which also has no plans for its future use. Combined to create future Parcel E, November 19, 2019 - Page 100 of 130 Tow n of Vail Page 6 the rezoning will facilitate future development in the Housing District, a more appropriate and beneficial use. Staff finds this criterion to be met. 8. Such other factors and criteria as the commission and/or council deem applicable to the proposed rezonings. VI. RECOMMENDED MOTION Should the Vail Town Council choose to approve Ordinance No.18, Series of 2019, upon first reading, the Planning and Environmental Commission recommends the Council pass the following motion: “The Vail Town Council approves, on first reading, Ordinance No. 18, Series of 2019, ordinance to allow for the rezoning of a portion of 2399 North Frontage Road West, Parcel A, a resubdivision of Tract D, Vail Das Schone Filing 1 from the General Use (GU) District to the Housing (H) District and setting forth details in regard thereto” Should the Vail Town Council choose to approve Ordinance No. 18 Series of 2019, Planning and Environmental Commission recommends the Council m ake the f ollowing findings: “Based upon the review of the criteria outlined in Sections VIII of the Staff me morandu m to the Planning and Environmental Commission dated October 28, 2019 and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 2. That the amendments are compatible w ith and suitable to adjacent uses and appropriate for the surrounding areas; and, 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” VII. ATT ACHMENTS A. Ordinance No. 18, Series of 2019 B. Staff Memorandum, PEC19-0033, October 28, 2019 C. PEC Minutes, October 28, 2019 November 19, 2019 - Page 101 of 130 Ordinance No. 18, Series 2019 - 1 - ORDINANCE NO. 18 SERIES OF 2019 AN ORDINANCE FOR A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR A REZONING OF A PORTION OF PARCEL A, A RESUBDIVISION OF TRACT D, A RESUBDIVISION OF VAIL DAS SCHONE FILING NO. 1. THE REZONING WILL CHANGE THE ZONE DISTRICT FROM GENERAL USE (GU) DISTRICT TO THE HOUSING (H) DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the “Town”), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the “Charter”); WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending a zone district boundary; WHEREAS, the subject property, described in Exhibit A, attached hereto and incorporated herein by this reference, (the “subject property”); WHEREAS, on August 7, 1973, the Town of Vail adopted Ordinance No. 8, Series of 1973, to establish comprehensive zoning regulations for the Town of Vail; WHEREAS, the purpose of the amendment is to establish a development site with uniform zoning for the property known as 2420 Chamonix Lane; WHEREAS, on October 28, 2019 the Town of Vail Planning and Environmental Commission forwarded a unanimous recommendation of approval to the Vail Town Council for the zone district boundary amendment; WHEREAS, the Vail Town Council finds and determines that the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; WHEREAS, the Vail Town Council finds and determines that the amendment to the Town Code furthers the general and specific purposes of the Zoning Regulations; and WHEREAS, the Vail Town Council finds and determines that the amendment promotes the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: November 19, 2019 - Page 102 of 130 Ordinance No. 18, Series 2019 - 2 - Section 1. This ordinance adopts the following zone district boundary amendment as further described in Exhibit A: General Use (GU) District to the Housing (H) District Section 2. Condition Precedent and Expiration The rezoning set forth in Section 1 hereof shall take effect on the date that the Final Subdivision Plat, Chamonix Vail Community Parcels A, C and E, is properly recorded with the Eagle County Clerk and Recorder; provided that, if the Final Subdivision Plat, Chamonix Vail Community Parcels A, C and E, has not been properly recorded by December 3, 2024 the rezoning set forth in Section 1 hereof shall not take effect. Section 3. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the follows: a. The zone district boundary amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; b. The zone district boundary amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, c. The zone district boundary amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. d. This ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision, or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be November 19, 2019 - Page 103 of 130 Ordinance No. 18, Series 2019 - 3 - construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of November, 2019, and a public hearing for second reading of this Ordinance set for the 3rd day of December, 2019, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. __________________ Dave Chapin, Mayor ATTEST: _________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of December, 2019. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk November 19, 2019 - Page 104 of 130 Ordinance No. 18, Series 2019 - 4 - Exhibit A Portions of Parcel A to be rezoned from General Use (GU) District to the Housing (H) District. November 19, 2019 - Page 105 of 130 TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 28, 2019 SUBJECT: A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of 2399 North Frontage Road West, Parcel A, a resubdivision of Tract D, Vail Das Schone Filing 1 from the General Use (GU) District to the Housing (H) District and setting forth details in regard thereto. (PEC19-0033) Applicant: Town of Vail, represented by George Ruther, Housing Director Planner: Jonathan Spence I. SUMMARY The applicant, the Town of Vail, represented by George Ruther, Housing Director, is requesting a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of 2399 N. Frontage Road West, Parcel A, a resubdivision of Tract D Vail Das Schone Filing 1, from General Use (GU) to Housing (H). The parcel of land is located immediately southwest of the existing Chamonix Vail Neighborhood, to the northwest of the West Vail Fire Station. Based upon Staff’s review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council. II. DESCRIPTION OF REQUEST The applicant is proposing to rezone a portion of the West Vail Fire Station parcel from General Use (GU) to Housing (H) in order to facilitate the creation of a site for future development. This portion of Parcel A will be combined with a property identified as Parcel D on the Chamonix Vail Community Townhome Plat to create a future Parcel E. November 19, 2019 - Page 106 of 130 This future Parcel E will be created through a Minor Subdivision process to be reviewed by the Planning and Environmental Commission at a future date. The subdivision application has been delayed due to a scheduling issue with the surveyor. It is necessary to process the rezoning application in advance, or concurrently, with the subdivision application to ensure that the future parcel will have unified zoning. It is anticipated that, if approved, the newly created and consistently zoned site will be sold to generate revenue to offset the Town of Vail subsidy provided for the development of the 32 Unit Chamonix Vail Townhome project. The graphic below shows that portion of Parcel A proposed to be rezoned from General Use (GU) District to the Housing (H) District. The proposed rezoning, which must be approved via ordinance by the Vail Town Council, will not take effect until the recordation of the final plat, creating Parcel E, has occurred with the Eagle County Clerk and Recorder. This condition will be included with the ordinance relating to the rezoning. Permitted and conditional uses allowed in the Housing (H) District may be found in Section IV, applicable planning documents. Town of Vail Page 2 November 19, 2019 - Page 107 of 130 III. BACKGROUND The background of Parcel A, a resubdivision of Tract D, Vail Das Schone Filing is as follows: • On December 12, 1980 the subject property was annexed into the Town of Vail, via Ordinance No. 43, Series of 1980. • On November 18, 2008, Parcel A was rezoned from Commercial Core 3 (CC3) zone district to General Use (GU), via Ordinance No. 26, Series of 2008. • On January 6, 2009, the Town Council adopted an amendment to the Official Land Use Map, a component of the Town of Vail Land Use Plan, via Resolution 2, Series of 2009 to classify the property as being within the Chamonix Land Use category. The same resolution also adopted the Chamonix Master Plan. • In 2010/11, The West Vail Fire Station was constructed. IV. APPLICABLE PLANNING DOCUMENTS The Community Development Department believes that following provisions of the Chamonix Master Plan, Vail 20/20 Strategic Action Plan, Vail Land Use Plan, Vail Housing 2027 Plan, and the Vail Town Code are relevant to the review of this proposal: Chamonix Master Plan 2009 and as Amended 2019 • Housing within the site shall be consistent with the permitted and conditional uses of the Housing (H) District. • The site should be optimized to provide the greatest amount of employee housing. • Re-zoning the site to Housing (H) District is preferred to allow flexibility in design and development. Vail 20/20 Focus on the Future – Strategic Action Plan (in part) - The Vail 20/20 Strategic Action Plan is a visioning document that begins with a set of values that outline what is truly important to the community. The plan then details land use and development, parks and recreation, environment, housing, transportation, economy, community and public safety topics, including specific vision statements, long-term goals, and actions and strategies over the next 5 years to achieve those goals. LAND USE AND DEVELOPMENT Goal #4: Provide for enough deed-restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. • Use employee housing fund for buy-downs and other programs that will increase the number of employees living within the town. Town of Vail Page 3 November 19, 2019 - Page 108 of 130 • Address the zoning regulations to provide more incentives for developers to build employee housing units. ENVIRONMENTAL SUSTAINABILITY Goal #2: Energy Management in Buildings and Transportation: Reduce the town’s 2007 baseline green house gas emissions. • Support employee housing initiatives in order to reduce trips into Vail. HOUSING Goal: The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide for enough deed-restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. • Conduct inventory of all sites with development potential and pursue opportunities for acquiring undeveloped or underdeveloped properties. • Update the Vail Land Use Plan and identify more areas for employee housing. ECONOMY Goal #3: Maintain a town-wide workforce in which at least 30 percent of people who work in Vail also live in Vail. • Support the local economy by working with the business community to address future workforce housing needs as they relate to business in Vail. Vail Land Use Plan (in part) – The Land Use Plan is not intended to be regulatory in nature but is intended to provide a general framework to guide decision making. One specific measure used to implement the recommendations of the Land Use Plan includes amendments to the Official Zoning Map. Other measures include changes to ordinances and regulations or policies adopted by the Town. Chapter II - Land Use Plan Goals / Policies (in part) 1. General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. Town of Vail Page 4 November 19, 2019 - Page 109 of 130 1.2. The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.6. Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.7. New subdivisions should not be permitted in high geologic hazard areas. 1.10 Development of Town owned lands by the Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3. Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. 5.5. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Vail Housing 2027 – A Strategic Plan for Maintaining and Sustaining Community through the Creation and Support of Resident Housing in Vail Ten Year Goal: “The Town of Vail will acquire 1,000 additional resident housing unit deed restrictions by the year 2027.” Vision: We envision Vail as a diverse, resilient, inclusive, vibrant and sustainable mountain resort community where year-round residents are afforded the opportunity to live and thrive. We take a holistic approach to maintaining community, with continuous improvement to our social, environmental, and economic well being. We create housing solutions by recognizing and Town of Vail Page 5 November 19, 2019 - Page 110 of 130 capitalizing on our unique position as North America’s premier international mountain resort community in order to provide the highest quality of service to our guests, attract citizens of excellence and foster their ability to live, work, and play in Vail throughout their lives. Our strategic solutions and actions result in the retention of existing homes, creation of new and diverse housing infrastructure, and collaboration with community partners. For Vail, no problem is insurmountable. With a consistent, community-driven purpose and an entrepreneurial spirit, Vail will lead the industry in innovative housing solutions for the 21st century. The Town is well positioned financially to undertake this significant challenge. Mission: Maintaining and Sustaining Community “We create, provide, and retain high quality, affordable, and diverse housing opportunities for Vail residents to support a sustainable year round economy and build a vibrant, inclusive and resilient community. We do this through acquiring deed restrictions on homes so that our residents have a place to live in Vail.” Policy Statement - Resident Housing as Infrastructure “We acknowledge that the acquisition of deed restrictions on homes for Vail residents is critical to maintaining community. Therefore, we ensure an adequate supply and availability of homes for residents and recognize housing as infrastructure in the Town of Vail; a community support system not unlike roads, bridges, water and sewer systems, fire, police, and other services of the municipal government.” 2009 Environmental Sustainability Strategic Plan – The purpose of this plan is to define a strategy that consists of measurable goals, objectives, and actions that will help the Town coordinate efforts to achieve the environmental vision of the community. Goal #2 – Energy Efficiency: Reduce the Town of Vail municipal and community energy use by 20% below 2006 levels by 2020, in order to effectively reduce the Town’s contribution to greenhouse gas emissions and impact on global climate change. Goal #6 – Transportation – Reduce the environmental impact of transportation by supporting efforts within the Eagle Valley to decrease total Vehicle Miles Traveled (VMT) by commuters and guests by 20% by 2020. Vail Town Code – Zoning Regulations - These sections are included to provide the Commission with an understanding of the permitted and conditional uses in the Housing (H) District. Title 12, Chapter 6, Article I: Housing Town of Vail Page 6 November 19, 2019 - Page 111 of 130 12-6I-1: PURPOSE: The housing district is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. It is necessary in this zone district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The housing district is intended to ensure that employee housing permitted in the zone district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. 12-6I-2: PERMITTED USES: The following uses shall be permitted in the H district: Bicycle and pedestrian paths. Communications antennas and appurtenant equipment. Employee housing units, as further regulated by chapter 13 of this title. Passive outdoor recreation areas, and open space. 12-6I-3: CONDITIONAL USES: The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: Automated teller machines (ATMs) exterior to a building. Banks and financial institutions. Business offices and professional offices, as further regulated by section 12-16-7 of this title. Town of Vail Page 7 November 19, 2019 - Page 112 of 130 Child daycare facilities. Eating and drinking establishments. Funiculars and other similar conveyances. Health clubs. Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and C. Dwelling units are only created in conjunction with employee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools. Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities installations including transmission lines and appurtenant equipment. 12-6I-4: ACCESSORY USES: The following accessory uses shall be permitted in the H district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Minor arcades. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming Town of Vail Page 8 November 19, 2019 - Page 113 of 130 pools, or recreation facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-6I-5: SETBACKS: The setbacks in this district shall be twenty feet (20') from the perimeter of the zone district. At the discretion of the planning and environmental commission, variations to the setback standards may be approved during the review of a development plan subject to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. B. Proposed building setbacks will provide adequate availability of light, air and open space. C. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. D. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. Variations to the twenty foot (20') setback shall not be allowed on property lines adjacent to HR, SFR, R, PS, and RC zoned properties, unless a variance is approved by the planning and environmental commission pursuant to chapter 17 of this title. 12-6I-6: SITE COVERAGE: Site coverage shall not exceed fifty five percent (55%) of the total site area. At the discretion of the planning and environmental commission, site coverage may be increased if seventy five percent (75%) of the required parking spaces are underground or enclosed, thus reducing the impacts of surface paving provided within a development, and that the minimum landscape area requirement is met. 12-6I-7: LANDSCAPING AND SITE DEVELOPMENT: At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15') with a minimum area not less than three hundred (300) square feet. 12-6I-8: PARKING AND LOADING: Off street parking shall be provided in accordance with chapter 10 of this title. No Town of Vail Page 9 November 19, 2019 - Page 114 of 130 parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. 12-6I-9: LOCATION OF BUSINESS ACTIVITY: A. Limitation; Exception: All conditional uses in section 12-6I-3 of this article shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. B. Outdoor Display Areas: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 12-6I-10: OTHER DEVELOPMENT STANDARDS: A. Prescribed By Planning And Environmental Commission: In the H district, development standards in each of the following categories shall be as proposed by the applicant, as prescribed by the planning and environmental commission, and as adopted on the approved development plan: 1. Lot area and site dimensions. 2. Building height. 3. Density control (including gross residential floor area). 12-6I-11: DEVELOPMENT PLAN REQUIRED: A. Compatibility With Intent: To ensure the unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development in the housing district will meet the intent of the zone district, an approved development plan shall be required. Town of Vail Page 10 November 19, 2019 - Page 115 of 130 B. Plan Process And Procedures: The proposed development plan shall be in accordance with section 12-6I-12 of this article and shall be submitted by the developer to the administrator, who shall refer it to the planning and environmental commission, which shall consider the plan at a regularly scheduled meeting. C. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12-3-6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12-3-3 of this title. D. Plan As Guide: The approved development plan shall be used as the principal guide for all development within the housing district. E. Amendment Process: Amendments to the approved development plan will be considered in accordance with the provisions of section 12-9A-10 of this title. F. Design Review Board Approval Required: The development plan and any subsequent amendments thereto shall require the approval of the design review board in accordance with the applicable provisions of chapter 11 of this title prior to the commencement of site preparation. 12-6I-12: DEVELOPMENT PLAN CONTENTS: The administrator shall establish the submittal requirements for a development plan application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 12-6I-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION: The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria. A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. B. Buildings, improvements, uses and activities are designed and located to produce a Town of Vail Page 11 November 19, 2019 - Page 116 of 130 functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and, when possible, are integrated with existing open space and recreation areas. D. A pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. E. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. F. Compliance with the Vail comprehensive plan and other applicable plans. V. SITE ANALYSIS Address: 2399 N. Frontage Rd W (portion of the site to be rezoned)* Legal Description: Vail Das Schone, Filing 1, Parcel A, a resubdivision of Tract D Parcel A Lot Size: 1.322 acres (57,586 square feet) Portion of Site to be Rezoned: 0.121 acres (5,291 square feet) Existing Zoning: General Use (GU) Proposed Zoning: Housing (H) District Land Use Plan Designation: Chamonix Master Plan Current Land Use: Undeveloped portion of West Vail Fire Station Anticipated Future Land Use: Market Rate and Employee Housing Geological Hazards: Steep Slopes VI. SURROUNDING LAND USES AND ZONING Existing Use Zoning District North: Undeveloped Land Housing (H) South: Interstate 70 None East: Shell Gas Station Heavy Services (HS) W est: Single Family Residence Two Family Primary/Secondary (PS) Town of Vail Page 12 November 19, 2019 - Page 117 of 130 VII. REVIEW CRITERIA Before acting on an application for a zone district boundary amendment, the planning and environmental commission and town council shall consider the following factors with respect to the requested zone district boundary amendment: 1. The extent to which the zone district amendments are consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. The development objectives for the community as identified in the Chamonix Master Plan, Vail 20/20 Strategic Action Plan, Land Use Plan, Environmental Sustainability Strategic Plan, and the Vail Housing 2027 Plan are: • Housing within the site shall be consistent with the permitted and conditional uses of the Housing (H) District. (Chamonix Master Plan) • Continue to manage growth through infill development with high quality residential, commercial and recreation uses that maintain the quality, character and diversity of the town. • Support the development of employee housing to support the local economy, and reduce the environmental impacts of transportation. • Reduce total Vehicle Miles Travelled (VMT) by commuters and guests by 20% by 2020. The zone district amendment is consistent with the applicable elements of the adopted goals, objectives and policies outline in the Vail Comprehensive Plan. As proposed, the amendment increases the amount of land area in the Town of Vail designated for deed- restricted housing, yet maintains the availability of town-owned facilities most often associated with development in the General Use District. Arguably, this amendment is not only compatible with the development objectives of the Town, but it advances the Town’s development objectives by increasing opportunities for desirable outcomes that may not exist otherwise. This amendment furthers the Town’s housing goals and advances the Vail Town Council critical actions, as identified in the Vail Town Council Action Plan 2018-2020. Staff finds this criterion to be met. 2. The extent to which the zone district amendments are suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents. The zone district amendment is suitable with the existing and potential land uses on the site as well as the existing and potential surrounding land uses. As proposed, a 5,291 square foot portion of Parcel A is being added to future Parcel E in accordance with the Town’s subdivision regulations. This amendment ensures that the zone district Town of Vail Page 13 November 19, 2019 - Page 118 of 130 designation of future Parcel E is consistent with existing Parcel D. Parcel D, as zoned, provides for both free-market and resident-occupied, deed-restricted residential uses. Since the development potential of future Parcel E is based upon approval of an Approved Development Plan, and not a proportional percentage of the lot area, this additional land area does not proportionally impact the size of any future structure, or increase the intensity of the future uses on site. The additional square feet of land area to be zoned into the Housing District does not negatively impact existing and potential surrounding land uses. Staff finds this criterion to be met. 3. The extent to which the zone district amendments present a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The zone district amendment presents a harmonious, convenient, and workable relationship among land uses which are consistent the Town’s development objectives. The rezoning facilitates the creation of future Parcel E in a rectilinear configuration improving the constructability of the site. Staff finds this criterion to be met. 4. The extent to which the zone district amendments provide for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. The proposed zone district amendments provide for the growth of an orderly viable community by establishing sites for employee housing and other residential uses in locations near existing infrastructure, including existing roads, utilities, and bus service. The amendment does not constitute spot zoning as it is compatible with and supportive of adjacent land uses, and is supported by several community goals identified in the comprehensive plan. The Community Development Department finds that rezoning a portion of Parcel A to the Housing (H) district serves the best interest of the community as a whole. Staff finds this criterion to be met. 5. The extent to which the zone district amendments result in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. The proposed rezoning will not directly result in adverse impacts to the natural environment. Future developments on the rezoned parcels will be required to adhere to all applicable environmental standards during development review, construction and Town of Vail Page 14 November 19, 2019 - Page 119 of 130 operation. Any development in the Housing (H) District will also require review of a development plan by the Planning and Environmental Commission, as well as review of the design and landscaping plan by the Design Review Board. Although located on a hillside, this application is subsequent to PEC19-0036, an application for a variance to allow for development in the Housing Zoning District on a slope of forty percent (40%) or greater, located at 2420 Chamonix Lane. Staff finds this criterion to be met. 6. The extent to which the zone district amendments are consistent with the purpose statement of the proposed zone district. The proposed rezoning is consistent with the purpose statement of the Housing (H) District and future developments on theses sites will also be required to be compatible with its intent, as demonstrated through the amended development plan. Below is the purpose statement for the Housing (H) zone district. Housing Section 12-6I-1 PURPOSE The housing district is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. It is necessary in this zone district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The housing district is intended to ensure that employee housing permitted in the zone district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. Staff finds this criterion to be met. 7. The extent to which the zone district amendments demonstrate how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. The portion of the site that is proposed to be rezoned is not being used by the Vail Fire Department, which also has no plans for its future use. Combined to create future Parcel E, the rezoning will facilitate future development in the Housing District, a more appropriate and beneficial use. Town of Vail Page 15 November 19, 2019 - Page 120 of 130 Staff finds this criterion to be met. 8. Such other factors and criteria as the commission and/or council deem applicable to the proposed rezonings. VIII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of 2399 North Frontage Road West, Parcel A, a resubdivision of Tract D, Vail Das Schone Filing 1 from the General Use (GU) District to the Housing (H) District Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council, the Community Development Department recommends the Commission pass the following motion: “The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of 2399 North Frontage Road West, Parcel A, a resubdivision of Tract D, Vail Das Schone Filing 1 from the General Use (GU) District to the Housing (H) District and setting forth details in regard thereto” Should the Planning and Environmental Commission choose to forward this recommendation of approval, the Community Development Department recommends the Commission makes the following findings: “Based upon the review of the criteria outlined in Sections VII of the Staff memorandum to the Planning and Environmental Commission dated October 28, 2019, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the Town of Vail Page 16 November 19, 2019 - Page 121 of 130 town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” IX. ATTACHMENTS A. Map illustrating portion of Parcel A to be rezoned. B. Chamonix Vail Community Parcel E Application Narrative, 07-29-2019 Town of Vail Page 17 November 19, 2019 - Page 122 of 130 PLANNING AND ENVIRONMENTAL COMMISSION October 28, 2019, 1:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 1.Call to Order 1.1.Attendance Present: Brian Stockmar, Rollie Kjesbo, John-Ryan Lockman, Ludwig Kurz, Brian Gillette and Karen Perez Absent: Pam Hopkins 2.Main Agenda A quick update the Planning Manager Chris Neubecker has offered up his resignation and will be the Planning Director at Teton County.Brian Stockmar moved to commend Chris. Brian Gillette seconded the motion. 2.1.A request for a recommendation to the Vail Town Council, pursuant to Section 3-2-6A: Function, Vail Town Code, concerning adoption of the Vail Civic Area Plan, and setting forth details in regard thereto. (PEC19-0043) 60 min. Applicant:Town of Vail Planner:Matt Gennett Public hearing was opened and Matt Gennett started his presentation with reviewing the comments that were made at the previous meeting and the changes that were made. Sustainability moved up from 4th to the 2nd item. The architecture sentence was updated. John-Ryan had a question on a grammatical error on “energy savings measures”, that will be changed. Added uses for lionshead parking structure. Page 41, needed to add an “at a glance” for the program elements for various options. Sustainability action plan on page 69. Bullet #1 was changed to put in various changes. Next steps needed to be changed, and new text was added to meet the requirements. Perez wanted to make sure that it became a plan and not just a guiding principle. Still wants language added to be more of a plan. Staff made the comment that the language is added on page 56, left side, bottom of the column. All six review items were incorporated into the plan. Staff is recommending approval of the plan. Gillette – square footages corrected on the lot, and were the valuations corrected as well? Tom – Explained where the numbers from EPS came from. Gillette – All the revenue would be generated off-site is what you’re saying? Gillette – Questions on the DDA November 19, 2019 - Page 123 of 130 Tom – W anted to have numbers ready for Council after hearing with P E C. Stockmar – W hy not add a forward reference for the page that leads to the numbers. Tom – Explains more of what they had looked at based on comments. Stockmar – I s it clear that the P D remains in this location? Tom – W e wanted to make it clear that we could keep them here for now, but that it is an underutilized site. Perez – thanks the contractor for putting the new language together for the P E C. Stockmar – Reaffirms that they were important comments and glad they put them in. Gennett – this is a master plan and visioning document that sets a path forward to create a civic area in Vail. No public comments Commissioner Comments Lockman – Thank you for making the edits and your work. Stockmar – Pleased that the changes in the plan were made based on the P E C comments. Thanks for staff and Tom’s hard work. Ludwig Kurz moved to recommend approval. Karen Perez seconded the motion and it (6-0). Absent:(1)Hopkins 2.2.A request for review of a variance from Section 14-6-7, Retaining Walls, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a retaining wall in excess of six (6) feet tall at the Town of Vail Public Works facility located at 1289 Elkhorn Drive/Unplatted, and setting forth details in regard thereto. (P E C19-0041) The Applicant has requested that this item be tabled to the meeting of November 11, 2019. 5 min. Applicant:Town of Vail, represented by Victor Mark Donaldson Architects Planner:Chris Neubecker Brian Gillette moved to table to November 11, 2019. Rollie Kjesbo seconded the motion and it passed (6-0). Absent:(1)Hopkins 2.3.A request for review of a Conditional Use Permit pursuant to Section 12- 9C-3, Conditional Uses, Vail Town Code, in accordance with Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, to allow for an amendment to the conditional use permit for the Town of Vail Public W orks facility located at 1289 Elkhorn Drive/Unplatted, and setting forth details in regard thereto. (P E C19-0039) The Applicant has requested that this item be tabled to the meeting of November 11, 2019. 2 min. Applicant:Town of Vail, represented by Victor Mark Donaldson Architects Planner:Chris Neubecker Brian Gillette moved to table to November 11, 2019. Rollie Kjesbo seconded November 19, 2019 - Page 124 of 130 the motion and it passed (6-0). Absent:(1)Hopkins 2.4.A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for an update to the Vail Land Use Plan, specifically the Chamonix Master Plan and the Chamonix Land Use Category and setting forth details in regard thereto. (P E C19-0040) 15 min. Applicant:Town of Vail, represented by George Ruther, Housing Director Planner:J onathan Spence Spence – Next 6 applications part of one project. Stockmar – Can we have these all presented together? Spence – We can do that as long as they are in order. I tems 2.4, 5, 6, 7, 8, 9 will be included in this presentation, but voted individually. Spence presents the applications listing off the items that have been worked on. Amendment to master plan, variance to prohibition of building on steep lots in housing district, zoning amendment to have all of it under the housing district, minor sub to create parcel, partial development plan with it to come before P E C later, Conditional use permit to allow market rate development. Stockmar – I t has been clear that there is no intent to expand the Chamonix development into this parcel? Gennett – This will be separate from the Chamonix development. Stockmar – Matt confirmed that it isn’t an expansion of the townhomes. Spence – the amendments are minor. Stockmar- motion does not include anything about the date. I would like to have that added to the motion. Ludwig Kurz moved to recommend approval as presented today and dated J uly 29, 2019. Rollie Kjesbo seconded the motion and it passed (6-0). Absent:(1)Hopkins 2.5.A request for the review of a variance from Section 12-21-10 Development Restricted, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for development in the Housing Zoning District on a slope of forty percent (40%) or greater, located at 2420 Chamonix Lane/the western portion of Parcels B and the northern portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1 (Future Lot E, Chamonix Vail Community Subdivision), and setting forth details in regard thereto. (P E C19-0036) 15 min. Applicant:Town of Vail, represented by George Ruther, Housing Director Planner:J onathan Spence Spence presents explanation of why the variance is required for this zone district. Kurz – We are treating this piece of land the same as if it was privately owned. Spence – We are treating it the same as a primary/secondary lot. Stockmar – Can we add this to the housing district? Gillette – We seem to have more of the variances, than we haven’t. November 19, 2019 - Page 125 of 130 Spence – Staff recommended a text amendment and applicant preferred the variance approach. Ludwig Kurz moved to approve. Rollie Kjesbo seconded the motion and it passed (6-0). Absent:(1)Hopkins 2.6.A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of 2399 North Frontage Road West, Parcel A, a resubdivision of Tract D, Vail Das Schone Filing 1 from the General Use (GU) District to the Housing (H) District and setting forth details in regard thereto. (P E C19-0033) 15 min. Applicant:Town of Vail, represented by George Ruther, Housing Director Planner:J onathan Spence Spence presents explanation of application Stockmar- there is an extension to the west, has it ever been looked at for this? Spence – Please confirm what parcel you are referring to. Stockmar – Attachment A, there is a yellow shaded section and to the south, S E, does it make sense to look at it to change the zoning to add to this property for future development. We’d like to have staff think about the use of that land in the future. Brian Gillette moved to recommend approval. Rollie Kjesbo seconded the motion and it passed (6-0). Absent:(1)Hopkins 2.7.A request for review of a Minor Subdivision, pursuant to Section 13-4, Minor Subdivisions, Vail Town Code, to create Chamonix Vail Community Parcel E, a resubdivision of Parcels A and B, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1, and setting forth details in regard thereto. (P E C19-0032) 15 min. Applicant:Town of Vail, represented by George Ruther, Housing Director Planner:J onathan Spence 1. Prior to recording, the approved subdivision plat shall be amended to increase the eastern setback to twenty feet (20'). Ludwig Kurz moved to approve with conditions. Rollie Kjesbo seconded the motion and it passed (6-0). Absent:(1)Hopkins 2.8.A request for the review of an Amended Development Plan, pursuant to Section 12-6I -11, Development Plan Required, Vail Town Code, for amendments to the Chamonix Vail Community Development Plan, Parcel B and a northern portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1 and setting forth details in regard thereto. (P E C19-0035) 15 min. Applicant:Town of Vail, represented by George Ruther, Housing Director Planner:J onathan Spence 1. Approval of this amended development plan is contingent upon the developer of the property obtaining Town of Vail approval for a further November 19, 2019 - Page 126 of 130 amendment to the Chamonix Vail Development Plan with a finding that the development meets the required criteria 12-8I -13 A, B, C and D; and 2. Approval of this development plan is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 3. The development plan shall be amended to increase the eastern setback to twenty feet (20'). Spence presents the D P that will cover GRFA, setbacks and height allotment for this area. The full development plan will be done when a proposal for this land is brought forward. Gillette – W hy the small side setback? Spence – I nternal side setbacks are ten feet, only 20 ft at the edge of the district. Gillette – W hat is the distance between the townhomes in that area? Spence – Varies between 15 to more than 20 feet Stockmar – The area at the end of the road is used for storing snow. Spence – I t shouldn’t impact Parcel B Stockmar – Any issue with snow storage with this setup? Spence – There is adequate snow storage in Chamonix Rollie Kjesbo moved to approve with conditions. Brian Gillette seconded the motion and it passed (6-0). Absent:(1)Hopkins 2.9.A request for the review of a Conditional Use Permit, pursuant to Section 12-16, Conditional Use Permits, Vail Town Code, to allow for the construction of dwelling units within the Housing (H) zone district, located at located at 2310 and 2420 Chamonix Lane, Parcel B and a northern portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1and setting forth details in regard thereto. (P E C19-0034) 15 min. Applicant:Town of Vail, represented by George Ruther, Housing Director Planner:J onathan Spence 1. Approval of this conditional use permit is contingent upon the future developer obtaining Town of Vail approval for an amendment to the Chamonix Vail Development Plan with a finding that the architectural design of the new structure is compativle with the 32-unit Chamonix Townhouse development. Spence – This would allow market rate units to be created. Of the 6 items 2 are for recommendation to Town Council, the other 4 are final approval here at the P E C. Those four items are contingent on approval by the Town Council. Kurz – Procedural, is there an applicant representative here? I s there a profound reason that the applicant himself could not be here? Gennett – Town Council is the actual applicant, so any representative from Town can represent for them. Kurz – These are major applications and the direct applicant cannot be here. I f we did have questions we wouldn’t get the real answers from the applicant. Perez – W e had questions from last time that we wanted the applicant to be here to answer. W e haven’t gotten any new information like we would have liked. Gillette – Are there any other lots zoned housing? Spence – No. November 19, 2019 - Page 127 of 130 Stockmar – There could be more parcel zoned this in the future though. Spence – Currently Multi-family is not allowed on steep slopes, so this would be a policy change. Gillette – if we have this many variances then the language was probably wrong in the first place. Summary Comments Kurz – I voice my frustration that the main man was not here for the second time. I think this application is in keeping with what was proposed originally. The plan for selling part of the property to recoup funds is appropriate. I t is not overwhelming to the Chamonix or the general project. I ’m happy to move forward with this. Lockman – Agreed that there would be frustration in the process with not having George here again. Thought they were tabled so he could make it. Fine with moving forward with the proposals Perez – Echoing the concerns of commissioners, would have liked the presenter to be here. Gillette - Ok with the applications. Steep but the neighbors are way higher up and won’t be obscuring anyone. W ould have like to see more setback on the East side as the architecture will not be the same. I t would look better to be more separated. Stockmar – How wide is that tail? Spence – 10 ft Stockmar – Adding 10 feet wouldn’t be disastrous, making it a 20 ft setback. Lockman – Would it affect construction with that side being less steep? Gillette – I t makes more sense as you could have more area around the place to get machines Stockmar – I agree a larger setback would be appropriate. Spence – This can be done as part of the motion as a condition. Kjesbo – I agree about frustrations as Kurz. Stockmar – I too agree with what’s been said, and I support the package. Rollie Kjesbo moved to approve with conditions. Brian Gillette seconded the motion and it passed (6-0). Absent:(1)Hopkins 3.Approval of Minutes 3.1.October 14, 2019 P E C Results Ludwig Kurz moved to approve. Rollie Kjesbo seconded the motion and it passed (5-0). Abstain:(1)Gillette Absent:(1)Hopkins 4.Adjournment Rollie Kjesbo moved to adjourn. Brian Gillette seconded the motion and it November 19, 2019 - Page 128 of 130 passed (6-0). Absent:(1)Hopkins 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 November 19, 2019 - Page 129 of 130 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 at 7:15 p.m. (est.) November 19, 2019 - Page 130 of 130