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HomeMy WebLinkAbout2021-04-12 PECPLANNING AND ENVIRONMENTAL COMMISSION TOWN Of VA10 April 12, 2021, 1:00 PM Virtual 75 S. Frontage Road - Vail, Colorado, 81657 Call to Order 1. 1. Register in advance for this webinar: https://us02web. zoom. us/webi nar/register/W N_9dcxgkngSgi H-zHe8UX I Eg After registering, you will receive a confirmation email containing information about joining the webinar. 1.2. Swearing in of New Members 1.3. Attendance Present: Ludwig Kurz, Karen Perez, Rollie Kjesbo, Brian Gillette, Reid Phillips, Pete Seibert, Henry Pratt Absent: None Main Agenda 2.1. A request for the review of an amendment to a Conditional Use Permit, 60 min. pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to amend the approved conditional use permit to reflect an increase in student enrollment, located at 3000 Booth Falls Road/Lot 1, Vail Mountain School, and setting forth details in regard thereto. (PEC20-0026) Applicant: Vail Mountain School Planner: Jonathan Spence Henry Pratt and Reid Philips have children at Vail Mountain School. Seibert adds that he does not have a concern, but believes they have experience at the school which could be beneficial. Pratt says he will stay on for the application if there are no objections. Phillips says he will stay on if there are no objections and agrees that they have firsthand knowledge of the situation. Perez adds that she would like them to stay on for the conversation but not vote. Kurz asks if members are allowed to stay on and not vote. Planner Spence says that is not an option, its either all or none. Perez expresses concern of the appearance of impropriety but does not think they need to abstain. Pratt abstains and Phillips remains seated. Planner Spence gives some background on the application, the original CUP application, and the conditions with the original application. Specifically, #6 that requires the applicant come back if enrollment exceeds 300 students, which happened years ago. The main concern is the traffic that is associated with the increased enrollment and the issue that creates Jamie Walker, Michael Imperi, Kari McDowell, Kelly Young, and Scott Hunn are promoted from the applicant team to present. Imperi gives a short introduction on the school and introduces the team. The school has no intention to increase enrollment, add buildings, or anything else. This is just about changing the CUP number to match with current enrollment. They currently have around 440 students but put 470 in the application to give a cushion even though they have no intention of going above 450 students. Hunn thanks the Town Staff for their help to this point. The school and Town have a mutual interest in updating the CUP and fixing the traffic issue. The school is located in the GU zone district which has standards that are not applicable to this application. He highlights the criteria for the CUP and specifically the traffic related criteria. Walker goes over the timeline from August when it was brought up that the CUP needed to be updated. Goes over meetings with the Town and CDOT that took place to inform the process. Goes over the history of the school from 1962 to present and "Historical Enrollment Milestones". A growth chart that shows enrollment over the years is presented. Young goes over the community partners to the school who are allowed to use the facility in the school year and off season for free or reduced cost. The school allows the use of the lot for overflow skier parking on the weekend and overflow trail parking during the summer. She goes over the existing traffic management and the time frame of the peak traffic concerns McDowell Schroeder goes over their participation in the study of the traffic in the area. They show a diagram of the proposed traffic alignment of the frontage road that would help to resolve the issue. They still need to get with CDOT on what their requirements would be. They believe it would be beneficial to the school and the Town to do these improvements. Hunn proposes a few improvements, a crosswalk, and a School Zone. A potential speed study may inform the needed design of the area. The reason for the School Zone would be to reduce the speed and hence the length of the turn lanes, which amounts to cost savings. Imperi goes over considerations of what the impacts could be if they had to go forward with the turn lanes. Costs are a major concern for the school. A neighborhood meeting was held prior to today's PEC meeting with limited participation from neighbors. Kurz asks if Spence has anything to add. Spence points towards the staff report recommendation that the application be continued out to allow the applicant to do the studies and find out exactly what the requirements for the traffic improvements would be. Tom Kassmel, Town Engineer, joins the meeting and goes over some of the work they've done with the applicants. As the frontage road is owned by CDOT the Town has to abide by their regulations for design. The 45 mph speed limit in the area cause a lot of the cost issues. Dropping the speed to 40mph, would cut the turn lane length in almost half. CDOT has control over the speed on the frontage road. CDOT bases their decision on what current car speeds are now, not what the potential speed could be. There are numerous other factors that they consider as well. The largest consideration is what the 85th percentile of current car speeds. If the speed study is done, the result could be an increase in speeds as well. Imperi asks about speeds at the curves in the area. Walker asks about making an appeal to CDOT to lower the speed and if the Town would support that. Tom agrees, but appeal is the wrong term, it would be an application that would require a speed study regardless. I mperi asks for more time to do the appropriate studies Gillette asks what the trigger is for the turn lanes. Kassmel says it is the amount of traffic out there today. The turning counts on Booth Falls Road are the trigger. Gillette asks if they could stagger drop offs and pickups. Kassmel says that CDOT uses a peak hour metric, so they would have to be staggered outside of an hour to lower the numbers. He lists the numbers per hour that require turn lanes at 45 mph and 40mph, but either way the numbers are over those amounts, so a turn lane will be required. The turn lanes at 40mph are half the length as the turn lanes at 45 mph. He goes over the width of the lanes required and the space available on either side of the frontage road to accommodate those widths. Gillette asks if booth falls could be a right only. Kassmel answers that it would typically require a median in that area. Gillette thinks a right in/right out would make a lot of sense and reduce the congestion. Kassmel says the problem is also partly the backup from the queue for drop-off. The Town was hopeful that this could be designated a School Zone, but it is not up to the Town, it is up to CDOT and they have a process for that designation. CDOT has indicated that if it was a School Zone, they would still have to build the lanes to the speed of the through traffic, not the school zone speed. A variance would still be needed if a School Zone is granted. Kassmel outlines the reasons for asking for a continuation to perform all of the necessary studies and look at the different options. A timeline of 6-12 months would be necessary for review and design. Perez asks if school was in session in October of 2020 when the study was done? Was this done in a similar time that the Booth Heights study was done? Kassmel says they have looked at that study, and they did a traffic study this summer to capture the trailhead study and residential traffic. The school was in session when the October study was done. They can tell from those studies what the difference is between residential and trail traffic and what the school's impact amounts to. Spence asks Kassmel as to when he thinks it is appropriate to bring the PEC back into the conversation about the improvements needed. Kassmel says if the PEC wanted, they could conditionally approve the application with the knowledge that impacts will happen. If the PEC wants to know what the impacts are then they'll need to wait 9-12 months until the true impacts are known. Gillette proposes another possible design option that would mirror the look of the road out front of the grocery stores. There could be a lane for parking during busy times and would be available for skiers and hikers in the off season. Kassmel says he understands the request, but that the turn lanes would most likely be required regardless of the parking. The only reason there are not turn lanes now is that there has not been an application that required improvements. The previous site plan did not increase traffic above 20% so new improvements were not required to be put in. Philips asks about the traffic study that was performed and says it looks like they are barely above the 25 turns for 40mph for about a time of 15 minutes. Is it a full hour that is looked at? Kassmel says it is a peak hour, not a set time limit from 3-4 or similar. The best solution would be to get a school zone designation, then request a variance from CDOT to build the lanes to a 40mph design instead of 45mph. If the speed reduction occurred, that would be the best option, but hesitant that it is possible. I mperi questions why they have a sidewalk when there are not sidewalks along most of the frontage road in the area. Kassmel answers that it was in the transportation plan to add a bike path from the curve to bighorn road and Vail Pass. This was a segment of the path that will at some point be continued to the interchange. I mperi asks if the sidewalk going away is a non-starter? Kassmel answers that the masterplan would require the sidewalk be put back in place with any improvements to the road. Gillette thinks more parking would be a better variance to ask for than turn lanes, as we could use the additional parking while turn lanes would prohibit more parking. Kurz notes that Pratt recused himself due to the fact that he has kids enrolled in that school. Kurz lives in the area and was a member of Council when this was approved. He does not feel that he has a conflict in participating in this discussion. It sounds as if we have overall support that something needs to be done here but does not want to suggest outcomes and will leave that up to the professionals. Recommends that we move forward with CDOT, the School and the Town. Opens it up for Public Input. Kjesbo would like Spence to pull the minutes from the original approval. Kjesbo was on the PEC when it was approved and does not remember why turn lanes was not brought up. He believes turn lanes are inevitable and would strongly recommend we pursue a School Zone to reduce the length of the turn lanes. Glad that VMS reached out to the neighbors on this project. He thinks that Gillette brought up a good point on the parking. Spence would like the PEC to look at different designs after the studies are done. Thinks that an approval without knowing the effects is premature. Kjesbo agrees and would want to wait on approval. Penny Wilson lives on Bald Mountain road and would like to be included on the information and the considerations. They are impacted when trying to leave their neighborhood during peak hours. They would like the opportunity to comment as the process moves forward. John Picciotto also lives off Bald Mountain road and has concerns about how the conversation has revolved around the least impact to the school but would like to consider the impacts to the surrounding neighborhoods. The stakeholders need to include the general community in the decision-making process. Kate Scott has lived behind the mountain school for 25 years. She likes the idea of turn lanes as she is impacted by the traffic. She is not opposed to a reduction on the frontage road if it helps shorten the turning roads. Likes Gillette's parking idea but could result in more accidents due to speeds on frontage road. Wants the PEC to wait until they have all of the information to issue any approvals. No further public comment. Kurz heard the comment that the berm is necessary for safety but wants the school to reconsider that and think of other safety options that would be possible. The area the berm takes up would be valuable when looking at the possible design options. Imperi would like to see a conditional approval but knows the PEC would lean the other way. If they have a preference it would be conditional approval. Perez asks if there is a timeline to solve a conditional use permit violation. Spence answers that we do not have a set time, but that we want to see progress to remedying the situation. Perez asks for an update in a few months on the progress. Gillette asks for how many months they will get an update. Kassmel says six months would be a realistic goal. Brian Gillette moved to continue to a date uncertain with an update from staff in six months. Karen Perez seconded the motion and it passed (6-0). Abstain: (1) Pratt 2.2. A request for a review of a Floodplain Modification Permit, pursuant to 15 min. Section 14-6-6, Grading Standards, and Section 12-21-11, Flood Hazard Zones, Vail Town Code, to allow for grading and a modification within the Gore Creek 100 -year floodplain, for the realignment of the Gore Valley Trail, in the vicinity of the Lionshead Ski Yard, located at parcel (210107219003)/Tract B, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC21-0012) Applicant: Town of Vail, represented by Todd Oppenheimer Planner: Jonathan Spence Planner Spence gives an overview of the application and why it is necessary. There is no increase in the base flood elevation, but a map change is necessary. Gillette asks who determines that there is no negative impact downstream. Spence answers that a professional study is done that has that result found. Pratt asks if there is a greater risk of a washout with this pier in the floodplain. Kassmel says that there would not be a risk to a washout as the pier is designed to withstand a 100 year and 500 year flood event. The pier is not all the way in the floodplain either, just on the edge. No public comment. Rollie Kjesbo moved to approve. Brian Gillette seconded the motion and it passed (0-0). 2.3. A request for a review of a variance from Section 14-6-7, Retaining Walls, 2 min. Vail Town Code, to allow for a retaining wall in excess of six (6) feet in height and a variance from Section 14-10-4 Architectural Projections, Decks Balconies, Steps, Bay Windows etc., Vail Town Code, to allow an at grade patio and hot tub within the required 7.5' setback, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, located at 2945 Manns Ranch Road UnitA/Lot 4, Block 1, Vail Village Filing 13, and setting forth details in regard thereto. (PEC21-0013) The applicant has requested that this item be tabled to the April 26, 2021 meeting. Applicant: James Guy Cauthorn Trust, represented by Fieldscape Planner: Jonathan Spence Brian Gillette moved to table to April 26, 2021. Karen Perez seconded the motion and it passed (7-0). 2.4. A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4, 20 min. Minor Subdivisions, Vail Town Code, to clarify development standards stemming from annexation, located at 1637 Buffehr Creek Road/Lot 1, The Valley Subdivision Phase V, and setting forth details in regard thereto. (PEC21-0014) Applicant: 1637 Buffehr LLC, represented by Mauriello Planning Group Planner: Erik Gates 1. Prior to the submittal of any application for development on this property, the applicant shall have the approved final plat recorded with the Clerk and Recorder's office of Eagle County, Colorado. Planner Gates gives an overview of the project. This is not creating any new lots but adds a note to a plat to clarify zoning standards. The only change would be to allow a single family home to use 4400SF of GRFA on the lot since the PUD would only allow 2200 per unit. Dominic Mauriello of Mauriello Planning Group goes over the request and similar previous approvals. Perez asks for clarification on a statement from Dominic. Dominic goes over some of the other lots in the area and instead of going through the documents in the future to find the standards, they just wanted to put them on the plat. No public input. Rollie Kjesbo moved to approve with conditions. Brian Gillette seconded the motion and it passed (7-0). 2.5. A request for the review of a Development Plan, pursuant to Section 12-61- 90 min. 11, Development Plan Required, Vail Town Code, for a new housing development to be located at 129 North Frontage Road West/Lot 3, Middle Creek Subdivision Resub Lot 1, and setting forth details in regard thereto. (PEC21-0015) Applicant: Town of Vail, represented by Triumph Development Planner: Greg Roy This item and item 2.6 were heard concurrently. Planner Roy: Roy opened by stating that this was an introductory meeting and no vote for approval is being requested at this time. He then stated that a development plan, mobility management plan, and variance are required for this proposed project. Roy then explained the existing conditions of the site where currently the Children's Garden of Learning is found. Roy showed the proposed site plan with parking, the housing structure, and landscaping. He went through the development standards and how this project complied with them. Roy next went through the site plans and floor plans. Roy then described the required elements of a mobility management plan. Roy had a list of discussion items for the PEC as well. These related to the mass and scale of the development, the parking, amenities proposed, and the landscaping. The presentation was then turned over to the applicant. George Ruther (Housing Director): Ruther started by describing the history of the proposal and how this development came to be proposed on this site. He explained that housing is a major issue with the town and that the town has partnered with Vail Home Partners in order to address this issue. In 2017 the Vail Town Council adopted the Strategic Housing Plan. A major component of this was to create 1,000 new deed restricted housing units by 2027. He described many of the objectives of this plan and how this project was advancing those goals. He pointed out that this development is only a step in the direction of meeting the Town's housing needs. The goal of this meeting is to receive feedback and concerns from the PEC and to take some time to address the comments, with the intent to return at the next PEC meeting. Mike Foster (Triumph Development): Reiterated the intent to use this meeting as an introduction to the project. The project is 100% deed restricted. Foster then went into the existing conditions and development proposal in detail. The proposal is to access the site through the same entrance that is there today. I n reference to the variance for development on steep slopes, he stated that the applicant did not believe it would be a grant of special approval due to the fact that most developments in the area have also had to develop on steep slopes. Foster described the proposed units and floor plans in detail. Units include 2 bedroom/1 bath units, 2 bedroom/ 2 bath units, and 1 bedroom/ 1 bath units. He next described some concern the Fire department had, largely related to fire truck maneuverability, and how they can be addressed. Will Henschel: Spoke to the architecture and design references for the project. Hentschel talked about the grade map for the middle creek development and how the benches on that site influences its development. Also spoke about other nearby employee housing developments such as Solar Vail and First Chair, and then discussed how their designs are similar to what is proposed for Lot 3. Hentschel discussed the livability of the units themselves and amenities on site. Chairman Kurz: Asked if the 2 bedroom/ 1 bath unit type was relevant today. Hentschel: Stated that it was still viable and that he had recently worked on a successful project in Montana with a similar setup. Kurz: Asked if there was only one elevator in the middle of the building. Henschel: Stated that there was and stairways at the ends of the building. Kurz: Expressed some concern with this and felt that it was very minimal. Asked a question about how the underground parking would deal with exhaust. Henschel: Stated that the covered parking was open and should have good venting. This will be addressed further at the building permit stage. Kurz: Stated that he wanted a management plan for the parking. Foster: Stated that this would be present in the next meeting. Commissioner Gillette: Reiterated that there would need to be good evidence that the proposed level of parking could address the needs of the property. Wants to see data on any car sharing plan. Also wants to see a little more evidence on how this project matches the massing of other projects like Middle Creek and First Chair. Commissioner Kjesbo: Stated that he likely won't have any issue with the variance. Asked about traffic impacts to the frontage road. Stated that while Middle Creek is 7 stories, it doesn't look like it due to clever massing. Stated that this project doesn't seem to achieve a similar effect. Thinks that the proposed parking is compromising too much. Commissioner Seibert: Also spoke to the comparison to Middle Creek making this proposal look more imposing than that development. Also expressed concerns with the proposed parking. Commissioner Pratt: Thinks the variance is justified. Wants to see what a proposal that encroaches into the setback would look like. Brought up a public comment that disputed the parking count that was done at Middle Creek and wanted the applicant to respond to that. Had a concern with the snow storage stating that the snow would likely be pushed onto town property and asked if the town was ok with that. Commissioner Perez: Also had concerns with the proposed parking. Stated that other housing developments had bus stops right in front of their development. Also stated that in breaking up the massing as has been suggested to see if there would be an opportunity to add more housing. No public comment Gillette: Asked about a wildlife study for this site. Planner Roy: Stated that one was not required due to a wildlife study having been conducted for the Children's Garden and Middle Creek. Gillette: Stated that he would like one. Ruther: Stated that the planning Administrator hadn't required one but would do one if requested by the PEC. Gillette: Stated that even running the EI R from the current development by Colorado Parks and Wildlife (CPW) would suffice. Matt Gennett: Stated that he had reached out to CPW and they had agreed with his determination. Gillette: Wants some kind of review of the existing environmental report from CPW to make that determination. If there is already a report from Middle Creek, then put that in this application if CPW agrees that it is still applicable here. Kurz: Expressed agreement with staff's determination that report is not needed. Pratt: Wants to see how the introduction of dogs would change the environmental study and impact. Commissioner Philips: Expressed some concern with asking for an environmental report on infill development sites. Wondered about what kind of president that would set for future projects. Stated that Booth Heights was a very different project. Gillette: Stated that, again, he would be ok with the previous report being added to the record for this application if CPW agrees. Seibert: Expressed agreement with Kurz and Phillips' comments on the environmental matter. Planner Spence: Asked if the PEC would be requesting any revisions or additional material for the next PEC meeting. Kurz: Stated that he would not need anything new. Perez: Heard from the board that they would want a more in-depth parking management plan, more detail and justification on massing and architecture, and the inclusion of the existing wildlife management plan from the Middle Creek Development Approval. Brian Gillette moved to continue to April 26, 2021. Karen Perez seconded the motion and it passed (7-0). 2.6. 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 129 North Frontage Road West/Lot 3, Middle Creek Subdivision Resub Lot 1, and setting forth details in regard thereto. (PEC21-0016) This item will be heard with PEC21-0015. Applicant: Town of Vail, represented by Triumph Development Planner: Greg Roy See minutes from item 2.5. Brian Gillette moved to continue to April 26, 2021. Karen Perez seconded the motion and it passed (7-0). 2.7. A request for a recommendation to the Vail Town Council for a Prescribed 60 min. Regulations Amendment pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to amend Title 11, Sign Regulations, Vail Town Code, in order to reduce content based regulations following the US Supreme Court ruling in Reed v. Town of Gilbert and accompanying changes, and setting forth details in regard thereto. (PEC20-0032) Applicant: Town of Vail Planner: Erik Gates Planner Gates re -introduced the project and provided an update on questions and concerns expressed at the previous meeting. Gates detailed the background research, outreach, and upcoming reviews by DRB. Gates also talked about the consolidation of certain sign categories and the desire to not alter the signage allotted to individual businesses. Gates discussed the proposed changes to temporary signs including a reduction in sign size and frequency. Gillette offered an idea to require temporary signs to be removed at night. Gates talked about the minimal changes to allotment that would occur with the proposed changes. Additional signage for bowling alleys and movie theaters was discussed including the history of signage for these uses. Gates discussed window signs and changes that occur with the removal of content based sign regulations (hours of operation etc.) Pratt asked about the signage at the welcome center and ski museums where there a window display boxes. Gates stated that he would look further into the approval for these locations. It is possible they were approved through a development plan and were a unique situation. Residential nameplate signs and the minor changes proposed was presented including minor changes to residential directory sign. Construction sign changes were presented. A discussion on appropriate size with a request to reduce the size to 8 square feet in all zone districts. Open house signs were discussed. Gates presented the existing regulations and the proposed changes. Pratt mentioned the content component of the restriction. No public comment. Rollie Kjesbo moved to continue to April 26, 2021. Brian Gillette seconded the motion and it passed (7-0). 3. Approval of Minutes 3.1. March 22, 2021 PEC Results Brian Gillette moved to approve. Pete Seibert seconded the motion and it passed (6-0). Abstain: (1) Phillips 4. Adjournment Brian Gillette moved to adjourn. Pete Seibert 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/webinar/register/WN 9dcxgkngSgiH-zHe8UXIEg 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: Swearing in of New Members 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: April 12, 2021 ITEM/TOPIC: A request for the review of an amendment to a Conditional Use Permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to amend the approved conditional use permit to reflect an increase in student enrollment, located at 3000 Booth Falls Road/Lot 1, Vail Mountain School, and setting forth details in regard thereto. (PEC20-0026) OTTOCHMFNTS- File Name Description PEC20-0026 Staff Memo (continueing).pdf Staff Memorandum Attachment A. Vicinity Map.pdf Attachment A. Vicinity Map Attachment B. Applicant Narrative (includes traffic turn lane analysis) Attachment B. Applicant Narrative (includes traffic turn lane analysis), March 2021.0 March 2021 TOWN OF VAIL ` Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 12, 2021 SUBJECT: A request for the review of an amendment to a Conditional Use Permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to amend the approved conditional use permit to reflect an increase in student enrollment, located at 3000 Booth Falls Road/Lot 1, Vail Mountain School, and setting forth details in regard thereto. (PEC20-0026) Applicant: Vail Mountain School Planner: Jonathan Spence SUMMARY The applicant, the Vail Mountain School (VMS), is requesting the review of an amendment to a Conditional Use Permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to amend the approved conditional use permit to reflect an increase in student enrollment, located at 3000 Booth Falls Road/Lot 1, Vail Mountain School. In recognition of the project's status and a need for the Planning and Environmental Commission to review conceptual plans for the proposed improvements, Community Development Department recommends continuing this application to the May 10, 2021 regularly scheduled meeting. II. DESCRIPTION OF REQUEST The applicant, the Vail Mountain School (VMS), is requesting the review of an amendment to a Conditional Use Permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to amend the approved conditional use permit to reflect an increase in student enrollment. In 2000, the Planning and Environmental Commission approved a Conditional Use Permit for the new VMS campus to be constructed on its exiting property, supplemented by a land contribution form Vail Resorts (site of the employee housing to the east of Katsos Ranch Road. Included in the conditions of approval was Condition #6 that stated: "6. If future student enrollment exceeds 330 students, the applicant will be required to appear before the Planning and Environmental Commission again for a revised conditional use permit." It appears from the information provided by the applicant that the enrollment exceeded 330 students beginning in the 2006-2007 school year and has continued to exceed that number to the present. Enrollment for the last five (5) years has plateaued and remained consistent in the 420-440 student range. Staff has met with the applicant's team over the last few months to discuss the outstanding condition and appropriate steps forward. As the school campus itself has been operated successfully over the last fifteen years in excess of the 330 student limitation mentioned in the condition of approval, the applicant and the town have agreed that the ramifications of the condition related solely to access and transportation. VMS believes that an enrollment of 470 students is possible without any changes to the existing campus, other than access improvements. Many in the Booth Falls neighborhood and the community at large have experienced traffic congestion on the Frontage Road during peak drop off/pick up times. At the recommendation of the town engineer, the applicant has undertaken a study on possible turn lane improvements. This study is included in the applicant's narrative. The installation of the following improvements are recommendations of the study: • Eastbound North Frontage Road to northbound Booth Falls Road left -turn deceleration lane. • Combined westbound North Frontage Road to northbound Booth Falls Road right turn deceleration lane and southbound school parking lot exit to westbound North Frontage Road right -turn acceleration lane. • Southbound school parking lot exit to eastbound North Frontage Road left -turn acceleration lane. • Frontage Road right -turn acceleration lane. Please see pages 29-53 of Attachment B. for additional information and diagrams concerning the addition of turn lanes to this intersection. Also discussed with the applicant's team is the possibility of obtaining a school zone along the North Frontage Road in the vicinity of the school. The school zone designation will have an effect on the design and extent of the recommended improvements. Although supportive of this approach in principal, Public Works performed an initial speed study whose results indicate that the chances of a successful application through CDOT are low. Town of Vail Page 2 Due to the required turn lanes and the potential widening of the Frontage Road from 2 lanes to 4 lanes, or 36' wide to 60' wide, the improvements will likely have the following impacts: • Extension of Middle Creek culvert to the north to accommodate the widened road section • Relocation of the existing sidewalk 8'-20' to the north, depending on how much widening can be approved towards 1-70 • Narrowing/removal of the landscape berm by the same 8'-20' in width (the berm is currently 37'-40' wide), likely requiring a wall to retain the remaining portion of landscape berm unless it is lowered substantially Due to the extent of the impacts associated with the road widening and the inclusion of turn lanes, staff is recommending that this item be continued to the first PEC meeting in May. May 10, 2021, to provide the applicant's team sufficient time to prepare schematic civil plans that will demonstrate the true impacts. Further staff analysis will accompany these plans at the proposed May meeting. It is anticipated that the Town of Vail will be requesting that the yet to be finalized improvements be installed prior to November 1, 2022. A vicinity map (Attachment A.) and project narrative including turn lane analysis (Attachment B. are included with this memorandum for review. III. BACKGROUND On April 24, 2000, the Vail Mountain School received approval for a development plan and a conditional use permit for the expansion of the school facilities, including eight Type III employee housing units. It is this approval that Condition #6 was attached to. On August 12, 2002, the Vail Mountain School was granted approval for the following: • Rezoning three parcels to General Use to allow for consolidation, • Amending the Town of Vail Land Use Map, • Amending the development plan and Conditional Use Permit to allow for temporary classroom structures, • A conditional use permit to allow the construction of eight Type III Employee Housing Units, • A conditional use permit to allow for temporary modular classroom structures, • A recommendation to the Vail Town Council to modify the official Town of Vail Rockfall Hazard Map, and • A major subdivision. The Vail Mountain School Master Plan involved significant improvements constructed in three separate phases. Town of Vail Page 3 IIF/ 2003-04: Soccer field constructed, and cabin relocated. 2004-05: Eight faculty housing units and the eastern half of the new school building constructed. 15 parking spaces were proposed with the development of Vail Mountain School's faculty housing, but due to neighborhood opposition, the additional parking was omitted from the final development proposal. The only approved parking for this site was for the faculty housing, which included eight enclosed parking spaces and eight unenclosed parking spaces. Since the development of the site, it has served as informal overflow parking for employees of the school. The existing lot can accommodate nine vehicles parallel parked along the south edge of the pavement. 2005-06: Original building, gymnasium, and temporary classroom buildings demolished and removed, making way for the western half of the new school. Landscaping planted and parking lot constructed. In September of 2005 the new building was dedicated as the new Vail Mountain School. The last amendment to the Conditional Use Permit for the Vail Mountain School occurred in 2014, when approval was granted for the addition of a 1,040 square foot greenhouse and an increase to the Employee Housing parking lot. APPLICABLE PLANNING DOCUMENTS CHAPTER 12-16: CONDITIONAL USE PERMITS (in part) SECTION 12-16-1: PURPOSE; LIMITATIONS.- In IMITATIONS: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a Conditional Use Permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for Conditional Use Permits shall be denied. V. SITE ANALYSIS Address: Legal Description: Zoning: Land Use Plan Designation Town of Vail 3000 Booth falls Road Vail Mountain School Subdivision General Use (GU) District Public/Semi-Public Page 4 Current Land Use: Hazards: Public and Private Schools None VI. SURROUNDING LAND USES AND ZONING Existing Land Use North: Medium Density Residential South: CDOT Frontage Road East: Medium Density Residential West: Greenbelt/Park VII. REVIEW CRITERIA Zoning District Two -Family Residential None Two -Family Residential Natural Area Preservation Staff has provided a preliminary analysis of the project below. Further refinement may occur upon the submittal of additional requested information. Before acting on a Conditional Use Permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. Staff finds the proposed amendment to the Conditional Use Permit is consistent with the goals and objectives of the Vail Land Use Plan. Specifically, the proposed amendment to the Conditional Use Permit maintains controlled growth; accommodates additional growth in an existing developed area; and allows services to keep pace with the growth of the community. Additionally, Staff finds the proposed amendment to the Conditional Use Permit is consistent with the purposes of the General Use District as outlined in Section IV of this memorandum. The proposed turn lane improvements will address existing challenges faced by those accessing the school and also the general public when traversing the area via the Frontage Road. The Community Development Department finds this criterion to be met. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facility's needs. The existing enrollment numbers have demonstrated over the years that with the exception of transportation, enrollment has not had any effect on those items listed within the criteria. The Community Development Department finds this criterion to be met. Town of Vail Page 5 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. The turn lane improvements as outlined in the included analysis will greatly improve the functionality and safety of the Frontage Road/Booth Heights Road intersection and will allow motorists not visiting the school to largely avoid the congestion that currently exist during peak drop off/pick up hours. The Community Development Department finds this criterion to be met. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The proposed amendment to the existing conditional use permit addresses the principal effect of the increased enrollment. No additional buildings or other improvements are proposed. The Community Development Department finds this criterion to be met. 5. Such other factors and criteria as the commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this title. The Community Development Department has determined that an environmental impact report is not required for this proposal. VIII. RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission continue PEC20-0026 to the May 10, 2021 meeting. IX. ATTACHMENTS A. Vicinity Map B. Applicant Narrative (including traffic turn lane analysis), March 2021 Town of Vail Page 6 7 �� N O �x Vail Mountain School Conditional Use Permit Application March 2021 Application Form 3 Disclosure of Ownership and Consultants 4 Applicant & Owner 4 Legal Description 4 Vicinity Map 5 Introduction 6 Background 7 Description of Use 7 History 7 Enrollment 9 Community Partnership 10 Site 11 Preliminary Building Plans 11 Additional Materials 11 List of Adjacent Property Owners 12 Zoning 12 Criteria for Review 13 `a Application Form Case No: PEC20-0026 Description of work: Update a Conditional Use Permit for increased enrollment Planning Type: Planning & Environmental Commission (PEC) Parcel number: 210102306001 Case Address: 3000 Booth Falls Road, Vail Schedule number: R055197 Owner Name: Vail Mountain School . • . Overview of Request and Background Information Disclosure of Ownership and Consultants A. Applicant & Owner Vail Mountain School 3000 Booth Falls Road, Vail, Colorado 81657 Michael Imperi, Head of School Kelly Young, CFO Application prepared by Vail Mountain School Consulting Planner Hunn Planning and Policy LLC P.O. Box 6265 Eagle, CO 81631 970-343-2161 Scot Hunn, AICP B. Legal Description VAIL MOUNTAIN SCHOOL Lot: 1 (parcel number 2101-023-06-001) Vicinity Map The plan view vicinity map above shows the Vail Mountain School campus located within the Booth Falls neighborhood with Interstate 70 to the south. ;}A The plan view vicinity map above is a close up of the campus as it sits between Booth Falls Road to the west and Katsos Ranch Road to the east and faculty housing to the east of Katsos Ranch Road. The Frontage Road is on the south side of the campus. 5 •'ti i' Introduction Vail Mountain School is proposing an amendment to its Conditional Use Permit in the General Use Zone District to allow for higher enrollment at the campus at 3000 Booth Falls Road. The current CUP, approved in 2000, allows for 330 students. The proposed amendment adjusts the allowed student enrollment - from 330 to a possible 470 students - to reflect current numbers and potential nominal growth of the student population. The following application is organized to follow the Town of Vail Title 12, Chapter 9 Zoning regulations and Chapter 16 Conditional Use Permits. This application does not propose changes in the use of the property or to the site design. For reference, a map of the site is provided below. Fiortage Road .�V The school will be requesting an official School Zone designation from CDOT on the Frontage Road and a permanent cross walk on Booth Falls Road from the sidewalk at the driveway entrance. Background C. Description of Use Applicant Response History Vail Mountain School is the only independent, co-educational, college preparatory school for students in kindergarten through twelfth grade in Eagle and Summit Counties. VMS is accredited by the Association of Colorado Independent Schools and a member of the National Association of Independent Schools. The school is proud of its continued reputation for excellence in education and placing its graduates in colleges and universities ranked among the top in the country. At each grade level, teachers are acutely aware of the developmental stages and needs of students. Age-appropriate curriculum is designed for each level while maintaining a focus on elements of both academia and character enhancement. Students are encouraged to be independent in their contribution to the well-being of their school, their classmates, and the community. ►A VMS strongly believes that its graduates are prepared to contribute and succeed in an increasingly complex and demanding world. Importantly, while VMS graduates represent the school and the Vail community all over the globe, many VMS graduates remain in or return to the Vail community following graduation, choosing to pursue careers and raise their families locally. Vail Mountain School's roots are closely intertwined with the Town of Vail and its namesake ski area. Originally called Vail Country Day School (VCDS), VMS began serving an inaugural group of four students in 1962. Notable milestones include the following: 1962-63 After a county school bond that would have provided funds to establish a public school within Vail was twice defeated, and with no other school in Vail, parents Jack Tweedy, Betty Seibert, and Barbara Parker form Vail Country Day School with Allen Brown as its first teacher. The first classes were held October 15, 1962, around the dining table of Betty and Peter Seibert. Mid -year, VCDS moves to The Lodge of Vail after its construction is completed. 1966-67 The Town of Vail is incorporated. VCDS parent Ted Kindel becomes the first mayor of Vail. Over the next decade, the school grew and moved, among other places, to the Vail Fire House, the Tivoli Lodge, and the Lionshead Gondola Building. In 1973, Vail Country Day was renamed Vail Mountain School, and the next year, the school moved to Minturn. The inaugural class of four students graduated in 1976. 1978-79 Construction of the Booth Creek facility began in May on a multi -acre parcel donated to the school by Vail Associates. The project is designed by architect Gordon Pierce and built by developers Bob Lazier, both of whom were VMS parents and board members at the time. The school graduates eight seniors, all of whom will enter college in the fall. This milestone represents a continued commitment to a college preparatory curriculum. 1979-80 Despite opening a week late, the new VMS building was constructed in record time during a single summer recess. 107 students attended grades one through twelve at the new campus with eleven seniors graduating in May. 1980-81 Exterior restoration of the Headmasters Cabin, which was built in 1906, is completed with the guidance of Edna Baldauf Norgaard who spent her childhood there. Norgaard is awarded an honorary diploma at graduation. VMS was granted membership in the Association of Colorado Independent Schools (ACIS). 1984-85 Kindergarten returns to VMS with a class of twelve. A campus expansion houses a kindergarten classroom, math center, computer lab, conference room, and kitchenette. 1989-90 VMS Campus Center was built, expanding the Booth Creek facility. The center includes a gymnasium, locker rooms, and a stage for performing arts. Enrollment reached 180 students taught by twenty-one teachers. 1992-93 The building is expanded with the addition of a third level adding classrooms, offices and study space. 1995-96 The school's library was expanded with total volumes reaching 10,034 in May. 1996-97 VMS launches SummerQuest, an outreach program for middle school students in Eagle County Public Schools who have been identified as talented and in need of additional academic support. SummerQuest continues to this day. 2002-03 The $26 million Imagine" Capital Campaign was launched by VMS to fund a completely new campus at the existing location. Vail Resorts donates the land east of Katsos Ranch Road for faculty housing. Ground was broken on the new facility in April 2003. 2005-06 Construction was completed on the new 92,000 -square foot building which was dedicated on September 23, 2005, marking the completion of phase three of construction, including a new kindergarten room, dining room, gymnasium, and playground. 2009-10 VMS reached the milestone of awarding more than $1,000,000 in need -based tuition assistance to a total of 26 percent of the students. 2012-13 The Town of Vail, Vail Mountain and Vail Mountain School celebrate their 50th anniversaries. 2014-15 Vail Mountain School adds a greenhouse to campus that creates a living -learning laboratory enhancing the science curriculum for all divisions. Enrollment Since the early days, the school's enrollment, like the population of the Vail Valley and Eagle County, has steadily increased with only a few years seeing dips in its student population. When the new campus opened its doors in 2005, 315 students were enrolled. In the intervening 15 years, the enrollment increased to 441 students, plateauing after the Great Recession, then again leveling off over the last six years. As Vail and the communities west of Dowd Junction grew, so did the demand for a VMS education. Vail Mountain School's campus growth, both its physical building and programming, was a natural evolution of the enrollment growth. As the student body grew so did the number of students on financial assistance. As of the 2020-21 school year, over 25 percent of the student body received financial assistance with over a quarter of the student body being from Vail. A graph of the school's historical enrollment is below. VMS Historical Enrollment 500 400 300 E 200 100 . 439432431431429 441 90 6 6 65 O 61 O 0D' '10A" All 1 5 �O 11 10 A" qp O� 92" �^' 0C' Oh OO 1 OO �°' O0 A� O� 0 4' 9 O 91 , A OO 99 O, d, oA O� On' �O O4 OO oOo9 ,�O 41 N, ,A Nb '.`S ,�h ,�h ,��° 9�A6^,��i°��9,�91�A�^,�91ry Community Partnership Vail Mountain School has a long history of permitting other nonprofit and public organizations to use its campus when school is not in session including, but not limited to, Bravo! Vail Valley Music Festival, Vail Vail Valley Dance Festival, Vail Film Festival, the Vail Lacrosse Shootout Tournament, Vail Symposium, Vision Box, Vail Valley Veterans, Teton Gravity Research, Vail Recreation District, Vail Film Festival, TedX, and numerous soccer organizations. Vail Mountain School also authorizes the use of its parking lot for overflow parking for the Booth Fall Trail during the summer and weekends and skier parking over the weekends iN during the winter, thereby easing traffic and parking congestion for public users of Vail's amenities. D. Site Applicant Response Located at the intersection of Booth Falls Road and the Frontage Road, Vail Mountain School sits on relatively flat 7.985 acres with eight faculty housing units east of Katsos Ranch Road on an additional 1.194 acres. The campus comprises the main building containing classrooms, offices, gymnasium, dining room, common, theatre, library/media room, art rooms, computer and tech -innovation labs. On the northwest corner of the property sits a hundred -year-old homesteaders cabin which is used for special events and houses additional office space. Additionally, there is a regulation sized turf soccer field, playground, and two parking lots on the main parcel. The parking lots for the cabin (12 spaces), faculty housing (24 spaces) and the main parking lot (89 spaces) accommodate vehicles for all faculty/staff, twelfth -grade students and guest parking. E. Preliminary Building Plans Applicant Response Vail Mountain School's building(s) already exists. No additional buildings are being proposed at this time. F. Additional Materials Applicant Response The applicant attended a video conference meeting with Scott Robson, town manager, Patty McKenny, assistant town manager, Matt Gennett, community development director, Tom Kassmel, engineer, and Greg Hall, town engineer, Tuesday, August 11. This meeting was held to inform the applicant of the need to update the Conditional Use Permit to reflect growth in the student population as the current conditional use allows for 330 students. Subsequently, the applicant attended a pre -application meeting with Town of Vail staff (Matt Gennett, community development director, Tom Kassmel, engineer, and Jonathan Spence, planning manager) Thursday, August 27. The outcome of the meeting was town staff confirming a required traffic study. It was also confirmed that an environmental impact report would not be needed. is Vail Mountain School hired McDowell Engineering, a traffic and engineering firm, to conduct a traffic count and subsequent traffic study. The findings are described below under Review Criteria. An important outcome of subsequent meetings with both the Town (Nov. 9 and Dec. 10) and Colorado Department of Transportation (Nov. 17) is the mutual interests and responsibilities to further evaluate the scope of potential traffic improvements by conducting a speed study. Determinations from a speed study will inform the need for, scope and design of potential road improvements. Traffic counts during the summer months when school is not in session to determine town -generate traffic to the Booth Falls Trailhead were also discussed. Additionally, the school will be submitting an application to CDOT for a School Zone designation in the coming months. Since being made aware of the need to update the Conditional Use Permit, the school has worked in partnership with the Town to diligently complete the necessary studies and application for Planning and Environmental Commission review. G. List of Adjacent Property Owners A list of adjacent property owners is attached under Appendix A. Title 12-9C GeneralUse District Overview of the General Use District as it applies to the application. Zoning Vail Mountain School is located in a General Use (GU) Zone District. The purpose of the GU District is as follows: "12-9C-1 Purpose The general use district is intended to provide sites for public and quasi -public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. The general use district is intended to ensure that public buildings and grounds and certain types of quasi -public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, iM air, open spaces, and other amenities appropriate to the permitted types of uses. (Ord. 29(2005) § 28: Ord. 21(1994) § 10)" In the general use district, development standards in several categories (lot area and site dimensions, setback, building height, density control, site coverage, landscaping and site development, and parking and loading) shall be as prescribed by the Planning and Environmental Commission during the review of the Conditional Use Permit. However, Vail Mountain School is not proposing any changes (physical, programmatic or use -related additions or enlargements) subject to the development standards; rather, the school merely seeks to amend the CUP to reflect the current and potential student enrollment numbers based upon the Vail Mountain School campus master plan for build -out that has previously been reviewed and approved by the PEC during the 2000 Master Plan. Criteria for Review .. - • . Responses to criteria for Conditional Use Permits Section 12-16-6: Criteria; Findings, Vail Town Code, outlines the criteria the planning and environmental commission shall consider concerning the proposal. The following are the criteria and the applicant's responses. . Reiationsnip and impact of the use on development objectives of the Town. Applicant Response The continued use of the Vail Mountain School property for private educational uses is within the purposes of the General Development District, which sets forth an intent to "...ensure that public buildings and grounds and certain types of quasi -public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses." The school site is historic, appropriately located, and has been designed, developed and improved over five decades to meet the needs of Vail residents as well as the larger community. Through careful planning and permitting, the design, placement and use of structures within the VMS campus harmonize with and complement to the highest extent surrounding development in the Primary -Secondary residential zone district. The VMS campus provides ancillary benefits to the public through the provision of parking open to the general public at times when the school is not in use. 13 Further, the Town of Vail Land Use Plan, adopted in 1986 and updated in 2009 includes the following goals and objectives that apply to this application. 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. VMS is the only independent, co-educational, college preparatory school for students in kindergarten through twelfth grade in the region and has been developed over the last 58 years in compliance with the purposes of the General Use Zone District. The school's Booth Falls location has allowed for modest growth and development of the site in a logical, demand -based manner. The school was founded out of necessity to serve the local residents of a burgeoning town and ski resort; this tradition continues as do the school's commitments to serve local residents and to continually work in partnership with the Town of Vail to achieve the purposes of the General Development District, thus providing a critical service to the Town and surrounding areas. The General Use Zone District identifies the VMS property as being appropriate for "Public/Quasi-Public" uses, inclusive of "schools, post office, water and sewer service and storage facilities, cemeteries, municipal facilities, and other public institutions, which are located throughout the community to serve the needs of residents." Allowing for enrollment numbers to grow into the school campus and facilities - as they were designed - and, therefore, to accommodate an ongoing demand by an increasingly diverse demographic cross-section of the Vail community and the wider Eagle River Valley, all in search of the unique learning opportunities provided at VMS, fits squarely within the development objectives and the purposes of GU Zone District by serving the needs of the community and its residents. Additionally, as part of the "Vail 20/20 Focus on the Future Strategic Action Plan" vision and implantation actions/strategies for the economy, "the Town supports working with economic partners such as Vail Mountain School to maintain strong relationships with the Town's largest economic contributors" while furthering and strengthening community diversity goals by retaining and recruiting community institutions such as VMS. Furthermore, Vail Mountain School has played a supporting role in Vail Health's recruitment of doctors and other health professionals as the hospital and its partners, The Steadman 14 Clinic, Vail -Summit Orthopedics, Colorado Mountain Medical and Howard Head Sports Medicine among others, sought to recruit highly qualified professionals whose children attend VMS, thereby allowing the hospital to expand its patient services and continue to be a significant economic contributor to the valley. Finally, Vail Mountain School has a long standing relationship with the Town of Vail and as mentioned above offers its campus to organizations that provide economic, cultural and recreational benefits to the wider community. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Applicant Response The continued properly managed use of the Vail Mountain School property for private educational uses serves the community by retaining and/or attracting families to relocate within the Town of Vail who seek high quality private K-12 educational experiences. The approval of this CUP amendment may have positive impacts or effects on the distribution of population locally, while incremental increases in enrollment based on demand will likely have a negligible impact on surrounding parks, recreational and other public facilities. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. A. Automotive and pedestrian traffic safety and convenience Applicant Response Students arrive at school and depart through a carpool system. Parents and students who drive to and from school are expected to do so with the safety of all in mind. The only drop-off and pick-up area for students is through the school parking lot. To maintain a good relationship with the Town and school neighbors, parents and students are asked to not use the Town of Vail bus stop, Katsos Ranch Road, Frontage Road, or the Cabin for drop-off or pick-up. Similarly, parents are asked to not park on these roads except during pre -announced school sponsored events during which the school receives parking variances from the Vail Police Department and implements specific protocols associated with the variance. The variances are typically only for a few hours per occasion. The speed limit is five miles per hour in the parking lot and the traffic pattern is one way from west to east. There are three lanes of traffic, marked 1, 2 and 3. There is W no parent parking in the lot on school days before 8:20 a.m. as the morning carpool begins at 7:45 a.m. and school officially begins at 8:15 a.m. Parking is permitted in available spaces or as directed by the school. Afternoon carpool officially begins at 3:15 p.m. Teachers and staff are assigned traffic/carpool duties in both the morning and afternoon to help carpool run smoothly. Additionally, there is a sidewalk on the north side of the school parking lot as well as a sidewalk/bike path south of campus on the north side of the Frontage Road. A crosswalk and speed table are near the school's entrance for students to safely cross through traffic to the bus stop. Traffic accident records for Booth Falls Road and Frontage Road from 2004-2020 were compiled. Since occupying the new building in 2005, there have been three vehicle accidents that may have involved parties related to the school, but their association could not be confirmed. The school will be requesting that the section of the Frontage Road in front of the school be designated as a School Safety Zone by CDOT and a permanent crosswalk is established on Booth Falls Road by the Town. B. Traffic Flow and Control Applicant Response The Town of Vail requested Vail Mountain School provide a traffic study with this CUP application. The school retained McDowell Engineering, LLC to conduct a traffic study in early fall. The report, inclusive of traffic counts and turn lane analysis showing existing (background) vehicle trips as well as anticipated (modeled) vehicle trips at peak hours based on projected enrollment numbers, is provided under Appendix B. A summary of the report is provided below. • Existing Conditions - The North Frontage Road is a two-lane roadway that parallels the north side of 1-70 and parallels the south side of the school property. The exit -only access from the school's main parking lot connects to North Frontage Road midway between Booth Falls Road and Katsos Ranch Road. - Booth Falls Road is the main access to the VMS campus. It also serves a residential neighborhood and the Booth Creek Trail and Booth Falls trailhead. - Katsos Ranch Road is the access to the VMS faculty parking lot and housing. It also serves a residential neighborhood. X11 - Existing turning movement counts were collected for the three intersections on Friday, September 4, 2020. Turning movement counts were collected from 7 to 9 a.m. and 2:30 to 4:30 p.m. The inbound morning peak occurred from 7:40 - 8:40 a.m. The afternoon peak occurred from 2:45 - 3:45 p.m. There were 444 students in attendance on that day. • Future Traffic Projections - VMS's enrollment has the potential to grow to 470, a six percent increase from current numbers with no plans for campus expansion. - The properties served by Booth Falls Road and Katsos Ranch Road are built out, so the background volumes on those roads are assumed to remain the same as what was counted. • Transportation Impact Analysis - Turn lanes are required by CDOT'S State Highway Access Code 1 (SHAC), based upon each roadway's category, posted speed limit and the projected future traffic volumes. - The requirements for a left -turn deceleration lane and a right -turn deceleration lane are triggered for Booth Falls Road and North Frontage Road. Acceleration lanes are not required and not recommended. - The requirements for a right turn acceleration lane are triggered for the school's parking lot exit and North Frontage Road. - The distance between Booth Falls Road and the school exit is 615 feet. A right -turn acceleration lane at this intersection will overlap the right -turn deceleration lane for the Booth Falls Road and North Frontage Road intersection. - The State Highway Access Code does not give a threshold volume for a left -turn acceleration lane. The left turning volume (106 vph) is more than twice the threshold for a right -turn acceleration lane and the left turning traffic has to contend with both eastbound and westbound mainline traffic. Therefore, because of safety and operation considerations it is recommended that a left -turn acceleration lane be constructed. - No turn lanes are triggered nor recommended for Katsos Ranch Road and North Frontage Road. - A new state highway access permit will be required for Booth Falls Road. Since Booth Falls Road is a public street the permittee will be the Town of Vail. The location of the access is 070A-NFR, MM 179.08 L. The permit volume is 283 vehicles per hour, design hour volume (vph-dhv). AWA - Booth Falls Road is the access to the parking lot for the Booth Creek Trail and the Booth Falls trailheads. The Town of Vail plans to count at the intersection during the peak trail use times in the summer of 2021. The access permit volume may need to be adjusted if those volumes exceed those projected for the school. - A state highway access permit was issued in 2005 for the school's parking lot exit onto the Frontage Road - Permit No. 305225, permit volume 40 vph-dhv. At full enrollment, the school's exiting traffic is projected to have an a.m. peak hour volume of 190 vph and a p.m. peak hour volume of 193 vph. Therefore, a new State Highway Access Permit will be required. The location of the access is 070A-NFR, MM 179.19 L. The permit volume is 193 vph-dhv. A state highway access permit was issued in 2002 for Katsos Ranch Road - Permit No. 302114, permit volume 20 vph-dhv. As counted the street has a current a.m. peak hour volume of 27 vph and a current p.m. peak hour volume of 32 vph. Since the counted volume exceeds the original permit volume by greater than 20%, a new State Highway Access Permit will be required. It can be seen from Google Earth@ imagery that the teachers' parking lot was expanded sometime between 2011 and 2015, which could explain at least part of the increase. The location of the access is 070A-NFR, MM 179.26 L. The permit volume is 32 vph-dhv. Since Katsos Ranch Road is a public street the permittee will be the Town of Vail. • Recommendations and Conclusions from McDowell Engineering - The following auxiliary turn lanes are recommended: Eastbound North Frontage Road to northbound Booth Falls Road left -turn deceleration lane. - Combined westbound North Frontage Road to northbound Booth Falls Road right -turn deceleration lane and southbound school parking lot exit to westbound North - Frontage Road right -turn acceleration lane. - Southbound school parking lot exit to eastbound North Frontage Road left -turn acceleration lane. In meetings with CDOT, the town engineer and McDowell, it was discovered that these recommendations could possibly be altered if the speed of the Frontage Road was reduced, even by five miles per hour. For these reasons, it was soon recognized by all parties that a speed study will likely be of mutual benefit to the Town, nearby property owners and the school. 18 C. Access Applicant Response Traffic accesses the main parking lot from Booth Falls Road, flowing west to east, then exits onto the Frontage Road. D. Maneuverability Applicant Response Please see section 3-A: Automotive and pedestrian traffic safety and convenience. E. Snow Removal Applicant Response The school maintains a cleared driveway during the winter months. There is adequate snow storage along the south berm as well south of the school's athletic field. During winters with larger snowfall, the school contracts to have the snow removed. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Applicant Response Since the first use of the Vail Mountain School's Booth Falls location for a private school in 1980, through multiple approvals of Conditional Use Permits and amendments, building expansions and enrollment increases, one thing has remained constant: the school's commitment to remain a good neighbor, a contributing member to the community and a use that respects the purposes of the General Development District while promoting and enhancing the character of the surrounding residential neighborhood. Previous CUP amendments have allowed for the VMS campus to be expanded and improved throughout the years in response to community needs and in keeping with the scale and bulk of surrounding development. Those same CUP amendments - particularly those associated with campus master planning and the construction of the current school buildings - have also provided the Town and residents of the Booth Falls neighborhood the opportunity to work with the school to ensure that incremental growth of the school property or expansion of uses have been undertaken and planned with the area's character in mind. The current request to amend the Conditional Use Permit to reflect current and possible enrollment numbers ensure the facilities and campus - as originally designed and iRI contemplated - can be used, in the same manner as it is today, to their full potential without negative impacts. 5. Sucn otner tactors and criteria as the commission deems applicable to the proposed use. Applicant Response Although we have not been made aware of any other factors or criteria required for the proper review of this application, the school stands ready to work with town staff and members of the Planning and Environmental Commission to provide any additional information, plans or analyses deemed applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an )nvironmental impact report is required by chapter 12 of this title. Applicant Response This criteria is not applicable to this application as confirmed by the Town of Vail Community Development Department staff. `11 Appendix A Adjacent neighbors DANSON LIVING TRUST VAIL SKI HOUSE LLC KUHLKE, K. LEE & AMY I. 3005 BOOTH FALLS RD UNITA 312 SEVERN AVE E107 1501 E STANFORD AVE VAIL, CO 81657 ANNAPOLIS, MD 21403 ENGLEWOOD, CO 80113 SCHABACKER, BARBARA BRITAIN & JOHN GOTTLIEB, JOHN E. & LYNN C. TEUNIS, CONSTANCE B., BERNARD S. & A., II 3021 BOOTH FALLS RD CANDICE B. 32 CHARLOU CIR VAIL, CO 81657 PO BOX 1288 CHERRY HILLS VILLAGE, CO 80111 WHITE STONE, VA 22578 VAN KEMPEN FAMILY TRUST KATZ, MARTIN J. - ETAL DAVID KARDESH REVOCABLE TRUST - ETAL 2215 E GRAND AVE 621 17TH ST STE 801 125 W 31ST ST APT 52B CHERRY HILLS, CO 80113 DENVER, CO 80293 NEW YORK, NY 10001 RABIN, ROBERT P. & PATRICIA BOONE, CATHERINE SUSANNE GLADSTONE, CAROL - ETAL PO BOX 146 3094 BOOTH FALLS RD UNIT 1 171 PLACE RD E VAIL, CO 81658 VAIL, CO 81657 HINESBURG, VT 05461 UNGAR, SCOTT & JENNIFER BASH, ANDREW T. & COURTNEY G. MUFF, BRUCE, ELIZABETH & SCOTT 5082 E HAMPDEN AVE # 239 5924 STATE LINE RD 3094 BOOTH FALLS RD UNIT 11 DENVER, CO 80222 MISSION HILLS, KS 66208 VAIL, CO 81657 NEEDLER-TURNER, LINDSAY C. AVANT, DEBORAH D. - HERBST, TIMOTHY D. BELLINGER, RICHARD C. 635 VINE ST - EPSTEIN, RACHEL A. - RHODES, MARTIN J. 3094 BOOTH FALLS RD UNIT 16 DENVER, CO 80206 733 MARION ST VAIL, CO 81657 DENVER, CO 80218 GROUSE LANE REALTY REVOCABLE TRUST 5136 GROUSE LN # 2 VAIL, CO 81657 ECKELBERGER, JUDIE A. & JERRIE F 1998 OAK LEAF LN LITTLETON, CO 80121 MEYER, TIMOTHY - GUNN, ERICA PO BOX 5797 VAIL, CO 81658 DOBYNS, PETER J. 17 RAILROAD AVE DUXBURY, MA 02332 SUCICH, RACHAEL MARIE & TOBIAS 2121 N FRONTAGE RD W # 18 VAIL, CO 81657 KHAMER LAAS'N LLC 5599 NELSON RD LONGMOUNT, CO 80503 MARY JO JOHNS REVOCABLE LIVING TRUST 408 E COLLEGE ST FREDERICKSBURG, TX 78624 SHIELDS, MICHAEL W. & FRANCES A. 3525 TURKEY CANYON RANCH RD COLORADO SPRINGS, CO 80926 PAI VANDENBERGE, JAMIE 960 MCINTIRE ST BOULDER, CO 80303 TALBOT, THOMAS J. - COWAN, KIMBERLY R. PO BOX 1631 VAIL, CO 81658 RANDI BORGEN TRUST 3033 E 1ST AVE STE 415 DENVER, CO 80206 THOMPSON, ANDREW - SPIERINGS, MARY KATHERINE PO BOX 9570 AVON, CO 81620 GUNN, EMILY GAZIOGLU, HALIDE K. LAMBTRUST 810 N PERRY PARK RD 3120 BOOTH FALLS CT c/o GEORGE LAMB 230 BRIDGE ST SEDALIA, CO 80135 VAIL, CO 81657 VAIL, CO 81657 JBW PROP-VAIL TWO LLC 2660 PEACHTREE RD NW APT 32B ATLANTA, GA 30305 ALAN M. SCOTT TRUST - ETAL 3150 BOOTH FALLS CT UNIT B VAIL, CO 81657 TIMOTHY E. WYMAN REVOCABLE TRUST 31 S HARRISON ST EASTON, MD 21601 JOHN EDWARD NORDSTRAND TRUST - TAMMY LEE NORDSTRAND TRUST 3115 BOOTH FALLS CT UNIT E VAIL, CO 81657 VICKERS, KENNETH A. & REBECCA P PO BOX 3934 VAIL, CO 81658 SPECK, ERIC J 3150 BOOTH FALLS CT U NIT A VAIL, CO 81657 VAIL MOUNTAIN SCHOOL C/O MARK FENSTERMACHER 3000 BOOTH FALLS RD VAIL, CO 81657 PATTERSON, ROBERT - GOODWIN, ADAM 4041 NASSAU CIR W ENGLEWOOD, CO 80113 DEEP POWDER HUT LLC 3140 BOOTH FALLS CT UNIT B VAIL, CO 81657 MICHAEL E. LISCHER SR REVOCABLE TRUST, MARIE R. LISCHER TRUSTEE 329 HOLMES ST BETTENDORF, IA 52722 ROSS, JEFFREY W. & MARY S. 3200 E CHERRY CREEK SOUTH DR STE 360 DENVER, CO 80209 PEAK SERVICE REALTY PO BOX 2356 VAIL, CO 81658 STEIMLE, MICHAEL DAVID, CYNTHIA RUTH, CARPEN COMPANY/ROBERT S. CARPENTER, CARPENTER, ROBERTS. -JOHN DAVID & RUTH KOHL SOLE PROPRIETOR 2170 TECUMSEH PARK LN PO BOX 2024 2170 TECUMSEH PARK LN W LAFAYETTE, IN 47906 VAIL, CO 81658 WEST LAFAYETTE, IN 47906 STORY, RAY E., JR LUBIN, KENNETH A. 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FRITSCHEL LIVING TRUST - ETAL 1996 HARDSCRABBLE PL BOULDER, CO 80305 GOLD, MATTHEW J. 115 S DAHLIA ST DENVER, CO 80246-1046 ANDERSON, KAREN ELISSA 2875 MANNS RANCH RD UNIT H2 VAIL, CO 81657 MAY, LEE HOPE PO BOX 365 VAIL, CO 81658 23 RINGOEN, DAVID R. & KRISTEN K. 1190 LINDEN AVE BOULDER, CO 80304 DULCE PEREZ-ABREU REVOCABLE TRUST 936 CORAL WAY CORAL GABLES, FL 33134 MATTIE L. FRENCH REVOCABLE TRUST 11114 HERMITAGE HILL RD SAINT LOUIS, MO 63131 ESSON, JAMES ANDREW & TIMOLYN CUTTER 275 BROOKSIDE CT BOULDER, CO 80302 ATENCIO, LORI PO BOX 763 GOLDEN, CO 80402 PAMELA STENMARK REVOCABLE TRUST 2875 MANNS RANCH RD UNIT J3 VAIL, CO 81657 COLLINS C. KELLY REVOCABLE TRUST PO BOX 264 VAIL, CO 81658 KELLER, BARBARA JEAN 2875 MANNS RANCH RD UNIT G1 VAIL, CO 81657 KATHLEEN WELKER TRUST - ETAL 344 JACKSON ST VAIL, CO 80206 RYCHEL, B. SUSAN & W. KENT BOOTH CREEK PROPERTIES LLC WYERS, PHILIP W. PO BOX 732 2315 W STH ST 14705 E ABERDEEN AVE VAIL, CO 81658 AUSTIN, TX 78703 AURORA, CO 80016 SECTION 3.6 TRUST FBO PATRICIA J. PERRI CONRAD, THOMAS SKARI, DANIEL G. & MERANIE E. AND ISSUE U/W HENRY ARONS 425 GARRATY RD 3490 E EASTER PL 5 HICKORY SAN ANTONIO, TX 78209 CENTENNIAL, CO 80122 SHORT HILLS, NJ 07078 POGANSKI, GREGORY L. & GRACE F. JOYCE K. DENNIS REVOCABLE TRUST RAUH-RYAN, LYNN - RYAN, TIMOTHY 324 E MAIN ST UNIT 500 300 MCKINSIE CT NE 497 KALMIAAVE LOUISVILLE, KY 40202 CEDAR RAPIDS, IA 52402 BOULDER, CO 80304 ANDERSON, ROBERT A. & DEBORAH L. DAVIS, ROSS E., JR SAUBER, GREGORY G. PO BOX 412 PO BOX 190 1124 S GILPIN ST HIGHMOUNT, NY 12441-0412 VAIL, CO 81658 DENVER, CO 80210 WAGNER EQUIPMENT CO BENTLEY, DAVID C. & TRACEY W. VAIL SIX PACK LLC C/O fACILITIES DEPT 18000 SMITH RD 123 PEREGRINE DR 1474 MONTEREY CT AURORA, CO 80011 CORDILLERA, CO 81632 STILLWATER, MN 55082 Not directly adjacent by in neighborhood MCKEEVER, CHRISTOPHER M. & LINDSEY K LAWSON, THOMAS WARD GOLD, THOMAS G. & NANCY H. 444 N FRANKLIN ST 2825 BALD MOUNTAIN RD # 1/2 4533 MIRAGE DR DENVER, CO 80218 VAIL, CO 81657 CASTLE ROCK, CO 80108 BLANCHARD, WILLIAM M. & KELLIE E. 2002 CAREY FAMILYTRUST, MICHAELJ. & ROBERT E. FORD REVOCABLE TRUST 1000 N ASHLEY DR STE 510 WENDY M. CAREYTRUSTEES 2121 N FRONTAGE RD W PMB 302 TAMPA, FL 33602 6817 ELAINE WAY VAIL, CO 81658 SAN DIEGO, CA 92120 MULLINIX, CONSTANCE B. KURZ, LUDWIG & RODGER, SUSAN L. ALLEN, CYRUS G., III 145 TERRACE TRL S 2725 BALD MOUNTAIN RD 2725 BALD MOUNTAIN RD SHAWNEE, KS 66217 VAIL, CO 81657 VAIL, CO 81657 GIRARDI, GEORGE & TERESA MARKS, DONALD J. & SUSAN V. CHARLES C. SNYDER TRUST 7709 VANTAGE VIEW PL 2685 BALD MOUNTAIN RD 2803 BUTTERFIELD RD STE 380 FT. COLLINS, CO 80525 VAIL, CO 81657 OAK BROOK, IL 60523 RONALD SEGE TRUST LARRY H. WOLFF REVOCABLE TRUST, LARRY PIERCE, CRAWFORD ROGER & LIV SVERRE 2665 BALD MOUNTAIN RD H. WOLFF TRUSTEE - ETAL 2730 BALD MTN RD A VAIL, CO 81657 2724 BALD MOUNTAIN RD VAIL, CO 81657 VAIL, CO 81657 24 BALD MOUNTAIN VAIL LLC EDWARDS, DEBRA J. & DEAN P. FIRST CHAIR PROPERTIES LLC 127 PUBLIC SQ STE 2700 2670 BALD MOUNTAIN RD UNIT B 11357 RANCH RESERVE PKWY CLEVELAND, OH 44114 VAIL, CO 81657 DENVER, CO 80234 WITCHER PROPERTIES LTD 3985 W VICKERY BLVD FORT WORTH, TX 76107 CROSBY, G. CHRISTIAN 251 S GRAPE ST DENVER, CO 80246 WILLIAMS, EDDIE D 22 POLO CLUB DR DENVER, CO 80209 STEWART, MELINDA & SCOTT R. 1801 BROADWAY STE 200 DENVER, CO 80202 CULLMAN, MIA D. 2480 BALD MOUNTAIN RD UNIT VAIL, CO 81657 NORTH NORTH NEVADA LLC - ETAL 6400 S FIDDLERS GREEN CIR STE 1200 GREENWOOD VILLAGE, CO 80111 CAMP IRMA LTD C/O LAZARUS 215 RIDGEMEDE RD BALTIMORE, MD 21210 BRAUNHOLTZ, ALAN NICHOLAS & GAYLE LOUISE 2610 BALD MOUNTAIN RD B VAIL, CO 81657 CHRISTOPHER, ROCKY S. & BARBARA K. 2550 BALD MOUNTAIN RD VAIL, CO 81657 CASTER, MARY ALICE PO BOX 1808 GYPSUM, CO 81637 ROWE, MERRIL F. & MARY JEAN 10015 COTTONCREEK DR HIGHLANDS RANCH, CO 80126 KAPLAN, KRISTA B. - ETAL 3509 REYNOLDS ST LARAMIE, WY 82072 MCLANE, J.P. & MARY E. MCCALLIN, MILDRED A. c/o MCLANE REALTY LIMITED PARTNERSHIP c/o John Gross 6197 MASSIVE PEAK CIR 8498 HIGHWAY 67 N CASTLE ROCK, CO 80108 POPLAR BLUFF, MO 63901 GUEST, PETER R. 302 W 12TH ST APT 1A NEW YORK, NY 100414 JERNIGAN, KEAGAN & JOHN, JR PO BOX 4893 VAIL, CO 81658 MANKWITZ, BRIAN & MEREDITH 20 S BELLAIRE ST DENVER, CO 80246 POCK, RANDOLPH W. 155 OLIVE ST DENVER, CO 80220 W CULLMAN, MIA D. 5782 E FINISTERRA TUSCON, AZ 85750 ANNETTE NEWTON FREYMAN 2020 QPR TRUST 1801 GULF SHORE BLVD N UNIT 402 NAPLES, FL 34102 WOLLARD, RONALD R. & MARILYN S. 5820 STATE LIN E RD PRAIRIE VILLAGE, KS 66208 KRASNOV, EDWARD 2314 BROOKMERE DR HOUSTON, CO 77008 STOCKTON, TIMOTHE TYE & BRIELLE M. 2470 BALD MOUNTAIN RD VAIL, CO 81657 O BRIEN, REGINA G. 2350 BALD MOUNTAIN RD UNIT B9 VAIL, CO 81657 SLOAN, ANDREW JASON & ALICIA PAXSON 1560 S LOGAN ST DENVER, CO 80210 GORE, THERON H. & ASHLEIGH S. 2335 BALD MOUNTAIN RD C12 VAIL, CO 81657 LOCHHEAD, JAMES S. & ABBY S. 416 DAHLIA DENVER, CO 80220 EUGENE H. BABER II DESCENDENT TRUST JOHN C. & SALLYJ. FALZONE BLAZEK, MARGARET A. 4181 S NARCISSUS WAY 313 WHITETAIL CIR 2335 BALD MOUNTAIN RD UNIT C15 DENVER, CO 80237 LAFAYETTE, CO 80026 VAIL, CO 81657 PICCIOTTO, JOHN -WILSON, PENNY LYN PETTEE INDUSTRIES INC B TIMES FIVE LLC 2350 BALD MOUNTAIN RD UNIT A6 PO BOX 2637 1900 HOMESTEAD RD VAIL, CO 81657 VAIL, CO 81657 GREELEY, CO 80634 EVERETT, H. KENT & MARILYN T. STEIN, KENNETH L. - DAY, KAREN A. GONZALEZ, ORLANDO R. & MARIA TERESA 2355 BALD MOUNTAIN RD UNIT B C/O DEBRA WAGNER 7635 FLOREN DE VAIL, CO 81657 SOUTHHAMPTON TER APT 115 919 GREENTREE DR FORT LAUDERDALE, FL 33321 WINTER PARK, FL 32789 G. ANTHONY BRYAN QPR TRUST CONNOLLY, STEPHEN RUDER, ROBERT W. 2395 BALD MOUNTAIN RD PO BOX 3003 2415 BALD MOUNTAIN RD UNIT B VAIL, CO 81657 VAIL, CO 81658 VAIL, CO 81657 WHITEFORD, GUSTAVUS MITCHELL CONN, JULIE COX WESTHOFF, BRENDA PO BOX 249 2425 BALD MOUNTAIN RD UNIT A 1602 N GRAYSTONE ST VAIL, CO 81658 VAIL, CO 81657 WICHITA, KS 67230 NIXON, PATRICIA M. SCHAD, TIMOTHY O. & CYNTHIA E. HOLLAND, JOEL KENT, III 2565 BALD MOUNTAIN RD 2609 FREDERICK SE 2585 BALD MOUNTAIN RD UNIT A VAIL, CO 81657 GRAND RAPIDS, MI 49506 VAIL, CO 81657 JOHNSON, J. DAVID & SHERIDAN NICOLE ALLEY, KENNETH R. & AIMEE D. ROGERS, BRUCE A. 1716 KINGSBURY LN 276 MCARTHUR DR 2521 BRYANT ST OKLAHOMA CITY, OK 73116 LITTLETON, CO 80124 DENVER, CO 80211 URBAN 22 STUDIO LLC LINN, DENNIS D. & SHEILA F. ALDRICH, DARIN & ANNA 312 PEARL PKWY APT 5205 2625 BALD MOUNTAIN RD UNIT B 10 HUNTWICK LN SAN ANTONIO, TX 78215 VAIL, CO 81657 CHERRY HILLS VILLAGE, CO 80113 RONALD SEGE TRUST CHARLES C. SNYDER TRUST MARKS, DONALD J. & SUSAN V. 2665 BALD MOUNTAIN RD 2803 BUTTERFIELD RD STE 380 2685 BALD MOUNTAIN RD VAIL, CO 81657 OAK BROOK, IL 60523 VAIL, CO 81657 Across Interstate -70 GIRARDI, GEORGE & TERESA ALLEN, CYRUS G., III MACSATA, BRYAN ALBERT 7709 VANTAGE VIEW PL 2725 BALD MOUNTAIN RD 2855 ASPEN LN FT. COLLINS, CO 80525 VAIL, CO 81657 VAIL, CO 81658 41 BRIGHAM, GERRAD W. & DEIRDRE M. BENT, SETH & MEGAN BMN LTD 1314 SILVER ROCK LN 1427 NORWOOD AVE 6616 E PRENTICE AVE EVERGREEN, CO 80439 BOULDER, CO 80304 DENVER, CO 80111 ASPP LLC RETORNO LOMA LINDA 14 COLONIA LOMAS DE VISTA HERMOSA, CP 05100 MEXICO MORRIS, JOAN E. & JOHN R. 6302 CRST CREEK CT LOUISVILLE, KY 40241 HINTZ, BERNDJURGEN 3130 BOOTH CREEK DR VAIL, CO 81657 WILLIAMS, KIT C. 2925 BOOTH CREEK DR VAIL, CO 81657 ADR INSURANCE PCC 22141 BEAR TOOTH DR GOLDEN, CO 80403 SNOWFLAKE TRUST C/O MANTUCKET CAPITAL LLC 5251 DTC PKWY STE 995 ENGLEWOOD, CO 80111 DR & MRS JOHN R MORRIS & DON WELSH 6302 CREST CREEK CT LOUISVILLE, KY 40241 WOODLEY WATER LTD 112 AUBURN PL SAN ANTONIO, TX 78209-4722 SAVAGE, KENDALL BURNEY 6316 ORCHID LN DALLAS, TX 75230 REIMERS, ARTHUR J. & LINDSAYJ.H. REGGIE D. DELPONTE RESIDENCE TRUST JOSE ANTONIO OTARRILL QUALIFIED 2930 E 2ND AVE APT 601 NO. 1 - REGGIE D. DELPONTE RESIDENCE PERSONAL RESIDENCE TRUST DENVER, CO 80206 TRUST NO. 2 CRATER 428 MEXICO 01900 DF 4650 VON KARMAN AVE MEXICO CITY, NEWPORT BEACH, CA 92660 MEXICO MORNING DEW CAPITAL LLC 770 POTATO PATCH DR UNIT 1 VAIL, CO 81657 WAS HOLDINGS VAIL LLC C/O MANTUCKET CAPITAL LLC 5251 DTC PKWY STE 995 ATTN: KC PO BOX 5450 AVON, CO 81620 PITTO J. RUSSELL 655 MONTGOMERY ST 1190 SAN FRANCISCO, CA 94111 CAULKINS, DAVID I. 200 FILLMORE ST STE 300 DENVER, CO 80206 BANNER, M. R., III & ELAINE T. - ETAL 1540 ROCKMONT CIR BOULDER, CO 80303 WILHELMSEN, AXEL & JANIE 2910 BOOTH CREEK DR VAIL, CO 81657 ERICKSON, MABEL T. IRREVOCABLE TRUST, ONEILL, THOMAS S. - DAVID, ANN C. RICHARD BUTTS TRUSTEE 1448 N LAKE SHORE DR 17305 6TH AVE N CHICAGO, IL 60610 PLYMOUTH, MN 55447 GRASIS QUALIFIED PERSONAL RESIDENCE KJESBO, ROLAND J. TRUST PO BOX 3419 9404 NW 80TH TER VAIL, CO 81658 WEATHERBY LAKE, MO 64125 27 HOVERSTEN, PHILIP E. & LOUISE B. 2990 BOOTH CREEK DR VAIL, CO 81657 VALLS, BART & AIM EE 3950 S HUDSON WAY ENGLEWOOD, CO 80113 VANHOOPS HOLDINGS LP 8328 VALMONT RD BOULDER, CO 80301 VAIL ASPEN LLC C/O LAKE STREET ADVISORS PO BOX 4420 PORTSMOUTH, NH 030802 FREEMAN, ANNELIESE M. 2800 ASPEN CT UNIT B VAIL, CO 81657 NEDRELOW, JEANNE DONNA M. ZINKO LIVING TRUST FRANKLIN STRIEBY WIMER TESTAMENTARY PO BOX 1776 PO BOX 5429 TRUST - ETAL VAIL, CO 81657 WOODLAND PARK, CO 80866 C/O JOYCE DIANE WIMER 2860 ASPEN CT VAIL, CO 81657 CADMUS, MARK & MARTA 281 BRIDGE ST VAIL, CO 81657 ROSE, BYRON A. & SARAH K. 2895 BOOTH CREEK DR VAIL, CO 81657 28 FJELLHEIM LLC 2825 LILAC LN N FARGO, ND 58102-1706 Appendix B Turn Lane Analysis for Vail Mountain School N. Frontage Road �����_,_ �-----•rte_ �w Westbound 1-70 October 29, 2020 PREPARED FOR: Vail Mountain School Attn. Jamie Walker 3000 Booth Falls Road Vail, CO 81657 PREPARED BY: McDowell Engineering, LLC PO Box 4259 Eagle, CO 81631 970.623.0788 Contact: Kari J. McDowell Schroeder, PE, PTOE Project Number: 1477 N*1 Statement of Engineering Qualifications Kari J. McDowell Schroeder, PE, PTOE is a Transportation and Traffic Engineer for McDowell Engineering, LLC. Ms. McDowell Schroeder has over twenty-three years of extensive traffic and transportation engineering experience. She has completed numerous transportation studies and roadway design projects throughout the State of Colorado. Ms. McDowell Schroeder is a licensed Professional Engineer in the State of Colorado and has her certification as a Professional Traffic Operations Engineer from the Institute of Transportation Engineers. Vail Mountain School Page 2 30 Turn Lane Analysis for Vail Mountain School Table of Contents 1.0 PROJECT DESCRIPTION............................................................................................................................ 4 2.0 EXISTING CONDITIONS............................................................................................................................ 6 2.1 DESCRIPTION OF EXISTING TRANSPORTATION SYSTEM................................................................................................6 2.2 TRAFFIC DATA COLLECTION..................................................................................................................................6 3.0 FUTURE TRAFFIC PROJECTIONS............................................................................................................... 8 3.1 /AIL MOUNTAIN SCHOOL.....................................................................................................................................8 3.2 BACKGROUND TRAFFIC GROWTH...........................................................................................................................8 3.3 TOTAL FUTURE TRAFFIC.......................................................................................................................................8 4.0 TRANSPORTATION IMPACT ANALYSIS....................................................................................................10 4.1 AUXILIARYTURN LANE REQUIREMENTS.................................................................................................................10 4.2 AUXILIARYTURN LANE DESIGN............................................................................................................................11 4.3 STATE HIGHWAYACCESS PERMITS.......................................................................................................................12 5.0 RECOMMENDATIONS AND CONCLUSIONS..............................................................................................14 6.0 APPENDIX..............................................................................................................................................15 Tables and Figures FIGURE 1: VICINITY MAP.................................................................................................................................... 4 FIGURE2: AREA MAP......................................................................................................................................... 5 FIGURE 3: EXISTING TRAFFIC VOLUMES.............................................................................................................. 7 FIGURE 4: TOTAL FUTURE TRAFFIC VOLUMES..................................................................................................... 9 TABLE 1: AUXILIARY TURN LANE REQUIREMENTS..............................................................................................10 TABLE 2: AUXILIARY TURN LANE DATA AND LENGTH REQUIREMENTS................................................................11 Vail Mountain School Page 3 31 1.0 Project Description Vail Mountain School has grown in enrollment since the Town of Vail Conditional Use Permit and the Colorado Department of Transportation Access Permits were obtained. The purpose of this CDOT Level 2 study is to determine if auxiliary turn lanes are now required. This traffic analysis was scoped with both the Town of Vail and CDOT prior to completion. Vail Mountain School is a private K-12 school located between Booth Falls Road and Katsos Ranch Road on the north side of North Frontage Road. The school also owns the property at the northeast corner of North Frontage Road and Katsos Ranch Road where they have employee housing and a teachers' parking lot. The project location is shown in Figure 1. An area map of the school and surrounding street system is shown in Figure 2. Figure 1: Vicinity Map Vail Mountain School Page 4 32 Figure 2: Area Map "MN A 4. AWL 1 14 It 51 lope - z . . . . . �v ,ism Road Vail C. Mountain MoLin N. Frontage Road Teacher OAel�ing Westbound 1-70 Eastbound 1-70 6 "A Vail Mountain School Page 5 33 2.0 Existing Conditions 2.1 Description of Existing Transportation System North Frontage Road: North Frontage Road is a two-lane, paved roadway that parallels the north side of 1-70. This frontage road connects East Vail to Main Vail and West Vail, sometimes crossing under 1-70 as South Frontage Road. In the vicinity of the site, North Frontage Road has a posted speed limit of 45 mph in both directions. Booth Falls Road: Booth Falls Road is a paved, two-lane road to the north off the frontage road. It is the main access to the Vail Mountain School campus. It also serves a residential neighborhood and the Booth Creek Trail and Booth Falls trailheads. Katsos Ranch Road: Katsos Ranch Road is a paved, two-lane road to the north off the frontage road that ends in a cul-de-sac. It is the access to the Vail Mountain School teachers' parking lot and about a dozen single-family residences. Vail Mountain School: The exit -only access from the school's main parking lot connects to North Frontage Road midway between Booth Falls Road and Katsos Ranch Road. Pick-up and drop-off traffic circulates through the parking lot and also uses this exit. 2.2 Traffic Data Collection Existing Traffic Volumes: Existing turning movement counts were collected for the three intersections on Friday, September 4, 2020. Turning movement counts were collected from 7:00 to 9:00 am and 2:30 to 4:30 pm. The inbound morning peak occurred from 7:40 - 8:40 am. The afternoon peak occurred from 2:45 - 3:45 pm. There were 444 students in attendance on that day. The raw traffic data is included in the Appendix. The traffic volumes along the frontage road were balanced and the resultant existing traffic volumes for the weekday morning and afternoon peak hours are shown in Figure 3. Vail Mountain School Page 6 34 Figure 3: Existing traffic volumes from counts (vehicles per hour) Traffic Count Date: September 4, 2020 M N — 7 L169/89 4—J) L 4-m 115 / 171 81 /58EJ 28 / 96 --� 2 3 N O M r 3 0) W 0i `y 4-m185 / 178 M L. 37/107 y 3/6 r 114/201 L20/3 4-184/172 LEGEND ENGINEE C❑ G I N E ERINGXX/XX = AM/PM Volumes (vph) w:: (NTS) Project Number: M1477 Turning Movements t %~ Prepared by: TKH Vail Mountain School October 10, 2020 Vail, Colorado Page 7 Ki: 3.0 Future Traffic Projections 3.1 Vail Mountain School The enrollment capacity of Vail Mountain School is proposed to reach 470 students. No expansion of the existing campus is proposed. On the day when the traffic volume was counted, there were 444 students in attendance. The increase from the current to full enrollment is six percent. The counted traffic volumes were increased by the same six percent to obtain the future site -generated traffic volumes for when the school is at full enrollment. 3.2 Background Traffic Growth Long-term background growth was based upon the Town of Vail's historic 1.5% annual growth rate, which equates to a 20 -year growth factor of 1.43. This is consistent with the Town's latest Vail Master Plan forecast methods. The 20 -year growth factor was applied to the through traffic volumes on the frontage road. The properties served by Booth Falls Road and Katsos Ranch Road are built out, so the background volumes on those roads are assumed to remain the same as what was counted. 3.3 Total Future Traffic The total future traffic is the combination of the school's full enrollment volumes and the long-term background volumes on the adjacent street system. The resultant total future traffic volumes can be seen in Figure 4. Vail Mountain School Page 8 36 Figure 4: Design Year Total Traffic (vehicles per hour) 86/61 38 / 129 L179/94 4-175/231 2 o�0 0 LO p.� L. 4-m 249 / 238 47/140 y LEGEND ENGINEE C❑ G I N E ERIN XXM = AM/PM Volumes (vph) . (NTS) Project Number: M1477 Turning Movements t %~ Prepared by: TKH Vail Mountain School October 10, 2020 Vail, Colorado Page 9 37 4.0 Transportation Impact Analysis 4.1 Auxiliary Turn Lane Requirements Turn lanes are required by CDOT'S State Highway Access Codes (SHAG), based upon each roadway's category, posted speed limit and the projected future traffic volumes. The requirements for the three intersections associated with Vail Mount School are shown in Table 1. Table 1: Auxiliary Turn Lane Requirements [1] Category F -R, Single Lane, >40 mph, SHAC §3.13(4) [2] S&O = Safety and Operation triggers may apply. No traffic volume trigger. Booth Falls Road & North Frontage Road: The requirements for a left -turn deceleration lane and a right -turn deceleration lane are triggered for this intersection. Acceleration lanes are not required and not recommended. School parking lot exit & North Frontage Road: The requirements for a right -turn acceleration lane is triggered for this intersection. The distance between Booth Falls Road and the school exit is 615 feet. A right -turn acceleration lane at this intersection will overlap the right -turn deceleration lane for the Booth Falls Road and North Frontage Road intersection. The State Highway Access Code does not give a threshold volume for a left -turn acceleration lane. The left turning volume (106 vph) is more than twice the threshold for a right -turn acceleration lane and the left turning traffic has to contend with both eastbound and westbound mainline traffic. Therefore, because of safety and operation considerations it is recommended that a left -turn acceleration lane be constructed. Katsos Ranch Road & North Frontage Road: No turn lanes are triggered for this intersection and none are recommended. Vail Mountain School Page 10 38 Weekday AM Weekday PM Peak Hour Peak Hour Trigger Volume Volume Volume [1] Required by Intersection Type of lane (pce-Wh) (pce-Wh) (pce-vph) SHAC? Left -turn decel. 86 61 >10 Yes Booth Falls Road I-70 North Frontage Road Right -turn decel. 164 1 89 1 >25 1 Yes Right -turn accel. 9 23 >50 No Left -turn accel. 9 11 S&O [2] No Left -turn decel. n/a n/a >10 No School parking lot exit & Right -turn decel. n/a n/a >25 No Right -turn accel. 105 87 >50 Yes 1-70 North Frontage Road Left -turn accel. 85 106 S&O [2] No Left -turn decel. 3 6 >10 No Katsos Ranch Road 1-70 North Frontage Road Right -turn decel. 20 3 >25 No Right -turn accel. 1 6 >50 No Left -turn accel. 3 17 S&O [2] No [1] Category F -R, Single Lane, >40 mph, SHAC §3.13(4) [2] S&O = Safety and Operation triggers may apply. No traffic volume trigger. Booth Falls Road & North Frontage Road: The requirements for a left -turn deceleration lane and a right -turn deceleration lane are triggered for this intersection. Acceleration lanes are not required and not recommended. School parking lot exit & North Frontage Road: The requirements for a right -turn acceleration lane is triggered for this intersection. The distance between Booth Falls Road and the school exit is 615 feet. A right -turn acceleration lane at this intersection will overlap the right -turn deceleration lane for the Booth Falls Road and North Frontage Road intersection. The State Highway Access Code does not give a threshold volume for a left -turn acceleration lane. The left turning volume (106 vph) is more than twice the threshold for a right -turn acceleration lane and the left turning traffic has to contend with both eastbound and westbound mainline traffic. Therefore, because of safety and operation considerations it is recommended that a left -turn acceleration lane be constructed. Katsos Ranch Road & North Frontage Road: No turn lanes are triggered for this intersection and none are recommended. Vail Mountain School Page 10 38 4.2 Auxiliary Turn Lane Design The design criteria for auxiliary turn lanes is contained in Section 4.8 of the State HighwayAccess Code'. The auxiliary turn lane data and length requirements are shown in Table 2. Table 2: Auxiliary turn lane data and length requirements N Frontage Road & Booth Falls Road - Left -Turn Deceleration Lane Highway classification F -R, Single Lane, >40 mph Speed Limit 45 mph Peak hour volume 86 pce-vph Type of Lane Left -Turn Deceleration Lane Components (Table 4-5) decel. length Deceleration length (Table 4-6) 435' Highway Grade Less than 3.0% up or down Grade Factor (Table 4-4) 1.00 Adjusted deceleration length 435' Storage length (Table 4-8) 86' Lane width 16' Transition Taper Ratio (Table 4-6) 13.5:1 Taper Length (full lane width) 216' Included within the deceleration length. Taper Length 2/3 lane width 144' (CDOT Roadway Design Guide, Fig 9-10A) 162' Included within the deceleration length. Total turn lane length 1521' 108' (CDOT Roadway Design Guide, Fig 9-10A) Redirect taper ratio (Table 4-9) 45:1 N Frontaqe Road & Booth Falls Road - Right -Turn Deceleration Lane Highway classification F -R, Single Lane, >40 mph 45 mph Peak hour volume 164 pce-vph Type of Lane Right -Turn Deceleration Right -turn control Free Flow Lane Components (Table 4-5) decel. length Deceleration length (Table 4-6) 435' Highway Grade 1.0% Grade Factor (Table 4-4) 1.00 Adjusted deceleration length 435' Storage length (Table 4-8) 0' (free flow right turn) Lane width 12' Transition Taper Ratio (Table 4-6) 13.5:1 Taper Length (full lane width) 162' Included within the deceleration length. Taper Length (2/3 lane width) 108' (CDOT Roadway Design Guide, Fig 9-10A) Total turn lane length 435' Continued Vail Mountain School Page 11 39 Table 2 (continued) N Frontaqe Road & School Exit - Left -Turn Acceleration Lane Highway classification F -R, Single Lane, >40 mph Speed Limit 45 mph Peak hour volume 105 pce-vph Type of Lane Left -Turn Acceleration Lane Components (Table 4-5) accel. length Acceleration length (Table 4-6) 550' Highway Grade Less than 3.0% up or down Grade Factor (Table 4-7) 1.00 Adjusted deceleration length 550' Storage length (Table 4-8) 0' No storage for acceleration lanes Lane width 16' Transition Taper Ratio (Table 4-6) 13.5:1 Taper Length (full lane width) 216' Included within the acceleration length. Taper Length (2/3 lane width) 144' (CDOT Roadway Design Guide, Fig 9-10A) Total turn lane length 550' N Frontaqe Road & School Exit - Right -Turn Acceleration Lane Highway classification F -R, Single Lane, >40 mph 45 mph Peak hour volume 106 pce-vph Type of Lane Right -Turn Acceleration Lane Components (Table 4-5) accel. length (Table 4-6) 550' Highway Grade Less than 3.0% up or down Grade Factor 1.00 Adjusted deceleration length 550' Storage length (Table 4-8) 0' No storage for acceleration lanes Lane width 12' Transition Taper Ratio (Table 4-6) 1 N/A continuous lane Total turn lane length 550' 4.3 State Highway Access Permits Booth Falls Road & North Frontage Road: A new state highway access permit will be required for Booth Falls Road. Since Booth Falls Road is a public street the permitee will be the Town of Vail. The location of the access is 070A-NFR, MM 179.08 L. The permit volume is 283 vehicles per hour, design hour volume (vph-dhv). Booth Falls Road is the access to the parking lot for the Booth Creek Trail and the Booth Falls trailheads. The Town of Vail plans to count the traffic at the Booth Falls Road and North Frontage Road intersection during the peak trail use times in the summer of 2021. The access permit volume may need to be adjusted if those volumes exceed those projected for the school. Vail Mountain School Page 12 40 School parking lot exit & North Frontage Road: A state highway access permit was issued in 2005 for the school's parking lot exit onto the frontage road — Permit No. 305225, permit volume 40 vph-dhv. At full enrollment, the school's exiting traffic is projected to have an a.m. peak hour volume of 190 vph and a p.m. peak hour volume of 193 vph. Therefore, a new State Highway Access Permit will be required. The location of the access is 070A-NFR, MM 179.19 L. The permit volume is 193 vph-dhv. Katsos Ranch Road & North Frontage Road: A state highway access permit was issued in 2002 for Katsos Ranch Road — Permit No. 302114, permit volume 20 vph-dhv. As counted the street has a current a.m. peak hour volume of 27 vph and a current p.m. peak hour volume of 32 vph. Since the counted volume exceeds the original permit volume by greater than 20%, a new State Highway Access Permit will be required. It can be seen from Google Earth° imagery that the teachers' parking lot was expanded sometime between 2011 and 2015, which could explain at least part of the increase. The location of the access is 070A-NFR, MM 179.26 L. The permit volume is 32 vph- dhv. Since Katsos Ranch Road is a public street the permitee will be the Town of Vail. Vail Mountain School Page 13 41 5.0 Recommendations and Conclusions The purpose of this CDOT Level 2 study is to determine if auxiliary turn lanes are now required at three intersections used by Vail Mountain School. Construction of the school campus has been completed and the school has grown in enrollment since the Town of Vail Conditional Use Permit and the Colorado Department of Transportation Access Permits were obtained. Auxiliary turn lanes: The following auxiliary turn lanes are recommended: - Eastbound North Frontage Road to northbound Booth Falls Road left -turn deceleration lane. - Combined westbound North Frontage Road to northbound Booth Falls Road right - turn deceleration lane and southbound school parking lot exit to westbound North Frontage Road right -turn acceleration lane. - Southbound school parking lot exit to eastbound North Frontage Road left -turn acceleration lane. Design waivers: Because of the limited physical and right-of-way space, consideration may be given to narrowing the overall width of North Frontage Road. SHAC §4.8(6)(a) states: Where a single left turn lane is necessary, a median area of 16 feet shall be provided. The median area will normally consist of a 12 foot turn lane and a 4 foot painted separator. The 12 -foot lane and 4 -foot separator configuration is an important safety feature at four-way intersections, allowing opposing left -turning vehicles to be offset from each other, giving both vehicles greater sight distance of oncoming traffic. Since these are T intersections there will be no opposing left turns. So, the 4 -foot separator is not needed. A CDOT design waiver could be requested to allow the lanes to be constructed without the 4 -foot separator. State Highway Access Permits: Based on measured and projected traffic volumes the following new access permits are needed: - Booth Falls Road: 070A-NFR, MM 179.08 L, 283 vph-dhv - School parking lot exit: 070A-NFR, MM 179.19 L, 193 vph-dhv - Katsos Ranch Road: 070A-NFR, MM 179.26 L, 32 vph-dhv Vail Mountain School Page 14 42 6.0 Appendix Reference Documents 1. State of Colorado, State Highway Access Code. March 2002. Included Documents 1. CDOT Methodology Form and correspondences 2. 2020 Existing Traffic Counts Vail Mountain School Page 15 43 COLORADO Department of Transportation Region 3 Transportation Impact Study Methodology Form Prior to starting a traffic impact study, a Methodology Form must be submitted for review and signed by the Region 3 Access Engineer. It shall be included as part of the study. Consultant: Name: Kent Harbert Telephone: (970)812-6768 Email: Kent@McDowellEng.com Developer/Owner Name. Vail Mountain School PROJECT INFORMATION Study Years Project Name Vail Mountain School and Booth Falls Trailhead Project Location Vail Project Description (Attached proposed site plan) Level 2 traffic study for the intersections of Booth Falls Road, the exit from Vail Mountain School's parking lot and Katsos Ranch Road onto the North Frontage Road. State Highway 070A-NFR County Eagle Mile Post 179.08, 179.19, 179.26 Posted Speed Limit F45 TIS • Study Years Current Year: 2020 Buildout Year: 2021 Long Term Year: 2040 Traffic Assessment Level (Provide justification) Level 2 Study Intersections 1. Booth Falls Rd it N Frontage Rd 6. 2. School exit it N Frontage Rd 7. 3. Katsos Ranch Rd it N Frontage Rd 8. 4. 9. 5. 10. Future Growth Rate ❑ OTIS ❑ Regional TDM Q Other 1.5%/y -Vail MP Seasonal Adjustment Factor no Page 1 44 COLORADO Department of Transportation Recrion 3 ASSUMPTIONS CONTINUED Project Trip Distribution Use actual counts taken Friday, September 4, 2020. (State assumptions and attach sketch that shows individual movements.) Trip Reduction Percentage Internal Capture: Pass By: Multi -Modal: [1] Other: Study Time Periods ■❑ AM (7-9) ■❑ PM (4-6) ❑ Weekday ❑ SAT (Midday) ❑ Other (Check all that apply) Existing and Proposed ITE Actual counts taken September 4, 2020, will be used to determine the rate in vehicle Trip Generation Land Use trips per hour per student. Analysis Methods (Check all that apply) ❑ Synchro or ❑ HCS (isolated intersections only) ❑ SimTraffic or ❑ Other (closely spaced intersections or when known/expected queuing issue) ❑ Signal Warrants ❑ Pedestrian/Transit/Bicycle ❑ Safety/Sight Distance ❑ Queuing and Storage ■❑ Other Turn lane analysis per SHAC Notes and Other [1] The 9/4/20 count would include the effect of any multi -modal use. Assumptions - 444 students on campus 9/4/20. Future full capacity, 470 students. 6% increase - Counts taken on August 14 and 15, 2020, will not be used because school was not in session, it was off-peak season for the trailhead use, the teachers were in a training p Crash Data CDOT will perform a crash data analysis for the highway in the vicinity of the proposed access and provide to the consultant. As a part of the study consultant shall recommend mitigation measures for any identified safety issues. Simulation Input Files Consultant to provide computer files used for analysis with a signed and sealed copy of the study. Review Comments ❑ Revise and Resubmit JEngineer Signature/Date I ❑ Approved Page 2 E,R Figure X: Existing traffic volumes from counts (2020) (vehicles per hour) Traffic Count Date: September 4, 2020 M � N � rn rn L155/84 4..� �..0 4-m115/165 81 /58EJ 28 / 93 --� 2 3 N O 7� W r` .7 3 0) W OJ `y 4-m184 / 178 M L. 36/107 y 3/6 r 110/198 L20/3 4-184/170 LEGEND ENGINEE C❑ G I N E ERINGXX/XX = AM/PM Volumes (vph) w:: (NTS) Project Number: M1477 Turning Movements t %~ Prepared by: Vail Mountain School Vail, Colorado Page x t Kent Harbert <kent@mcdowelleng.com> Tue, Sep 29, 3:49 PM to Brian, Mark, Tom, Kari The CDOT Transportation Impact Study Methodology Form for Booth Falls Road, Vail Mountain School and Katsos Ranch Road is attached for your review. Please contact me if you have any questions or concerns. Thanks, Kent T. Kent Harbert, PE, PTOE Transportation / Traffic Engineer 970.812.6768 kent@mcdowellena.corn In cooperation with: McDowell Engineering Transportation Engineering Consultants Eagle • Broomfield • Grand Junction www.mcdoweliena.com 2 Attachments Bunnell - CDOT, Mark Sep 29, 2020, 4:01 PM to me, Brian, Tom, Kari Kent, The Methodology does not state what the project is; please add this to the Project Description and resubmit. Thanks, Mark Bunnell, PE, PTOE Resident Engineer Region 3 Traffic and Safety COLORADO Departrr►ent of Transportation P 970.683.6276 1 C 970.640.2677 222 6th Street, Room 100 Grand Junction, CO 81501 mark. bunnell@state.co.us I www,codotaov I www.cotrip.org, 47 Kent Harbert <kent@mcdowelleng.com> Wed, Sep 30, 10:31 AM to Mark, Brian, Tom, Kari Mark, There is not a new project. This is an analysis of the buildout condition of the three intersections, requested by the Town of Vail because of concerns expressed by residents in the neighborhood and observed operational deficiencies. The current volumes at Booth Falls Road and North Frontage Road would trigger the requirement for turn lanes. The volumes at the other two intersections exceed their access permit volumes. The school will not be expanding their campus, but the analysis will be based on full capacity (6% above current enrollment). If you prefer, I can list the project as: Buildout analysis of Booth Falls Trailhead parking, Vail Mountain School, Booth Falls Road neighborhood and Katsos Ranch Road neighborhood. Thanks, Kent T. Kent Harbert, PE, PTOE Transportation / Traffic Engineer 970.812.6768 kent@mcdowellenci.com In cooperation with: McDowell Engineering Transportation Engineering Consultants Eagle • Broomfield • Grand Junction www.mcdowellenci.com Tom Kassmel ,,, Mark, me, Brian, Kari Sep 30, 2020, 10:54 AM Mark To add to Kent's description; This was triggered from the Town when it was determined that the school was operating with more students than they are permitted for under their Town Conditional Use permit. The school was approved for 330 students and is now operating at 445. This will require the school to renew their conditional use permit with an increase in student enrollments, requiring a traffic analysis and CDOT approval as necessary. Bunnell - CDOT, Mark to Tom, me, Brian, Kari 48 Sep 30, 2020, 3:36 PM Kent & Tom, Thanks for clarifying the purpose of the traffic study. No need to revise the Methodology; it is acceptable to CDOT. Thanks, Mark Bunnell, PE, PTOE Resident Engineer Region 3 Traffic and Safety COLORADO I WR DepaArr►ent of Transportation X;' �081--w P 970.683.6276 1 C 970.640.2677 222 6th Street, Room 100 Grand Junction, CO 81501 mark. bunnell@state.co.us I www,codotaov I www.cotrip.org, 49 BOOTH FALLS ROAD & 1-70 NORTH FRONTAGE ROAD 1 7 0 0 6 Date: Fri, Sep 04, 2020 0 1 18 2:35 PM 2 11 0 Count Period: 7:00 AM to 9:00 AM & 2:30PM to 4:30PM 3 0 0 eco Count Summaries 4 4 0 0 6 4 0 0 4 22 1-70 FRONTAGE RD 1-70 FRONTAGE RD 11 BOOTH FALLS RD 3 38 Interval 15 -min Rolling Eastbound 0 0 Westbound 14 1 0 Southbound 33 Start Total One Hour 15 LT TH RT LT TH RT 0 LT TH RT 3:00 PM 5 7:00 AM 1 0 0 0 2 3 0 0 0 1 7 5 7:05 AM 1 2 0 0 1 2 0 1 0 0 7 6 7:10 AM 2 1 0 0 1 0 0 0 0 0 4 8 7:15 AM 0 1 0 0 1 1 0 0 0 0 3 6 7:20 AM 3 0 0 0 1 0 0 1 0 0 5 4 7:25 AM 3 1 0 0 1 3 0 1 0 1 10 4 7:30 AM 7 0 0 0 4 0 0 1 0 0 12 4 7:35 AM 3 3 0 0 1 2 0 0 0 0 9 1 7:40 AM 6 2 0 0 1 5 0 2 0 0 16 4 7:45 AM 7 2 0 0 6 15 0 0 0 0 30 2 7:50 AM 8 1 0 0 3 20 0 0 0 1 33 1 7:55 AM 17 2 0 0 15 30 0 0 0 2 66 202 8:00 AM 13 3 0 0 20 36 0 0 0 1 73 268 8:05 AM 11 3 0 0 23 31 0 0 0 0 68 329 8:10 AM 7 1 0 0 28 8 0 2 0 0 46 371 8:15 AM 2 3 0 0 6 6 0 0 0 0 17 385 8:20 AM 4 0 0 0 5 1 0 1 0 1 12 392 8:25 AM 1 2 0 0 4 0 0 1 0 2 10 392 8:30 AM 1 4 0 0 3 2 0 2 0 1 13 393 8:35 AM 4 5 0 0 1 1 0 1 0 1 13 397 8:40 AM 3 0 0 0 5 0 1 0 3 12 393 8:45 AM 1 3 0 0 8 4 1 0 3 20 383 8:50 AM 2 2 0 0 6 0 1 0 2 13 363 8:55 AM 2 2 0 0 4 4 4 0 2 18 315 AM Total (7:00 - 9:00) 109 43 0 0 150 174 20 0 21 517 AM Peak (7:40 - 8:40) 81 28 0 0 115 155 9 0 9 397 2:30 PM 1 7 0 0 6 2 1 0 1 18 2:35 PM 2 11 0 0 6 4 3 0 0 26 2:40 PM 4 4 0 0 6 4 0 0 4 22 2:45 PM 9 10 0 0 11 5 0 0 3 38 2:50 PM 3 5 0 0 9 14 1 0 1 33 2:55 PM 3 15 0 0 7 10 0 0 2 37 3:00 PM 5 5 0 0 10 5 0 0 1 26 3:05 PM 5 10 0 0 15 5 1 0 2 38 3:10 PM 6 4 0 0 17 22 2 0 3 54 3:15 PM 8 11 0 0 28 10 1 0 2 60 3:20 PM 6 7 0 0 19 7 0 0 2 41 3:25 PM 4 11 0 0 11 1 2 0 1 30 423 3:30 PM 4 4 0 0 14 2 0 0 3 27 432 3:35 PM 4 7 0 0 12 2 2 0 0 27 433 3:40 PM 1 4 0 0 12 1 2 0 3 23 3:45 PM 4 5 0 0 9 2 2 0 0 22 418 3:50 PM 2 7 0 0 4 2 2 0 2 19 404 3:55 PM 1 6 0 0 11 3 1 0 3 25 392 4:00 PM 3 10 0 0 7 3 1 0 1 25 391 4:05 PM 0 7 0 0 7 2 4 0 1 21 374 4:10 PM 1 11 0 0 5 3 0 0 0 20 340 4:15 PM 0 9 0 0 10 0 5 0 1 25 305 4:20 PM 1 8 0 0 5 1 1 0 0 16 280 4:25 PM 1 7 0 0 9 0 1 0 2 20 270 PM Total (2:30 - 4:30) 78 185 0 0 250 110 32 0 38 693 PM Peak (2:45 - 3:45) 58 93 0 0 165 84 11 0 23 434 6711 SCHOOL EXIT & 1-70 NORTH FRONTAGE ROAD 0 6 0 0 7 0 Date: Fri, Sep 04, 2020 1 15 2:35 PM 0 14 0 0 9 Count Period: 7:00 AM to 9:00 AM & 2:30PM to 4:30PM 0 24 Ld�" 0 Count Summaries 0 0 11 0 0 0 0 14 2:45 PM 0 1-70 FRONTAGE RD 1-70 FRONTAGE RD VAIL MOUNTAIN SCHOOL EXIT 29 Interval min Rolling Eastbound 0 21 Westbound 0 0 Southbound 28 Start T Total One Hour 15 LT TH RT LT TH RT LT TH RT 3:00 PM 7:00 AM 0 0 0 0 5 0 0 0 0 5 7:05 AM 0 3 0 0 3 0 0 0 0 6 51 7:10 AM 0 0 0 0 1 0 0 0 0 1 11 7:15 AM 0 0 0 0 4 0 0 0 0 4 0 7:20 AM 0 2 0 0 1 0 0 0 0 3 19 7:25 AM 0 2 0 0 6 0 0 0 0 8 0 7:30 AM 0 1 0 0 2 0 1 0 1 5 14 7:35 AM 0 2 0 0 3 0 0 0 1 6 0 7:40 AM 0 3 0 0 8 0 1 0 1 13 0 7:45 AM 0 1 0 0 15 0 5 0 5 26 6 7:50 AM 0 6 0 0 24 0 7 0 3 40 0 7:55 AM 0 1 0 0 32 0 16 0 18 67 184 8:00 AM 0 4 0 0 37 0 16 0 19 76 255 8:05 AM 0 3 0 0 34 0 15 0 21 73 322 8:10 AM 0 2 0 0 11 0 14 0 23 50 371 8:15 AM 0 3 0 0 6 0 3 0 6 18 385 8:20 AM 0 1 0 0 5 0 1 0 1 8 390 8:25 AM 0 3 0 0 4 0 1 0 1 9 391 8:30 AM 0 4 0 0 6 0 0 0 0 10 396 8:35 AM 0 5 0 0 2 0 1 0 1 9 399 8:40 AM 0 2 0 0 7 0 0 0 0 9 395 8:45 AM 0 4 0 0 11 0 0 0 0 15 384 8:50 AM 0 3 0 0 6 0 1 0 0 10 354 8:55 AM 0 5 0 0 10 0 1 0 0 16 303 AM Total (7:00 - 9:00) 0 60 0 0 243 0 83 0 101 487 AM Peak (7:40 - 8:40) 0 36 0 0 184 0 80 0 99 399 2:30 PM 0 6 0 0 7 0 1 0 1 15 2:35 PM 0 14 0 0 9 0 1 0 0 24 2:40 PM 0 3 0 0 11 0 0 0 0 14 2:45 PM 0 11 0 0 18 0 0 0 0 29 2:50 PM 0 7 0 0 21 0 0 0 0 28 2:55 PM 0 15 0 0 22 0 0 0 0 37 3:00 PM 0 5 0 0 22 0 7 0 2 36 3:05 PM 0 16 0 0 15 0 11 0 9 51 3:10 PM 0 4 0 0 13 0 22 0 11 50 3:15 PM 0 10 0 0 18 0 21 0 21 70 3:20 PM 0 8 0 0 12 0 19 0 13 52 3:25 PM 0 11 0 0 7 0 8 0 6 32 438 3:30 PM 0 4 0 0 14 0 4 0 6 28 451 3:35 PM 0 10 0 0 9 0 3 0 6 28 455 3:40 PM 0 6 0 0 7 0 5 0 8 26 3:45 PM 0 6 0 0 6 0 2 0 4 18 456 3:50 PM 0 7 0 0 3 0 3 0 3 16 444 3:55 PM 0 8 0 0 12 0 0 0 3 23 430 4:00 PM 0 14 0 0 7 0 1 0 2 24 418 4:05 PM 0 9 0 0 10 0 4 0 1 24 391 4:10 PM 0 12 0 0 4 0 0 0 2 18 359 4:15 PM 0 14 0 0 10 0 4 0 1 29 318 4:20 PM 0 7 0 0 2 0 1 0 1 11 277 4:25 PM 0 9 0 0 8 0 3 0 4 24 269 PM Total (2:30 -4:30) 0 216 0 0 267 0 120 0 104 707 PM Peak (2:45 - 3:45) 0 107 0 0 178 0 100 0 82 467 62 KATSOS RANCH ROAD & 1-70 NORTH FRONTAGE ROAD 1 8 0 0 Date: Fri, Sep 04, 2020 0 0 0 16 2:35 PM 0 12 Count Period: 7:00 AM to 9:00 AM & 2:30PM to 4:30PM 0 0 0 Ldal� 22 Count Summaries 2:40 PM 1 7 0 0 8 0 1 0 1 18 1-70 FRONTAGE RD 1-70 FRONTAGE RD KATSOS RANCH RD 0 0 Interval min Rolling Eastbound 0 10 Westbound 0 21 Southbound 0 Start T Total One Hour LT TH RT LT TH RT LT TH RT 0 1 7:00 AM 0 0 0 0 5 2 0 0 0 7 0 7:05 AM 0 2 0 0 3 3 0 0 0 8 1 7:10 AM 1 0 0 0 2 2 0 0 0 5 0 7:15 AM 0 0 0 0 2 0 1 0 0 3 16 7:20 AM 0 2 0 0 1 0 0 0 0 3 0 7:25 AM 0 2 0 0 7 1 0 0 0 10 0 7:30 AM 1 1 0 0 2 1 0 0 0 5 12 7:35 AM 0 2 0 0 3 0 0 0 0 5 1 7:40 AM 0 4 0 0 7 4 0 0 0 15 3:40 PM 7:45 AM 0 6 0 0 15 2 1 0 1 25 7:50 AM 1 8 0 0 24 4 1 0 0 38 18 7:55 AM 0 18 0 0 32 2 0 0 0 52 176 8:00 AM 2 18 0 0 37 1 0 0 0 58 227 8:05 AM 0 16 0 0 35 1 0 0 0 52 271 8:10 AM 0 16 0 0 11 1 0 0 0 28 294 8:15 AM 0 9 0 0 5 1 0 0 0 15 306 8:20 AM 0 1 0 0 6 2 0 0 0 9 312 8:25 AM 0 4 0 0 4 1 1 0 0 10 312 8:30 AM 0 4 0 0 6 1 0 0 0 11 318 8:35 AM 0 6 0 0 2 0 0 0 0 8 12 8:40 AM 0 2 0 0 6 1 0 0 0 9 315 8:45 AM 1 3 0 0 11 0 0 0 0 15 305 8:50 AM 1 3 0 0 6 1 0 0 0 11 278 8:55 AM 0 6 0 0 8 1 2 0 2 19 245 AM Total (7:00 - 9:00) 7 133 0 0 240 32 6 0 3 421 AM Peak (7:40 - 8:40) 3 110 0 0 184 20 3 0 1 321 2:30 PM 1 8 0 0 7 0 0 0 0 16 2:35 PM 0 12 0 0 10 0 0 0 0 22 2:40 PM 1 7 0 0 8 0 1 0 1 18 2:45 PM 0 9 0 0 17 0 0 0 0 26 2:50 PM 0 10 0 0 21 0 0 0 0 31 2:55 PM 1 12 0 0 19 2 0 0 1 35 3:00 PM 1 11 0 0 25 0 0 0 0 37 3:05 PM 1 21 0 0 16 0 1 0 0 39 3:10 PM 0 27 0 0 15 0 1 0 0 43 3:15 PM 2 30 0 0 16 1 2 0 1 52 3:20 PM 0 30 0 0 11 0 4 0 1 46 3:25 PM 0 16 0 0 6 0 2 0 0 24 389 3:30 PM 0 12 0 0 10 0 1 0 2 25 398 3:35 PM 1 10 0 0 8 0 4 0 0 23 399 3:40 PM 0 10 0 0 6 0 2 0 1 19 3:45 PM 1 8 0 0 5 0 3 0 1 18 392 3:50 PM 0 9 0 0 4 1 1 0 0 16 377 3:55 PM 1 9 0 0 9 1 0 0 2 22 364 4:00 PM 0 9 0 0 8 1 0 0 0 18 345 4:05 PM 0 15 0 0 8 0 2 0 2 27 333 4:10 PM 0 12 0 0 4 0 1 0 0 17 307 4:15 PM 2 17 0 0 9 0 5 0 0 33 288 4:20 PM 0 7 0 0 4 0 0 0 0 11 253 4:25 PM 0 13 0 0 7 0 0 0 0 20 249 PM Total (2:30 -4:30) 12 324 0 0 253 6 30 0 12 638 PM Peak (2:45 - 3:45) 6 198 0 0 170 3 17 0 6 400 6% / so _ \ •. .} : � @ City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: April 12, 2021 ITEM/TOPIC: A request for a review of a Floodplain Modification Permit, pursuant to Section 14-6-6, Grading Standards, and Section 12-21-11, Flood Hazard Zones, Vail Town Code, to allow for grading and a modification within the Gore Creek 100 -year floodplain, for the realignment of the Gore Valley Trail, in the vicinity of the Lionshead Ski Yard, located at parcel (210107219003)/Tract B, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC21-0012) ATTACHMENTS: File Name Staff Memorandum.pdf Description Staff Memorandum Attachment A. Narrative from Department of Attachment A. Narrative from Department of Public Works and Transportation March 3 2021.pdf Public Works and Transportation, March 3, 2021 Attachment B. Hydraulics Memorandum Otak January 6 2021.pdf Attachment C. Plan Set January 2021.pdf Attachment B. Hydraulics Memorandum, Otak, January 6, 2021 Attachment C. Plan Set, January 2021 0) rowN of vain Memorandum To: Planning and Environmental Commission From: Community Development Department Date: April 12, 2021 Subject: A request for a review of a Floodplain Modification Permit, pursuant to Section 14-6- 6, Grading Standards, and Section 12-21-11, Flood Hazard Zones, Vail Town Code, to allow for grading and a modification within the Gore Creek 100 -year floodplain, for the realignment of the Gore Valley Trail, in the vicinity of the Lionshead Ski Yard, located at parcel (210107219003)/Tract B, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC21-0012) Applicant: Vail Corp Fixed Assets Department, represented by Town of Vail Planner: Jonathan Spence I. SUMMARY The applicant, The Vail Corp Fixed Assets Department, represented by Town of Vail, is requesting a review of a Floodplain Modification Permit, pursuant to Section 14-6-6, Grading Standards, and Section 12-21-11, Flood Hazard Zones, Vail Town Code, to allow for grading in and a modification of the Gore Creek 100 -year floodplain, for the realignment of the Gore Valley Trail. The proposed improvements within the floodplain are limited to a single 36" square bridge pier. The location of the pier does result in the modification to the floodplain but no increase in the base floodplain elevation. Based upon Staffs review of the criteria outlined in Section IV of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval of this application, subject to the findings noted in Section V. II. DESCRIPTION OF THE REQUEST The applicant, The Vail Corp Fixed Assets Department, represented by Town of Vail, is requesting a review of a Floodplain Modification Permit, pursuant to Section 14-6-6, Grading Standards, and Section 12-21-11, Flood Hazard Zones, Vail Town Code, to allow for grading in and a modification of the Gore Creek 100 -year floodplain, for the realignment of the Gore Valley Trail. A narrative from the Department of Public Works and Transportation, March 3, 2021 (Attachment A), Hydraulics Memorandum, Otak, January 6, 2021, (Attachment B), and the Plan Set, January 2021 (Attachment C) are attached for reference. III. BACKGROUND The Gore Valley Trail is the primary recreation trail through Vail from the connection with the Eagle Valley Trail near Highway 6/24 in the west and the Vail Pass trail in the east. The recreation trail is managed by the Town and passes through Vail Corporation owned property in the Lionshead area. The existing route of the recreation trail through the Lionshead ski base area creates conflicts with other uses during the busy summer season, creating congestion and safety concerns. It is important to note that, currently, the Gore Valley Trail through the Lionshead ski base area is a summer only recreational facility. The trail section is closed during the ski season between Tree Tops and the Antlers Lodge. In November 2019 the Vail Town Councill awarded a consulting contract with Otak to perform a feasibility analysis to identify possible opportunities and costs for the realignment of recreation path. Otak completed the feasibility analysis and prepared a series of alternate design solutions which were reviewed by Vail Resorts and presented to the Town Council on April 21, 2020. Vail Resorts acknowledges the significant benefit this project brings to the base area operations, guest experience and trail user safety. Vail Resorts has been and intends to continue to be a financial partner in this project. Vail Resorts acknowledges it remains the responsibility of the Town Council to select the preferred alternative and timing for moving forward with the project. The project area was broken into 3 segments with alternatives and options for each section that could be mixed and matched according to the Council preferences. Section 1 is the portion of the Gore Valley Trail immediately west of the Lionshead ski base and running under the Skier Bridge. Section 2 is the area between the Skier Bridge and the Magic Carpet/Mini Golf area and runs beneath the Eagle Bahn Gondola and Born Free Express lift, Chair 8, cables. Because most of the project impacts are in Section 2, this section is addressed first in this discussion. Section 3 is the area between the Magic Carpet and the connection to the remainder of the Gore Valley Trail running east toward the Vail Library. Please see the graphic below: Town of Vail Page 2 Section 2 Four alternatives were presented for Section 2 which included 3 bridge configurations and 1 on -grade trail configuration passing below the Gondola and Chair 8 lift cables. Alternative 2.2, Articulated 3 -Span Bridge was the selected alternative for its balance between aesthetics, cost, and site impacts. This alternative consists of three prefabricated, steel bridge sections in lengths which vary between 49' and 81'. The bridge sections are supported on 2 intermediate piers which serve as angle points between the sections and 2 simple abutments on each end. Beginning just west of the entrance to the magic carpet on the east and passing just outside and approximately 9' below the Gondola safety net, the total length of the bridge is 208'. The width of the bridge is 12' with a 54" high steel truss railing. The grade of the bridge is essentially flat. The articulated alignment allows the bridge to by-pass the large spruce tree and adds visual interest to the alignment. Section 1 Three alternatives for Section 1, which is the portion of the Gore Valley Trail west of Section 2 beneath the Skier Bridge, were presented to the Council. These included reconnecting to the existing trail immediately west of the bridge and the reconstruction of approximately 200' of existing trail with a maximum slope of 13% and construction of new Town of Vail Page 3 trail at a maximum slope of 8%. The third alternative included reestablishing a pedestrian connection to the Lionshead Village at the Skier Bridge. Alternative 1.2 and 1.3, Reduced Grade and Stair Way Connection, were selected as significant improvements to user safety and experience. Section 3 Four alternatives were considered by Staff and the design team for Section 3, which routes the trail around the magic carpet/mini-golf area and reconnects it to the Gore Valley Trail to the east. The alternatives considered were similar in scope and site impacts. Alternative 3.3, which reconnects the trail in approximately the same location as the existing alignment and provides additional trail width and striping at conflict points, was selected as the preferred alternative. Discussion of Section 3 included a question regarding what to do with the existing pedestrian bridge which accesses the Designated Open Space parcel on the south side of the creek. Council directed staff to retain the existing bridge and provide a connection to it from the realigned Gore Valley Trail. IV. REVIEW CRITERIA The applicant is requesting the review of a floodplain modification under the provisions of Chapter 14-6, Grading Standards, Vail Town Code. This proposal includes grading and the placement of one structural pier within the floodplain Staff has included the criteria for the review of a floodplain modification request below: (1) The effects upon the efficiency or capacity of the floodway. The proposed improvements are designed so that there will be no impact to the efficiency or capacity of the floodway. Although the placement of the pier does modify floodplain it does not result in an increase in the base flood elevation. (2) The effects upon persons and personal property upstream, downstream and in the immediate vicinity. The placement of the pier and the resulting impact to the mapped floodplain will have no effects on properties in the immediate vicinity. The proposed improvement does not result in an increase in the base flood elevation. (3) The effects upon the 100 -year flood profile and channel stability. The 100 -year floodplain line will be altered slightly, but no adverse effects upon the efficiency or capacity of the floodway are anticipated because of the proposed improvements. (4) The effects upon any tributaries to the mainstream, drainage ditches and any Town of Vail Page 4 other drainage facilities or systems. The location of the proposed project is not in the vicinity of any tributaries, drainage ditches, or other drainage facilities. Therefore Staff does not believe there are any negative effects on these elements. (5) The danger to life and property due to flooding or erosion damage. The proposed project does not result in any increase in the probability of flooding or erosion damage. The dangers to life and property are not affected. (6) The susceptibility of the proposed improvement and its contents to flood damage and the effect of such damage on the individual owner. The improvement should not increase the susceptibility of the project area to flood damage and damage to Vail Resorts property. (7) The danger that materials may be swept onto other lands to the injury of others. The proposed pier is designed to withstand flood forces and will not be a danger resulting in injuries to others. (8) The compatibility of the proposed use with existing and anticipated development. The proposed realignment of the Gore Valley Trail has been designed to integrate into the existing development while removing many of the previous conflicts. (9) The safety of access to the property in times of flood for ordinary and emergency vehicles. The proposed improvements do not negatively affect the current level of access for emergency vehicles to the site. (10) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems. The proposed improvements have no bearing on the need for future governmental services and improvements. (11) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site. The proposed improvements have no impacts as the result of increased heights, velocity, duration, rate of rise and sediment transport of the Town of Vail Page 5 floodwaters and the effects of wave action at this site. (12) The effect the proposed changes will have any adverse environmental effect on the watercourse including, without limitation, erosion of stream banks and stream side trees and vegetation and wildlife habitat. The proposed improvements will not have any adverse environmental impacts as confirmed by the consultant's report. (13) The necessity to the facility of a waterfront location, where applicable. The proposed pier is necessary in this location for the proposed alignment of the Gore Valley Trail. (14) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. Given the alternatives, this re -alignment was chosen as the preferred option taking into account environmental conditions and project goals. (15) The relationship of the proposed use to the comprehensive plan for that area. This proposal meets the intent of Vail's Comprehensive Plan for this area, by improving this recreational amenity for Vail residents and guests. Staff believes this application meets the criteria for approval of a Floodplain Modification Permit. The Vail Floodplain Manager, Tom Kassmel, has also reviewed all materials and agrees with Staff's recommendation. V. STAFF RECOMMENDATION The Community Development Department recommends approval of a Floodplain Modification Permit, pursuant to Section 14-6-6, Grading Standards, and Section 12-21- 11, Flood Hazard Zones, Vail Town Code, to allow for grading and a modification within the Gore Creek 100 -year floodplain, for the realignment of the Gore Valley Trail, in the vicinity of the Lionshead Ski Yard, located at parcel (210107219003)/Tract B, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC21-0012) This recommendation is based upon the review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this Floodplain Modification Permit request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves of a Floodplain Modification Permit, pursuant to Section 14-6-6, Grading Standards, and Section 12-21-11, Flood Hazard Zones, Vail Town Code, to allow for grading and a modification within the Gore Creek 100 -year floodplain, for the realignment of the Gore Valley Trail, in the vicinity of Town of Vail Page 6 the Lionshead Ski Yard, located at parcel (210107219003)/Tract B, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC21-0012)" Should the Planning and Environmental Commission choose to approve this Floodplain Permit request, the Community Development Department recommends the Commission makes the following findings: "Based upon a review of Section V of the Staff's April 12, 2021, memorandum to the Planning and Environmental Commission and the evidence and testimony presented, the Planning and Environmental Commission finds.- (1) inds: (1) That the proposed use or modification adequately addresses the findings in subsection E3a of this section, as determined by the floodplain administrator, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved; (2) That the proposed use or modification is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town, and (3) That the proposed use or modification is compatible with and suitable to adjacent uses and appropriate for the surrounding areas, and (4) That the proposed use or modification 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." VI. ATTACHMENTS A. Narrative from Department of Public Works and Transportation, March 3, 2021 B. Hydraulics Memorandum, Otak, January 6, 2021 C. Plan Set, January 2021 Town of Vail Page 7 TOWN OF 0) VAIL 1309 Elkhorn Drive Vail, Colorado 81657 vailgov.com Public Works/Transportation Department 970.479.2158 970.479.2166 fax MEMORANDUM To: Vail Planning and Environmental Commission (PEC) From: Vail Department of Public Works and Transportation Date: March 3, 2021 RE: Narrative for Floodplain Modification Permit associated with the realignment of the Gore Valley Trail through the Lionshead Base Area. The purpose of this item is to request a floodplain modification permit for the construction of a single 36" square bridge pier resulting in a minor floodplain encroachment with no increase in floodplain elevation. On June 8, 2020 staff and members of the consulting engineering firm Otak provided an informational update to the PEC on the proposed alignment of the Gore Valley Trail in the vicinity of the Lioinshead Base Area. The proposed alignment includes a 3 -span bridge beneath the lift cables. Otak has progressed the design of the bridge sections and associated bridge abutments and intermediate bridge support piers. To fit the bridge sections beneath the lift cables and around the Gondola Building the western bridge support pier needs to be located just inside the 100 -Year Floodplain Line approximately 100 feet upstream of the Lionshead Skier Bridge. The location of the bridge pier results in a modification of the 100 -Year Floodplain Line only with no increase in floodplain elevation. The accompanying Hydraulics Memorandum and Bridge Layout provide additional supporting detail regarding the request. Otak iii ► Memorandum To: Tom Kassmel — Town of Vail From: C- Gary Wolff, PE, D.WRE, CFM Copies: Todd Oppenheimer — Town of Vail Date: January 6, 2021 Subject: Gore Valley Trail — Lionshead Realignment, Hydraulic Analysis Project No.: 19507 This memorandum documents the hydraulic analysis performed in support of "no -rise" for the Gore Valley Trail project in Vail, Colorado along Gore Greek. Project Overview & Background The Gore Valley Trail project proposes to realign the trail at the Eagle Bahn Gondola and as part of the realignment, a 36" pier is proposed to be placed in the 100 -yr floodplain. Figure 1 shows the trail realignment and pier location within the 100 -year floodplain. 1 � s� T.�a.;. ..�i�,,� � ` � •. Mr i . a- _. �}�--- ,'L I.. �ODPLA Nr. Figure 9: Proposed Trail Realignment This project is located within the FEMA FIRM panel number 08037CO469D which became effective December 4, 2007. This project is within a FEMA Special Flood Hazard Area (SFHA) Zone AE which has a regulatory floodplain and floodway. The floodway width matches the floodplain width along this stretch of Gore Creek. This hydraulic analysis was completed to examine what, if any, effect the proposed pier would have on the 100 -yr water surface elevation. 371 Centennial Parkway, Suite 210, Louisville, Colorado 80027 - Phone (303) 444-2073 - otak.com I I �•_.., �.w., - _ a .�, BRIDGE COLUMN IN THE FLOODPLAIN Y -_ ; ✓ /' S � I 1 � s� T.�a.;. ..�i�,,� � ` � •. Mr i . a- _. �}�--- ,'L I.. �ODPLA Nr. Figure 9: Proposed Trail Realignment This project is located within the FEMA FIRM panel number 08037CO469D which became effective December 4, 2007. This project is within a FEMA Special Flood Hazard Area (SFHA) Zone AE which has a regulatory floodplain and floodway. The floodway width matches the floodplain width along this stretch of Gore Creek. This hydraulic analysis was completed to examine what, if any, effect the proposed pier would have on the 100 -yr water surface elevation. 371 Centennial Parkway, Suite 210, Louisville, Colorado 80027 - Phone (303) 444-2073 - otak.com Page 2 January 6, 2021 Hydraulic Modeling Hydraulic modeling was performed using HEC -RAS v5.0.7 to support this analysis. The effective model was provided by the Town of Vail to use in this analysis. The model is not georeferenced and the Flood Insurance Study (FIS) was used to orient in the model. The pier that will be placed in the floodplain is located 160' upstream of the pedestrian Skier Bridge on the right bank. For the existing conditions model, an additional cross section was added to the model at the pier location to represent the local topography not captured in the effective model cross sections. The new cross section is located at station 149.4. The topography used for this analysis was based on channel and overbank survey conducted in November 2019 and updated in October 2020 by Peak Land Consultants. The survey did not capture the left channel bank so a 2H:1 V slope was estimated based on upstream and downstream conditions and site photos. Manning's n values were matched to the upstream and downstream cross sections where the channel n value is represented as 0.04 and the overbank n value is 0.05. The hydrology for this analysis was maintained from the effective study. For the purposes of "no -rise", the 100 - year flow event was used. At the project location, the 100 -year flow is 2,310 cfs. To analyze the effect that the proposed bridge pier will have on the 100 -year water surface elevation, a 36 -inch wide blocked obstruction was added to the proposed conditions model on cross section 149.4 (Figure 2). This blocked obstruction represents the pier that will be placed in the floodplain as part of the trail project. Figure 2: Proposed Cross Section 149.4 with Pier on River Right NEW Gore Creek and Upper Gore Plan: Proposed Conditions_2021_0105 1/5/2021 Otak XS for pier .05 .04 .05 8115 Legend WS 100Year Ground • Ba nk Sta 8110- 8105 0 m W 8100- 10080958090 8095- 8090 40 -20 0 20 40 60 80 Station (ft) Figure 2: Proposed Cross Section 149.4 with Pier on River Right Page 3 January 6, 2021 Res u Its Adding a pier within the floodway is a small obstruction and when modeled, the affect is insignificant. There is no computed change in water -surface elevations between existing and proposed conditions. This is documented with the results tabulated in Table 1. Table 1: Water Surface Elevation Comparison This memorandum documents that the addition of a pier will have no impact on the 100 -year regulatory floodplain base flood elevations or along Gore Creek at published or unpublished cross sections. Water Surface Elevation (ft) River Station Existing Proposed Conditions Conditions Difference (ft) 149.7 8105.01 8105.01 0.00 149.5 8103.54 8103.54 0.00 149.4 8098.40 8098.40 0.00 149 8095.52 8095.52 0.00 This memorandum documents that the addition of a pier will have no impact on the 100 -year regulatory floodplain base flood elevations or along Gore Creek at published or unpublished cross sections. Izoz 'AavnWr - AavNIAl�dad I � II � III, jr; db•. ® � v v v \ a v VT \ \ l i� v / - I Q\ o av �� 7 % n 2 �m 7 U — 6fflll8'l3 Q I O 4 01 _ O Z d1ld 3 NIN - I I R II � I aua i I I III II�III II I � � I � li �I I 0000 p i II I I� vi v /yvvv /v 9'6 I f19tl 'j8 —\I z j i`�1\� -5�-- \�\II \\1\\` \\\\\\0 .d[b:b — I— 'LZ I\om 0S\ONO OSVouij 1— ji P'aq oil O-100'LOS6[\'m j0 mol\sWa,oid\p—qs\d Fo - 11 1 o _ \� 1 / —��iin■■i 0. o _ \� —��iin■■i uGoy oe s5o 'i AH- - _ '"Y- 0 g HE - _=ao �o - 600 ��a EYo og0 j11121 m6 ooh G��x O \ No<os sow—�sa�s /o.z, uGoy oe s5o 'i AH- - _ '"Y- 0 g HE - _=ao �o - 600 ��a EYo City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: April 12, 2021 ITEM/TOPIC: A request for a review of a variance from Section 14-6-7, Retaining Walls, Vail Town Code, to allow for a retaining wall in excess of six (6) feet in height and a variance from Section 14-10-4 Architectural Projections, Decks Balconies, Steps, Bay Windows etc., Vail Town Code, to allow an at grade patio and hot tub within the required 7.5' setback, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, located at 2945 Manns Ranch Road Unit A/Lot 4, Block 1, Vail Village Filing 13, and setting forth details in regard thereto. (PEC21-0013) The applicant has requested that this item be tabled to the April 26, 2021 meeting. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: April 12, 2021 ITEM/TOPIC: A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to clarify development standards stemming from annexation, located at 1637 Buffehr Creek Road/Lot 1, The Valley Subdivision Phase V, and setting forth details in regard thereto. (PEC21-0014) OTTOCHMFNTS- File Name PEC21-0014 Staff Memo.pdf Description PEC21-0014 Staff Memorandum [Attachement Al (Vicinity Map) [Attachment A] Vicinity Map Valley Subdivision Phase V Lot 1 - Buffehr Creek LLC - 1637 Buffehr Creek Rd - Subdivision - 20210405.pdf [Attachment Bl 1637 BC Subdivision.pdf [Attachment Cl P1.pdf [Attachment B] Applicant Narrative [Attachment C] Amended Final Plat TOWN OF Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 12, 2021 SUBJECT: A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to clarify development standards stemming from annexation, located at 1637 Buffehr Creek Road/Lot 1, The Valley Subdivision Phase V, and setting forth details in regard thereto. (PEC21-0014) Applicant: 1637 Buffehr LLC, represented by Mauriello Planning Group Planner: Erik Gates SUMMARY The applicant, 1637 Buffehr LLC, represented by Mauriello Planning Group, is requesting the review of a Minor Subdivision, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to clarify development standards stemming from annexation, located at 1637 Buffehr Creek Road/Lot 1, The Valley Subdivision Phase V. 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 approval, with a condition of this application, subject to the findings in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, 1637 Buffehr LLC, is requesting the review of a minor subdivision that, through a plat note, would simply clarify and detail development standards as they apply to this lot. This is being proposed in order to maintain the original development potential intended for this lot when it was created as part of a Planned Unit Development (PUD) and when later annexed into the Town of Vail, and to allow for a single family unit to be built with the same GRFA allotment as a duplex. All other development standards detailed in the plat note or unaddressed by the plat note are the same as those allowed by the Residential Cluster (RC) zone district. The proposed plat note is shown below in its entirety: 7. 20NING AND DEVELOPMENT STANDARDS APPLICABLE TO LOT 1: A) MAXIMUM OF TWO (2) DWELLING UNITS. B) SITE COVERAGE IS LIMITED TO 257' OF THE TOTAL LOT AREA, C) GROSS RESIDENTIAL FLOOR AREA MAXIMUM IS 4400 SO. FT, D) BUILDING SETBACKS REQUIRED ARE 25 FEET FRONT ANU 15 FEET SIDES AND REAR LOT LINES. E) BUILDING HEIGHT MAXIMUM IS 30 FEET FOR A FLAT ROOF AND 33 FEET FOR A SLOPING ROOF. F) LANDSCAPE AREA MINIMUM IS 607. OF TOTAL LOT AREA, G) DEVELOPMENT OF STRUCTURES AND IMPROVEMENTS IS ALLOWED ON S! OPEE OF 40% OR GREATER. A vicinity map (Attachment A), the applicant's narrative (Attachment B), and the proposed plat (Attachment C) are attached for review. III. BACKGROUND The subject property, along with the rest of what is currently The Valley Subdivision Phase V, was originally created as part The Valley - Phase V PUD in Eagle County on October 29th, 1980. The development standards for lots in this PUD at the time were the same as those proposed in the plat note for this application, with the exception that each dwelling unit was limited to 2200 sq. ft. of GRFA total. On December 31 st, 1980, this area under The Valley - Phase V PUD was annexed into the Town of Vail. While this annexation would have dissolved the PUD from this subdivision, the rezoning ordinance for this area dated July 2nd, 1981, specified that development standards from the previous county approvals would be carried over and applied to lots within the former PUD. Development standards not covered by previous County approval would fall under the provision of the Residential Cluster (RC) zoning district, explaining the current listed underlying zoning. In this same ordinance it was required that changes to density regulations be reviewed by the Planning and Environmental Commission. As for Lot 1, The Valley Subdivision Phase V, itself, no development has been approved for the site since annexation. The current proposal maintains the former PUD's development standards with a small change allowing for a single-family home to have access to 4400 sq. ft. of GRFA. IV. APPLICABLE PLANNING DOCUMENTS Staff finds the following provisions of the Vail Town Code relevant to the review of this proposal: Title 12 — Zoning Regulations, Vail Town Code Chapter 6, Article E. Residential Cluster (RC) District (in part) 12-6E-1: PURPOSE.- The URPOSE: The residential cluster district is intended to provide sites for single-family, two- family, and multiple -family dwellings at a density not exceeding six (6) dwelling units Town of Vail Page 2 per acre, together with such public facilities as may appropriately be located in the same zone district. The residential cluster district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with residential occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. 12-6E-2: PERMITTED USES.- The SES: The following uses shall be permitted in the RC district.- Employee istrict: Employee housing units, as further regulated by chapter 13 of this title. Multiple -family residential dwellings, including attached or row dwellings and condominium dwellings with no more than four (4) units in any new building. Single-family residential dwellings. Two-family residential dwellings. 12-6E-5: LOT AREA AND SITE DIMENSIONS.- The IMENSIONS: The minimum lot or site area shall be fifteen thousand (15, 000) square feet, containing no less than eight thousand (8,000) square feet of buildable area. Each site shall have a minimum frontage of thirty feet (30). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80) on each side within its boundaries. 12-6E-6: SETBACKS.- In ETBACKS: In the RC district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be fifteen feet (15), and the minimum rear setback shall be fifteen feet (15). 12-6E-7: HEIGHT. For a flat roof or mansard roof, the height of buildings shall not exceed thirty feet (30). For a sloping roof, the height of buildings shall not exceed thirty three feet (33)_ 12-6E-8: DENSITY CONTROL.- A. ONTROL: A. Gross Residential Floor Area: Not more than thirty six (36) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. Total density shall not exceed six (6) dwelling units per acre of buildable site area. Town of Vail Page 3 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. B. Exemptions: All projects that have received final design review board approval as of December 19, 1978, shall be exempt from the changes in this section as long as the project commences within one year from the date of final approval. If the project is to be developed in stages, each stage shall be commenced within one year after the completion of the previous stage. 12-6E-9: SITE COVERAGE: Site coverage shall not exceed twenty five percent (25%) of the total site area. 12-6E-10: LANDSCAPING AND SITE DEVELOPMENT: At least sixty percent (60%) of each site shall be landscaped. 12-6E-11: PARKING: Off street parking shall be provided in accordance with chapter 10 of this title. No parking shall be located in any required front setback area, except as may be specifically authorized in accordance with chapter 17 of this title. At least one parking space per dwelling unit shall be located within the main building or buildings or within an accessory garage whenever the development is reasonable and appropriate for the site and is required by the design review board. Title 13 — Subdivision Regulations, Vail Town Code Chapter 1, General Provisions (in part) 13-1-2: PURPOSE: A. Statutory Authority: The subdivision regulations contained in this title have been prepared and enacted in accordance with Colorado Revised Statutes title 31, article 23, for the purpose of promoting the health, safety and welfare of the present and future inhabitants of the town. B. Goals: To these ends, these regulations are intended to protect the environment, to ensure efficient circulation, adequate improvements, sufficient open space and in general, to assist the orderly, efficient and integrated development of the town. These regulations also provide for the proper arrangement of streets and ensure proper distribution of population. The regulations also coordinate the need for public services with governmental improvement programs. Standards for design and construction of improvements are hereby set forth to ensure adequate and convenient Town of Vail Page 4 traffic circulation, utilities, emergency access, drainage, recreation and light and air. Also intended is the improvement of land records and surveys, plans and plats and to safeguard the interests of the public and subdivider and provide consumer protection for the purchaser; and to regulate other matters as the town planning and environmental commission and town council may deem necessary in order to protect the best interests of the public. C. Specific Purposes: These regulations are further intended to serve the following specific purposes.- 1. urposes: 1. To inform each subdivider of the standards and criteria by which development proposals will be evaluated, and to provide information as to the type and extent of improvements required. 2. To provide for the subdivision of property in the future without conflict with development on adjacent land. 3. To protect and conserve the value of land throughout the municipality and the value of buildings and improvements on the land. 4. To ensure that subdivision of property is in compliance with the town's zoning ordinance, to achieve a harmonious, convenient, workable relationship among land uses, consistent with town development objectives. 5. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serve the proposed subdivision. 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures. 7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard the water table and to encourage the wise use and management of natural resources throughout the town in order to preserve the integrity, stability and beauty of the community and the value of the land. 13-1-3: COMPLIANCE: A. General Prohibition: It is unlawful for any person, business, or corporation to violate any of the provisions of this chapter or to transfer, sell, lease or agree to sell or lease, any lot, tract, parcel, site, separate interest (including a Town of Vail Page 5 leasehold interest), interest in common, condominium interest, timeshare estate, fractional fee, or timeshare license, or any other division within a subdivision within the town until such subdivision has been approved in writing by the administrator, planning and environmental commission and/or the council (whichever is applicable) and a plat thereof recorded in the office of the Eagle County clerk and recorder; provided, however, that a written agreement to sell or lease which is expressly conditioned upon full compliance by the seller with the subdivision regulations of the town within a specified period of time and which expressly recites the seller's failure to satisfy such condition within such period of time shall terminate the agreement and entitle the buyer to the prompt return of all consideration heretofore paid by the buyer under such agreement, shall not constitute a violation of this subsection. B. Prohibitive Conveyance: No lot or parcel of land, nor any interest therein, shall be transferred, conveyed, sold, subdivided or acquired either in whole or in part, so as to create a new nonconforming lot, or to avoid or circumvent or subvert any provision of this chapter. C. Responsibility: The owner, developer, buyer, or seller shall be fully responsible for all acts of agents or employees thereof that are committed in violation of the terms of this chapter. Chapter 2, Definitions (in part) SUBDIVISION OR SUBDIVIDED LAND.- A. AND: A. Meaning.- 1. eaning: 1. A tract of land which is divided into two (2) or more lots, tracts, parcels, sites, separate interests (including leasehold interests), interests in common, or other division for the purpose, whether immediate or future, of transfer of ownership, or for building or other development, or for street use by reference to such subdivision or recorded plat thereof; or 2. A tract of land including land to be used for condominiums, timeshare units, or fractional fee club units, or 3. A house, condominium, apartment or other dwelling unit which is divided into two (2) or more separate interests through division of the fee or title thereto, whether by conveyance, license, lease, contract for sale or any other method of disposition. Town of Vail Page 6 B. Exceptions: Unless the method of land disposition is adopted for the purpose of evading this definition, the term "subdivision" as defined herein shall not apply to any of the following divisions of land or interests in land.- 1. and: 1. The division of land by order of any court in this state or by operation of law. 2. The division of land by a lien, mortgage, deed of trust or any other security instrument. 3. The division of land by a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity. 4. The division of land which creates an interest or interests in oil, gas or minerals which are now or hereafter severed from the surface ownership of real property. 5. The division of land by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common and any such interest shall be deemed for purposes of this definition as only one interest; provided, however, that no agreement exists, either recorded or unrecorded, between the cotenants allowing for the use and occupancy of the property by one or more cotenants to the exclusion of one or more cotenants during any period, whether annually recurring or not if such agreement is in any way binding or effective upon any assignee or future owner of a fractional fee interest or if such agreement continues to be in any way binding or effective upon any cotenant for the sale of any interest in the property. 6. The division of land by reason of the dissolution of a joint venture or business entity. C. Compliance: No subdivision shall be approved which includes elements not in conformance with the provisions of any applicable zoning ordinance or other ordinance of the town or law or regulations of the state. D. Major Subdivision: Any subdivision involving more than four (4) lots, or a subdivision proposal without all lots having frontage on a public or approved street, or with a request to extend municipal facilities in a significant manner, or a proposal which would negatively affect the natural environment as determined under section 12-12-2, "Applicability", of this code, or if the proposal would adversely affect the development of the remainder of the parcel or adjoining property. Town of Vail Page 7 E. Minor Subdivision: Any subdivision containing not more than four (4) lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property. F. Single -Family Subdivision: A subdivision of an existing lot, which is recognized by the town of Vail as a legally subdivided lot, and which shall contain a single-family or two-family dwelling. Each such dwelling shall be separated from any other dwelling by space on all sides. For zoning purposes, the lots created by a single-family subdivision shall be treated as one lot. Chapter 3, Section 4, Commission Review of Application, Criteria and Necessary Findings.- 13-3-4.- indings: 13-3-4: COMMISSION REVIEW OF APPLICATION; CRITERIA AND NECESSARY FINDINGS The planning and environmental commission shall conduct a public hearing on an application for a preliminary plan for subdivision. The planning and environmental commission shall consider the application, relevant additional materials, staff report and recommendations as well as any other comments or public information given at the hearing. The planning and environmental commission may discuss advisable changes to the proposed subdivision with the applicant. The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this chapter, the zoning ordinance and other pertinent regulations that the planning and environmental commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13-3-C of this chapter. A. Before recommending approval, approval with conditions or disapproval of the preliminary plan, the planning and environmental commission shall consider the following criteria with respect to the proposed subdivision.- 1. ubdivision: 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town, and 2. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, title 12, "Zoning Regulations", of this code, and other pertinent regulations that the planning and environmental commission deems applicable, and Town of Vail Page 8 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives, and 4. The extent of the effects on the future development of the surrounding area, and 5. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and 6. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines, and 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole, and 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features, and 9. Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision. B. Necessary Findings: Before recommending and/or granting an approval of an application for a major subdivision, the planning and environmental commission shall make the following findings with respect to the proposed major subdivision.- 1. ubdivision: 1. That the subdivision is in compliance with the criteria listed in subsection A of this section. 2. That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town. 3. That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas. 4. That the subdivision promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious Town of Vail Page 9 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. Chapter 4, Minor Subdivisions (in part) 13-4-2: PROCEDURE: The procedure for a minor subdivision shall be as follows.- A. ollows: A. Submission of Proposal; Waiver Of Requirements: The subdivider shall submit two (2) copies of the proposal following the requirements for a final plat in subsection 13-3-68 of this title, with the provision that certain of these requirements may be waived by the administrator and/or the planning and environmental commission if determined not applicable to the project. B. PEC Public Hearing: Within thirty (30) days of receiving the complete and correct submittal for a minor subdivision, the planning and environmental commission shall hold a public hearing to consider the final plat. The administrator shall cause a copy of a notice of the time, place and general nature of the hearing and proposal to be published in a newspaper of general circulation in the town at least fifteen (15) days prior to said hearing. Also, adjacent property owners to the proposed subdivision shall be notified in writing at least seven (7) days prior to the public hearing. C. Review and Action on Plat: The planning and environmental commission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one (21) days of the first public hearing on the minor subdivision or the minor subdivision will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreement between the planning and environmental commission and subdivider. The review shall be based on the criteria and necessary findings in section 13-3-4 of this title. D. Appeal: Within twenty (20) days the decision of the planning and environmental commission on the final plat shall be transmitted to the council by the staff. The council may call up the decision of the planning and environmental commission within twenty (20) days of the planning and environmental commission's action. If council appeals the planning and environmental commission decision, the council shall hear substantially the same presentation by the applicant as was heard at the planning and environmental commission hearing(s). The council shall have thirty (30) days to affirm, reverse, or affirm with modifications the planning and environmental commission decision, and the council shall conduct the appeal at a regularly scheduled council meeting. Town of Vail Page 10 V. ZONING AND SITE ANALYSIS Address: 1637 Buffehr Creek Rd. Legal Descriptions: The Valley - Phase V, Lot 1 Zoning: Residential Cluster (RC) Land Use Plan Designations: Open Space Current Land Uses: None Geological Hazards: Excessive Slopes (>40%), High Severity Rockfall Development Allowed in RC The Valley — Proposed Phase V PUD Standard Zone District Standards Standards Site Area Min. 15,000 SF 30,100 SF 30,100 SF Front: 20' Front: 25' Front: 25' Setbacks Sides: 15' Sides: 15' Sides: 15' Rear: 15' Rear: 15' Rear: 15' Height Flat: 30' Flat: 30' Flat: 30' Sloping: 33' Sloping: 33' Sloping: 33' GRFA 0 SF* 2,200 SF per DU 4,400 SF Density (DUs) 0 DUs* 2 DU 2 DU Site Coverage 25% of lot area 25% of lot area 25% of lot area Landscape Area 60% of lot area 60% of lot area 60% of lot area *Density in the RC district is based on buildable area. This site has steep slopes throughout. VI. SURROUNDING LAND USES AND ZONING Existing Land Use: Zoning District: North: Open Space Residential Cluster (RC) South: Residential SDD #16 Elk Meadows East: Open Space Residential Cluster (RC) West: Open Space Residential Cluster (RC) VII. REVIEW CRITERIA The following are review criteria for a minor subdivision, as outlined in Section 13-3-4, Commission Review of Application; Criteria and Necessary Findings, Vail Town Code: 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Staff finds that the proposed revision to the subdivision is consistent with all applicable elements of the adopted goals, objectives, and policies outlined in the Vail Town of Vail Page 11 Comprehensive Plan and is compatible with the development objectives of the town. Of note, several goals of the Vail Land Use Plan are applicable to this subdivision. Goal 1.6 of the Vail Land Use Plan states, "Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor." The proposed minor subdivision facilitates a low-density development on the same hillside where similar and often larger developments currently exist. In addition, this development is not visible from the floor of Vail Valley. Goal 1.7 states that new subdivisions should not be permitted in high geologic hazard areas. While this lot is within a rockfall hazard zone, the subdivision does not create any new lots from what was originally annexed into the Town of Vail. Furthermore, prior to any building permit approval, a development on this lot would be required to submit a site-specific geologic investigation per Section 12-21-13, Vail Town Code. Goal 5.1 states that residential growth should primarily occur in existing, platted areas. The Valley — Phase V subdivision was adopted into the Town of Vail with an identical layout to the PUD that it was originally constructed from. In this layout, Lots 1, 2, 3, & 4 (Lots 3 & 4 are now Lots A, B, & C and have been since built out) were intended for low density residential development with the surrounding Tract A to be set aside as open space. The proposed standards for Lot 1 are in line with this original PUD and the stipulations of the annexation ordinances requiring compliance with the PUD's standards. Staff finds the proposed subdivision meets this criterion. 2. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, title 12, "Zoning Regulations," of this code, and other pertinent regulations that the planning and environmental commission deems applicable; and As was specified in the rezoning ordinance, the development standards for this property are determined by the original PUD's development standards and by Residential Cluster (RC) zoning for any standards not addressed by the PUD. The proposed subdivision and plat note comply with all relevant zoning standards and the prior PUD development standards. The exception to this is in regard to the allowance of any structure to have 4,400 sq. ft. of GRFA. However, this allowance results in no change to the overall development potential of this lot, and it is consistent with how the Town treats single family homes on lots allowing duplexes throughout the rest of Vail. Staff finds the proposed subdivision meets this criterion. Town of Vail Page 12 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Staff finds that the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The existing development north side of Buffehr Creek road is uniformly single or two-family homes built on lots entirely or nearly entirely covered by steep slopes. In addition, the proposed plat note is consistent with the original PUD standards, and the PUD development standards were a factor when considering the development of Lots A, B, and C in the same subdivision. The only difference between this proposal and the original development conceived for this area is the allowance of a possible single-family home to have the full 4,400 sq. ft. of GRFA that would be allowed for a duplex on the same lot. This small change ultimately has no additional impact on land uses or development objectives in the Town. As a result, this application it is consistent with the land use intended for this area when it was first annexed into the Town. Staff finds the proposed subdivision meets this criterion. 4. The extent of the effects on the future development of the surrounding area; and This minor subdivision application only deals with the development potential of one lot and does not propose to change any lot lines. As a result, this subdivision will have no effect on the future development of the surrounding area. Staff finds the proposed subdivision meets this criterion. 5. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and Staff finds that the proposed subdivision will not cause any inefficiency in the delivery of public services and will not require duplication or premature extension of public services. The proposed subdivision will not result in a leapfrog development pattern because the subject lot is a part of an existing and partially built out subdivision. Staff finds the proposed subdivision meets this criterion. 6. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines; and Town of Vail Page 13 Staff finds that the proposed subdivision is already served by appropriately sized utility lines, resulting in no future land disruptions to upgrade undersized lines. Staff finds the proposed subdivision meets this criterion. 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and Staff finds that the proposed subdivision adjustment provides for the growth of an orderly viable community and serves the best interests of the community as a whole because it limits the development potential to that of something with very low density, keeping in character with the largely open hillside. Development of this scale and in this lot has also been contemplated and even approved since the early 1980s. The allowance for either a single family or a duplex to use the full 4,400 sq ft of GRFA will result in no difference in character or impact. Staff finds the proposed subdivision meets this criterion. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and The most significant potential impact identified by staff involves development into the hillside. However, development of the scale allowed by the proposed plat note is not uncommon on hillsides throughout Vail. While the underlying zoning is listed as Residential Cluster, the density that any development on this lot would be limited to as a result of the previous PUD's development standards and the proposed plat note is less than what would be even allowed under even Two -Family Residential zoning. With proper mitigation measures taken after being identified by what is a code required geologic study, any development enabled by this application would have sufficiently mitigated any hillside impacts. Staff finds that the proposed minor subdivision will not result in any adverse impacts to other natural environments, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, and other desirable natural features. Staff finds the proposed subdivision meets this criterion. 9. Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision. VIII. STAFF RECOMMENDATION Town of Vail Page 14 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 approval, with a condition, of a final plat pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to clarify development standards stemming from annexation, located at 1637 Buffehr Creek Road/Lot 1, The Valley Subdivision Phase V, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve this minor subdivision, the Community Development Department recommends the Planning and Environmental Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's request for a final plat, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, , to clarify development standards stemming from annexation, located at 1637 Buffehr Creek Road/Lot 1, The Valley Subdivision Phase V and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this variance, the Community Development Department recommends the Commission applies the following condition: "Prior to the submittal of any application for development on this property, the applicant shall have the approved final plat recorded with the Clerk and Recorder's office of Eagle County, Colorado" Should the Planning and Environmental Commission choose to approve this minor subdivision, the Community Development Departments recommends the Planning and Environmental Commission makes the following findings: "Based upon a review of Section VII of the April 12, 2021 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. That the subdivision is in compliance with the criteria listed in Section 13-3-4, Minor Subdivisions, Vail Town Code, and 2. That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town,- 3. own, 3. That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas, and 4. That the subdivision 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 Town of Vail Page 15 established character as a resort and residential community of the highest quality. " IX. ATTACHMENTS A. Vicinity Map B. Applicant Narrative C. Amended Final Plat, The Valley — Phase V, Lot 1, First Amendment Town of Vail Page 16 -?t �, I -- W 1637 Buffe.,hr ree oa a;., Lot t e ePhase 5��010 .,.menoed Finala at j'I'Y".Y .pin Application for a Minor Subdivision to Clarify Development Parameters Consultant Directory Developer/Owner 1634 Buffehr LLC Solaris Redevelopment Co. 141 E. Meadow Dr. Suite 211 Vail, CO 81657 970-331-5708 chad@solarisvail.com Planning and Entitlements Dominic Mauriello Mauriello Planning Group PO Box 4777 Eagle, CO 81657 970-376-3318 dominic@mpgvail.com 1637 Buffehr Creek Road Surveying Peak Land Consultants 1000 Lions Ridge Loop Vail, CO 81657 970-476-8644 brent@peakland.net Introduction The property located at 1637 Buffehr Creek Road / Lot 1, The Valley Phase V is owned by 1637 Buffehr LLC. The applicant is requesting a minor subdivision to clarify several of the development standards associated with the property that was established prior to annexation into the Town of Vail. The property was annexed into the Town of Vail by Ordinance 9, Series of 1987. Lot 1 was zoned Residential Cluster upon annexation into the Town of Vail by Ordinance 26, Series of 1987. Lot 1 was originally part of an approved Eagle County PUD and as part of the Annexation Agreement, the Town of Vail honored the existing development rights allowed by the PUD. Though information about the property is difficult to trace due to the transfer of jurisdiction, it appears that the original Eagle County approvals for the subdivision and PUD for the property occurred in 1980. The original Eagle County PUD, and various subsequent amendments, established development parameters for the lots within the Valley Phase V. Lot 1 was identified as a "duplex lot" and allowed 2 dwelling units, each at 2,200 sq. ft. of Gross Residential Floor Area (G RFA) as defined by the Zoning Resolution of Eagle County at that time (1980). Below is the description of the allowable site coverage and density permitted for the duplex lots: 1637 Buffehr Creek Road 3 (i) SITE COVERAGE AND DENSITY: A building situated onn a Duplex Unit Residential Lot and con- taining a dwelling, unit or dwelling units shall not exceed 25% lot coverage•, and each dwelling unit within such building shall not contain more than 2,200 square feet of G.R.F.A. The request for the minor subdivision is to clarify that a total of 4,400 sq. ft. of GRFA for Lot 1, regardless of if one or two dwelling units are constructed. No additional development potential is requested, and all other development standards remain as currently allowed by the original PUD. Additionally, some of the other development standards allowed by the original PUD are different than the standards allowed by the RC Zone District. For example, the lot is subject to a 25 ft. front setback instead of a 20 ft. as allowed by the RC Zone District. The original PUD calculated site coverage based upon total site area instead of buildable area. In order to make it clear for future owners and planners that the development standards are unique for this lot, these standards are now referenced on the proposed plat. The proposed plat note is provided below: 7. ZONING AND DEVELOPMENT STANDARDS APPLICABLE TO LOT 1: A) MAXIMUM OF TWO (2) DWELLING UNITS. B) SITE COVERAGE IS LIMITED TO 259 OF THE TOTAL LOT AREA. C) GROSS RESIDENTIAL FLOOR AREA MAXIMUM IS 4400 SQ. FT. D) BUILDING SETBACKS REQUIRED ARE 25 FEET FRONT AND 15 FEET SIDES AND REAR LOT LINES. E) BUILDING HEIGHT MAXIMUM IS 30 FEET FOR A FLAT ROOF AND 33 FEET FOR A SLOPING ROOF. F) LANDSCAPE AREA MINIMUM IS 60% OF TOTAL LOT AREA, 1637 Buffehr Creek Road 4 Zoning Analysis Property: 1637 Buffher Creek Road / Lot 1, Valley Phase V Zoning: Residential Cluster Hazards: High Severity Rockfall, >40% Slopes Lot Size: 0.691 acres Density: Lot 1 allowed 2 units GRFA: Total of 4,400 sq. ft. of GRFA Site Coverage: 25% Setbacks: 25 ft. front, 15 ft. sides and rear Height: 30 ft. flat/ 33 ft. sloping 1637 Buffehr Creek Road 5 Criteria for Review: Minor Subdivision A minor subdivision is reviewed under the criteria listed under Section 13-3-4 COMMISSION REVIEW OF APPLICATION; CRITERIA AND NECESSARY FINDINGS, Vail Town Code. Each criterion is listed below, along with the applicant response to the criteria: 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; APPLICANT RESPONSE: Due to the limited nature of the proposed subdivision, this criterion is difficult to apply to the proposed subdivision. The lot is already platted, the current development standards are accepted and recognized by both the owner and the Town. The proposal to clarify that the allowable GRFA can be in either a duplex or a single- family home is not something contemplated or regulated by the Vail comprehensive planning documents. The Vail Land Use Plan was adopted prior to the annexation of the property into the Town of Vail. The adopted map of the Vail Land Use Plan shows a designation of "Open Space" for the property, as it does for all the 12 lots to the north of Buffehr Creek Road. This conflict is likely due to the timing of both the adoption of the Vail Land Use Plan (1986) and 0 High Density Residential Community Commercial Community Office Village Master Plan Lionshead Redevelopment Master Plan Chamonix Master Plan Vail Valley Medical Center Master Plan Transition Area Public/Semi-Public 1637 Buffehr Creek Road 6 the annexation of these properties (1987). These 12 lots appear to be the only developable lots in private ownership with this land use designation. Of these 12 platted lots, only 4 remain vacant. All are zoned Residential Cluster, while some also have an SDD overlay where additional development potential was sought. The Vail Land Use Plan was not updated upon the annexation of these lots though it should have been and the designation is clearly in error. The Vail Land Use Plan provides the following Goals and Objectives that are applicable to this proposed subdivision: 1. General Growth / Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2. The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3. The quality of development should be maintained and upgraded whenever possible. 1.6. Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.7. New subdivisions should not be permitted in high geologic hazard areas. 1.12. Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. Due to the limited nature of the proposal and the fact that the parcel currently exists and allows for development, the proposed subdivision is consistent with this criterion. 2. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, title 12, "Zoning Regulations", of this code, and other pertinent regulations that the planning and environmental commission deems applicable; 1637 Buffehr Creek Road 7 APPLICANT RESPONSE: Due to the limited nature of the proposed subdivision, this criterion is difficult to apply to the proposed subdivision. The proposed subdivision is consistent with the standards of the originally adopted Eagle County PUD, and the plat note allots GRFA to the site in a manner that is consistent with the Town of Vail Zoning Regulations. No additional development potential is being granted to the property, and therefore the proposal complies with this criterion. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; APPLICANT RESPONSE: Because this neighborhood was generally annexed into the Town of Vail with existing Eagle County development approvals that were recognized upon annexation, many of the lots are zoned and governed in a similar manner as to this request. The lots are zoned Residential Cluster, some with an SDD overlay, while others have no underlying zoning. As a result, and because of the limited nature of this proposal, the proposed subdivision is harmonious with the surrounding land uses and consistent with municipal objectives. The proposal is consistent with this criterion. Hillside Residential(H) SingI.Family Resid—tial (SFR) . Two -Family Reeidential(R) . Two -Family Primary/S—dory Residential(PS) Residential Cl— (RC) Low D—ity Multiple-Famlly(1- MF) . Medium Density Multiple-Fmily{MDMF) * High Density Multiple-Famlly(HDMF) Vail Village Townhouse W) Hou.ing(H) Public ALLOTmndatlnn(PA) . Public ALLOTmndatlnrv2(PA-2} Commerdal Cora 1 MCI Commercial Cora 2(CC2) Commerdal Core 3(CC3) . Llanshead Mi -d Use 1 (LIAW ) Llanshead Mixed Use 2 (LMU-2) Commercial Service Ceraer(CSQ Arterial Rusinees(ARD) Heary S—ices (HS) Outdoor RBoreatlon(OR) Agricultural end Open Specs W Natural Area Preservation(NAP) Ski 13-1Recreation (SBR) . Sld Rase/R-mmion 2 (011-2) Parki,g (PI General Uae(Gd) ❑ Nm Designated 1637 Buffehr Creek Road 8 4. The extent of the effects on the future development of the surrounding area; APPLICANT RESPONSE: As outlined in the response to Criterion #3, the surrounding neighborhood was annexed into the Town of Vail under the same circumstances as Lot 1. The neighborhood was zoned Residential Cluster, with the exception of the Elk Meadows SDD, which has no underlying zoning. The Town recognized the previous Eagle County approvals for the area, and development has occurred under Town jurisdiction ever since. The proposal, due to its limited scope, has no impact on the surrounding neighborhood, and development will be subject to review by the Design Review Board for compliance with the Design Guidelines. Below are some photos of homes in the vicinity: Any proposed development will be consistent with the character of the neighborhood and will have no effects on the future development of the surrounding neighborhood. 5. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; 1637 Buffehr Creek Road 9 APPLICANT RESPONSE: The location and size of the parcel are not changing with this proposal. The lot is served by public services, within an established subdivision, and does not result in a leap frog pattern of development. The proposed subdivision therefore complies with this criterion. 6. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines; APPLICANT RESPONSE: Utility service is currently provided to the property. There is no need to upgrade service lines. No additional development potential is proposed and therefore there are no impacts to utilities services. The proposed subdivision complies with this criterion. 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; APPLICANT RESPONSE: There are no additional impacts being proposed to the community. The proposed subdivision therefore complies with this criterion. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; APPLICANT RESPONSE: Due to the limited nature of the proposal, the proposed subdivision complies with this criterion. No additional development potential is granted for the site, and therefore there are no changes to the impacts to the natural environment. 9. Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision. APPLICANT RESPONSE: Any additional information requested from the Planning and Environmental Commission or Town Council can be provided by the applicant. 1637 Buffehr Creek Road 10 City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: April 12, 2021 ITEM/TOPIC: A request for the review of a Development Plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code, for a new housing development to be located at 129 North Frontage Road West/Lot 3, Middle Creek Subdivision Resub Lot 1, and setting forth details in regard thereto. (PEC21-0015) ATTACHMFKITC- File Name Description Introductory Staff Memo PEC21-0015 0016 (Final Draft).pdf Introductory Staff Memo PEC21-0015 0016 Attachment A. Vicinity Map.pdf Attachment A. Vicinity Map Attachment B. Applicant s Narrative.pdf Attachment B. Applicant's Narrative Attachment C. Plan Set - Part 1.pdf Attachment C. Plan Set - Part 1 Attachment C. Plan Set - Part 2.pdf Attachment C. Plan Set - Part 2 Attachment D. Transportation Inpact Study.pdf Attachment D. Transportation Inpact Study Attachment E. Parking Analvsis.odf Attachment E. Parking Analysis 21.5015.A Middle Creek Housing Lot 3 Letter 03.10.pdf Attachment F. Geologic Hazards Assessment Attachment G. Staff Comment first Round.pdf Attachment G. Staff Comment, First Round Attachment H. Public Comment - Stephen Connolly - 3-30-21.pdf Attachment H. Public Comment - Stephen Connolly - 3-30-21 Attachment I. Public Comment - Mike Coughlin - Parking Memo - April 5 2021.pdf Attachment I. Public Comment - Mike Coughlin - Parking Memo - April 5 2021 0) TOWN OF VAIL Memorandum To: Planning and Environmental Commission From: Community Development Department Date: April 12, 2021 Subject: A request for the review of a Development Plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code, to construct 72 units of multi- family deed -restricted housing, located at 129 North Frontage Road West/Lot 3 Middle Creek Subdivision, and setting forth details in regard thereto. (PEC21- 0015) and A request for the review of a variance from Section 12-21-10(A), pursuant to Section 12-17, Variances, Vail Town Code, to allow for the development of a structure on a slope of forty percent or greater, located at 129 North Frontage Road West/Lot3 Middle Creek Subdivision and setting forth details in regard thereto. (PEC21-0016) Applicant: Town of Vail, represented by Triumph Development Planner: Greg Roy SUMMARY The applicant, Town of Vail, represented by Triumph Development, is requesting the review of two (2) applications. These two applications, requests for the approval of a development plan and a variance from the restrictions for developing on a steep slope, will allow for the construction of a multi -family project in the Housing (H) District. This memorandum and the associated public hearing are intended to introduce the project and its components. The initial review will also serve as an opportunity for the Planning and Environmental Commission to request additional information and for the public to provide comment. As this is an introductory meeting, no request for action by the PEC is being made by the applicant at this time. As such, staff has provided the associated review criteria for each application but have withheld analysis until a future meeting. Staff recommends that the Planning and Environmental Commission continues these applications to the April 26th meeting date, or another date as agreed upon with the applicant. II. DESCRIPTION OF THE REQUESTS Development Plan: The applicant has submitted a Development Plan for the construction of a new freestanding deed restricted multi -family building with other associated improvements. The proposal consists of: • 72 Units o 31 — 2Bed/1 Bath o 27 — 2Bed/2Bath o 14 — 1 Bed/1 Bath • 55 Parking Spaces • -r968 SF of Outdoor Space • Landscaping On April 7th, 2021 the applicants went to the Design Review Board (DRB) for a conceptual review of this proposal. Comments from the DRB centered around the need for the building to be broken up and to have the development built into the hillside to a greater degree. A link to the recording of this meeting can be found here. Variance: The applicant requests the PEC review the variance request. The proposed development would be located, in part, on a slope equal to and in excess of 40% Town Staff have provided the applicant with preliminary comments from multiple departments. Staff encourages the PEC to review these comments included as Attachment G. Please find attached for review: A. Vicinity Map B. Applicant's Narrative, March 15, 2021 C. Plan Set, March 15, 2021 D. Transportation Impact Study, March 9, 2021 E. Parking Analysis, March 8, 2021 F. Geologic Hazards Assessment, March 10, 2021 G. Staff Comments — First Round, March 26, 2021 H. Public Comment - Stephen Connolly March -31-21 I. Public Comment - Mike Coughlin April -5-21 III. BACKGROUND The subject property is a 2.1 -acre Town -owned parcel located just east of the Middle Creek Apartments development on the site of the current Children's Garden of Learning . The property is adjacent to the Middle Creek Apartments and is in close proximity to the Vail Town Center 1-70 exit (Exit 176). The parcel was previously part of the larger Lot 1 of the Middle Creek Subdivision and was created as a separate parcel in May of 2020. The Middle Creek Apartments were developed in the early 2000's with the process starting in 2001 and ending with an eventual approval in September of 2002. During this time, multiple work sessions and public hearings were held with the Design Review Board, Planning and Environmental Commission and Town Council resulting in significant revisions. The site went under construction after approval in 2002 and received a certificate of occupancy in 2004. The current occupant and use of the property, the Children's Garden of Learning, has received approval for a temporary relocation to the Charter Bus Lot. A comparison of the existing middle Creek development with the proposal is provided below: Middle Creek Village(existing) Lot 3 (proposed) Unit Count Studio 44 0 One -Bedroom 29 14 Two Bedroom 24 58 Three Bedroom 45 0 Total 142 72 Bedroom Count Beds 256 130 Parkin Total 248 55 Enclosed 211 85% 0 Ratio 1.75/Unit 0.76/Unit Recreation Area 4,250 SF 16.6SF/Bed 968 SF 7.4SF/Bed IV. APPLICABLE PLANNING DOCUMENTS Staff finds that the following provisions of the Vail Town Code are applicable to the review of this proposal: Title 12 — Zoning Regulations, Vail Town Code Chapter 6, Article 1, Housing (H) District (in part) 12-61-1: PURPOSE.- The URPOSE: The housing district is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. It is necessary in this zone district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The housing district is intended to ensure that employee housing permitted in the zone district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. (Ord. 29(2005) § 23: Ord. 19(2001) § 2.- Ord. :Ord. 3(2001) § 2) 12-61-2: PERMITTED USES.- The SES: The following uses shall be permitted in the H district.- Bicycle istrict:Bicycle and pedestrian paths. Communications antennas and appurtenant equipment. Employee housing units, as further regulated by chapter 13 of this title. Passive outdoor recreation areas, and open space. (Ord. 12(2008) § 10) 12-61-4: ACCESSORY USES.- The SES:The following accessory uses shall be permitted in the H district.- Home istrict:Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Minor arcades. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, or recreation facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. (Ord. 29(2005) § 23: Ord. 19(2001) § 2.- Ord. :Ord. 3(2001) § 2) 12-61-5: SETBACKS.- The ETBACKS: The setbacks in this district shall be twenty feet (20) from the perimeter of the zone district. At the discretion of the planning and environmental commission, variations to the setback standards may be approved during the review of a development plan subject to the applicant demonstrating compliance with the following criteria.- A. riteria:A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. B. Proposed building setbacks will provide adequate availability of light, air and open space. C. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. D. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. Variations to the twenty foot (20) setback shall not be allowed on property lines adjacent to HR, SFR, R, PS, and RC zoned properties, unless a variance is approved by the planning and environmental commission pursuant to chapter 17 of this title. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-61-6: SITE COVERAGE.- Site OVERAGE:Site coverage shall not exceed fifty five percent (55%) of the total site area. At the discretion of the planning and environmental commission, site coverage may be increased if seventy five percent (75%) of the required parking spaces are underground or enclosed, thus reducing the impacts of surface paving provided within a development, and that the minimum landscape area requirement is met. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-61-7: LANDSCAPING AND SITE DEVELOPMENT. At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15) with a minimum area not less than three hundred (300) square feet. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-61-8: PARKING AND LOADING.- Off OADING:Off street parking shall be provided in accordance with chapter 10 of this title. No parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include.- A. nclude:A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-61-9: LOCATION OF BUSINESS ACTIVITY: A. Limitation, Exception: All conditional uses in section 12-61-3 of this article shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. B. Outdoor Display Areas: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-61-10: OTHER DEVELOPMENT STANDARDS.- A. TANDARDS: A. Prescribed By Planning And Environmental Commission: In the H district, development standards in each of the following categories shall be as proposed by the applicant, as prescribed by the planning and environmental commission, and as adopted on the approved development plan.- 1. lan:1. Lot area and site dimensions. 2. Building height. 3. Density control (including gross residential floor area). (Ord. 19(2001) § 2.- Ord. :Ord. 3(2001) § 2) 12-61-11: DEVELOPMENT PLAN REQUIRED: A. Compatibility With Intent: To ensure the unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development in the housing district will meet the intent of the zone district, an approved development plan shall be required. B. Plan Process And Procedures: The proposed development plan shall be in accordance with section 12-61-12 of this article and shall be submitted by the developer to the administrator, who shall refer it to the planning and environmental commission, which shall consider the plan at a regularly scheduled meeting. C. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12-3-6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12-3-3 of this title. D. Plan As Guide: The approved development plan shall be used as the principal guide for all development within the housing district. E. Amendment Process: Amendments to the approved development plan will be considered in accordance with the provisions of section 12-9A-10 of this title. F. Design Review Board Approval Required: The development plan and any subsequent amendments thereto shall require the approval of the design review board in accordance with the applicable provisions of chapter 11 of this title prior to the commencement of site preparation. (Ord. 29(2005) § 23: Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-61-12: DEVELOPMENT PLAN CONTENTS: The administrator shall establish the submittal requirements for a development plan application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. (Ord. 29(2005) § 23: Ord. 5(2003) § 3: Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12-61-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION: The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria. A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. B. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and, when possible, are integrated with existing open space and recreation areas. D. A pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. E. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. F. Compliance with the Vail comprehensive plan and other applicable plans. (Ord. 29(2005) § 23: Ord. 19(2001) § 2: Ord. 3(2001) § 2) Chapter 17 Variances (in part) 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. 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 apply generally to other properties in the same zone district. 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. (Ord. 29(2005) § 39: Ord. 8(1973) § 19.600) Chapter 21 Hazard Regulations (in part) 12-21-10: DEVELOPMENT RESTRICTED.- A. ESTRICTED: A. No structure shall be built in any flood hazard zone or red avalanche hazard area. No structure shall be built on a slope of forty percent (40%) or greater except in single-family residential, two-family residential, or two-family primary/secondary residential zone districts. The term "structure" as used in this section does not include recreational structures that are intended for seasonal use, not including residential use. Housing (H) Zone District Development Plan Process The Housing (H) Zone District provides the Planning and Environmental Commission's (PEC) with discretion to determine and establish the appropriate development standards for a Development Plan. These include, Height, Density, Lot Area and Site Dimensions. These are proposed by the applicant and reviewed by the PEC as part of the Development Plan. Staff has determined that the following provisions of the Town's Comprehensive Plan are relevant to the review of this proposal. These documents identify the policy goals of the community and should be weighed against the proposed Development Plan to determine if the Plan is helping to advance the community's priorities. VAIL TOWN COUNCIL ACTION PLAN 2018-2020 Our Mission - Grow a vibrant, diverse economy and community and preserve our surrounding natural environment, providing our citizens and guests with exceptional services and an abundance of premier recreational, cultural and educational opportunities. Community - Engage our community in honoring social, recreational, cultural, and educational values that will guide sustainable strategies throughout our neighborhoods as the foundation of our town's continued success. Ensure that our citizens are afforded the opportunity to live and thrive in our community. • Housing as necessary infrastructure to our community Economy - Preserve our vibrant and diverse economy that keeps Vail at the forefront of our resort competitors. • Update long range strategic plans to enhance competitiveness of the Town of Vail Experience - Deliver on the promise, "Vail. Like nothing on earth" that also supports "preserving our natural environment". • Excellent municipal services • Convenient, efficient, and safe parking and transportation venues Sustainability - Balance our economic, environmental, and social needs to deliver a sustainable community. • Strategic implementation of environmental programs • Excellent stewardship by monitoring and maintaining our natural environment • Climate action to achieve reduction of greenhouse gas emissions • Reduce the environmental impact of transportation • Explore and encourage sustainable building practices VAIL HOUSING 2027 Goal: The Town of Vail will acquire 1,000 additional resident housing unit deed restrictions by the year 2027. These new deed restrictions will be acquired for both existing homes as well as for homes that are newly constructed by both the Town of Vail and private sector developers. Vision: An Eye on the Future - We envision Vail as a diverse, resilient, inclusive, vibrant and sustainable mountain resort community where year-round residents are afforded the opportunity to live and thrive. We take a holistic approach to maintaining community, with continuous improvement to our social, environmental, and economic well being. We create housing solutions by recognizing and capitalizing on our unique position as North America's premier international mountain resort community in order to provide the highest quality of service to our guests, attract citizens of excellence and foster their ability to live, work, and play in Vail throughout their lives. Our strategic solutions and actions result in the retention of existing homes, creation of new and diverse housing infrastructure, and collaboration with community partners. For Vail, no problem is insurmountable. With a consistent, community -driven purpose and an entrepreneurial spirit, Vail will lead the industry in innovative housing solutions for the 21 st century. The Town is well positioned financially to undertake this significant challenge. Mission: Maintaining and Sustaining Community - We create, provide, and retain high quality, affordable, and diverse housing opportunities for Vail residents to support a sustainable year round economy and build a vibrant, inclusive and resilient community. We do this through acquiring deed restrictions on homes so that our residents have a place to live in Vail Policy Statement: Resident Housing as Infrastructure - We acknowledge that the acquisition of deed restrictions on homes for Vail residents is critical to maintaining community. Therefore, we ensure an adequate supply and availability of homes for residents and recognize housing as infrastructure in the Town of Vail; a community support system not unlike roads, bridges, water and sewer systems, fire, police, and other services of the municipal government. VAIL LAND USE PLAN CHAPTER 11— LAND USE PLAN GOALS/ POLICIES.- The OLICIES:The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth / Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3. The quality of development should be maintained and upgraded whenever possible. 1.6. Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.10 Development of Town owned lands by the Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. 1.12. Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3. Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. V. SURROUNDING LAND USES Land Uses North: Open Space South: CDOT Frontage Road East: Open Space West: Deed Restricted Housing VI. SITE ANALYSIS Address: Legal Description: Existing Zoning: Land Use Plan Designation Current Land Use: Geological Hazards: Zoning Natural Area Preservation (NAP) No zoning Natural Area Preservation (NAP) Housing (H) 129 North Frontage Road West Lot 3 Middle Creek Subdivision Housing (H) High Density Residential School Medium Severity Rock Fall, Steep Slopes Development Required by Town Proposed Change Standard Code Lot Size Prescribed by PEC 2.07 acres (90,169 sq. No Change ft. Minimum Setbacks Twenty Feet from North: 20' Complies District Boundary South: 20' East: 20' West: 9' Maximum Height Prescribed by PEC 82 ft. max To be determined GRFA Prescribed by PEC 57,656 sq. ft. To be determined Site coverage Max. 55% of site area 17,756 sq. ft. or 19.7% Complies maximum or 49,593 sq. ft. Minimum Min. 30% of site area 52,551 sq. ft. or 58.6% Complies Landscaping or 27,051 sq. ft. Minimum Snow Min. 30% of paved 5,173 sq. ft. or 32.9% Complies Storage area or 4,717 sq. ft. Required Parking 144 spaces 55 spaces To be determined VII. REVIEW CRITERIA Development Plan The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria.- A. riteria: A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. B. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and, when possible, are integrated with existing open space and recreation areas. D. A pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. E. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. F. Compliance with the Vail comprehensive plan and other applicable plans. Variance 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. VIII. DISCUSSION ITEMS Mass and Scale: As part of a Development Plan, Vail Town Code requires the scale and massing of buildings to be compatible with the site, adjacent properties, and the surrounding neighborhood. The bulk, scale and mass shall also be responsive to the existing topography. • Is the building scale, massing, and orientation compatible with the site, adjacent properties, and surrounding neighborhood? • Is the building designed to be responsive to the site, adjacent properties and the community as a whole? Parking: There are 55 parking spaces being proposed with this development, which is supported by the provided parking analysis (Attachment E). The Town has also received public comment from the owner of the adjacent development, Middle Creek Village, that provides contrasting numbers (Attachment 1). When reviewing these two documents the main difference is the continuous observation compared to an observation done in a limited window of time. The Town Engineer has reviewed both sets of data and suggests that the most accurate parking data is likely available from the Middle Creek Village ownership, since they have experience managing a similar type housing development for the past 15 years. The applicant should update their parking analysis in coordination with Middle Creek Village ownership to provide the most accurate parking analysis. Unless this project is planning on attracting different types of tenants or is proposing a different type parking management plan that is acceptable to the PEC, in which case additional information regarding an alternate parking management plan should be included. The chart below shows this proposal in comparison to other developments within the Housing (H) District. Use Type Unit Count Bedroom Count Parking Provided Parking Rate (per multi -family unit) Parking Rate (per bedroom Solar Vail 65 69 34 0.52 0.49 First Chair 32 124 32 1.0 0.26 Lions Ride 113 197 153 1.35 0.78 Timber Ride 94 188 46 0.82 0.24 Middle Creek 142 254 247 1.74 0.97 Buzzard Park 24 24 29 1.21 1.21 Chamonix Townh 32 86 113 3.5 1.31 Booth Heights 30 84 60 2.0 .71 multi -family Lot 3 (proposedl (proposed 72 1130 155 10.76 10.42 Staff provided the applicant with questions and comments related to the parking plan in the first round of staff comments (see Attachment G). In consideration of the plan and staff comments, the following questions were posed: Is the parking plan adequate in terms of spaces provided? Is a proposal without structured parking appropriate for this parcel considering density and the best utilization of Town property? Based on the Parking Analysis (Attachment E) and the public comment from the owner of Middle Creek Apartments (Attachment 1), what additional information would assist the PEC in its review? Amenities: A goal of the Land Use Plan is that "The quality of development should be maintained and upgraded whenever possible." The current outdoor space provided is broken up between a passive outdoor area behind the building and a gathering space in the front of the parking lot with picnic tables and benches. Other proposed amenities include an unknown number of indoor bike racks and 13 private storage areas. Recent workforce housing developments within the Valley have included an array of amenities including fitness gyms, outdoor recreation area, tot lot, pet friendly area, dog wash, community garden, etc. Are the quantity and type of amenities proposed appropriate? The proposed quantity of outdoor storage (13) does not appear adequate for the number of units proposed (72). Does the PEC have any recommendations concerning amenities? Landscaping: The development plan proposes a modest amount of new landscaping including a limited number of conifers (8). • Is the landscaping plan adequate for this highly visible location and its proximity to the main Vail Center Interchange? • What recommendations does the PEC have on how the plan could be improved? Overall Design: While design details fall within the purview of the Design Review Board, the PEC does have review authority when it comes to the design of buildings in a Development Plan, per Section 12-61-13(A). A building's architecture and character should be compatible with the adjacent properties and the surrounding neighborhood. The closest property would be the Middle Creek Apartments for the best comparison. Is the overall design, with respect to architecture and character compatible with adjacent properties and surrounding neighborhoods? • Are there characteristics of adjacent properties that should be added to the proposal to enhance compatibility? IX. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission continue items PEC21-0015 and PEC21-0016 to April 26, 2021 or another mutually agreed upon date. X. ATTACHMENTS A. Vicinity Map B. Applicant's Narrative, March 15, 2021 C. Plan Set, March 15, 2021 D. Transportation Impact Study, March 9, 2021 E. Parking Analysis, March 8, 2021 F. Geologic Hazards Assessment, March 10, 2021 G. Staff Comments, First Round March 26, 2021 H. Public Comment - Stephen Connolly 3-31-21 I. Public Comment - Mike Coughlin 4-5-21 THE RESIDENCES AT MAIN VAIL DEVELOPMENT PLAN APPLICATION & VARIANCE REQUEST MARCH 15, 2021 Development Team Co -Applicants Mike Foster Triumph Development West, LLC 12 Vail Road — Suite 700 Vail, CO 81657 Town of Vail 75 South Frontage Road Vail, CO. 81657 Civil Engineer Matt Wadey Alpine Engineering, Inc. 34510 Highway 6 — Unit A9 Edwards, CO. 81632 Landscape Architect Sandi Gibson Outside L.A. Boulder, CO Steamboat Springs, CO Design Architect 359 Designs Western Ecosystems, Inc. 3630 Osage Street Denver, CO. 80211 Traffic Consultant Greg Schroeder McDowell Engineering, LLC PO Box 4259 Eagle, CO 81631 Geohazard Consultant Darin Duran Cesare, Inc. 7108 South Alton Way— Building B Centennial, CO. 80112 The Residences at Main Vail 2 The Development The Residences at Main Vail is an exciting new 100% deed -restricted residential development that will help create, support, and sustain the community in the Town of Vail ("TOV"). With 72 new apartments, the development will make the most meaningful addition to resident housing in the community in recent years. Triumph Development and the Town of Vail have signed a Development Agreement forming a public -private -partnership to redevelop the 2.1 -acre parcel that is currently zoned to the Housing (H) District. The parcel was recently subdivided from the neighboring Middle Creek Apartment parcel. This application proposes to redevelop the site into a new apartment community that will add to the availability of deed -restricted, resident -occupied homes in Vail. The proposed plan includes 72 rental apartments including 58 two-bedroom and 14 one -bedroom homes, and 55 parking spaces. The homes will be deed -restricted EHUs under the Town of Vail municipal code. In addition to the homes, the plan includes interior spaces for social gathering, laundry rooms, ground floor storage lockers, ample bike storage, and a bike cleaning and maintenance area. There will also be an outdoor passive recreation area at the rear of the new apartment building. A roof -mounted solar panel system is proposed to reduce the environmental impacts of the new building and generate on-site energy. While the applicant intends to manage the building from its current office in Vail Village, this application anticipates being able to convert one of the units into a manager's unit to include an on-site leasing and management office. This development application includes all civil drawings, architectural drawings, landscape plans, and consultant's reports required for approval by the PEC. In the Housing District, building height, density, and GRFA are proposed by the applicant and established by the Planning and Environmental Commission subject to an approved Development Plan. The applicant's request is outlined below. This application includes a Mobility Management Plan that embraces the recently adopted "Mobility" section of the Housing District regulations and supports a reduction from the standard off-street parking requirements of the Town Code. The proposed mobility plan focuses on meeting the transportation needs of the future residents, rather than looking to the more antiquated parking -per-unit approach. The proposed development plan requires one variance to construct a multiple family building on slopes greater than 40%. Existing Conditions The Residences at Main Vail 3 Middle Creek Lot 3 is a Housing District parcel that is bounded by the Middle Creek Apartments to the west, and Town of Vail property to the north and east, and the North Frontage Rd. to the south. The parcel is rectangular in shape with more than 400 feet of frontage along the North Frontage Road and varies in depth from approximately 250 feet on the east side of the parcel to more than 320 feet on the west side of the parcel adjacent to Middle Creek Apartments. The right of way in the front of the property includes a substantial cut slope and setback from the North Frontage Road that varies between 35 to 60 feet from the property line. The front portion of the site is developed as an early -childhood education facility and surface parking lot. The rear two-thirds of the site are steep slopes greater than 40% that are held back with a stepped retaining walls at north side of the parking lot. Due to the existing development and grading of the site, the southern portion of the site best accommodates future development. All required utilities are available in the adjacent right-of-way and the applicant has confirmed that each utility has adequate capacity to serve the development. There is a 20' sewer easement that is at the southwest corner of the property in the approximate vicinity of the current driveway which will remain in place with the proposed plan. There is also a drainage and utility easement along the southern boundary of the property that will remain in place. Finally, there is a platted building envelope line that runs along the north side of the existing development footprint that dates to when the Middle Creek Apartments and the Children's Garden of Learning were constructed. The building envelope line is intended to be abandoned on Lot 3 via a revised Final Plat that can be processed concurrent with this application's final approval. Zoning Analysis The Housing District is intended to provide housing development opportunities in TOV. Due to the nature and varying characteristics of deed -restricted housing, a housing -oriented zone district was specifically developed and adopted in the TOV Zoning Regulations. The stated intent of the Housing District is to ensure that deed -restricted housing is appropriately located and designed to meet the needs of Vail residents, to harmonize with surrounding uses, and to ensure adequate light, air and open spaces. The district has a limited number of prescribed requirements that are discussed below. The proposed development plan, the mobility management plan, and variance request meets or exceeds all of these prescribed requirements. Permitted. Conditional & Accessory Uses The Residences at Main Vail 4 The proposed development program is outlined in the below table and are all permitted or accessory uses in the Housing District. Units Count GRFA/Unit GRFA SF EHU 2 Bedroom/1 Bath 31 _ 837 25,947 EHU 2 Bedroom/2 Bath 27 855 23,085 EHU 1 Bedroom/1 Bath 14 616 8,624 Total 72 57,656 All homes will be deed -restricted Employee Housing Units as defined by the TOV municipal code. The outdoor passive recreation spaces at the rear of the property are also permitted uses. The community amenities such as the public gathering spaces, laundry rooms and storage areas are all Accessory Uses that are "customarily incidental and accessory" to the EHUs allowed in the Housing District. The applicant also requests the ability to convert one of the apartments into a manager's unit, subject to the applicant's discretion, that would include a leasing office at some point in the future. Setbacks The required setback in the Housing District is twenty feet (20') from the perimeter of the zone district (and as such there is no setback along the west property line as the Housing District continues onto the Middle Creek Apartment parcel). All buildings and structures proposed in the plan meet or exceed this setback requirement in all areas. The proposed approved development plan complies with the Vail Town Code. Site Coverage The Housing District allows for a maximum site coverage of 55% of the total site area. The proposed site coverage is 17,756 square feet or 19.7% of the parcel. The proposed approved development plan complies with the Vail Town Code. Landscaping and Site Development The Housing District requires at least 30% of the total site area to be landscaped. The proposed plan for The Residences includes landscape areas totaling 52,551 square feet or 58.6% of the parcel. The proposed approved development plan complies with the Vail Town Code. Snow Storage The Parking Standards of the Town Code require a minimum functional area for snow storage equaling at least 30% of the total paved area of the site for unheated drives. The site plan includes more than 5,173 square feet of usable snow storage, or 32.9% of the total paved area. The proposed approved development plan complies with the Vail Town Code. Development Standards to be Approved by PEC The Residences at Main Vail The development standards of the Housing District for lot area, site dimensions, building height, and density control shall be as proposed by the applicant and approved by the PEC based on the Criteria for Evaluation that are discussed below. Lot Area and Site Dimensions —The applicant proposed to develop a 2.1 -acre Housing Parcel as demonstrated on the site development plans. A minor subdivision application has been previously approved by TOV. Building Height—The proposed building height is 82 feet with five levels of homes above a tuck - under podium parking Density Control— The proposed density for North Main community is 72 total units and 57,656 square feet of GRFA. If one considers the EHUs as counting towards density/units per acre (in most zone districts they do not) the overall density of the site is 34.8 units per acre. By comparison, the Middle Creek at Vail Apartments is approved at 30.8 units per acre. Employee Housing Credits The applicant will seek to utilize Sections 12-23-7 and 12-24-7 of the Vail Town Code "Mitigation Bank" for deed -restricted EHUs constructed on the property. As proposed, the application will generate 57,656 square feet of transferable EHU housing credits in each of the 72 EHU units. Under the terms of the public/private partnership between TOV and the applicant, these employee housing credits shall accrue to TOV. Mobility Management Plan and Parking In November 2020, TOV adopted Ordinance No. 13, Series of 2020 which replaced the "Parking and Loading" section of the Housing District language with a more progressive "Mobility" requirement. The language of the ordinance recognizes that automobiles are no longer the primary means of transportation for some people and that proximity to mass transit, walkability, access to bicycle routes, and development plans that accommodate car -sharing and bicycles all reduce the need for onsite parking. The North Main development is a prime example of each of these mobility criteria and is an excellent candidate for the adoption of a Mobility Management Plan. Section 12-61-8 of the Town Code requires the submission of a Mobility Management Plan that will be approved by the PEC. In accordance with this section, the applicant presents the following information and Mobility Management Plan: 1. Layout of proposed covered and uncovered parking including applicable dimensions, provisions for stacked parking and compact spaces, if proposed. Architectural plan A1.00 shows the parking layout for the development with 55 total parking spaces. This includes 28 standard surface parking spaces, 17 tuck -under The Residences at Main Vail 6 standard parking spaces, 7 tuck -under compact spaces (labeled "C"), and 2 tucker -under parking spaces allocated for car sharing (labeled "Z") should a car sharing company be interested in placing cars at the site. There is also one dedicated delivery space (labeled "D") for delivery vehicles or taxis/Ubers. The applicant will make all commercially reasonable efforts to identify a company to provide a car sharing amenity for its residents. 2. Information on how proposed parking spaces will be allocated to units and if this allocation is on the form of a deed restriction. All parking spaces will be numbered and signed for assignment to specific tenants. Each parking spaces will be leased to residents as a separate fee from the lease for their residential unit on a space available basis. The added expense for a market -rate parking space will be an effective tool that attracts residents without cars and will incent applicants to not bring a car to Vail should they have one. The applicant will gather information about whether prospective tenants would like a parking space as part of the initial lease application in order to easily identify if tenants have a car and prioritize tenants who do not have a car. Leases will be explicit that, unless the tenant has a leased parking space, a car is not permitted on the premises. 3. A professionally produced parking study, unless a determination is made by the administrator that such study is unnecessary due to the scale and character of the proposal. See the "Vail Children's Garden Residential Parking Analysis — Affordable Housing Apartments" memo from McDowell Engineering, LLC, dated March 8, 2021. As described in this memo, the Institute of Transportation Engineers' Parking Generation Manual states that the average peak period parking demand for a mid -rise apartment in an urban environmental is 0.71 spaces per dwelling unit. This is slightly less than the 0.76 parking spaces proposed for The Residences at Main Vail. 4. Existence of any bike or vehicle share/shuttle program. The new apartments are conveniently located less than 400 feet, or a 20 second walk at 3 mph, from the existing Middle Creek bus stop. The plan also provides an opportunity for car -sharing vehicles in two dedicated spaces conveniently located adjacent to the building's ground -floor lobby. 5. Provide covered/protected/secured bike parking/storage The proposed development plan includes substantial covered bike parking as well as a bike cleaning/tuning area at the western portion of the ground -floor level. The Residences at Main Vail 7 6. Provisions for guest parking/management All parking spaces will be assigned to individual tenants via lease and signed to prevent unauthorized use. Fire department staging areas shall be signed and striped to prevent unlawful parking and there will be signage that explains that violating vehicles will be towed. 7. Seasonal variations in parking management plan. None. 8. Provisions for off-site vehicle storage. None. The applicant is committed to the Performance Standards, Reporting Requirements, and Enforcement Policy outlined in the Town Code for the Mobility Management Plan. Given the above response, the proposed Mobility Management Plan complies with the Vail Town Code. Compliance with the Development Plan Standards and Approval Criteria Because of the nature and characteristics of deed -restricted housing that make development difficult under prescribed development standards, the Housing District was created by TOV to provide adequate sites for deed -restricted residential development. To ensure harmonious development that is in keeping with the Town's development objectives, an applicant may propose development standards, as depicted on a Development Plan, for approval by the Town's Planning & Environmental Commission. According to Section 12-61-13 of the Zoning Regulations, it shall be the burden of the applicant to demonstrate that the proposed development complies with the six Design Criteria discussed below. Design Criteria A - Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and surrounding neighborhood. Applicants Response: Due to the unique nature and challenges of building housing in TOV, the Housing District does not include traditional development limitations and offers the applicant flexibility in proposing development on designated Housing District properties. This development site - with its convenient location near the village cores, steep topography, and prominent location - needs to balance the goal of creating meaningful housing on the scarce remaining land owned by TOV and creating a development that is in scale with Vail's nearby patterns of development — namely Middle Creek at Vail Apartments, the recently The Residences at Main Vail 8 constructed Solar Vail Apartments, and the other large buildings that line the Frontage Roads on either side of 1-70. The adjacent Middle Creek development is a 142 -unit development that is sited on higher ground than Middle Creek Lot 3 and includes seven total stories of development. The Residences at Main Vail's six stories is compatible in scale and slightly smaller in total mass. There are no other immediate neighbors to the property. The Residences at Main Vail's architecture and character strives to mimic other successful employee housing developments such as First Chair. The architecture includes pitched roofs of varying heights to break up the ridge line, as well as bump -outs in the fagade with several feet of relief to create shadow lines and opportunities for balconies for many homes. The primary fagades are proposed with a mix of stucco, cementitious wood siding, and wood trim to incorporate the new fire-resistant design recommendations of the fire department, as well as long-term durability. These materials are mixed horizontally and vertically to break up the massing of the buildings, and this variation is complimented with adjustments to the size of windows. Roofs are pitched with asphalt shingles that match other Housing developments. The building is responsive to the existing topography. The building is sited above and setback substantially from the Frontage Road due to the large right-of-way in front of the property. The building is built into the hillside at a location that takes advantage of the existing excavation and retaining walls that prior development has created. The new parking lot with tuck under parking is generally in the same location as the existing parking lot and will largely be hidden from the North Frontage Road by grade and landscaping. The second level of apartments only provides a half floorplate of homes facing south with the building serving as a retaining wall for the grade behind. Above this level the building becomes a double -loaded corridor of apartments with homes on both the north and south. With architecture that borrows from Vail's architectural traditions, a material pallet that mimics or even improves upon Vail's other housing developments, massing that is to scale with the property next-door and other larger buildings that line the Frontage Roads, substantial setbacks from the street, as well as an appropriate relationship to the surrounding topography—The Residences at Main Vail development plan meets the Housing District requirements for architecture, character, scale, massing and orientation that is compatible with the site and neighborhood. Design Criteria B - Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. Applicant's Response: The Residences at Main Vail 9 The applicant has prepared a functional development plan for The Residences at Main Vail that balances the physical characteristics of the site, the surrounding slopes and open space, and TOV's substantial need for housing. All development has been consolidated onto the front third of the parcel. This development footprint is the portion of the site with the least amount of natural grade, thereby minimizing disturbance of the uphill natural vegetation or existing topography. Pedestrian and vehicular access onto the site will be from the west to work with natural grade and mimics the existing property entrance and parking. The proposed parking configuration, access to buildings, site amenities, and public transportation will meet ADA requirements, as well as emergency access and staging. The applicant has met with the Vail Fire Department and taken its feedback into account to accommodate requirements for fire access, staging and turnarounds for large vehicles. The functional site plan includes adequate parking for the residents and a mobility plan that includes walking proximity to Vail's village core areas, easy access to a public bus stop, and substantial storage for bikes. Retaining walls have been kept to a minimum with the building foundation serving as the primary "retaining wall" for development on the site. There are several small retaining walls at the north and west of the site to create outdoor space for the residents. The only large retaining walls are located at the eastern side of the buildings and are necessary to accommodate the requested fire department turnaround and staging areas. As Middle Creek Lot 3 is located in a rockfall hazard risk area as mapped by TOV, the applicant has hired Cesare, Inc. to prepare a Geohazards Assessment dated March 10, 2021. The conclusions of the Assessment indicate there are no substantial rockfall hazard risks. The building has an efficient and functional layout with parking and storage on the ground floor as well as a central building entry and lobby with an elevator. The apartment floors included community amenities such as indoor gathering spaces and laundry rooms in a central location near the elevator. At the third floor this indoor gathering space accesses a passive outdoor recreation area and surrounding open space at the rear of the building. The proposed plan is a functional development plan that looks to create a meaningful multifamily housing development that primarily serves the employees working in the Town of Vail. Design Criteria C - Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. The Residences at Main Vail 10 Applicants Response: The Proposed site plan has been prepared to preserve and enhance the substantial open space that surrounds the property. Due to the topography of the site, the development footprint has been kept to the front of the site where development has already occurred — thus preserving the vast majority of the hillside to the north in its natural state The landscaping plan provides landscape buffering along the south side of the parking lot both on the property and the right-of-way in front of the site. The applicant also intends to create a small earthen berm at the south side of the parking lot to further screen this parking from the frontage road where possible. The new building is also setback from Middle Creek apartments by more than 70 feet and will not impact most of the existing trees between the properties. While the topography of the site does not permit significant, level outdoor spaces, the plan includes one central private outdoor recreation space on the north side of the building that opens to the substantial open space and hillside to the north. The combination of preserving the significant natural landscaping on the upper two-thirds of the site, attractive manicured landscaped areas, community focused outdoor gathering and recreating areas, ensures the North Main landscape plan is both aesthetic pleasing and functionally appropriate Design Criteria D - A pedestrian and vehicular circulation system designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. Applicant Response: A safe, efficient and aesthetically pleasing circulation system that integrates with the TOV bus system is available for The Residences at Main Vail and its residents. With direct access off the North Frontage Road and immediate proximity to 1-70, The Residences will create minimal impact to the neighborhood streets. The accompanying Transportation Impact Study by McDowell Engineering, LLC demonstrates relatively light traffic with only 246 external vehicle trips over the course of an average weekday, and only 15 trips during the morning peak hour and 25 trips during the afternoon/evening peak hour. These numbers are below the amounts allowed by the current CDOT Access Permit for the existing school use. The vehicular and main pedestrian site access is from the west in the same location and configuration as the current driveway and parking lot. This location allows a gradually sloping driveway that meets the Town's design standards. Pedestrian access is proposed from the west via a five-foot, ADA compliant sidewalk that goes from the sidewalk at the driveway intersection up to a location at the center of the parking lot The Residences at Main Vail 11 and directly across from the main building entrance. This sidewalk is separated from the driveway and parking lot for pedestrian safety. The driveway and parking lot fully complies with the TOV design standards (i.e. width, drainage, site disturbance, turning movements, etc.) including emergency vehicle access. Due to the length of the driveway, the drive aisle has been oversized to 26 feet to ensure adequate circulation in the event an emergency vehicle is parked in this drive aisle. There is also a fire truck turnaround and staging area at the far east side of the site that has been designed with input from the Vail Fire Department. Proximity to the West Vail Bus Route is one of the most advantageous aspects of the Middle Creek Lot 3 parcel for resident housing. With direct access to TOV's public transit system, The Residences at Main Vail will cater to residents whose lives are Vail -centric. With all of these elements taken into account, the pedestrian and vehicular circulation system has been designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. Design Criteria E - Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. Applicants Response: Given the sites prior development, the requirement for a new Environmental Impact Report was waived by the Community Development Director. Design Criteria F - Compliance with the Vail comprehensive plan and other applicable plans Applicants Response: The applicant has demonstrated that the proposal is consistent with the following provisions of the Vail 20/20 Strategic Action Plan, Vail Land Use Plan, 2009 Environmental Sustainability Strategic Plan, and the Vail Housing 2027 Plan Vail 20/20 Focus on the Future — Strategic Action Plan: The Vail 20/20 Strategic Action Plan is a visioning document that begins with a set of values that outline what is truly important to the community. The plan then details land use and development, parks and recreation, environment, housing, transportation, economy, community and public safety topics, including specific vision statements, long-term goals, and actions and strategies over the next 5 years to achieve those goals. The Residences at Main Vail 12 LAND USE Goal #4: Provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. • Address the zoning regulations to provide more incentives for developers build employee housing units. ENVIRONMENTAL SUSTAINABILITY Goal #2: Energy Management in Buildings and Transportation: Reduce the town's 2007 baseline green house gas emissions. • Support employee housing initiatives in order to reduce trips into Vail. HOUSING Goal: The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. • Conduct inventory of all sites with development potential and pursue opportunities for acquiring undeveloped or underdeveloped properties. • Update the Vail Land Use Plan and identify more areas for employee housing. ECONOMY Goal #3: Maintain a town -wide workforce in which at least 30 percent of people who work in Vail also live in Vail. • Support the local economy by working with the business community to address future workforce housing needs as they relate to business in Vail. Vail Land Use Plan The Land Use Plan is not intended to be regulatory in nature but is intended to provide a general framework to guide decision making. The following goals and objectives support this proposal: Chapter II - Land Use Plan Goals / Policies (in part) 1. General Growth/Development The Residences at Main Vail 13 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2. The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5. Residential 5.3. Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. 5.5. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Vail Housing 2027 —A Strategic Plan for Maintaining and Sustaining Community through the Creation and Support of Resident Housing in Vail Ten Year Goal: "The Town of Vail will acquire 1,000 additional resident housing unit deed restrictions by the year 2027." Vision: We envision Vail as a diverse, resilient, inclusive, vibrant and sustainable mountain resort community where year-round residents are afforded the opportunity to live and thrive. We take a holistic approach to maintaining community, with continuous improvement to our social, environmental, and economic well being. We create housing solutions by recognizing and capitalizing on our unique position as North America's premier international mountain resort community in order to provide the highest quality of service to our guests, attract citizens of excellence and foster their ability to live, work, and play in Vail throughout their lives. Our strategic solutions and actions result in the retention of existing homes, creation of new and diverse housing infrastructure, and collaboration with community partners. For Vail, no problem is insurmountable. With a consistent, community -driven purpose and an entrepreneurial spirit, Vail will lead the industry in innovative housing solutions for the 21st century. The Town is well positioned financially to undertake this significant challenge. The Residences at Main Vail 14 Mission: Maintaining and Sustaining Community "We create, provide, and retain high quality, affordable, and diverse housing opportunities for Vail residents to support a sustainable year round economy and build a vibrant, inclusive and resilient community. We do this through acquiring deed restrictions on homes so that our residents have a place to live in Vail." Policy Statement - Resident Housing as Infrastructure "We acknowledge that the acquisition of deed restrictions on homes for Vail residents is critical to maintaining community. Therefore, we ensure an adequate supply and availability of homes for residents and recognize housing as infrastructure in the Town of Vail, a community support system not unlike roads, bridges, water and sewer systems, fire, police, and other services of the municipal government." 2009 Environmental Sustainability Strategic Plan The purpose of this plan is to define a strategy that consists of measurable goals, objectives, and actions that will help the Town coordinate efforts to achieve the environmental vision of the community. Goal #2 — Energy Efficiency: Reduce the Town of Vail municipal and community energy use by 20% below 2006 levels by 2020, in order to effectively reduce the Town's contribution to greenhouse gas emissions and impact on global climate change. Goal #3 — Ecosystem Health: Ensure that the natural environment, specifically air and water quality, water quantity, land use and habitat are maintained to current or improved levels of biological health. Goal #6 — Transportation — Reduce the environmental impact of transportation by supporting efforts within the Eagle Valley to decrease total Vehicle Miles Traveled (VMT) by commuters and guests by 20% by 2020. Variance Request for Development on Steep Slopes Section 12-21-10-A of the TOV Zoning Regulations states: No structure shall be built on a slope of forty percent (40%) or greater except in single- family residential, two-family residential, or two-family primary/secondary residential zone districts." The Residences at Main Vail 15 The applicant is requesting a variance from this section of the Zoning Regulations to permit building on a site with slopes greater than 40 percent. Based on Section 12-17-6 of the Zoning Regulations, the PEC is instructed to consider the following factors: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Applicants Response: There is a prior history of development on both this parcel as well as the adjacent Middle Creek Apartments that also includes steep slopes greater than 40 percent. This Development Plan seeks to replicate the existing development footprint by keeping development to front portion of the site which best accommodates development. Though more cut is required, the proposed building is in the general vicinity of the current retaining walls and buildings constructed with the school. In addition, the development of the Middle Creek Apartments next-door, along with its substantial underground parking structure, established a development pattern for housing in the vicinity. In addition, the Town has granted variance approvals for similar multiple family residential developments on site with slopes in excess of 40%. Those sites included, Middle Creek at Vail Apartments, Timber Ridge Village Apartments, Solar Vail Apartments, and the Vail Mountain Chalets. 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. This variance request does not grant a special privilege as the site has been developed in the past, as has the adjacent property at Middle Creek. In addition, and in contrast to Middle Creek, this Development Plan minimizes the development footprint on areas in excess of 40% slopes only to the degree necessary by keeping development to the front of the site. In the absence of a variance request approval, the applicant is denied the same abilities to develop multiple family development previously granted to other sites in the same zone district in Vail. 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. There is no negative impact of this variance on light and air as the development has no neighbors to the north and substantial setbacks from the buildings to the west. The Residences at Main Vail 16 With residential development to the west and the property zoned to the Housing District, development of the site is consistent with the existing and desired distribution of population in TOV. Traffic impact from this development is less than the currently approved Access Permit. With a bus stop within 400 feet of the site, the development will not only be walkable to the village cores, but easily utilize the existing TOV bus system. The applicant has confirmed that the required utilities are nearby and available, as are public facilities such as bike paths and safe pedestrian access to Vail's village core areas. Applicants Conclusion on the Variance: Based on the above criteria, the applicant has demonstrated that the PEC can find that: (1) 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) 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; and (3) the variance is warranted because 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. Applicant Request of the Planning & Environmental Commission With 72 new homes, the proposed Residences at Main Vail will accomplish more than 7% of TOV's 10 -year housing goal as identified in the Vail Housing 2027 Strategic Plan. This infill project in a prime location strives to balance the need for substantial housing and the architectural demands of this highly visible location. In closing, the applicant believes that it has successfully demonstrated compliance with the Development Standards and Criteria for Evaluation for development in the Housing district as illustrated on the proposed plans and through our response to the six design criteria above. The applicant also believe it has met all criteria for a variance to construct buildings on a slope greater than 40%. Therefore, the applicant requests that the TOV Planning & Environmental Commission approve the development plan for The Residences at Main Vail. The Residences at Main Vail 17 -------------- 2 Lf) cn ..2 SIN3W121VdV NIVW HIHON CD - -------------- oro a> --------------- ----------- cn .. SIN3Wl7dVdV NIVW HIHON CD - -------------- --------------- M I- t a CT) 2 2� i cn.. 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SIN3WIMVdV NIVW HIMON o CD - - ------------ 0 Transportation Impact Study for Middle Creek Subdivision, Lot 3 March 9, 2021 PREPARED FOR: Triumph Development Attn. Michael O'Connor 12 Vail Road, Suite 700 Vail, CO 81657 PREPARED BY: McDowell Engineering, LLC PO Box 4259 Eagle, CO 81631 970.623.0788 Contact: Kari J. McDowell Schroeder, PE, PTOE Project Number: 1502 Statement of Engineering Qualifications Kari J. McDowell Schroeder, PE, PTOE is a Transportation and Traffic Engineer for McDowell Engineering, LLC. Ms. McDowell Schroeder has over twenty-four years of extensive traffic and transportation engineering experience. She has completed numerous transportation studies and roadway design projects throughout the State of Colorado. Ms. McDowell Schroeder is a licensed Professional Engineer in the State of Colorado and has her certification as a Professional Traffic Operations Engineer from the Institute of Transportation Engineers. Middle Creek Subdivision, Lot 3 March 9, 2021 Page 2 Transportation Impact Study for East Vail Residential Table of Contents 1.0 PROJECT DESCRIPTION...............................................................................................................................4 2.0 EXISTING CONDITIONS...............................................................................................................................6 2.1 DESCRIPTION OF EXISTING TRANSPORTATION SYSTEM................................................................................................6 2.2 TRAFFIC DATA COLLECTION..................................................................................................................................6 3.0 FUTURE TRAFFIC PROJECTIONS..................................................................................................................6 3.1 EXISTING & COMMITTED CAPITAL IMPROVEMENT PROJECTS.......................................................................................6 3.2 PLANNED OR EXISTING LAND DEVELOPMENT PROJECTS..............................................................................................6 3.3 SEASONAL ADJUSTMENT FACTOR...........................................................................................................................6 3.4 BACKGROUND TRAFFIC GROWTH...........................................................................................................................6 4.0 PROJECT TRAFFIC........................................................................................................................................7 4.1 PROPOSED LAND USE..........................................................................................................................................7 4.2 TRIP GENERATION ANALYSIS.................................................................................................................................7 4.3 MULTIMODAL REDUCTION...................................................................................................................................7 4.4 SITE -GENERATED TRAFFIC....................................................................................................................................7 4.5 SITE -GENERATED DIRECTIONAL DISTRIBUTION..........................................................................................................7 4.6 TRAFFIC VOLUMES..............................................................................................................................................8 5.0 TRANSPORTATION IMPACT ANALYSIS......................................................................................................10 5.1 SITE DESIGN AND TRAFFIC CIRCULATION EVALUATION.............................................................................................10 5.2 AUXILIARYTURN LANE REQUIREMENTS.................................................................................................................10 5.3 SITE ACCESS SIGHT DISTANCE..............................................................................................................................10 5.4 STATE H IG HWAY ACCESS PERMIT.........................................................................................................................10 6.0 RECOMMENDATIONS AND CONCLUSIONS...............................................................................................11 7.0 APPENDIX.................................................................................................................................................12 Middle Creek Subdivision, Lot 3 March 9, 2021 Page 3 1.0 Project Description The Town of Vail is planning to change the land use of the property at 129 N Frontage Road W (Middle Creek Subdivision, Lot 3). The existing use is Children's Garden of Learning, a childcare facility. That facility will be removed and a new 72 -unit affordable housing facility will be constructed. The purpose of this CDOT Level 2 study is to forecast and analyze the impacts of the proposed development's traffic volumes on the surrounding roadway network. This traffic analysis was scoped with both the Town of Vail and CDOT prior to completion. The proposed site is located northwest of the Main Vail interchange on 1-70, Exit 176. The developer is proposing to continue using the existing access onto the north 1-70 Frontage Road. The project location is shown in Figure 1. A conceptual site plan is shown in Figure 2. Figure 1: Vicinity Map Middle Creek Subdivision, Lot 3 March 9, 2021 Page 4 Figure 2: Conceptual Site Plan ROOF LEVEL T' = 40'-0" _70 N Frontage Road Middle Creek Subdivision, Lot 3 March 9, 2021 Page 5 2.0 Existing Conditions 2.1 Description of Existing Transportation System 1-70 North Frontage Road: The 1-70 North Frontage Road is a two-lane, paved roadway that parallels the north side of 1-70. This frontage road connects Main Vail to West Vail. In the vicinity of the site, 1-70 North Frontage Road has posted speed limits of 25 mph eastbound and 35 mph westbound. 2.2 Traffic Data Collection Existing Traffic Volumes: Existing turning movement counts were collected by McDowell Engineering. Traffic data was collected on Tuesday, December 28, 2020. Turning movement counts were collected from 7:00 to 9:00 am and 4:00 to 6:00 pm. This count date and time are considered a seasonal peak for the Town of Vail. The raw traffic data is included in the Appendix. 3.0 Future Traffic Projections 3.1 Existing & Committed Capital Improvement Projects There are no existing or committed capital improvement projects that will impact this analysis. 3.2 Planned or Existing Land Development Projects There are no planned or existing land development projects in the immediate vicinity. 3.3 Seasonal Adjustment Factor The data collection date and times are considered a seasonal peak for the Town of Vail. Therefore, no seasonal adjustment factor is required for this analysis. 3.4 Background Traffic Growth Long-term background growth was based upon the Town of Vail's historic 1.5% annual growth rate. This is consistent with the Town's latest Vail Master Plan forecast methods. The resulting peak hour forecasted Year 2021 and forecasted Year 2041 background traffic volumes can be seen in Figure 3. Middle Creek Subdivision, Lot 3 March 9, 2021 Page 6 4.0 Project Traffic 4.1 Proposed Land Use The proposed development will include 72 affordable housing units in a single building. 4.2 Trip Generation Analysis Trip generation rates were established for affordable housing within the Town of Vail by analyzing traffic counts performed at the Timer Ridge and Lion's Ridge Apartments. See the Trip Generation for Town of Vail Affordable Housing memorandum dated January 13, 2021 in the Appendix. These rates were used to predict the traffic volumes to be generated by the proposed facility, as shown in Table 1. Table 1: Proiect Trip Generation [1] Town of Vail trip generation rates for Affordable Housing developments within the town limits 4.3 Multimodal Reduction The Town of Vail's trip generation rate includes the multimodal reduction, so no additional reduction has been applied. 4.4 Site -Generated Traffic The buildout of the site is expected to generate a total of 246 external vehicle trips over the course of an average weekday, including 15 trips during the morning peak hour and 25 trips during the afternoon/evening peak hour. 4.5 Site -Generated Directional Distribution The directional distribution of site -generated traffic on adjacent roadways is influenced by several factors, including the following: • The location of the site relative to other facilities and the roadway network, • The configuration of the existing and proposed adjacent roadway network, • Relative location of neighboring population centers. The trip distribution was assumed to be 60% to and from the east and 40% to and from the west. Middle Creek Subdivision, Lot 3 March 9, 2021 Page 7 Average Weekday AM Peak Hour PM Peak Hour Average Enter Exit Average Enter Exit Average Enter Exit Land Use Description Units Rate (vpd) (vpd) Rate (vph) (vph) Rate (vph) (vph) Proposed 50% 50% 32% 68% 53% 47% Dwelling Vail Affordable Housing [1] 72 Units 3.43 123 123 0.21 5 10 0.34 13 12 [1] Town of Vail trip generation rates for Affordable Housing developments within the town limits 4.3 Multimodal Reduction The Town of Vail's trip generation rate includes the multimodal reduction, so no additional reduction has been applied. 4.4 Site -Generated Traffic The buildout of the site is expected to generate a total of 246 external vehicle trips over the course of an average weekday, including 15 trips during the morning peak hour and 25 trips during the afternoon/evening peak hour. 4.5 Site -Generated Directional Distribution The directional distribution of site -generated traffic on adjacent roadways is influenced by several factors, including the following: • The location of the site relative to other facilities and the roadway network, • The configuration of the existing and proposed adjacent roadway network, • Relative location of neighboring population centers. The trip distribution was assumed to be 60% to and from the east and 40% to and from the west. Middle Creek Subdivision, Lot 3 March 9, 2021 Page 7 4.6 Traffic Volumes The trip distribution assumptions were applied to the trip generation volumes to determine the turning movement volumes for the site traffic. The background through volumes on the frontage road for 2021 and 2041 were determined by applying the Town of Vail's standard growth rate of 1.5% per year to the 2020 traffic count volumes. The peak hour site -generated traffic, the 2021 and 2041 background traffic volumes, and the 2021 and 2041 total traffic volumes are shown in Figure 3. Middle Creek Subdivision, Lot 3 March 9, 2021 Page 8 Figure 3: Middle Creek Subd. Lot 3, Affordable Housing Project tires _. ~ /- Middle Creek Subd. Lot 3 �Myf 129 N Frontage Road W ~� .. - '=Y • ....... a --_ _� t �•� _ 4r� r 40% /} N Frontage , Road 60% Existing Access 070A-NFR 195.96 L ' ,W* _; SiteTrafFc L 3/8 c co LO 2/5 J SiteTrafFc L3/8 c m LO 2/5 J /-;70 westbound l ;70 Eastbound 2021 Background L 4om 155 / 294 OJI LO J 242 / 175 mE* 2041 Background 4--209/396 L4 J 325/235-00 0� * S,or ~T aaa�e ire c P�qa 2021 Total Traffic L3/8 LO r- 155/294 4 co LO 2/5r 242 / 175 EE* 2041 Total Traffic L3/8 LO r- 4om 155 / 294 c m LO 2/5 J 242 / 175 E-� �I LEGEND tNGI N EE '� XXM = AM/PM Volumes (vph) A -.1 ENGINEE.RIN..� . (NTS) Project Number: M1502 Turning Movements t %~ Prepared by: TO Middle Creek Subd. Lot 3 March 9, 2021 Vail 5.0 Transportation Impact Analysis 5.1 Site Design and Traffic Circulation Evaluation The existing access to the Children's Garden of Learning will be used as the access to the proposed affordable housing facility. The access is a 24 -foot paved driveway accommodating two-way traffic. Internal circulation has been designed to accommodate two-way traffic with backing motions from parking stalls. Some of the parking will be in the lowest level of the building. 5.2 Auxiliary Turn Lane Requirements Turn lane requirements are based on the access classification of the highway, the speed limit and the turning movement volumes. The highway's access classification is FR — Frontage Road. The speed limit is less than 45 mph (25 mph eastbound and 35 mph westbound). As shown in Table 2, the turning volumes do not trigger any requirements for turn lanes. There is an existing left -turn deceleration lane which, though not required, will remain in use. Table 2: Auxiliary turn lane requirements Intersection Type of lane Weekday AM Peak Hour Volume (pce-vph) Weekday PM Peak Hour Volume (pce-vph) Trigger Volume [1] (pce-vph) Required by SHAC? 1-70 North Frontage Road and site access Left turn decel. 2 5 >25 No Right turn decel. 3 8 >50 No Right turn accel. 4 5 S&O [2] No Left turn accel. 6 7 S&O [2] No [ 1 ] Category F -R, — 40 mph, SHAC §3.13(4) [2] S&O = Safety and Operation triggers may apply. No traffic volume trigger. 5.3 Site Access Sight Distance The site access has adequate sight distance in both directions, exceeding the 450' requirement per Table 4-2 of the State Highway Access Code to the west and extending into the Exit 176 roundabout to the east. 5.4 State Highway Access Permit CDOT Access Permit Number 303014 was issued to the Town of Vail in 2003 for the north side of 1-70 frontage MP 175.930 for a Day Care Center with a volume "not to exceed 100 DHV". The proposed development will not require a new State Highway Access Permit since the volume will still be below the permit volume. Middle Creek Subdivision, Lot 3 March 9, 2021 Page 10 6.0 Recommendations and Conclusions The Town of Vail is proposing to construct new 72 -unit affordable housing facility at 129 N Frontage Road W (Middle Creek Subdivision, Lot 3). This will be a change in use for the property. The existing use is Children's Garden of Learning, a childcare facility. That facility will be removed. The purpose of this CDOT Level 2 study is to forecast and analyze the impacts of the site's traffic volumes on the surrounding roadway network. This traffic analysis was scoped with both the Town of Vail and CDOT prior to completion. Site Access and Circulation: The project is proposing to use the existing access onto the 1-70 frontage road. Sight distance meets the minimum spacing sight distance requirements per CDOT's State Highway Access Code. Trip Generation: The buildout of the site is expected to generate a total of 246 external vehicle trips over the course of an average weekday, including 15 trips during the morning peak hour and 25 trips during the afternoon/evening peak hour. Auxiliary Turn Lane Requirements: No additional auxiliary turn lane construction is required. State Highway Access Permit: There is a State Highway Access Permit in place for the existing access with a permit volume "not to exceed 100 DHV". The peak hour volume from the proposed facility will remain below the permit volume, so a new access permit is not required. Transportation Recommendations: Based upon the analysis and recommendations presented in this report, the proposed affordable housing facility is anticipated to be successfully incorporated into the Town of Vail's roadway network. Middle Creek Subdivision, Lot 3 March 9, 2021 Page 11 7.0 Appendix Reference Documents 1. State Highway Access Code. State of Colorado, 2002. 2. CDOT OTIS Data. http://dtdapps.coloradodot.inf%tis Included Documents 1. Approved Methodology Form Includes Trip Generation for Town of Vail Affordable Housing, January 13, 2021 2. Traffic Counts, December 28, 2020 Middle Creek Subdivision, Lot 3 March 9, 2021 Page 12 3/9/2021 McDowell Engineering Mail - TIS Scoping Form for proposed Multifamily Development in Vail Mmail Greg Schroeder <greg@mcdowelleng.com> TIS Scoping Form for proposed Multifamily Development in Vail Bunnell - CDOT, Mark <mark.bunnell@state.co.us> Thu, Jan 14, 2021 at 2:24 PM To: Greg Schroeder <greg@mcdowelleng.com> Cc: Kari McDowell Schroeder <kari@mcdowelleng.com>, Brian Killian - CDOT <brian.killian@state.co.us>, Tom Kassmel <tkassmel@vailgov.com>, Michael O'Connor <michael@triumphdev.com>, Kent Harbert <kent@mcdowelleng.com>, Dan Roussin <Daniel.Roussin@state.co.us> Greg, Thank you for including the trip generation data and calculations. The Methodology is acceptable to CDOT. Thanks, Mark Bunnell, PE, PTOE Resident Engineer Region 3 Traffic and Safety 110-0 � COLORADO IW Department of Transportation P 970.683.6276 1 C 970.640.2677 222 6th Street, Room 100 Grand Junction, CO 81501 mark. bunnell@state.co.us I www.codot.gov I www.cotrip.org [Quoted text hidden] https://mail.google.com/mail/u/1 ?ik=6961 f4f987&view=pt&search=all&permmsgid=msg-f%3A1688898936128981725&simpl=msg-f%3A168889893612... 1/1 COLORADO Department of Transportation Region 3 Transportation Impact Study Methodology Form Prior to starting a traffic impact study, a Methodology Form must be submitted for review and signed by the Region 3 Access Engineer. It shall be included as part of the study. Consultant: Name: Telephone: Email: Developer/Owner Na PROJECTO• Project Name Project Location Current Year: Project Description (Attached proposed site plan) Traffic Assessment Level (Provide justification) State Highway County 1. Mile Post 6. Posted Speed Limit TIS ASSUMPTIO Study Years Current Year: Buildout Year: Long Term Year: Traffic Assessment Level (Provide justification) Study Intersections 1. 6. 2. 7. 3. 8. 4. 9. 5. 10. Future Growth Rate ❑ OTIS ❑ Regional TDM ❑ Other Seasonal Adjustment Factor Page 1 COLORADO Department of Transportation Recrion 3 ASSUMPTIONS CONTINUED Project Trip Distribution (State assumptions and attach sketch that shows individual movements.) Trip Reduction Percentage Internal Capture: Pass By: Multi -Modal: Other: Study Time Periods ❑ AM (7-9) ❑ PM (4-6) ❑ Weekday ❑ SAT (Midday) ❑ Other (Check all that apply) Existing and Proposed ITE Trip Generation Land Use Analysis Methods (Check all that apply) ❑ Synchro or ❑ HCS (isolated intersections only) ❑ SimTraffic or ❑ Other (closely spaced intersections or when known/expected queuing issue) ❑ Signal Warrants ❑ Pedestrian/Transit/Bicycle ❑ Safety/Sight Distance ❑ Queuing and Storage ❑ Other Notes and Other Assumptions Crash Data CDOT will perform a crash data analysis for the highway in the vicinity of the proposed access and provide to the consultant. As a part of the study consultant shall recommend mitigation measures for any identified safety issues. Simulation Input Files Consultant to provide computer files used for analysis with a signed and sealed copy of the study. Review Comments ❑ Revise and Resubmit JEngineer Signature/Date I ❑ Approved Page 2 CDOT R3 Traffic Section 11/29/05 Levels of Traffic Assessments for CDOT R3 Access Permits Section 2.3(5) of The State Highway Access Code (SHAC) specifies the thresholds and general requirements of a traffic impact study (TIS). A TIS is required when the proposed land use will generate a Design Hour Volume (DHV) of 100 vehicles or more, or when considered necessary or desirable by CDOT. However, the SHAC provides little detail about traffic assessment requirements for projects generating less than 100 vehicles per hour. This document describes the three levels of traffic assessments required for access permitting in CDOT Region 3. The permit applicant should contact CDOT R3 access permitting (970-248-7230) to determine the appropriate level of traffic evaluation and the specific requirements for each individual application. Level One — Trip Generation Assessment The purpose of a Level One Assessment is to document the project trip generation and to confirm that auxiliary turn lanes are not required at the proposed access point. A Level One Assessment is required for all projects that generate less than ten trips in the peak hour. A single family home usually generates one trip in the peak hour so a project with nine or fewer homes would fit in this category. It is unlikely that any commercial or industrial development would fit in this category. The Level One Assessment shall include the following: • Description of project size and location • Trip Generation Calculations per the Institute of Transportation Engineers Trip Generation document (latest version) • A Professional Engineer's seal on the calculation is preferred, but not required. Level Two — Auxiliary Turn Lane Assessment The purpose of a Level Two Assessment is to document the project trip generation and to determine auxiliary turn lane requirements at the proposed access points. The results of this assessment may reveal that no turn lanes are needed. The assessment may also reveal that a Traffic Impact Study is necessary (see Level Three), as determined by CDOT. It is strongly recommended that all assumptions be confirmed with the CDOT traffic engineer prior to completing the assessment. A Level Two Assessment shall be required for all projects that generate between 10 and 99 trips in the peak hour. It shall include the following: • Description of project size and location, include site & location maps • Trip Generation Calculations per the ITE Trip Generation document (latest version) • Diagram or table showing existing driveways and side roads within 1000 feet from the access • A detailed statement of directional distribution assumptions for project traffic, include all correspondence; phone, emails etc., with local authorities concerning directional distribution. • A detailed statement of the 20 year background traffic growth calculation (source of existing data, growth rate, factors, etc) • Diagram or table showing am & pm peak -hour traffic volumes for: Short Term Traffic — existing, site generated, & total Long Term Traffic (20 Year) — background, site generated, & total • Recommendations for auxiliary turn lanes per the SHAC • Entering site distance at proposed access, include relative photos • A Professional Engineer's seal and signature is required Level Three — Traffic Impact Study The purpose of a TIS is to understand the full traffic impact of the proposed development, and to identify traffic mitigation measures. A TIS is required when the proposed land use will generate a DHV of 100 vehicles or more, or when considered necessary or desirable by CDOT. Section 2.3(5) of the SHAC specifies the thresholds and general requirements of a TIS. A Professional Engineer's seal is required. It is strongly recommended that all assumptions be confirmed with the CDOT traffic engineer prior to completing the study. co N 00 LJ J i 0 N O A I III III III III II1-11 M II 1 11 11=1 11=1 11=1 11=1 11=1 I I—I I 0 0 v !sz J o CR O i W OE j Z O W z N a (� z Z w W o LU J U = z ti uj� 1L/) c 1� to TRIP GENERATION FOR TOWN OF VAIL AFFORDABLE HOUSING January 13, 2021 Purpose The purpose of this memorandum is to provide trip generation rates for affordable housing within the Town of Vail. Site The Timber Ridge and Lion's Ridge Apartments are located at 1280 N Frontage Road West and 1265 N Frontage Road West respectively, in Vail, CO. Collectively, there are a total of 210 dwelling units. Figure 1 shows the vicinity map and the two accesses to the frontage road for the apartments. Figure 1: Vicinity Map Traffic Counts Traffic counts were taken onsite on December 1, 2018. Counts are enclosed with this memorandum. Table 1 and Table 2 summarize the inbound, outbound and total volumes for both accesses in Vehicles per Hour (vph): Table 1: Summary of Access Volumes for AM Peak (in Vehicles per Hour) CDOWELL Page Iof2 ENGINEERINGR: Tp AN5Pn R7AYInN ENGINEENING CGN5uETA N7s EAGLE • BROOMFIELD • GRAND JUNCTION 970.623.0788 9 MCDOWELLENG.COM Table 2: Summary of Access Volumes for PM Peak (in Vehicles per Hour) Trip Generation Rates The trip generation rates for AM and PM peaks are derived by dividing the total volume of both accesses by the number of dwelling units. The weekday rate is calculated by assuming the average daily traffic (ADT) is ten percent (10%) of the highest design hourly volume (DHV). Table 3 summarizes these calculations below: Table 3: Trio Generation Rate Calculations * Weekday trip generation rates are estimated by assuming a DHV (design hourly volume) of 10% of ADT (average daily traffic) Directional Distribution Directional Distribution is calculated by taking the percentage of the inbound and outbound traffic of the total traffic. Table 4 summarizes these calculations: Table 4: Directional Distribution for AM and PM Peaks Multimodal Reductions The Timber Ridge and Lion's Ridge Apartments are located within close proximity of a bus stop, and there are multimodal paths adjacent to the properties. Therefore, these rates include multimodal reductions, as the counted access volumes were taken when residents were using these facilities. Summary The trip generation rates presented in this memorandum are appropriate for proposed sites that look to construct affordable or multifamily housing within the Town of Vail or other similar communities. The proposed sites should have close access to multimodal facilities including bus stops and multimodal paths. 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Frontage Road Vail, CO 81657 March 8, 2021 Re: Vail Children's Garden Residential Parking Analysis — Affordable Housing Apartments Vail, Colorado Purpose: This memorandum was developed to give a recommendation for the affordable housing apartments being proposed as part of Triumph's Vail Children's Garden Residential development project. The recommendation is based upon two methodologies. • Institute of Transportation Engineers' (ITE) parking demand data • Local parking rates at comparable apartment complexes National Parking Rate: The Institute of Transportation Engineers' Parking Generation Manual' states that the average peak period parking demand for a mid -rise apartment (Land Use #221) is 0.71 spaces per dwelling unit. The statistic is given based upon the 95th Percent Confidence Interval for a nationwide study of 43 apartment complexes. The 95th Percent Confidence Interval indicates that there is a 95% likelihood that the parking demand will fall within 0.61 to 0.81 parking spaces per unit. These rates were taken in dense multi -use urban complexes throughout the United States and are located within % mile to rail transit. The Parking Generation Manual does not specify the number of bedrooms for the multifamily units, but given the broad range of studies, it is anticipated that the individual studies contained a mix of 1, 2, and 3 -bedroom units. Observed Local Parking Rate: As stated in the Parking Generation Manual, "The quality and quantity of parking demand data vary significantly by land use code. The Parking Generation Manual should be considered only the beginning point of information to be used in estimating parking demand. Local conditions and area type can influence parking demand. The wide array of data in the manual blends many site conditions and may not best reflect a particular local condition. Therefore, a survey of a site in a comparable local condition should always be considered as one potential means to estimate parking demand." Therefore, local data can provide another viewpoint of parking for Vail's local workforce housing. The Middle Creek Village Apartments located directly west of the Children's Garden site have similar characteristics to the proposed residential apartments. They primarily serve work force housing, have 1 AParking Generation Manual, 5th Edition, Institute of Transportation Engineers, 2019 �� 1 CDOWELL ENGINEERING ILC TRANSPORTATION CGNGLILTANT1.S EAGLE • BROOMFIELD • GRAND JUNCTION 970.623.0788 . MCDOWELLENG.COM ENGINEERING similar amenities, and have direct access to Vail's transit system. The site is located within walking and bus proximity to recreation and amenities. Parking counts were performed at the Middle Creek Village Apartments on December 29, 2020. Counts were taken at 4:OOAM, 10:OOAM, and 6:0013M. Results are shown in Table 1 and Figure 1 below. Table 1: Middle Creek Village Parkina Count Data for December 29. 2020 Figure 1: Middle Creek Village Parking Count Data for December 29, 2020 300 250 200 150 16 100 50 148 119 123 0 4AM 10AM 6PM Occupied Spaces Spaces Utilized as Storage ■ Surplus Spaces The observed parking rate is as shown in Table 2. The spaces used as storage were not included in this calculation. Table 2: Middle Creek Village Observed Parking Rates It should be noted that there is a high percentage of surplus parking at Middle Creek. This is evident based upon the overnight parking spaces (83) as well as sixteen (16) spaces being used as "storage." A significant difference between the Middle Creek Village apartments and the proposed Children's Garden is the amount of surplus parking that will be made available. 2 CDOWELL ENGINEERING 1.S A[ CGNGLILTANTEAGLE • BPOOMEIELD • GRAND JUNCTION 970.623.0788 . MCDOWELLENG.COM TRANSPORTATION ENGINEERING Proposed Parking Rate: A parking rate of 0.71 spaces per dwelling unit consistent with the ITE rate is recommended for the Children's Garden site. Triumph Development is proposing to provide 55 parking spaces for 72 affordable housing apartments. This equates to a parking rate of 0.76 spaces per unit. The parking rate observed at the adjacent Middle Creek Village is higher that the ITE parking rate and the proposed Children's Garden rate. This could be due to the following reasons: There is a significant number of excess parking spaces available. This encourages residents to use these underutilized spaces in inefficient ways. It is evident that storage was being utilized at the site. If the available parking were closer to the actual parking demand, the storage likely would not occur. It is possible that some vehicles could also be used as storage on site. However, it is difficult to discern which of these vehicles might be utilized as storage. The Children's Garden site should utilize the parking management strategies to best manage the available parking spaces. Strategies include the following recommendations: • Allocation of parking spaces per tenant or unit, including seasonal variations • Promotion of bicycle or vehicle share and/or shuttle programs • Provision of secured and protected bike parking and storage • Guest parking provisions and management • Off-site vehicle storage Therefore, with proper parking management strategies, it is anticipated that a parking rate of 0.71 spaces per unit will be adequate for the proposed workforce housing facility. Please call if you would like any additional information or have any questions regarding this matter. Sincerely, McDowell Engineering, LLC ./ (A1441V7__1114W4 Kari J. McDowell Schroeder, PE, PTOE Traffic Engineer Enc: ITE Parking Generation Manual, 5t" Edition, Multifamily Housing (Mid -Rise) (221), Page 116 3 CDOWELL ENGINEERING C i.0 EAGLE • BROOMFIELD • GRAND JUNCTION 970.623.0788 . MCDOWELLENG.COM TRANSPORTATION ENGINEERING CGNGLILTANTS Multifamily Housing (Mid -Rise) (221) Peak Period Parking Demand vs: Dwelling Units On a: Weekday (Monday - Friday) Setting/Location: Dense Multi -Use Urban (< 1/2 mile to rail transit) Peak Period of Parking Demand: 10:00 p.m. - 5:00 a.m. Number of Studies: 43 Avg. Num. of Dwelling Units: 121 Peak Period Parking Demand per Dwelling Unit Average Rate Range of Rates 33rd / 85th Percentile 95% Confidence Interval Standard Deviation (Coeff. of Variation) 0.71 0.17-1.50 0.47/1.17 0.61 -0.81 0.32(45%) 116 Parking Generation Manual, 5th Edition i N97V SARE, INC. Geotechnical Engineers & Consrrrrcrion Hateriafs Consultants March 10, 2021 Mr. Michael O'Connor Triumph Development West, LLC 12 Vail Road, Suite 700 Vail, CO 81657 Subject: Proposed Geologic Hazards Assessment Middle Creek Housing Lot 3 Vail, Colorado Project Number 21.5015.A Dear Mr. O'Connor: Cesare, Inc. (Cesare) performed a geologic hazards assessment for Triumph Development West, LLC (Client) for the proposed Middle Creek Housing in Vail, Colorado. A vicinity map of the site is shown in Exhibit 1. EXHIBIT 1. Vicinity Map 1. SCOPE Cesare has not visited the site at the time of this letter. A visit to verify Cesare's findings will be made Corporate Office: 7108 South Alton Way, Building B Centennial, CO 80112 Locations: Centennial Frederick Silverthorne Salida/Crested Butte Phone 303-220-0300 www.cesareinc.com CESARE, INC. in the spring after the ground is substantially free of snow cover. This assessment addresses geologic hazards consistent with Colorado Senate Bill 35 (1972), House Bill 1041 (1974), and Eagle County land use code requirements that could impact site development. 2. SITE CONDITIONS The site is located north of Interstate 70 in Vail, Colorado. The site slopes down from north to south. The site is currently a preschool known as the Children's Garden of Learning. Cesare understands that development will consist of demolishing the existing building and parking lot and replacing with a building about 55 feet by 300 feet in plan dimension. The building will be stepped to fit the slope of the site, with four stories on the uphill side and five stories on the downhill side. The lower level of the five -story section will be parking. Based on current drawings, excavations about 20 feet deep will be required for the structure. In addition to excavations, current plans indicate as much as 15 feet of fill will change existing site grades. 3. SITE GEOLOGY The "Geologic map of the Vail West quadrangle, Eagle County, Colorado," by Scott, R.B., et al., USGS MF -2369, 2002, indicates that the surficial deposits at the site consist of glacial till. The bedrock at the site consists of the Minturn Formation, which is an interbedded sandstone, siltstone, and claystone. 4. HAZARDS ASSESSMENT The Eagle County geohazards assessment maps do not list any hazards on the site. There are landslide and rockfall hazard areas mapped to the east, debris fans mapped to the south, and rockfall and debris flow areas to the northwest. A portion of the geologic hazards map for the area is included as Exhibit 2. Cesare reviewed a preliminary geohazards study for the site by Koechlein Consulting Engineers, Inc., dated August 23, 2001. The preliminary geohazards study includes a larger area than this letter. The preliminary geohazards study lists rockfall and debris flow hazards for the site and notes that both hazards can be mitigated. The following sections address additional hazards that may be affect the site. 21.5015.A Middle Creek Housing Lot 3 Letter 03.10.21 CESARE, INC. l � f pis f �,ls 2, J.' \ I ids' wpm) / ) f d (P 1) ffF'Prr+J � I \\y1 } l EXHIBIT 2. Portion of Geologic Hazards Map 4.1 FLOODING HAZARD ASSESSMENT According to the Eagle County flood maps, the site is mapped as Zone X area of minimal flood hazard. Cesare opines that because of the steep sides of the valley and that the site is located well above Gore Creek, flood hazard will be minimal. 4.2 RADON The U.S. Environmental Protection Agency map of radon zones indicates that virtually all of western Colorado, including Eagle County, is in Zone 1 (www.epa.gov/radon/zonemap.htmi). Although there is no known safe level of radon, Zone 1 is the zone of highest risk for exposure to radon gas (i.e., greater than 4 picocuries per Liter (PCi/1)). The Colorado Geological Survey (CGS) participated in an EPA study in 1987 and 1988 to record indoor radon levels throughout Colorado residences and compiled its results in a report that related geologic setting and building construction with radon levels (CGS 1991 Open -File Report 91-4). Residences with basements had higher levels of radon than residences built on grade on the same geologic material. The CGS is careful to state that radon potential can vary considerably within the same geologic unit due to the nonuniform distribution of uranium, secondary leaching, and the accumulation of uranium and other radioactive elements into other strata. Based on levels of radon recorded in existing residences in the region and the presence of rock types that are known to produce radon, it is reasonable to assume that radon emissions into buildings is occurring in the Vail area. The EPA, the Colorado Department of Public Health and Environment (CDPHE) Radiation Management Division, and the National Association of Home Builders (NAHB) recommend that all new residences constructed in Zone 1 should include radon resistant features. These organizations also recommend that after the building is constructed, radon should be measured and if the results are greater than 4 pCi/L, the system should be upgraded from passive 21.5015.A Middle Creek Housing Lot 3 Letter 03.10.21 / dfr,1. Ott.75dftPIP l EXHIBIT 2. Portion of Geologic Hazards Map 4.1 FLOODING HAZARD ASSESSMENT According to the Eagle County flood maps, the site is mapped as Zone X area of minimal flood hazard. Cesare opines that because of the steep sides of the valley and that the site is located well above Gore Creek, flood hazard will be minimal. 4.2 RADON The U.S. Environmental Protection Agency map of radon zones indicates that virtually all of western Colorado, including Eagle County, is in Zone 1 (www.epa.gov/radon/zonemap.htmi). Although there is no known safe level of radon, Zone 1 is the zone of highest risk for exposure to radon gas (i.e., greater than 4 picocuries per Liter (PCi/1)). The Colorado Geological Survey (CGS) participated in an EPA study in 1987 and 1988 to record indoor radon levels throughout Colorado residences and compiled its results in a report that related geologic setting and building construction with radon levels (CGS 1991 Open -File Report 91-4). Residences with basements had higher levels of radon than residences built on grade on the same geologic material. The CGS is careful to state that radon potential can vary considerably within the same geologic unit due to the nonuniform distribution of uranium, secondary leaching, and the accumulation of uranium and other radioactive elements into other strata. Based on levels of radon recorded in existing residences in the region and the presence of rock types that are known to produce radon, it is reasonable to assume that radon emissions into buildings is occurring in the Vail area. The EPA, the Colorado Department of Public Health and Environment (CDPHE) Radiation Management Division, and the National Association of Home Builders (NAHB) recommend that all new residences constructed in Zone 1 should include radon resistant features. These organizations also recommend that after the building is constructed, radon should be measured and if the results are greater than 4 pCi/L, the system should be upgraded from passive 21.5015.A Middle Creek Housing Lot 3 Letter 03.10.21 CESARE, INC. to active (usually by installing a fan). In the EPA publication titled, "Building Radon Out: a Step -by - Step Guide on How to Build Radon -Resistant Homes" (USEPA Office of Air and Radiation EPA/402-K- 01-002, April 2001), three practical and inexpensive alternatives for passive, sub -slab depressurization systems are presented; gravel with vents, perforated pipes, or soil gas collection mats. Recommendations for passive and active design and construction techniques for reducing radon gas can be found on the EPA radon website www.epa.gov/radon or the CDPHE radon website www. cdphe.state.Co.us/hm/rad/radon . 4.4 LANDSLIDES There are steep slopes above the site and landslides are mapped at a similar elevation along the valley. Cesare will conduct a site visit to look for physical signs of landslides, i.e., tension cracks, hummocky terrain, pistol butting of trees. At this time, Cesare is not aware of any active landslides on the site; however, construction and development of this site should include a slope stability analysis. Slope stability analysis of the site should include any excavations or fills planned for the site, as changes in grading can destabilize an otherwise stable site. 4.5 ROCKFALL The Minturn and Maroon Formations include some cliff forming members that are often source areas for rockfall. There are areas of rockfall hazard mapped both east and west of the site. The site is not mapped as an area of rockfall hazard. During Cesare's site visit, after snowmelt, it will confirm if any rockfall exists at or above the site and any potential source areas. 4.6 AVALANCHE Slopes north of the site are steep enough to generate an avalanche, however, no avalanche hazard is mapped on or above the site. Cesare has not observed any avalanche paths or scars on or adjacent to the site. Cesare judges the avalanche hazard at the site to be low. In Cesare's opinion, no avalanche mitigation will be necessary at the site. 4.7 ABANDONED MINES No abandoned mines are known to exist below or in the vicinity of the property. Risks associated with settlement due to abandoned mines is considered nil. 4.8 DEBRIS FLOWS Two debris flow fans are mapped south and southeast of the site. The debris fans sit at the mouths of Spraddle Creek and Middle Creek, downhill from the site. The Robson geohazards map explanation describes the debris fans as "Areas ofpossib/e recurrent flooding, debris flows andhydrocompaction". Potential for hydrocompaction of debris fan material should be evaluated in a design level geotechnical report. Hydrocompaction reduced or managed in several ways, including deep foundations, overexcavation, and managing drainage. A design level geotechnical report should include testing for collapse potential to evaluate the risk of hydrocompaction of any debris flow material on the site. 21.5015.A Middle Creek Housing Lot 3 Letter 03.10.21 4 CESARE, INC. S. CONCLUSIONS There are no geologic hazards in the literature reviewed by Cesare that preclude development of the site. Cesare will visit the site, after snowmelt, to verify the findings in the literature. Slope stability, and hydrocompaction should be evaluated in a design level report. 6. LIMITATIONS This letter has been prepared for the exclusive use of Cesare's Client for specific application of the project discussed and has been prepared in accordance with generally accepted geologic and geotechnical engineering practices. No warranties, either expressed or implied, are intended or made. In the event that changes in the nature, design, or location of the project as outlined in this letter are planned, the conclusions and recommendations contained in this letter shall not be considered valid unless Cesare reviews the changes and either verifies or modifies the conclusions of this letter in writing. Please contact Cesare with any questions or comments regarding this information. Sincerely, CESARE, Inc. Ian Campbell, E.I. Staff Engineer IFC/ksm 21.5015.A Middle Creek Housing Lot 3 Letter 03.10.21 PO .cl .RR .. 33919 a�.• 03/10/21 .:Q� pNAL.��G� Darin R. Duran, P.E. Principal, Manager - Salida and Crested Butte TOWN OF VAIL Memorandum TO: Triumph Development and the Town of Vail FROM: Community Development Department and other DRT Members DATE: March 26, 2021 SUBJECT: Development Plan and Variance Applications for the Future Development of Middle Creek Lot No. 3 The Community Development Department has initiated the review process for the two applications, PEC21-0015 and PEC21-0016. The application materials were submitted to DRT members including Environmental, Public Works, Fire, and ERWSD for comment. These comments should be considered initial with additional comments possible following project revisions and additional review. Many of these comments may also be found on the plan sheets returned via the ProjectDox system. Questions within these comments reflect those anticipated by members of the Planning and Environmental Commission. General Comments Related to Site Layout/Design • The applicant team may wish to review the history of the Middle Creek Housing. This planning effort resulted in significant added value that is realized to this day. As Middle Creek Housing is the adjacent neighbor it should be used as the closest comparison for design. Breaking up the building to look as a collection of buildings with varying heights would achieve compatibility while distributing the mass of the building. This would also be an opportunity to step the building back into the hillside to avoid a stark singular structure and be responsive to the site. Responsiveness to topography is a requirement of the Vail Town Code. Please review Section 14-10-3. • Housing is both a response to current needs and planning for the future. Permanence, quality, and timeliness should be core development objectives. ■ Multiple building massing, heavy timbers, stone, and stucco are all design features promoted within the Town of Vail that could be incorporated as well. Adding some old world charm could serve as a great beacon for the community at this main entrance. • Enclosed parking was a benefit added to the Middle Creek project to enhance the aesthetic of the project and add value for the tenants. This should be considered as a standard to maintain at this location as well. • Explore the possibility of connecting to the stairway coming down to the frontage road from Middle Creek or adding a sidewalk along the west side of the access drive for easier connection to the bus stop. • Outdoor gathering space will be important for local residents with limited vehicle ownership. Please provide an analysis on the appropriate amount of outdoor area based on anticipated number of residents. The current space is located to the rear of the building that the sun/shade analysis shows will not receive sunlight at any time of day. Look for an alternative location to provide adequate sun. The outdoor space, measured at ±500 square feet, at the front of the lot notes picnic tables and grills as amenities. Many jurisdictions have outdoor amenity requirements based on the number of occupants. Please provide justification for the proposed design and use of this area. • How do the proposed amenities compare to other recently developed projects within the Valley? • Project amenities most requested by residents include either in -suite laundry facilities or laundry facilities on each floor in addition to private, lockable storage. Please explore including these amenities. Parking Study and Mobility Plan • The parking study provided from McDowell Engineering, LLC, dated March 8, 2021 provides two justifications for the proposed parking rate, the ITE standards for mid -rise buildings in an urban setting and the neighboring utilization rates of Middle Creek. Please provide parking rates for other more relevant developments within Eagle Valley. • The parking study appears to show that the utilization rate at Middle Creek exceeds what is proposed for Lot No. 3 on a per unit basis. • Utilization of the unused or under used parking at the existing Middle Creek appears to be a win/win. Please formalize any proposal with appropriate draft legal instruments. • Please provide additional information on the proposed bicycling parking. • Please provide examples of the ala cart approach to parking. What are the current rates for a parking space? How well has this worked in other recent developments within the valley? • How will visitor parking be accommodated? Comments on Individual Plan Sheets • Site coverage diagram needs to show building outline and eaves. • A height diagram needs to show roof ridge elevations, existing and proposed grades below. • Show the area of the lot where slopes are equal to or greater than 40% • A0.10 — Snow storage • Area to the north, northeast, and east of the dumpster enclosure do not functionally work for snow storage as there are multiple 6' retaining walls that are higher in elevation than the pavement. Bike racks are also shown in this area. • Snow storage should not be located in the "Community Area" to the SW of the fire lane. • Unit Plan descriptions are mismatched. • Are the balconies functional with space or Juliette? • Could there be beams and roof features added to connect the balconies vertically and emphasize them as a design element that adds horizontal and vertical interest, such as in the Tarnes example? • A2.2 • Windows shown on the east elevation are not shown on the floor plans. Please provide rationale for lack of windows along exterior unit walls and in stairwells • A2.3 • LP Smartside is not a permitted material. Other sheets propose other materials. Please confirm the projects proposed materials. • A5.3 • Trash enclosure should have the same or similar material as the building. • Please provide an analysis of anticipated trash generation including recycling. What are the sizes proposed and anticipated service frequency? • C2.0 • Grading plan needs to show proposed grades over existing grades. • C3.0 • SW corner of the building intrudes on an ERWSD 20' sewer easement. • L1.0 • CDOT Special Use permit will be required for landscaping in the ROW. • Community Area shall be completely on-site and walls 2' away from the edge of the property. • Show TOW and BOW for community area retainage. Confirm with Fire Dept that the basketball hoop will be allowed in that location. Please consider significant more plantings including conifers between the development and the frontage road. Please provide species, quantities, and sizes. Comments from the Environmental Department This development should further the following goals of the 2020 Strategic Plan: "Encourage adoption of green building strategies and practices" "Encourage or require building certifications that promote material efficiency through LEED (Leadership in energy and environmental design) certification or other green building programs" This is a great opportunity for the Town to be a leader in LEED building design. The addition of the rooftop solar is a benefit of this plan. We recommend additional work to strive for a net zero building. We appreciate there is dedicated bike parking included in the plans. For the bike washing station being proposed, this station must be over a permeable surface such as grass or gravel or in an enclosed basin that discharges to a sanitary sewer. Bikes may not be washed over storm drains or paved surfaces that direct contaminated water to storm drains. For parking, please add some EV charging stations or, at the least, ensure there are adequate EV Capable and EV Ready equipped parking spaces so that chargers can be easily installed in the future. During the construction process, we encourage diversion of as much material as possible from the landfill. Currently, clean dimensional lumber, concrete, concrete with rebar, and metals can all be recycled in Eagle County through the C&D diversion site at the landfill ($15/ton) and metals through Trinity recycling. All cardboard and other typical recycled materials (plastics, glass, aluminum, etc) must be diverted. Please ensure there is an adequate trash and recycling enclosure that meets all wildlife regulations. Ideally there is equal capacity for recycling and trash or even better is twice the capacity for recycling over trash. We also encourage the applicant to include space for a 4 yard compost dumpster and a plan to provide compost services along with trash and recycling. Comments from PW The Sand/Oil Vault on C300 should be upgraded to a Water Quality vault. A CDOT permit will be required for all landscape improvements in CDOT ROW. Comments from Vail Fire With regard to the McDowell Parking Study, the parking management strategies mentioned need to be articulated in very specific terms. The site will not accommodate variations or one off uses of parking. ie overnight guests, visitors or sublet conditions. The west entrance driveway design is too tight for the aerial truck. Even though the computer drawing indicates this could work, fire apparatus engineers would need to be absolutely perfect on making entry into this parking area. This does not allow for human error. Public Works suggests adding a two -foot buffer to the engine movements to account for human error. The fire staging exhibit does not show snow storage area or accumulation of snow. This needs to be shown on this exhibit for a complete review. These plans need to show fire department aerial truck movements. Include the new fire apparatus designs that were proposed by Matt Wadey on 3/26/21. We will need to see the movements based on the new designs provided. Provide proposed FDC locations on the plans as well. Comments from Wildfire Division The landscaping marked in red on sheet L100 L3 is too close to the structure. Utilize the ignition resistant landscaping guide to develop a landscaping plan that provides adequate defensible space. Mobility Management Plan and Parking- Limiting parking to less than one spot per occupancy would necessitate the Town to provide transportation in the event of a full evacuation of the building. As currently planned Town of Vail Transit would use regular bus stops to pick up evacuees that do not have their own means of egress. This plan was originally developed as a backup in the worst case scenario that evacuees did not have transportation. By proposing this limited parking plan, it would force the Town to take on the responsibility of providing this emergency transportation. Due to the proximity to undeveloped lands, especially south facing slopes, this building is at high risk for wildfire and the likelihood of a full evacuation is high. Comments for ERWSD It is the understanding of the TOV that the applicant team has begun the process with ERWSD to confirm the availability of water and service to this location. Approval is anticipated following a review by their board next month. A condition of approval may be appropriate. In addition, please continue discussions with ERWSD regarding possible infrastructure improvements necessary. Comments for Building It is recommended that the design team engage a Building Code Consultant in the development of these plans. No comments from the building department can be given until building code information is included. It is strongly recommended that this occur at the same time other comments are addressed. A design that requires amendments to potential code issues will result in significant inefficiencies being brought into the entitlement process. Project Program Middle Creek Lot #3 represents an unrivaled opportunity for Employee Housing within close proximity to Vail Village and major employment centers. The importance of this site and its potential benefits for the Town warrant careful examination in order to create a highly successful employee housing project. Although the site is constrained by steep slopes, the project's location, access, and zoning have prepared this site to play a key role in meeting the housing goals of the Town of Vail. The applicant may wish to include answers to the following questions within the narrative in order gain efficiencies before the PEC. 1. How was the proposed density for the project chosen? 2. How was the proposed unit mix chosen? 3. What are the target demographics and estimated lease rates? 4. How does this project differ from Lions Ridge in these respects? 5. While this project will add needed deed restrictions, what other housing goals of the Town does this development seek to address? Next Steps: The Town of Vail and DRT members are available to discuss the comments received to date. It is anticipated a formal response to these comments and related revisions to the plans will occur following the preliminary meetings with the DRB and PEC, scheduled for April 7th and 12th respectively. The agenda for the DRB will be provided on April 2nd. The agenda and meeting materials for the PEC will be provided on the 9th From: Stephen Connolly To: DRB; PEC; Grea Roy; Jonathan Spence Cc: George Ruther; Council Dist List Subject: Lot 3 at Middle Creek Date: Tuesday, March 30, 20219:45:00 AM Attachments: imaae001.wa The current look of "Lot 3" is NOT compatible with Middle Creek. Change the lines to make it more interesting. The near by Fessler building, while a great project, looks so boring and out of place where it is now. MOST IMPORTANTLY : Fix the darn rules for parking requirements re: deed restricted and workforce housing! We have talked about changing the requirements for years. Do it now. What was done with the space for the Timber Ridge Remodel/Phase II was ridiculous. Stop wasting space on parking that is NOT necessary with our bus system. (And don't go down that alley about pets again. ) Finally, find a new name for this project. Before you know it, you will have a name that sounds like the '99 World Champs looked like. sfc P.s. Stay the course on Booth Heights. We need all the beds we can get. Separate emotions from facts when dealing with this project. Stephen Connolly sfcvai I _ hotmai I.com 970-376-5798 (cell) 970-476-6826 (phone and voicemail) Looking for a great little Bed and Breakfast in Vail? https://airbnb.com/h/vai Ibnb https://www.airbnb.com/rooms/4015461 16;q tORethink * Reduce * Reuse * Recycle To: Members of the Planning and Environmental Commissions Members of the Design Review Board From: Mike Coughlin, Owner, Middle Creek Village RE: Middle Creek Parking — Response to Parking Study in LOT 3 Approval Packet Date: April 5, 2021 I am the owner of Middle Creek Village and have been personally involved in the development and operation of Middle Creek since we made our initial development plan submissions nearly 20 years ago. I am reaching out to you regarding the parking plan and the newly proposed Lot 3 development to share with you some concerns/thoughts, but most especially to let you know that the parking study that is included in public materials from McDowell Engineering as relates to Middle Creek and its "surplus spaces" is entirely wrong. I had no idea that this study was underway and I came to know about it only by chance when I was on the Town website. Frankly, the conclusions and statements in the study shocked me. The conclusion of the study, based on a parking count that someone at McDowell did on one night in late December, is that Middle Creek has AT LEAST 85 vacant/surplus parking space. The reality, however, is that our 247 parking are always/almost always 100% leased to residents at Middle Creek or are used for other key property needs (vendor parking, maintenance parking, Uber/pizza delivery, mail and package delivery, etc.). While in some years we have a handful of extra spaces, more often than not we are 100% leased and regularly turn down tenants' requests for parking. All parking spaces at Middle Creek are reserved/registered to specific residents and their specific personal vehicles. Tenants pay monthly rent for the use of their assigned parking spaces, so we have detailed records and parking controls in place at all times. We boot illegal vehicles, and we maintain waitlists for spaces that come available. Per our on-site Property Manager (who has been with us for nearly 9 years) in an email to me last week, "Our parking is usually/always full and we still have tenants complain about not having parking." After reading the Parking report from McDowell, I reviewed the specifics of parking at Middle Creek on 12/29/2020, which of course mirrors the reservations and utilization that we have on the books this year. Below is a summary of the facts: On 12/29/2020 (and generally also for the 2020/2021 leasing year), all 247 of our parking spaces were reserved for and used exclusively by Middle Creek residents, EXCEPT for: • 1 single car space in the garage (I believe vacant due to a tenant "skip" in earlier December) • Three 2 -car tandem spaces in the garage, and we use 2 of these 3 spaces for residents to temporarily park in when someone has illegally parked in their reserved space and their space is therefore blocked by an illegal (booted) vehicle. Over the years, we have learned to plan for some illegal parking and this system has reduced headaches and complaining from our residents if we can park them in another spot while we deal with the interloper. Illegal parking in reserved spaces happens a lot, although it may not or may not have happened on the specific night of 12/29/2020. We frequently have 2-3 separate cars booted at the same time, and we could perhaps have more except that we only own 3 boots. In summary, there were essentially 3 parking spaces out of 247 on 12/29/20 that we were "vacant" and could have been rented to new parkers. In addition to those parking spaces reserved and assigned to tenants, we have 6 spaces right at our front door that we reserve for short term use (30 minutes), which is for mail delivery, package delivery, visitors to our office, etc. We also reserved 10 other surface parking spaces for overnight visitors, which is specifically for vehicles that register with us in advance for short stays visiting family and friends who live at Middle Creek. If you add all that up, on 12/29/20 and generally for this season (and generally for all of our 16 seasons), we use our parking as follows: Middle Creek Parking Summary Winter 2020/2021 % of If Middle Creek really is a proxy for what might be or could be expected on Lot 3 given the similar characteristics of the apartments and similar populations served, as the McDowell study asserts, that would indicate that 55 spaces would be dramatically under -parked. Middle Creek has 247 spaces/142 units = 1.74 spaces/dwelling unit. I personally think it is also relevant to gauge the parking spaces to the number of adult residents who live at the property, especially since employee housing in resort communities is more densely occupied with roommates than generic mid- level apartments elsewhere. At Middle Creek, we sometimes have 2 roommates who share a bedroom; the Lot 3 architectural plan shows that the 2 bedroom/2 Bath units will be set up for 4 residents, and the 1 bedroom units will be set up for 2 residents, etc. Lot 3 Plan therefore appears to be very dense, accommodating 200+ residents. We typically have about 300 adult residents living at Middle Creek, so we have 247 spaces/300 adults residents = 0.82 parking spaces per adult resident. At 200 residents in the Lot 3 development proposal, the 55 parking spaces proposed would result in 0.27 parking spaces per adult resident and 0.76 parking spaces per dwelling unit. On both measures, Lot 3 would have dramatically less parking than we have at Middle Creek, even though our resident profile would be similar. Look at it this way: If Middle Creek was parked at 0.27 parking spaces per adult resident, as is proposed on Lot 3, that would mean that we would have just 81 parking spaces at Middle Creek versus the 247 parking spaces that we actually have. Candidly, that would be a disaster. dumber Total Reserved Parking For Residents 224 91`io Short term spaces at office 6 2% Registered Visitor Spaces 10 4% Temporary Space if Tenant -reserved space is illegally occupied 4 2% Vacant/Available to rent 3 1% Total 247 100% If Middle Creek really is a proxy for what might be or could be expected on Lot 3 given the similar characteristics of the apartments and similar populations served, as the McDowell study asserts, that would indicate that 55 spaces would be dramatically under -parked. Middle Creek has 247 spaces/142 units = 1.74 spaces/dwelling unit. I personally think it is also relevant to gauge the parking spaces to the number of adult residents who live at the property, especially since employee housing in resort communities is more densely occupied with roommates than generic mid- level apartments elsewhere. At Middle Creek, we sometimes have 2 roommates who share a bedroom; the Lot 3 architectural plan shows that the 2 bedroom/2 Bath units will be set up for 4 residents, and the 1 bedroom units will be set up for 2 residents, etc. Lot 3 Plan therefore appears to be very dense, accommodating 200+ residents. We typically have about 300 adult residents living at Middle Creek, so we have 247 spaces/300 adults residents = 0.82 parking spaces per adult resident. At 200 residents in the Lot 3 development proposal, the 55 parking spaces proposed would result in 0.27 parking spaces per adult resident and 0.76 parking spaces per dwelling unit. On both measures, Lot 3 would have dramatically less parking than we have at Middle Creek, even though our resident profile would be similar. Look at it this way: If Middle Creek was parked at 0.27 parking spaces per adult resident, as is proposed on Lot 3, that would mean that we would have just 81 parking spaces at Middle Creek versus the 247 parking spaces that we actually have. Candidly, that would be a disaster. Whatever the Town decides relative to parking on Lot 3, 1 wanted to make sure that a decision in favor of significantly reduced parking is not based on incorrect data about Middle Creek. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: April 12, 2021 ITEM/TOPIC: 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 129 North Frontage Road West/Lot 3, Middle Creek Subdivision Resub Lot 1, and setting forth details in regard thereto. (PEC21-0016) This item will be heard with PEC21-0015. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: March 22, 2021 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to amend Title 11, Sign Regulations, Vail Town Code, in order to reduce content based regulations following the US Supreme Court ruling in Reed v. Town of Gilbert and accompanying changes, and setting forth details in regard thereto. (PEC20-0032) ATTACHMENTS: File Name Description PEC20-0032 Staff Memorandum 4-12.pdf PEC20-0032 Staff Memorandum Ordinance No. XX Series of 2021 Siqn Code Update.pdf [Attachment A] Draft Ordinance [Attachment Bl Ski Base Areas - 20201030 v3.pdf [Attachment B] Ski Base Sign Overlay Vail Siqn Code Detailed List of Changes.pdf [Attachment C] Detailed List of Changes 0 rowN of vaiL') Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 12, 2021 SUBJECT: A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 11, Sign Regulations, Vail Town Code, in order to reduce content based regulations following the US Supreme Court ruling in Reed v. Town of Gilbert and accompanying changes, and setting forth details in regard thereto. (PEC20-0032) Applicant: Town of Vail Planner: Erik Gates I. SUMMARY The Town of Vail requests the review of a Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 11, Sign Regulations, Vail Town Code, in order to reduce content based regulations following the US Supreme Court ruling in Reed v. Town of Gilbert and accompanying changes. This meeting is intended to discuss proposed changes to the signage standards and to request a recommendation of approval to the Vail Town Council absent of substantial changes requested by the Planning and Environmental Commission. Based upon staff's review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission (PEC) forward a recommendation of approval to the Vail Town Council, subject to the findings in Section VIII of this memorandum. II. BACKGROUND/SITUATION TO BE ADDRESSED On June 18th, 2015, the Supreme Court of the United States (SCOTUS) issued a decision on Reed v. Town of Gilbert in favor of Reed that put the constitutionality of sign codes in many municipalities, including the Town of Vail, into question. The majority opinion of the Court held that all content -based sign code regulation, regulation that requires one to read the content of a sign's speech in order to determine how it is regulated, is subject to strict scrutiny in court. Strict scrutiny for a regulation would require a government to show that the regulation both furthers a compelling government interest and is narrowly tailored to further a government interest; this level of review is usually fatal to the regulation in question. The Court also held that speaker distinctions in sign codes, regulations that apply to a specific speaker or type of speaker, may be subject to strict scrutiny if the distinction is reflective of a content preference by the governing entity. The SCOTUS decision generally points to municipalities needing sign codes that address time, place, and manner distinctions only when it comes to sign regulation. However, the decision left a few open questions in regard to what can and can't be safely regulated. Namely, whether on -premise vs. off -premise distinctions are content neutral, if time restrictions on signs for one-time events are content neutral, and whether the same level of scrutiny applies to content regulations for commercial signs as it does to noncommercial signs. These questions are likely to have more concrete answers as they are heard in lower courts following the Reed v. Town of Gilbert decision. Regardless, in the wake of this decision many municipalities across the United States have moved to update their sign codes to remove content distinctions in their regulations wherever possible, and to reduce on -premise vs. off -premise distinctions and commercial content regulations as much as is manageable. In 2019, Staff began to examine Vail's sign code in detail in order to identify problematic regulations for adjustment or removal. Staff researched other municipalities that had updated their regulations and academic reviews of the Reed v. Gilbert case in order to assist in rewriting regulations. In late September and early October of 2020, three engagement meetings were held virtually in order to discuss the proposed changes to the Title 11 sign code. These meetings were not highly attended, but the proposed changes were generally well received by those in attendance. Following these meetings, the updated proposed sign code was reviewed by the Town Attorney who provided further recommendations for adjustments. On March 23rd, 2021, Staff brought a draft to the PEC for a review of the broad approach to the sign regulations. Staff did not ask for a recommendation to the Town Council at this meeting, but instead asked for broad feedback from the Commission. Concerns brought by the PEC were: • A concern over the lack of regulations for theater signage due to an understanding that theaters have unique and additional signage needs. o Staff has included regulation language for theaters aimed at providing additional signage for these businesses. • Concerns in relation to the additional temporary signage section, specifically related to the amount of signage being allowed and a concern that this would lead to an overabundance of real estate related signs. o Staff has reduced the number and signage area allowed for temporary signs. Town of Vail Page 2 o Staff has reduced the timeframe allowed for each temporary sign. Changes proposed in the current draft of the new sign code aim to remove content and speaker distinctions as much as possible, to "clean up" the code by removing redundant or irrelevant definitions and regulations, and to address concerns brought by the PEC at previous meetings. The new sign code in the form of a repeal and replace ordinance (Attachment A), the proposed Ski Base Overlay sign district map (Attachment B), and a line -by-line breakdown of the proposed changes from the existing sign code (Attachment C) are attached for review. III. PROPOSED TEXT AMENDMENT LANGUAGE Various changes are proposed for nearly every chapter of the Title 11 sign code. Please see Attachment A for the new proposed sign code language and Attachment C for how the changes present in the proposed sign code relate to the existing sign code language. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications are reviewed by the Planning and Environmental Commission and the Commission forwards a recommendation to the Town Council. The Town Council then reviews the text amendment application and makes the final decision. Planning and Environmental Commission: 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 has no review authority over a text amendment to the Vail Town Code, however it is common practice for the Design Review Board to weigh in on amendments that would have an impact on the overall appearance of the Town. 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, Prescribed Regulations 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 prov des 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 Town of Vail Page 3 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 11, Sign Regulations, Vail Town Code CHAPTER 11-1, DESCRIPTION, PURPOSE, AND APPLICABILITY (in part) Section 11-1-2: Purpose.- A. urpose: A. General Purpose: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town of Vail and to promote the coordinated and harmonious design and placement of signs in the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. B. Specific Purpose: These regulations are intended to achieve the following specific purposes.- 1. urposes: 1. To describe and enable the fair and consistent enforcement of signs in the town of Vail. 2. To encourage the establishment of well designed, creative signs that enhance the unique character of Vail's village atmosphere. 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform. 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community. Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-3, ADMINISTRATION AND ENFORCEMENT (in part) Section 12-3-7: Amendment.- A. mendment: A. Prescription: The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. B. Initiation.- 1. nitiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town council on its own motion, by the Town of Vail Page 4 planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. C. Criteria And Findings.- 2. indings: 2. Prescribed Regulations Amendment.- a. mendment: a. Factors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment.- (1) mendment: (1) The extent to which the text amendment furthers the general and specific purposes of the zoning regulations, and (2) The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town, and (3) The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable, and (4) The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and (5) Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. b. Necessary Findings: Before recommending and/or granting an approval of an application for a text amendment the planning and environmental commission and the town council shall make the following findings with respect to the requested amendment.- Town mendment: Town of Vail Page 5 (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, 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. VI. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Staff finds the proposed sign code update furthers the general and specific purposes of the zoning regulations by making regulations more fair and consistent through the removal of most content and speaker -based distinctions. The sign code update ultimately allows for a greater degree of freedom and creativity in sign design as a result of this effort as well. While the proposed update removes much of the Town's ability to control the actual content of a sign itself, the update generally preserves current signage area and number allowances, thereby preventing unnecessary clutter. 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 While little of the Vail comprehensive plan speaks directly about signage, it can be inferred that this proposed update overall helps to achieve the applicable goals, objectives, and policies of the comprehensive plan. A common theme in Vail's documents that make up the comprehensive plan speak of the need to preserve the existing character of the town. For example, a goal in the Vail Land Use Plan it states: 4.3. The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) These elements of ambiance mentioned above can still be regulated in the town's signs through size constraints, number constraints, material constraints, lighting constraints, and location constraints without having to enforce content distinctions. Town of Vail Page 6 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 Vail's sign code has had one minor update, relating to Ski Base Area Signs, since 2010. This means that the majority of the town's sign code was written well before the SCOTUS determination in Reed v. Town of Gilbert. Because of this, much of the existing sign code was written in a regulatory landscape that no longer exists. Prior to 2015, though not universally, content distinctions in sign codes were often subject to intermediate scrutiny at worst and successfully justified through purposes that claimed no favoritism for any particular viewpoint or speaker. While these purposes are still important to sign code regulations, content -based regulations now require a significantly higher burden of proof from local governments to show that these regulations are furthering a compelling government interest and constitutional. For many content -based regulations this is not feasible, if not impossible. 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 Staff believes this text amendment will ensure a harmonious, convenient, workable relationship among land use regulations consistent with the Town's development objectives. The proposed regulations should not significantly increase clutter in Vail via signage, and the regulations do not limit the town's ability to regulate signage size or location. Due to the nature of these changes to the sign code largely being the removal of content restrictions, they should have no impact on other existing land use regulations and are not expected to create nonconformities with existing signs. 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 amendment. VII. ENVIRONMENTAL IMPACTS The proposed prescribed regulation amendment does not have any identifiable environmental impacts. VIII. STAFF RECOMMENDATION Town of Vail Page 7 The Community Development Department recommends 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 VI of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text 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 Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 11, Sign Regulations, Vail Town Code, in order to reduce content based regulations following the US Supreme Court ruling in Reed v. Town of Gilbert and accompanying changes, 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 VI of the April 12, 2021 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 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. Draft Ordinance Town of Vail Page 8 B. Ski Base Area Overly Map C. Detailed Changes from the Existing Sign Code Town of Vail Page 9 ORDINANCE NO. XX Series of 2021 AN ORDINANCE REPEALING AND REENACTING TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, TO ADOPT UPDATED SIGN REGULATIONS, AND SETTING FORTH DETAILS IN REGARD THERETO... WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Town has determined that amendments to the Vail Town Code are necessary to ensure, among other things, that the Town's sign regulations are consistent with the U.S. Supreme Court's decision in Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015); WHEREAS, the Planning and Environmental Commission of the Town of Vail has held a properly noticed public hearing on the proposed amendment on XXXX, 2021 in accordance with the provisions of the Vail Town Code; WHEREAS, the Planning and Environmental Commission recommended approval of these amendments at its XXXX, 2021 meeting, and has submitted its recommendation to the Council; WHEREAS, the Council finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 11, Sign Regulations, Vail Town Code; and WHEREAS, the Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 11, Sign Regulations, Vail Town Code, is hereby repealed in its entirety and reenacted to read as follows: CHAPTER 1: DESCRIPTION, PURPOSE, AND APPLICABILITY 11-1-1: DESCRIPTION: This title may be cited as the SIGN REGULATIONS for the Town, and shall be incorporated as title 11 of this code. 11-1-2: PURPOSE: A. General Purpose: This Title is enacted for the purpose of promoting the health, safety, and general welfare of the Town of Vail and to promote the coordinated and harmonious design and placement of signs in the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. B. Specific Purpose: This Title is intended to achieve the following specific purposes: 1. To describe and enable the fair and consistent enforcement of signs in the Town of Vail. 2. To encourage the establishment of well designed, creative signs that enhance the unique character of Vail's village atmosphere. 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform the public. 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community. 5. To preserve freedom of expression in the Town of Vail. C. This Title is not intended to restrict noncommercial speech on the basis of its content, viewpoint, or message. 11-1-3: APPLICABILITY: Except as provided elsewhere in this title, the design, placement, and use of any signs shall be in compliance with all of the regulations specified in this title. All signs in the Town of Vail are subject to the design guidelines and standards (chapter 5 of this title) and design review. 11-1-4: SEVERABILITY CLAUSE: The severability of any section, subsection, sentence, clause or phrase, as set forth in Section 1-2-4 of this Town Code. CHAPTER 2: DEFINITIONS 11-2-1: DEFINITIONS ENUMERATED: ABANDONED SIGN: A sign, and its supporting structure, that has ceased to be used for the display of sign copy. ADMINISTRATOR: The director of the department of community development or his/her designee. AGGRIEVED PERSON: Any person who will suffer an adverse effect to an interest protected or furthered by this title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. ANIMATED SIGN: Any sign or part of a sign that changes physical position by any movement or rotation or that gives the visual impression of such movement or rotation. AWNING OR CANOPY: A permanently roofed shelter covering a sidewalk, building entrance, window, or other outdoor space. This shelter may be wholly or partially supported by a building, columns, poles, or braces extending from the ground. BUILDING FRONTAGE: The horizontal, linear dimension of any side of a building that has a usable public entrance that parallels a major vehicular or pedestrian way or other major circulation area. BUILDING IDENTIFICATION SIGN: A sign permitted based on building frontage, regardless of the number of tenants residing therein. BUSINESS FRONTAGE: The horizontal, linear dimension of any side of an above grade level that faces a major vehicular or pedestrian way and has its own public entrance for the exclusive use of said business. BUSINESS SIGN: A sign placed on a business frontage, typically as a wall or projecting sign. BUSINESS, VACATED: A commercial entity that has been closed and vacated for more than ninety (90) days without intent to reopen. CHANGEABLE COPY: A manually operated sign that displays content that can be easily changed or altered. CLEARANCE: The vertical distance from existing grade to the lowest hanging point of any projecting/hanging sign or flag. CONSTRUCTION SIGN: A temporary sign located on a parcel of property, on which construction activities of any type are being actively performed. DIRECTIONAL SIGN: a sign located within five (5) feet of an entrance or exit to a lot, for any building on the lot, or for parking for the lot. DISPLAY BOX: A freestanding or wall sign that is enclosed in glass or a similar clear material on at least one side. ELECTRONIC MESSAGE CENTER: A sign that contains changing messages or images composed of electronically illuminated segments and/or a series of grid lights, including, but not limited to, cathode ray, LED, plasma, LCD, fiber optic, or other electronic media or technology. ELECTRONIC SIGN: A sign utilizing video screens, variable message, digital display and similar features. Illumination sources may include, but are not limited to, LCD, LED, incandescent, and other similar light sources. Messages may roll, scroll, dissolve, and alternate periodically. ERECT: To build, construct, attach, hang, place, mount, suspend, or affix a sign: This also includes the painting of wall signs, murals or supergraphics. FINISHED GRADE: The existing level of a property after any development or construction activity and prior to the erection of a sign. FIRST FLOOR OR STREET LEVEL: For the purposes of calculating allowable sign area, first floor or street level shall be any floor, or portion of any floor, of a structure located at or nearest to (either above or below) the level of the adjacent vehicular or pedestrian way, as determined by the administrator. More than one floor, or portion of floors, may be defined as first floor or street level within a single structure. FLAG: Any fabric or similar lightweight material typically attached to a staff or pole, which is intended to be permanently affixed to the ground or attached to a building. FLASHING SIGN: Any directly or indirectly illuminated sign that exhibits changing natural or artificial light or color effects by any means whatsoever. FREESTANDING SIGN: A single or multi -faced sign that is detached from a building and is affixed to a supporting structure or imbedded in and extending from the ground. GOVERNMENT SIGN: Any sign erected or installed by a Federal, State, County, or Local government agency. HEIGHT: For the purposes of this title, the height above existing grade to the highest part of a sign and its structures, unless otherwise noted or described. ILLUMINATED SIGN: A sign emitting or reflecting a steady suffused or glowing light. ILLUMINATION, DIRECT: Lighting by means of an unshielded light source whereby the light source is directly visible to the viewer. ILLUMINATION, HALO: An internal light source, that is not visible to the viewer, for a sign making use of opaque surfaces such that light only shines through the back and sides of the sign. ILLUMINATION, INDIRECT: A light source separated from the sign that illuminates the sign's surface by means of spotlights or similar fixtures with reflective housings that control and direct light onto the sign area; the indirect light source is not visible to the viewer. ILLUMINATION, INTERNAL: A light source that is not directly visible to the viewer and is within a sign that makes use of a translucent screening; prohibited in the Town of Vail, excluding for Government Signs MASONRY INSCRIPTION: Any text or numeral etched into masonry. MURAL: A work of art or a painting that is applied to, and made an integral part of, an exterior wall. NEIGHBORHOOD SIGN: A sign located within common or jointly owned spaces in a residential district. NONCONFORMING SIGN: Any sign that was approved by the Town of Vail, and erected and maintained prior to the enactment of this title and any amendments thereto, but that fails to conform to all applicable regulations and restrictions of this title. OFF PREMISES SIGN: Any sign located on a premise not owned or rented by the owner of the sign. OPEN HOUSE: The period of time during which a specific property is actively listed for sale, as evidenced by such parcel's listing in a multiple listing service or other real estate listing service, and is open for viewing by potential buyers or renters. OPEN HOUSE SIGN: A temporary sign used in association with a property conducting an open house. PORTABLE SIGN: A sign that is not permanently attached to the ground, a building, or a structure. This does not include a vehicle mounted sign as defined herein. PRIVATE WARNING SIGN: A sign designed to warn others of specific dangers or regulations on the property on which the sign is erected. PROJECTING SIGN: A sign that is attached to a building, extending horizontally beyond the surface of the building to which it is attached. PUBLIC ENTRANCE: An entrance to a building or business that is customarily used or intended for use by the general public. Fire exits, employee entrances, loading dock entrances not generally used by the public, French doors that open onto a patio but are not used as a primary entrance, and other similar entrances shall not be considered public entrances. A double door shall be counted as one public entrance. QUANTITY: The number of signs allowed a business or building. REFLECTIVE SURFACE: Any material or device that has the effect of intensifying reflected light, including but not limited to, Scotchlite®, Day-Glo®, glass and luminous paint. RESIDENTIAL SIGN: A small sign permitted for every residence in the Town of Vail. SIGN: Any object, device, display, structure, or fixture situated in the public view and involving graphics, colors, symbols, written copy, or illumination and which is used to communicate, advertise, draw attention to, or identify an object, person, institution, organization, business, product, service, event, or location by any means including words, letters, figures, designs, symbols, fixtures, colors, motion, illumination, or projected images. SIGN DISTRICT: Any one of three (3) areas designated by the Town of Vail in this title, each of which is subject to different standards. SIGN MAINTENANCE: The replacing, repairing or repainting of a sign and/or its structure due to ordinary wear and tear, weathering, or accident. SIGNPOSTS AND POLES: Any vertical upright(s) that supports a freestanding sign, that is not attached to or braced by any other structure. SIGN PROGRAM: A master plan designed to show the number and relationship of signs for any building or cluster of buildings that houses multiple tenants and is therefore allowed multiple signs. SIGN STRUCTURE: The supports, uprights, braces, hanging devices, and framework of a sign. SITE: As defined in Section 12-2-2 of the Vail Town Code. SKI BASE AREA: For the purpose of regulating ski base signs, any area within Vail's Ski Base Sign District. SKI BASE SIGN: A sign for use within the Town of Vail's Ski Base Sign District. TEMPORARY SIGN: A sign that is intended for a definite and limited period of display that is not permanently affixed to a structure or sign structure. THEATER: An establishment for the rehearsal and presentation of performing arts and/or the showing of movies or motion pictures. VEHICLE SIGN: A sign that is painted, attached to, or placed on a vehicle or the bed of a trailer, when the vehicle or trailer is parked on a public right-of-way or public property, or on private property so as to be visible from a public right-of-way, for the primary purpose of advertising products or directing people to a business or activity on the same or nearby premises, excluding a vehicle sign when the vehicle is primarily used for business purposes other than advertising. WALL SIGN: A sign that is attached to, painted onto, or erected upon the wall of a building or structure, with the exposed face of the sign in a plane parallel to the face of the wall. WINDOW SIGN: A sign installed upon or within three feet (3') of a window that is visible from the nearest pedestrian or vehicular way. This term does not include merchandise displays. ZONE: A zoning district as described in Title 12, "Zoning Regulations", of this code (e.g., ABD or CC3). A "zone" is not the equivalent of a sign "district", as described in this title. CHAPTER 3: ADMINISTRATION 11-3-1: ADMINISTRATION OF SIGN REGULATIONS: A. Administrator: 1. The administrator of this title as defined in section 12-3-1, "Administrator; Appointment", of this code. 2. Responsibilities: The administrator, and his/her designees, shall be responsible for such duties as prescribed in this title and shall be responsible for enforcement of the sign regulations. The administrator shall have the right to enter on any site for the purpose of investigation or inspection related to any provision of this title, provided that the right of entry shall be exercised only at reasonable hours and that in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction 3. Enforcement: The administrator may serve notice indicating the nature of any violation, or requiring the removal of any sign or structure in violation of this title, on the owner or his/her authorized agent, or a tenant, or on any other person who commits or participates in any violation of this title. The administrator may call upon the town attorney to institute necessary legal proceedings and the chief of police and his/her authorized agents to assist in the enforcement of this title. B. Design Review Board: The design review board, as established by title 3, chapter 4 of this code, shall be responsible for the duties prescribed in this title, which entail the review of sign applications. C. Amendments: The regulations prescribed in this title may be amended or repealed according to section 12-3-7, "Amendment", of this code. The provisions of this title shall not limit the liability of any person who erects or owns any sign from personal injury or property damage resulting from the placing of a sign, or resulting from the negligence or willful acts of such person or his/her agents, employees or workers, in the construction, maintenance, repair, or removal of any sign erected in accordance with a permit issued under the provisions of this title. The provisions of this title shall not impose upon the Town of Vail, its officers, employees, or the design review board, any responsibility or liability by reason of the approval of any sign. CHAPTER 4: SIGN APPLICATION PROCEDURES 11-4-1: SUBMITTAL REQUIREMENTS: Any sign erected within the Town of Vail shall be regulated by this title and is subject to design review by the staff and/or design review board of the Town of Vail. The following application requirements must be met for any sign that is to be erected within the Town of Vail: A. Sign Application: A sign application for the erection of an individual sign consists of an application for design review which must be obtained from the Town of Vail's community development department, properly completed per the instructions, and returned with the appropriate materials to the staff in order to begin the 2 -phase review process listed in section 11-4-2 of this chapter. B. Application Fee: A reasonable application filing fee shall be set by the Vail town council to include the cost of the Town of Vail administration time and other expenses involved in the review of the application. The fee shall be paid at the time that the application is submitted and shall not be refundable. 11-4-2: SIGN APPLICATION REVIEW: Criteria For Decision: Each sign application is subject to the following two (2) levels of review: staff review and design review board (DRB) review. A. Staff Review: The community development department of the Town of Vail shall accept for review the properly completed sign application. 1. If the staff determines that the sign application unquestionably meets the standards of this title, including the design guidelines and standards as they are stated in chapter 5 of this title and the technical requirements as they are stated in chapters 6 and 7 of this title, staff shall then approve the application. All applications approved by the staff shall be listed on the next publicly posted agenda of the design review board. 2. If the staff determines that the sign application meets the standards of this title, but does not unquestionably meet the design guidelines and standards as they are stated in chapter 5 of this title and the technical requirements as they are stated in chapters 6 and 7 of this title, staff will schedule the application for review by the design review board at their next hearing, held the first and third Wednesdays of each month. 3. If the staff determines that the sign application does not meet the standards outlined in this title, including the design guidelines and standards as they are stated in chapter 5 of this title and the technical requirements as they are stated in chapters 6 and 7 of this title, staff shall deny the application. Upon denial of the application based on lack of compliance with any part of this title, the applicant will be notified of the denial in writing and may submit a new application to the staff, file an appeal of the staff decision to the design review board, or file an application for a variance in accordance with chapter 10, "Variances And Appeals", of this title. B. Design Review Board Review: The design review board will review all sign applications scheduled on their agenda by staff, in the required presence of the applicant or such applicant's representative, to ascertain the proposal's conformance with the design guidelines and standards as listed in chapter 5 of this title and the technical requirements as listed in chapters 6 and 7 of this title. 1. Upon determination of compliance with the design guidelines and standards listed in chapter 5 of this title and the technical requirements as listed in chapters 6 and 7 of this title, the design review board will approve, or approve with conditions, the applicant's sign proposal. The applicant will be notified in writing of the approval and any conditions placed on the approval, and may then erect the sign according to the approved application. 2. Upon design review board denial of the application based on the design guidelines and standards listed in chapter 5 of this title and/or the technical requirements listed in chapters 6 and 7 of this title, the applicant will be notified in writing of the reasons for denial and may submit a new application to staff according to the recommendations from the design review board. The applicant may file an appeal to the town council if he/she chooses not to submit a new application to staff (see chapter 10, "Variances And Appeals", of this title). CHAPTER 5: DESIGN GUIDELINES AND STANDARDS; SIGN MEASUREMENT 11-5-1: PURPOSE: The design guidelines and standards exist to provide direction for signs within the Town of Vail that enhance local streetscapes and provide aesthetic consistency with both the built and natural environment. The guidelines and standards are intended to encourage expression and creativity. The design guidelines make use of the word "should", to allow for subjectivity and creativity, whereas the design standards make use of the word "shall", signifying strict interpretation and enforcement. The sign measurement section exists to ensure that measurement of sign area is properly calculated in order to facilitate signage that upholds the purpose of this title. 11-5-2: DESIGN GUIDELINES: Any sign erected within the Town of Vail should: A. Be consistent with the scale and architecture already present in the Town: Sign location, configuration, mounting structure, framing design, and size should be aesthetically harmonious with the mountain setting and the alpine village atmosphere of the Town. B. Be compatible with the placement of surrounding signs: Similar signs should not be placed within close proximity of each other, but should instead incorporate variety and visual interest within the "view corridor" that they are placed. Signs shall not create visual clutter. The staff shall review all proposed signs in the context of adjacent signage to verify that the sign is appropriately placed. C. Be composed of predominately natural materials which may include, but are not limited to, painted, stained, solid, or carved wood; brick; stone; wrought iron or metals such as copper or brass that have been treated to prevent reflective glare; nonreflective glass and stained glass; other naturally textured building materials. Plastic and other synthetic materials that are not naturally textured, such as sign foam, vinyl or Plexiglas®, are discouraged. D. Use natural colors: 1. Earth tones: Full spectrum of soil, clay, and metallic colors; 2. Neutrals: Off whites to deep brown and black; 3. Bright colors should be used only as accents. E. Use creative graphics and lettering: The creative use of depth, relief, shading, three- dimensional projections and other pleasing textural qualities is generally encouraged. Three-dimensional projections shall not be calculated as part of total sign area. F. Be surrounded by landscaping: Landscaping, when appropriate, should be designed in harmony with surrounding natural landforms and native plants (xeriscaping). G. Use inconspicuous lighting: Lighting should be integrated into the overall design of the sign, both in color and placement, and should be of no greater illumination than is necessary to make the sign visible at night. Recessed and indirect light sources are encouraged. 11-5-3: DESIGN STANDARDS: Any sign erected within the Town of Vail shall conform to the following standards: A. Compatibility: Signs shall be visually compatible with the size of surrounding structures and other signage and shall not visually dominate the structure or business to which they belong. The staff shall review all proposed signs in the context of adjacent signage to verify that the sign is appropriately sized. B. Colors: Fluorescent, Day-Glo® and neon colors are prohibited, unless the owner of the sign has a copyright to such color. C. Reflective Surfaces: Sign surfaces that reflect light are prohibited and shall instead be comprised of matte or flat finishes. D. Lighting Fixtures: Lighting shall be white in color. Lights shall not shine or reflect onto adjacent properties. Internal illumination and fluorescent/neon light sources are prohibited. All lighting shall be subject to design review. E. Sign Maintenance: All signs, including their support structures and related fixtures, shall be kept in good repair; this includes replacement of lighting, repainting when appropriate, and other actions that contribute to attractive signage. The display surfaces and hardware of all signs shall be properly painted, finished, or posted at all times. The glass surfaces on which window signs are affixed shall be well maintained. F. Electrical Wiring: Electrical wiring shall be concealed. In addition, all signs that contain electrical wiring shall be subject to the provisions of the adopted electrical code of the Town and the electrical components shall bear the label of an approved testing agency. G. Wind Pressure And Dead Load Requirements: Any "sign", as defined throughout this title, shall be designed to withstand wind pressures and shall support dead loads as required by the most recent building code (IBC) at the time of construction, as adopted by the Town of Vail and determined by the chief building official. H. Placement On Public Property: Signs shall be constructed on private property outside of the Town right of way and shall not project onto the Town right of way except when permitted under a licensing agreement or a revocable right of way permit issued from the Town of Vail. Sign Inspection: Each sign for which a permit is required shall be subject to inspection by the staff. 11-5-4: SIGN MEASUREMENT: A. Single Faced Signs: Single faced signs (i.e., awning signs, wall signs) shall be measured by up to two (2) imaginary polygons enclosing all letters, graphics and sign base material, including framing, not integrated into the architecture of the building. B. Multifaced Signs: When two (2) sign faces are placed back to back and are at no point more than one foot (1') from one another, the sign area shall be the area of the larger face. Sign area of all other multifaced signs shall be calculated as the total area of all sign faces. C. Window Signs: Window signs shall be measured by the exact square footage of opaque or translucent materials affixed within three feet (3') of the window. D. Display Boxes: Display boxes shall be measured by the area of the outside dimensions of the box, including framing. E. Brackets And Fixtures: Brackets, fixtures and other means of securing a sign shall not count towards square footage of signage. CHAPTER 6: BUSINESS AND BUILDING IDENTIFICATION SIGNS 11-6-1: SIGN DISTRICTS: A. Sign District 1 (SD 1): All of vail except for property zoned ABD, CC3, and PA -2. B. Sign District 2 (SD 2): All property zoned ABD, CC3, and PA -2 (West Vail and Cascade Crossing). C. Ski Base Overlay Sign District (SBO): Properties that are a part of the Ski Base Sign Area as defined by the Ski Base Overlay map. 11-6-2: BUSINESS SIGNS: A. Business Signs: 1. Business signs in sign district 1 (SD 1): a. Number: Each business shall be allowed one business sign per public entrance. b. Area: The allowable area of each business sign shall be up to six (6) square feet. At the discretion of the design review board. c. Height: Projecting and awning signs shall have a minimum clearance of eight feet (8') above pedestrian ways and a minimum clearance of fifteen feet (15') above vehicular ways. No part of any business sign shall extend more than twenty-five feet (25') above existing grade. d. Location: Business signs shall be located on the business frontage. e. Type Of Sign: Business signs shall not be freestanding. f. Businesses Not On The First Floor Or Street Level: Businesses not located on the first floor or street level shall be allowed only one projecting sign with a maximum area of six (6) square feet; location shall be subject to design review. 2. Business signs in sign district 2 (SD 2): a. Number: Each business shall be allowed one (1) business sign per business frontage with a maximum of three (3) per business. b. Area: The combined area of allowed business signs is based on the combined business frontages, and is as follows: Combined Business Frontages Total Sign Area 0 feet — <13 feet 10 square feet 13 feet — <25 feet 14 square feet 25 feet — <50 feet 20 square feet 50 feet — <75 feet 30 square feet 75 feet — <100 feet 40 square feet 100 feet plus 50 square feet c. Height: Projecting and awning signs shall have a minimum clearance of eight feet (8') above pedestrianways and a minimum clearance of fifteen feet (15') above vehicularways. No part of any business sign shall extend more than twenty-five feet (25') above existing grade. d. Location: Business signs shall be located on the business frontage. e. Type Of Sign: Business signs shall not be freestanding. f. Businesses Not On The First Floor: Businesses not located on the first floor shall be allowed only one projecting sign with a maximum area of six (6) square feet; location shall be subject to design review. B. Display Boxes (SD 1 And SD 2): 1. Number: Each business shall be allowed one display box, per subsection B6 of this section. 2. Area: Display boxes shall not exceed six (6) square feet. 3. Height: The height of the highest part of the display box shall not extend more than six feet (6) above existing grade. 4. Location: Display boxes shall be located on the business frontage. 5. Type of Sign: Display boxes shall not be freestanding signs. C. Window Signs (SD 1 And SD 2): 1. Number: The number of window signs is not regulated as long as area requirements are met. 2. Area: The area of all window signs shall not exceed fifteen percent (15%) of the area of the window in which they are placed, with a maximum size per window sign of six (6) square feet. Mullions that are more than twelve inches (12") wide shall be considered window separators, thereby signifying a separate "window area". 3. Height: The top of any window sign shall not extend more than twenty-five feet (25') above existing grade. 4. Special Provisions: Any signs placed inside of a business, within three feet (3') of a window and visible from the outside shall be counted toward total window sign area. 11-6-3: BUILDING IDENTIFICATION SIGNS: A. Description: All building signs shall comply with the regulations listed herein and shall also be subject to review by the design review board, which reviews signage based on the criteria in chapter 5 of this title. The total area allowed for building identification signage in both sign district 1 and sign district 2 includes the total number of its building signs, each measured differently, according to the type of building identification sign, and varies according to building frontage (see following tables). 1. Sign District 1 (SD 1); Allowable Building Identification Sign Area: The linear frontage of a building shall be measured in the same manner as that of a business, except that frontages shall not be delineated by inner divisions between tenant spaces. Building identification signs, unlike business signs, shall be allowed on building frontages without entrances, as long as that frontage parallels a major pedestrian or vehicular way. Building Frontage Allowed Total Sign Area 10 feet — <50 feet 20 square feet 50 feet — <75 feet 30 square feet 75 feet — <100 feet 40 square feet 100 feet — <150 feet 50 square feet 150 feet — <200 feet 50 square feet 200 feet plus 60 square feet 2. Sign District 2 (SD 2); Allowable Building Identification Sign Area: The linear frontage of a building shall be measured in the same manner as that of a business, except that frontages shall not be delineated by inner divisions between tenant spaces. Building identification signs, unlike business signs, shall be allowed on building frontages without entrances, as long as that frontage parallels a major pedestrian or vehicular way. Building Frontage Allowed Total Sign Area 10 feet — <50 feet 20 square feet 50 feet — <75 feet 30 square feet 75 feet — <100 feet 40 square feet 100 feet — <150 feet 50 square feet 150 feet — <200 feet 50 square feet 200 feet — <250 feet 60 square feet 250 feet — <300 feet 60 square feet 300 feet — <400 feet 70 square feet 400 feet plus 80 square feet 3. Sign Districts 1 And 2; Types Of Building Identification Signs: a. Freestanding Signs: (1) Number: One (1) freestanding sign per building frontage on a major pedestrian or vehicular way, with a maximum of two (2) freestanding signs per building. (2) Area: Freestanding building identification signs shall be subject to the total sign area requirements of the building frontage tables listed previously and shall be measured according to the total sign area. (3) Height: No part of a freestanding building identification sign shall be higher than eight feet (8') above existing grade. (4) Special Provisions: Freestanding signs shall be placed on two (2) separate building facades facing pedestrian and vehicular ways and shall be subject to design review. A joint directory sign, though a type of freestanding sign, shall not count toward the total quantity of freestanding signs allowed. b. Wall Mounted Signs: (1) Number: One (1) sign per building frontage on a major pedestrian or vehicular way. A maximum of two (2) wall mounted building identification signs shall be allowed if a building has two (2) frontages as defined in these regulations. (2) Area: Wall mounted building identification signs shall be subject to the total sign area requirements of the building frontage tables listed previously, and shall be measured according to the size of the text only. (3) Height: No part of a wall mounted building identification sign shall be higher than twenty-five feet (25') above existing grade. (4) Special Provisions: If using two (2) signs, signs shall be placed on two (2) separate frontages, subject to design review. c. Joint Directory Signs: (1) Number: One (1) joint directory sign per building unless the building has more than one building frontage (see chapter 2, "Definitions", of this title) with a combined linear frontage that exceeds one hundred fifty feet (150'), in which case that building shall be entitled to two (2) joint directory signs. No building identification sign, other than a joint directory sign, shall be allowed for the side of a building that houses a joint directory sign. (2) Area: Each joint directory sign may contain signage of up to one (1) square foot per business tenant in a building, and up to three (3) square feet for the name of the building, placed atop the joint directory sign. (3) Height: No part of a joint directory sign shall be higher than eight feet (8') above existing grade. (4) Special Provisions: A joint directory sign, though a type of freestanding sign, shall not count toward the total quantity of freestanding signs allowed. However, the area of the joint directory sign shall be included in the total building identification area allowed according to building frontage. All joint directory signs shall be kept current according to business turnover. CHAPTER 7: OTHER SIGNS 11-7-1: FLAGS: A. Quantity: A maximum of two (2) flags per property. B. Size: Flags are not to exceed twenty-four (24) square feet in area. C. Height: 1. Clearance: Flags shall have a minimum clearance of eight feet (8') when projecting over public walkways and a minimum clearance of fifteen feet (15') when projecting over vehicular streets. 2. No flagpole shall be higher than twenty-five feet (25') within the Town of Vail. D. Commercial Flags: Flags used for the advertisement of any business, product, or service are subject to DRB review. E. Non -Commercial Flags: Flags not used for the advertisement of any business, product, or service are exempt from DRB review, unlimited in number, but must conform to all dimensional standards. Flagpoles and other mounting structures require a building permit. F. Special Events: Flags used for the purpose of promoting community activities or the sponsors thereof shall be exempt from the application procedure described in this title and shall instead be subject to the requirements associated with acquiring a Special Events Permit from the Town of Vail. 11-7-2: RESIDENTIAL SIGNS: A. Size: Size shall not exceed one-half (1/2) square foot per dwelling unit. B. Height: No part of the sign shall extend above eight feet (8') above existing grade. C. Number: One (1) sign per dwelling unit. D. Location: Subject to design review. E. Design: Wall mounted, freestanding, or projecting/hanging, subject to design review. F. Lighting: Indirect. G. Landscaping: Subject to design review. H. Special Provisions: Structures having three (3) or more living units may have one (1) exterior residential sign directory, provided that the individual signs of the directory are of a standard design and size. 11-7-3: NEIGHBORHOOD SIGNS: A. Description: In all residential zone districts, any property or portion of a property under common ownership or management shall be allowed additional signage within the area under common ownership or management. The common space must be common to more than 4 units to qualify for a neighborhood sign. B. Number: One (1) sign per curb cut accessing the common space. C. Area: Combined area of all neighborhood signs shall not exceed twenty (20) square feet. D. Height: No part of a neighborhood sign shall extend more than eight feet (8') above finished grade. 11-7-4: CONSTRUCTION SIGNS: A. Area: The area of any construction sign shall not exceed twenty (20) square feet, with a horizontal dimension no greater than ten feet (10'). B. Height: The top of a construction sign shall be no higher than eight feet (8') above grade. C. Number: One (1) sign per construction site. D. Location: Construction signs shall be mounted parallel and flush to the building wall or construction fence adjacent to the street or major pedestrianway to which the construction site abuts. E. Lighting: Not permitted. F. Type Of Sign: Construction signs shall not be freestanding signs. G. Display Duration: Construction signs may be displayed upon issuance of the associated building permit(s) and shall be removed prior to the issuance of a certificate of occupancy. H. Construction signs must comply with the current building code adopted by the Town of Vail and any other relevant state or federal law. 11-7-5: THEATER SIGNS Theaters and movie/media rental business will be allowed three (3) theater signs in the front window at any one time. The allowable area of each theater sign may be up to eight (8) square feet, subject to design review approval. Theater signs may be electronic signs. When used as a theater sign, the illumination levels of an electronic sign must be adjusted to the ambient light conditions and be no brighter than is necessary for clear and adequate visibility. When used as a theater sign, electronic signs shall not emit light between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. the following day. 11-7-6: OPEN HOUSE SIGNS: A. Number: For each real property that is actively listed for sale, as evidenced by such parcel's listing in a multiple listing service or other real estate listing service, one (1) temporary sign is allowed. B. Location: An Open House Sign is allowed at a street corner on the street from which the main entrance to the property is accessed. It must be placed in a manner to not obstruct the flow of traffic or impede in the safe usage of the Right -of -Way. C. Area: The area of any open house sign shall not exceed three (3) square feet. D. Height: The height of any open house sign shall not exceed four feet (4') as measured from the top of the sign to the grade at the base of the sign. E. Display Duration: This sign is only allowed during the period of time when the property is open for viewing to the public without an appointment (aka an "open house") 11-7-7: BALLOONS: All balloons, regardless of their size, shall be subject to a special events permit. 11-7-8: PUBLIC PARKING AND LOADING SIGNS FOR PRIVATE PROPERTY: A. Description: A public parking and loading sign is permitted for private properties which provide "public unstructured parking" or "public parking structures" as defined by section 12-2-2, "Definitions Of Words And Terms", of this code, with a minimum of twenty-five (25) parking spaces and/or loading bays for use by the public. These public parking spaces must be above and beyond the requirements of title 12, chapter 10, "Off Street Parking And Loading", of this code. 1. Number: One (1) sign per public vehicular entrance, unless the administrator determines fewer or additional signs are necessary to promote the safe and expedient flow of traffic. 2. Area: The allowable area of any single public parking and loading sign shall not exceed ten (10) square feet, unless the administrator determines a smaller or larger area is necessary to promote the safe and expedient flow of traffic. 3. Height: Projecting and awning signs shall have a minimum clearance of eight feet (8') above pedestrianways and a minimum clearance of fifteen feet (15') above vehicularways. No part of any public parking or loading signs shall extend more than twenty-five feet (25') above grade. 4. Location: Subject to design review. Signs may be permitted in the Town's right of way, subject to subsection 11-5-31, "Placement On Public Property", of this title. 5. Type: Awning, freestanding, projecting or wall mounted. 6. Lighting: Subject to design review. 11-7-9: SKI BASE AREA SIGNS: A. Description: These regulations apply to all signs erected within the ski base areas. There shall be a sign program addressing the needs of both the winter and summer seasons. It is not the intent of these regulations to provide a competitive advantage to on mountain commercial uses. 1. Number: Subject to design review. 2. Area: Subject to design review. 3. Height: Awning, projecting, wall, and electronic signs shall have a minimum clearance of eight feet (8') above pedestrianways and a minimum clearance of fifteen feet (15') above vehicularways. No part of a ski base sign shall extend more than twenty-five feet (25') above grade. 4. Location: Subject to design review. Signs may be permitted in the public right of way subject to subsection 11-5-31, "Placement On Public Property", of this title. 5. Type: Awning, freestanding, portable, projecting, wall, and electronic signs. A - frame and sandwich board style signs are prohibited. 6. Lighting: Subject to design review. 7. Special Provisions: A sign program is required in accordance with the provisions of chapter 8 of this title. 11-7-10: RESTAURANT SIGNS: A. Description: Additional signage allowed for all eating and drinking establishments within the Town of Vail, subject to the following standards. B. Display Boxes: 1. Number: Each business shall be allowed up to two (2) display boxes per business frontage, per subsection C5 of this section. 2. Area: Businesses shall be allowed up to six (6) square feet of display box area per business frontage. No single display box shall exceed six (6) square feet, and no business frontage shall display more than six (6) square feet of display box area. 3. Height: The height of the highest part of the display box shall not extend more than six feet (6') above existing grade. 4. Location: Display boxes shall be displayed on the business frontage. C. Specials Boards: 1. Number: Businesses shall be allowed one specials board per business frontage. 2. Area: Specials boards shall not exceed three (3) square feet. 3. Height: The height of the highest part of the specials board shall not extend more than six feet (6') above existing grade. 4. Location: Specials boards shall be attached to menu boxes, except where the administrator determines there is a practical difficulty by making the following findings, in which case the specials board may be attached to a wall or deck railing on the business frontage: a. That there exists no ability to attach the specials board to the menu box in the existing or proposed location of the menu box; and b. That there exists no ability to relocate the existing or proposed menu box to a location that meets the requirements of this title, and allows for attachment of the specials board to the menu box. 11-7-11: ADDITIONAL TEMPORARY SIGNAGE: A. Description: Each property within the Town of Vail shall be allowed, without a permit, one (1) additional temporary sign, subject to the following standards. B. Size: No temporary sign shall not be greater than three (3) square feet in area. C. Height: No part of a freestanding sign shall extend above four feet (4') above the finished grade. D. Design: Temporary signage falling under this provision shall be freestanding or window signs. E. Timeframe: No individual sign falling under this provision shall be displayed for more than fourteen (14) days per year. CHAPTER 8: SIGN PROGRAMS 11-8-1: SIGN PROGRAM DESCRIPTION: The purpose of the sign program is to encourage a comprehensive approach to the design, size, number, shape, color, and placement of all signs pertaining to a particular development or building containing a business or group of businesses. A sign program shall convey an organized, innovative, and unique approach to multiple signs. 11-8-2: CRITERIA: Sign programs shall be required for all new or demolished/rebuilt multi -family residential projects and for new or demolished/rebuilt commercial projects. Sign programs may be required for other significant new developments (e.g., subdivisions, ski base facilities) or for redevelopment projects at the discretion of the staff. Existing multi -tenant commercial buildings shall be required to submit a sign program when applying for new signage. Sign programs shall be subject to the provisions, standards, and guidelines listed in this title. 11-8-3: SIGN PROGRAM REVIEW: All sign programs shall be subject to the design review process detailed in chapter 4, "Sign Application Procedures", of this title. CHAPTER 9: EXEMPT, PROHIBITED, AND NONCONFORMING SIGNS 11-9-1: EXEMPT SIGNS: The following signs are exempt from design review, but remain subject to the applicable requirements of this code, including, but not limited to, the design standards and guidelines listed in chapter 5 of this title and the maintenance requirements listed in section 11-11-3 of this title: A. Memorial signs, dedication plaques, or tablets; B. Government signs and signs erected by government employees in the course of their work, including directional signs, to control traffic or for other regulatory purposes; C. A mural that has received approval by the Art in Public Places Board; D. Temporary decorations or displays, when they are commonly associated with any national, local or religious holiday; E. Temporary or permanent signs erected by public utility companies or construction companies to warn of dangerous or hazardous conditions; F. Signage and decorations subject to a Special Event Permit through the Town of Vail; and G. Private Warning Signs 11-9-2: PROHIBITED SIGNS: Unless otherwise allowed by this title, the following signs are prohibited within the Town of Vail: A. Animated signs that incorporate the use of movement (aside from natural wind induced movement) through revolving, rotating, or otherwise moving parts; B. Signs with the illusion of movement; C. Signs (or the illumination thereof) that flash, pulse, move, rotate, scintillate, blink, flicker, or vary in intensity and/or color; D. Signs that incorporate projected images, emit any sound, or involve the use of live animals; E. Any sign for a business or service having been vacated for ninety (90) or more days. This provision does not apply to permanent signs accessory to seasonal businesses, provided there is clear intent to continue operation of the business; F. Any sign or structure that is unsafe or constitutes a hazard to safety for any reason; G. Any gas filled, illuminated or fiber optic sign that is less than four feet (4') from a window; H. Any sign or structure that obstructs ingress to or egress from a required exitway, that obstructs the view of vehicular traffic entering or exiting a public roadway, or that creates an unsafe distraction for motor vehicle operators; I. Any sign that could be confused with an official government sign (such as a traffic sign) but is not; J. Any off premises sign that is not otherwise regulated by this title; K. All billboards; L. Pennants, banners, and bunting that are not associated with a special event permit; M. Any dry erase or chalk board not approved by the provisions of this title as a specials board; and N. Vehicular signs as defined by this Title. 11-9-3: NONCONFORMING SIGNS: A. Definition: Any sign erected prior to the enactment of this title and in accord with the Town of Vail approval process, that does not conform to the provisions set forth herein (as determined by the administrative procedure listed below), or is located in newly annexed territory, shall be designated as nonconforming. B. Continuation Of A Nonconforming Sign: Any sign which has been determined to be nonconforming may continue in use and operation as a nonconforming sign pending the following provisions: 1. Any nonconforming sign that is not maintained, at the discretion of the administrator and according to section 11-2-1 of this title, shall be removed by the administrator (section 11-11-3 of this title) and shall be replaced as a conforming sign, in accordance with the regulations in this title. 2. All nonconforming signs shall be brought into conformance with the regulations in this title at the time that the represented business changes ownership, provided that the business changes its name and/or offered services, thereby requiring a new sign, or at the time that the represented business changes its name and/or services offered, thereby requiring a new sign. CHAPTER 10: VARIANCES AND APPEALS 11-10-1: VARIANCES: A. Purpose: A variance from the sign regulations constitutes relief from the strict interpretation of the standards and may be granted by the planning and environmental commission (PEC) in cases where there exists a physical limitation that prevents the existence, placement, or operation of a sign in compliance with the standards of this title. B. Application Procedure: An application for a variance from the sign regulations may be obtained from the community development department. The variance application must include a sign permit application, the applicant's reasons for requesting a variance, and a nonrefundable fee determined by the town council as set forth by town ordinances. The staff shall set a date for a hearing before the planning and environmental commission once the complete application has been received. C. Criteria For Approval: 1. Special circumstances or conditions must exist that apply to the land, buildings, topography, vegetation, sign structures, or other matters on adjacent lots or within the adjacent right of way, that would substantially restrict the effectiveness of the sign in question. However, such circumstances must be unique to the subject site. 2. The applicant shall not have created the circumstances that have necessitated the variance request. 3. The applicant must demonstrate that the granting of the variance will be in general harmony with the purposes of this title. 11-10-2: APPEAL OF A VARIANCE: An appeal to the town council of a planning and environmental commission (PEC) decision on a sign variance application may be made in accordance with the appeal process (section 12-3-3 of this code). CHAPTER 11: VIOLATIONS AND ENFORCEMENT 11-11-1: VIOLATIONS: A. General Violations: Any sign that is deemed by the administrator to be erected, structurally altered, extended, moved, or otherwise utilized in violation of any provisions of this title, is in violation of this title and shall be subject to the procedure for removal as listed below. Any sign not maintained or kept in good repair, as determined by the administrator, is in violation of this chapter and shall also be subject to the procedure listed in section 11-11-2 of this chapter. B. Sign Violations On Public Property: It shall be unlawful to erect or maintain any sign in, on, over, or above any land or right of way or on any property belonging to the Town of Vail without the express permission of the Town. The administrator may summarily abate a violation of this nature by removing and confiscating any unauthorized sign without prior notice and may recover the costs incurred in removing any unauthorized signs from any person who commits, takes part in, or who assists in any such violation. However, this shall not be deemed to apply to official government notices and notices posted by governmental officers in the performance of their duties, government signs to control traffic or for other regulatory purposes, or to identify streets or warn of danger. Any person who commits, takes part in, or who assists in any such violation, shall be guilty of a violation of this code and be subject to the provisions of the penalty and costs subsections (section 11-11-2) of this chapter. 11-11-2: PROCEDURE AND ENFORCEMENT: A. Notice Of Violation: The administrator shall give written notice of the violation to the owner, general agent, lessee, or tenant of the building or premises at which such violation has been committed or to any employee, contractor, or any other person who commits, takes part in, or assists in any such violation. B. Penalty: The business, building or premises at which such violation has been committed and which has been given written notice of the violation, or any person who commits, takes part in, or who assists in any such violation, shall be subject to penalty as provided in section 1-4-1, "General Penalty", of this code for each calendar day after written notice is received that such violation continues. This shall not preclude the imposition of any other civil or administrative action or sanction. The correction of a violation of any provision of this title may not restrain imposition of these penalties. C. Failure To Comply And Town Abatement: If the person in receipt of said written notice fails to abate said violation so as to comply with the provisions of this title within the time frame specified in the notice, the administrator shall cause a sign in violation of the provisions of this title to be altered or removed at the expense of the owner or person entitled to possession of the property or sign, and shall, upon the determination of the expenses, certify them to the director of finance of the Town of Vail. D. Costs: The amount certified by the director of finance to the county treasurer for collection shall include the actual cost of repair or removal of the sign and the cost of collection plus fifteen percent (15%) of the sum of said costs, representing penalty. 11-11-3: SIGN MAINTENANCE AND REPAIR ENFORCEMENT: A. All signs in the Town shall be properly maintained (as defined in section 11-2-1 of this title) at all times to the satisfaction of the administrator or they will be repaired or removed (as defined in section 11-2-1 of this title) by the administrator. B. The administrator shall have the authority to order through written notice the repair or removal of a sign and accompanying landscaping when the said sign: 1. Has been found to constitute a violation of this title; 2. Is a hazard to the safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment; or 3. Has been damaged beyond fifty percent (50%) of its total area and deemed poorly maintained by the administrator. The procedure for removal of a sign in violation is detailed in subsection 11-11-2C of this chapter. The administrator's decision shall be subject to review by the planning and environmental commission in accordance with the provisions of the zoning ordinance (subsection 12-3-313 of this code) and may be appealed by any "aggrieved or adversely affected person" (as defined in subsection 12-3-3132 of this code). Section 2. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the following: 1. The text 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 2. The text amendment furthers the general and specific purposes of the zoning regulations 3. The text amendment promotes the health, safety, morals and the general welfare of the town and promotes the coordinated and harmonious development of the town in a manner than conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality Section 3. 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 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 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 XX day of XX, 2021, and a public hearing for second reading of this Ordinance set for the XX day of XX, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this XX day of XX, 2021. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk Vail Sign Code Detailed List of Proposed Changes Legend Italic Text: Proposed to be added to the code Strike*"rough Text: Proposed to be removed from the code Note: Sections and definitions not listed in this document are currently proposed to remain within the code, unchanged. 11-1-2: Purpose: A. General Purpose: These regulations are This Title is enacted for the purpose of promoting the health, safety, tl teak,, and general welfare of the town of Vail and to promote the coordinated and harmonious design and placement of signs in the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. B. Specific Purpose: Them regulations are This Title is intended to achieve the following specific purposes: 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform the public. 5. To preserve freedom of expression in the Town of Vail. C. This title is not intended to restrict noncommercial speech on the basis of its content, viewpoint, or message. 11-1-4: Severability Clause: The severability of any section, subsection, sentence, clause or phrase, as set forth in Section 1-2-4 of this Town Code. 11-2-1: Definitions Enumerated: ADMINISTRATOR: n ., AMher er ., embers of the town ofyail c4-aff appointed by the 4o.�,n The director of the department of community development or their designee. ANIMATED SIGN: Any sign or part of a sign that changes physical position by any movement or rotation or that gives the visual impression of such movement or rotation. Drohihi4nr♦ ;^ 4hn AWNING OR CANOPY. For the purposes ofthis -title, the rnnflike a -ever that- is tempnran, n nati-re and projeGtq- fre-im. the exterier of a building, t piGally ever windows, walkways, doorways, or outdoor eating areas -. --A Permanently roofed shelter covering a sidewalk, building entrance, window, or other outdoor space. This shelter may be wholly or partially supported by a building, columns, poles, of braces extending from the ground. atmesnhnrn BANNER, PENNANT, Any RUNITIAIG; nv temporary rinnorativn nleth or .material that is s the town of Veil BUILDING IDENTIFICAITON SIGN: Any sign that displays the n-ame of 4hn building upon whmah 1;mtp 1nr-2tAd any graphin-1; and language that represent the building. A sign permitted based on building frontage, regardless of the number of tenants residing therein. like, m but not innl--rlinn sines AREA, SIGN 11)• y-arin rdinn to type-vf See S hapten 6, "B And (SID -ftnnn sign, smnesf-; Builv�-ding idenfifivatiBnn Signs", thmtt+tic. FitF AREA, 7\• SIGN V-arie to type ofsign-See And (81) -fti.i.orrlinn Ghapte%Bueinel7o; thio-t+tie. g;dentifin:atian ins,,, of AWNING OR CANOPY. For the purposes ofthis -title, the rnnflike a -ever that- is tempnran, n nati-re and projeGtq- fre-im. the exterier of a building, t piGally ever windows, walkways, doorways, or outdoor eating areas -. --A Permanently roofed shelter covering a sidewalk, building entrance, window, or other outdoor space. This shelter may be wholly or partially supported by a building, columns, poles, of braces extending from the ground. atmesnhnrn BANNER, PENNANT, Any RUNITIAIG; nv temporary rinnorativn nleth or .material that is s the town of Veil BUILDING IDENTIFICAITON SIGN: Any sign that displays the n-ame of 4hn building upon whmah 1;mtp 1nr-2tAd any graphin-1; and language that represent the building. A sign permitted based on building frontage, regardless of the number of tenants residing therein. BUSINESS SIGN: Any sign that displays the name of the business upon whish site it is I MTssr_r. Z3 - 011—AM Arrr77:1 T:1 on a business frontage, typically as a wall or projecting sign. CHANGEABLE COPY: A manually operated sign that displays graphical or word content that can be easily changed or altered. meni, hexes display hexes and spenials beards are net DISPLAY BOX: A freestanding or wall sign that is enclosed in glass or a similar clear material on at least one side. For the express purpose of displaying reel estate listings and- n-Urrent rp evie listing• allowed at real estate hm,sinesses 2ndanmnyme theaters enly f r...... l TS>�71 �11T-T. Eft iT.111f:T.S�11.111:111:� 1 ERECT- To build,nstruGt, aatt h, hang, plane' mount, suspend, or affix a sgn• This ren:rs�:s3:rr.Tr.q m:trr_T.rrM AWItl■ FINE ART, SGulpture, fountains, or similar objeGts possessing for.m. and- , FLAG: , or symbol or insig applied to a pieGe of . Any fabric or similar lightweight material typically attached to a staff or pole, which is intended to be permanently affixed to the ground or attached to a building. FLASHING SIGN: Any directly or indirectly illuminated sign that exhibits changing natural or artificial light or color effects by any means whatsoever. Drohihi4ed ;^ *he +.,1.,n .,f v,;l GRADE€XISI, NG FINISHED GRADE: The existing level of a property after any development or construction activity and prior to the erection of a sign. ILLUMINATION, HALO: An internal light source, that is not visible to the viewer, for a sign making use of opaque surfaces such that light only shines through the back and sides of the sign. ILLUMINATION, INTERNAL material; prohibited in the town of Vail, exGluding signs used by the town of It il for pubima purposes-. Alight source that is not directly visible to the viewer and is within a sign that makes use of a translucent screening; prohibited in the Town of Vail, excluding Government Signs. 1 edOFIeSS, 1 SUGh as eaves; OR 0h no th A the town of \/.ail INSCRIPTION, MASONRY: TI1e normo enrl1or rle+e .,f :a building etched into masonry. Any text or numeral etched into masonry. 101AIT DIRECTORY SIGN. A eine of huildiniv 2nd hi-ciness sign th displays the n-ammme of a 1 1 i � --- - ----- -------- 3 IST -M 11 1 .. ■ 1 1 SUGh as eaves; OR 0h no th A the town of \/.ail INSCRIPTION, MASONRY: TI1e normo enrl1or rle+e .,f :a building etched into masonry. Any text or numeral etched into masonry. 101AIT DIRECTORY SIGN. A eine of huildiniv 2nd hi-ciness sign th displays the n-ammme of a 1 1 posters, 1 exhibits, and similar . H!". CT"!WT�:T11:� 1X1:5. Li�i7 CT -alt. 1i:ST.SAve" 11 • 1 R:!LST-T7Ct f�:ZS'a _ . �f137. _ �: F1a':� I rtnT_T. fZSa rennrrled movies, games, video or other forms of elentrnnin media MURAL: A work of art or a painting that is applied to, and made an integral part of, an exterior wall. ' he allnwer! 7 but limitedto, a mavim--m of tele (2) square feet in size NONCONFORMING SIGN: Any advertising nr sign that was approved by the town of Vail, and erected and maintained prior to the enactment of this title and any amendments thereto, but that fails to conform to all applicable regulations and restrictions of this title. OFF PREMISES SIGN: Any sig; t#-trel-ates-in- gr 2dreKt+sec n Gts, seFvi^es, nr sign located on a premise not owned or rented by the owner of the sign. 0-PEEN1.4-1-0-SEE-D SIGN; A type of window sign that may be two (2) sided and displays the words "open"or"Gle sed" on one or hath sidesofthe i-„. OPEN HOUSE: The period of time during which a specific for sale er for rent prepert., property is actively listed for sale, as evidenced by such parcel's listing in a multiple listing service or other real estate listing service, and is open for viewing by potential buyers or renters `" mth the realtnr7 broker, owner, or ether similar anent present nn the property. 4DIEN HOUSE SIGN, ON' CITE- A temporary���rerti i n p���a� fnTthp i OPEN HOUSE SIGN: A temporary sign used in association with a property conducting an open house. PERSON; For the purposes of this title, any individual, firm, partnership, , regarding reseurnes, restreems, or any other similar publin amenity REFLECTIVE SURFACE: Any material or device that has the effect of intensifying reflected light, -as Day Gle& glass and1--- in�iwhenrnt• hen pertaining to s e, nrehihited in theMMM -MM- tnimn „f v,il Including but not limited to, Scotchlite®, Day- Glo®, glass and luminous paint. RESIDENTIAL N'AR4GPl ATC SIGN: A sign ere6ted fnr the Boole purpose of identifying the A small sign permitted for every residence in the Town of Vail. SIGN: guidelines, whether or not, th:at mdAntmfmAq a business, building, or any related prod-ats and serviGes by means of letters, numbers, figures, or other symbols, devises, or representations Any object, device, display, structure, or fixture situated in the public view and involving graphics, colors, symbols, written copy, or illumination and which is used to communicate, advertise, draw attention to, or identify an object, person, institution, organization, business, product, service, event, or location by any means including words, letters, figures, designs, symbols, fixtures, colors, motion, illumination, or projected images. SIGN, CONSTRUCTION . ,. ., NO .01111 i regarding reseurnes, restreems, or any other similar publin amenity REFLECTIVE SURFACE: Any material or device that has the effect of intensifying reflected light, -as Day Gle& glass and1--- in�iwhenrnt• hen pertaining to s e, nrehihited in theMMM -MM- tnimn „f v,il Including but not limited to, Scotchlite®, Day- Glo®, glass and luminous paint. RESIDENTIAL N'AR4GPl ATC SIGN: A sign ere6ted fnr the Boole purpose of identifying the A small sign permitted for every residence in the Town of Vail. SIGN: guidelines, whether or not, th:at mdAntmfmAq a business, building, or any related prod-ats and serviGes by means of letters, numbers, figures, or other symbols, devises, or representations Any object, device, display, structure, or fixture situated in the public view and involving graphics, colors, symbols, written copy, or illumination and which is used to communicate, advertise, draw attention to, or identify an object, person, institution, organization, business, product, service, event, or location by any means including words, letters, figures, designs, symbols, fixtures, colors, motion, illumination, or projected images. SIGN, CONSTRUCTION temporary sign located on a parcel of property, on which construction activities of any type are being actively performed. format,SIGN, ENTERTAINMENT; A sign that senies to advertise a visual or audie media r"ii2�l�^vrn"u�S-FtE, innlrlinn � rr�nrr�nri�l fnn4�in nr c4�4n• SIGN, NEIGHBORHOOD: A sign located within common or jointly owned spaces in a residential district. SIGN, OFFICIAL GOVERNMENT ' . A sign erected, installed, or maintained by the Federal, State, County, or local government for any purpose, including without limitation traffic direction, or a sign located on a building owned by the Federal, State, County, or local government. SIGN, PORTABLE: n Sinn not nrnntAd ..,;4h a permanent fiver! Inna inn a44anhAd 4n 4hn ground or other peManent q-t-FIAGtIAre, but not limmmited- to, A frame and -q2nd4Afw beaF l cinnc• A sign that is not permanently attached to the ground, a building, or a structure. This does not include a vehicle mounted sign as defined herein. SIGN, i- PRIVATE NIQ- A Ginn on private property that alert -s- Gthnrc of nnnPIAbIin narking mann SIGN, PRIVATE WARNING: A sign designed to warn others of specific dangers or regulations on the property on which the sign is erected. SIGN, PROHIBITED- A sign that iss nnaft alln-IMAd Ufmthmn the inimn nf N1 ii, or within a speGift zene d-is-trin-t- of the town of Vail ■ • - • , aa.rid- ma.i.ritained by the town of Vail, or with the permission thereof, in ord-ar to infnrm tha -ff@4 MW A,-. mamma - Ami" r"ii2�l�^vrn"u�S-FtE, innlrlinn � rr�nrr�nri�l fnn4�in nr c4�4n• SIGN, NEIGHBORHOOD: A sign located within common or jointly owned spaces in a residential district. SIGN, OFFICIAL GOVERNMENT ' . A sign erected, installed, or maintained by the Federal, State, County, or local government for any purpose, including without limitation traffic direction, or a sign located on a building owned by the Federal, State, County, or local government. SIGN, PORTABLE: n Sinn not nrnntAd ..,;4h a permanent fiver! Inna inn a44anhAd 4n 4hn ground or other peManent q-t-FIAGtIAre, but not limmmited- to, A frame and -q2nd4Afw beaF l cinnc• A sign that is not permanently attached to the ground, a building, or a structure. This does not include a vehicle mounted sign as defined herein. SIGN, i- PRIVATE NIQ- A Ginn on private property that alert -s- Gthnrc of nnnPIAbIin narking mann SIGN, PRIVATE WARNING: A sign designed to warn others of specific dangers or regulations on the property on which the sign is erected. SIGN, PROHIBITED- A sign that iss nnaft alln-IMAd Ufmthmn the inimn nf N1 ii, or within a speGift zene d-is-trin-t- of the town of Vail ■ • - • , aa.rid- ma.i.ritained by the town of Vail, or with the permission thereof, in ord-ar to infnrm tha the n�rr�rr�ernial SIGN, SKI BASE faGilities, Ski raGing faGilities,skm patrol faGilities, aGtmvmt+esImftt+snet sates, skier and guest ser.,ines A sign for use within the town of Vail's ski base sign district. SIGN, rEMPOUDADV CITG nENIFEILO-PAn€NT- A sign per.m.rft-ed teTaeiti�„r y a�iw-wcyGrrrw�a development nerierls as rletermmned by the Veil town neunnil SITE: The property that nrei4dw; a Zonation for and justifies the area nf a sine As defined in Section 12-2-2 of the Vail Town Code. SIZE, (See a1j;n dPfmnmtmnnq nf Area, Sign.) The dimension of a sign, determined by the Signs”, of this t+tle. SKI BASE AREA: For the -purpose of regulating sk;-h-ase area signs, ski base areas are the -s -e- -are-aq- of V-aml Village, Lionshead, Golden Peak, GasGade Village, and any other future n„rtals adjanent to a ski lift or tow For the purpose of regulating ski base signs, any area within Vail's Ski base sign district. i ■ - • 1 1 • ■ 1 1 1 the n�rr�rr�ernial SIGN, SKI BASE faGilities, Ski raGing faGilities,skm patrol faGilities, aGtmvmt+esImftt+snet sates, skier and guest ser.,ines A sign for use within the town of Vail's ski base sign district. SIGN, rEMPOUDADV CITG nENIFEILO-PAn€NT- A sign per.m.rft-ed teTaeiti�„r y a�iw-wcyGrrrw�a development nerierls as rletermmned by the Veil town neunnil SITE: The property that nrei4dw; a Zonation for and justifies the area nf a sine As defined in Section 12-2-2 of the Vail Town Code. SIZE, (See a1j;n dPfmnmtmnnq nf Area, Sign.) The dimension of a sign, determined by the Signs”, of this t+tle. SKI BASE AREA: For the -purpose of regulating sk;-h-ase area signs, ski base areas are the -s -e- -are-aq- of V-aml Village, Lionshead, Golden Peak, GasGade Village, and any other future n„rtals adjanent to a ski lift or tow For the purpose of regulating ski base signs, any area within Vail's Ski base sign district. It i VEHICLE SIGN: Any temporary Ginn Ions or arlvnrtm1;Pmnn4 that is planer! painter! attaGhed or displayed nn 7 vphii.ln A sign that is painted, attached to, or placed on a vehicle or the bed of a trailer, when the vehicle or trailer is parked on a public right-of- way or public property, or on private property so as to be visible from a public right-of- way, for the primary purpose of advertising products or directing people to a business or activity on the same or nearby premises, excluding a vehicle sign when the vehicle is primarily used for business purposes other than advertising. 1 -r-.. ..---- I 11-3-1 Administration of Sign Regulations: A. Administrator: 2. Responsibilities: The administrator/staff shall be responsible for the duties prescribed in this title, which entail the enforcement of the sign regulations. The administrator and his/her designees shall have the right to enter on any site or to enter any structure for the purpose of investigation or inspection related to any provision of this title, provided that the right of entry shall be exercised only at reasonable hours and that in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction. 3. Enforcement: The administrator/staff may serve notice of violation and carry out removal of any sign in violation of this title, on the owner or his/her authorized agent, or a tenant, or on any other person who commits or participates in any violation of this title. The administrator/staff may call upon the town attorney to institute necessary legal proceedings and the chief of police and/or authorized agents to assist in the enforcement of this title. . ............ liivm- . ml�iiq W. .. ................ i .................. 01. ■ 11-5-2 Design Guidelines: Any sign erected within the town of Vail should: A. Be consistent with the scale and architecture already present in the town: Sign location, configuration, design mounting structure and framing design, and size should be aesthetically harmonious with the mountain setting and the alpine village atmosphere of the town E. Use creative graphics and lettering: The creative use of depth, relief, shading, three- dimensional projections and other pleasing textural qualities is generally encouraged. T44e guidelines that apply to geneFal SiOR G919FS likewise apply to gFaphiGs. -and- letteri Three- dimensional projections shall not be calculated as part of total sign area but the Size, nlaGe"1eMt, and style of thepr6}e�`#Ans shell he subjen4 to design review. 11-5-3 Design Standards: B. Colors: Fluorescent, Day-Glo® and neon colors are prohibited, unless the owner of the sign has a copyright to such color. •iinrl inrinerl move ment\ .ire nrehihi�erl 1-.H. Placement On Public Property: Signs shall be constructed on private property outside of the town right of way and shall not project onto the town right of way except when permitted under a licensing agreement or a revocable right of way permit issued from the town of Vail. -JL/. Sign Inspection: Each sign for which a permit is required shall be subject to inspection by the staff. Neg I e. rplp i 11-5-2 Design Guidelines: Any sign erected within the town of Vail should: A. Be consistent with the scale and architecture already present in the town: Sign location, configuration, design mounting structure and framing design, and size should be aesthetically harmonious with the mountain setting and the alpine village atmosphere of the town E. Use creative graphics and lettering: The creative use of depth, relief, shading, three- dimensional projections and other pleasing textural qualities is generally encouraged. T44e guidelines that apply to geneFal SiOR G919FS likewise apply to gFaphiGs. -and- letteri Three- dimensional projections shall not be calculated as part of total sign area but the Size, nlaGe"1eMt, and style of thepr6}e�`#Ans shell he subjen4 to design review. 11-5-3 Design Standards: B. Colors: Fluorescent, Day-Glo® and neon colors are prohibited, unless the owner of the sign has a copyright to such color. •iinrl inrinerl move ment\ .ire nrehihi�erl 1-.H. Placement On Public Property: Signs shall be constructed on private property outside of the town right of way and shall not project onto the town right of way except when permitted under a licensing agreement or a revocable right of way permit issued from the town of Vail. -JL/. Sign Inspection: Each sign for which a permit is required shall be subject to inspection by the staff. 11-5-4 Sign Measurement: D. Men,_, [z^v^c And Display Boxes: Men d Display boxes shall be measured by the area of the outside dimensions of the box, including framing. 11-6-2: Sign Districts: A. Sign district 1 (SD 1): All of Vail except for property zoned ABD, CC3, and PA -2. B. Sign district 2 (SD 2): All property zoned ABD, CC3, and PA -2 (West Vail and Cascade Crossing). C SiOR Pictrint 3 (SW)• Welst 11 -ail lnt^rnhange (GPQT right of way) Ski Base Overlay Sign District (SBO): Properties that are a part of the Ski Base Area as defined by the Ski Base overlay map. 11-6-3: Business Signs: A. Business Ir!^ntifin-a4i.,n Signs: 1. Business id-^ntifin-a4i.,n signs in sign district 1 (SD 1): a. Number: Each business shall be allowed one business sign per public entrance. b. Area: The allowable area of each business id-entifin.ati.,n sign shall be up to six (6) square feet. At the dicnrntion of 4h^ design r^vi^ISI hoard! hllcinncc irinn4ifin�4inn Ginn for a bowling all rad rra^vin theater waw h^ up to fifteen ( 5) squuare feet in area, s lhinn4 4^ 4hn applinant demeTstrating that th e %Y�a��Fth the 1;n;il�e-2na a Test -�I nh�r�ntei- of the icllhinn4 hllcinncc Jnr! the hllilrlinn in ��ihinh T'fATRaT �r s u b j GV - -h -U TITa-...-I.-I. ZI -and- t fel �lTTTTf VI"f 1+ IC 1^n7+A/'i c. Height: Projecting and awning signs shall have a minimum clearance of eight feet (8') above pedestrian -ways and a minimum clearance of fifteen feet (15') above vehicular -ways. No part of any business id-entifin.ati.,n sign shall extend more than twenty-five feet (25') above existing grade. d. Location: Business ;d^ntmfmn;itm ^signs shall be located on the business frontage. e. Type Of Sign: Business signs shall not be freestanding. 2. Business ;d-^ntifin--ati signs in sign district 2 (SD 2): a. Number: Each business shall be allowed one business identifiGati ^ sign per business frontage with a maximum of three (3) per business. b. Area: The combined area of allowed business id-entifin--ati signs is based on the combined business frontages, and is as follows: Combined Total Business Frontages Sign Area 0 feet - 12.99 feet I T'i 0square feet 13 feet - 24.99 feet FFA square feet 25 feet - 49.99 feet 'IF 20 square feet 0 feet - 74.99 feet FFF30 square feet 75 feet - 99.99 feet F14o square feet 100 feet plus FF5o square feet c. Height: Projecting and awning signs shall have a minimum clearance of eight feet (8') above pedestrian -ways and a minimum clearance of fifteen feet (15') above vehicular -ways. No part of any business id-entifin--ati sign shall extend more than twenty-five feet (25') above existing grade d. Location: Business mdAntmfmn;itm ^signs shall be located on the business frontage. e. Type Of Sign: Business mdAntmfmn:atm ^signs shall not be freestanding. B. Display Boxes (SD1 And SD 2): 3. Height: The height of the highest part of the display box shall not extend more than six feet (6') from above existing grade. 1 11 � 11 i 11 1 Pw1 i -us+nessesll abee allowed one spesiaT Bard per business fr^ n 2. /area, Cnnni-als be-ards sh-all not evened! three (3) square fent 3. Height- The height of the highest paFt of the speGials be-ard- shal�vteWtend rp ere then civ feet (V) frepl evicting grade. A 1 enation: Cpenials hnardls shell he attanhedl to mAn-, heves, •.tevnept hee the findifindings in whish ease the spenials heard! May he attanhed! to a Miall nr dank ngs, �p cvrcrrT cccrvrrcw m�wTrvrFcvTc railing nnt�I h-Usiness frontage-, T + a. F'hat theme exist or!-� ability attan-h theispenials hnardl to the men-, hev /'� /� men-, crra�rrcr�s�avic n the A issting�;ossed lonation not the fen-, hex; and p That there evicts no ability to relegate the evicting OF prepesed men-, bew to a le-roat+est#at meets the FeqUiFeMents of this title, ands allews fed attaenn" ientof t�isppenia1s heard! to the men-- hnv Tr. VIFf.TIJVRTGTCO cTf6.1lTGTITr-R'PT. 5Cp esial Provisions- Sp es;'als-fnaras are allowed only a �ea eating anddrinking estahlishw,ents far the dlisplay of spenials E. Window Signs (SD 1 And SD 2): 2. Area: The area of a-ny all window signs shall not exceed fifteen percent (15%) of the area of the window in which 4+s they are placed, with a maximum size per window sign of six (6) square feet. Mullions that are more than twelve inches (12") wide shall be considered window separators, thereby signifying a separate "window area". Sale signs, -h-miness nPeration signs, prometional event posters and openlGlesed Signs do 4. Special Provisions: Signs placed inside of a business, within three feet (T) of a window and visible from the outside, mnGlu^' Ft not Iimmted to, sale-' hi-siness e ~Fade" signs, and ^ne"'^'^ce^' sinner, shall be counted toward total window sign area. C Cain Signs (SID 1 And SID 2)-; • Me7 11-6-4: Building Identification Signs: A. Description: n building Ginn indiGates the n-ar„n of _2 h--ilrlinn whinh in corrin Gas (suGh as a hetel or led-ge) may be the R--arne -as the primary business and hi-i'din owner. All building signs shall comply with the regulations listed herein and shall also be subject to review by the design review board, which reviews signage based on the criteria in chapter 5 of this title. The total area allowed for building identification signage in both sign district 1 and sign district 2 includes the total number of its building signs, each measured differently, according to the type of building identification sign, and varies according to building frontage (see following tables). 11-7-1: Flags, Pennants, Banners, and Bunting: A. PeSGFiPtiOR. Flags, pennants, banneFs, and bunting shall be subjeGt to design review tXe event C%2t !f2nners' IT -re A14 2. SpeGial Events- -Ranners, pennants, bunting, or deGer-ations of _2 temporary tXe event C%2t !f2nners' IT -re A14 i A. Quantity. A maximum of two (2) flags per property. B. Size: Flags are not to exceed twenty-four (24) square feet in area. This is the size of the Town's international flags, but we do display some larger ones as well, should be able to exempt these as government signs. C. Height: 1. Clearance: Flags shall have a minimum clearance of eight (8) feet when projecting over public walkways and a minimum clearance of fifteen (15) feet when projecting over vehicular streets. 2. No flagpole shall be higher than twenty-five (25) feet within the Town of Vail. This is the height of Vail's international flags, but the Town has poles up to 40ft. D. Commercial Flags: Flags used for the advertisement of any business, product, or service are subject to DRB review. E. Non -Commercial Flags: Flags not used for the advertisement of any business, product, or service are exempt from DRB review, unlimited in number, but must conform to all dimensional standards. Flagpoles and other mounting structures require a building permit. F. Special Events: Flags used for the purpose of promoting community activities or the sponsors thereof shall be exempt from the application procedure described in this title and shall instead be subject to the requirements associated with acquiring a Special Events Permit from the Town of Vail. 1 ■ - 1 ■ ■ 1 ■ 1 11-7-4 11-7-2: Residential Nameplate Signs: dAnim2l nameplate sign mdAntmfmA1_; house by displaying the family n2mp 2nrl/er *he hethe . ddFess 1. Size: Size shall not exceed one-half (1/2) square foot per single family or dupleX c*ru-n*ure er one half (V2) civ aFe fee* fer e.anh Multi MaMily gni* dwelling unit. 2. Height: No part of the sign shall extend above eight feet (8') from above existing grade. 5. Design: Wall mounted, freestanding, or projecting/hanging, subject to design review. .A. fireest_mnding sign Fnay be used for a single family or duplex dwelling struGture-. 8. Special Provisions: Nameplate signs in u�F6 "�1MF, ROW Zo ;es shall trmatAd in nnA w2l' rnn, nted sign per living unit stri-r-Wres having two (2) or re living „ni*s. Further, Structures having three (3) or more living units may have one exterior wMI m^-in*ed names'.,+e residential sign directory, provided that the individual names signs of the directory are of a standard design and size. A44 joint deG4^ry nameplate signs shall he Len* niirren* 1 ■ - 1 i MIN ■ 11-7-3: Neighborhood Signs: A. Description: In all residential zone districts, any property or portion of a property under common ownership or management shall be allowed additional signage within the area under common ownership or management. The common space must be common to more than 4 units to qualify for a neighborhood sign. B. Number. One (1) sign per curb cut accessing the common space. C. Area: Combined area of all neighborhood signs shall not exceed twenty (20) square feet. D. Height: No part of a neighborhood sign shall extend more than eight feet (8) above finished grade. 11-7-6 11-7-4: Construction Signs 4A. Area: In .SII recirlent-mal Ziene di Strip+c the aFea of any nenstrun+ien shun Shall ne+ evneed eight (8) Square feet In all other ",ne dictrints, The area of any construction sign shall not exceed twenty (20) square feet, with a horizontal dimension no greater than ten feet (10'). 2B. Height: The top of a construction sign shall be no higher than eight feet (8') from above grade. 3C. Number: One sign per construction site. 4D. Location: Construction signs shall be mounted parallel and flush to the building wall or construction fence adjacent to the street or major pedestrianway to which the construction site abuts. S -E. Lighting: Not permitted. 6-F. Type Of Sign: Construction signs shall not be freestanding signs. 7 Design,• Subjent to design review Q I enrlcneninn• Not ennlinehle O -G. Display Duration: Construction signs may be displayed upon issuance of the associated building permit(s) and shall be removed prior to the issuance of a certificate of occupancy. i Mth ix -:a,-; further regulated by seGtien mm -MM - 16ite -are exempt fron; d i - T 9 1, "Exempt Signs", of this title. H. Construction signs must comply with the current building code adopted by the Town of Vail and any other relevant state or federal law. ■ ■ i 4101 ■ a.. Mfie-eitherfreest .ting or w -all rrinl Intedwith same renl Iirerr�entC i 11-7-6 11-7-5: Cntert.aimmmm + Theater Signs: Theaters and movie/media rental business will be allowed three (3) poster in the front window at any one time. The allowable area of each entert-ain.m. theater sign may be up to eight (8) square feet, subject to design review approval. Entertainment signs for theaters Theater signs may be electronic signs. When used as am entert-ainment a theater sign, the illumination levels of an electronic sign must be adjusted to the ambient light conditions and be no brighter than is necessary for clear and adequate visibility. When used as an entertainment a theater sign, electronic signs shall not emit light between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. the following day. GaFagean/'IF/.f Md sal CIn MC n1.']Y be freestanding nr wall CInns. 1. Type. 2. Quantity; There sh-all be -a of one sign upon the advertised nne rlirentinn:aI sign off site. 4 /area• The maxi unl area of any single sign shall net a*seed ene and D. T[1 GQ. The IG IIIGI7CIIIIG1111 area DI R11 single .71 11 .711R square feet property and ene-halfT1�l�} 4. Height, The height of the sign shall not exa-eed- five feet 1 mise of the sign. 5. Display Duration- The allowed signs shall only be displayed Wwthwn fiAfenty hnim; prior to the start of the sale :and di,rmng the perind nf tmmk-�_­­, -hat the • and Cele iC in progress four (24) garage or 11-7-10 11-7-6: Open House Signs: 2—.A. Number: There shall he a of one sign on the property where the open house iC being nnnrll Inter! and three (3) yehinl ller rlirentinnel Cions off Site. For each real property that is actively listed for sale, as evidenced by such parcel's listing in a multiple listing service or other real estate listing service, one (1) temporary sign is allowed. 3-.-B. Location: An Open House Sign is allowed at a street corner on the street from which the main entrance to the property is accessed. It must be placed in a manner to not obstruct the flow of traffic or impede in the safe usage of the Right - of -Way. �� • ������•I�fV•1�TYi � i rip iP. 4C. Area: The area of any single s+tEopen he conn .,r "ehin„I,r dmrnn4i^n21 open house sign shall not exceed three (3) square feet. 5-D. Height: -The height of any single on site open he conn .,r "nhin„I,r dmr^ open house sign shall not exceed five fent (5'` four feet (4) as measured from the top of the sign to the grade at the base of the sign. 6-E. Display Duration: This sign is only allowed during the period of time when the property is open for viewing to the public without an appointment (aka an "open house'). 11-7-11 11-7-7: Balloons: -h-Usiness aGtivity. VehiGular signs sh-all not She ---,-;Ad- for the sole purpose of advertising a business, s rlaeterminerl by the administrator 11 7 14 Pro -Motional Event PosteFsm A. DesGription, A sign depiGting an event in the r__ommiunity that is not an exr-A-Usive e rl• i e rt i c e m e n t far the huci necc in •AVhinh it is clic p a y e d N-Ummm-herm No More than ten (10) promotional event posters 1 -shall be displayed by a h��siness C A ream The area of promotional event posters shall not axaaad fiventy five pernant ua�rrrczr. 0 ) of the total windowarea Prometional event posters de not ne-int toward window sign .�re.� n.�ln��l.�tiens D. Height, The top of any promotional event poster shall not extend More th:an twenty- five feet (25') above existing grade h��siness ua�rrrczr. C Tyne Of Sign;• DroMotionel event posters shell he windo w signs Gm D-Urationm Promotional event posters shall hp rAmnvAd within th ee (3) days -of nompletion of the pFnmgterl euent 11 7 14 11-7-8: Public Parking and Loading Signs for Private Property: A. Description: A public parking and loading sign is permitted for private properties which provide "public unstructured parking" or "public parking structures" as defined by section 12-2-2, "Definitions Of Words And Terms", of this code, with a minimum of twenty five (25) parking spaces and/or loading bays for use by the public. These public parking spaces must be above and beyond the requirements of title 12, chapter 10, "Off Street Parking And Loading", of this code. 11511-7-9: Ski Base Area Signs: A. Description: These regulations apply to all signs erected within the ski base areas. mese Fegulations are intended to IpFeyid-e the ski hase areas with the sions ReGessa" operate the skr�mrrv'-Untain. These signs are nn^nccary to ^learly Gemmuni^-atn the There shall be a sign program addressing the needs of both the winter and summer seasons. The intent of these regulations is to provide the highest level of guest sep.xin-A-1-6 while rn-aint-aining the high quality resort ^lyra^ter It is not the intent of these regulations to provide a competitive advantage to on mountain commercial uses. 8. Special Provisions: a: A sign program is required in accordance with the provisions of chapter 8 of this title. I'Jt�s�. - f7.:L11Rt4:Y1'�-T.T.7\R11T�::7TT�iL•Si7�Tih# 11-7-10: Restaurant Signs: A. Description: Additional signage allowed for all eating and drinking establishments within the Town of Vail, subject to the following standards. B. Display Boxes: 1. Number. Each business shall be allowed up to two (2) display boxes per business frontage, per subsection C5 of this section. 2. Area: Businesses shall be allowed up to six (6) square feet of display box area per business frontage. No single display box shall exceed six (6) square feet, and no business frontage shall display more than six (6) square feet of display box area. 3. Height: The height of the highest part of the display box shall not extend more than six feet (6) above existing grade. 4. Location: Display boxes shall be displayed on the business frontage. C. Specials Boards: 1. Number. Businesses shall be allowed one specials board per business frontage. 2. Area: Specials boards shall not exceed three (3) square feet. 3. Height: The height of the highest part of the specials board shall not extend more than six feet (6) above existing grade. 4. Location: Specials boards shall be attached to menu boxes, except where the administrator determines there is a practical difficulty by making the following findings, in which case the specials board may be attached to a wall or deck railing on the business frontage: a. That there exists no ability to attach the specials board to the menu box in the existing or proposed location of the menu box; and b. That there exists no ability to relocate the existing or proposed menu box to a location that meets the requirements of this title, and allows for attachment of the specials board to the menu box. 11-7-11: Additional Temporary Signage: A. Description: Each property within the Town of Vail shall be allowed, without a permit, one (1) additional temporary sign, subject to the following standards. B. Size: No temporary sign shall not be greater than three (3) square feet in area. C. Height: No part of a freestanding sign shall extend above four (4) feet above the finished grade. D. Design: Temporary signage falling under this provision shall be freestanding or window signs. E. Timeframe: No individual sign falling under this provision shall be displayed for more than fourteen (14) days per year. 11-9-1: Exempt Signs -. .._..--- P--._-. •-J .7-'-•..... _...�.. _...__._ "' "'- F--.._....-...-- -. ..._.. _..._.-..--...__, C,B. Government signs and signs erected by government employees in the course of their work, including directional signs, to control traffic or for other regulatory purposes; 4)--C. 1AInrkq of "fine „ and- iqhir--h have -heen approved by the town nf Nham"R :art in publmG pl:ar-AR hn:ard (AIPPB) A mural that has received approval by the Art in Public Places Board; € D. Temporary decorations or displays, when they are commonly associated with any national, local or religious holiday; however, such holiday rleneratiens shall he rerneved onne their annrlitinn has rleterinrated sunh that they are no longer attrantive• f H. The insGription of names (or dates) of buildings, when Atnhpd mntn m2qnn on any business orn premises,and in with ter f Busmna-R-R AndBuilding Ident-ifir--attion Signs", of this title. IE-ar--h letter of an insGription may not- exr--eedMnahAsn ) in height and the total engraved area rn y not eGGupy more than three (3) s�siare F F surf -an -e- of the building; cn-�-ree��r� �s,r�crvc-vrci,��irr I• All nelitinal signs, r! as definein nhapter 2 of this title; f L( Cale cinnc• K. � M Open/nlesed cinnc• AI Drorr�otion�l Cvent Dosters ll�nge and yard sale signs' enr! G. Private Warning Signs 11-9-2: Prohibited Signs E. Any sign advertising for a business or service having been vacated for ninety (90) or more days. This provision does not apply to permanent signs accessory to seasonal businesses, provided there is clear intent to continue operation of the business; AI Going out ofQ. Portable hsiness cinnc• enr! signs,exGept effiGial government signs,open house signs, and ski h:aqp- N. Vehicular signs as defined by this Title. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: March 22, 2021 PEC Results ATTACHMENTS: File Name Description Pec results 032221.pdf March 22, 2021 PEC Results 0 PLANNING AND ENVIRONMENTAL COMMISSION TOW?J OF ffl March 22, 2021, 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_QJ ybkNzgQ2eMGMYxH6FEOg After registering, you will receive a confirmation email containing information about joining the webinar. 1.2. Attendance Present: Ludwig Kurz, Karen Perez, Rollie Kjesbo, Brian Gillette, John - Ryan Lockman, Pete Seibert, Henry Pratt Absent: None Main Agenda 2.1. A request for a recommendation to the Vail Town Council for a Prescribed 90 min. Regulations Amendment pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to amend Title 11, Sign Regulations, Vail Town Code, in order to reduce content based regulations following the US Supreme Court ruling in Reed v. Town of Gilbert and accompanying changes, and setting forth details in regard thereto. (PEC20-0032) Applicant: Town of Vail Planner: Erik Gates Planner Gates gives a presentation on the item. He details the process staff has been through including the public outreach that was done as part of the process leading up to the meeting and who attended. The background on why the sign code is going through a rewrite is explained. It is based on the Supreme Court decision from Reed vs. Town of Gilbert. He then goes through the changes in different sections of the code. Gillette asks why we didn't do specific signage for theaters as we did for restaurants. Gates answers that since we currently don't have a theater, we decided not to open the Town to the liability. Gillette says that he believes that there could be one in the future, so why not do something similar. Gates says we can reevaluate the signage for theaters. Gillette asks where we are with real estate signs. Gates responds that we have to allow it as part of the temporary signs. It can be out there a maximum of 45 days Gillette thinks that is a problem and would detract from the quality of the neighborhood. It is a good rule to not allow them and we should maintain the prohibition. Planning Manager, Jonathan Spence, says that we can't outlaw them with the new case decision. Seibert mentions that realtors don't think they're allowed now and people go on their phone now a days instead of looking for signs. Gillette says we used to only have them from out of jurisdiction brokers who didn't know the rules, but once you have one, you'll have another and another. We should limit size and time limit at least. Seibert and Kurz agrees. Spence adds that staff will review with the Town Attorney on the extent we can narrow the time or size to allow the least for these uses. Adds that staff has to walk a line with what we can legally allow or not allow. Gillette says we should do as much with the regulations and try to reach out to realtors to get them to self -regulate in this area. Spence agrees and said staff would like to get with the Board of Realtors to do outreach and talk to them. Seibert says he could help with that and cautions that when the word gets out that they are allowed in any capacity you will not know what you will get. Asks how many days they can be out, what the timing will be, etc. Gates responds that it is tricky to enforce, but that we do a 45 day limit per sign per year for any temporary signs. Perez notes that this decision was in 2015, and has staff looked back to see if anything approved since 2015 that would be in violation? Gates responds that we have not looked back, but it may have happened as we have been enforcing the current sign code we have. Spence adds that the change is more how we define signs rather than substantive changes to the signs. Perez asks if we will be creating nonconformities with this change. Gates and Spence respond that no, staff does not believe there is many signs that will be non -conforming from this change. They could not think of an example of one that would. Kurz asks if there is a deadline to get this done, or if the act of processing the change is enough to hold off litigation? Gates says we don't have a deadline but the sooner we get this changed the sooner we are out of any potential issues. Pratt asks what the affect this will have of political signs on town -owned properties or other properties. Gates says that signs off property, or on another person's/entities property is not allowed. Political signs are tricky in general. Pratt says that it happens still and they are there every year. Spence notes that they are a legal hot bed and that if there are concerns on political signs on town property or rights-of-way to contact the Town Manager. No public comment Planner Gates can be reached for comments at egates@vailgov.com for anyone that has comments or questions on this topic. Brian Gillette moved to continue to April 12, 20251. Pete Seibert seconded the motion and it passed (7-0). 2.2. A request for a recommendation to the Vail Town Council for a zone district 2 min. boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of approximately 2.19 acres from the Agriculture and Open Space (AOS) zoning to Housing (H), located at 1497 South Frontage Road West and setting forth details in regard thereto. (PEC21-0009) The legal description of the parcel can be found as an attachment to the agenda item. The applicant has requested this item be continued to the April 26th regularly scheduled meeting. Applicant: Vail Hotel Partners LLC Laurus Corporation, represented by Mauriello Planning Group Planner: Jonathan Spence Karen Perez moved to continue to April 26, 2021. Brian Gillette seconded the motion and it passed (7-0). 2.3. A request for a recommendation to the Vail Town Council for an amendment 2 min. to the Vail Land Use Plan, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the designation of an approximate 2.19 acre metes and bounds parcel from Park to High Density Residential, located at 1497 South Frontage Road West, and setting forth details in regard thereto. (PEC21-00010) The legal description of the parcel can be found as an attachment to the agenda item. The applicant has requested this item be continued to the April 26th regularly scheduled meeting. Applicant: Vail Hotel Partners LLC Laurus Corporation, represented by Mauriello Planning Group Planner: Jonathan Spence Rollie Kjesbo moved to continue to April 26, 2021. Brian Gillette seconded the motion and it passed (7-0). 3. Approval of Minutes 3.1. March 8, 2021 PEC Results Rollie Kjesbo moved to approve. Karen Perez seconded the motion and it passed (7-0). 4. Adjournment Brian Gillette moved to adjourn. Rollie Kjesbo seconded the motion and it failed (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 #: 0000676522-01 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 for jurisdictions 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 4/9/2021 and that the last publication of said notice was dated 4/9/2021 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day 5/18/2021. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 5/18/2021. Jeri Medina, Notary Public My Commission Expires: August 19, 2024 JEW MEDINA NOTARY WBLIp STATE lM COLORADO —in oncud— PLANNING AND ENVIRONMENTAL COMMISSION Aprll 12, 2021,1:00 PM Vl al75 S. Frontage Road - Vail, Colonel 81657 Call to Omer 1.1. Register in advance for this webinar: haps://us02web,,00m.us/webinar/register/WN_9dcxgkng5giH-zHe8UXIEg After registering, you will receive a confirmation amara containing information about joining the webinar. 1.2. Attendance Main Agenda 2.1. A request for the review of an amendment to a Conditional Use Permit, pursuant to Section 12-9G3, Conditional Uses, Vail Town Cotle, to amend the approved conditional use permit to reflect an increase in student enrollment, located at 3000 Booth Falls Road/Lot 1, Vail Mountain School, and setting forth details inregard thereto. (PEC20-0026) 60 min. Applicant: Vail Mountain School Planner:Jonathan Spence 2.2. A request for a review of a Floodplain Modification Permit, pursuant to Section 14-6-6. Grading Standards, and Section 12-21-11, Flood Hazard Zones, Vail Town Cotle, to allow far grading antl a modification within the Gare Creek o 100 -year floodplain, for the realigm nent of the Gore Valleyy Thal, in the vicinity f the Lionshead Ski Yard, located at parcel 1210107219003j/Tracl B, Vail Uonshead Filingg 1, and setting forth details in regard thereto. (PEC21-0012) 15 in Applicant: Town of Varepresented by Todd Oppenheimer Planner: Jonathan Spence 2.3. A request for a review of a variance from Section 14-6-7, Retaining Walls, Vail Town Code, to aid, for a retaining wall in excess of six (6) feet in height and a variance from Section 14-10-4 Architectural Projections, Decks Balconies, Steps, Bay Windows atc., Vail Town Cotle, W allow an W grade patio and hot tub within the required 7.5'setback, pursuant to Title 12 Chapter 17, Variances, Vail Town Cotle, located at 2945R Ranch Road Unit A/Lot 4, Block 1, Vail Village Filing 13, and selling forth details in regard thereto. (PEC21.0013) 2 min. The applicant has requested that this item be tabled to he April 26, 2021 eedng. Applicant: James Guy Cawthorn Trust, represented by Fialdscape Planner: Jonathan Spence 24. AnorSotforreview ofaMinor Subdivision,pp .antro TitletnChapter4, Minor Subdivisions, Vail Town Cotle, 1 clarifyudevr Crac rat oati 1, stemming from annexation, loaa[etl at 103] BUMehr Creek Roatl/Lot 1, The Applicant: 18.17 Bnffehr LLC, represented ray Mannalln Planning Grnup Planner. Erik Gates 2.5. A request far the review of a Development Plan, pursuant to Section 12-61- 1 Applicant: Town of Vail, repr... nold by Triumph Development Planner: Greg Roy 26. A request for the review Of d varianCO from seQian 12-21-10 Developmern Restricted, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Cade, to allow for development in the H ... ing Zoning District on a slope of forty percent grl) or greater, located at 129 NOdM1 Frontage Roatl WeSVLot 3, Middle Creek Subdivision Reach Lot 1, and Approval of Minutes 3.1. March 22, 2021 PEC Pastille Adpbrnmant The applicant- J I I b..[ Ilso p- p n. 1 I o b in public p 1 d g a y I I fic hours at the To.n of Van C ty D p t D p rim 1 75 South F tag Road TM1 p bl I. invited t attend theproject tat d thet It that placed. thep b1' h g' th T f VaIC ty Decel,parientOpdul Thries andorderf1 pp t bj 0t change and t b allied p t d t t hat t thePlanning d E t I C II an - aide, t Please -11 (970) 47.213. far additionalinformation. PI ee 11711 far signguage-,- Contro ty Develnetation 48 hour opment Deparor to rt ent Polhill In the Vad Daily April 9, 2021. 0000676522 Ad #: 0000672212-01 THIS ITEM MAY AFFECT YOUR PROPERTY Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM PUBLIC NOTICE NOTICE 15 HEREBY GIVEN that the Planning and Your account number is: 1023233 hold ri ..iig I, a,m,da" e with"each oo 1211 . public 3 -fit Vail Town Cotle, on April 12, 2021 at 1:00 PROOF OF PUBLICATION iintheTownofVailManiei°al Building Registerinadvance for this binar: hi 02web.zoomg s/webinar/register WN 9dc VAIL DAILY x kn SgH-,H,8UXIE STATE OF COLORADO Aft,, registering, vog will a ogn o-mauon ntaining information eabout joining the webinar.o COUNTY OF EAGLE A r.coast far the raviaw If an amendment ,o a Can- di,ional Use Permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to ,and the ap- I, Mark Wurzer, do solemnly swear that I am Publisher of ° student amollmedelocated at ratio, Booth Fallls the VAIL DAILY, that the same daily newspaper in Read/Lot 1, Vail Mountain School, and setting forth detail inoga seneel printed, whole or in part and published in the County of Eagle, Pmeetplical,(aiEC20-00� Piano., Jonathan Spenoe State of Colorado, and has a general circulation therein; A re, ... I for a review of s Floodplain Motlifi°e,ion Permit, pnmuant to Section 14-6-6, Grading Stand- that said newspaper has been published continuously and rds, and Section 12-21-11, Flood Hazard Zones, Vail Town code, a allow ar gradin, and a modir- cation within the Gore Creek 100 -year floodplain, uninterruptedly in said County of Eagle fora period of P Y 7 g for the realignment of the Gore Vallay Trail, in the the Llonshead Ski Yard, located more than fifty-two consecutive weeks next prior to the vicinty, of at parcel ((210107219003)/Trec[ 6, Vell Llonsheatl Filing 1, d aeitin, iodh Ills in hl there,°. (PE02,- first publication of the annexed legal notice or om z) Applicant: Vail Corp Fi.ad Assets advertisement and that said newspaper has the Department, representetl by Town published PI ail Jonathan Spence requested legal notice and advertisement as requested. A regee.1 for a raviaw, of a variant. frem Samion 14-6-], Retaining Walls, Vail Town Cotle, to allow for a retaining wall in excess of six (6) feet in height and a variance from Section 14-10-4 Architectural Projections, Decks Balconies, Steps, Bay Windows The VAIL DAILY is an accepted legal advertising medium, P 9 g aW, Vail Team coda, he all°w an at grada pati° a d hot tub within the required 7.5' setback, only for jurisdictions operating under Colorado's Home pur- ,to Title 12 Chapter 1], Variances, Vail Town cone,°eared at 2945 Manna Ranon Road Unit Rule provision. NLot 4, Block 1, Vall Village Hling 13, and setting forth details in regard,hereto.(PEC21-0013) Applicant James Guy Cawthorn Trust, representetl by Fieldscape Planner. Jonathan Spence That the annexed legal notice or advertisement was A request for raviaw of a Minor Snbmvismn, pnr- published in the regular and entire issue of every number nt to Title 13, Chapter 4, Minor Subtlivisions, Val Town Code, to darty development ahandi of said daily newspaper for the period of 1 insertion; and located at 1637 Ruder, Lemming from m 1, The Creak RoamL°t The Valley Sawision bPh... V. cm that the first publication of said notice was in the issue of and setting forth tletails in regard thereto. (Pi 0014) Applicant: 1637Bnffehr LLC, said newspaper dated 3/26/2021 and that the last represented nby l Planning publication of said notice was dated 3/26/2021 in the issue Planner'. Erik Gates A regneat for the review of a Development Plan, of said newspaper. °°neat°Isow°coaesl o'a°ewlRo se t Plan quire g p- Inwitness whereof, I have here unto set my hand this day, ent to be located at 129 North Frontage Road Wd seth,g forth details in regaMiddle Check rd thereto.°Lot (PEC211- 00,5) g 9a` 4/1/2021. Applicant Town of Vail, represented by Triumph Development Planner'. Greg Roy /// A request for the review of a variance from Section A request Development Restricted, Vail Town /Xitlevelopmen, Code, in accordance with the provisions of Section Code, 1, Variances, Vail Town Cotle, to allow for '�®]�AA1VIp� In the Housing Zoning District on a sl pe of folly percent (40%) or greater, located at 129 North Frontage Road WwLH., 3, Mitltlle Mark Wurzer, Publisher Creek Subdivision Roche Lot 1, and setting forth tletails in regard thereto. (PEC21-0016) Applicant Town of Vail, represented by Triumph Development Planne,'. Greg Roy Subscribed and sworn to before me, a notary public in and The aporta0one end maral about the empm, for the County of Eagle, State of Colorado this day ailsell for public inspection during a0ies how s`4�'he Town of Vail C°mmanm Baval°pmem 4/1 /2021. tract to Department, 75 South Frontage Road. The public aVend site visits Please call 9]0-4]9- 21S8 or visit www.vailgov.com/planning for addition- al information. Sign language interpretation available upon request with 24-hour notification, dial 711. Published March 26, 2021 in the Vail Daily. Jeri Medina, Notary Public 00006]2212 My Commission Expires: August 19, 2024 4EJU MFJ)1HA NOTARY NDUD A OF COLORADO Mxlusrl&AL