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Home My WebLink About2021-04-26 PEC0 PLANNING AND ENVIRONMENTAL COMMISSION TOW?J OF ffl April 26, 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, Reid Phillips, Pete Seibert, Henry Pratt Absent: None Main Agenda 2.1. A Report to the Planning and Environmental Commission of an 10 min. administrative action regarding a minor amendment to Special Development District (SDD) No. 6, Village Inn Plaza, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for modifications to the approved development plan and to increase site coverage, add commercial floor area and expand the plaza area, located at 68 East Meadow Drive, Unit 602 /Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC21-0011) Applicant: VVIP Commercial LLC, represented by Mauriello Planning Group Planner: Greg Roy Planner Roy introduced the project by describing the addition of 440 sq ft of floor area. This additional area was added under an existing deck. Roy explained the location of the project within the Village. He also explained that staff added several conditions. 2.2. A request for a review of a variance from Section 14-6-7, Retaining Walls, 20 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) Applicant: James Guy Cauthorn Trust, represented by Fieldscape Planner: Jonathan Spence 1. Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. Prior to submitting for building permit, the applicant shall provide an executed agreement to run with the property that outlines maintenance protocol. 3. Prior to submitting for building permit, the applicant shall amend the plans to demonstrate the required 2' offset from the property line. Karen Perez joined at this point in the meeting. Planner Spence introduced the project by showing the location of the variance and the history of the proposal which involved a greater variance request. Spence showed a number of photos illustrating the existing conditions of the patio and retaining walls. The retaining wall height variance is no longer being requested after internal discussions with staff and the applicant. Staff is supportive of the setback variance. There are also some landscaping improvements proposed on the adjacent property. The adjacent property has signed off on the application. Commissioner Gillette: Expressed some concern over the impact of this proposal when the owners change. Chairman Kurz echoed this concern. Spence: Recommended that the existing owners make a written maintenance agreement. Ric Fields: Stated that a maintenance easement will be established. Gillette: Asked a question about a previous similar project Commissioner Kjesbo: Asked a clarification question about the Town not entering into these private agreements. Spence: Stated that the Town does not enter into the agreement but can recommend that an agreement is made. Spence: Stated that the proposal will still need DRB approval Commissioner Pratt: Expressed concern over a drawing that does not show the retaining wall 2 ft off of the property line, as was stated in the presentation. Fields: Stated that the drawings would be updated to address this in the DRB and later approvals. No Public Comment Rollie Kjesbo moved to approve with conditions. Brian Gillette seconded the motion and it passed (7-0). 2.3. A request for the review of a Development Plan, pursuant to Section 12-61- 60 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 Planner Roy explained that this was the second time this project has come before the PEC and that the applicant is not requesting approval at this meeting. Roy next gave a brief overview of the project and the existing conditions. He explained changes that have occurred since the last meeting including a reduction in building height and additional parking. The updated proposal also includes a number of tandem parking spaces. Roy showed diagrams representing the proposed changes to the roof forms. Roy also explained that staff only received the updated drawings on the previous Thursday and has not had the opportunity to review in full. Mike Foster: Explained the location of the proposed bike storage and maintenance area. He then discussed the updated parking plan. The parking has increased from 55 spaces to 83 spaces. He discussed a previous concern raised by the PEC regarding needed changes to the frontage road. From discussions with Public Works it was determined that no changes to the frontage road will be needed. Next Foster discussed the snow storage plan. Then he discussed the new roof forms and the massing of the project. He stated that a little more work is still needed on some of the elevations. Will Hentschel: Will started by reviewing the criteria for the Housing District. He discussed the updated architecture of the project including providing some more detail on the berm proposed for the front of the property. W ill next discussed issues raised by the DRB. Stepping the development up the hill was stated to be very difficult due to the steep slopes further back on the site. Will discussed the architecture and character of the proposed project in relation to similar adjacent projects in detail. He next moved on to discussing the scale of the project and how it is similar to that of First Chair and Solar Vail. He discussed the building in relation to the hillside and spoke to how Middle Creek was able to develop on more of a bench. This site has consistent steep slopes behind the proposed building. He discussed the amenities such as outdoor spaces, laundry, storage, and a community room. Michael O'Connor: Started by discussing the outdoor space in detail and its functionality for residence. He discussed buffering from other properties. Michael next spoke to the vehicular and pedestrian circulation, this included the mobility management plan. He discussed how the parking spaces will be allocated and leased, the parking study conducted by McDowell Engineering, a comparison between this project's parking ratio and similar town project's parking ratios, and the presence of a nearby bus stop and spaces for car -sharing vehicles. Michael reiterated the difficulty and impact of developing further into the steep slopes. Commissioner Perez: Asked for some clarification on the interplay between parking and snow storage proposed. These are individual requirements and so a tradeoff is not the intention of the district. Also asked a question about the assigned spaces. O'Connor: Stated that with the assigned spaces they have a parking ratio of 1.04 spaces per unit. Perez: Stated that Solar Vail had a shuttle service as part of their approval and that First Chair is already in the Village where most employees would work. Wants to make sure parking analysis is comparing apples to apples. Commissioner Phillips: Stated that First Chair is not near the Lionshead parking structure. Also wants to make sure the PEC is thinking creatively about the environmental impacts of this proposal. Expressed some concern with overparking and not encouraging enough multimodal transit. Being too car -centric is not forward thinking. Doesn't make sense to shoot down housing for parking. Perez: Stated that the current issue is that the PEC can't approve too many "floating" parking spaces. Wants a clear count of what parking is consistently available. Gillette: A mobility plan needs to justify its number of parking spaces its replacing. Not everything that tenants need can be done in the Village. The mobility management plan needs more detail on car -sharing spaces and bus transit and how these will address needs of tenants outside the Village. Kurz: The most critical component of the discussion so far appears to be the mobility management plan. Asked if the applicant is proposing full time on- site management of the parking. O'Connor: Stated that one of the units is designed so that it can be converted into an on-site management office. Also stated that the Triumph office is just across the roundabout on the other side of the freeway at this time. Gillette: Wants to see some more detailed site plans and topography on the site slopes. Stated that the east elevation needs more work. Wants to see full level staggering with the roof form. Need more detail on fenestrations and railing. Thinks that the solar panels will create snow shedding issues. Has some concern with the bike storage and the proximity of the bike maintenance to the trash area. Doesn't like adding trellises. Asked if there was an existing trail on the site and that this should be enhanced and not lost if it is there. Reiterated needing more detail in the parking management plan. Commissioner Seibert: Wants something more to break up the north elevation. Asked a question about the electric vehicle spots and how easy they would be to add to in the future. Commissioner Pratt: Wants an explanation of the difference between the reported parking used from Middle Creek management and the reported parking used at Middle Creek from the applicant. Thinks the trash is in a better location but wants to see turning motions for a garbage truck accessing it. Wants the applicant to think more about the location of a generator. Kurz: Echoed Pratt's desire to explain the difference in reported parking use at Middle Creek. Kjesbo: Stated that the applicant had addressed many of the issues. Thinks parking should not be limited to a specific unit. Asked about guest parking. Likes the storage units and the new location of the trash enclosure. No public comment. Kurz: Mentioned a letter comment that is part of the record. Karen Perez moved to continue to May 10, 2021. Brian Gillette seconded the motion and it passed (7-0). 2.4. 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 for PEC21-0015 Karen Perez moved to continue to May 10, 2021. Brian Gillette seconded the motion and it passed (7-0). 2.5. 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 gives a presentation on the topic including the review of the last PEC meeting, the response to those items, the DRB meeting concerns and timeline moving forward. Commissioner Pratt asked a question regarding signage at the Ski Museum Gates responded by stating that the signage there was approved through a sign program and that this process would be preserved in the new code. No public comment. Rollie Kjesbo moved to recommend approval. Brian Gillette seconded the motion and it passed (7-0). 2.6. A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 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. This application has been withdrawn by the applicant. Applicant: Vail Hotel Partners LLC Laurus Corporation, represented by Mauriello Planning Group Planner: Jonathan Spence 2.7. A request for a recommendation to the Vail Town Council for an amendment 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. This application has been withdrawn by the applicant. Applicant: Vail Hotel Partners LLC Laurus Corporation, represented by Mauriello Planning Group Planner: Jonathan Spence 3. Approval of Minutes 3.1. April 12, 2021 PEC Results Rollie Kjesbo moved to approve. Pete Seibert seconded the motion and it passed (7-0). 4. Adjournment Rollie Kjesbo moved to adjourn. Brian Gillette seconded the motion and it passed (7-0). The applications and information about the proposals are available for public 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 QJybkNzgQ2eMGMYxH6FE0g After registering, you will receive a confirmation email containing information aboutjoining the webinar. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: Attendance City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: April 26, 2021 ITEM/TOPIC: A Report to the Planning and Environmental Commission of an administrative action regarding a minor amendment to Special Development District (SDD) No. 6, Village Inn Plaza, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for modifications to the approved development plan and to increase site coverage, add commercial floor area and expand the plaza area, located at 68 East Meadow Drive, Unit 602 /Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC21-0011) ATTACHMENTS: File Name Description PEC21-0011 SDD 6 Minor Amendment PEC Report (Final for mailing).pdf PEC21-0011 Staff Report PEC21-0011 Plans Rounds 2.pdf PEC21-0011 Plans TOWN OF 0) VAIL 75 South Frontage Road West Vail, Colorado 81657 vailgov.com April 8, 2021 Community Development Department 970.479.2138 Re: A Report to the Planning and Environmental Commission of an administrative action regarding a request for a minor amendment to Special Development District (SDD) No. 6, Village Inn Plaza, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for modifications to the approved development plan and to increase site coverage, add commercial floor area and expand the plaza area, located at 68 East Meadow Drive, Unit 602 /Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC21-0011) Applicant: WIP Commercial LLC, represented by Mauriello Planning Group Planner: Greg Roy Dear Planning and Environmental Commission members and adjacent property owners: The purpose of this letter is to inform you that the Town of Vail Community Development Department Administrator has approved an amendment to the existing Special Development District No. 6, Village Inn Plaza, to allow for modifications to the approved development plan and to increase site coverage, add commercial floor area, and expand the plaza area, located at 68 East Meadow Drive, Unit 602. These changes are due to expanding previous restaurant space and expanding the plaza area, as seen in the following exhibits: Existing Proposed The Administrator's approval includes the following conditions: 1. Approval of this minor amendment is contingent upon the applicant obtaining Town of Vail Design Review Board approval for all improvements in this proposal. 2. Approval of this project shall lapse and become void three (3) years following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. 3. Approval shall not become valid for 20 days following the date of this approval pursuant to Section 12-3- 3, Appeals, Vail Town Code. 4. No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). 5. Prior to building permit issuance for a tenant finish the applicant shall submit the appropriate payment for the employee housing mitigation and will seek approval from Town Council to locate the parking off-site if the use necessitates it. 6. The applicant shall demonstrate in the Design Review Board application that the landscape plan retains a minimum of 70 square feet of permanent landscaping to be integrated into the patio improvements. The Town of Vail Administrator has determined that this amendment to Special Development District No. 6, Village Inn Plaza, meets the review criteria prescribed by Section 12-9A-10, Amendment Procedures, Vail Town Code. This approval of a Special Development District minor amendment will be reported to the Town of Vail Planning and Environmental Commission at its Monday, April 26, 2021 public hearing at 1:00 p.m. in the Vail Town Council Chambers, located at 75 South Frontage Road West. The Planning and Environmental Commission reserves the right to "call up" this administrative action for additional review at this hearing. This administrative action may also be appealed by an adjacent property owner, any aggrieved or adversely affected person, or the Vail Town Council as outlined in Section 12-3-3, Appeals, Vail Town Code. Should you have any questions, please feel free to contact me directly. 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Vicinity Map.pdf Attachment B. Project Narrative April 7 2021.pdf Attachment C. Engineers Report February 19 2021.pdf Attachment D. Plan Set April 7 2021.pdf Description Staff Memorandum Attachment A. Vicinity Map Attachment B. Applicant's Narrative, April 7, 2021 Attachment C. Engineering Report, February 19, 2021 Attachment D Plan Set, April 7, 2021 TOWN OF VAIL ' Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 26, 2021 SUBJECT: 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) Applicant: James Guy Cauthorn Trust, represented by Fieldscape Planner: Jonathan Spence I. SUMMARY The applicant, the James Guy Cauthorn Trust, represented by Ric Fields of Fieldscape, is requesting the 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. 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 noticed in Section VIII of this memorandum. It should be noted that the original proposal required relief from both the setback requirement for an at grade patio and for retaining walls in excess of the maximum allowable six feet (6'). Staff has worked closely with the applicant on a plan that could meet the required variance criteria, specifically the minimum relief necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title. As such, the project no longer requires a variance to the maximum allowable retaining wall height. II. DESCRIPTION OF REQUEST The applicant, the James Guy Cauthorn Trust, represented by Ric Fields of Fieldscape. 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 The applicant proposes to replace two failing retaining walls and an existing nonconforming at -grade patio of approximately 100 square feet located on the south side of the home. The variance request is necessary as the proposed replacement patio does not meet the required 7.5 setback. The applicant has obtained the required joint property owner sign off and also the support of the adjoining effected neighbor. A vicinity map (Attachment A), applicant's narrative (Attachment B) Engineering Report (Attachment C) and plan set with photos (Attachment D) are attached for review. III. BACKGROUND The property located at 2945 Manns Ranch Road was platted as Lot 4, Block 1, Vail Village Filing #11 under Town of Vail jurisdiction in 1972. The existing duplex home was constructed in 1978. It should be noted that the required side setback at the time the home was constructed in the Two Family Residential Zone District was ten (10) feet as opposed to the current fifteen (15) feet. The exhibit below shows the general location of the home. Town of Vail Page 2 IV. APPLICABLE PLANNING DOCUMENTS Staff finds that the following provisions of the Vail Town Code are relevant to the review of this proposal: Title 12 — Zoning Regulations, Vail Town Code Chapter 12-17, Variances (in part) 12-17-1: PURPOSE.- A. URPOSE: A. Reasons for Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. Town of Vail Page 3 B. Development Standards Excepted: Variances may be granted only with respect to the development standards prescribed for each zone district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements, or with respect to the provisions of chapter 11 of this title, governing physical development on a site. C. Use Regulations Not Affected: The power to grant variances does not extend to the use regulations prescribed for each zone district because the flexibility necessary to avoid results inconsistent with the objectives of this title is provided by chapter 16, "Conditional Use Permits", and by section 12-3-7, "Amendment", of this title. 12-17-6: CRITERIA AND FINDINGS.- A. INDINGS: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance.- 1. ariance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance.- 1. ariance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Town of Vail Page 4 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not generally apply to other properties in the same zone district. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. Title 14 Development Standards, Vail Town Code 14-10-4: ARCHITECTURAL PROJECTIONS, DECKS, BALCONIES, STEPS, BAY WINDOWS, ETC.: A. Architectural projections including eaves, roof overhangs, awnings, louvers, and similar shading features; sills, belt courses, cornices, and similar features; and flues and chimneys may project not more than four feet (4') into a required setback area or into a required distance between buildings. B. Porches, steps, decks or terraces or similar features located at ground level or within five feet (5') of ground level may project not more than ten feet (10') nor more than one-half (1/2) the minimum required dimension into a required setback area, or may project not more than five feet (5') nor more than one-fourth (1/4) the minimum required dimension into a required distance between buildings. Steps that form an exit discharge may project into a required setback area to the degree necessary to conform with the adopted building code's means of egress standards, at the discretion of the administrator. C. Balconies, decks, terraces, and other similar unroofed features projecting from a structure at a height of more than five feet (5') above ground level may project not more than five feet (5') nor more than one-half (1/2) the minimum required dimension into a required setback area, or may project not more than five feet (5') nor more than one-fourth (1/4) the minimum required dimension into a required distance between buildings. A balcony or deck projecting from a higher elevation may extend over a lower balcony or deck but in such case shall not be deemed a roof for the lower balcony or deck. Town of Vail Page 5 D. Fire escapes or exterior emergency exit stairways may project into any required setback area or distance between buildings not more than four feet (4'). E. Bay windows and similar features extending the interior enclosed space of a structure may project not more than three feet (3') into a required setback area or a required distance between buildings, provided that the total of all such projection does not exceed more than one- tenth (1 /10) the area of the wall surface from which it projects or extends. F. Towers, spires, cupolas, chimneys, flagpoles, and similar architectural features not usable as habitable floor area may extend above the height limit a distance of not more than twenty five percent (25%) of the height limit nor more than fifteen feet (15'). G. A parapet or guardrail, transparent or otherwise, may exceed the allowable building height by no more than thirty inches (30"), subject to a finding of the Design Review Board that the proposal meets the criteria enumerated in Section 12-11-1. (Ord. 8(2019) § 2: Ord. 29(2005) § 81: Ord., 9-21-1999) V. ZONING AND SITE ANALYSIS Address: Legal Description: Zoning: Land Use Plan Designation Current Land Use: Geological Hazards: Lot 4, Block 1, Vail Valley Filing 13 Two -Family Residential (R) District Low Density Residential Two -Family Residence None Standard Allowed / Required LDMF Existing Proposed Site Area Min. 14,000 sq. ft. 16,573 sq. ft. (.380 No Change acres Front — 20' Front — >20" Front — >20' Setbacks Side — 15' (7.5' for patio or Side(W) — 1' (patio)* Side(W) — 0' deck:_5' above grade) Side(E) — 15' Side(E) — 15' Rear — 15' Rear — 15' Rear — 15' Height Flat or Mansard Roof — 30' Sloping Roof — <33' Sloping Roof — <33' Sloping Roof — 33' Not more than a total of two 2 DUs No change (2) dwelling units shall be permitted on each site with Density only one dwelling unit permitted on existing lots less than fourteen thousand (14,000) square feet. GRFA Max 6,695 <6,695 sq. ft. No change Site Coverage Max. 20% of site area or 3,315 <3,315 sq. ft. No Change s . ft. Parking/Loading :52,000 GRFA=2 spaces 3 Required No Change Town of Vail Page 6 *Nonconforming **Landscape numbers shall be verified at time of DRB VI. SURROUNDING LAND USES AND ZONING Existing Land Use: Zoning District: North: Open Space Natural Area Preservation (NAP) District South: Residential Two -Family Residential (R) District East: Residential Two -Family Residential (R) District West: Residential Two -Family Residential (R) District VII. REVIEW CRITERIA The review criteria for a variance request are prescribed in Title 12, Chapter 17, Variances, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The proposed replacement of the existing patio and related, failing retaining walls with similarly sized patio (approximately 100 square feet) and code compliant retaining walls does not adversely affect the use and enjoyment of the adjacent property. The current owner of the adjoining property has supported this request and has agreed to permit landscaping (on the adjoining property) to further a unified approach. Therefore, Staff finds this proposal will not negatively affect the other existing or potential uses and structures in the vicinity in comparison to existing conditions. Staff finds the proposed variance does meet this criterion. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. The proposed variance will facilitate the replacement in kind of an at -grade patio and associated retaining walls. Much of the variance request is a result of the original placement of the home and patio on the property. Staff has worked closely with the applicant to reduce the requested variance to only that needed to replace the existing condition with a safer, more aesthetic option. Staff finds the extent of the proposed variance is necessary to achieve compatibility or uniformity of treatment among sites in the vicinity and will not result in a grant of special privilege. Town of Vail Page 7 2,0002_4,000 GRFA=3 spaces 3 Existing Landscaping Min. 60% of site area or 9,944 >9,944 sq. ft. >9,944 sq. ft.** sq. ft. *Nonconforming **Landscape numbers shall be verified at time of DRB VI. SURROUNDING LAND USES AND ZONING Existing Land Use: Zoning District: North: Open Space Natural Area Preservation (NAP) District South: Residential Two -Family Residential (R) District East: Residential Two -Family Residential (R) District West: Residential Two -Family Residential (R) District VII. REVIEW CRITERIA The review criteria for a variance request are prescribed in Title 12, Chapter 17, Variances, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The proposed replacement of the existing patio and related, failing retaining walls with similarly sized patio (approximately 100 square feet) and code compliant retaining walls does not adversely affect the use and enjoyment of the adjacent property. The current owner of the adjoining property has supported this request and has agreed to permit landscaping (on the adjoining property) to further a unified approach. Therefore, Staff finds this proposal will not negatively affect the other existing or potential uses and structures in the vicinity in comparison to existing conditions. Staff finds the proposed variance does meet this criterion. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. The proposed variance will facilitate the replacement in kind of an at -grade patio and associated retaining walls. Much of the variance request is a result of the original placement of the home and patio on the property. Staff has worked closely with the applicant to reduce the requested variance to only that needed to replace the existing condition with a safer, more aesthetic option. Staff finds the extent of the proposed variance is necessary to achieve compatibility or uniformity of treatment among sites in the vicinity and will not result in a grant of special privilege. Town of Vail Page 7 Staff finds the proposed variance does meet this criterion. 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. The proposed variance will facilitate the replacement of an existing patio that will not alter population; will not affect any existing transportation or traffic facilities, public facilities, or utilities; and will not affect public safety in comparison to existing conditions. Therefore, Staff finds the proposed variance conforms to this criterion. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. VIII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission approves, with a condition, 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. Should the Planning and Environmental Commission choose to approve, with a condition, this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with a condition= the applicant's request of 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." Condition.- 1. ondition: 1. Approval of this variance is contingent on the applicant obtaining Town of Vail Design Review Board approval for this proposal. Town of Vail Page 8 Should the Planning and Environmental Commission choose to approve, with a condition, this variance, the Community Development Department recommends the Commission make the following findings: 'Based upon the review of the criteria outlined in Section Vll of the staff memorandum to the Planning and Environmental Commission dated April 26, 2021, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Two -Family Residential (R) District 2. The granting of these variances will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and 3. This variance is warranted for the following reasons.- a. easons: a. The strict literal interpretation or enforcement of the specified regulation will result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code,- b. ode, b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the Two -Family Residential (R) District.; and 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 Two -Family Residential (R) District." IX. ATTACHMENTS A. Vicinity Map B. Applicant's Narrative, April 7, 2021 C. Engineering Report, February 19, 2021 D. Plan Set, April 7, 2021 Town of Vail Page 9 ``low �� ait - m U) F o3 -o k O 13 LL `► � ci'b+ - *'�:.�x+�,+«: _ 'kms'" ��' }'; �� , '��,�' '�' "` W 40 vim , v ti A LL o LO � rd's. 0. � 1 �' .,' ,•`-a�„ 4 '�.� ,. o r LO ^ r ' 3' F 5r •Y+ i' a ,.nt � .. 1 jr 1 } p r LO N fields L a n ds c a p e = P.O. BOX 1871 Avon, Colorado 81620 (970) 390-6550 ph. ricCd)fieldscape.net www.fieldscape.net April 7, 2021 The Cauthorn Residence 2945 Manns Ranch Road, West Side Vail, Colorado 81657 Lot 4, Block 1, 131" Filing, Town of Vail Variance Application for a Retaining Wall within a Side Setback Re: Keri and Guy Cauthorn have lived in their Manns Ranch duplex for the past four years, enjoying the valley and their neighbors. The building they're in was built in 1974, a time when building codes and quality were overlooked more than they should have been and not much thought was given to the long view. Their home is no exception: among the issues with the home itself, a tall retaining wall on its northwest side was built with wood, no concrete or steel as far as we can tell. This wall carves out an area which serves as a comfortable outdoor dining space but it's become clear that this wall is nearing its end and may pose a health risk to those enjoying the patio below it. Hannes Spaeh made an evaluation of it and confirmed that it must be replaced. His note is attached to this application. Faced with the prospect of a failing wall, the Cauthorns would like to be proactive by replacing it before it causes health or property damage. How to replace it has become an issue: either Town codes allowed a 7'+ wall when it was built or the contractors simply built what needed to be built is a mute conversation. Current code restricts a wall greater than 6', particularly in a side easement. In addition to wall height restrictions, the Cauthorns would lose approximately half the patio space they now enjoy, should current codes dictate its proximity to the property line. Their recourse, then, was to approach the Town for a variance to its codes to allow for a replacement of the wall and associated patio in, generally, the same location and configuration. The attached plans and details describe how that could be done while updating the living space to meet current codes. Specifically, there would be a steel handrail along the top of proposed walls with a vertical delta greater than 30"; it will step up the hill to eliminate walls in excess of 6'; and will be constructed of concrete, steel reinforcement, and stone veneer. A built-in hot tub would facilitate stepping up the hill and provide greater quality of life. Associated with walls is a patio: we view the two as one and feel the patio should generally remain as it currently exists. We also consider the hot tub as part of patio space. The primary goal of planting is to screen the view to this new wall and rail from adjacent neighbors and Manns Ranch Road. Because if the wall's alignment, and in order to screen it sufficiently, planting would occur on Lot 3. Also attached to this application are signed approval letters from all three affected neighbors for wall replacement and planting. The proposed retaining walls can be re -built in a way which will bring it up to code, will replace a wall with a much more attractive one while adding to the quality of life to the Cauthorns. We look forward to your review of this proposal and will further explain our intent. Thank you very much for your consideration, Ric Fields, Fieldscape Incorporated April 7, 2021 *1M G February 19, 2021 Fieldscape Incorporated PO Box 1871 Avon, Colorado 81620 ric@fieldscape.net Attn.; Mr, Ric Fields Re: Cauthourn Residence—Structural Observation of Site Wall, 2945 Manns Ranch Road, Vail, Eagle County, Colorado (IMEG 21001210) Mr. Fields; IMEG Corporation conducted a structural observation of the exterior timber site wall and surrounding grades on February 17, 2021. The purpose of our site visit was to observe the general structural condition of this site wall and to determine by visual review the stability of the site and the timber wall. The timber retaining wall that is located at the north/west corner of the western side this duplex structure appears to have been constructed during the original construction period of the building. It was built to built to lower the natural grade along the west side of the residence. The following are our findings; 1. The grade along the west side of this building slopes approximately 10 feet between the patio level along the west wall of the residence and the north wall of the building. This timber retaining wall was constructed in an L -shape to allow the installation of a level patio on its south side. 2. The timber wall is more than 10 feet tall. The west side of the L-shaped wall steps down to the patio grade at a slope of approximately 1 to 1, 3. A smaller 2 foot high stacked stone wall was constructed inside the L-shaped wall to create a planter box. 70 Benchmark Road, Suite 204, Avon, CO 81620 > 970,949.7768 > imegcorp.com Cauthorn Residence Site Features February 19, 2021 I MEG #21001210 Page 2of3 4. The timbers appear to be in varying stages of deterioration. Only the north and east faces of the walls are visible, and these faces were painted solidly in the same color as the homes exterior siding. In some locations moisture damage from snow and seeping groundwater can be seen. The walls are in constant contact with soil on the north and west sides. This condition will lead to deterioration of the wood members and subsequent partial collapse and horizontal movement. 5. We believe that this wall has a limited remaining life span of less than 5 years. 6. Installation of permanent site features such as a hot tub or permanent seating walls and benches is not possible on the low side of this type of retaining wall system as horizontal movement will occur over time. In summary we have determined that the current L-shaped timber retaining wall has a limited remaining life span. We recommend removal of this wall and installation of a new concrete site wall to retain and stabilize the site grade along the west side of the residence. If any questions remain please call our office. I MEG Corporation .�( Hannes Spaeh, P.E. Principal — 055906£ (OL6) a�oyd oz95a —1-1-D —V -T a O a _ � a =oo opezojOD',�4unOD ajeSeg'jiep;o umOL SUijid g4E1 'l )ID010'f407 aauaprs@N uanoulneD aq L ULM SU041PUOD 3ut4srxg aH! 3E u I v °zHva ;�arw" z A o — 055906£ �OL6) a�oyd oz95a —1-1-D —V -T a 0 d _ a o 0 Opez0i0D',�4un0D @tSPA'Iien;o umOL SSuil?d g4E1 'l )IDolfl 'f40-1 I$j aauaprs@N uanoulneD aq = Nl suot40ag pue uejCI a41g`0 3: zip! 1 99 S9£ 49 89 z�R�IDsn — 055906£(OL6)-- N OZ9S8 —1-1-D —V -T 8 0 k � Pry,.\ e =o° OpezOjOD',�4unOD @tSPA'jiep;o umOL SUTl?d g4E1 'l )IDOIfl 'f40-1 I6€ aauaprsaN uanoulneD aql i, .z SUORLInOILD @41S pue ULM Sur4ueil s, so Mz 0 z�_ sgn,gg pue I—A—pun-9 h m m E � = � e Q — (Do °° ° City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: April 26, 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 Meeting 2 PEC21-0015 0016 (Final Draft).pdf Introductory Staff Memo PEC21-0015 0016 4-26 Attachment A. Vicinity Map.pdf Attachment A. Vicinity Map Attachment B. Applicant s Narrative.pdf Attachment B. Applicant's Narrative Attachment C. Plans - 4-12-21 Part 1.pdf Attachment C. Plans - 4-12-21 Part 1 Attachment C. Plans - 4-12-21 Part 2.pdf Attachment C. Plans - 4-12-21 Part 2 Attachment D. Transportation Inpact Study.pdf Attachment D. Transportation Inpact Study Attachment E. Parking Analvsis.pdf Attachment E. Parking Analysis Attachment F. Geologic Hazards Assessment.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 Attachment J. EIR Middle Creek Village - August 2001.pdf Attachment J. EIR Middle Creek Village -August, 2001 Attachment K. Applicant Written Responses to PEC and DRB - 4-22-21.pdf Attachment K. Applicant Written Responses to PEC and DRB -4-22-21 0) TOWN OF VAIL Memorandum To: Planning and Environmental Commission From: Community Development Department Date: April 26, 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 be an update on the project and its components after the comments and questions from the PEC from the initial review on April 12th. This second review will serve as another opportunity for the Planning and Environmental Commission to review the project and for the public to provide comment. At this second meeting, no request for action by the PEC is being made by the applicant. As such, staff has provided the associated review criteria for each application but have withheld analysis until a future meeting. This application was before the PEC on April 12th for an introductory meeting. During that meeting the PEC made comments on the project and gave direction for the applicant on what to include in the project moving forward. A short summary of those comments is included in the Discussion section along with the corresponding changes in the application that were submitted. As requested in the April 12th meeting the Environmental Impact Report has been included in the record and is attached for review. Staff recommends that the Planning and Environmental Commission continues these applications to the May 10th 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 • 83 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, April 12, 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, 2021 I. Public Comment - Mike Coughlin April 5, 2021 J. EIR for Middle Creek Village, August, 2001 K. Applicant Written Responses to PEC and DRB, April 22, 2021 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 83 Enclosed 211 85% 0 Ratio 1.75/Unit 1.15/Unit Recreation Area 4,250 SF 968 SF 16.6SF/Bed 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 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. 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 ONTENTS: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 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 52,077 sq. ft. or 57.7% Complies Landscaping or 27,051 sq. ft. Minimum Snow Min. 30% of paved 5,201 sq. ft. or 30.6% Complies Storage area or 5,095 sq. ft. Required Parking 144 spaces 83 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 83 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 that 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 multi -family 30 84 60 2.0 .71 Lot 3 (proposedl 72 130 83 1.15 0.64 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? • The application was revised from the previous meeting to increase the parking provided from 55 spaces to 83 spaces provided. This has been achieved by making the spaces under the garage tandem parking spaces. A mobility management plan, that is being prepared is anticipated to have details on how these tandem spaces will be managed. 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 44 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 indoor storage has been increased from general bike storage and 13 lockers to 44 lockers. Does this 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? Comments from April 12th Meeting • Data on car sharing and the number of people served per car is needed. • At least one spot per car should be provided. • What is the amount of encroachment into the 40% slopes? • Snow storage and the amount that will be over the property line towards the frontage road. • A detailed parking management plan is needed. • The Environmental Impact Report from the original development should be included. • Revisions are needed based on DRB feedback about bulk and mass and building back into the hillside. These concerns were echoed by members of the PEC. Plan Changes The new set of plans updated since the previous meeting is included as Attachment C. These were received on Thursday April 22nd and Town staff have not had the chance to review or comment on this latest set. The applicants have provided a written response to how the plans have been changed to address the comments and concerns raised by the DRB and PEC (Attachment K). As of Thursday the 22nd a mobility management plan was being drafted in preparation for the meeting on the 26th and is not available to be included in the packet. IX. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission continue items PEC21-0015 and PEC21-0016 to May 10, 2021 or another mutually agreed upon date. X. ATTACHMENTS A. Vicinity Map B. Applicant's Narrative, March 15, 2021 C. Plan Set, April 12, 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, 2021 I. Public Comment - Mike Coughlin April 5,2021 J. EIR for Middle Creek Village —August, 2001 K. Applicant Written Responses to PEC and DRB, April 22, 2021 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 /r ES ER 0 0 z -0 0 m 2 C) 0 o U -o M (D T E O of 2 di w E 0 0 0 0 0 0 0 OW LU E E E E E E E E 'o Q 5555555=z Lu L -j LU Wat C-3 WLL, u LLI 19 0 LU ID WA 9 Elm m m oD I > LU ' a LU gh - M.- . ..q .. .... ........ MW CT) LU co w o Ln wO CO 0>1 LU z 0 w Z W rnW....... 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CT)-------------- 11VA NIVW IV S33N3(]IS3U x z - -------------- ------------- (5: Z rad 0.4 00 We 0: to: get. CT)- ---------- 11VA NIVW IV S33N3CIIS3U 2 0 z 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 Im 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: McDowell Enpineerinp, Telephone: 970-623-0788 Email: RreR@mcdowellenR.com Developer/Owner Name. Town of Vail / Triumph Development PROJECT•• • Project Name Middle Creek Lot 3 (Former Childrens Garden of Learning Site) Project Location 129 N Frontage Rd W, Vail, CO 81657, 550' west of 1-70 North RAB Project Description (Attached proposed site plan) Proposed Multifamily Development - 56 Multifamily Units State Highway North Frontage Road West - Frontage Road County Eagle Mile Post 175.95 Posted Speed Limit T5mph EB, 35mph WB ASSUMPTIONSTIS Study Years Current Year: 2020 Buildout Year: 2022 Long Term Year: 2045 Traffic Assessment Level (Provide justification) CDOT Level 2 - Auxiliary Turn Lane Assessment. Anticipated trip generation to be less than 100 DHV per CDOT R3 Levels of Traffic Assessments (Attached) Study Intersections 1. Site Access and N Frontage Road W 6. 2. 7. 3. 8. 4. 9. 5. 10. Future Growth Rate ❑ OTIS ❑ Regional TDM Q OtherTOV Std. 1.5% Seasonal Adjustment Factor SAF by nearest continuous CDOT counter Page 1 COLORADO Department of Transportation Recrion 3 ASSUMPTIONS• Project Trip Distribution Assume 40% to/from the west and 60% to/from the east (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 Rates will be based off of similar multifamily developments in the vicinity Trip Generation Land Use that were previously counted. Traffic counts and trip generation data will be included for these similar multifamily developments. See attached memorandum 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 EJEJANNUEJ SARE, INC. Geotechnical Engineers A Construction Sletufals Consuhann 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. T - ' i 4 4 i filq.r+ rl5 +r+Pm� 4 � _ i 10 ':.q;- 7f ��1 `~� V � 4w rt2JNntr• J kk rttt�rn. I � ( 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 picocudes 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.govLadon or the CDPHE radon website www.odphe.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 descri bes the debris fans as "Areas 0possid/e recurrent flooding, debris flows and hydrocompaction". 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. 5. 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 33919 oS y03/10121 �SS�ON AL •F -NG 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. STEWART ENVIRONMENTAL CONSULTANTS, INC. Consulting Engineers and Scientists Office &laboratory. 3801 Automation Way. Suite 204 Fort Collins, Colaradc 80525 (970) 226-5500 FAX (970) 226.4946 stewart@webacress.net Environmental Impact Re -Port for the proposed Middle Creek Village Vail, Colorado Prepared by.- Stewart y: Stewart Environmental Consultants, Inc. Consulting Engineers and Scientists Fort Collins, Colorado 0 0 TABLE OF CONTENTS Page C. INTRODUCTION ...... :.............................. ....................................................................................................,. 1 II. PURPOSE............................................................................................,..,.......,...,.........,,............................. 1 III, PROJECT BACKGROUND AND DESCRIPTION....................................................................................... 2 SiteConcept .............................................................................................................................................. ... 2 BuildingConcept.......................................................................................................................................... 2 IV. SITE DESCRIPTION AND ENVIRONMENTAL INVENTORY.................................................................... 3 Location........................................................................................................................................................ 3 Zoning........... ................................................................................................................................................ 3 SiteUsage .................. .......................................................................................................................... ..._... 3 HydrologicConditions.................................................................................................................................. 3 GeologicConditions..................................................................................................................................... 4 BioticConditions . ...................................... .......................................................... --- .................................... 4 V. ENVIRONMENTAL CONCERNS AND RECOMMENDATIONS................................................................. 5 VI. OTHER ENVIRONMENTAL CONDITIONS ............ .........................••---..................................................... 7 A. Land Acquisitions and Displacements..................................................................................................... 7 B. Land Use and Zoning.............................................................................................................................. 7 C. Visual Conditions..................................................................................................................................... 7 D. Air Quality................................................................................................................................................ 7 E. Noise........................................................................................................................................................ a F. Light Pollution........................................................................................................................................... a G. Flooding................................................................................................................................................. 8 H. Navigable Waterways and Coastal Zones............................................................................................... 8 I. Traffic and Parking ................................................................,..............,................................................. 8 J. Energy Requirements and Potential for Conservation ....... ................................. :.................. ................... 8 K. Construction............................................................................................................. ....... L. Aesthetics............................................................................................................................................... 10 M. Community Disruption ......... ............................ ..... 107 N. Secondary Development.... . ....................................................................... ............................ ............. 11 O. AGENCIES AND PERSONS CONSULTED........................................................................................ 11 VII. SUMMARY.. ............................................................................................................................ ---------------- 11 VIII. ASSESSOR QUALIFICATIONS............................................................................................................. 14 FIGURES 1. Location Map 2. Ae�al Photo 3. Site Map 4. Photographs APPENDICES A. Eagle County List 0 0 I. INTRODUCTION Odell Architects, PC retained Stewart Environmental Consultants Inc. to perform an Environmental Impact Assessment of the proposed Middle Creek Village development. The property is located adjacent to the Mountain Bell facility, directly north across Interstate 70 from Vail Village. The proposed project consists of multi -family housing constructed an a 6.5 -acre site owned by the Town of Vail. The purpose of the project is to provide affordable housing for people currently employed in Vail, who are presently living in or near the community. The project owner is Coughlin and Company, 140 East 19`" Ave., Suite 700, Denver, Colorado 80203-1035. The site location is depicted on Figures 1 through 3. Photographs of the site are provided as Figure 4. 11. PURPOSE The purpose of performing the Environmental Impact Assessment is to achieve the following objectives: A. Availability of Information: To ensure that complete information an the environmental effects of the proposed project is available to the Town Council, the Planning and Environmental Commission, and the general public. B. Environmental Protection A Criterion: To ensure that long-term protection of the environment is a guiding criterion in project planning, and that land use and development decisions, both public and private, take into account the relative merits of possible alternative actions. C. Review and Evaluation Procedure: To provide procedures for local review and evaluation of the environmental effects of proposed projects prior to granting of permits or other authorizations for commencement of development. D. Avoid Geologic Hazard Areas: To ensure that the buildings are not constructed in geologic hazard areas, by way of illustration, flood plains, avalanche paths, rockfall areas, where such hazard cannot practically be mitigated to the satisfaction of the Planning and Environmental Commission and the Town Council. E. Protect Water Quality: To ensure that the quality of surface water and ground water within the Town of Vail will be protected from adverse impacts and/or degradation due to construction activities. [Ord. 37 (1980) 10: Ord, 19 (1976) 14: Ord. 8 (1973) 16.100] 2850-001 Environmental Impact Report Page 1 of 14 Middle Creek Village Vail, Colorado Stewart Environmental Consultants, Inc. 0 111. PROJECT BACKGROUND AND DESCRIPTION Site Cv_nce t The initial conceptual design approach for Middle Creek Village housing is meant to reflect a new model of multi family housing in mountain communities. The site parameters and community context were the prime motivators for the layout of the buildings and parking; however, the solution incorporates some planning principles of a more "urban" nature. The buildings are arranged around a pedestrian oriented "street" which creates an axis running east to west across the site. The "street" rises to the center of the project, following the contours of the site. Entries into individual units as well as project amenities will occur along the path, and it is envisioned to include both hardscape and landscape areas. The pedestrian street will be an active place reminiscent of other village centers in the community. Encouraging the use of alternate transportation, our team proposes to work with the Colorado Department of Transportation and the Town of Vail to create a project specific transit step, as well as develop pedestrian and bicycle access from the site into town. These are accessible to the residences along a central pedestrian spine that nuns down the hill and through a two-story opening in the center building, ending at the proposed transit stop. Given that a large segment of the market for this project will be seasonal employees, our team believes the daily use of the automobile can be minimal. Consequently, the relationship between the car and the building is downplayed in our solution. Separating vehicle parking from the buildings allows the project to create a pedestrian oriented "village" character and allows the buildings to be sited closer together, thus visually reinforcing this image. This is similar to the exterior pedestrian spaces created by the architecture at areas such as Bridge Street in Vail Village and Lionshead Village. The siting of the parking areas behind the buildings will also help shield views of the lots from the frontage road and from across the valley. The Early Learning Center has been sited to the far eastern edge of the site, but is easily accessible from the residences on the loop road. This configuration provides a nicely separated site for the children's facility. The overall site concept adheres closely to the existing contours of the site. The buildings rise and fall across the length of the site with the terrain, creating an undulating profile that further reinforces the "village" concept. Building Conce Further reinforcing the "village" concept, the buildings are designed as three separate building types. All the buildings will be one unit deep, creating crass flow ventilation and economy of construction. There are no enclosed walkways or stair towers, as the site allows the majority of units to be accessed at grade. Internal floor plans will develop stacked plumbing cores, and the mix of units will be designed to minimize structural offsets and maximize construction simplicity. Each of the six residential buildings includes a one-story element on the end which houses laundry and storage facilities for that building. The building orientation creates maximum 2850-001 Environmental Impact Report Page 2 of 14 Middle Creek Village Vail, Colorado Stewart Environmental Consultants, Inc. 0 0 southern exposure for every unit. The fact that the buildings are simply one unit deepereates excellent opportunities for flow-through ventilation. Our proposal will incorporate highly efficient mechanical and electrical designs. We believe on a scale of zero to five our development will achieve a five, or the highest efficiency rating available. Since all units are accessed from grade or a small stair, there are no interior corridors to heat or cool, further enhancing overall energy efficiency. Please refer to our preliminary LEER evaluation in Section VI -J for additional information on energy and sustainability. The overall character of the building design is meant to reinforce the "villager' concept, with varying building types, massing, and styles creating a cohesive whole. Stylistically, we will incorporate the tradition of Vail Valley architecture while maintaining an economical design_ Thiscan be achieved by the judicious use of distinct design elements throughout the project. In a cost sensitive project, forms may be simple, but the sensitive use of massing, scale, and rhythm can create an architecture that is respectful of, and complimentary to, the surrounding architecture of Vail Valley, The exciting architectural design and pedestrian street space will create a of choice for potential employees. IV. SITE DESCRIPTION AND ENVIRONMENTAL INVENTORY Location The subject property is an irregular shaped, approximate 6.5 -acre mountainside site; its location is described as a part of the South 1/2 of the Southeast % of Section 6, Township 5 South, Range 80 West of the 6'h PM, Town of Vail, Eagle County, Colorado. The property adjoins the existing Mountain Bell property located north of the 1-70 North Frontage Road, Zoning A majority of the subject site is presently zoned "NAPID" (Natural Area Preservation District), and a small portion of the site where two early learning centers are located is zoned "G" (General). The proposed project will require rezoning the 6.5 -acre site to the designation "H" (Housing). Site Usag The property is owned by the Town of Vail. Onsite development includes two small wooden structures presently housing early childhood learning centers. They are located directly east of the offsite Mountain Bell structure. Site development plans call for demolition of the two early childhood learning facility StrUCtLiVeS With construction of a new learning center at the southeast portion of the site. 'The remainder of the site is undeveloped open land except for the existing road and parking area that serves the off-site Mountain Bell facility and the onsiteearly learning facilities. The proposed use of the property was described in Section 1, above. Hydrologic Conditions No surface bodies of water are located on the proposed project site. Onsite surface drainage is mainly via sheet flow and is generally southerly, although the western portion of the site likely drains to Middle Creek, located off site just to the west of the entry road. A man-made drainage 2850-001 Environmental Impact Report Page 3 of 14 Middle Creek Village Vail, Colorado Stewart Environmental Consultants, Inc. 0 0 channel adjoins the eastern side of the Mountain Be]] structure. Soil and drainage issues are described in reports provided under separate cover by Koechlein Engineering and Peak Land Consultants, Inc. Geoloclic Conditions A geologic report by RJ Irish, Consulting Engineering Geologist, Inc. is provided under separate cover. Biotic Conditions Ecologically, the property is located in the Montane Zone at elevations of approximately 8r220 to 8,300 feet above mean sea level on a southerly aspect. Regarding plant communities, the site is described as complex as it contains elements of several communities. These include Montane Grasslands and Mixed Mountain Shrubland located on the eastern portion of the mountainside with Aspen stands occurring at the southeastern portion of the site. These communities include representatives of most of the life forms of the plant kingdom including ferns, grasses, forbes, shrubs, and trees. Native and non-native vegetation is present including invasive species of noxious weeds. The western area of the property is mainly Montane Riparian Forest dominated by Narrow -leaf Cottonwoods (Pcpulus angustafolia) and a scattering of Thin -leaf Alder (Alnus incana) and Aspen (Populus tremuloides). Presence of Aspen as well as species of invasive weedy forbes indicate the likelihood of past disturbance such as fire. Climax community species such as Colorado Blue Spruce (Picea pungens) are located off site higher up the Middle Creek drainage, but Blue Spruce and other climax community trees were not observed on site. Wildlife uses the site; large mammals including deer and elk browse on the Serviceberry and Current located in the Mixed Mountain Shrubland Community. Other mammals including Black Bear, Coyote, Fox, Rabbits, Chipmunks, Golden -mantle Ground Squirrels, Pocket Gophers, and other rodent species likely feed and/or inhabit the site. Reptiles, such as species of Garter Snakes also likely inhabit the site. No major wildlife migratory routes appear to be located on site. Although Middle Creek is located off site directly west of the property's western boundary, the creek is not likely used as a migratory corridor. Inter,5tate70 and development adjoining the south side of 1-70 preclude use of the corridor for migratory use. Middle Creek is contained within a culvert from the north side of 1-70 to its confluence with Gore Creek south of 1-70. No known threatened or endangered species of plants or animals have been identified at the site. However, no onsite surveys for such species are known to have been per -formed. The Colorado Natural Heritage Program's Conservation Status Handbook (1999) lists the status of various animals, plants, and plant communities found in Eagle County. A copy of the Eagle County list is provided in Appendix A. We recommend having the Colorado Natural Heritage Program perform a GIS "Environmental Review' of the subject site and adjacent area. The review searches known ecological information regarding the status of plants, plant communities, and animals within a specified radius of the subject property. The review will report the status of these communities, Middle Creek, a relatively pristine stream that likely contains Native Cutthroat Trout, traverses the adjacent property to the west of the subject site. The creek flows out of a saddle located to 2850-001 Environmental Impact Report Page 4 of 14 Middle Creek Village Vail, Colorado Stewart Environmental Consultants, Inc. 0 0 the north upslope from the site, It flaws southerly down slope, jogs west around the Mountain Bell building, and then flows southerly for approximately 150 feet paralleling the west side of the entry road to Mountain Bell. It enters a culvert beneath 1-70 and the associated frontage roads and flows through the culvert south of 1-70 to its discharge point into Gore Creek south of the interstate. Gare Greek flaws westerly to its confluence with the Eagle River near Minturn, The existing creek channel may not be the historic creek channel. Stream modification (channelization) appears to have been conducted upstream of the culvert adjacent to the entry road. This 150 -foot reach is likely the closest location of the stream to the subject property. The stream bank, as well as its associated vegetation, appears disturbed along this reach.. Observed vegetation was mainly upland in nature with both native (Western wheat grass- Agropyron sp.) and non-native species of grasses (brome-Bromus enur+mus), as well as invasive noxious weeds (See Figure 4 photographs, page 2). Upstream from this reach and off site from the subject property, a riparian corridor of wetland vegetation adjoins the stream channel. Adjoining the east side of the entry road, adjacent to its 150 -fact north/south orientation, is a Narrow -leaf Cottonwood (Populus angustifolia) community. This species is referenced in the U.S. Department of the Interior, Fish and Wildlife Service publication, National List of Plant Species That Occur In Wetlands: Intermountain {Region 8}. Its indicator category is listed as "Facultative", which is described as "Equally likely to occur in wetlands or nonwetlands (estimated probability 34%-66%). The presence of this community may be due to a former location of the stream channel or may be due to high groundwater conditions existing near the stream channel. The Narrow -leaf Cottonwood Community continues to the north (off site) and south (on site) of the entry road after the road turns east. Figure 4 Photographs, page 2, depicts the entry road along its east/west orientation with the Narrow -leaf Cottonwood Community adjoining both sides of the road. The presence of this community is an indicator of the potential existence of wetlands; it does not necessarily confirm their presence. Actual wetland existence can only be determined by performing a wetland assessment, which not only considers vegetation type, but also investigates other factors including the presence of hydric soils and wetland hydrology, Montane Environmental Solutions of Vail, Colorado is presently investigating wetland issues at the site. A letter regarding the status of their investigation is provided under separate cover, V. ENVIRONMENTAL CONCERNS AND RECOMMENDATIONS The proposed Middle Creek Village will impact plant and animal communities presently inhabiting the property. Site development including earth roving activities and building/parking lot construction will strip a majority of the existing native and non-native vegetation and displace wildlife from the approximate 6.5 -acre site. However, existing vegetation and wildlife are not site specific. Surrounding property to the north, east, and west contain vast square miles of similar plant communities, wildlife habitat, and wildlife species, The loss of these 6.5 acres does not represent a significant impact to the plant and animal communities. Displaced wildlife will find and inhabit nearby similar habitat - 2850 -001 Environmental Impact Report Page 5 of 14 Middle Creek Village Vail, Colorado Stewart Environmental Consultants, Inc.. 0 0 Landscaping including grass, shrubs, and trees will cover a min ' minimum of 30% of the developed site. Middle Creek Village will be sensitively integrated into environmental surroundings, Birds, insects, and possibly small mammals will utilize the landscaped areas, which will mitigate some habitat loss. The presence of Middle Creek Village will have impacts on use of adjacent property by wildlife -- particularly large mammals. Increased human presence and reflected light may influence adjoining habitat use. Adjoining property is private so that residents of the village should not be using adjoining properties. Human/bear interaction is possible. All trash dumpsters will need to be covered and otherwise made bear proof. Lighting designed to reduce reflected light and conform to the Town of Vail building code will be incorporated into the site design. Impact to Middle Creek from surface runoff will be minimized. Potential impacts include grease/oil runoff from paved parking areas and sand/gravel runoff from winter sanding of roads, The location of accumulated snow piles resulting from plowing will be addressed. The piles will be located such that snowmelt containing grease, oil, silt, sand, and gravel do not impact Middle and Gore Creeks- Any such contaminants discharged to Middle Creek may impair water quality of the creek and potentially impact the fisheries of both Middle and Gore Creeks. Engineered drainage swales, berms, dikes, etc. will be incorporated into the project design to prevent impact to Middle Creek. Construction will be in accordance with all applicable local, state, and federal regulations and standards. If dewatering is required during construction, water will be retained on site. As previously referenced, drainage issues are addressed in a report under separate cover. Montane Environmental Solutions is performing a wetland assessment. As previously referenced, a potential exists for the existence of jurisdictional wetlands in the vicinity of the Marrow -leaf Cottonwood Forest located adjacent to the existing access road. The presence of this community is an indicator of the potential existence of wetlands- it does not necessarily confirm their presence. We recommend performing a wetland assessment conforming to US Army Corps of Engineers (The Corps) guidelines, If on-site wetlands are identified, several alternatives are available. These include- 1) establishing development setbacks from the wetlands 2) wetlands can be taken through the 404 Permitting process and replacement per -formed to mitigate the loss or 3) if the wetlands are below minimum surface areas established by the Corps,, they may be removed and built upon. If on-site jurisdictional wetlands are identified, The Corps is the agency regulating such matters. A parking facility is proposed at a location just east of the Mountain Bell structure. Middle Creek ties north and west of this area. Impacts to the riparian corridor and wildlife using the corridor adjacent to Middle Creek will to be minimized. This can be accomplished by constructing the parking area as far as possible from Middle Creek. Drainage issues as previously referenced are also a concern in this area of the site. Engineered drainage swales, berms, dikes, etc. will be incorporated into the project design to prevent impact to Middle Creek. 2850-001 Environmental Impact Report Page 6 of 14 Middle Creek Village Vail, Colorado Stewart Environmental Consultants, Inc. 9 0 VI. OTHER ENVIRONMENTAL CONDITIONS A. Land Acquisitions and Displacements The impact is "Generally Not Significant". Approximately 6.5 acres of land is required; the developer/project owner is Coughlin and Company, 140 East 19" Ave_ Suite 700, Denver, CO 80203-1035. The Town of Vail owns the land. It is proposed that the Town of Vail will lease the site to the developer for a 53 -year period at which time the property will revert to the Town. Two displacements will result from implementation of the proposed project. The ABC and the Learning Tree early childhood learning centers will be displaced. The existing buildings will be demolished, and new facilities will be constructed at the southeastern portion of the site. State regulations require a full National Emissions Standards for Hazardous Air Pollutants (NESHAP) asbestos inspection of the buildings prior to demolition. If the inspection identifies asbestos -containing materials, regulations require their removal prior to demolition of the buildings. No minority communities, households, or minority-owned businesses are located on site, and therefore, will not be impacted by any potential negative environmental concerns such as noise, air, or water pollution; or from the construction of the facility. B. Land Use and Zoning The impact is "Generally Not Significant". A majority of the subject site is presently zoned "NAPU (Natural Area Preservation District), and a small portion of the site where two early learning centers are located is zoned G. The proposed project will require rezoning to the designation "H" (Housing). C. Visual Conditions Parking areas will be located behind housing thereby shielding it from view from the Town of Vail. Overall project form and massing is in character with existing Vail Village. The height, mass, and materials that will be used in the proposed Middle Creek Village will convey a sense of permanence and contextual and regional appropriateness. D. Air Quality The impact is "Generally Not Significant". The project will conform to all applicable local, state, and federal air quality regulations and standards, including, but not limited to those regulating odor, dust, fumes of gases, which are noxious, toxic, or corrosive, and suspended solid or liquid particles. 2850-001 Stewart Environmental Consultants, Inc. Environmental Impact Report Middle Creek Village Vail, Colorado Page 7 of 14 0 0 Fireplaces will not be installed in the development thereby eliminating wood smoke. There will be no balconies or decks that would provide space for grills or barbecues. There may be a grill in a public area of the complex. The Middle Creek Village project is designed to discourage vehicle usage and encourage other modes of transportation such as 'buses, biking, and walking. TDA of Colorado performed a transportation impact analysis regarding the proposed Middle Creek Village. Their report is provided under separate cover. The report indicates that the impact of traffic generated by the proposed project will be ",Generally Not Significant". MM.1 The impact is "Generally Not Significant". Stewart Environmental identified no noise -sensitive; land uses on adjacent properties. The proposed site is located adjacent to the north side of 1-70. The noise from the interstate is far greater than any that would be produced by the development. F. Light Pollution The Middle Creek Village development will have minimal light trespass from the residential buildings. G. Flooding The impact is "Possibly Significant". Peak Land Consultants, Inc. addresses flooding issues in a report provided under separate cover. H. Navigable Waterways and Coastal Zones The impact is "Generally Not Significant". The proposed site is not located near or affected by a navigable waterway or a coastal zone. I. Traffic and Parking The impact is "Generally Not Significant". TDA of Colorado performed a traffic study. Their report is provided under separate cover. J. Energy Requirements and Potential for Conservation The impact is "Generally Not Significant". The proposed project is expected to result in energy conservation. The Vail Affordable Housing Project, Vail, Colorado incorporates principles of sustainable design and utilizes design strategies to reduce its energy and environmental impact. The U.S. Green Building Council's 2857-001 Environmental Impact Report Page 8 of 14 Middle Creek Village Vail, Colorado Stewart Environmental Consultants, Inc. 0 0 Leadership in Energy and Environmental Design (LEED) rating system is here used as 2 preliminary sustainable design measure of the project. As it is currently written, LEED version 2.0 is a system designed to rate new and existing commercial, institutional, and high-rise residential buildings. It specifically rates low-rise residential projects. The USGBC is currently developing a residential version of the LEED rating system. Nevertheless, the sustainable design principles embodied in LEED v. 2.0 serves as useful goals, guidelines, and measure for sustainable features of the Vail Affordable Housing Project. The LEED rating system consists of seven prerequisite criteria and 32 user -selected criteria organized into five categories: • Sustainable Site Development • Water Efficiency • Energy and Atmosphere • Materials and Resources • Indoor Environmental Quality LEED is a voluntary, consensus -based, market-driven building rating system based on available proven technology that evaluates environmental performance from a "whole building" perspective over a building's life cycle. The following preliminary LEED analysis incorporates input from the design team to more accurately evaluate the conceptual design of the Vail Affordable Housing Project. K. Construction The impact is "Generally Not Significant". Construction of the Middle Creek Village is anticipated to commence in March 2002 and will last for approximately 18 months, therefore any construction impacts will be temporary and of short duration. All construction staging will be located on site and construction activities predominantly will be confined to this site. Contractors will be required to obtain the necessary permits and comply with all relevant town, state and federal regulations regarding construction and safety. Potential construction impacts are described below. Noise No noise -sensitive land uses are located on adjacent property. Construct -Ion hours and noise levels will comply with the Town of Vail policies. Disruption of Utilities It is anticipated that there will be no disruption of utilities, and therefore no significant impact with this activity. Construction of all utilities to serve the site will be contained within the proposed site. Disposal of Debris and Spoil 2850-001 Stewart Environmental Consultants, Inc. Envircrimental Impact Report Middle Creek Village Vail, Colorado Page 9 of 14 0 0 Demolition of two buildings is required as previously referenced. All construction debris will be disposed at an approved landfill and transported on designated truck routes. The general contractor will be responsible for on-site cleanup and disposal of debris. Soil fill may be required to elevate buildings above the 100 -year flood plain. Disposal of sail is not required. Water Quali!y and Runoff Project construction will not impact existing water quality. The general contractor will comply with water quality requirements for site construction to meet state water quality regulations, Best Management Practices (BMPs) will be implemented during construction including the use of erosion control measures. Access and Disruption of Traffic City streets will not have any significant impact since the site is located directly off the I- 70 North Frontage Road, Any frontage road diversions will be addressed with a detour plan. Air Quality and Dust Control Standard construction practices and BMPs will be used to control and minimize onsite dust and emissions. Safety and Security Standard construction safety measures will be observed on site. Town of Vail police will ensure security. Disruption of Businesses No businesses are located in the immediate vicinity of the project area. L. Aesthetics The impact is "Generally Not Significant". The height, mass, and materials that will be used in the proposed Middle Creek Village will convey a sense of permanence and contextual and regional appropriateness. In addition, the facility design will promote an orderly circulation and efficient integration of buses, other vehicles, and pedestrians. M. Community Disruption The impact is 'Generally Not Significant". No businesses or residential sectors will be disrupted or displaced, and no segments of the community will be isolated as a result of this proposed project. 2850-001 Environmental Impact Report Page 10 of 14 Middle Creek Village Vail, Colorado Stewart Environmental Consultants. inc. N. Secondary Development The impact is 'Generally Not Significant", The proposed project will not generate secondary development. The project is an outcome of the community's determination to provide affordable housing for people already employed in Vail and are presently living in or near the community. The proposed housing project indirectly addresses the cause of traffic -related problems, 0. AGENCIES AND PERSONS CONSULTED Agencies and Personnel > Colorado Division of Wildlife, Vail Area — Bill Andree, Wildlife Conservation Officer > Colorado Natural Heritage Program at Colorado State University— Beth Van Dusen Denver Regulatory Office, U.S. Army Corps of Engineers, Terry McKee Colorado State University, Department of Entomology, Phyllus Pineda References Used 1. Colorado Natural Heritage Program, Conservation Status Handbook, Volume 3, No. 2, May 1999, 2. Fish and Wildlife Service, US Department of the Interior, National List of Plant Species That Occur in Wetlands: Intermountain (Region 8), Biological Report 88, May 1988. 3. Mitsch, WJ & Gosselink, JG, Wetlands, Van Nostrand Reinhold, 2r"' Ed, 1993. 4, Kittel, G., E. Van We, M. Darnirril R. Rondeau, S. Kettier, A. McMullen, and J. Sanderson, 1999c, A Classification of Riparian Wetland Plant Associations of Colorado: User Guide to the Classification Project. Colorado Natural Heritage Program, Colorado State University, Fort Collins, CO 80523 VII, SUMMARY Odell Architects, PC retained Stewart Environmental to perform an Environmental Impact Assessment of the proposed Middle Creek Village development located in Vail, Colorado. Based on the findings contained in this report, the following conclusions have been drawn and opinions and recommendations made: 2850-001 Environmental Impact Report Page 11 of 14 Middle Creek Village Vail, Colorado Stewart Environmental Consultants, Inc. 0 0 Findings, Conclusions. Opinions and Recommendations 1. The proposed Middle Creek Village development is located adjacent to the Mountain Bell facility, directly north across Interstate 70 from Vail Village, The proposed project consists of multi -family housing constructed on a 6.5 -acre site owned by the Town of Vail. The project will not promote secondary development. The purpose of the project is to provide affordable housing for people currently employed in Vail who are presently living in or near the community. The project owner is Coughlin and Company, 140 East lYh Ave., Suite 700, Denver Colorado 80203-1035, 2. A majority of the subject site is presently zoned "NAPD" (Natural Area Preservation District), and a small portion of the site where two early learning centers are located is zoned G. The proposed project will require rezoning to the designation "H" (Housing), 3- Environmental issues regarding the proposed project are addressed in reports provided under separate cover. These include a) geologic hazards - RJ Irish, Consulting Engineering Geologist, Inc., b) drainage issues - Peak Land Consultants, Inc., c) soils - Koechlein Engineering, and d) traffic — TDA of Colorado. 4. Wetland issues were identified and are addressed within this report. Montane Environmental Solutions of vail, Colorado is presently performing an in-depth investigation of the wetland issues. A letter regarding the status of their investigation is provided under separate cover, 5. Wildlife uses the site-, large mammals including deer and elk browse on the Serviceberry and Current located in the Mixed Mountain Shrubland Community, Other mammals including Black Bear, Coyote, Fox, Rabbits, Chipmunks, Golden -mantle Ground Squirrels, Pocket Gophers, and other rodent species likely feed and/or inhabit the site_ Reptiles, such as species of Garter Snakes also likely inhabit the site. No major wildlife migratory routes appear to be located on site, Although Middle Creek is located off site directly west of the property's western boundary, the creek is not likely used as a migratory corridor. Interstate70 and development adjoining the south side of 1-70 preclude use of the corridor for migratory use. Middle Creek is contained within a culvert from the north side of 1-70 to its confluence with Gore Creek south of 1-70. 6. No known threatened or endangered species of plants or animals have been identified at the site. However, no on-site surveys for such species are known to have been performed. The Colorado Natural Heritage Program's Conservation Status Handbook (1999) lists the status of various animals, plants and plant communities found in Eagle County. A Copy of the Eagle County list is provided in Appendix A. We recommend having the Colorado Natural Heritage Program perform a GIS "Environmental Review" of the subject site and adjacent area. The review searches known ecological information regarding the status of plants, plant communities and animals within a specified radius of the subject property. The review will report the status of these communities. 7. The proposed Middle Creek Village will impact plant and animal communities inhabiting the property. Site development including earth moving activities and building/parking lot 2850-001 Stewart Environmental Consultants, Inc. Environmental impact Report Middle Creek Village Vail, Colorado Page 12 of 14 0 0 construction will strip a majority of the existing native and non-native vegetation, including noxious weeds, and displace wildlife from the approximate 6.5 -acre Site. However, existing vegetation and wildlife are not site specific. Surrounding property to the north, east and west contain vast square miles of similar plant communities, wildlife habitat and wildlife species. The loss of these 6.5 acres does not represent a significant impact to the plant and animal communities. Displaced wildlife will find and inhabit nearby similar habitat. 8. The presence of Middle Creek Village will have impacts an use of adjacent property by wildlife, particularly large mammals. Increased human presence and reflected light May influence adjoining habitat use. Adjoining property is private so that residents of the Village should not be using adjoining proper -ties. Human/bear interaction is possible. All trash dumpsters will need to be covered and otherwise made bear proof. Lighting designed to reduce reflected light and conform to the Town of Vail building code will be incorporated into the site design. 9, Impact to Middle Creek from surface runoff will be minimized. Potential impacts include grease/oil runoff from paved parking areas and sand/gravel runoff from winter sanding of roads. The location of accumulated snow piles resulting from plowing will be addressed. The piles will be located such that snowmelt containing grease, oil, silt, sand, and gravel do not impact Middle and Gore Creeks. Any such contaminants discharged to Middle Creek may impair water quality of the creek and potentially impact the fisheries of both Middle and Gore Creeks. Engineered drainage swales, berms, dikes, etc. will be incorporated into the project design to prevent impact to Middle Creek. Construction will be in accordance with all applicable local, state, and federal regulations and standards. If dewatering is required during construction, water will be retained on site. 10. A parking facility is proposed at a location just east of the Mountain Bell structure. Middle Creek lies north and west of this area. Impacts to the riparian corridor and wildlife using the corridor adjacent to Middle Creek will to be minimized. This can be accomplished by constructing the parking area as far as possible from Middle Creek. Drainage issues as previously referenced are also a concern in this area of the site, Engineered drainage swales, berms, dikes, etc, will be incorporated into the project design to prevent impact to Middle Creek. 11. Two displacements will result from implementation of the proposed project. The ABC and the Learning Tree early childhood learning centers will be displaced. The existing buildings will be demolished and new facilities will be constructed at the southeastern portion of the site. State regulations require a full National Emissions Standards for Hazardous Air Pollutants (NESHAP) asbestos inspection of the buildings prior to demolition. If the inspection identifies asbestos -containing materials, mitigation (a bateme nt/re m oval) per regulations will be per -formed prior to demolition of the buildings. 2850-001 Environmental Impact Report Page 13 of 14 Middle Creek Village Vail, Colorado Stewart Environmental Consultants, Inc. 0 0 VIII. ASSESSOR QUALIFICATIONS Stewart Environmental has performed environmental consulting services for more than 2,800 different clients since 1980- With a staff of 25 professional engineers, scientists, and technicians, Stewart Environmental is qualified to perform environmental impact assessments_ Thefollowing is a list of key Stewart Environmental personnel and their responsibilities on this project: Richard G. Patterson, PE -- Project Administrator -11 .,- Robert J. Blinderman, REPA -- Environmental Scientist Mr, Patterson (registered professional engineer) provided overall project administration and project review. Mr. Blinderman (M.S. Natural Sciences, M -S. Industrial Science, registered environmental property assessor, and certified asbestos inspector) performed the records review, site reconnaissance, interviews, local governmental official contacts, and prepared the report of the findings of the environmental impact assessment. Mr. Patterson reviewed the final assessment report. This report was: Prepared by: Robert J. Bllp6erman Environmental Scientist 2850-001 Stewart Environmental Consultants, Inc. Under the direction of: Richard G. Patterson, PE Vice President Environmental Impact Report Middle Creek Village Vail, Colorado Page 14 of 14 • Stewart Environmental Consultants, Inc. 0 Figure SOURCES: VAIL VVEST. COLO- INWF4 MI NTURN IS' QUADRANGLE 39106 -F4 -TF -024 1970 Pholuievised 1987 DMA 4763 III NVV- Series VB77 VAIL EAST, COLO. NVW4 WINTURN 15' QUADRANGLE 391O6-1`3.TF-024 1970 Pholorevisecl 1987 DMA 4763 111 NE - Series VBT7 N w E c 1/2 1 MILE S SCALE 1:24,000 CONTOUR INTERVAL 10 FEET TS; Pi STEWART ENVIRONMENTAL mc,Ecr tAJIMER 2850 -001 PROJECT Modle Creek Village FIGURE 1 ONSULTANTS, INC. Vail, Colorado LOCATION MAP DATE _,.10W (:On5ulting Engineers and Scientists August 2001 0 0 STEWART ENVIRONMENTAL "' PR6..LT nIiMBE'R 2a5a-oo� � RRf1JEGT middle Creek v a e FIGURE 2 n�TE August 2001 3, x CONSULTANTS, INC. Vail, Colorado AERIAL PHOTOConsufling Engineers and Sdentists 7 c M m w F—* z I 1 0 Stewart Environmental Consultants, Inc. 0 Appendix A Conservation Status landbook, 1999 Eagle County, Colorado p. 147 _ 149 County; Eagle Amphibians Scientific Name Bojo borers pop I Birds Scientific Name Acciptter,gentilis Aegohwfunrrrns Autpinspim W, Ii Burrpltaln islandica Cypsefoldes nigdr Falco ptregrinus analum Grus conadensis tabidd Fists Scientific Name Giza robusr4 Oncorkynchus clads pleurih= Mammals Scientific Name Gado gula Lynn caradensui Plecotus townsendii pallescens Musseis and Snails Scientific Name Lymnaca sfgnahs Plant Communities Scientific Name ARIES L4SiOCARFA-P(CiEA ENGFLA•1ANNlt/AlNUS INCANA ABIES LASIO4ARPA-PIC ENCEL+4ANNII/MERTENSIA CILIATA ABIES L4SIOCARPA-PICEA ENGELLIANNII/SALIX ORUMMONDiANA ALNUS INCANA-CORNUS SERICZA 0 Common Name boreal toad (Southern Rocky Mountain population) Comman Name Northern Goshawk Boreal Owl Sage Sparrow Barraw's Goldem,e Black 5witt American Peregrine Falcon Greater Sandhill Crane Common Name roundtaiI chub Colorado River cutthroat trout Common Name wolverine lynx Townsend's big -eared bat subsp. Common Name swampy lymnaea Common Name Montane Riparian Forests Montane Riparians Forests Montane Riparian Forest Z7tit-leaf Alder•Red-oiser Dogwood Riparian Shrubland ALNUS INCAN,9/MESICFORB Thinleaf Alder/Mesio Farb Riparian Shrubland BETULA OCCIDENTALISIMESIC FORS Foothills Riparian Shrubland CARDAMINE Alpine Wetlands CORDIFOLlA-MERTEN'SIA CAREXAQUATILIS Montane Wet Meadows 0 CNHPStatus and Ranking Tracking Global State Status !Tank Rank Y G4T1Q 51 CNHP Status and Ranking Tracking Global State Status hank Rank W CS S3B. p G5 S2 P G5 S3B, Y G5 SZB, Y Gl S3B Y G4i3 53B, Y G5714 528, CNHP Status and ]tanking Tracking Global State Status bank Rank. Y GZG3 52 Y C4T3 53 CNHP Status and Ranking Tracking Global State Status Rank !tank Y G4 S1 Y GS 51 Y G4T4 S2 CNHP Status and Ranking Tracking Global State Status Rank Rank Y GS 52 CNH.' Status and Ranking Tracking Gimbal State Status Rank Rank Y GS S5 Y G5 55 Y G5 S4 Y G3Ga Y G3+G4Q 93 Y C3 52. Y G4 S4 Y G5 S4 Regulatory Status Agency Federal State Sensitive Status Status FS C E Regulatory Status Agency Federal state Sensitive Status Status FS/BL FS BLM State 5C FS ELM Sc FS/EL LE E FS T Regulatory Status Agency Federal State Sensitive Status Status ELM Sc FS/EL Sc Regulatory Status Agency Federal State Sensitive Status Status PS E FS E BLM Regulatory Status Agency Federal State Sensitive Status Status Regulatory status Agency Federal State Sensitive Status Status 147 .0 . 0 CAREX SCOPULORUM-GALTHA Alpine Wetlands Y G4 S4 LEPTOSEPALA CAREX L17RICULATA, Beaked Sedge Montane Wet Meadows Y G5 S4 CORNUS SERICEA Fovhthills Riparian Shrubland Y G4 53 DANT-fONIA INTERMEDIA Montane Grasslands Y GU 5354 DESCHAMPSIA Mesio Alpine Meadows Y Gt1 SU CE SPI70SA-UGLISTI cUM ELEOCHARIS QUINQUEFLORA Alpine Wetlands Y G4 S.3S4 JUNIPERUS Xeric Western Slope pinyon-juniper Y G5 SU OSTEOSPERMA/'ARTEMUSIA Woodlands JUNIPERUS SCOPULORUM/CORNUS Riparian Woodland Y G4 52 SERICEA PICEA PUNGENSJALNUS INCANA Montane Riparian Forests Y G3 S3 PINUS EDULIS-JUNIPER LIS Xeric Western Slope Pinyon-juniper Y GU SU OSTEOSPERMAISTIPA COadATA Woodlands POPULUS ANGUSTIFOLIA-JUNIPERUS htortutne Riparian Forest Y G2G3 S2 SCOPULORUM POPULUS ANGUSTWOLIA-PICEA Montane Riparian Forests Y G4 54 PUNGENS/ALNUS INCANA POPULUS ANGUSTIFOWA/ALNUS Montane Riparian Forest Y G3? 53 INCANA POPULUS ANGUSTIFOL A1C0RNU5 Cottonwood Riparian Forest Y G4 53 SERICEA POPULUS ANCUS77FOUAISALIX Narrowleaf Cottonwood Riparian Forests Y G1 51 ERIOCEPHALA 'VAR. LIG ULIFOLIA•S WEPHERDIA POPULUS TREMULOIDES/ACER Montane Riparian Forests Y G2 S2S2 GLABRUM QUERCUS GAMBELII-AMELANCHIER Mixed Mountain Shrubland Y G3G5 SU UTAHENSIS 5AUX Lower Montane Willow Carrs Y G3 S3 D R UMM ONDIANAXA LAMAGR OSTIS CANADENS15 SALIX DRUMMONDIANA/MESIC FORB Drummonds Willow/Mesio Forb Y G4 S4 SALIX EXUGUAIIIARE GROUND Coyote Willow/Bare Ground Y C5 S5 SAi?XMON77COLAICALAWGROSTIS Montane Willow Cart Y G3 53 CANADENSIS SALIXMONTICOLAICAREX Montane Riparian Willow Carr Y G3 S3 UTRICULATA SALIX MONTICOLA/MESIC FORS Montane Riparian Willow Cott Y G3 S3 SALIX PLANIFOLL'VCALAMAGROSTIS Subalpine Riparian Willow Carr Y G3 S3 CANADENSIS SALIX PLANIFOLIA{CALTRA Subalpine Riparian Willow Carr Y G4 S4 LEPTOSEPAL.A SALIX KOLFII/CAREX UTRICULATA Subalpine Riparian Willow Carr Y G4 S3 SHEPHERDIA ARGENTEA Foothills Riparian Shrubland Y G3G4 Si Plants CNHP Status and Ranking Regulatory Status Scientific Name Common Name Tracking Global State Agency 'Federal State Status Rank Ranh Sensitive Status Status B®tr*Ium lunaria Common Moonwort Y G5 S2S3 Cypr*dium fasdculatunt Purple Lady's-Slipper Y G4 53 FS Droun rrc:ifrucle Mountain Whitlow-Grass Y G3? S2 Erlaphorum attaicum varneogacunl Altai Cottongrass Y G4T7 S3 FS Gyrnmorarpiumdryapreris OakFem Y GS S2S3 Limnardus ensefalla Canyon Bag-Orchid Y G4=? S3 Ustera boarfis Northern Tway blade Y G4 52 BCM 148 144 Lycopodium apmolmum wpurigms Stiff ClubmO.55 y G5TFj su Lycopodi u pit du bm m Stiff CJ ubmoss y C -3-1-u Su Peruteman cyafhoolarus Middle Park Penstemon w G3G4 5354 Penstcuicid hamn9lond Harrington Beardtongue y G3 53 F5/8L Pialm!irera sparmylo ra var oi sifolia Canyon BOB -Orchid y G4G5T3? 53 144 TOWN OF VA 75 South Frontage Road West Vail, Colorado 81657 vailgov.com MEMORANDUM To: Town of Vail Planning & Environmental Commission From: Residences at Main Vail Development Team Date: April 26, 2021 Housing Department 970.479.2150 Re: Written Response to Planning & Environmental Commission Questions — April 12, 2021 I. Purpose The purpose of this memorandum is to provide a written response to the questions raised by the members of the Planning & Environmental Commission during the conceptual review of the proposed Residences at Main Vail presentation on April 12, 2021. II. Questions/Comments -Is one elevator, plus two stair wells adequate to serve the vertical circulation needs of the residents? Yes, the proposed vertical circulation is adequate to meet the vertical circulation needs of the building residents. The proposed building floor plans have been designed to meet the requirements adopted for resident ingress and egress. Two stair towers are provided within the design, one of the east end and one on the west end, to accommodate vertical circulation within the building. Central stair at building entry rises up to the second level, to corridor and storage. The development team has reached out to an elevator design contractor to begin the process of specifying the operational needs and requirements of the elevator based upon the allowed maximum occupancy of the new building. Standard apartment design, one elevator for up to 90 units. Elevator cab will be designed to comfortably hold 4-5 people -Does the open air, tuck under parking require added mechanical ventilation? An initial review of the proposed plan and adopted building codes of the Town of Vail indicates that added mechanical ventilation of the open air, tuck under parking is not required. A reputable building code consulting team has been brought on board to advise and consult on all matters relating to the building code. A life -safety report will be prepared and submitted for review with the application for a building permit. If required, all systems will be designed, constructed, and operated in full compliance with the adopted codes of the Town of Vail. -Provide a detailed analysis, including data on utilization and a management plan on the proposed Mobility Plan. Get specific and cite to other examples of success. A minimum of one space per dwelling unit seems more appropriate. Parking design has been increased by creating tandem parking at the podium. Between podium and surface the new parking count is 79 spaces. MOC : A parking management plan will still be important to successfully monitor the design. -The scale and massing of the building require additional discussion. How can mass be further scaled and broken up? What are the options for lowering the east end on the building to create a step down? MEF - The building is continuing to be studied for massing. The center stair has been deleted from 2nd level up. This will allow the building to have a recess in the center element of 20'. East and West ends to step down with the rise / drop of the stair. Bringing down the spring point to 6' below the standard roof point. - Is 2 bed / 1 bath a livable unit? MEF - This program was what we were proposing for VR at Booth Heights when designing East Vail. Vail Resorts had successfully housed many of their work force in these configurations. Equal accommodations for 4 people per unit. -The variance request seems reasonable. Please provide a square footage and area analysis of building footprint in areas of 40% slope or greater. The total area of the building footprint with areas of slopes equal to or greater than 40% is ?? square feet. -Are North Frontage Road improvements required to accommodate the vehicle trips generated by the 72 dwelling units? The development team has reached out to the consulting traffic engineer. Based upon discussions with the Town Engineer and the representatives from the Colorado Department of Transportation, no new improvements are required to be constructed to accommodate the vehicle trips generated by the 72 new homes proposed on the site. -Illustrate the location and area of CDOT ROW. Shows improvements to be located in ROW, including landscaping. Please refer to site plan sheet of the proposed approved development plan. Town of Vail Page 2 -Please provide a written response to the letter received from Middle Creek at Vail Apartments regarding parking count and utilization. -Accurately depict the proposed landscape berm along the south edge of the site on all plan documents. The goal is to visually screen the view to the surface parking. A four -foot tall (maximum) landscape berm is proposed to be added along the southerly edge of the surface parking area. When planted with trees and shrubs, the berm is intended to provide additional visual screening of the surface parking area from view from the Main Vail Roundabout and North Frontage Road. Given the difference in elevation from the North Frontage Road and Main Vail Roundabout to the surface parking area, a four -foot tall berm is adequate in height to screen the area from view. -Please provide an analysis on proposed snow storage areas and where said areas will be located. The Vail Town Code requires areas of snow storage equal to 30% of the driveway and surface parking areas. Areas for snow storage equal to (359) sq. ft., or (359) are proposed. In addition, similar to other surface parking areas in Town (public parking structures, West Vail Mall, private residences, etc.), occasional winter snow removal will be required on an as needed basis to ensure adequate vehicle traffic flow and the required number of vehicle parking spaces are maintained. Provisions exist within the adopted Town Code for temporary reductions in parking area to accommodate seasonal snowfall and accumulation. Please refer to Snow Stack diagram of the proposed approved development plan for areas designated for snow storage. -There was no public comment -Please share the design team's responses to the comments and input provided by the Design Review Board. The development team presented the conceptual design plan to the Town of Vail Design Review Board on April 7. Similar to the presentation to the Planning & Environmental Commission, the purpose of the presentation was to provide an initial high-level overview of the proposed development and the associated design applications. The following summarizes the comments and input shared by the Design Review Board members: • One, large scale building mass may not be appropriate for the site. Has the development team explored the option to step the building mass up the site, similar in nature to the Middle Creek at Vail development? • The linear east/west building mass may not be compatible with the location of the site and adjacency to other structures in the area. • Both the east and west end building elevations require additional architectural detail and massing. Attempts should be made to lower to the apparent height of the two ends of the building allowing them to step down on the ends. • What options exist to break up the building on the site and/or stretch the building apart? Town of Vail Page 2 • The outdoor decks on the south elevation are positive. The decks add layers and texture to the long building fagade. What options exist to add similar architectural detail to the north elevation facing the hillside? • Cost effective design doesn't create good aesthetics. Good aesthetics are needed at this Main Vail entrance location. -Contrast and compare the proposed mobility plan to existing conditions at First Chair, Middle Creek, and Lionridge Apartments. Triumph Town of Vail Page 2 City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: April 26, 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: April 26, 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 PEC20-0032 Staff Memorandum 4-26.pdf [Attachment Al Ordinance No. XX Series of 2021 Siqn Code Update.pdf [Attachment Bl Ski Base Areas - 20201030 v3.pdf [Attachment Cl Vail Siqn Code Detailed List of Changes.pdf Description PEC20-0032 Staff Memorandum [Attachment A] Draft Ordinance [Attachment B] Ski Base Overlay [Attachment C] Detailed List of Changes 01.' rnwN of vain Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 26, 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 changes made to the proposed sign code draft since the last Planning and Environmental Commission meeting and to request a recommendation of approval to the Vail Town Council. Based upon staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission (PEC) forward a recommendation of approval to the Vail Town Council, subject to the findings in Section IX of this memorandum. II. PREVIOUS MEETINGS 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. 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. Staff returned to the PEC on April 12th, 2021, with changes that addressed these concerns. At this meeting staff also discussed, in detail, proposed changes to the sign code that would have an effect on signage allowances. Through this meeting, the PEC recommended a number of additional changes which included: • Reducing the maximum area allowed for any construction sign to 8 square feet • Allowing one (1) construction sign at each approved construction site entrance o Staff has amended the construction sign section to reflect both of these requests • Setting a timeframe during the day for the display of additional temporary signs and open house signs o Staff has set a timeframe of 8 am to 8 pm as the allowed display period for these signs. On April 21 st, 2021, Staff met with the Design Review Board to discuss the proposed sign code as well. While the DRB does not have a reviewing role in code amendments, the extent of changes to the sign code and their role in enforcing the code warranted their feedback on the proposed changes. The DRB expressed some concern over the inability to regulate signage content but understood the inability to do so following Reed v. Town of Gilbert. The DRB requested no substantial changes to the proposed sign code, but did request that their ability to regulate texture and extent of lettering or design projections be made clear. Staff has made a small edit to the Design Guidelines stating that these qualities are subject to design review. III. 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 Town of Vail Page 2 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. 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. IV. 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. V. 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 of Vail Page 3 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 by the Town Code; and a recommendation of approval, approval with modifications, or denial. VI. 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.- Town urposes:Town of Vail Page 4 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 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. Factors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental Town of Vail Page 5 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 napplicable,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.- (1) mendment: (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. VII. 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 Town of Vail Page 6 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. 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. Town of Vail Page 7 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. VIII. ENVIRONMENTAL IMPACTS The proposed prescribed regulation amendment does not have any identifiable environmental impacts. IX. STAFF RECOMMENDATION 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 VII 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 Town of Vail Page 8 regulation amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon a review of Section Vll of the April 26, 2021 staff memorandum tc 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. " X. ATTACHMENTS A. Draft Ordinance 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, but shall be subject to design review. 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 eight (8) square feet. 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") Open House Signs may only be displayed between eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M. on a daily basis. 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 sign falling under this provision shall be displayed for more than fourteen (14) days per year. Additional Temporary Signage may only be displayed between eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M. on a daily basis. 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 but not innl--rlinn sines AEA, SIGN (�C� D 11�)•It-arie nnnrdinn to type haptei-�Businesf-; And of sign, ee R��iilva�-ldirnig idenL-FFIva. neni SSigns",FitFthm.tt+tic. AREA, 7\• SIGN V-arie to type ofsign-See And (81) -fti.i.orrlinn Ghapte%Bueinel7o; t#ie-t+tie. ;g;dentmfin:at+e, gas,,, 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 nertalc iv„n,erliate L, 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 nertalc iv„n,erliate L, adjanent to a ski lift or tow For the purpose of regulating ski base signs, any area within Vail's Ski base sign district. WAINIMMAMMOWNPF 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. 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, plaGe ent, and style of the . roje,.+;,,ns shall be subject 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 nr�hihi�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. W-1 OW.0 111 r W SPIN 111 11111o� wmm--i� 1,61i 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, plaGe ent, and style of the . roje,.+;,,ns shall be subject 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 nr�hihi�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 Zione di Strip+c the aFea of any nenstruration cion Shall no+ evneed eight (8) Square feet In all other ",ne dictrintc' The area of any construction sign shall not exceed twenty 0) eight (8) square feet. with -a hori70ntel d-mmencion no praetor th-an ten feet (IQ'). 2B. Height: The top of a construction sign shall be no higher than eight feet (8') from above grade. 3C. Number: One (1) sign per approved construction site entrance. 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 ■ 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 Theatersigns 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 wallsigns. 1. Type. 2. Quantity; There sh-all be -a of one sign upon the adveFtised nne rlirentinn:aI sign off site. area of any single sign shall net a*seed ene and 4 /area• The maximum D. T[1 GQ. 1 I IG IIIGI7CIIIIG1111 area D1 R11 single .71 11 .711R square fee* property and ene-halfT1�l�} 4. Height, The height of the sign shall not exa-eed- five feet 1 ) from the grade 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 :at thp- 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 *he 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 i 4C. Area: The area of any single on si xAhia,,12r dmrnn4i^n21 open house sign shall not exceed three (3) square feet. 5-D. Height: -The height of any single on open he conn .,r "nhin„I,r dmr^ open house sign shall not exceed f"•^ 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'). -hOnsite open he cid •inhia-Lar direational ^Open house signs may only be displayed between eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M. on a daily basis. 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 rlaetermmnerl 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 Aream The area of promotional event posters shall not exap-ad 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;In 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. 1 ■ - I'J�i'SSt�s�. - f7.:L111�:�I'�-T.T.7\R11T�::1TTti[�S►7�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 sign falling under this provision shall be displayed for more than fourteen (14) days per year. Additional Temporary signage may only be displayed between eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M. on a daily basis. 11-9-1: Exempt Signs 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 rleterinrater! Ruch that they are no longer attrantive• f H. The insGription of names (or dates) of buildings, when Atr-hAd mntn m2qnn on any business orn premises,and in with ter f Busmna-R-R AndSigns", of this title. IE-ar--h letter of an insGription may not- exr--eedMmahAsn ) in height and the total englFavAd 2rA2 m Y A9t GGGU y meFe than thFee (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. � L. -R-US I n es s-0jzeratFe�svl{�„ sr, 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: April 26, 2021 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 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. This application has been withdrawn by the applicant. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: April 26, 2021 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for an amendment 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. This application has been withdrawn by the applicant. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: April 12, 2021 PEC Results ATTACHMENTS: File Name Description Pec results 041221.pdf April 12, 2021 PEC Results TOWN OF VA10 PLANNING AND ENVIRONMENTAL COMMISSION 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/webinar/register/WN_9dcxgkngSgiH- zHe8UXIEg 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 Philips, Pete Seibert and Henry Pratt Absent: None Main Agenda 2.1. 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) 60 min. Applicant: Vail Mountain School Planner: Jonathan Spence Motion: Continue to a date uncertain with an update from staff in six months. First: Gillette Second: Perez Vote: 6-0-1 (Pratt Abstained) 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 851h 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. Imperi 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. Imperi 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. Imperi 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. 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 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) 15 min. Applicant: Town of Vail, represented by Todd Oppenheimer Planner: Jonathan Spence Motion: Approve First: Kjesbo Second: Gillette Vote: 7-0-0 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. 2.3. 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) 2 min. 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 Motion: Table to April 26, 2021 First: Gillette Second: Perez Vote: 7-0-0 2.4. 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) 20 min. Applicant: 1637 Buffehr LLC, represented by Mauriello Planning Group Planner: Erik Gates Motion: Approve with a Condition First: Kjesbo Second: Gillette Vote: 7-0-0 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 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. 2.5. 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) 45 min. Applicant: Town of Vail, represented by Triumph Development Planner: Greg Roy Motion: Continue to April 26, 2021 First: Gillette Second: Perez Vote: 7-0-0 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. In 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 EIR 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. 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) 45 min. Applicant: Town of Vail, represented by Triumph Development Planner: Greg Roy Motion: Continue to April 26, 2021 First: Gillette Second: Perez Vote: 7-0-0 See minutes from item 2.5. 2.7. 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) 60 min. 3 Applicant: Town of Vail Planner: Erik Gates Motion: Continue to April 26, 2021 First: Kjesbo Second: Gillette Vote: 7-0-0 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. Approval of Minutes 3.1. March 22, 2021 PEC Results Motion: Approve First: Gillette Second: Seibert Vote: 6-0-1 (Philips recused) 4. Adjournment Motion: Adjourn First: Gillette Second: Seibert Vote: 7-0-0 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 Published in the Vail Daily April 9, 2021 Ad #: 0000679966-01 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 4/23/2021 and that the last publication of said notice was dated 4/23/2021 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 W6UC STATE , Ou—nacs PLANNING AND ENVIRONMENTAL COMMISSION April 26, 2021, 1:00 PM Virtual 75 S. Frontage Road - Vail, Colombo, 61657 Call to Omer 1.1. Register in advance for this webinar: Mtps://usU2 eb,,00m.us/webinar/register/WN_OJybkNzgO2eMGMYxH6FE0g After registering, you will receive a confirmation amara containing information about joining the webinar. 1.2. Attendance Main Agenda 2.1. A Report to the Planning and Environmental Commission of an administrative action regarding a mpr inamend,,M to Special Development District (SDD) No. 6, Village Inn Plaza, pursuant to Section 12-9A-10, Amendment Prodedual Vail Town Cotle, to allow for modifications to the approved development plan and to Increase site coverage, add commemlal floor area and expand the plaza area, located at 68 East Meadow Drive, Unit 602 /Lot O, Black 5D, Vail Village Fil10 an. ing 1, and setting font details in regard thereto. Appliccant: oi VVIP Commercial LLC, represented by Maunello Planning Group Pl.... ua: Greg Ray Vail 22. Are request for a review of a variance from Section 14-6-7, Retaining Wells, Town Code, to allow for a retaining wall in excess of six (6) feet in height and a Cauthorn Trust, represented by Fieldscape 2.3. A request far the review of a Development Plan, pursuant to Section 12-61- 11 Development PlanRequired, Vail Town Code, fora new housing developman t0 be IOcatetl at 129 North Frontage Road WesVL013, Midtlle Creek Subdivisi Resub Lot 1, and setting forth details in regard thereto. (PEC21-0015) 60 min Applicant: Town of Vail, represented by Triumph Development Planner: Greg Roy 2.4. Arco far the review of a variance from Section 12-21-10 Development Restricted, Vail Town Code, in accordance with the provisions of Section 12-1, Vassal Vail Town Code, to allow for development in the Housing Zoning District on a slope of forty percent 40 ) orre greater, located at 129 North Frontage Road WesVLot 3, Middle reek Subtlivision Result, Wt 1, and pal fortdetails in regard thereto. (PEC21-0010) This item will be heard with PEC21-0015. Applitl Town of Vol, represented by Triumph Development Planner. Grog Rny 2.5. Arequest far a, nornendation to the Vail Town Council for a Prescribed Planner: Erik Gates 26. A request for recoannuad tiontothe Vail Town Council for a zone district bound -amendment, pursuant to Section 12-3-7, Amendment, Vail Town Cotle, to allow for the rezoning of approximately 2.19 acres from the Agriculture and Open Space (AOS) zoning to Housing (H), located at 1 a9 South Frontage Road West and setting forth details in regard thereto. (PEC21-0009) The legal description of the parcel can be found as an ata -ent to the ayentla Item. This application has been eviCndream by the applicant. Applicant Vail Hotel Partners I I C I auras Corporation, represented by Mauriello Planning Group Planner: Jonathan Spence 2.7. A request far a recommendation to the Vail Town Council for an amendment to. the Val1 Land Use Plan, pursuant t0 Section 8-3, Amendment Process, - 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 Woot, and aching forth dctaiL^ in regard therato. (PEC21-00010) The legal tlescription of the parcel can be found as an attachment to the agenda item. This application has been rd—dawn by the applicant. Applicant: Vail Hotel Partners LLC Laurus Corporation, represented by Meuriello Planning Group Planner: Jonathan Spence 3. Approval of Minutes 3.1. April 12, 2021 PEC Results 4. Adjournment The applications and intormahon about the proposals are available for public inspection during regular of- fice 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. Tmes antl order of items are nppraximnte, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will con- sider an item. Please call is 70) 479-2136 for additional information. Please call 711 for sign language hint¢n proration 48 our prior to meeting thal Community Development Depahment Published in the Vail Daily April 23, 2021. 0000679966 Ad #: 0000676525-01 THIS ITEM MAY AFFECT YOUR PROPERTY Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM PUBLIC NOTICE NOTICE IS HEREBY GIVEN that me Planning and Your account number is: 1023233 Environmental Commission of the Town of Vail will hold hearing in in, Apublic.dan.awa..fon12- 3-6, Vall Town Code, on April 26, 2021 at 1:00 PROOF OF PUBLICATION Pm In me Town of Vail Municipal Building. Register in advance for tis Inn- h't s://us02web.zoom.us/webinarlre istetANN OJ VAIL DAILY ybk_� ze - _s _gig Afiar reegistering, you will dec a confirmation eab.m STATE OF COLORADO mail naming d—afia, joining the webinar. COUNTY OF EAGLE A Hepo ro n,e Planning and EnNronmen'al C.m- of a aammisvauva a regarding a —and... to special Devebpment Din.M. I, Mark Wurzer, do solemnly swear that I am Publisher of (SDD) No. 6, VIIIAga Inn Plaza, pursuant to Section 12-9A-1D. Ann Mm t Pmedurae, Vail Town the VAIL DAILY, that the same daily newspaper printed, in M,- C de, w allow for modif,Mons to the approved de- ,a., an end eparMeMe ple a a aaa whole or in art and published of Eagle, p p y g 100aarea wateara;68FaetMeadowDrive, Unit 602Ant 0, Stool, 5D, Vail Village Filing 1, and setting tont de- State of Colorado, and has a general circulation therein; tails m reg.rol mere'.. (PEC21-0011) Applkant VVIP C.dud. ial LLC, represented by that said newspaper has been published continuously and Mandeb Planning Group Planner: Greg Roy uninterruptedly in said County of Eagle for a period of Mine ear6 ala ions the pn Moce more than fifty-two consecutive weeks next prior to the br publk Inspeaont Murs at Me town of van community Development Department, 75 South Fron age Road. The public first publication of the annexed legal notice or . itaa'o-anend she visits. Please call 970179- 21'W.rYisitwww.vaggov.gwNolanningfmaddifion- advertisement and that said newspaper has published the al Irdormatlon. requested legal notice and advertisement as requested. sign languaga inla,pad b.n available upon re queet wim 24hour nofification, diet 711. Published April 9. 2021 in the Vail Daily. 0000G]6525 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 t0 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 EW MEDia NOTARY W6LIC STALE OF COLORADO