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Home My WebLink About2020-01-07 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, January 7, 2020 Notes: Times of items are approximate, subject to c hange, and cannot be relied upon to determine what time C ounc il will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community conc ern, and any items that are not on the agenda. Please attempt to keep c omments to three minutes; time limits established are to provide efficienc y in the c onduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1.Citizen Participation (10 min.) 2.Any action as a result of executive session 3.Consent Agenda (5 min.) 3.1.December 3, 2019 Town Council Meeting Minutes 3.2.December 17, 2019 Town Council Meeting Minutes 3.3.Resolution No. 1, Series of 2020, A Resolution Adopting the Town's W ebsite as the Town's Public Notice Posting Location 3.4.Resolution No. 2, Series of 2020 I GA with Town of Vail and E C HD A Fourth Amendment 3.5.Authorization of Final I nstallment Payment and Acceptance of the Monument Pete's Dream Background: On December 26, 2018 the Town of Vail entered into an Art I nstallation Agreement with Herb Mignery for the sculputre Pete's Dream in the amount of $300,000 to be paid in three installments of $100,000. The sculputre Pete's Dream was delivered and installed December 23rd. 4.Town Manager Report (10 min.) 4.1.Confirm 2020 State of the Town Community Meeting Date (propose March 10) 5.Public Hearings 5.1.Ordinance No. 21, Series of 2019, second reading of an ordinance 5 min. January 7, 2020 - Page 1 of 100 authorizing the sale of certain vacant land in the Chamonix Vail Community to Chamonix Parcel E, L L C for $875,000 Presenter(s): George Ruther, Housing Director Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 21, Series of 2019, on second reading. Background: The Vail Town Council unanimously approved Ordinance No. 21, Series of 2019, on first reading on December 17th as read. Staff Recommendation: The town staff recommends the Vail Town Council approves Ordinance No. 21, Series of 2019 on second reading. 5.2.Ordinance No. 15, Series of 2019, Second Reading, An Ordinance Amending Section 12-2-2 of the Vail Town Code to Clarify Certain Definitions, and Amending Section 12-2-1 of the Vail Town Code to Delete Duplicative Definitions 5 min. Presenter(s): Erik Gates, Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 15, Series of 2019, upon second reading. Background: The applicant, the Town of Vail, is proposing numerous changes to Sections 12-2-2, Definitions of W ords and Terms, and Section 14-2-1, Definitions of W ords and Terms, Vail Town Code, in order to clarify existing term definitions and to maintain a consistency of definitions between Title 12 and Title 14 within the Town Code. Staff Recommendation: Approve Ordinance No. 15, Series of 2019 upon second reading. 5.3.Ordinance No. 16, Series of 2019, Second Reading, An Ordinance Amending Section 14-6-7.a of the Vail Town Code to Clarify Design Standards for Retaining Walls 15 min. Presenter(s): Erik Gates, Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 16, Series of 2019, upon second reading. Background: The applicant, the Town of Vail, is proposing an amendment to Section 14-6-7, Retaining Walls, to allow the Design Review Board to permit retaining walls in excess of three feet (3') within the front setback when related to the development of a structure on excessive slopes. Existing regulations only allow for Design Review Board approval of retaining walls in excess of three feet (3') within the front setback when related to a garage in the front setback or access to a structure. Staff Recommendation: Approve Ordinance No. 16, Series of 2019 upon second reading 6.Adjournment 6.1.Adjournment (est. 6:55 pm) 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 January 7, 2020 - Page 2 of 100 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. January 7, 2020 - Page 3 of 100 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: December 3, 2019 Town Council Meeting Minutes AT TAC H ME N TS: Description December 3, 2019 Town Council Meeting Minutes January 7, 2020 - Page 4 of 100 Town Council Meeting Minutes of December 3, 2019 Page 1 Vail Town Council Meeting Minutes Tuesday, December 3, 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 Kim Langmaid, Mayor Pro Tem Jenn Bruno Travis Coggin Kevin Foley Jen Mason Brian Stockmar Staff members present: Scott Robson, Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation There was no citizen participation. 2. Proclamations 2.1. Proclamation No. 12, Series of 2019, A Proclamation Declaring December 12, 2019, as "WhoVail Day" Presenter(s): Meredith Macfarlane, General Manager Four Seasons Resort and Residences Vail and Jonathan Reap, Director of Public Relations and Communications Four Seasons Resort and Residences Vail Each council member took turns reading the proclamation into the record. Council took a group photo with the Grinch. 3. Appointments for Boards and Commissions 3.1. Planning and Environmental Commission (PEC) Appointment Presenter(s): Dave Chapin, Mayor Action Requested of Council: Motion to appoint one member to the Planning and Environmental Commission (PEC) for a partial term ending March 31, 2020. Langmaid made a motion to appoint Pete Seibert Jr. to a partial term ending March 31, 2020; Foley seconded the motion passed (7-0). January 7, 2020 - Page 5 of 100 Town Council Meeting Minutes of December 3, 2019 Page 2 3.2. Vail Local Marketing District Advisory Council (VLMDAC) Appointment Presenter(s): Dave Chapin, Mayor Action Requested of Council: Motion to appoint four members to the Vail Local Marketing District Advisory Council (VLMDAC) for a two-year term ending December 31, 2021. Langmaid made a motion to appoint Amy Moser Harrison, Laurie Mullen, Erica Cannava and Jana Morgan each to a two-year term ending December 31, 2021; Mason seconded the motion passed (7-0). 4. Any action as a result of executive session There was no action as a result of the afternoon executive session. 5. Town Manager Report Robson, Town Manager, welcomed back to work fire fighter, Lt. Scott Bridges, who suffered sever injuries last winter when he assisted with a motor vehicle accident. Additionally, Robson noted December 16th was the deadline for Vail Trailblazer Award nominations and proposed the morning of January 21 for the council retreat; which council agreed worked for everyone. Council also agreed Robson would prepare and send a letter of support in relation to the Land & Water Conservation Fund on their behalf. 6. Action Items 6.1. Ordinance No. 20, Series 2019, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Marketing Fund, Dispatch Services Fund, Heavy Equipment Fund Presenter(s): Carlie Smith, Financial Service Manager Action Requested of Council: Approve or approve with amendments Ordinance No. 20, Series 2019 Background: Please see attached memo. Staff Recommendation: Approve or approve with amendments Ordinance No. 20, Series 2019 Smith reviewed the second budget supplemental for 2019 explaining the supplemental budgeted for expenditures for numerous projects and programs Council approved funding for since April. She recommended council returning to a policy of three supplements per year in order to maintain an up to date budget that reflected Council’s decisions in a timelier manner. Smith reviewed the adjustments to the 2019 budget: • General Fund expenditure adjustments to the 2019 budget resulted in a net decrease of $390,503 with a fund balance of $32.1 million by the end of 2019. • Capital Projects Fund would be adjusted by $1,273,700. The proposed budget adjustments would result in an estimated fund balance of $16.5 million by the end of 2019. January 7, 2020 - Page 6 of 100 Town Council Meeting Minutes of December 3, 2019 Page 3 • Housing Fund budgeted revenue would be increased by $421,032 to reflect Employee Housing Fee in Lieu collections during 2019. The Housing Fund also reflected a change in the transfer from the Capital Projects Fund. In total a new transfer of $1,330,259 would be reflected as revenue. • Real Estate Transfer Tax Fund revenue would be adjusted by an increase $252,958 which would directly be offset by corresponding expenditures. The proposed budget adjustments would result in an estimated fund balance of $3,726,874 by the end of 2019. • Marketing Fund budgeted revenue e increased by a $135,000 transfer from the General Fund to be offset by corresponding expenditures which included $120,000 for Revely Vail events and $15,000 for Vail Holidays. The proposed budget adjustments would result in an estimated fund balance of $274,288 by the end of 2019. There was no public comment. Langmaid made a motion to approve Ordinance No. 20 Series of 2019 upon first reading with staff recommendations; Bruno seconded the motion passed (7-0). 6.2. Ordinance No. 19, Series of 2019, First Reading: Amendments to Title 10, Title 12 and Title 14 of the Town of Vail Code Related to Wildland Urban Interface Building Construction and Landscaping. Presenter(s): Mark Novak, Fire Chief; Paul Cada, Wildland Program Manger Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 19, Series of 2019, upon first reading. Background: The applicant, the Town of Vail is proposing to amend Title 10, Title 12 and Title 14 of the Town of Vail Code to increase ignition resistance of new construction and landscaping. Staff Recommendation: Approve on first reading Ordinance No. 19, Series of 2019. Novak reviewed the ordinance more in depth during the afternoon meeting. Council confirmed this ordinance would not affect current projects. There was no public comment. Foley made a motion to approve Ordinance No.19, Series of 2019 upon first reading; Mason seconded the motion passed (7-0). 6.3. This item was added to the agenda on December 2, 2019. Ordinance No. 22, Series of 2019, First Reading, An Ordinance Amending Section 4-3-3-2 of the Vail Town Code to Impose a Special Sales Tax on Cigarettes, Tobacco Products and Nicotine Products at the Rate of 15 cents Per Cigarette Sold or $3.00 Per Pack of 20 Cigarettes Sold and 40% on the Price Paid for the Purchase of all Other Tobacco Products and Nicotine Products, Starting on January 1, 2020 Presenter(s): Matt Mire, Town Attorney January 7, 2020 - Page 7 of 100 Town Council Meeting Minutes of December 3, 2019 Page 4 Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 22, Series of 2019 upon first reading Background: On November 5th the Vail voters approved Ballot Issue No. 1, authorizing the imposition of a special sales tax on cigarettes, tobacco products and nicotine products beginning January 1, 2020. Ordinance No. 22, Series of 2019 implements the collection of that tax. Staff Recommendation: Approve Ordinance No. 22, Series of 2019 upon first reading Mire reviewed the ordinance with Council explaining the ordinance was necessary due to Vail citizens passing Ballot Issue No. 1 authorizing a special sales tax on cigarettes, tobacco and nicotine products last November. Council requested some of the funds from the collection of the tax to go towards mental health and subtense addiction. There was no public comment. Bruno made a motion to approve Ordinance No. 22, Series of 2019 upon first reading; Langmaid seconded the motion passed (6-1 *Foley opposed) 7. Public Hearings 7.1. Ordinance No. 17, Series 2019, Second 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 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. Kathleen Halloran, Finance Director, requested Council table the second reading of Ordinance 17, Series of 2019 to the December 17 meeting due to Eagle County assessment had not been completed. There was no public comment. Stockmar moved to table Ordinance No. 17, Series of 2019 to the December 17 Town council meeting; Foley seconded the motion passed (7-0). 7.2. Second 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. January 7, 2020 - Page 8 of 100 Town Council Meeting Minutes of December 3, 2019 Page 5 Presenter(s): Jonathan 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 second reading. 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: The Vail town Council approved Ordinance No. 18, Series of 2019, unanimously on first reading on November 19, 2019. Spence stated there were no changes to Ordinance No. 18, Series of 2019 since the first reading. There was no public comment. Coggin made a motion to approve Ordinance No. 18, Series of 2019 upon second reading; Bruno seconded the motion passed 7-0. There being no further business to come before the council, Foley moved to adjourn the meeting; Coggin seconded the motion which passed (7-0) and the meeting adjourned at 6:49 p.m. Respectfully Submitted, Attest: __________________________________ Dave Chapin, Mayor ___________________________________ Tammy Nagel, Town Clerk January 7, 2020 - Page 9 of 100 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: December 17, 2019 Town Council Meeting Minutes AT TAC H ME N TS: Description December 17, 2019 Town Council Meeting Minutes January 7, 2020 - Page 10 of 100 Town Council Meeting Minutes of December 17, 2019 Page 1 Vail Town Council Meeting Minutes Tuesday, December 17, 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 Kim Langmaid, Mayor Pro Tem Jenn Bruno Travis Coggin Kevin Foley Jen Mason Brian Stockmar Staff members present: Scott Robson, Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation Michael Cacioppo, Eagle County resident, asked questions of council member Coggin concerning his employment history. Tom Vucich, East Vail resident, requested council meet with PEC members about concerns some of the members have made regarding the sequence of the development review process and their roles. 2. Appointments for Boards and Commissions 2.1. Appoint three members to the Commission on Special Events (CSE). Presenter(s): Dave Chapin, Mayor Action Requested of Council: Motion to appoint three people to the CSE for a two-year term ending December 31, 2021. Langmaid made a motion to appoint Kim Rediker, Samantha Biszantz and Jill Lau to serve a two-year term each on the CSE; Mason seconded the motion passed (7-0). 3. Consent Agenda 3.1. November 5, 2019 Town Council Meeting Minutes Foley made a motion to approve November 5, 2019 meeting minutes; Langmaid seconded the motion passed (6-0) *Stockmar recused. 3.2. November 19, 2019 Town Council Meeting Minutes January 7, 2020 - Page 11 of 100 Town Council Meeting Minutes of December 17, 2019 Page 2 Foley made a motion to approve the November 19, 2019 meeting minutes; Langmaid seconded the motion passed (6-0) *Bruno recused. 3.3. Contract for Data Center Jenn Bruno made a motion to authorize the Town Manager to enter into an agreement with ULF & Associates in an amount not to exceed $791,396.00; Stockmar seconded the motion passed (7-0). 3.4. Resolution No. 47, Series of 2019, A Resolution Accepting a Donation of Real Property (East Vail parcel 2101-123-00-006). Bruno made a motion to approve Resolution No. 47, Series of 2019; Coggin seconded the motion passed (7-0). 3.5. Resolution No. 48, Series 2019 - East Vail I-70 Interchange Pedestrian Path Grant Application Bruno made a motion to approve Resolution No. 48, Series of 2019; Coggin seconded the motion passed (7-0). 3.6. Resolution No. 49, Series of 2019 Release of Solar Vail Deed Restrictions Replaced by New Restriction Bruno made a motion to approve Resolution No. 49; Langmaid seconded the motion passed (7- 0). 3.7. Resolution No. 50, Series of 2019, A Resolution Approving an Amended Operating Plan and Budget of the Vail Local Marketing District for its Fiscal Year January 1, 2019 Through December 31, 2019 Bruno made a motion to approve Resolution No. 50; Langmaid seconded the motion passed (7- 0). 4. Town Manager Report 4.1. Wildlife Mitigation Update (Verbal Update) Presenter(s): Scott Robson, Town Manager Robson recommended forming of a Bighorn Sheep Habitat Improvement Working Group made up of a representative from the Colorado Division of Wildlife, U.S. Forest Service, an independent wildlife biologist and the Town of Vail. The working group would discuss short- and long-term improvements addressing the East Vail bighorn sheep habitat. Representing the Town of Vail would be Scott Robson, Kristen Bertuglia, Mark Novak, Kim Langmaid and another council member. Stockmar requested to be the other council member since he lived in East Vail. 4.2. Wifi Data Update January 7, 2020 - Page 12 of 100 Town Council Meeting Minutes of December 17, 2019 Page 3 Presenter(s): TJ Johnson, IT Director and Mia Vlaar, Economic Development Director Background: The Town of Vail will be moving to gated access to the free Vail WiFi in late December. Gated access is a common practice in locations where free WiFi is offered. The gated access requires a first and last name and email address before accessing WiFi. The change was requested by the Vail Local Marketing District Advisory Council as a key component to support the Web and Data initiative. The goal is to begin to capture guest contact information in order to support building our guest database and to improve our ability to communicate directly with our constituents. Vlaar stated the WIFI would still be free in Vail, but the users will need to complete a onetime survey per device. 4.3. Review of Solicitation Flyer Presenter(s): Scott Robson, Town Manager Robson reviewed the message that would be posted on sandwich boards informing guests and residents ways to report solicitation that is unfriendly or aggressive. This would assist with tracking complaints. Bruno requested adding a text number that people can report or issue a complaint. 5. Presentations / Discussion 5.1. West Vail Master Plan Review Goals Presenter(s): Matt Gennett, Director of Community Development Action Requested of Council: Staff asks Council to review the presentation and provide requested direction. Background: Following up from the West Vail Master Plan introductory presentation to Council on November 19, 2019 staff is seeking Council confirmation of the proposed master plan goals for incorporation into an RFP for consulting services. The Vail Town Council Action Plan 2018- 20 identifies the creation and adoption of a new West Vail Master Plan as a Town Council priority in the Community Element section of that document. Gennett informed council he was in the process of drafting an RFP for consulting services for the West Vail Master Plan but wanted to confirm he captured council’s four goal statements from the November 19th meeting for incorporation into the RFP. ✓ Thoroughly engage the community to understand their ideas, goals and opinions for West Vail ✓ Establish a framework for implementation of environmentally sustainable best practices for future development ✓ Identify opportunities to better utilize land in West Vail including options for future housing sites ✓ Foster economic development and create a more vibrant, aesthetically enhanced residential and commercial area to meet community expectations January 7, 2020 - Page 13 of 100 Town Council Meeting Minutes of December 17, 2019 Page 4 Council agreed with the four goal statements. 6. Action Items 6.1. Ordinance No. 15, Series of 2019, First Reading, An Ordinance Amending Section 12-2-2 of the Vail Town Code to Clarify Certain Definitions, and Amending Section 12-2-1 of the Vail Town Code to Delete Duplicative Definitions Presenter(s): Erik Gates, Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 15, Series of 2019, upon first reading. Background: The applicant, the Town of Vail, is proposing numerous changes to Sections 12-2- 2, Definitions of Words and Terms, and Section 14-2-1, Definitions of Words and Terms, Vail Town Code, in order to clarify existing term definitions and to maintain a consistency of definitions between Title 12 and Title 14 within the Town Code. Staff Recommendation: The Planning and Environmental Commission recommended approval of Ordinance No. 15, Series of 2019, unanimously on September 23, 2019. Gates reviewed Ordinance No. 15, Series of 2019 with council stating the proposed code changes are related to clarification or simplification of existing definitions. There was no public comment. Coggin made a motion to approve first reading of Ordinance No. 15, Series of 2019; Stockmar seconded the motion passed (7-0). 6.2. Ordinance No. 16, Series of 2019, First Reading, An Ordinance Amending Section 14-6-7.a of the Vail Town Code to Clarify Design Standards for Retaining Walls Presenter(s): Erik Gates, Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 16, Series of 2019, upon first reading. Background: The applicant, the Town of Vail, is proposing an amendment to Section 14-6-7, Retaining Walls, to allow the Design Review Board to permit retaining walls in excess of three feet (3') within the front setback when related to the development of a structure on excessive slopes. Existing regulations only allow for Design Review Board approval of retaining walls in excess of three feet (3') within the front setback when related to a garage in the front setback or access to a structure. Staff Recommendation: The Planning and Environmental Commission recommended approval of Ordinance No. 16, Series of 2019, unanimously on September 23, 2019. January 7, 2020 - Page 14 of 100 Town Council Meeting Minutes of December 17, 2019 Page 5 Gates reviewed Ordinance No. 16, Series of 2019 with council stating the amending Section 14- 6-7: Retaining Walls to allow for a 3’ retaining wall within the front setback. Gates explained this amendment would allow greater flexibility to build with respect to specific topography. There was no public comment. Coggin made a motion to approve Ordinance No. 16, series of 2019 upon first reading; Mason seconded the motion passed (7-0). 6.3. Ordinance No. 21, Series of 2019, First Reading, An Ordinance authorizing the sale of certain vacant land in the Chamonix Vail Community to STK Capital LLC for $875,000 Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approved, approve with modifications, or deny Ordinance No. 21, Series of 2019 on first reading Background: The Vail Town Council instructed the town staff to submit the necessary development review applications to facilitate the sale of a vacant parcel of land in the Chamonix Vail Community Subdivision. This parcel of land was intentionally left vacant at the time of the development of the Chamonix Vail Townhomes with the intent to sell the parcel in the future for free-market and deed-restricted development. Staff Recommendation: The town staff recommends the Vail Town Council approves Ordinance No. 21, Series of 2019, on first reading. Approval of this ordinance aligns with town council direction and furthers the Town's goal of acquiring 1,000 new deed restrictions by the year 2027. Matt Mire reviewed Ordinance No. 21, Series of 2019 with council which authorized the sale of the Chamonix Parcel E for $875,000. Council asked if the funds would be allocated to the Housing Fund which Smith replied council could add that request in their motion tonight during the second reading of the second supplemental. Coggin made a motion to approve Ordinance No. 21, Series of 2019 upon first reading; Foley seconded the motion passed (7-0). 7. Public Hearings 7.1. Ordinance No. 17, Series 2019, Second Reading, 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. Presenter(s): Carlie Smith, Financial Services Manager Action Requested of Council: Approve, or approve with amendments Ordinance No. 17, Series 2019. Background: Please see attached memo. January 7, 2020 - Page 15 of 100 Town Council Meeting Minutes of December 17, 2019 Page 6 Staff Recommendation: Approve Ordinance No. 17, Series 2019. Kathleen Halloran, Finance Director, stated Ordinance No. 17, Series of 2019 had been updated since the first reading on December 3rd to reflect the revised assessed valuations from Eagle County. The valuations decreased by $10,568 which would not affect the conservative 2020 budget. There was no public comment. Bruno made a motion to approve Ordinance No. 17, series of 2019 upon second reading; Foley seconded the motion passed (7-0). 7.2. Ordinance No. 19, Series of 2019, Second Reading, Amendments to Title 10, Title 12 and Title 14 of the Town of Vail Code Related to Wildland Urban Interface Building Construction and Landscaping. Presenter(s): Mark Novak, Fire Chief; Paul Cada, Wildland Program Manager Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 19, Series of 2019, upon second reading. Background: The applicant, the Town of Vail is proposing to amend Title 10, Title 12 and Title 14 of the Town of Vail Code to increase ignition resistance of new construction and landscaping. Staff Recommendation: Approve on second reading Ordinance No. 19, Series of 2019. Novak confirmed there have been no changes since first reading of Ordinance No. 19, Series of 2019. Coggin made a motion to approve Ordinance No. 19, Series of 2019 upon second reading; Stockmar seconded the motion passed (7-0). 7.3. Ordinance No. 20, Series of 2019, Second Reading, An Ordinance Making 5 min. Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Marketing Fund, Heavy Equipment Fund, and Dispatch Services Fund. Presenter(s): Carlie Smith, Financial Services Manager Action Requested of Council: Approve or approve with amendments Ordinance No. 20, Series 2019. Background: Please see attached memo. Staff Recommendation: Approve or approve with amendments Ordinance No. 20, Series 2019. Smith reviewed the changes since first reading of Ordinance No. 20, Series of 2019 with council. January 7, 2020 - Page 16 of 100 Town Council Meeting Minutes of December 17, 2019 Page 7 • General Fund was adjusted by $10,000 increase in the Real Estate Transfer Tac collection fee. Budgeted revenue would be adjusted by $9,000 state I-70 POST grant to offset expenditures for police officers to attend Spanish language classes • Capital Projects Fund was adjusted by an increase of $595,000 for the remaining reimbursement of the federal grant for the reconstruction of Bridge Road Bridge. Additionally, there will be an adjusted increase of $90,000 from the 1% Holy Cross Franchise Fee to be used towards sharing the costs of undergrounding overhead electric and other utility lines. • Housing Fund was adjusted by an increase of $195,000 per council’s request on December 3rd to allow the decrease in budget from a reduction in the number of deed restrictions purchased at Solar Vail be allocated to the InDEED Program rather than be transferred back to the Capital Projects Fund. • Real Estate Transfer Tax Fund was increased by $200,000 to reflect actual 2019 RETT collections. There was no public comment. Coggin made a motion to approve Ordinance No. 20, Series of 2019 with the addition of transferring the proceeds from the Sale of Chamonix Parcel E in the amount of $875,000 into the Housing Fund; Bruno seconded the motion passed (7-0). 7.4. Ordinance No. 22, Series 2019, Second Reading, An Ordinance Amending 5 min. Section 4-3-3-2 of the Vail Town Code to Impose a Special Sales Tax on Cigarettes, Tobacco Products and Nicotine Products at the rate of 15 cents per cigarette sold or $3.00 per pack of 20 cigarettes sold and 40% on the price paid for the purchase of all other tobacco products and nicotine products, starting January 1, 2020 Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 22, Series 2019 upon second reading. Background: On November 5th the Vail voters approved Ballot Issue No. 1, authorizing the imposition of a special sales tax on cigarettes, tobacco products and nicotine products beginning January 1, 2020. Ordinance No. 22, Series 2019 implements the collection of that tax. Staff Recommendation: Approve Ordinance No. 22, Series 2019 upon second reading. Mire stated there were no changes to Ordinance No. 22, Series of 2019 since first reading. There was no public comment. Coggin made a motion to approve Ordinance No. 22, Series of 2019 upon second reading; Stockmar seconded the motion passed (6-1 Foley opposed). There being no further business to come before the council, Foley moved to adjourn the meeting; Coggin seconded the motion which passed (7-0) and the meeting adjourned at 7:05 p.m. January 7, 2020 - Page 17 of 100 Town Council Meeting Minutes of December 17, 2019 Page 8 Respectfully Submitted, Attest: __________________________________ Dave Chapin, Mayor ___________________________________ Tammy Nagel, Town Clerk January 7, 2020 - Page 18 of 100 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. 1, Series of 2020, A Resolution A dopting the Town's Website as the Town's Public Notice Posting L ocation AT TAC H ME N TS: Description Resolution No. 1 Series of 2020 January 7, 2020 - Page 19 of 100 RESOLUTION NO. 1 SERIES OF 2020 A RESOLUTION ADOPTING THE TOWN'S WEBSITE AS THE TOWN’S POSTING LOCATION WHEREAS, the Colorado Legislature passed House Bill 19-1087, amending C.R.S. § 24- 6-402 to encourage local governments to transition from posting physical notices of public meetings in physical locations to posting notices electronically on a website; WHEREAS, House Bill 19-1087 provides that after July 1, 2019, a local government is deemed to have given full and timely notice of a public meeting if the local public body posts notice on its official website at no charge to the public at least 24 hours prior to the meeting; WHEREAS, the Town maintains an official website; and WHEREAS, the Council wishes to adopt the Town's website as the official posting location for public meetings. NOW BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town's website, www.vailgov.com, is hereby adopted as the official posting location for all meeting notices pursuant to C.R.S. § 24-6-402. Section 2. Town staff is hereby directed to provide the official website address to the State Department of Local Affairs for inclusion in the Department's inventory. Section 3. In the event online notice is not possible due to emergency circumstances, the alternative posting place is the bulletin board at the Vail Town Hall, 75 S. Frontage Road, Vail, Colorado. ADOPTED this 7TH day of January, 2020. __________________________________ Dave Chapin, Mayor ATTEST: _________________________________ Tammy Nagel, Town Clerk January 7, 2020 - Page 20 of 100 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. 2, Series of 2020 I G A with Town of Vail and E C HD A Fourth A mendment AT TAC H ME N TS: Description Resolution No. 2, Series of 2020 Memorandum Resolution No. 2, Series of 2020 IG A with Town of Vail and E C H D A Fourth Amendment final January 7, 2020 - Page 21 of 100 To: Vail Town Council From: George Ruther, Housing Director Date: January 7, 2020 Subject: Resolution No. 2, Series of 2020 I. Purpose The purpose of this memorandum is to share a brief background of Resolution No. 2, Series of 2020. Resolution No. 2, Series of 2020 authorizes the Town Manager to sign a fourth amendment to an existing Intergovernmental Agreement (IGA) with the Eagle County Housing and Development Authority (ECHDA) for certain housing-relating services. The Agreement outlines both the scope of services provided by ECHDA, as well as the fees to be paid by the Town of Vail for said services. In summary, ECHDA shall provide the following services: • real estate sales of existing deed restricted homes, • resale lottery process assistance, and, • information sharing (Vail InDEED, home buyer education, personal finance, budgeting, etc.) and meeting participation through The Valley Home Store. ECHDA is no longer being asked to assist with EHU compliances efforts on behalf of the Town. That work is completed internally without additional outside support. The total cost of services shall not exceed $7,800, as outlined in the Resolution. This cost is included in the 2020 Town of Vail Budget. Historically, the Town has partnered regionally with ECHDA for certain housing-related services. For the past three years the Town and ECHDA have partnered successfully to avoid redundant efforts and increase efficiencies, when additional support was needed. This partnership reduces the operating expenses of the Town’s Housing Department. Should circumstances change during the term of the Agreement, the Agreement may be terminated with 30 days written notice from either party, with or without cause. January 7, 2020 - Page 22 of 100 RESOLUTION NO. 2 SERIES OF 2020 A RESOLUTION APPROVING A FOURTH AMENDMENT TO AGREEMENT BETWEEN THE EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY AND THE TOWN OF VAIL WHEREAS, the Eagle County Housing and Development Authority (the "ECHDA' ') and the Town entered into an agreement dated the 31st day of May, 201 6, for certain Services (the "Original Agreement"); WHEREAS, the Original Agreement contemplated that the ECHDA would perform certain Services for the Town with compensation in an amount equal to $11,700 plus 2% of the deed restricted sales that the ECHDA completes; WHEREAS, the ECHDA and the Town entered into a First Amendment dated the 18th day of January, 2017 and effective as of the 31st day of December, 2016 to extend the term of the Original Agreement and have ECHDA perform certain Services for additional compensation; WHEREAS, the ECHDA and the Town entered into a Second Amendment dated the 27th day of February, 2018 and effective as of the 31st day of December, 2017, to extend the term of the Original Agreement and to have the ECHDA perform certain services for additional compensation; WHEREAS, the ECHDA and the Town entered into a Third Amendment dated the 31st day of December, 2018 and effective as of the 31st day of December, 2018, to extend the term of the Original Agreement and to have the ECHDA perform certain services for additional compensation; WHEREAS, ECHDA and Town desire to modify the scope of Services and compensation for 2020 as set forth in the Agreement attached as Exhibit A and made a part hereof by this reference (the "Fourth Amendment "); and WHEREAS, the term of the Original Agreement expired on the 31st day of December, 2019, and the parties also desire to extend the term for an additional year. NOW, THEREFORE, BE IT RESOLVED BY TOWN COUNCIL FOR THE TOWN OF VAIL, STATE OF COLORADO: Section 1 . The Council hereby approves the Fourth Amendment and authorizes the Town Manager to enter into the Fourth Amendment in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 7th day of January, 2020. Dave Chapin, Mayor Town of Vail Tammy Nagel Town Clerk January 7, 2020 - Page 23 of 100 FOURTH AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY AND THE TOWN OF VAIL THIS FOURTH AMENDMENT (“Fourth Amendment”) is effective as of the 31st day of December, 2019, by and between the Town of Vail, a municipal corporation (hereinafter “Town”) and Eagle County Housing and Development Authority, a body corporate and politic (hereinafter “ECHDA”). RECITALS WHEREAS, ECHDA and Town entered into an agreement dated the 31st day of May, 2016, for certain Services (the “Original Agreement”); and WHEREAS, the Original Agreement contemplated that ECHDA would perform certain Services for Town with compensation in an amount equal to $11,700 plus 2% of the deed restricted sales that ECHDA completes; and WHEREAS, ECHDA and Town entered into a First Amendment effective as of the 31st day of December, 2016, to extend the term of the Original Agreement and to have the ECHDA perform certain Services for additional compensation; and WHEREAS, the ECHDA and Town entered into a Second Amendment effective as of the 31st day of December, 2017, to extend the term of the Original Agreement and to have the ECHDA perform certain Services for additional compensation; and WHEREAS, the ECHDA and Town entered into a Third Amendment effective as of the 31st day of December, 2018, to extend the term of the Original Agreement and to have the ECHDA perform certain Services for additional compensation; and WHEREAS, ECHDA and Town desire to modify the scope of Services and compensation for 2020 and to extend the term of the Original Agreement for an additional year, as set forth below; and FOURTH AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1. The Original Agreement shall be amended to include 2020 Services as described in Exhibit 1, which is attached hereto and incorporated herein by reference. January 7, 2020 - Page 24 of 100 2. The compensation for the 2020 Services set forth in Exhibit 1 shall not exceed $7,800 plus 2% of the deed restricted sales that ECHDA completes. 3. The term of the Original Agreement is hereby extended to the 31st day of December, 2020. 4. Capitalized terms in this Fourth Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Fourth Amendment conflict with, modify or supplement portions of the Original and First, Second and Third Amendments, the terms and provisions contained in this Fourth Amendment shall govern and control the rights and obligations of the parties. 5. Except as expressly altered, modified and changed in this Fourth Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 6. This Fourth Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Original Agreement the day and year first above written. EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY By: _____________________________ Kathy Chandler-Henry, Chair Attest: By: ____________________________ Regina O’Brien, Clerk TOWN OF VAIL By:__________________________________ Dave Chapin, Mayor Attest: By: _____________________________ Tammy Nagel, Town Clerk January 7, 2020 - Page 25 of 100 EXHIBIT 1 2020 SCOPE OF SERVICES AND FEES The following services will be provided to the Town of Vail (Town) by ECHDA through The Valley Home Store (hereinafter “TVHS”): 1. Resales of the Town’s deed restricted housing stock. a. Includes all aspects of sales, from listing through closing of the unit ensuring compliance with all aspects of the deed restrictions. b. ECHDA/TVHS staff will hold 2 open houses for each listing and/or provide individual unit showings as appropriate. c. ECHDA/TVHS will cause units offered for sale to be advertised in accordance with the Town’s adopted Employee Housing Guidelines. d. ECHDA/TVHS will assist sellers, buyers, lenders, and appraisers through the real estate process. e. ECHDA/TVHS will comply with policies and procedures outlined in the Guidelines, as may be updated from time to time, as applicable. ECHDA/TVHS will receive sales fees of 2% of the deed restricted sales that it completes as compensation for this service. 2. ECHDA/TVHS will serve as a resource to Town and consumers regarding the Town’s housing programs and initiatives a. Communicate Town’s housing program and initiatives information on TVHS website, including deed restriction purchase program. b. Provide three (3) in person first time homebuyer education course. c. Provide individual credit counseling or budgeting sessions to buyers or owners of Town units or down payment assistance programs. d. Attend work sessions with Vail Local Housing Authority or Town Council as requested and recommend best practices. e. Provide best practices and recommendations for Housing Guidelines revision, if needed. f. Provide timely Comparative Market Analysis or equivalent Vail Board of Realtors utilizing the Multiple List Service report in order to assist with the Vail InDeed program. Compensation for this service will be $7,800 and will be paid by the Town to ECHDA/TVHS, upon receipt of an invoice from ECHDA, in December, 2020. This fee is based on 120 hours of work at $65/hour. January 7, 2020 - Page 26 of 100 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 uthorization of Final I nstallment Payment and A cceptance of the Monument P ete's Dream AC T IO N RE Q UE S T E D O F C O UNC I L: Make a motion to authorize the final installment payment of $100,000 and acceptance of the sculpture titled Pete's Dream B AC K G RO UND: On December 26, 2018 the Town of Vail entered into an Art I nstallation A greement with Herb Mignery for the sculputre Pete's Dream in the amount of $300,000 to be paid in three installments of $100,000. T he sculputre P ete's Dream was delivered and installed December 23rd. AT TAC H ME N TS: Description Art Installation Agreement Pete's Dream January 7, 2020 - Page 27 of 100 ART INSTALLATION AGREEMENT THIS ART INSTALLATION AGREEMENT (the "Agreement") is made and entered into this 9.( 014 day of DECE E1 . 2018 (the "Effective Date"), by and between the TOWN OF VAIL, a Colorado home rule municipality (the "Town"), and Herb Mignery , an individual ("Artist") (each individually a "Party" and collectively the "Parties"). WHEREAS, the Town owns the real property more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the Premises"); and WHEREAS, the Town wishes to purchase Artist's artwork for installation on the Premises. NOW THEREFORE, for and in consideration of the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: SECTION I— INSTALLATION A. The Artist shall complete the creation, fabrication, and delivery of the artwork described in Exhibit B, attached hereto and incorporated herein by this reference (the "Art") as approved by the Town of Vail (the "Town") on or before DM 20111 (the "Installation Date"). The Artist shall perform all services and furnish all supplies, material and equipment as necessary for the creation, fabrication and delivery of the Art. The installation shall comply with this Agreement and applicable law. B. Delivery of materials and equipment shall comply with applicable Town regulations. Artist is responsible for scheduling deliveries with the Town. Permission to drive vehicles onto pedestrian walkways for the purpose of delivery of materials or equipment must be obtained from the Town at least 72 in advance of the scheduled delivery. C. Artist shall make no alterations, additions or improvements in or to the Premises, other than the installation of the Art, without the Town's prior written consent. Any authorized alterations shall be performed in a good and workmanlike manner. SECTION II— COMPENSATION A. The Town shall pay Artist a total fee of $300,000 for the installation of the Art in compliance with this Agreement. The fee shall constitute full compensation for all services and materials to be performed and furnished by Artist under this Agreement, including all costs relating to delivery. 1 12/20/18 Contract Mignery January 7, 2020 - Page 28 of 100 B. The fee shall be paid as follows: three installments of $100,000 as described in Exhibit C. The Town shall determine acceptance within 10 days of Artist's notice to the Town that the installation is complete SECTION III —WARRANTIES A. Artist warrants to the Town that Artist has created the Art and possesses unencumbered title to the Art and the Art has not been offered or accepted for sale elsewhere. B. Artist guarantees the completion of the Art and all parts and workmanship for the Art for 3 years following the Effective Date and during that time, Artist shall replace any defective parts or rework any defective craftsmanship in a timely fashion at no cost to the Town. SECTION IV— MAINTENANCE, ALTERATIONS AND REMOVAL A. While the Artist should design the Art to be relatively maintenance-free, the Town shall be responsible for maintenance of the Art, including periodic cleaning as necessary to remove the buildup of dust and dirt. B. Prior to implementation of any changes in the Art, Artist shall present a thorough description of the changes requested to the Town Council in writing for review and approval. C. The Town shall not intentionally alter, modify or damage the Art without the prior consent of Artist, except when necessary to protect the public health, safety or welfare. D. The Town shall notify Artist of any proposed significant alteration of the property on which the Art is installed if, in the Town's reasonable discretion, such alteration would affect the intended character and appearance of the Art. E. Artist shall notify the Town of any changes in Artist's contact information as shown in the Notice section below. If a failure to do so prevents the Town from locating Artist, such failure shall be deemed a waiver by Artist of the right to enforce any provision of this Agreement requiring the approval of Artist. F. The Town agrees not to remove the Artwork without first making a good faith effort to contact Artist. Artist shall not unreasonably withhold approval of removal of the Artwork. In the event that Artist is deceased or unable to otherwise give Artist's consent, the current owner of the copyright of the Artwork shall not unreasonably withhold permission, keeping in mind the intentions of Artist at the time of commission and fabrication. The Town may remove the Artwork without notice to Artist when necessary to protect the public health, safety or welfare. 2 12/20/18 Contract Mignery January 7, 2020 - Page 29 of 100 SECTION V— INSURANCE AND INDEMNIFICATION A. The Town and Artist stipulate and agree that the value of the Art is 300,000. The Town shall insure the Art against loss or damage to the Art itself, but only up to that stipulated value. The Town shall not, however, insure Artist against any third-party claims arising out of or connected with the Art or Artist's activities under this Agreement—any such insurance shall be the sole responsibility of Artist. B. Artist hereby indemnifies and holds harmless the Town, its officers, agents and representatives from any claim by any third party for injury, loss or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with the Art or Artist's activities pursuant to this Agreement. SECTION VI — REPRODUCTION RIGHTS A. Artist reserves all rights to the reproduction of the Art except that. Artist grants to the Town an irrevocable license to make photographic reproductions of the Art without compensation to Artist, provided that these rights are exercised in a tasteful and professional manner, and Artist is duly credited. All reproductions by the Town shall contain a credit to Artist and a copyright notice substantially in the following form: Copyright, John Fleming", with the date of publication. B. The Town is not responsible for any third-party copyright infringement or for protecting the intellectual property rights of the Artist. Artist holds the Town and its officers, employees, representatives and agents harmless from any claim of copyright infringement pertaining to the Art. C. Artist shall use Artist's best efforts to give a credit reading substantially as an original work commissioned by the Town of Vail and private donors " in any public showing under Artist's control of photographic and video reproductions of the Art. SECTION VII - MISCELLANEOUS A. Notice. Any notice required by this Agreement shall be deemed to have been given upon the mailing of said notice by U.S. first-class mail, postage prepaid, addressed as follows: If to the Town: Town of Vail 1309 Elkhorn Drive Vail, CO 81657 Attn: Tammy Nagel, Town Clerk Phone: (970) 479-2460 If to Artist: 3 12/20/18 Contract Mignery January 7, 2020 - Page 30 of 100 Herb Mignery 2895 Challenger Point Dr. Loveland, CO 80538 Phone: (970) 203-1241 B. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. C. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. D. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. E. Third Parties. There are no intended third-party beneficiaries to this Agreement. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. I.Governmental Immunity. The Town and its officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. J.Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted. K. Independent Contractor.Artist is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Artist to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Artist for all purposes. Artist shall make no representation that it is a Town employee for any purposes. 4 12/20/18 Contract Mignery January 7, 2020 - Page 31 of 100 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first set forth above. TOWN OF VAIL, COLORADO Greg Clift6 Tow anager ATTEST: QA,. o)_ 1„: 1,_OP k,,,TTammyagel, .wn Cle 4,-;'/ ass ,. c , RTIST: 4 \eisttir co s) 1/4,.__ am\ 1/4 co L:O Ncb Her. Mign: State of Colorado. 1i Subscribed to and affirmed before me by -Ierb M ic1 ne r i this 2 day of Ps- 018. J Sea •HEILA J HYDE NOTARY PUBLIC 4irekSTATEOFCOLORADO NOTARY ID 20164033284 NN. ary PublicMYCOMMISSIONEXPIRES <I ,',, My comm) . - •' -1 ' ),) 2-0 2-C 5 12/20/18 Contract Mignery January 7, 2020 - Page 32 of 100 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: Confirm 2020 State of the Town Community Meeting Date (propose March 10) January 7, 2020 - Page 33 of 100 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. 21, Series of 2019, second reading of an ordinance authorizing the sale of certain vacant land in the Chamonix Vail Community to Chamonix P arcel E , L L C for $875,000 P RE S E NT E R(S ): George Ruther, Housing Director AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with modifications, or deny Ordinance No. 21, S eries of 2019, on second reading. B AC K G RO UND: The Vail Town Council unanimously approved Ordinance No. 21, Series of 2019, on first reading on December 17th as read. S TAF F RE C O M M E ND AT IO N: T he town staff recommends the Vail Town Council approves Ordinance No. 21, S eries of 2019 on second reading. AT TAC H ME N TS: Description Ordinance No. 21 Series of 2019 Second Reading Memorandum 01072020 Ordinance No. 21, Series of 2019 Parcel E Purchase and Sale Agreement-A121219 January 7, 2020 - Page 34 of 100 To: Vail Town Council From: George Ruther, Housing Director Date: January 7, 2020 Subject: Ordinance No. 21, Series of 2019 – Second Reading I. PURPOSE The purpose of Ordinance No. 21, Series of 2019, is to authorize the sale of certain real property in the Chamonix Development to Chamonix Parcel E, LLC for $875,000. Pursuant to the Vail Town Charter, authorization from the Vail Town Council is required to sell town-owned real estate property. This action furthers the goals and priorities outlined in the Vail Town Council Action Plan 2018 – 2020. As a result of this sale, the Town will be better positioned financially to continue its path towards acquiring 1,000 new deed restrictions by the year 2027. II. BACKGROUND The Vail Town Council authorized the development of the Chamonix Vail Neighborhood in West Vail. In doing so, a development plan was established and the new neighborhood was built. During the design phase of the development it was determined that a portion of the site was challenging to build upon affordably and better suited for free-market residential development later. Free-market development is permitted in the Housing (H) district. With that in mind, the Chamonix Vail Community Townhouse Plat was subsequently created, setting aside Parcel E for future development. On November 20, 2018, the Vail Town Council instructed the Housing Department staff to prepare and submit the development applications needed to facilitate the sale and subsequent residential development on Parcel E, pursuant to the provisions of the Housing (H) district. Further, the Town Council affirmed the terms of the sale of the property, including the sales price which based upon a recently completed real estate appraisal, and instructed staff to actively begin marketing the property for sale. Any sale would be contingent upon the Town’s verification that a final plat had been recorded. January 7, 2020 - Page 35 of 100 Town of Vail Page 2 On December 17, 2019, the Vail Town Council unanimously approved Ordinance No. 21, Series of 2019, upon first reading. No changes to the ordinance were requested. III. STAFF RECOMMENDATION The town staff recommends the Vail Town Council approves Ordinance No. 21, Series of 2019, on second reading. In forwarding this recommendation, the town staff finds the real estate contract meets, or exceeds, the terms affirmed by the Vail Town Council on November 20, 2018. As a result of this action, the Town of Vail realizes approximately $875,000 in net proceeds from the sale and acquires one (1) new deed-restricted property totaling at least 1,200 in size with a deed restriction value of nearly $100,000. January 7, 2020 - Page 36 of 100 1 01072020 S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\ORDINANCES\2019\ORDINANCE NO. 21 SERIES OF 2019 CHAMONIX PARCEL E SALE SECOND READING 01072020.DOCX ORDINANCE NO. 21 SERIES 2019 AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN VACANT LAND IN THE CHAMONIX VAIL COMMUNITY TO CHAMONIX PARCEL E, LLC FOR $875,000 WHEREAS, the Town owns the real property legally described as 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 "Property"); WHEREAS, the Town is not using the Property for municipal purposes; WHEREAS, Section 4.8 of the Vail Town Charter requires that the Town Council authorize the sale of real property by ordinance; and WHEREAS, the Town Council finds and determines that the sale of Property to Chamonix Parcel E, LLC for $875,000, is in the best interest of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Pursuant to Section 4.8 of the Vail Town Charter, the Town Council hereby authorizes the sale of the Property to Chamonix Parcel E, LLC for $875,000, under the terms of the Purchase and Sale Agreement attached hereto, which agreement is hereby approved by this ordinance. The Town Manager is hereby authorized to sign all documents necessary to complete the sale of the Property, subject to approval of such documents by the Town Attorney. Section 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 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 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. Section 4. 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. January 7, 2020 - Page 37 of 100 2 01072020 S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\ORDINANCES\2019\ORDINANCE NO. 21 SERIES OF 2019 CHAMONIX PARCEL E SALE SECOND READING 01072020.DOCX INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of December, 2019 and a public hearing for second reading of this Ordinance set for the 7th day of January, 2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ David Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of January, 2020. _____________________________ David Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk January 7, 2020 - Page 38 of 100 1 12/18/2019 S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\MEMOS\2019\PARCEL E PSA-A121219.DOCX PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (the "Agreement") is made and entered into as of this ____ day of _______________, 2020 (the "Effective Date"), by and between the Town of Vail, 75 South Frontage Road, Vail, CO 81657, a Colorado home rule municipal corporation (the "Town"), and Chamonix Parcel E, LLC, a Colorado limited liability company with an address of 141 East Meadow Drive, Suite 211, Vail, CO 81657 ("Buyer") (each a "Party" and collectively the "Parties"). WHEREAS, the Town owns certain real property legally described as Chamonix Vail Community Parcel E, a resubdivision of Parcels A and B, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1, a parcel of vacant land located in the Chamonix Vail Community (the "Property"); and WHEREAS, the Town wishes to transfer and convey the Property to Buyer, and Buyer wishes to acquire the Property from the Town, on the terms set forth in this Agreement. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Conveyance. The Town agrees to convey, sell, transfer and assign to Buyer, and Buyer agrees to purchase from the Town, on the terms and conditions of this Agreement, fee title in the Property, all improvements thereon and any appurtenant rights now owned by the Town, including, without limitation, development rights, zoning, easements, utilities, water rights, mineral rights, and air rights. 2. Purchase Price. The Parties agree that the purchase price for the Property shall be $875,000 (the "Purchase Price"), delivered by Buyer to the Town upon delivery of the deed at closing, subject to all terms and conditions set forth in this Agreement. 3. Earnest Money. Within 3 days of the Effective Date, Buyer shall deposit $25,000 (the "Earnest Money") with Land Title Guarantee Company (the "Title Company") to be held in trust until closing, at which time the Earnest Money shall be applied against the Purchase Price. 4. Merchantability of Title; Objections to Title. a. Within 10 days of the Effective Date, the Town, at its expense, shall provide Buyer with a current title commitment for the Property. b. If Buyer deems, in its sole discretion, that title for any reason is not merchantable or otherwise unsatisfactory to Buyer, Buyer shall within 10 days of receipt of the title commitment give notice thereof to the Town, and the Town shall make a reasonable effort to correct any defects objectionable to Buyer prior to closing. If the Town is unable or unwilling to correct such defects prior to closing, this Agreement, at Buyer's option, may be declared void and of no force or effect. In the event of such January 7, 2020 - Page 39 of 100 2 12/18/2019 S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\MEMOS\2019\PARCEL E PSA-A121219.DOCX termination, the Parties shall have no further rights or obligations hereunder and the Earnest Money shall be returned to Buyer. c. The Town acknowledges that the Purchase Price is full and just compensation for all of its interests, the interests of all lienholders, deed of trust holders and beneficiaries, mortgagees, lessees (whether or not the lease is recorded), and any and all other legal or equitable interests in the Property that exist at closing. 5. Common Interest Community. a. Buyer acknowledges that the Property is located in a Common Interest Community (the Vail Chamonix Community) and is subject to the declaration, bylaws and rules and regulations of the Community. The declaration, bylaws and rules and regulations impose financial obligations on the Property, including an obligation to pay assessments of the Association. In addition, the declaration, bylaws and rules and regulations may prohibit changes to the Property without approval of the Association or a committee thereof. b. The Town shall cause all of the Community documents, including without limitation the declaration, bylaws and rules and regulations, to be delivered to Buyer within 10 days of the Effective Date. c. If Buyer deems, in its sole discretion, that the Community documents for any reason are not satisfactory to Buyer, Buyer may within 10 days of receipt of the Community documents terminate this Agreement by giving written notice thereof to the Town, in which case the Parties shall have no further rights or obligations hereunder and the Earnest Money shall be returned to Buyer. 6. Mineral Interest Disclosure. Buyer acknowledges that: the surface estate of the Property may be owned separately from the underlying mineral estate; transfer of the surface estate may not include transfer of the mineral estate; and surface use agreements may exist on the Property. 7. Closing. a. The location of closing shall be at the Title Company, at a time mutually agreed upon by the Parties on the date later to occur of (i) the date that is 30 days after satisfaction of the Land Use Conditions (defined below), or (ii) January 15, 2020. Notwithstanding the foregoing, the date of closing shall be extended day for day as necessary to allow for the running of the periods described in Sections 4 and 5. b. At closing, Buyer shall deliver the Purchase Price to the Town in good funds and the Town shall execute and deliver to Buyer a special warranty deed conveying the Property to Buyer in fee simple, free and clear of all general real estate taxes and assessments on the Property, all liens for any improvements installed as of the date of closing whether assessed or not, and all easements, covenants, liens and encumbrances that are shown on the title commitment and are not accepted by Buyer. January 7, 2020 - Page 40 of 100 3 12/18/2019 S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\MEMOS\2019\PARCEL E PSA-A121219.DOCX c. Closing costs shall be split equally by the Parties. 8. Town's Representations and Warranties. The Town hereby represents and warrants that the following statements are now, and will be as of the closing date, true and correct, to the best of the Town's knowledge: a. There is no action, suit or proceeding pending, or to the best of the Town's knowledge threatened, against or otherwise affecting the Town or the Property in any court of law or equity, or before any governmental authority, in which an adverse decision might materially impair the Town's ability to perform its obligations under this Agreement. b. The Property is being sold free and clear of all service contracts, agreements, leases and other occupancy rights. c. The Town has not received any notice of any violations of any applicable law related to the Property. d. The Town is not aware of any special assessments to be levied against the property after its acquisition by Buyer. e. The Town shall give Buyer prompt written notice if any of the representations or warranties made by Buyer in this Agreement are no longer true or correct in any material manner. f. The Town has no knowledge of any patent or latent defects, soil deficiencies, or subsurface anomalies existing on the Property. g. Each document, schedule, item, and other information delivered by the Town to Buyer hereunder is accurate and correct. h. The Town has notified Buyer of all easements, rights-of-way or claims of possession not shown by record, whether by grant, prescription, adverse possession or otherwise, as to any part of the Property. 9. Contingencies. Performance by Buyer under this Agreement is expressly contingent upon the following: a. Buyer's satisfactory review of all agreements and information affecting the Property, including a title commitment and title documents to be provided to Buyer by the Town at the Town's expense; b. The release or satisfaction of any exceptions shown in the title commitment for the property, unless Buyer agrees in writing to acquire the Property subject to any such exceptions; and c. On the date of closing, the Property shall be: (i) zoned Housing District; (ii) Ordinance No. 18, Series of 2019 shall be in full force and effect, and (iii) the Town Council shall have approved this Agreement (collectively, the "Land Use Conditions"). January 7, 2020 - Page 41 of 100 4 12/18/2019 S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\MEMOS\2019\PARCEL E PSA-A121219.DOCX The Town shall promptly give Buyer written notice of satisfaction of the same, and if the Town fails to satisfy the Land Use Conditions within 60 days of the Effective Date, Buyer shall have the right to terminate this Agreement upon written notice to the Town, in which case the Parties shall have no further rights or obligations hereunder and the Earnest Money shall be returned to Buyer. 10. Remedies. If the Town fails to close on this Agreement for any reason, Buyer shall not be entitled to enforce this Agreement through an action for specific performance, nor shall Buyer be entitled to any damages from the Town for any such failure, and Buyer's exclusive remedy shall be the rescission of this Agreement and refund of the Earnest Money. If Buyer fails to close on this Agreement for any reason other than one of the contingencies set forth in Sections 4, 5 or 9 or a default by the Town hereunder, the Town shall be entitled to retain the Earnest Money as the Town's sole and exclusive remedy. 11. Possession. Possession of the Property shall be delivered to Buyer at closing. 12. Miscellaneous. a. Entire Agreement. This Agreement contains the entire agreement of the Parties. There are no other agreements, oral or written, and this Agreement can be amended only by written agreement signed by the Parties. b. Agreement Binding. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of the Parties. c. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail to the Party at the address set forth on the first page of this Agreement. d. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. e. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. f. Third Parties. There are no intended third-party beneficiaries to this Agreement. g. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. January 7, 2020 - Page 42 of 100 5 12/18/2019 S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\MEMOS\2019\PARCEL E PSA-A121219.DOCX h. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. i. Counterparts. This Agreement may be executed in electronic or facsimile counterparts, each of which when so executed shall be deemed to be an original, and all of which when taken together shall constitute one original signed agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Dave Chapin, Mayor ATTEST: __________________________________ Tammy Nagel, Town Clerk CHAMONIX PARCEL E, LLC _______________________________ STATE OF ______________ ) ) ss. COUNTY OF _______________ ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ________________, 2020 by ______________________ as _____________ of Chamonix Parcel E, LLC, a Colorado limited liability company. My commission expires: (S E A L) ________________________________ Notary Public January 7, 2020 - Page 43 of 100 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. 15, Series of 2019, S econd Reading, An Ordinance A mending S ection 12-2-2 of the Vail Town Code to Clarify Certain Definitions, and Amending Section 12-2-1 of the Vail Town Code to Delete Duplicative Definitions P RE S E NT E R(S ): E rik Gates, 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. 15, S eries of 2019, upon second reading. B AC K G RO UND: The applicant, the Town of Vail, is proposing numerous changes to Sections 12-2-2, Definitions of Words and Terms, and Section 14-2-1, Definitions of Words and Terms, Vail Town Code, in order to clarify existing term definitions and to maintain a consistency of definitions between Title 12 and Title 14 within the Town Code. S TAF F RE C O M M E ND AT IO N: A pprove Ordinance No. 15, S eries of 2019 upon second reading. AT TAC H ME N TS: Description Staff Memorandum, Ordinance No. 15, Series of 2019 [Attachment A] Ordinance No. 15, Series of 2019 [Attachment B] Staff Memorandum to the P E C, P E C19-0017, September 23,2019 [Attachment C] P E C Minutes, September 23, 2019 January 7, 2020 - Page 44 of 100 TO: Vail Town Council FROM: Community Development Department DATE: January 7, 2020 SUBJECT: Second Reading of Ordinance No. 15, Series of 2019, an ordinance to amend Section 12-2-2: Definitions of Words and Terms, and Section 14-2-1: Definitions of Words and Terms, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to update definitions and remove redundant definitions, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Erik Gates I. SUMMARY The Town of Vail Community Development Department is requesting a second reading of Ordinance No. 15, Series of 2019, to amend definitions in Title 12 and Title 14 to remove redundant definitions and clarify the code. On September 23, 2019, the Planning and Environmental Commission (PEC) forwarded a recommendation for approval to the Vail Town Council for the proposed amendment, subject to the findings noted in Section VIII of the Staff Memorandum sent to the PEC (Attachment B) II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 15, Series of 2019, upon second reading. III. DESCRIPTION OF REQUEST The Community Development Department is requesting that the Vail Town Council consider the proposed amendments to Sections 12-2-2, Definitions of Words and Terms, and Section 14-2-1, Definitions of Words and Terms, pursuant to Section 12-3- 7, Amendment, Vail Town Code. The Community Development Department proposes the following changes to Title 12 and Title 14, Vail Town Code. (italicized indicates new language and strikethrough indicates language to be removed): January 7, 2020 - Page 45 of 100 Town of Vail Page 2 12-2-2: DEFINITIONS OF WORDS AND TERMS: When used in this title, the words and phrases contained in this title shall have the specific meanings as defined in this section. All words, terms, and phrases not otherwise defined herein shall be given their usual and customary meanings, unless the context clearly indicates a different meaning was intended. ADMINISTRATOR: The administrator of the department of community development Director of Community Development or his/her designee. DWELLING UNIT: Any room or group of rooms in a single-family, two-family or multiple- family building with kitchen facilities designed for or used by one family as an independent housekeeping unit. PLANNING AND ENVIRONMENTAL COMMISSION: The body responsible for reviewing development proposals or any matters pertaining to the commission as provided by this code and to act in an advisory capacity to the town council. The planning and environmental commission focuses on evaluating projects based on the zoning ordinance, master plans, subdivision regulations, environmental concerns, etc., The Commission established by title 3, chapter 2 of this Code. VAIL COMPREHENSIVE PLAN: An Advisory Master Plan for the development of the Town of Vail. The Vail Comprehensive Plan is a compendium of planning documents that are updated, amended and adopted by the Town Council. A copy of the current Comprehensive plan shall be kept by the Community Development Department and available for inspection during business hours. The Vail Comprehensive Plan is the compilation of numerous planning documents that include the Vail Village urban design guidelines/Vail Village design considerations (adopted June 11, 1980, and revised January 15, 1993), Ford Park/Donovan Park Master Plan (adopted August 5, 1985), Land Use Plan (adopted November 18, 1986), Vail Village Master Plan (adopted January 16, 1990), Streetscape Master Plan (adopted November 20, 1991), Transportation Master Plan (adopted January 1993), Municipal Cemetery Master Plan (adopted December 7, 1993), Comprehensive Open Lands Plan (adopted 1994), environmental strategic plan (adopted 1994), Ford Park management plan (adopted April 14, 1997), Lionshead Redevelopment Master Plan (adopted December 15, 1998), and art in public places strategic plan (adopted November 6, 2001). 14-2-1: DEFINITIONS OF WORDS AND TERMS: DESIGN REVIEW BOARD (DRB): The body responsible for reviewing development proposals in the town of Vail. The DRB focuses on evaluating projects based on this code, master plans, and the design standards as set forth in this code, including January 7, 2020 - Page 46 of 100 Town of Vail Page 3 architectural design, site planning, landscaping, site disturbance, etc., The Board established pursuant to title 3, chapter 4 of this code. DEVELOPMENT: Defined in title 12, chapter 2 of this code. All activities involving earth disturbance and requiring a building or grading permit, including, but not limited to, commercial or industrial developments, single- or multi-family housing, construction of structures, roads and driveways, and installation of utilities. DWELLING, MULTIPLE-FAMILY: Defined in title 12, chapter 2 of this code. A building containing three (3) or more dwelling units, including townhouses, row houses, apartments, and condominium units; designed for or used by three (3) or more families, each living as an independent housekeeping unit. DWELLING, SINGLE-FAMILY: Defined in title 12, chapter 2 of this code. A detached building designed for or used as a dwelling exclusively by one family as an independent housekeeping unit. DWELLING, TWO-FAMILY: Defined in title 12, chapter 2 of this code. A detached building containing two (2) dwelling units, designed for or used as a dwelling exclusively by two (2) families, each living as an independent housekeeping unit. DWELLING UNIT: Defined in title 12, chapter 2 of this code. Any room or group of rooms in a single-family, two-family or multiple-family building with kitchen facilities; designed for or used by one family as an independent housekeeping unit. A dwelling unit in a multiple-family building may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. EHU: Defined under “EMPLOYEE HOUSING UNIT (EHU)” in title 12, chapter 2 of this code. An employee housing unit as defined in title 12, "Zoning Regulations", of this code. For the purpose of driveway, parking, and access standards, an EHU shall be considered a dwelling unit. LOT OR SITE: Defined in title 12, chapter 2 of this code. A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of title 12, "Zoning Regulations", of this code, and meeting the minimum requirements of title 12 of this code. A lot or site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds. PLANNING AND ENVIRONMENTAL COMMISSION (PEC): body responsible for reviewing development proposals or any matters pertaining to the commission as provided by law, resolution, or ordinance, and to act in an advisory capacity to the town council. The planning and environmental commission focuses on evaluating projects based on the zoning ordinance, master plans, subdivision regulations, environmental concerns, etc., The Commission established by title 3, chapter 2 of this Code. January 7, 2020 - Page 47 of 100 Town of Vail Page 4 SATELLITE DISH ANTENNA: Defined in title 12, chapter 2 of this code. A parabolic or dish shaped antenna designed to receive radio waves. SETBACK: Defined in title 12, chapter 2 of this code. The distance from a lot or site line, creek or stream measured horizontally to a line or location within the lot or site, which establishes the permitted location of uses, structures, or buildings on the site. SETBACK AREA: Defined in title 12, chapter 2 of this code. The area within a lot or site between a lot or site line and the corresponding setback line within the lot or site. SETBACK LINE: Defined in title 12, chapter 2 of this code. A line or location within a lot or site which establishes the permitted location of uses, structures, or buildings on the site. SETBACK LINE, FRONT: Defined in title 12, chapter 2 of this code. The setback line extending the full width of the site parallel to and measured from the front lot or site line. SETBACK LINE, REAR: Defined in title 12, chapter 2 of this code. The setback line extending the full width of the site parallel to and measured from the rear lot or site line. SETBACK LINE, SIDE: Defined in title 12, chapter 2 of this code. The setback line extending from the front setback line to the rear setback line parallel to and measured from the side lot or site line. SITE COVERAGE: Defined in title 12, chapter 2 of this code. The ratio of the total building area on a site to the total area of a site, expressed as a percentage. For the purpose of calculating site coverage, "building area" shall mean the total horizontal area of any building, carport, porte-cochere, arcade, and covered or roofed walkway as measured from the exterior face of perimeter walls or supporting columns above grade or at ground level, whichever is the greater area. For the purposes of this definition, a balcony or deck projecting from a higher elevation may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. In addition to the above, building area shall also include any portion of a roof overhang, eave, or covered stair, covered deck, covered porch, covered terrace or covered patio that extends more than four feet (4') from the exterior face of the perimeter building walls or supporting columns. SLOPE: Defined in title 12, chapter 2 of this code. Shall be established by measuring the maximum number of feet in elevation gained or lost over each ten feet (10') or fraction thereof measured horizontally in any direction between opposing lot lines; the relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentile as a means of quantifying the term "slope". In determination of "slope" as defined herein, for use in establishing buildable area requirements and maximum floor area ratio limitations on existing and proposed lots, a grid system based on ten foot (10') modules shall be superimposed on a topographic map of the subject property and the lot slope determination established by the defined January 7, 2020 - Page 48 of 100 Town of Vail Page 5 method for each one hundred (100) square foot grid portion of the tract, lot or portion thereof. A. Existing, natural: The gradient or configuration of the undisturbed land surface prior to site improvement of a lot, site, or parcel. B. Graded, finished: The gradient or configuration of the land surface following improvement of a lot, site, or parcel. IV. BACKGROUND/SITUATION TO BE ADDRESSED The changes proposed for Section 12-2-2 of the Town Code are all related to the clarification or simplification of existing definitions. The current definition for ADMINISTRATOR contains the word to be defined within the definition itself. The proposed changes would remove this self-referential language and specify that the administrator of Title 12 is the Community Development Department Director. The definition for DWELLING UNIT will be amended to include “single-family” buildings as staff believes its omission from the definition was made in error. The definition for PLANNING AND ENVIRONMENTAL COMMISSION will simply reference the Title in which the PEC is established and defined, in order to ensure the definition is kept consistent through the entirety of the Vail Town Code. Finally for Title 12 changes, the definition of VAIL COMPREHENSIVE PLAN is proposed to no longer individually reference each master plan within the Town. This will remove the need to update this definition each time new master plans or updates to existing master plans are approved. All changes proposed for Section 14-2-1 have been proposed in order to achieve the same goal of removing redundancy and maintaining a consistency of definitions throughout the Town Code. Title 14: Development Standards was first codified in Ordinance No. 22, Series of 1999. In the language created by this ordinance it states that: “These rules, regulations and standards shall be initially adopted by ordinance by the Vail Town Council and shall exist as a supplement to the Vail Town Code as a “handbook” of Development Standards” The intention of the Title 14 Development Standards has always been to act as a supplement to the existing Zoning Regulations of the Town Code. As all projects are required to comply with both Title 12 and Title 14, having different definitions for the same term in both titles could lead to confusion on how to apply definitions for applicants and Town Staff. Each term proposed for amendment within Title 14 has an January 7, 2020 - Page 49 of 100 Town of Vail Page 6 identical or near identical term within Title 12, so these Title 14 terms will simply reference the chapter of Title 12 in which they are defined instead. V. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The general purposes of the zoning regulations are for “promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality”. This text amendment is intended to advance these purposes by providing clear standards in the zoning code by removing repeated definitions and provided one clear definition for words used in the code. This added clarity will help to improve customer service as residents will be able to more easily navigate through the code and staff will be more effective in finding relevant sections applying them and answering questions about them. Staff finds that this criterion has been met. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed text amendment will provide the community, as well as anyone who references the code, clear standards for planning and development review that can be applied consistently. Staff finds that this criterion has been met. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The text amendment largely simplifies the existing regulation and adds clarity. Staff finds that this criterion has been met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and January 7, 2020 - Page 50 of 100 Town of Vail Page 7 By increasing consistency and removing redundancy in the zoning code, the proposed text amendment would promote a harmonious, convenient and workable relationship among land use regulations consistent with municipal development objectives. The text amendment does not conflict with other existing land use documents or municipal development objectives. Staff finds that this criterion has been met. 5. Such other factors and criteria the Planning and Environmental Commission and/or council deem applicable to the proposed text amendments VI. STAFF RECOMMENDATION The Planning and Environmental Commission recommended approval of Ordinance No. 15, Series of 2019, unanimously on September 23, 2019. Should the Vail Town Council choose to approve Ordinance No. 15, Series of 2019, upon second reading, the Community Development Department recommends the Council pass the following motion: "The Vail Town Council approves, on second reading, Ordinance No. 15, Series of 2019, an ordinance to amend Section 12-2-2: Definitions of Words and Terms, and Section 14-2-1: Definitions of Words and Terms, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to update definitions and remove redundant definitions.” Should the Vail Town Council choose to approve Ordinance No. 15, Series of 2019, the Community Development Department recommends the Council makes the following findings: “Based upon a review of the criteria outlined in Section VI of the September 23, 2019 staff memorandum to the Planning and Environmental Commission dated September 23, 2019, and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious January 7, 2020 - Page 51 of 100 Town of Vail Page 8 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. ATTACHMENTS A. Ordinance No. 15, Series of 2019 B. Staff Memorandum, PEC19-0017, September 23, 2019 C. PEC Minutes, September 23, 2019 January 7, 2020 - Page 52 of 100 9/5/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\ASHLEY\FINAL DOCUMENTS ORD\DEFINITIONS-O073119.DOCX ORDINANCE NO. 15 SERIES 2019 AN ORDINANCE AMENDING SECTION 12-2-2 OF THE VAIL TOWN CODE TO CLARIFY CERTAIN DEFINITIONS, AND AMENDING SECTION 14-2-1 OF THE VAIL TOWN CODE TO DELETE DUPLICATIVE DEFINITIONS WHEREAS, several definitions in Section 12-2-2 of the Vail Town Code are outdated and in need of clarification or deletion; WHEREAS, Section 14-2-1 of the Vail Town Code includes definitions that are already located in other sections of the Vail Town Code; WHEREAS, on September 23, 2019, the Planning and Environmental Commission considered the changes proposed by this Ordinance and recommended that the Town Council approve such changes; and WHEREAS, the Town Council finds and determines that the clarification of definitions and the deletion of duplicative definitions is necessary to avoid ambiguity in the Vail Town Code. NOW, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The following definitions in Section 12-2-2 of the Vail Town Code are hereby amended as follows: ADMINISTRATOR: The administrator Director of Community Development or designee. DWELLING UNIT: Any room or group of rooms in a single-family, two- family or multiple-family building with kitchen facilities designed for or used by one family as an independent housekeeping unit. PLANNING AND ENVIRONMENTAL COMMISSION: The body responsible for reviewing development proposals or any matters pertaining to the commission as provided by this code and to act in an advisory capacity to the town council. The planning and environmental commission focuses on evaluating projects based on the zoning ordinance, master plans, subdivision regulations, environmental concerns, etc. and as established by, The Commission established by Title 3, Chapter 2 of this Code. VAIL COMPREHENSIVE PLAN: An Advisory Master Plan for the development of the Town of Vail. The Vail Comprehensive Plan is a compendium of planning documents that are updated, amended and adopted by the Town Council. A copy of the current Comprehensive plan January 7, 2020 - Page 53 of 100 2 9/5/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\ASHLEY\FINAL DOCUMENTS ORD\DEFINITIONS-O073119.DOCX shall be kept by the Community Development Department and available for inspection during business hours. The Vail Comprehensive Plan is the compilation of numerous planning documents that include the Vail Village urban design guidelines/Vail Village design considerations (adopted June 11, 1980, and revised January 15, 1993), Ford Park/Donovan Park Master Plan (adopted August 5, 1985), Land Use Plan (adopted November 18, 1986), Vail Village Master Plan (adopted January 16, 1990), Streetscape Master Plan (adopted November 20, 1991), Transportation Master Plan (adopted January 1993), Municipal Cemetery Master Plan (adopted December 7, 1993), Comprehensive Open Lands Plan (adopted 1994), environmental strategic plan (adopted 1994), Ford Park management plan (adopted April 14, 1997), Lionshead Redevelopment Master Plan (adopted December 15, 1998), and art in public places strategic plan (adopted November 6, 2001). Section 2. The following definitions in Section 14-2-1 of the Vail Town Code are hereby amended as follows: DESIGN REVIEW BOARD (DRB): The body responsible for reviewing development proposals in the town of Vail. The DRB focuses on evaluating projects based on this code, master plans, and the design standards as set forth in this code, including architectural design, site planning, landscaping, site disturbance, etc., The Board established pursuant to title 3, chapter 4 of this code. DEVELOPMENT: Defined in title 12, chapter 2 of this code. All activities involving earth disturbance and requiring a building or grading permit, including, but not limited to, commercial or industrial developments, single- or multi-family housing, construction of structures, roads and driveways, and installation of utilities. DWELLING, MULTIPLE-FAMILY: Defined in title 12, chapter 2 of this code. A building containing three (3) or more dwelling units, including townhouses, row houses, apartments, and condominium units; designed for or used by three (3) or more families, each living as an independent housekeeping unit. DWELLING, SINGLE-FAMILY: Defined in title 12, chapter 2 of this code. A detached building designed for or used as a dwelling exclusively by one family as an independent housekeeping unit. DWELLING, TWO-FAMILY: Defined in title 12, chapter 2 of this code. A detached building containing two (2) dwelling units, designed for or used as a dwelling exclusively by two (2) families, each living as an independent housekeeping unit. DWELLING UNIT: Defined in title 12, chapter 2 of this code. Any room or group January 7, 2020 - Page 54 of 100 3 9/5/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\ASHLEY\FINAL DOCUMENTS ORD\DEFINITIONS-O073119.DOCX of rooms in a single-family, two-family or multiple-family building with kitchen facilities; designed for or used by one family as an independent housekeeping unit. A dwelling unit in a multiple-family building may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. EHU: Defined under “EMPLOYEE HOUSING UNIT (EHU)” in title 12, chapter 2 of this code. An employee housing unit as defined in title 12, "Zoning Regulations", of this code. For the purpose of driveway, parking, and access standards, an EHU shall be considered a dwelling unit. LOT OR SITE: Defined in title 12, chapter 2 of this code. A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of title 12, "Zoning Regulations", of this code, and meeting the minimum requirements of title 12 of this code. A lot or site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds. PLANNING AND ENVIRONMENTAL COMMISSION (PEC): body responsible for reviewing development proposals or any matters pertaining to the commission as provided by law, resolution, or ordinance, and to act in an advisory capacity to the town council. The planning and environmental commission focuses on evaluating projects based on the zoning ordinance, master plans, subdivision regulations, environmental concerns, etc., The Commission established by title 3, chapter 2 of this Code. SATELLITE DISH ANTENNA: Defined in title 12, chapter 2 of this code. A parabolic or dish shaped antenna designed to receive radio waves. SETBACK: Defined in title 12, chapter 2 of this code. The distance from a lot or site line, creek or stream measured horizontally to a line or location within the lot or site, which establishes the permitted location of uses, structures, or buildings on the site. SETBACK AREA: Defined in title 12, chapter 2 of this code. The area within a lot or site between a lot or site line and the corresponding setback line within the lot or site. SETBACK LINE: Defined in title 12, chapter 2 of this code. A line or location within a lot or site which establishes the permitted location of uses, structures, or buildings on the site. SETBACK LINE, FRONT: Defined in title 12, chapter 2 of this code. The setback January 7, 2020 - Page 55 of 100 4 9/5/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\ASHLEY\FINAL DOCUMENTS ORD\DEFINITIONS-O073119.DOCX line extending the full width of the site parallel to and measured from the front lot or site line. SETBACK LINE, REAR: Defined in title 12, chapter 2 of this code. The setback line extending the full width of the site parallel to and measured from the rear lot or site line. SETBACK LINE, SIDE: Defined in title 12, chapter 2 of this code. The setback line extending from the front setback line to the rear setback line parallel to and measured from the side lot or site line. SITE COVERAGE: Defined in title 12, chapter 2 of this code. The ratio of the total building area on a site to the total area of a site, expressed as a percentage. For the purpose of calculating site coverage, "building area" shall mean the total horizontal area of any building, carport, porte-cochere, arcade, and covered or roofed walkway as measured from the exterior face of perimeter walls or supporting columns above grade or at ground level, whichever is the greater area. For the purposes of this definition, a balcony or deck projecting from a higher elevation may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. In addition to the above, building area shall also include any portion of a roof overhang, eave, or covered stair, covered deck, covered porch, covered terrace or covered patio that extends more than four feet (4') from the exterior face of the perimeter building walls or supporting columns. SLOPE: Defined in title 12, chapter 2 of this code. Shall be established by measuring the maximum number of feet in elevation gained or lost over each ten feet (10') or fraction thereof measured horizontally in any direction between opposing lot lines; the relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentile as a means of quantifying the term "slope". In determination of "slope" as defined herein, for use in establishing buildable area requirements and maximum floor area ratio limitations on existing and proposed lots, a grid system based on ten foot (10') modules shall be superimposed on a topographic map of the subject property and the lot slope determination established by the defined method for each one hundred (100) square foot grid portion of the tract, lot or portion thereof. A. Existing, natural: The gradient or configuration of the undisturbed land surface prior to site improvement of a lot, site, or parcel. B. Graded, finished: The gradient or configuration of the land surface following improvement of a lot, site, or parcel. Section 3. If any part, section, subsection, sentence, clause or phrase of this January 7, 2020 - Page 56 of 100 5 9/5/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\ASHLEY\FINAL DOCUMENTS ORD\DEFINITIONS-O073119.DOCX 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. Section 4. The amendment of any provision of the Vail Town Code 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 ordinance previously repealed or superseded unless expressly stated herein. Section 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 ON FIRST READING this 17th day of December , 2019 and a public hearing for second reading of this Ordinance is set for the 7th day of January , 2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. January 7, 2020 - Page 57 of 100 6 9/5/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\ASHLEY\FINAL DOCUMENTS ORD\DEFINITIONS-O073119.DOCX ATTEST: Dave Chapin, Mayor Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of January , 2020. ATTEST: Dave Chapin, Mayor Tammy Nagel, Town Clerk January 7, 2020 - Page 58 of 100 TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 23, 2019 SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, Vail Town Code, and amendments to Title 14, Development Standards, Vail Town Code, to update definitions, to remove redundant definitions, and regulations for retaining walls, and setting forth details in regard thereto. (PEC19-0017) Applicant: Town of Vail Planner: Erik Gates I. SUMMARY The Community Development Department is proposing to update the Vail Town Code to amend definitions in Title 12 and Title 14 to remove redundant definitions and clarify the code. II. DESCRIPTION OF REQUEST The Community Development Department is requesting that the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for amendments to Sections 12-2-2, 14-2-1, and 14-10-8, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the removal of redundant definitions and update of definitions outlined below. III. PROPOSED TEXT AMENDMENT LANGUAGE Sections of Title 12 and Title 14 of the Vail Town Code are amended as follows (italicized indicates new language and strikethrough indicates language to be removed): 12-2-2: DEFINITIONS OF WORDS AND TERMS: When used in this title, the words and phrases contained in this title shall have the specific meanings as defined in this section. All words, terms, and phrases not otherwise defined herein shall be given their usual and customary meanings, unless the January 7, 2020 - Page 59 of 100 Town of Vail Page 2 context clearly indicates a different meaning was intended. ADMINISTRATOR: The administrator of the department of community development Director of Community Development or his/her designee. DWELLING UNIT: Any room or group of rooms in a single-family, two-family or multiple- family building with kitchen facilities designed for or used by one family as an independent housekeeping unit. PLANNING AND ENVIRONMENTAL COMMISSION: The body responsible for reviewing development proposals or any matters pertaining to the commission as provided by this code and to act in an advisory capacity to the town council. The planning and environmental commission focuses on evaluating projects based on the zoning ordinance, master plans, subdivision regulations, environmental concerns, etc., The Commission established by title 3, chapter 2 of this Code. VAIL COMPREHENSIVE PLAN: An Advisory Master Plan for the development of the Town of Vail. The Vail Comprehensive Plan is a compendium of planning documents that are updated, amended and adopted by the Town Council. A copy of the current Comprehensive plan shall be kept by the Community Development Department and available for inspection during business hours. The Vail Comprehensive Plan is the compilation of numerous planning documents that include the Vail Village urban design guidelines/Vail Village design considerations (adopted June 11, 1980, and revised January 15, 1993), Ford Park/Donovan Park Master Plan (adopted August 5, 1985), Land Use Plan (adopted November 18, 1986), Vail Village Master Plan (adopted January 16, 1990), Streetscape Master Plan (adopted November 20, 1991), Transportation Master Plan (adopted January 1993), Municipal Cemetery Master Plan (adopted December 7, 1993), Comprehensive Open Lands Plan (adopted 1994), environmental strategic plan (adopted 1994), Ford Park management plan (adopted April 14, 1997), Lionshead Redevelopment Master Plan (adopted December 15, 1998), and art in public places strategic plan (adopted November 6, 2001). 14-2-1: DEFINITIONS OF WORDS AND TERMS: DESIGN REVIEW BOARD (DRB): The body responsible for reviewing development proposals in the town of Vail. The DRB focuses on evaluating projects based on this code, master plans, and the design standards as set forth in this code, including architectural design, site planning, landscaping, site disturbance, etc., The Board established pursuant to title 3, chapter 4 of this code. DEVELOPMENT: Defined in title 12, chapter 2 of this code. All activities involving earth disturbance and requiring a building or grading permit, including, but not limited to, January 7, 2020 - Page 60 of 100 Town of Vail Page 3 commercial or industrial developments, single- or multi-family housing, construction of structures, roads and driveways, and installation of utilities. DWELLING, MULTIPLE-FAMILY: Defined in title 12, chapter 2 of this code. A building containing three (3) or more dwelling units, including townhouses, row houses, apartments, and condominium units; designed for or used by three (3) or more families, each living as an independent housekeeping unit. DWELLING, SINGLE-FAMILY: Defined in title 12, chapter 2 of this code. A detached building designed for or used as a dwelling exclusively by one family as an independent housekeeping unit. DWELLING, TWO-FAMILY: Defined in title 12, chapter 2 of this code. A detached building containing two (2) dwelling units, designed for or used as a dwelling exclusively by two (2) families, each living as an independent housekeeping unit. DWELLING UNIT: Defined in title 12, chapter 2 of this code. Any room or group of rooms in a single-family, two-family or multiple-family building with kitchen facilities; designed for or used by one family as an independent housekeeping unit. A dwelling unit in a multiple-family building may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. EHU: Defined under “EMPLOYEE HOUSING UNIT (EHU)” in title 12, chapter 2 of this code. An employee housing unit as defined in title 12, "Zoning Regulations", of this code. For the purpose of driveway, parking, and access standards, an EHU shall be considered a dwelling unit. LOT OR SITE: Defined in title 12, chapter 2 of this code. A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of title 12, "Zoning Regulations", of this code, and meeting the minimum requirements of title 12 of this code. A lot or site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds. PLANNING AND ENVIRONMENTAL COMMISSION (PEC): body responsible for reviewing development proposals or any matters pertaining to the commission as provided by law, resolution, or ordinance, and to act in an advisory capacity to the town council. The planning and environmental commission focuses on evaluating projects based on the zoning ordinance, master plans, subdivision regulations, environmental concerns, etc., The Commission established by title 3, chapter 2 of this Code. SATELLITE DISH ANTENNA: Defined in title 12, chapter 2 of this code. A parabolic or dish shaped antenna designed to receive radio waves. January 7, 2020 - Page 61 of 100 Town of Vail Page 4 SETBACK: Defined in title 12, chapter 2 of this code. The distance from a lot or site line, creek or stream measured horizontally to a line or location within the lot or site, which establishes the permitted location of uses, structures, or buildings on the site. SETBACK AREA: Defined in title 12, chapter 2 of this code. The area within a lot or site between a lot or site line and the corresponding setback line within the lot or site. SETBACK LINE: Defined in title 12, chapter 2 of this code. A line or location within a lot or site which establishes the permitted location of uses, structures, or buildings on the site. SETBACK LINE, FRONT: Defined in title 12, chapter 2 of this code. The setback line extending the full width of the site parallel to and measured from the front lot or site line. SETBACK LINE, REAR: Defined in title 12, chapter 2 of this code. The setback line extending the full width of the site parallel to and measured from the rear lot or site line. SETBACK LINE, SIDE: Defined in title 12, chapter 2 of this code. The setback line extending from the front setback line to the rear setback line parallel to and measured from the side lot or site line. SITE COVERAGE: Defined in title 12, chapter 2 of this code. The ratio of the total building area on a site to the total area of a site, expressed as a percentage. For the purpose of calculating site coverage, "building area" shall mean the total horizontal area of any building, carport, porte-cochere, arcade, and covered or roofed walkway as measured from the exterior face of perimeter walls or supporting columns above grade or at ground level, whichever is the greater area. For the purposes of this definition, a balcony or deck projecting from a higher elevation may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. In addition to the above, building area shall also include any portion of a roof overhang, eave, or covered stair, covered deck, covered porch, covered terrace or covered patio that extends more than four feet (4') from the exterior face of the perimeter building walls or supporting columns. SLOPE: Defined in title 12, chapter 2 of this code. Shall be established by measuring the maximum number of feet in elevation gained or lost over each ten feet (10') or fraction thereof measured horizontally in any direction between opposing lot lines; the relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentile as a means of quantifying the term "slope". In determination of "slope" as defined herein, for use in establishing buildable area requirements and maximum floor area ratio limitations on existing and proposed lots, a grid system based on ten foot (10') modules shall be superimposed on a topographic map of the subject property and the lot slope determination established by the defined method for each one hundred (100) square foot grid portion of the tract, lot or portion thereof. January 7, 2020 - Page 62 of 100 Town of Vail Page 5 A. Existing, natural: The gradient or configuration of the undisturbed land surface prior to site improvement of a lot, site, or parcel. B. Graded, finished: The gradient or configuration of the land surface following improvement of a lot, site, or parcel. 14-6-7: RETAINING WALLS: A. General: All retaining walls are reviewed by the Design Review Board or the Administrator to determine compatibility to the existing topography of and the materials in use. Retaining walls shall not exceed an exposed face height of six feet (6'). Within a front setback, retaining walls shall not exceed an exposed face height of three feet (3'), unless related to access to or development of a structure constructed on excessive slopes (in excess of 30 percent). Retaining walls associated with a street located within a public right of way or access to an underground covered parking structure are exempt from these height limits, but must be approved by the Design Review Board and shall meet the standards prescribed in Section 14-10-3 of this Code. Retaining walls shall be located a minimum of two feet (2') from adjacent private property boundaries and should be ten feet (10') from the edge of a public street unless otherwise approved by the town engineer. All retaining walls over four feet (4') in height, measured from the bottom of a footing to the top of wall as per the adopted town of Vail building code, shall be engineered and stamped by a licensed Colorado professional engineer (PE stamp) except in the right of way, where retaining walls over three feet (3') in height, measured in the same manner, shall require a PE stamp. All retaining walls requiring a PE stamp shall be required to have submitted and approved, prior to building permit release, engineered stamped plans, profiles, sections, details, and engineering analyses and calculations for each wall type as required by the town engineer. At a minimum, unless otherwise directed, the engineering submittal shall include PE stamped plans, and PE stamped typical details with all engineering design parameters and calculated factor of safety provided on the details. Plans and details shall be cross referenced. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application and make the final decision. Planning and Environmental Commission: January 7, 2020 - Page 63 of 100 Town of Vail Page 6 The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board held three separate work sessions to review the proposed text amendment. The board is supportive of the language submitted to the PEC for their review. The Design Review Board (DRB) has no formal review over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. V. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Town Code and Vail Land Use Plan are relevant to the review of this proposal: Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: January 7, 2020 - Page 64 of 100 Town of Vail Page 7 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off-street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. VI. ENVIRONMENTAL IMPACTS The proposed regulation amendment does not have identifiable environmental impacts. VII. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The general purposes of the zoning regulations are for “promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality”. This text amendment is intended to advance these purposes by providing clear standards in the zoning code by removing repeated definitions and provided one clear definition for words used in the code. This added clarity will help to improve customer January 7, 2020 - Page 65 of 100 Town of Vail Page 8 service as residents will be able to more easily navigate through the code and staff will be more effective in finding relevant sections applying them and answering questions about them. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed text amendment will provide the community, as well as anyone who references the code, clear standards for planning and development review that can be applied consistently. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The text amendment largely simplifies the existing regulation and adds clarity. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and By increasing consistency and removing redundancy in the zoning code, the proposed text amendment would promote a harmonious, convenient and workable relationship among land use regulations consistent with municipal development objectives. The text amendment does not conflict with other existing land use documents or municipal development objectives. 5. Such other factors and criteria the Planning and Environmental Commission and/or council deem applicable to the proposed text amendments Staff will provide additional information as needed should the PEC and/or council determine other factors or criteria applicable to the proposed text amendments. VIII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval for the prescribed regulation amendment to the Vail Town Council. This recommendation is based upon the review of the criteria outlined in Section III of this memorandum and the evidence and testimony presented. January 7, 2020 - Page 66 of 100 Town of Vail Page 9 Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, 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 prescribed regulation amendment, pursuant to Section 12- 3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, Vail Town Code, and amendments to Title 14, Development Standards, Vail Town Code, to update definitions, to remove redundant definitions, and regulations for retaining walls, 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 for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission makes the following findings: “Based upon a review of Section III of the September 23, 2019 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." IX. ATTACHMENTS A. Title 12 Definitions Draft Ordinance B. Title 14 Retaining Walls Draft Ordinance January 7, 2020 - Page 67 of 100 P L ANNI NG AND E NV I RO NM E NTAL C O M M I S S I O N September 23, 2019, 1:00 P M Town Council C hambers 75 S. F rontage Road - Vail, Colorado, 81657 1.Call to Order 1.1.Attendance Present: Brian Gillette, Pam Hopkins, Rollie Kjesbo, Ludwig Kurz, J ohn Ryan Lockman, Karen Perez, Brian Stockmar Absent: None 2.Main Agenda 2.1.A request for the review of a variance from Section 12-14-17, Setback from Watercourse, Vail Town Code, in accordance with the provisions of Section 12-17, Variances, Vail Town Code, to allow for the on-site relocation of a natural seasonal stream channel, located at 5002 Snowshoe Lane/Lot 23, Vail Meadows Filing 1, and setting forth details in regard thereto. (P E C19- 0042) 20 min. Applicant:Peregrine Group Development L L C, represented by Krueger Architecture Planner:J onathan Spence 1. Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. Prior to submitting for a building permit, the applicant shall provide the Community Development Department all required approvals from the US Army Corps of Engineers (US A C E) related to the project, to be reviewed and approved by the Town Engineer. Planner Spence: I ntroduced the project by showing its location and describing previous approvals. The applicant observed a small seasonal stream after project approval, which was not previously known. The variance process helped to create a plan for this development that is supported by the Public W orks department and Environmental Sustainability department. Chairman Stockmar: Clarified the difference between watercourses identified by the Town and a seasonal stream. Spence: Stated that these seasonal streams are not identified by the town. Pavan Krueger: W orked with Kathy of C E RE S and S GM to understand the landscaping and water flows on site. The capacity of the waterway may increase to 1.5x its current size through this design. After this variance, the applicant will have to work with the Army Corps of Engineers for this mitigation. There may have been an informal diversion for this stream at one point. Stockmar: I s this stream itself a diversion from its original course? Krueger: Stated it was likely, but there is no record of when this might have happened. January 7, 2020 - Page 68 of 100 Commissioner Hopkins: Asked where the proposed diversion will go. Krueger: The stream will be moved into the side setback and will be directed to a culvert under the driveway. I t will exit into the neighbor ’s property. Stockmar: Asked if there would be any increase of flow. Krueger: Stated there would be none. Commissioner Perez: Asked if the neighbor was notified. Planner Neubecker: Stated the neighbor to the north had received the notice, and they came into the Community Development department to ask about the variance. He stated that the neighbor was in support, as long as the stream enters the neighbor ’s property in the same location. Krueger: They will not be creating a concrete culvert, but it will be a rock- lined channel. I t will be better than the existing culvert. She stated they will also do drainage studies. Public Comment: None Commissioner Kjesbo: I n support, felt that this was the right way to deal with this situation. Commissioner Gillette: I n support, warned about paying attention to maintenance. The remaining commissioners stated that they agreed with the variance. J ohn-Ryan Lockman moved to approve with conditions. Rollie Kjesbo seconded the motion and it passed (7-0). 2.2.A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, Vail Town Code, and amendments to Title 14, Development Standards, Vail Town Code, to update definitions, to remove redundant definitions, and regulations for retaining walls, and setting forth details in regard thereto. (P E C19-0017) 10 min. Applicant:Town of Vail Planner:Erik Gates Planner Gates: Provided and described to the Commission the requested changes from the previous meeting. He stated that definitions removed in Title 14 now make reference to the corresponding definitions in Title 12. Commissioner Kurz: Confirmed that the changes were a result of the P E C comments and concerns. Chairman Stockmar: W arned about unintended consequences when language removed form codes or moved. Gates: Discussed the process related to consistent language and stated that the definitions to be removed in Title 14 all had identical or near identical language in Title 12. January 7, 2020 - Page 69 of 100 Commissioners expressed support Public Comment: None Ludwig Kurz moved to recommend approval. Rollie Kjesbo seconded the motion and it passed (0-0). 2.3.A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code, to amend the regulations on building design and landscaping in the W ildland Urban I nterface to reduce the risk of wildfire, and setting forth details in regard thereto. (P E C18-0035) 45 min. Applicant:Town of Vail Planner:Chris Neubecker Planner Neubecker: I ntroduced the application by talking about the changes requested by the Commission at the previous meeting, and how changes were incorporated into the amendment proposal. These included changing some “shall” language to “should,” consistent lowercase use of “the town,” and changing “occupants” to “tenants.” Asked for any direct questions or feedback from the Commission. Commissioner Hopkins: Asked how this regulation might apply to condominium association exterior renovations. Paul Cada: Answered by stating that they wanted to start with an amendment that would help push the town at the right direction. Wanted to start with new construction and additions. Even at this level they feel that this pushes the town in the right direction. Neubecker: Stated that a lot of new construction in Vail is already using these noncombustible materials, with heavy timbers and other materials that meet this regulation. Rather than proposing a regulation that is heavy handed, we are starting with regulations that can be supported by the community. Chairman Stockmar: Stated that the impression he had been getting is that while spacing is important, using the right materials for building is key for preventing fire from spreading in town. Commissioner Gillette: Stated that it’s hard to find materials that you couldn’t use from the materials list. I t might have been easier to tell what someone what they can’t use instead of what they can. Hopkins: Asked about the 100 foot radius, regarding defensible space. I s that for trees? Gillette: Stated that Commissioner Kjesbo had previously asked about the recommendation to trim the first 8 feet of trees at the last meeting, and this had not been addressed. Code still says “should” not “shall”. Has concerns about meeting code when new trees are planed at time of permit issuance. Cada: Stated that the intent is to have this rule apply only to mature trees, not newly planted trees. He explained the language in the landscaping guide, which is geared toward trimming established trees. January 7, 2020 - Page 70 of 100 Gillette: Pointing to Section 14-10-8, wanted clarification for the recommendation to trim the first 8 feet or to trim one-third or less of the tree. Then pointed to a picture that is listed as an example of good compliant landscaping, and showed that one of the trees was not pruned in the picture. He stated that the landscaping looks good because it is out of proposed compliance. He is worried about requiring applicants to trim 2 feet of branches off of a new 6 foot tree. Cada: Stated that the intention is, as written, to only apply this provision for established trees. Stockmar: Stated that the referenced guidelines are not law as they can be changed by the Fire Department without P E C approval. Chief Novak: Clarified that this gives the Fire Department the ability to make a determination on whether a tree should be pruned based on the surrounding landscaping. A tree over an irrigated lawn would need less trimming than a tree over high bushes or shrubs. Gillette: W orried that this trimming based on context would result in removing screening. Also, mentioned the issue of many trees being on a property line. Stockmar: This puts a lot of burden on the Fire department and wants to make sure the department has capacity for this. Cada: Stated that they already do a lot of this review. Planning already does landscaping inspections, so they can do the final review that includes the Fire department requirements. Novak: Stated that changes to landscaping standards do not go to Town Council. Talked about an example where the standards were amended administratively for streamside landscaping. Perez: Clarified that these guidelines may change depending on circumstance. Gillette: Stated he had a problem with this. Does this mean that today we are talking about whatever guidelines get put in place at any given time in the future? Neubecker: Yes Gillette: Stated he was not comfortable with this and he couldn’t vote for something if he didn’t even know what it is. Neubecker: Mentioned that if Gillette is not comfortable with these regulations, in this form, he could vote against it. Also, he could make a recommendation that something in the regulations be changed. Gillette: W anted the current guidelines to be codified and they can be amended as needed. Wants to incorporate the guidelines by name and date. Kjesbo: Asked a question clarifying when and where these guidelines would apply. No public comment. Ludwig Kurz moved to recommend approval. Rollie Kjesbo seconded the January 7, 2020 - Page 71 of 100 motion and it passed (6-1). Ayes:(6)Hopkins, Kjesbo, Kurz, Lockman, Perez, Stockmar Nays:(1)Gillette 2.4.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 this item be tabled to October 28, 2019. 5 min. Applicant:Town of Vail, represented by Victor Mark Donaldson Architects Planner:Chris Neubecker Rollie Kjesbo moved to table to October 28, 2019. Ludwig Kurz seconded the motion and it passed (7-0). 2.5.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 this item be tabled to October 28, 2019. 2 min. Applicant:Town of Vail, represented by Victor Mark Donaldson Architects Planner:Chris Neubecker Rollie Kjesbo moved to table to October 28, 2019. Ludwig Kurz seconded the motion and it passed (7-0). 2.6.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) The applicant has requested this item be tabled to October 14, 2019. 5 min. Applicant:Town of Vail, represented by George Ruther Planner:J onathan Spence Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded the motion and it passed (7-0). 2.7.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) The applicant has requested this item be tabled to October 14, 2019. 2 min. January 7, 2020 - Page 72 of 100 Applicant:Town of Vail, represented by George Ruther Planner:J onathan Spence Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded the motion and it passed (7-0). 2.8.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) The applicant has requested this item be tabled to October 14, 2019. 2 min. Applicant:Town of Vail, represented by George Ruther Planner:J onathan Spence Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded the motion and it passed (7-0). 2.9.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) The applicant has requested this item be tabled to October 14, 2019. 2 min. Applicant:Town of Vail, represented by George Ruther Planner:J onathan Spence Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded the motion and it passed (7-0). 2.10.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) The applicant has requested this item be tabled to October 14, 2019. 2 min. Applicant:Town of Vail, represented by George Ruther Planner:J onathan Spence Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded the motion and it passed (7-0). 2.11.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) 2 min. January 7, 2020 - Page 73 of 100 The applicant has requested this item be tabled to October 14, 2019. Applicant:Town of Vail, represented by George Ruther Planner:J onathan Spence Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded the motion and it passed (7-0). 3.Approval of Minutes 3.1.September 9, 2019 P E C Results Stockmar: There’s a question mark at the end of one of his sentences, on page 4, that is a statement. Needs to be corrected. Karen Perez moved to approved. Rollie Kjesbo seconded the motion and it passed (6-0). Abstain:(1)Hopkins 4.Adjournment Rollie Kjesbo moved to adjourn. Brian Gillette seconded the motion and it passed (7-0). 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 January 7, 2020 - Page 74 of 100 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. 16, Series of 2019, S econd Reading, An Ordinance A mending S ection 14-6-7.a of the Vail Town Code to Clarify Design Standards for Retaining Walls P RE S E NT E R(S ): E rik Gates, 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. 16, S eries of 2019, upon second reading. B AC K G RO UND: The applicant, the Town of Vail, is proposing an amendment to Section 14-6-7, Retaining Walls, to allow the Design Review Board to permit retaining walls in excess of three feet (3') within the front setback when related to the development of a structure on excessive slopes. E xisting regulations only allow for Design Review Board approval of retaining walls in excess of three feet (3') within the front setback when related to a garage in the front setback or access to a structure. S TAF F RE C O M M E ND AT IO N: A pprove Ordinance No. 16, S eries of 2019 upon second reading AT TAC H ME N TS: Description Staff Memorandum, Ordinance No. 16, Series of 2019 [Attachment A] Ordinance No. 16, Series of 2019 [Attachment B] Staff Memorandum to the P E C, P E C19-0017, September 23, 2019 [Attachment C] P E C Minutes, September 23, 2019 January 7, 2020 - Page 75 of 100 TO: Vail Town Council FROM: Community Development Department DATE: January 7, 2020 SUBJECT: Second Reading of Ordinance No. 16, Series of 2019, an ordinance to amend Section 14-6-7: Retaining Walls, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the construction of retaining walls in excess of three feet (3’) within the front setback when related to the development of a structure on excessive slopes, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Erik Gates I. SUMMARY The Town of Vail Community Development Department is requesting a second reading of Ordinance No. 16, Series of 2019, to amend Section 14-6-7: Retaining Walls, Vail Town Code, to add language allowing the development of a structure on excessive slopes to make use of retaining walls in excess of three feet (3’) within the front setback, subject to DRB approval. On September 23, 2019, the Planning and Environmental Commission (PEC) forwarded a recommendation for approval to the Vail Town Council for the proposed amendment, subject to the findings noted in Section VIII of the Staff Memorandum sent to the PEC (Attachment B) II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 16, Series of 2019, upon second reading. III. DESCRIPTION OF REQUEST The Community Development Department is requesting that the Vail Town Council consider the proposed amendment to Section 14-6-7, Retaining Walls, pursuant to Section 12-3-7, Amendment, Vail Town Code. The Community Development Department proposes the following changes to Section 14-6-7: Retaining Walls. (italicized indicates new language and strikethrough indicates language to be removed): January 7, 2020 - Page 76 of 100 Town of Vail Page 2 14-6-7: RETAINING WALLS: A. General: All retaining walls are reviewed by the Design Review Board or the Administrator to determine compatibility to the existing topography of and the materials in use. Retaining walls shall not exceed an exposed face height of six feet (6'). Within a front setback, retaining walls shall not exceed an exposed face height of three feet (3'), unless related to access to or development of a structure constructed on excessive slopes (in excess of 30 percent). Retaining walls associated with a street located within a public right of way or access to an underground covered parking structure are exempt from these height limits, but must be approved by the Design Review Board and shall meet the standards prescribed in Section 14-10-3 of this Code. Retaining walls shall be located a minimum of two feet (2') from adjacent private property boundaries and should be ten feet (10') from the edge of a public street unless otherwise approved by the town engineer. All retaining walls over four feet (4') in height, measured from the bottom of a footing to the top of wall as per the adopted town of Vail building code, shall be engineered and stamped by a licensed Colorado professional engineer (PE stamp) except in the right of way, where retaining walls over three feet (3') in height, measured in the same manner, shall require a PE stamp. All retaining walls requiring a PE stamp shall be required to have submitted and approved, prior to building permit release, engineered stamped plans, profiles, sections, details, and engineering analyses and calculations for each wall type as required by the town engineer. At a minimum, unless otherwise directed, the engineering submittal shall include PE stamped plans, and PE stamped typical details with all engineering design parameters and calculated factor of safety provided on the details. Plans and details shall be cross referenced. IV. BACKGROUND/SITUATION TO BE ADDRESSED During a discussion on June 19, 2019 with the Design Review Board regarding potential Title 14 code changes, an issue regarding retaining walls in excess of three feet (3’) in the front setback was discussed. The current language of the Town Code only allows for large retaining walls in the front setback for developments on excessive slopes when associated with access (as currently stated in Section 14-6-7) or garages in the front setback. Section 12-21-12: Restrictions In Specific Zones On Excessive Slopes describes the allowance for garages. “K. Setbacks, as they apply to this chapter, as required by sections 12-6A-6, 12- 6B-6, 12-6C-6 and 12-6D-6 of this title, are amended as follows: There shall be no required front setback for garages, except as may be required by the design review board. Garages located in the front setback, as provided for in this January 7, 2020 - Page 77 of 100 Town of Vail Page 3 section, shall be limited to one story in height (not to exceed 10 feet) with the addition of a pitched or flat roof and subject to review and approval by the design review board. L. Retaining walls up to six feet (6') in height may be permitted in the setback by the design review board when associated with a permitted garage as referenced in subsection K of this section.” It was determined that the original intent of these regulations was most likely to limit the presence of retaining walls in the front setback and reduce hillside disturbance by pulling the associated structure away from slopes of the lot and closer to the street where properties are generally flatter. However, this can result in two separate unintended consequences on small lots that have steep slopes throughout. Developments can either place a significant amount of bulk and mass immediately behind the setback line with a connected garage within the front setback, or they can develop with significant hillside disturbance as structures try to meet these requirements and maximum driveway grade requirements. By allowing retaining walls in excess of 3’ in the front setback for any development on a property with steep slopes, developments have greater flexibility to build with respect site specific topography. Effectively, parking for a property can be accessed and placed behind the front setback without digging into the hillside as deeply. V. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The general purposes of the zoning regulations are for: “promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality”. This amendment is intended to allow for development that is overall more harmonious with the established character of the Town. This text amendment makes it easier to develop properties further from the street and to build with respect to hillsides, which is more in line with the pattern of development seen on sites without significant slopes present. Staff finds that this criterion has been met. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the January 7, 2020 - Page 78 of 100 Town of Vail Page 4 development objectives of the town; and The proposed text amendment helps to maintain and promote the aesthetic goals of the Vail comprehensive plan by allowing for greater freedom of development within these sites, rather than limiting steep sites to the options of frontloading development with a front setback garage or digging far enough into the site to only need 3’ retaining walls in the front setback. Staff finds that this criterion has been met. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and When the original regulations were adopted, development on the steepest lots in Town was avoided. However, as the town has continued to develop and expand, the steepest lots are often the only undeveloped lots remaining. The original regulations limit large retaining walls in an effort to reduce bulk and mass near the street, but in the current day, the existing regulation is likely to have the opposite effect. The proposed amendment helps to avoid this. Staff finds that this criterion has been met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed amendment it is not anticipated to have a significant effect on other regulations within the Town. The amendment improves the harmonious, convenient, and workable relationship among regulations by removing some uncertainty as to when a retaining wall is being built for access to a structure verses when it is built for the structure itself. The allowance for these large retaining walls is further limited by the requirement for DRB review. Staff finds that this criterion has been met. 5. Such other factors and criteria the Planning and Environmental Commission and/or council deem applicable to the proposed text amendments VI. STAFF RECOMMENDATION January 7, 2020 - Page 79 of 100 Town of Vail Page 5 Should the Vail Town Council choose to approve Ordinance No. 16, Series of 2019, upon second reading, the Community Development Department recommends the Council pass the following motion: "The Vail Town Council approves, on second reading, Ordinance No. 16, Series of 2019, an ordinance to amend Section 14-6-7: Retaining Walls, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the construction of retaining walls in excess of three feet (3’) within the front setback when related to the development of a structure on excessive slopes.” Should the Vail Town Council choose to approve Ordinance No. 16, Series of 2019, the Community Development Department recommends the Council makes the following findings: “Based upon a review of the criteria outlined in Section VI of the September 23, 2019 staff memorandum to the Planning and Environmental Commission dated September 23, 2019, and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." VII. ATTACHMENTS A. Ordinance No. 16, Series of 2019 B. Staff Memorandum, PEC19-0017, September 23, 2019 C. PEC Minutes, September 23, 2019 January 7, 2020 - Page 80 of 100 9/5/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\ASHLEY\FINAL DOCUMENTS ORD\RETAINING WALLS-O080119.DOCX ORDINANCE NO. 16 SERIES 2019 AN ORDINANCE AMENDING SECTION 14-6-7.A. OF THE VAIL TOWN CODE TO CLARIFY DESIGN STANDARDS FOR RETAINING WALLS WHEREAS, Section 14-6-7.A. of the Vail Town Code establishes design standards for retaining walls and is in need of clarification; WHEREAS, on September 23, 2019, the Planning and Environmental Commission considered the changes proposed by this ordinance and recommended that the Town Council approve such changes; and WHEREAS, the Town Council finds and determines that the clarification of Section 14-6-7.A. is necessary to avoid ambiguity in the Vail Town Code. NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 14-6.7.A. of the Vail Town Code is hereby amended as follows: 14-6-7: RETAINING WALLS: A. General: 1. All retaining walls are reviewed by the Design Review Board or the Administrator to determine compatibility to the existing topography of and the materials in use. Retaining walls shall not exceed an exposed face height of six feet (6'). W ithin a front setback, retaining walls shall not exceed an exposed face height of three feet (3'), unless related to access to or development of a structure constructed on excessive slopes (in excess of thirty (30) percent). Retaining walls associated with a street located within a public right-of-way or access to an underground covered parking structure are exempt from these height limits, but must be approved by the Design Review Board and shall meet the standards prescribed in Section 14-10-3 of this Code. 2. Retaining walls shall be located a minimum of two feet (2') from adjacent private property boundaries and should be ten feet (10') from the edge of a public street unless otherwise approved by the Town Engineer. 3. All retaining walls over four feet (4') in height, measured from the bottom of a footing to the top of wall as per the adopted Town of Vail building code, shall be engineered and stamped by a licensed Colorado professional engineer (PE stamp) except in the right of way, where January 7, 2020 - Page 81 of 100 2 9/5/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\ASHLEY\FINAL DOCUMENTS ORD\RETAINING WALLS-O080119.DOCX retaining walls over three feet (3') in height, measured in the same manner, shall require a PE stamp. 4. All retaining walls requiring a PE stamp shall be required to have submitted and approved, prior to building permit release, engineered stamped plans, profiles, sections, details, and engineering analyses and calculations for each wall type as required by the Town Engineer. At a minimum, unless otherwise directed, the engineering submittal shall include PE stamped plans, and PE stamped typical details with all engineering design parameters and calculated factor of safety provided on the details. Plans and details shall be cross referenced. * * * Section 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. Section 3. The amendment of any provision of the Vail Town Code 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 ordinance previously repealed or superseded unless expressly stated herein. Section 4. 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 ON FIRST READING this 17th day of December , 2019 and a public hearing for second reading of this Ordinance is set for the 7th day of January , 2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Dave Chapin, Mayor Tammy Nagel, Town Clerk January 7, 2020 - Page 82 of 100 3 9/5/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\ASHLEY\FINAL DOCUMENTS ORD\RETAINING WALLS-O080119.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED This 7th day of January, 2020. ATTEST: Dave Chapin, Mayor Tammy Nagel, Town Clerk January 7, 2020 - Page 83 of 100 TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 23, 2019 SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, Vail Town Code, and amendments to Title 14, Development Standards, Vail Town Code, to update definitions, to remove redundant definitions, and regulations for retaining walls, and setting forth details in regard thereto. (PEC19-0017) Applicant: Town of Vail Planner: Erik Gates I. SUMMARY The Community Development Department is proposing to update the Vail Town Code to amend definitions in Title 12 and Title 14 to remove redundant definitions and clarify the code. II. DESCRIPTION OF REQUEST The Community Development Department is requesting that the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for amendments to Sections 12-2-2, 14-2-1, and 14-10-8, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the removal of redundant definitions and update of definitions outlined below. III. PROPOSED TEXT AMENDMENT LANGUAGE Sections of Title 12 and Title 14 of the Vail Town Code are amended as follows (italicized indicates new language and strikethrough indicates language to be removed): 12-2-2: DEFINITIONS OF WORDS AND TERMS: When used in this title, the words and phrases contained in this title shall have the specific meanings as defined in this section. All words, terms, and phrases not otherwise defined herein shall be given their usual and customary meanings, unless the January 7, 2020 - Page 84 of 100 Town of Vail Page 2 context clearly indicates a different meaning was intended. ADMINISTRATOR: The administrator of the department of community development Director of Community Development or his/her designee. DWELLING UNIT: Any room or group of rooms in a single-family, two-family or multiple- family building with kitchen facilities designed for or used by one family as an independent housekeeping unit. PLANNING AND ENVIRONMENTAL COMMISSION: The body responsible for reviewing development proposals or any matters pertaining to the commission as provided by this code and to act in an advisory capacity to the town council. The planning and environmental commission focuses on evaluating projects based on the zoning ordinance, master plans, subdivision regulations, environmental concerns, etc., The Commission established by title 3, chapter 2 of this Code. VAIL COMPREHENSIVE PLAN: An Advisory Master Plan for the development of the Town of Vail. The Vail Comprehensive Plan is a compendium of planning documents that are updated, amended and adopted by the Town Council. A copy of the current Comprehensive plan shall be kept by the Community Development Department and available for inspection during business hours. The Vail Comprehensive Plan is the compilation of numerous planning documents that include the Vail Village urban design guidelines/Vail Village design considerations (adopted June 11, 1980, and revised January 15, 1993), Ford Park/Donovan Park Master Plan (adopted August 5, 1985), Land Use Plan (adopted November 18, 1986), Vail Village Master Plan (adopted January 16, 1990), Streetscape Master Plan (adopted November 20, 1991), Transportation Master Plan (adopted January 1993), Municipal Cemetery Master Plan (adopted December 7, 1993), Comprehensive Open Lands Plan (adopted 1994), environmental strategic plan (adopted 1994), Ford Park management plan (adopted April 14, 1997), Lionshead Redevelopment Master Plan (adopted December 15, 1998), and art in public places strategic plan (adopted November 6, 2001). 14-2-1: DEFINITIONS OF WORDS AND TERMS: DESIGN REVIEW BOARD (DRB): The body responsible for reviewing development proposals in the town of Vail. The DRB focuses on evaluating projects based on this code, master plans, and the design standards as set forth in this code, including architectural design, site planning, landscaping, site disturbance, etc., The Board established pursuant to title 3, chapter 4 of this code. DEVELOPMENT: Defined in title 12, chapter 2 of this code. All activities involving earth disturbance and requiring a building or grading permit, including, but not limited to, January 7, 2020 - Page 85 of 100 Town of Vail Page 3 commercial or industrial developments, single- or multi-family housing, construction of structures, roads and driveways, and installation of utilities. DWELLING, MULTIPLE-FAMILY: Defined in title 12, chapter 2 of this code. A building containing three (3) or more dwelling units, including townhouses, row houses, apartments, and condominium units; designed for or used by three (3) or more families, each living as an independent housekeeping unit. DWELLING, SINGLE-FAMILY: Defined in title 12, chapter 2 of this code. A detached building designed for or used as a dwelling exclusively by one family as an independent housekeeping unit. DWELLING, TWO-FAMILY: Defined in title 12, chapter 2 of this code. A detached building containing two (2) dwelling units, designed for or used as a dwelling exclusively by two (2) families, each living as an independent housekeeping unit. DWELLING UNIT: Defined in title 12, chapter 2 of this code. Any room or group of rooms in a single-family, two-family or multiple-family building with kitchen facilities; designed for or used by one family as an independent housekeeping unit. A dwelling unit in a multiple-family building may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. EHU: Defined under “EMPLOYEE HOUSING UNIT (EHU)” in title 12, chapter 2 of this code. An employee housing unit as defined in title 12, "Zoning Regulations", of this code. For the purpose of driveway, parking, and access standards, an EHU shall be considered a dwelling unit. LOT OR SITE: Defined in title 12, chapter 2 of this code. A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of title 12, "Zoning Regulations", of this code, and meeting the minimum requirements of title 12 of this code. A lot or site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds. PLANNING AND ENVIRONMENTAL COMMISSION (PEC): body responsible for reviewing development proposals or any matters pertaining to the commission as provided by law, resolution, or ordinance, and to act in an advisory capacity to the town council. The planning and environmental commission focuses on evaluating projects based on the zoning ordinance, master plans, subdivision regulations, environmental concerns, etc., The Commission established by title 3, chapter 2 of this Code. SATELLITE DISH ANTENNA: Defined in title 12, chapter 2 of this code. A parabolic or dish shaped antenna designed to receive radio waves. January 7, 2020 - Page 86 of 100 Town of Vail Page 4 SETBACK: Defined in title 12, chapter 2 of this code. The distance from a lot or site line, creek or stream measured horizontally to a line or location within the lot or site, which establishes the permitted location of uses, structures, or buildings on the site. SETBACK AREA: Defined in title 12, chapter 2 of this code. The area within a lot or site between a lot or site line and the corresponding setback line within the lot or site. SETBACK LINE: Defined in title 12, chapter 2 of this code. A line or location within a lot or site which establishes the permitted location of uses, structures, or buildings on the site. SETBACK LINE, FRONT: Defined in title 12, chapter 2 of this code. The setback line extending the full width of the site parallel to and measured from the front lot or site line. SETBACK LINE, REAR: Defined in title 12, chapter 2 of this code. The setback line extending the full width of the site parallel to and measured from the rear lot or site line. SETBACK LINE, SIDE: Defined in title 12, chapter 2 of this code. The setback line extending from the front setback line to the rear setback line parallel to and measured from the side lot or site line. SITE COVERAGE: Defined in title 12, chapter 2 of this code. The ratio of the total building area on a site to the total area of a site, expressed as a percentage. For the purpose of calculating site coverage, "building area" shall mean the total horizontal area of any building, carport, porte-cochere, arcade, and covered or roofed walkway as measured from the exterior face of perimeter walls or supporting columns above grade or at ground level, whichever is the greater area. For the purposes of this definition, a balcony or deck projecting from a higher elevation may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. In addition to the above, building area shall also include any portion of a roof overhang, eave, or covered stair, covered deck, covered porch, covered terrace or covered patio that extends more than four feet (4') from the exterior face of the perimeter building walls or supporting columns. SLOPE: Defined in title 12, chapter 2 of this code. Shall be established by measuring the maximum number of feet in elevation gained or lost over each ten feet (10') or fraction thereof measured horizontally in any direction between opposing lot lines; the relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentile as a means of quantifying the term "slope". In determination of "slope" as defined herein, for use in establishing buildable area requirements and maximum floor area ratio limitations on existing and proposed lots, a grid system based on ten foot (10') modules shall be superimposed on a topographic map of the subject property and the lot slope determination established by the defined method for each one hundred (100) square foot grid portion of the tract, lot or portion thereof. January 7, 2020 - Page 87 of 100 Town of Vail Page 5 A. Existing, natural: The gradient or configuration of the undisturbed land surface prior to site improvement of a lot, site, or parcel. B. Graded, finished: The gradient or configuration of the land surface following improvement of a lot, site, or parcel. 14-6-7: RETAINING WALLS: A. General: All retaining walls are reviewed by the Design Review Board or the Administrator to determine compatibility to the existing topography of and the materials in use. Retaining walls shall not exceed an exposed face height of six feet (6'). Within a front setback, retaining walls shall not exceed an exposed face height of three feet (3'), unless related to access to or development of a structure constructed on excessive slopes (in excess of 30 percent). Retaining walls associated with a street located within a public right of way or access to an underground covered parking structure are exempt from these height limits, but must be approved by the Design Review Board and shall meet the standards prescribed in Section 14-10-3 of this Code. Retaining walls shall be located a minimum of two feet (2') from adjacent private property boundaries and should be ten feet (10') from the edge of a public street unless otherwise approved by the town engineer. All retaining walls over four feet (4') in height, measured from the bottom of a footing to the top of wall as per the adopted town of Vail building code, shall be engineered and stamped by a licensed Colorado professional engineer (PE stamp) except in the right of way, where retaining walls over three feet (3') in height, measured in the same manner, shall require a PE stamp. All retaining walls requiring a PE stamp shall be required to have submitted and approved, prior to building permit release, engineered stamped plans, profiles, sections, details, and engineering analyses and calculations for each wall type as required by the town engineer. At a minimum, unless otherwise directed, the engineering submittal shall include PE stamped plans, and PE stamped typical details with all engineering design parameters and calculated factor of safety provided on the details. Plans and details shall be cross referenced. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application and make the final decision. Planning and Environmental Commission: January 7, 2020 - Page 88 of 100 Town of Vail Page 6 The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board held three separate work sessions to review the proposed text amendment. The board is supportive of the language submitted to the PEC for their review. The Design Review Board (DRB) has no formal review over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. V. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Town Code and Vail Land Use Plan are relevant to the review of this proposal: Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: January 7, 2020 - Page 89 of 100 Town of Vail Page 7 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off-street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. VI. ENVIRONMENTAL IMPACTS The proposed regulation amendment does not have identifiable environmental impacts. VII. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The general purposes of the zoning regulations are for “promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality”. This text amendment is intended to advance these purposes by providing clear standards in the zoning code by removing repeated definitions and provided one clear definition for words used in the code. This added clarity will help to improve customer January 7, 2020 - Page 90 of 100 Town of Vail Page 8 service as residents will be able to more easily navigate through the code and staff will be more effective in finding relevant sections applying them and answering questions about them. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed text amendment will provide the community, as well as anyone who references the code, clear standards for planning and development review that can be applied consistently. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The text amendment largely simplifies the existing regulation and adds clarity. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and By increasing consistency and removing redundancy in the zoning code, the proposed text amendment would promote a harmonious, convenient and workable relationship among land use regulations consistent with municipal development objectives. The text amendment does not conflict with other existing land use documents or municipal development objectives. 5. Such other factors and criteria the Planning and Environmental Commission and/or council deem applicable to the proposed text amendments Staff will provide additional information as needed should the PEC and/or council determine other factors or criteria applicable to the proposed text amendments. VIII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval for the prescribed regulation amendment to the Vail Town Council. This recommendation is based upon the review of the criteria outlined in Section III of this memorandum and the evidence and testimony presented. January 7, 2020 - Page 91 of 100 Town of Vail Page 9 Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, 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 prescribed regulation amendment, pursuant to Section 12- 3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, Vail Town Code, and amendments to Title 14, Development Standards, Vail Town Code, to update definitions, to remove redundant definitions, and regulations for retaining walls, 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 for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission makes the following findings: “Based upon a review of Section III of the September 23, 2019 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." IX. ATTACHMENTS A. Title 12 Definitions Draft Ordinance B. Title 14 Retaining Walls Draft Ordinance January 7, 2020 - Page 92 of 100 P L ANNI NG AND E NV I RO NM E NTAL C O M M I S S I O N September 23, 2019, 1:00 P M Town Council C hambers 75 S. F rontage Road - Vail, Colorado, 81657 1.Call to Order 1.1.Attendance Present: Brian Gillette, Pam Hopkins, Rollie Kjesbo, Ludwig Kurz, J ohn Ryan Lockman, Karen Perez, Brian Stockmar Absent: None 2.Main Agenda 2.1.A request for the review of a variance from Section 12-14-17, Setback from Watercourse, Vail Town Code, in accordance with the provisions of Section 12-17, Variances, Vail Town Code, to allow for the on-site relocation of a natural seasonal stream channel, located at 5002 Snowshoe Lane/Lot 23, Vail Meadows Filing 1, and setting forth details in regard thereto. (P E C19- 0042) 20 min. Applicant:Peregrine Group Development L L C, represented by Krueger Architecture Planner:J onathan Spence 1. Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. Prior to submitting for a building permit, the applicant shall provide the Community Development Department all required approvals from the US Army Corps of Engineers (US A C E) related to the project, to be reviewed and approved by the Town Engineer. Planner Spence: I ntroduced the project by showing its location and describing previous approvals. The applicant observed a small seasonal stream after project approval, which was not previously known. The variance process helped to create a plan for this development that is supported by the Public W orks department and Environmental Sustainability department. Chairman Stockmar: Clarified the difference between watercourses identified by the Town and a seasonal stream. Spence: Stated that these seasonal streams are not identified by the town. Pavan Krueger: W orked with Kathy of C E RE S and S GM to understand the landscaping and water flows on site. The capacity of the waterway may increase to 1.5x its current size through this design. After this variance, the applicant will have to work with the Army Corps of Engineers for this mitigation. There may have been an informal diversion for this stream at one point. Stockmar: I s this stream itself a diversion from its original course? Krueger: Stated it was likely, but there is no record of when this might have happened. January 7, 2020 - Page 93 of 100 Commissioner Hopkins: Asked where the proposed diversion will go. Krueger: The stream will be moved into the side setback and will be directed to a culvert under the driveway. I t will exit into the neighbor ’s property. Stockmar: Asked if there would be any increase of flow. Krueger: Stated there would be none. Commissioner Perez: Asked if the neighbor was notified. Planner Neubecker: Stated the neighbor to the north had received the notice, and they came into the Community Development department to ask about the variance. He stated that the neighbor was in support, as long as the stream enters the neighbor ’s property in the same location. Krueger: They will not be creating a concrete culvert, but it will be a rock- lined channel. I t will be better than the existing culvert. She stated they will also do drainage studies. Public Comment: None Commissioner Kjesbo: I n support, felt that this was the right way to deal with this situation. Commissioner Gillette: I n support, warned about paying attention to maintenance. The remaining commissioners stated that they agreed with the variance. J ohn-Ryan Lockman moved to approve with conditions. Rollie Kjesbo seconded the motion and it passed (7-0). 2.2.A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, Vail Town Code, and amendments to Title 14, Development Standards, Vail Town Code, to update definitions, to remove redundant definitions, and regulations for retaining walls, and setting forth details in regard thereto. (P E C19-0017) 10 min. Applicant:Town of Vail Planner:Erik Gates Planner Gates: Provided and described to the Commission the requested changes from the previous meeting. He stated that definitions removed in Title 14 now make reference to the corresponding definitions in Title 12. Commissioner Kurz: Confirmed that the changes were a result of the P E C comments and concerns. Chairman Stockmar: W arned about unintended consequences when language removed form codes or moved. Gates: Discussed the process related to consistent language and stated that the definitions to be removed in Title 14 all had identical or near identical language in Title 12. January 7, 2020 - Page 94 of 100 Commissioners expressed support Public Comment: None Ludwig Kurz moved to recommend approval. Rollie Kjesbo seconded the motion and it passed (0-0). 2.3.A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code, to amend the regulations on building design and landscaping in the W ildland Urban I nterface to reduce the risk of wildfire, and setting forth details in regard thereto. (P E C18-0035) 45 min. Applicant:Town of Vail Planner:Chris Neubecker Planner Neubecker: I ntroduced the application by talking about the changes requested by the Commission at the previous meeting, and how changes were incorporated into the amendment proposal. These included changing some “shall” language to “should,” consistent lowercase use of “the town,” and changing “occupants” to “tenants.” Asked for any direct questions or feedback from the Commission. Commissioner Hopkins: Asked how this regulation might apply to condominium association exterior renovations. Paul Cada: Answered by stating that they wanted to start with an amendment that would help push the town at the right direction. Wanted to start with new construction and additions. Even at this level they feel that this pushes the town in the right direction. Neubecker: Stated that a lot of new construction in Vail is already using these noncombustible materials, with heavy timbers and other materials that meet this regulation. Rather than proposing a regulation that is heavy handed, we are starting with regulations that can be supported by the community. Chairman Stockmar: Stated that the impression he had been getting is that while spacing is important, using the right materials for building is key for preventing fire from spreading in town. Commissioner Gillette: Stated that it’s hard to find materials that you couldn’t use from the materials list. I t might have been easier to tell what someone what they can’t use instead of what they can. Hopkins: Asked about the 100 foot radius, regarding defensible space. I s that for trees? Gillette: Stated that Commissioner Kjesbo had previously asked about the recommendation to trim the first 8 feet of trees at the last meeting, and this had not been addressed. Code still says “should” not “shall”. Has concerns about meeting code when new trees are planed at time of permit issuance. Cada: Stated that the intent is to have this rule apply only to mature trees, not newly planted trees. He explained the language in the landscaping guide, which is geared toward trimming established trees. January 7, 2020 - Page 95 of 100 Gillette: Pointing to Section 14-10-8, wanted clarification for the recommendation to trim the first 8 feet or to trim one-third or less of the tree. Then pointed to a picture that is listed as an example of good compliant landscaping, and showed that one of the trees was not pruned in the picture. He stated that the landscaping looks good because it is out of proposed compliance. He is worried about requiring applicants to trim 2 feet of branches off of a new 6 foot tree. Cada: Stated that the intention is, as written, to only apply this provision for established trees. Stockmar: Stated that the referenced guidelines are not law as they can be changed by the Fire Department without P E C approval. Chief Novak: Clarified that this gives the Fire Department the ability to make a determination on whether a tree should be pruned based on the surrounding landscaping. A tree over an irrigated lawn would need less trimming than a tree over high bushes or shrubs. Gillette: W orried that this trimming based on context would result in removing screening. Also, mentioned the issue of many trees being on a property line. Stockmar: This puts a lot of burden on the Fire department and wants to make sure the department has capacity for this. Cada: Stated that they already do a lot of this review. Planning already does landscaping inspections, so they can do the final review that includes the Fire department requirements. Novak: Stated that changes to landscaping standards do not go to Town Council. Talked about an example where the standards were amended administratively for streamside landscaping. Perez: Clarified that these guidelines may change depending on circumstance. Gillette: Stated he had a problem with this. Does this mean that today we are talking about whatever guidelines get put in place at any given time in the future? Neubecker: Yes Gillette: Stated he was not comfortable with this and he couldn’t vote for something if he didn’t even know what it is. Neubecker: Mentioned that if Gillette is not comfortable with these regulations, in this form, he could vote against it. Also, he could make a recommendation that something in the regulations be changed. Gillette: W anted the current guidelines to be codified and they can be amended as needed. Wants to incorporate the guidelines by name and date. Kjesbo: Asked a question clarifying when and where these guidelines would apply. No public comment. Ludwig Kurz moved to recommend approval. Rollie Kjesbo seconded the January 7, 2020 - Page 96 of 100 motion and it passed (6-1). Ayes:(6)Hopkins, Kjesbo, Kurz, Lockman, Perez, Stockmar Nays:(1)Gillette 2.4.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 this item be tabled to October 28, 2019. 5 min. Applicant:Town of Vail, represented by Victor Mark Donaldson Architects Planner:Chris Neubecker Rollie Kjesbo moved to table to October 28, 2019. Ludwig Kurz seconded the motion and it passed (7-0). 2.5.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 this item be tabled to October 28, 2019. 2 min. Applicant:Town of Vail, represented by Victor Mark Donaldson Architects Planner:Chris Neubecker Rollie Kjesbo moved to table to October 28, 2019. Ludwig Kurz seconded the motion and it passed (7-0). 2.6.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) The applicant has requested this item be tabled to October 14, 2019. 5 min. Applicant:Town of Vail, represented by George Ruther Planner:J onathan Spence Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded the motion and it passed (7-0). 2.7.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) The applicant has requested this item be tabled to October 14, 2019. 2 min. January 7, 2020 - Page 97 of 100 Applicant:Town of Vail, represented by George Ruther Planner:J onathan Spence Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded the motion and it passed (7-0). 2.8.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) The applicant has requested this item be tabled to October 14, 2019. 2 min. Applicant:Town of Vail, represented by George Ruther Planner:J onathan Spence Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded the motion and it passed (7-0). 2.9.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) The applicant has requested this item be tabled to October 14, 2019. 2 min. Applicant:Town of Vail, represented by George Ruther Planner:J onathan Spence Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded the motion and it passed (7-0). 2.10.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) The applicant has requested this item be tabled to October 14, 2019. 2 min. Applicant:Town of Vail, represented by George Ruther Planner:J onathan Spence Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded the motion and it passed (7-0). 2.11.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) 2 min. January 7, 2020 - Page 98 of 100 The applicant has requested this item be tabled to October 14, 2019. Applicant:Town of Vail, represented by George Ruther Planner:J onathan Spence Rollie Kjesbo moved to table to October 14, 2019. Ludwig Kurz seconded the motion and it passed (7-0). 3.Approval of Minutes 3.1.September 9, 2019 P E C Results Stockmar: There’s a question mark at the end of one of his sentences, on page 4, that is a statement. Needs to be corrected. Karen Perez moved to approved. Rollie Kjesbo seconded the motion and it passed (6-0). Abstain:(1)Hopkins 4.Adjournment Rollie Kjesbo moved to adjourn. Brian Gillette seconded the motion and it passed (7-0). 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 January 7, 2020 - Page 99 of 100 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 (est. 6:55 pm) January 7, 2020 - Page 100 of 100