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HomeMy WebLinkAbout2020-12-14 PEC0 PLANNING AND ENVIRONMENTAL COMMISSION TOW?J OF ffl December 14, 2020, 1:00 PM Virtual 75 S. Frontage Road -Vail, Colorado, 81657 1. Call to Order 1. 1. Register in advance for this webinar: https://us02web.zoom. us/webinar/register/W N_FX4ULfvLT3mdQgZo7hM7SA After registering, you will receive a confirmation email containing information about joining the webinar. 1.2. Attendance Present: Brian Gillette, Rollie Kjesbo, Ludwig Kurz, John -Ryan Lockman, Karen Perez, Henry Pratt, Pete Seibert (joined for item 2.3) Absent: None Absent: (1) Seibert Main Agenda 2.1. A request for the review of variances from Section 14-10-4-C, Architectural 30 min Projections, Decks, Balconies, Steps, Bay Windows, Etc., Vail Town Code, pursuant to Section 12-17, Variances, Vail Town Code, to allow a deck more than five feet (6) above ground level to project more than five feet (6) into the required side (east) setback, located at 413 Gore Creek Drive/Lots 1-6, Block 4, Vail Village Filing 1, and setting forth details in regard thereto (PEC20-0030) Applicant: Vail Trails Chalets, represented by Mike Devins Planner: Greg Roy The applicant has requested this item be tabled to January 11, 2021. Brian Gillette moved to table to January 11, 2021. Henry Pratt seconded the motion and it passed (5-0). Abstain: (1) Kjesbo Absent: (1) Seibert 2.2. A request for a recommendation to the Vail Town Council to establish a new 2 min. Special Development District, (Alura Vail), pursuant to Section 12-9-A Special Development (SDD) District, Vail Town Code, to allow for the development of 24 multifamily residential units in eight (8) buildings with associated site improvements, located at 1472 Matterhorn Circle/Vail Park Meadows Subdivision, and setting forth details in regard thereto. (PEC20- 0028) The applicant has requested this item be tabled to January 11, 2021. Applicant: Alura Vail LLC, represented by The Brown Studio Planner: Jonathan Spence Karen Perez moved to table to January 11, 2021. Brian Gillette seconded the motion and it passed (5-0). Abstain: (1) Pratt Absent: (1) Seibert 2.3. A request for a recommendation to the Vail Town Council for a Prescribed 60 min. Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-23-6: Methods of Mitigation and Section 12-24- 6: Methods of Mitigation, Vail Town Code, to update the Payment of Fees in Lieu provisions of Commercial Linkage and I nclusionary Zoning, and setting forth details in regard thereto. (PEC20-0027) Applicant: Town of Vail, represented by George Ruther Planner: George Ruther, Town of Vail Housing Director, gave a short recap of the application and the previous meeting with the PEC. [Pete Seibert joined the meeting] Steve Lindstrom goes over how the fee in lieu and mitigation rates are what is proposed for discussion today. He explains how fee in lieu is meant to bridge the gap between what a household can afford and what housing goes for in the town. Because of the complicated calculation the amounts are out of date. The idea is to use MLS data as it is more easily focused in a certain area compared to the numbers available with the traditional calculation. Mitigation rates are also up for discussion and whether Council wants to investigate updating those numbers. The ways that mitigation takes place could be altered as well. Right now, it is left up to the applicant to decide on the type of mitigation, and could it be something where certain methods are incentivized over others? The applicability of regulations is another area to investigate. Commercial has set numbers of employee generation that is repeatable. Residential is ruled by inclusionary zoning but has become less useful as there are less new projects and more redevelopment. It could be done more like linkage instead of on a new unit basis. Gillette asks why we don't just put together a recommendation for Council instead of going to them and see what they want us to do. Lindstrom explains it would be good to go to them first to establish the scope of the changes they want to see. Andrew Knudsen, EPS, explains that Council may have a good idea of what the direction of the Town should be heading and spending time and money working on. Kurz agreed with Knudsen but added that PEC could have the discussion now and be on the same page moving forward. He puts forward a question on the change to inclusionary zoning and what would be a good way to move forward with it. He believes that residential development should bear more of a burden to help subsidize the housing for the new jobs they create. Gillette asks Ruther about when the last time this came up what the opposition was to the changes proposed at that time and the discussion around the subject. Ruther responds that the public was not in favor of making the changes proposed then. Kurz responds that back then in 2007 it was a different situation and times have changed. It could be a good time now to come back to the conversation. Knudsen added a story about Jackson how they did all residential linkage where they collected their fees, and then switched to commercial. They noticed after that change that the scale of residential development significantly increased, and they are now looking more towards finding a balance. Kurz gives a personal example of how larger homes require more maintenance, which adds to jobs. He asks if the measurements need to be changed based on the numbers. Knudsen said the number were solid based on the survey they've used. Kurz asks if he is confident that we can have good numbers on the residential calculations. Knudsen breaks down how they would do the calculations, with previous ways they've done them in other areas and what was learned from that approach. Doing a top down methodology is the most effective way they have found to get the most accurate numbers. Ruther adds the town needs to look back at the commercial linkage numbers to make sure the regulations don't ding certain commercial usages twice. Once on the commercial side and again on the housing side. Gillette asks for an example of where that may happen. Ruther says a property manager might be a good example. They would have to add for employee mitigation and for the housing that they are providing through their business. Knudsen adds the example of traffic studies. When someone drives to grocery store, is it a residential trip or a grocery trip? They have ways to equally divide those numbers and avoid double dipping. Gillette asks if this is a good way to do it or is there another way to tax the community for the housing? Rachel Shindman, EPS, explains about how there needs to be a rational nexus that links payment to the taxes. Gillette explains how there could be a general tax where people that live in the area might be able to help pay for the housing since where they spend money is where the jobs are created. Knudsen adds that the ability to tax services is rare and it is easier to tax goods. W ithin the construct we have in the town, these tools we're looking at are the most recent innovation in the way to collect the funds. Gillette questions the goal of the meeting. What do the applicants want from the PEC to take to Council. Lindstrom lists 1. Do we want to keep the fee in lieu methodology? Do we think it works or is there a better way to do it? Kurz thinks it merits another look as the current method is so old. Linstrom lists 2. Do we want to look at how we do the mitigation rate? If so we can come back and look at how we calculate the various rates. 3. Do we want to look at the inclusionary zoning. 4. Do we want to look at mitigation methods and possible incentives for certain types of mitigation? Knudsen adds some explanation of the ways these changes could occur and the alternatives that could result. Kjesbo echoes what Gillette said earlier. With the town so built up and only 10% of the construction is trying to pay for housing. Can we look at a more general way to collect funds to help with it. Gillette agrees and says how small of a portion of the town contributes to these funds while everyone should contribute. If we want to solve these problems, it needs to be community -wide solution. If we're going to go back to Council, we need a way to make a meaningful dent in the problem and not just revisiting the existing system. Lindstrom breaks it down into "keep up" and "catch up". He believes Gillette is referring to catching up with where housing needs are and what they are trying to propose is to something to keep up with the current system at this time. Gillette thinks we've been stuck in a rut of "keep up" as we did in 2007 and we haven't made substantive change. Kurz adds that we can do these recommendations and do at least something instead of trying to focus on too much at this time. Pratt thinks the methods can be simplified. The mitigation rate should be enough that we can keep up as we aren't doing that now and are falling behind. He believes that mitigation options should be limited to inside the town of Vail and nothing outside. He thinks residential is worrisome and while larger houses produce more jobs, do those people live in the town and if we did this, would that change? Kjesbo thinks something needs to be done to update the system but would like to see a larger idea come forward. We aren't even keeping up today but there could be better, simpler ways to do this than what is in place today. Perez wants clarity on what they mean by cost to build housing. Fee in lieu should be a last resort. Kicking it down valley and allowing mitigation outside of the town doesn't do anything for the town. Lockman is curious as to how other communities are doing and how they bear the rates of mitigation out there. Specifically, how Aspen bears a 65% mitigation rate and still develops. Knudsen goes into how Aspen has seen a secondary market of housing banks Lockman added that we are seeing an additional impact on the housing market with everyone working from home and what that has done. Knudsen adds that those are real effects that they are seeing in other areas as well and are studying that at the moment. Seibert adds that the PEC should recommend looking at all those items. While we need another method in general, studying this now can't hurt and a note should be added in there that we need to look at other solutions as well. Kurz agrees with Seibert that this is a bigger issue and the catch up needs to be pursued as well. Ruther just adds that he is looking for a show of hands and that there be no formal motion today. Kurz asks if everyone agrees. Gillette says he'll oppose as this doesn't do enough. He doesn't have an issue with the idea, but it needs to be a broader solution. Kjesbo says he will recommend the Council look at these but is very supportive of a larger solution. Perez agrees. Gillette says it would be good to know who is paying the fee in lieu vs the others that are doing the other mitigations. Ruther says that it is typically uses that don't work well with housing or smaller projects that have smaller obligations. Gillette suggest adding the 5th recommendation to get money to look at the catch up portion as well. Ruther agrees that would be a good idea. Kurz agrees and is in favor of adding that item. Pratt also agrees and adds that what we determined as "keep up" isn't actually keeping up. Jonathan Spence asks when the applicant would like to come back to the PEC? Ruther says to the January 11th meeting. Rollie Kjesbo moved to table to January 11, 2021. Brian Gillette seconded the motion and it passed (7-0). 3. Approval of Minutes 3.1. November 23, 2020 PEC Results Rollie Kjesbo moved to approve. Karen Perez seconded the motion and it passed (7-0). 4. Adjournment Rollie Kjesbo moved to adjourn. Karen Perez seconded the motion and it passed (7-0). The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: Register in advance for this webinar: https:Hus02web.zoom. us/webi nar/register/WN_FX4U LfvLT3mdQgZo7h M7SA After registering, you will receive a confirmation email containing information aboutjoining the webinar. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: Attendance City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: December 14, 2020 ITEM/TOPIC: A request for the review of variances from Section 14-10-4-C, Architectural Projections, Decks, Balconies, Steps, Bay Windows, Etc., Vail Town Code, pursuant to Section 12-17, Variances, Vail Town Code, to allow a deck more than five feet (5) above ground level to project more than five feet (5) into the required side (east) setback, located at 413 Gore Creek Drive/Lots 1-6, Block 4, Vail Village Filing 1, and setting forth details in regard thereto (PEC20-0030) ATTACHMENTS: File Name Description PEC20-0030 413 Gore Crk Dr Staff Memo Final.pdf PEC20-0030 Staff Memo Attachment A. Vicinity Map.pdf Attachment A. Vicinity Map Attachment B. Poriect Description.pdf Attachment B. Porject Description Attachment C. Plans and Site Plan.pdf Attachment C. Planset TOWN OF Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 14, 2020 SUBJECT: A request for the review of a variance from Section 14-10-4-C, Architectural Projections, Decks, Balconies, Steps, Bay Windows, Etc., Vail Town Code, pursuant to Section 12-17, Variances, Vail Town Code, to allow a deck more than five feet (5) above ground level to project more than five feet (5) into the required side (east) setback, located at 413 Gore Creek Drive Unit #16/Vail Village Filing 1, Block 4, Lots 1-6, and setting forth details in regard thereto. (PEC20-0030) Applicant: Mike Devins (VHR Management) Planner: Greg Roy I. SUMMARY The applicant, Mike Devins (VHR Management), is requesting the review of a variance from Section 14-10-4-C, Architectural Projections, Decks, Balconies, Steps, Bay Windows, Etc., Vail Town Code, pursuant to Section 12-17, Variances, Vail Town Code, to allow a deck more than five feet (5') above ground level to project more than five feet (5) into the required side (east) setback, located at 413 Gore Creek Drive Unit #16. Based upon staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends denial of this application, subject to the findings noticed in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Mike Devins (VHR Management), is requesting the review of a variance from Section 14-10-4-C, Architectural Projections, Decks, Balconies, Steps, Bay Windows, Etc., Vail Town Code, to allow for the reconstruction of an existing deck that would result in an eight foot (8') side setback from the east property line, where a fifteen foot (15') side setback would be required. The deck currently exists in this location and is proposed to be rebuilt to the same size and in the same location. The earliest plans shown of the building include the deck, but no variance was ever granted to allow for the deck to encroach into the setback as the building was built prior to the Town being incorporated. The deck is currently legally non -conforming and may remain as and be maintained, but it cannot be replaced. The owners wish to tear down the deck and rebuild it, necessitating the variance. A site plan from the property record shows that the subject building does not meet the 20' setback and is only 14' from the property line. The deck would extend another six feet putting the edge of the deck within 8' of the property line. Also, the neighboring building to the east encroaches onto the subject property by two and half feet (25). This puts the deck within 5.5' of the adjacent building. A vicinity map (Attachment A), applicant's project description (Attachment B), and plan set (Attachment C) are attached for review. III. BACKGROUND The subject property was annexed from Eagle County as part of the original Town of Vail in 1966. The condominium building was constructed on the subject property in 1963. The subject unit was constructed with the deck adjacent to the eastern (side) property line. In 1983 Unit 1 received a variance on the west side of the building to allow a deck, entry, and balcony to extend into the side setback by six feet (6), fifteen feet (15') and ten and a half feet (10.5') respectively. In that same variance a bay window was permitted to extend into the rear setback to the North by five feet (5). In 1993, Unit 3-A received a variance to extend a bay window nine feet (9') into the front setback. The window extended approximately four feet (4') from the front facade, and the depth of the variance requested is due to the front of the building not meeting the setback. IV. APPLICABLE PLANNING DOCUMENTS Staff finds that the following provisions of the Vail Town Code are relevant to the review of this proposal: Title 12 — Zoning Regulations, Vail Town Code Chapter 6, Article H, High Density Multiple Family (HDMF) District (in part) 12-6H-1: PURPOSE.- Town URPOSE: Town of Vail Page 2 The high density multiple -family district is intended to provide sites for multiple -family dwellings at densities to a maximum of twenty five (25) dwelling units per acre, together with such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same zone district. The high density multiple- family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. (Ord. 29(2005) § 23: Ord. 37(1980) § 6: Ord. 30(1977) § 6: Ord. 8(1973) § 6.100) 12-6H-6: SETBACKS.- The ETBACKS: The minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20). (Ord. 50(1978) § 2) Chapter 12-17, Variances (in part) 12-17-1: PURPOSE: A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. B. Development Standards Excepted: Variances may be granted only with respect to the development standards prescribed for each zone district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements, or with respect to the provisions of chapter 11 of this title, governing physical development on a site. C. Use Regulations Not Affected: The power to grant variances does not extend to the use regulations prescribed for each zone district because the flexibility necessary to avoid results inconsistent with the objectives of this title is Town of Vail Page 3 provided by chapter 16, "Conditional Use Permits", and by section 12-3-7, "Amendment", of this title. 12-17-6: CRITERIA AND FINDINGS.- A. INDINGS: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance.- 1. ariance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance.- 1. ariance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not generally apply to other properties in the same zone district. Town of Vail Page 4 c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. Title 14, Development Standards, Vail Town Code Chapter 10, Design Review Standards (in part) 14-10-4: ARCHITECTURAL PROJECTIONS, DECKS, BALCONIES, STEPS, BAY WINDOWS, ETC..- C. TC.: C. Balconies, decks, terraces, and other similar unroofed features projecting from a structure at a height of more than five feet (5) above ground level may project not more than five feet (5) nor more than one-half (%) the minimum required dimension into a required setback area, or may project not more than five feet (5) nor more than one-fourth (%) the minimum required dimension into a required distance between buildings. A balcony or deck projecting from a higher elevation may extend over a lower balcony or deck but in such case shall not be deemed a roof for the lower balcony or deck. V. ZONING AND SITE ANALYSIS Address: Legal Description: Existing Zoning: Existing Land Use Designation Mapped Geological Hazards: View Corridor: 413 Gore Creek Drive Vail Village Filing 1, Block 4 High Density Multiple Family Village Master Plan Floodplain None Development Allowed I Existing Proposed Conforms Standard Required Site Area 10,000 SF of 17,793 SF of Buildable Area Yes Buildable Area Front (South) — 20' Front: 9.2' Front: 9.2' No Side (East) — 20' Side: 11.3' Side: 11.3' No Setbacks Side (West) — 20' Side: 5.6' Side: 5.6' No Rear (North) — 20' Rear: 11.2' Rear: 11.2' No Density (DUs) Max. 10 19 19 No Density Max. 13,522 SF Unknown No Change Unknown (GRFA) Site Coverage Max. 55% Unknown No Change Unknown 9,786.15 SF Landscaping Min. 30% Unknown No Change Unknown 5,338 SF Town of Vail Page 5 VI. SURROUNDING LAND USES AND ZONING Existing Land Use: Zoning District: North: Gore Creek Natural Area Preservation (NAP) South: Parking Lot Parking (P) East: Vail Trail East High Density Multiple -Family (HDMF) West: Vorlaufer High Density Multiple -Family (HDMF) VII. REVIEW CRITERIA The review criteria for a variance request are prescribed in Title 12, Chapter 17, Variances, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The deck is located on the eastern side of the building where the property line is only fourteen feet (14') away from the building. The deck extends six feet (6') from the building putting the end of the deck only eight feet (8') from the property line. The proximity of the property line and other structures in the vicinity is exacerbated by the neighboring building to the east, which extends over the property line by another two and half feet (25). This puts the deck within five and half feet (55) of the structure to the east. The intent of setbacks in the Town Code is to ensure there is appropriate separation of buildings and uses between neighboring properties. The High Density Multiple - Family Zone District would require forty feet between buildings and a minimum of thirty feet between decks above five feet (5) in grade. Currently the buildings are only 11.5' feet away and the deck is within 5.5' of the neighboring building. Staff finds the proposed variance does not meet this criterion as the proposed deck does not provide the separation of buildings and uses intended by Town Code. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. The existing deck can remain in the current location and be maintained as a legal non -conforming structure per Town Code. Allowing a new deck above five feet in grade to be constructed within eight feet of the property line would not be compatible with treatment of other sites in the vicinity and is a grant of special privilege. Staff finds the proposed variance does not meet this criterion. Town of Vail Page 6 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. This application would not affect the light and air, distribution of population, transportation and traffic facilities public facilities and utilities, and public safety. There is a deck in this location currently and the application would propose one of the same size and height with no greater effect on the public. Staff finds the proposed variance meets this criterion. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. VIII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission deny the variance from Section 14-10-4-C, Architectural Projections, Decks, Balconies, Steps, Bay Windows, Etc., Vail Town Code, pursuant to Section 12-17, Variances, Vail Town Code, to allow a deck more than five feet (5) above ground level to project more than five feet (5) into the required side (east) setback, located at 413 Gore Creek Drive/Lots 1-6, Block 4, Vail Village Filing 1, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to deny this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission denies the applicant's request for variances from Section 14-10-4-C, Architectural Projections, Decks, Balconies, Steps, Bay Windows, Etc., Vail Town Code, pursuant to Section 12-17, Variances, Vail Town Code, to allow a deck more than five feet (5) above ground level to project more than five feet (5) into the required side (east) setback, located at 413 Gore Creek Drive/Lots 1-6, Block 4, Vail Village Filing 1, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose deny this variance, the Community Development Department recommends the Commission make the following findings: "Based upon the review of the criteria outlined in Section VII of the staff memorandum to the Planning and Environmental Commission dated December 14, Town of Vail Page 7 2020, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. The granting of this variance will constitute a granting of special privilege inconsistent with the limitations on other properties classified in the High Density Multiple -Family (HDMF) District; 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and 3. This variance is not warranted for the following reasons.- a. easons: a. The strict literal interpretation or enforcement of the specified regulation will not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code,- b. ode, b. There are not exceptions or extraordinary circumstances or conditions applicable to the same site of the variances that do not apply generally to other properties in the High Density Multiple -Family (HDMF) District; and c. The strict or literal interpretation and enforcement of the specified regulation would not deprive the applicant of privileges enjoyed by the owners of other properties in the High Density Multiple -Family (HDMF) District. " Alternative Motion Should the Planning and Environmental Commission choose to approve, with condition, this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with condition, the applicant's request for variances from Section 14-10-4-C, Architectural Projections, Decks, Balconies, Steps, Bay Windows, Etc., Vail Town Code, pursuant to Section 12-17, Variances, Vail Town Code, to allow a deck more than five feet (5) above ground level to project more than five feet (5) into the required side (east) setback, located at 413 Gore Creek Drive/ Lots 1-6, Block 4, Vail Village Filing 1, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose approve, with condition, this variance, the Community Development Department recommends the Commission applies the following condition: 1. This approval is contingent upon the application receiving approval from the Design Review Board. Town of Vail Page 8 Should the Planning and Environmental Commission choose approve, with condition, this variance, the Community Development Department recommends the Commission make the following findings: "Based upon the review of the criteria outlined in Section VII of the staff memorandum to the Planning and Environmental Commission dated December 14, 2020, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the High Density Multiple -Family (HDMF) District; 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and 3. This variance is warranted for the following reasons.- d. easons: d. The strict literal interpretation or enforcement of the specified regulation will result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code,- e. ode, e. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variances that do not apply generally to other properties in the High Density Multiple -Family (HDMF) District; and f. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the High Density Multiple -Family (HDMF) District." IX. ATTACHMENTS Attachment A Attachment B Attachment C Town of Vail Vicinity Map Project Description Plan Set Page 9 m December 3, 2020 To: Town of Vail Planning Commission Board CC: Mike Devins. Vail Trails Chalet Condominiums HOA Association Re: Deck Replacement for Vail Trails Chalet Condominiums Unit #16 Description of Proposed Project- The existing Deck located on the east side of Unit #16 of the Vails Trails Chalet is in poor condition and needs to be replaced/ reinforced. Monroe Newell, State of Colorado Registered engineers we brought to the site to provide professional engineered plans and specifications to correct the problem. We plan to use this design to correct the deficient deck. The plan is to remove the existing deck and support columns, and then new concrete footers/ piers will be poured. New columns, beams and joist will be installed along with tie back straps to tie into the existing structure. New decking and railing will be installed to match existing/ current deck on the front side of the house. Landscaping will be returned to existing conditions and the new deck will be painted to match the current deck on the front of the building. The new deck will be the same size as the existing and be much safer than the existing deck. Please see attached photographs of the existing deck along with the proposed structural plans. Thank you for your time. Roland 1 1<jesbo President Nedbo Construction LLI eOPeJO10D 'HeA >lz)aC] 9 L# laleqD I!eJ-L HeA kk I CNll . . . . . . . . . . g g3ZEN. ........... g g3ZEN. A . ....... . . . . ......... 2 -.E -Rem-.� E 47/0CIRZIC ,0V a 41g, Nj 11 3 tit RNO SO City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: December 14, 2020 ITEM/TOPIC: A request for a recommendation to the Vail Town Council to establish a new Special Development District, (Alura Vail), pursuant to Section 12-9-A Special Development (SDD) District, Vail Town Code, to allow for the development of 24 multifamily residential units in eight (8) buildings with associated site improvements, located at 1472 Matterhorn Circle/Vail Park Meadows Subdivision, and setting forth details in regard thereto. (PEC20-0028) The applicant has requested this item be tabled to January 11, 2021. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: December 14, 2020 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-23-6: Methods of Mitigation and Section 12-24-6: Methods of Mitigation, Vail Town Code, to update the Payment of Fees in Lieu provisions of Commercial Linkage and Inclusionary Zoning, and setting forth details in regard thereto. (PEC20-0027) ATTACHMENTS: File Name Description PEC Memo.pdf Staff Memo TOWN OF VAIL� Memorandum To: Town of Vail Planning & Environmental Commission From: Vail Local Housing Authority, represented by Steve Lindstrom, Chair George Ruther, Housing Director Date: December 14, 2020 Subject: A request for a recommendation to the Vail Town Council for a Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-23-6: Methods of Mitigation and Section 12-24- 6: Methods of Mitigation, Vail Town Code, to update the Payment of Fees in Lieu provisions of Commercial Linkage and Inclusionary Zoning, and setting forth details in regard thereto. (PEC20-0027) 1. SUMMARY This agenda item is informational in nature and intended to continue discussions with the Town of Vail Planning & Environmental Commission (PEC) on updates to Chapter 23, Commercial Linkage and Chapter 24, Inclusionary Zoning, Vail Town Code. The following topics will be presented for discussion: A summary of peer resort community review Recommendations from the Vail Local Housing Authority on a number of policy -related matters including: o Payment of Fees in Lieu Calculation Method o Mitigation Rate o Prioritization of Mitigation Methods o On-site, Off-site, and Out of Town Mitigation o Application of Regulations, including the addition of Residential Linkage Requirements In the end, the PEC is being asked to provide input on the topics outlined above. This fee update and policy amendment discussion supports the Vail Town Council's goals, initiatives, and priorities outlined in the Vail Town Council Action Plan 2018 — 2020. Specifically, accommodating the need for housing within the community as the Town Council has determined housing is critical infrastructure. 2. BACKGROUND Planning & Environmental Commission The Vail Town Council has instructed the Vail Local Housing Authority and Town staff to pursue updates to both inclusionary zoning and commercial linkage. The objective of this initiative is to achieve the following: • Update the payment of fees in lieu amounts and method of calculation to more accurately reflect current costs (policy) • Prioritize the methods of mitigation to place a greater emphasis on on-site and off-site units in Town versus payment of fees in lieu (policy/implementation) • Evaluate mitigation rates (%) to ensure development impacts are adequately addressed by the private sector (policy) • Evaluate additional mitigation requirements to more equitably distribute the need to address increased demands in housing need across all types of development. (policy/implementation) To that end, the Vail Local Housing Authority and the Town's Housing Department presented background information on the Town's adopted housing policies and regulations to the Planning & Environmental Commission on October 12, 2020. In doing so, the Commission requested information on the following: • Peer resort review • Overall effectiveness of the adopted regulations. Inclusionary zoning and commercial linkage have been effective in helping the Vail community keep up with the present housing demand. Since adoption, approximately 107 employees of 357 jobs generated have been provided housing and a total of approximately $3.4M has been collected in fee in lieu payments since 2015. These numbers represent only a small percentage of the total demand for housing created as a result of new development within the community. As adopted, for each 10 new jobs created as a result of development, 2 employees are provided housing by the private sector developer. Housing for the remaining 8 employees must come from other sources, including the Town of Vail and the free market. A review of peer resort communities reveals Vail has some of the lowest mitigation rates (%) amongst its peers. A summary of the peer resort review matrix has been attached for reference. Fee in Lieu Payment Calculation Method The current fee in lieu payment amounts are based upon the estimated gap in affordability between 80% of area median income in Eagle County and the median price of residential dwelling units in the Town of Vail. Currently, the fee in lieu rate for inclusionary zoning is $320.90 per square foot and $177,733.00 per employee for commercial linkage. Each of these amounts includes an administrative fee of $4.90 per square foot and $4,033 per employee, respectively. The Town Council has expressed an interest in changing the policy for determining the payment rate from the gap in affordability to the MLS Sales Data or actual cost of constructing deed - restricted homes. A table has been created comparing and contrasting each of these options for consideration and is attached for reference. When considering this change the Vail Town Council may decide to use the following factors for evaluation: Build new units versus purchase existing Availability, completeness, and accuracy of data • Ease of updating data on a recurring basis • Leading versus trailing indicators • Timeliness of data • Credibility of data Town of Vail Page 2 Mitigation Rate (%) The Town's inclusionary zoning and commercial linkage housing mitigation tools were originally adopted by the Vail Town Council in 2008. The mitigation tools were adopted to ensure that new residential and commercial development and redevelopment provided for a reasonable amount of deed -restricted housing to mitigate the impact on the need for additional housing resulting from said development and redevelopment. Mitigation rates were adopted to mitigate the resulting impact. The mitigation rate for commercial linkage is 20% of the net new employee jobs generated, and for inclusionary zoning the mitigation rate is 10% of the net new floor area created. These mitigation rates result in a 1:4 and 1:9, developer required to community required housing mitigation ratios. By comparison, most peer resort communities have adopted higher housing mitigation rates (%) for both commercial and residential development. Aspen/Pitkin County, for example, has mitigation rates up to 60%, or a 3:2 housing mitigation ratio. Prioritization of Mitigation Methods Housing mitigation tools establish methods by which mitigation can be achieved. Presently, the Vail Town Code grants sole deference to the applicant, allowing the applicant to self-select and determine the method of mitigation they believe is most appropriate. Currently, an applicant can select one, or a combination, of the following mitigation method options: • On-site Units • Conveyance of Property On-site • Off-site Units • Conveyance of Property Off-site • Payment of Fees in Lieu Anecdotally, applicants have selected mitigation methods in the following order: 1) On-site Units* 2) Off-site Units 3) Payment of Fees in Lieu The Town has yet to receive the conveyance of property as a form of mitigation. (note: *Some zone districts require 100% or some percentage of units on-site.) The type and size of the development or redevelopment project are determining factors when an applicant selects a mitigation method. Most of the large-scale residential projects completed requiring mitigation satisfied the housing requirement through on-site units, or a combination of on-site and off-site units. By contrast, small -scaled residential and commercial projects rely upon payment of fees in lieu. In all instances, payment of fees in lieu are used to provide for fractions of housing requirements (i.e., < 1 whole employee). For reference, since 2015, the Town has collected $3,312,995.54 in payment of fees in lieu. Town of Vail Page 3 On-site, Off-site, or Out of Town An additional obligation of both commercial linkage and inclusionary zoning is where the mitigation is provided, meaning on-site and/or off-site. It is intended that at least 50% of the resulting obligation is provided on-site. In some instances, 100% of the obligation is to be provided on-site. Presently, when provided off-site, the off-site location must be located within the Town of Vail. Out of town housing locations are currently prohibited. Again, this is an intended policy outcome which was discussed and determined at the time of adoption of both inclusionary zoning and commercial linkage. As discussed, there are policy trade-offs associated with each option which must be evaluated. For example, on-site units optimize otherwise scarce public land resources and out of town units may bring a lower cost of construction but additional financial and environmental impacts to the community. Regardless, on-site, off-site and out of town mitigation each have unintended policy consequences that must also be considered. Application of Regulations Commercial linkage and inclusionary zoning are two reactive regulatory approaches to accommodating the need for additional housing as a result of new development. Neither is a proactive approach by the Town towards addressing the existing community housing needs. These two tools are often described as "keep up" tools and do not address the housing deficit that presently exists. Tools which address the existing deficit of housing are proactive approaches and are better described as "catch up" tools. From legal and policy perspectives, these are two very different approaches with very different policy implications and outcomes. The Town's approach to implementing commercial linkage and inclusionary zoning are uniquely different from many of its peer resort communities. Commercial linkage requirements apply equally to development and redevelopment in all commercial zone districts, while inclusionary zoning requirements only apply to development and redevelopment in a select few residential zone districts. As adopted, not all residential development and redevelopment is obligated to mitigate for the increase in housing need created as a result of development. Instead, that obligation has been placed on public sector to address. Residential development has been proven to create a significant demand for job generated by homes in a community, based upon independent studies. Examples of jobs generated include property management, housekeeping, interior and exterior home maintenance, landscaping, etc. Presently, residential development in the Hillside Residential, Single-family Residential, Two-family Residential, Two-family Primary/Secondary Residential, Residential Cluster, Low Density Multiple Family Residential, and Medium Density Multiple Family Zone Districts is exempt from the application of inclusionary zoning requirements. This exemption is an intended policy outcome determined at the time of inclusionary zoning adoption. 3. RECOMMENDATION The Vail Town Council is the policy making body of the Town of Vail. Upon determination of policy direction, the Vail Local Housing Authority will prepare a proposal for implementation to be presented to the Town of Vail Planning & Environmental Commission for recommendation to the Vail Town Council. The Vail Local Housing Authority recommends the following changes in policy direction: Town of Vail Page 4 Fee in Lieu Payment Calculation Method The payment of fees in lieu amounts for both inclusionary zoning and commercial linkage, and the associated administrative fees, require updating. The Vail Local Housing Authority recommends the fees be updated to accurately reflect the Town's actual costs of accepting the obligation to provide the housing in lieu of the applicant doing so themselves. The Vail Town Council must determine whether the Town is more likely to use payment of fees in lieu funds to construct new homes or to purchase existing homes. Given the scarcity of developable land along with the difficulties of developing in Vail, the Vail Local Housing Authority recommends the Town use the funds collected to purchase existing homes and fund partnerships with the private sector. The Vail Town Council must determine the frequency at which they wish to update payment of fees in lieu amounts. The more frequent the fee in lieu amount is updated, the more important it is to ensure the data sources are accurate, timely, relevant, readily available and the method of updating is easy to complete. Due to the rapidly changing nature of the real estate market, the Vail Local Housing Authority recommends an update occurs each one to two years. Said update should be by mandate of the Vail Town Code and funded by the Vail Town Council. Mitigation Rate M The current mitigation rates (%) have proven to be less than effective at addressing the Town's housing shortage and places a disproportionate amount of the obligation back onto the Vail community to provide additional housing. The Town's housing problems are not the result of the percentage of employees housed. Instead, it is the percentage of employees not provided housing. The Vail Local Housing Authority recommends adopting increased mitigation rates (%) for both inclusionary zoning and commercial linkage thereby redistributing a greater obligation on the applicant to provide housing for the employees of the jobs generated as a result of development. Prioritization of Mitigation Methods The Vail Local Housing Authority recommends adopting a prioritization of mitigation methods with built-in incentives for implementing the Town's more preferred options. The applicant would maintain sole discretion to select the option(s) desired, however, the mitigation rate (%) would increase along a scale as one moves from Option #1 to #7, in order of prioritization. The recommended order of prioritized options is as follows: 1. Construct new units off-site or on-site and in Town 2. Acquire deed restrictions on existing units in Town 4. Acquire title to developable land in Town (housing land bank) 5. Acquire deed restrictions on new units constructed out of Town 6. Acquire deed restrictions on existing units out of Town 7. Payment of fee in lieu Town of Vail Page 5 Application of Regulations The increased demand for housing is not only created by commercial development. The Vail Local Housing Authority recommends an amendment to the Town's Zoning Code to add residential linkage as an additional housing mitigation tool for residential development and redevelopment projects. To do so requires additional study and the need for an updated rational nexus study which includes jobs generated by residential development. The last update to the Town's rational nexus study was in 2016. The update did not include generation rates resulting from residential development. Town of Vail Page 6 {2 12 , ® ) \ 2 - K K II - K31 |_±) | k( !®�)f q\]_ }!0 %\)/§{ \ | 11111=1 - - � \ {\'o o (S § { o } � ) \ j: 12\/\o 42 o &- c oc o !)/ 7 So /\ }� oc }c !! [ |){it D � ) \ j: City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: November 23, 2020 PEC Results ATTACHMENTS: File Name Description Pec results 112320.pdf November 23, 2020 PEC Results 0 PLANNING AND ENVIRONMENTAL COMMISSION TOW?J OF ffl November 23, 2020, 1:00 PM Virtual 75 S. Frontage Road -Vail, Colorado, 81657 Call to Order 1. 1. Attendance Present: Ludwig Kurz, Karen Perez, Rollie Kjesbo, Brian Gillette, Henry Pratt, Pete Seibert, John -Ryan Lockman Absent: None 1.2. Register in advance for this webinar: https://us02web.zoom.us/webinar/register/WN—OrWQfmXPQNKhrKl MdNsXEg After registering, you will receive a confirmation email containing information about joining the webinar. Main Agenda 2.1. A request for the review of a Conditional Use Permit, pursuant to Section 20 min. 12-16, Conditional Use Permits, Vail Town Code, to allow Funiculars and other similar conveyances, a Conditional Use in the Two -Family Primary/Secondary (PS) District, located at 696 Forest Road/Lot 8, Block 1, Vail Village Filing 6, and setting forth details in regard thereto. (PEC20- 0024) Applicant: LSC 27 LLC, represented by Mauriello Planning Group Planner: Jonathan Spence 1. The applicant shall obtain DRB approval prior to making an application for a building permit. Planner Spence provided a short recap of the history of the application that the PEC has seen so far and introduces the applicants. Dominic Mauriello of Mauriello Planning Group does a presentation of the application and goes over the general CUP criteria for approval and the criteria associated with the Funicular Conditional Use. Kurz expresses his concern that the recreational facility was approved prior to the CUP application and almost requires approval of this funicular for the recreation facility to be usable. The area is ripe for funiculars due to location and could open the door for many more applications in the future. Why was this not included in the original application? Michael Suman says that it was originally proposed but was not included in the original application for approval because the code changes that needed to be approved before it was feasible. The DRB did review all of these items at one time but could not approve the funicular because of the lack of CUP in hand. Mauriello adds that funiculars were allowed as an accessory use up until 2008 and there were still only four built in the history of the town. The expense and practicality are not doable for a lot of these lots. Kurz expressed his concern about setting a precedent for the future. Mauriello adds that the Town approved of these in the future if criteria are met with the passage of the recent code change by Town Council. Suman pointed out that they must have a structure to access in order to meet the CUP criteria and a lot of the lots in the area don't have the space to add a structure. Lockman questions the location of the rec center to the bike trail in the area. Suman says the rec center is 50 feet below the bike trail. No public comment. Rollie Kjesbo moved to approve with conditions. Pete Seibert seconded the motion and it passed (6-1). Ayes: (6) Gillette, Kjesbo, Lockman, Perez, Pratt, Seibert Nays: (1) Kurz 2.2. A request for a recommendation to the Vail Town Council for a Prescribed 2 min. Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-23-6: Methods of Mitigation and Section 12-24- 6: Methods of Mitigation, Vail Town Code, to update the Payment of Fees in Lieu provisions of Commercial Linkage and I nclusionary Zoning, and setting forth details in regard thereto. (PEC20-0027) The applicant has requested this item be tabled to December 14, 2020. Applicant: Town of Vail, represented by George Ruther Planner: Rollie Kjesbo moved to table to December 14, 2020. Karen Perez seconded the motion and it passed (7-0). 2.3. A request for a recommendation to the Vail Town Council to establish a new 2 min. Special Development District, (Alura Vail), pursuant to Section 12-9-A Special Development (SDD) District, Vail Town Code, to allow for the development of 24 multifamily residential units in eight (8) buildings with associated site improvements, located at 1472 Matterhorn Circle/Vail Park Meadows Subdivision, and setting forth details in regard thereto. (PEC20- 0028) The applicant has requested this item be tabled to December 14, 2020. Applicant: Alura Vail LLC, represented by The Brown Studio Planner: Jonathan Spence Rollie Kjesbo moved to table to December 14, 2020. Karen Perez seconded the motion and it passed (6-0). Abstain: (1) Pratt 3. Approval of Minutes 3.1. October 26, 2020 PEC Results Rollie Kjesbo moved to approve. Brian Gillette seconded the motion and it passed (6-0). Abstain: (1) Pratt 4. Adjournment Karen Perez moved to adjourn. Brian Gillette seconded the motion and it passed (7-0). The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department Ad #: 0000644163-01 Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM Your account number is: 1023233 PROOF OF PUBLICATION VAIL DAILY STATE OF COLORADO COUNTY OF EAGLE I, Mark Wurzer, do solemnly swear that I am Publisher of the VAIL DAILY, that the same daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The VAIL DAILY is an accepted legal advertising medium, only forjurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 12/11/2020 and that the last publication of said notice was dated 12/11/2020 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 12/11/2020. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 12/11/2020. Jeri Medina, Notary Public My Commission Expires: August 19, 2024 JEN MFJJINA NOTARY NBl1C A CIF COLORADO Mqusf t& AL PLANNING AND ENVIRONMENTAL COMMISSION December 14, 2020,1:00 PM Virtual 7s S. Frontage Road - Vail, Caomdo, 51(35/ 1. Call to Order 1.1. Registerinadvanceto, ihiswebin- https://us02web.zoom.uslwebinar/regi..,/WN_Fk4ULivLT3mdOgZo]hM]SA Aft—glaNaing, you will revive a con6nmation emall containing Information about jdumng Me .,him,,. 1.2. Attendance 2. Main Agenda 2.1. A request for the review of variances from Section 1410-4-C, Archireolural Projections, Ded¢, Balconies, Steps, Day Windows, Etc., Val Town Code, pursuant to Section 12-17, Variances, Vail Town Code, to allow a deck more thanfivefeet %atbmeground level to protect more Man fNe""(5)InU, the required side est) setback, locatetl at 413 Gore Creek Dm,aA - 1-6, Block 4, Val Village Filing 1, and seting forth details in regard thereto (PEC20-0030) 30 mn. ,clic mit: Vail TrRaalia Chalets, represented by Mike Davina 2.2. AllrequestforarecommmdAdddudthe Vail Town Counciltoeste Aish a new Special Development Dietnct, (Alura Vail), Went to Soon- 12-9-A Spedal Development (SDD) Dlauld, Vail Town Code, to allow for the development of 24 multifamilyresidential units in eight (R) builtlingg witty associated site improvements, locoed at 1472 Mattethom CircleNai1 Pane Meadows SubdMsion, and -ling forth details in regard thereto. (PEC20- 0026) 2 min. The applicant has requested this Item be tabled. Applicant Alura Val LLC, represented by The Brown Studio Planner:Jonathan Spence est 2.3. A requfor a recommendation to the Vail Town Council for a Prescribed Regulation Amendment pure ant to Section 12-3-7 Amendment, Veil Town Cade to amend Section 12-23-6: Methods of Mitigation and Section 12-24 6: Methods of Millpbum"md, Vail Town Code, to upd—he Paymentof Feas in Lieu sregard theat, (PEC20-0027) 60ncluminnary Zoning, and selling forth detans in AApliwnt Town of Vail, represented by George Ruth, 3. Approval of Minutiae 3.1. November23,2D20 PEC Results 4. Adjournment The epplicetbns end lntormetlon about the proposals are avalleda Mr public inspection tluring gularnt- fice hours at Me Town o1 Vail Community Development Depadment, 75 South Frontago....'Road. The public is nvi[ad tp attend the protect orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of hams are approkimr-, subject to change, and cannot be relied upon to determine at whallime the Planning 'EmComr- eslon will innsider an item. Please call (970) 479-2138 for atltlitional information. Please call 711 for sign language terpretation 46 hour prior to meeting time. Community Development Department Published in the Vail Daily December 11, 2020. 0000644163 Ad #: 0000640106-01 THIS ITEM MAY AFFECT YOUR PROPERTY Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM PUBLIC NOTICE NOTICE IS HEREBY GNEN thatthe Planning and Your account number is: 1023233 Env holhapuhkhearnginaloc tlanceTWin ,onoo12 378, Vail Town Code, on December 14, 2WD at Wpm in Ne Town of Vail Municipal Building. PROOF OF PUBLICATION VAIL DAILY A request fa the review of variances from Section 14-1 O4 -C, Archhectura Projections, Dacks, Be-- es, Steps, Bay Windows, Etc., Vail Town Code, Pursuant to Section 12-17, Vadanoss, Vail Town Code, to allow a deck more than tive feet (5') STATE OF COLORADO bmregroundlevaltopr°ie°tmorethan fi1%. COUNTY O F EAGLE 4(5) into the required aide (east) setback, located at Fill, 1, 1,`antlsenWg toe t, diad In rcegarVail the eiltoge (PEC20-0030) I, Mark Wurzer, do solemnly swear that I am Publisher of Applicant: Vail Trails Chalets, represerded by Mlle Devina the VAIL DAILY, that the same daily newspaper printed, in Planner: Greg Roy whole or in art and published in the County of Eagle, P P `7 9 The applications and informati°naboutthe propos- ale are available for Wbllc inspection durin office hours at Ine Town of Vall Community Develop t State of Colorado, and has a general circulation therein; Dapndmeni, 75 South Frontage Road. The public i ad a attend sae mails. Pleasecal97DL79- that said newspaper has been published continuously and 2138 or via it—vailgov.coMplanning for addition - al IMo matlon. uninterruptedly in said County of Eagle for a of sig"lenguageinUrnotficatn vailablauponre- period questwith 24-hour nofifica I., dial 711. more than fifty-two consecutive weeks next prior to the Published November 27,2020 in the Vail Daly. first publication of the annexed legal notice or 000084D1o5 advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The VAIL DAILY is an accepted legal advertising medium, only forjurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 11/27/2020 and that the last publication of said notice was dated 11/27/2020 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 12/4/2020. /Ik..L&-d, Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 12/4/2020. Jeri Medina, Notary Public My Commission Expires: August 19, 2024 .IEN YFDIHA NOTARY NDUD A OF COLORADO Mquart&AL