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HomeMy WebLinkAbout2021-08-17 Agenda and Supporting Documentation Town Council Evening Meeting Agenda VAIL TO W N C O U N C IL R E G U L AR ME E TIN G Evening Agenda Town Council C hambers and Virtual on Zoom 6:00 P M, August 17, 2021 Meeting to be held in C ouncil Chambers and Virtually on Zoom (access H igh Five Access Media livestream day of the meeting) Notes: Times of items are approximate, subject to c hange, and cannot be relied upon to determine what time C ounc il will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community conc ern, and any items that are not on the agenda. Please attempt to keep c omments to three minutes; time limits established are to provide efficienc y in the c onduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1.Virtual Meeting with Japan Officials 1.1.Virtual Meeting with J apan Officials (Global Friendship Exchange Program) Governor Shuichi Abe, Nagano Prefecture, J apan Consul General Midori Takeuchi and Mayor Yoshitaka Takefushi, and Yamanouchi-machi officials 30 min. Presenter(s): Dave Chapin, Mayor, Scott Robson, Town Manager, Patty Mc Kenny, Assistant Town Manager, Mia Vlaar, Economic Development Director, Souichi Nakamura, representing J apan with the Global Friendship Exchange Program Action Requested of Council: I nformational only. Background: The virtual meeting offers a restart to the Global Friendship Exchange Program and the Town of Vail's relationship with Yamanouchi- machi J apan. Several topics will be presented addressing education student exchange, the public health crisis, and the town's efforts towards environmental and tourism sustainability, Destination Stewardship Plan. 2.Citizen Participation (10 min.) 2.1.Citizen Participation 3.Any action as a result of executive session 4.Appointments for Boards and Commissions 4.1.Art in Public Places (A I P P) Board Appointment 5 min. Presenter(s): Dave Chapin, Mayor Action Requested of Council: Motion to appoint one person to the A I P P Board for a partial term ending March 31, 2022. August 17, 2021 - Page 1 of 286 5.Consent Agenda (5 min.) 5.1.J uly 6 2021 Town Council Meeting Minutes 5.2.J uly 20 2021 Town Council Meeting Minutes 5.3.Letter of Support for Vail Health’s proposed Edwards Northstar Center P UD Amendment application Background: On J uly 6, the Vail Town Council was provided an update from Chris Lindley and Craig Cohn on Vail Health’s proposed Edwards Northstar Center P UD Amendment application. Council was requested to send a letter supporting the application to the Eagle County Commissioners. Staff Recommendation: Approve, approve with amendments or deny the letter of support. 5.4.Resolution No. 35, Series of 2021, a resolution adopting the Colorado Communities for Climate Action Policy Statement for 2021-2022 and setting forth details in regard thereto. Background: The Town of Vail is an active member of the Colorado Communities for Climate Action, advocating for state and federal policy for climate solutions. All member communities adopt the policy statement each year. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 35, Series of 2021. 5.5.Resolution No. 38, Series of 2021, A Resolution Approving a Professional Services Agreement Between the Town of Vail and Triumph Development W est L L C Background: The Town of Vail and Triumph Development wish to enter into a Professional Services Agreement (the “P S A”) concerning certain work to be performed by Triumph Development relating to the project known as Residences at Main Vail. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 38, Series of 2021 6.Town Manager Report (10 min.) 6.1.Bicycle/Pedestrian Safety Update 6.2.Update on Residence Main Vail Project Schedule (for work done August 16 and November 2, 2021) 6.3.Update on meeting with U.S. Senator Michael Bennet 7.Action Items 7.1.Resolution No. 36, Series 2021, A Resolution of the Vail Town Council submitting a ballot issue to the registered electors of the Town at the Town's Regular Election on November 2, 2021 20 min Presenter(s): Scott Robson, Town Manager, David Flaherty, Magellan Strategies and David Cunningham, Summit I nformation Services Action Requested of Council: Review resolution outlining ballot question and August 17, 2021 - Page 2 of 286 make determination about submitting the question to the Vail voters in the upcoming November 2 election. Background: Town Council will consider the resolution addressing a ballot question for increasing the town's existing sales tax by .05% (from 4.0% to 4.5%), to take effect on J anuary 1, 2022; except that food for home consumption shall be exempt from such tax increase; with the revenues from such tax increase to be used to fund housing initiatives, housing developments and housing programs and related activities inside and outside the town. 7.2.Resolution No. 37, Series of 2021, A Resolution of the Vail Town Council submitting a ballot issue to the registered electors of the Town at the Town's Regular Election on November 2, 2021 20 min. Presenter(s): Scott Robson, Town Manager, David Flaherty, Magellan Strategies and David Cunningham, Summit I nformation Services Action Requested of Council: Review resolution outlining ballot question and make determination about submitting the question to the Vail voters in the upcoming November 2 election. Background: Town Council will consider the resolution addressing a ballot question for imposing a new tax, that would levy a new lodging tax of 1.6% of the total purchase price paid, charged or received for any hotel room, motel room, lodging room, lodging house room, motor hotel room, guest house room, guest ranch room, trailer coach, mobile home, auto camp, short-term rental, or other similar temporary accommodation of less than 30 consecutive days within the town, with the revenues from such tax increase to be used to fund housing initiatives, housing developments and housing programs and related activities inside and outside the town. 8.Public Hearings 8.1.Ordinance No. 16, Series of 2021 - An Ordinance Approving Amendments to Special Development District No. 43, Highline Double Tree 30 min. Presenter(s): Greg Roy, Planner Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 16, Series of 2021, upon first reading. Background: The P E C heard an application for a minor subdivision on the Highline Double Tree property on March 8th of 2020 and approved the plat. That plat, however, was not recorded and an adjustment to the lot line was needed. For this reason, a subsequent minor subdivision application was received. At the J uly 26th P E C meeting the conditional use permit for the commercial spaces was approved as well as the latest minor subdivision application. The P E C also recommended approval of the S D D amendment with a vote of 4-2 (Perez and Pratt opposed). The opposed commissioners were concerned with the extended approval timeline. Staff Recommendation: Approve, approve with modifications, or deny Ordinance No. 16, Series of 2021, upon first reading. 8.2.Ordinance No. 17, Series of 2021 - An Ordinance Rezoning Vail Village Filing 1, Block 5, Lots 1-6 from High Density Multiple-Family (HD MF) to the Vail Village Townhouse (V V T) District 30 min. Presenter(s): Greg Roy, Planner Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 17, Series of 2021, upon first reading. Background: On August 21, 2012 the Vail Town council adopted Ordinance No. 2 Series of 2012 establishing the Vail Village Townhouse Zone District. August 17, 2021 - Page 3 of 286 The Vail Village Townhouse (V V T) District was adopted following numerous public hearings before the Planning and Environmental Commission and the Town Council. At first it was a private property owner initiated application and later, as a Community Development staff led effort. I n 2014 the Vail Rowhouses 7-13 and Texas Townhomes went through the rezoning process to change the zoning on their lots from HD MF to the V V T district. Staff Recommendation: Approve, approve with modifications, or deny Ordinance No. 17, Series of 2021, upon first reading. 9.Adjournment 9.1.Adjournment 8:40 pm (estimate) Meeting agendas and materials can be acc es s ed prior to meeting day on the Town of Vail webs ite www.vailgov.com. All town c ouncil meetings will be streamed live by High F ive Ac cess Media and available for public viewing as the meeting is happening. T he meeting videos are als o posted to High F ive Ac cess Media website the week following meeting day, www.highfivemedia.org. P leas e c all 970-479-2136 for additional information. S ign language interpretation is available upon reques t with 48 hour notification dial 711. August 17, 2021 - Page 4 of 286 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Virtual Meeting with J apan Officials (Global Friendship Exchange Program) Governor Shuichi Abe, Nagano P refecture, J apan Consul General Midori Takeuchi and Mayor Yoshitaka Takefushi, and Yamanouchi-machi officials P RE S E NT E R(S ): Dave Chapin, Mayor, Scott Robson, Town Manager, P atty Mc K enny, A ssistant Town Manager, Mia Vlaar, E conomic Development Director, Souichi Nakamura, representing J apan with the Global F riendship E xchange P rogram AC T IO N RE Q UE S T E D O F C O UNC I L: I nformational only. B AC K G RO UND: The virtual meeting offers a restart to the Global Friendship Exchange P rogram and the Town of Vail's relationship with Yamanouchi-machi J apan. S everal topics will be presented addressing education student exchange, the public health crisis, and the town's efforts towards environmental and tourism sustainability, Destination Stewardship Plan. AT TAC H ME N TS: Description P P Presentation Global Friendship Exchange Japan 081721 August 17, 2021 - Page 5 of 286 PRESENTATION TO Yamanouchi-machi & Nagano Japan Officials Virtual Meeting August 17, 2021 August 17, 2021 - Page 6 of 286 VAIL OFFICIALS August 17, 2021 - Page 7 of 286 MAYOR DAVE CHAPIN Vail, Colorado Governor Shuichi Abe Nagano Prefecture Japan Japan Consul General Midori Takeuchi Denver, Colorado Mayor Yoshitaka Takefushi Yamanouchi-machi Japan August 17, 2021 - Page 8 of 286 TOWN OF VAIL |YAMANOUCHI-MACHI •Yamanouchi-machi Officials Visit Vail in 2017 •Executed Global Friendship Exchange MOU and Agreements with Mayor Takefushi, Yamanouchi-machi and Governor Abe, Nagano Prefecture in 2017-2018 •Cultural and Educational Student Exchanges were held in Vail (August 2018) and Japan (April 2019) •Cultural Performance Programming at VMS with Taiko Summit Drumming Performance (September 2019) •Hosted Reception during Burton 2019 Event recognizing Japan’s participation August 17, 2021 - Page 9 of 286 PRESENTATION COVERING Educational Student Exchange Public Health Crisis (COVID 19) Destination Stewardship Plan GLOBAL FRIENDSHIP EXCHANGE August 17, 2021 - Page 10 of 286 STUDENT EXCHANGE |FALL 2021 •Propose Educational High School Student Exchange Program with local school or Walking Mountains Science School •Shared topics: environmental stewardship and sustainability efforts •Propose using virtual format for meetings in October; take a wait & see approach for 2022 but include in the budget •Engage dozen students from Vail and Yamanouchi Vail students travel to Japan 2019 August 17, 2021 - Page 11 of 286 COVID-19 PUBLIC HEALTH CRISIS OPERATIONAL RESPONSES Numerous Event Cancellations •Music festivals, community gatherings limited to 175 maximum •Town pivoted to provide outdoor events within guidelines Capacity Restrictions •Restaurants and retail restricted as low as 25% capacity, group and family gatherings restricted to fewer than 10 people •Town responded by providing expanded premises for restaurants, common consumption areas, outdoor seating Face Covering Mandates On Vail Mountain and in Town •Indoor and Outdoor mask mandates issued, rare in the US •Mask mandates on all busses still in effect in Vail via federal mandate Official Business Conducted Remotely •All town, county and state meetings successfully held remotely via Zoom August 17, 2021 - Page 12 of 286 COVID-19 PUBLIC HEALTH CRISIS ECONOMIC RESPONSES •2020 Budget -Reduced by 25% to reflect the national and global economic recession. 2021 budget has recovered and back to 2019 levels currently. •US Federal and State Funding -Provided to most communities in the US. The Town of Vail received about $2 million in support. •Business Support –Town of Vail provided a range of grants and tax-delays to local businesses to help avoid closures and retain jobs. •Community Support –Relief programs of approximately $1.5 million were initiated by the Town to support non-profit organizations and local resident's need for food, medical care and rental assistance for housing. •Policy Changes –Adopted by the elected Town Council to improve guest experiences and support the local economy during Covid-19 such as outdoor patios for dining on town property,outdoor music and social-distanced events. •Results –The Town's 2020 revenues were down only 5% from 2019. August 17, 2021 - Page 13 of 286 COVID-19 PUBLIC HEALTH CRISIS CURRENT STATUS •State of Colorado –Leads the decision-making for towns and County's across the State of Colorado. The Covid-19 Delta variant is on the rise, but hospitalizations remain low. 98% of current hospitalizations are of those who are un-vaccinated. •Eagle County Public Health –Our local public health agency continues to take a measured response to mandating masks and social distancing at this time due to our high Covid-19 vaccination rates (83%) and low hospitalizations. Monitor daily as changes could come soon. •Marketing Summer –Visitation to Vail has been at an all-time high this summer. Sales tax revenue records have been set March-July •Upcoming Winter –Opening for skiing is in 100 days but concern is growing about Delta-variant. Increasing discussions about potential vaccination mandates to ski or work within certain businesses and government offices across Colorado. August 17, 2021 - Page 14 of 286 SUSTAINABILITY |SUSTAINABLE DESTINATION Innovation Diversity Education Authenticity Leadership August 17, 2021 - Page 15 of 286 Definition The Destination Stewardship Plan (DSP) is defined in the current Mountain IDEAL standard as “an up-to-date multiyear destination stewardship strategy and action plan to guide planning, development and stewardship of tourism and recreation activities.” Process The DSP is “a process by which local communities, governmental agencies, NGOs, and the tourism industry take a multi-stakeholder approach to maintaining the cultural, environmental, economic, and aesthetic integrity of their country, region, or town.” DESTINATION STEWARDSHIP PLAN DEFINITION August 17, 2021 - Page 16 of 286 •Selection of a professional consultant to guide plan development •Steering Committee formation •Robust community engagement process •Tourism Sentiment Survey •Collaboration with Memorandum of Understanding (MOU)partners and key community organizations •Public Input Sessions DESTINATION STEWARDSHIP PLAN HIGHLIGHTS August 17, 2021 - Page 17 of 286 •Economic development that balances resource impact and economic prosperity •Quality of life for residents and guests •Environmental and ecological sustainability •Cultural heritage •World class recreation access and opportunity DESTINATION STEWARDSHIP PLAN OUTCOMES August 17, 2021 - Page 18 of 286 DESTINATION STEWARDSHIP PLAN PROJECT 2021 August-September •Identify DSP committee •Create initial inventory of plans to incorporate into the DSP •Develop and distribute Request for Proposal for professional guidance •Select consultant October -December •Finalize inventory of plans to incorporate into DSP •Launch Community Engagement Process:Tourism Sentiment Survey •Gather and systematize community input •Begin leadership visioning process for DSP 2022 January –June •Plan development begins •Validation meetings with key groups •Town Council & MOU Partners •Boards and Commissions •Stakeholder Groups •Resident Community July -December •Finalize Plan and secure town council confirmation August 17, 2021 - Page 19 of 286 EXCHANGE PROGRAMS 2022 OTHER PROPOSALS EDUCATION •Educational Student Exchange (Virtual format) CULTURAL •Taiko Drums Performance (September GRFA) •Exchange Program with focus on artistic and culinary sharing TOURISM •Town of Vail-Hosted Summit or Panel Discussions with Global Sustainable Tourism Council and other Peer Resorts and Global Friendship Exchange Communities to exchange information about topics including tourism promotion and destination stewardship planning and execution Public health orders/mandates will inform the kinds of programming planned August 17, 2021 - Page 20 of 286 August 17, 2021 - Page 21 of 286 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Citizen P articipation AT TAC H ME N TS: Description Citizen Participation August 17, 2021 - Page 22 of 286 For the best experience, open this PDF portfolio in Acrobat X or Adobe Reader X, or later. Get Adobe Reader Now! August 17, 2021 - Page 23 of 286 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: A rt in Public Places (A I P P ) Board Appointment P RE S E NT E R(S ): Dave Chapin, Mayor AC T IO N RE Q UE S T E D O F C O UNC I L: Motion to appoint one person to the A I P P B oard for a partial term ending March 31, 2022. August 17, 2021 - Page 24 of 286 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: J uly 6 2021 Town Council Meeting Minutes AT TAC H ME N TS: Description July 6 2021 Town Council Meeting Minutes August 17, 2021 - Page 25 of 286 Town Council Meeting Minutes of July 6, 2021 Page 1 Vail Town Council Meeting Minutes Tuesday, July 6, 2021 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Kim Langmaid, Mayor Pro Tem Jenn Bruno* appeared virtual Travis Coggin Kevin Foley Jen Mason Brian Stockmar Staff members present: Scott Robson, Town Manager Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation Ramsey Cotter thanked the town for its support of the Summervail Art Workshop legacy project. 2. Any action as a result of executive session There was none. 3. Consent Agenda 3.1. Resolution No. 28 Series of 2021 a Resolution of the Vail Town Council Approving a Highway Maintenance Agreement between the Town of Vail and the Colorado Department of Transportation Action Requested of Council: Approve, approve with amendments or deny Resolution No. 28, Series of 2021 Background: The Town of Vail and the Colorado Department of Transportation have had maintenance agreements in place since the late 1990’s. The agreement provides for the Town of Vail to be reimbursed for the snow removal and minor asphalt maintenance of the Frontage Roads which are the responsibility of the Colorado Department of Transportation. In the past, the agreements were executed every 5 years with a one-year option which CDOT was allowed to request. The current five-year term is set to expire. CDOT has now instituted one year maintenance agreements moving forward. The compensation for the one year is the same as the previous five years. The Town agreed to this arrangement for one more year due to the fact CDOT could have requested the optional year. August 17, 2021 - Page 26 of 286 Town Council Meeting Minutes of July 6, 2021 Page 2 Staff Recommendation: Approve, approve with amendments or deny Resolution No. 28, Series of 2021 Langmaid made a motion to approve Resolution No. 28, Series of 2021; Foley seconded the motion passed (7-0). 3.2. Resolution No. 29, Series of 2021 a Resolution Approving a Contract to Buy and Sell Residential Real Estate Action Requested of Council: Approve, approve with amendments or deny Resolution No. 29, Series 2021 Background: The Town wishes to purchase the Property pursuant to the terms of the Contract to Buy and Sell Real Estate. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 29, Series 2021 Coggin made a motion to approve Resolution No. 29, Series of 2021; Bruno seconded the motion passed (7-0). 3.3. Resolution 30, Series 2021, a Resolution of the Vail Town Council an Intergovernmental Agreement between the Town of Vail and the Colorado Department of Transportation for Funding Pursuant to the Coronavirus Response and Relief Supplemental Appropriations Act of 2021. Action Requested of Council: Approve, approve with amendments, deny Resolution 30, Series 2021. Background: This is a contract for Federal Transit reimbursement funds through Colorado Department of Transportation Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA). Staff Recommendation: Approve, approve with amendments, deny Resolution 30, Series 2021. Langmaid made a motion to approve Resolution No. 30, Series of 2021; Foley seconded the motion passed (7-0). 3.4. Resolution 31, Series 2021 a Resolution of the Vail Town Council Approving an Amendment to an Intergovernmental Agreement between the Town of Vail and the Colorado Department of Transportation Action Requested of Council: Approve, approve with amendments, or deny Resolution 31, Series 2021 Background: The Town and the Colorado Department of Transportation (“CDOT”) are parties to certain intergovernmental agreement for the design and construction of a berm on the North side of Interstate 70. The Town and CDOT wish to amend the IGA. August 17, 2021 - Page 27 of 286 Town Council Meeting Minutes of July 6, 2021 Page 3 Staff Recommendation: Approve, approve with amendments, or deny Resolution 31, Series 2021 Langmaid made a motion to approve Resolution No. 31, Series of 2021; Stockmar seconded the motion passed (7-0). 4. Town Manager Report Robson informed council that the 2021 staff budget retreat was taking place tomorrow; and the 4th of July was a successful holiday weekend with record sales for many businesses. Lastly, he thanked the fire and police departments for their assistance in deploying to area wildfires. 5. Presentations / Discussion 5.1. Residences at Main Vail Development Agreement Presenter(s): George Ruther, Housing Director Action Requested of Council: No action is requested at this time. Staff will return to the Vail Town Council on July 20, 2021 for a public hearing on the final development agreement. Background: A summary of the development deal structure and development agreement terms for the Residences at Main Vail will be presented to council. During negotiations with Triumph Development, a third development deal structure option was identified. This third option has been discussed with Triumph Development and accepted, subject to final terms of a development agreement. A summary of the development agreement terms is outlined in Section III of the staff memorandum. Staff Recommendation: Listen to the presentation and ask questions, if any, in advance of the review of a final development agreement on July 20, 2021. Ruther provided council with a summary of the development deal structure and development agreement terms: • Total Project Development Cost – $24.4M • Ownership of the Fee Title– Town of Vail • Ownership of the Improvements – Town of Vail • Financing – 100% Town of Vail Tax Exempt Bonds/COP’s • Financing Term – 30-year amortization • Interest Rate – 30 years @ 1.67% (estimated) • Developer Fee - 6% of total project development cost • Contract Administration – All subcontracts shall be executed by and between the Developer and subcontractors. • Property Management/Operating Agreement – 4% of gross rental income • Opportunity Payment- $3.5M • Performance bond to guarantee completion • Project Description - Completion of a 100% deed-restricted residential development consistent with the approved development plan and in full compliance with all Town of Vail adopted codes and regulations. • Project Schedule – Issuance of certificate of occupancy by November 2022. August 17, 2021 - Page 28 of 286 Town Council Meeting Minutes of July 6, 2021 Page 4 Ruther noted a series of next steps had been identified for immediate action. Immediate next steps included:  Final Design Review Board action on July 7, 2021  Prepare fee-based developer contract for review and acceptance on July 20, 2021  Finalize the project schedule and update the estimated total development project budget for review on July 20, 2021  Prepare bond financing documents and ordinance authorizing the issuance of the debt for approval on July 20, 2021  Sign on a general contractor and consulting team TBD  Begin construction documentation and permitting process and coordinate process with the Town ensuring an October 1, 2021 start date Council requested staff updates at every meeting due to the tight timeline that was presented. Public comment was called. John Rediker, Vail resident and Design Review Board member, expressed concern about the design of the Residences at Main Vail. He'd like to see the architect work harder on the design which would require more money to improve the design. Rediker noted the DRB vote tomorrow would be at best 2-2. Ruther stated approximately $329,000 of aesthetics had been added to the aesthetics of the building since the last DRB review. Public comment was closed. Council thanked Ruther and Halloran (Finance Director) for their hard work on the agreement and “crunching” the numbers. 5.2. Discussion of Short-Term Rental Policies Presenter(s): Scott Robson, Town Manager; George Ruther, Housing Director; and Kathleen Halloran. Finance Director Action Requested of Council: Listen to presentation and ask questions. Background: Ordinance No. 15, Series 2017 established licensing regulations on short term rental properties in Vail. Prior to adopting the ordinance, the town hired research consultants to help identify community issues and concerns, and provide analysis of similar regulations in peer resort areas. Multiple public meetings were hosted, and a large amount of public input was gathered and reported back to Council. Below is a quick recap of initial findings and peer resort comparison, along with recommendations from the consultants. Staff Recommendation: Provide feedback and direction to staff. Robson provided a brief introduction to the topic by stating all resort communities are regulating short term rentals and tonight’s discussion about what peers are doing and where Vail falls within those groups with fees, regulations, and enforcement. Halloran spoke with council the town’s current licensing process and ordinance. August 17, 2021 - Page 29 of 286 Town Council Meeting Minutes of July 6, 2021 Page 5  owners who short term rent their property to are required obtain an STR registration at an annual cost of $150.  For properties with an offsite professional property manager the fee is $10 per unit.  For properties with an onsite 24/7 manager, the fee is $5 per unit. Halloran reviewed the charts and studies that were included in their council packets: There were 2,163 approved STR registrations in Vail. Of those, 1,043 are STRs with no front desk and are not fractional units. About 12% of these are in outlying residential neighborhoods. Registration compliance is about 90%. Halloran noted STR’s could be impacting long-term rentals. Langmaid and Bruno suggested suspending new registrations for certain short-term rentals for a short period of time to better understand the impacts and how to address them. Council directed the town attorney to draft an ordinance for consideration at the July 20 meeting that would suspend new registrations for short-term rentals in residential zone districts for a short time. 6. Action Items 6.1. Ordinance No. 14, Series 2021, First reading, An Ordinance Authorizing the Transfer of Certain Property in the Town's Right-of-Way for West Forest Road in the Exchange for Alternate Property, and Approving the Associated Exchange Agreement, all to Accommodate Construction of Two Residences at 816 West Forest Road Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 14, Series 2021 upon first reading. Background: The Developer at 816 and 826 West Forest Road has requested a land swap between the Town of Vail's West Forest Road Right of Way and a portion of 816 and 826 West Forest Road property. The land swap would allow the developer to more easily access their property at 816 and 826 West Forest Road, an extremely steep lot with limited access opportunities. Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 14, Series 2021 upon first reading Mire provided council a quick review of the Ordinance No. 14, Series 2021 stating this was necessary because the town had to provide access to the parcel. Stockmar made a motion to approve Ordinance No. 14, Series of 2021; Coggin seconded the motion passed (7-0) 6.2. Village Loading and Delivery Pilot Project Update & Permission to Negotiate with 106 West Logistics Presenter(s): Commander Ryan Kenney, Vail Police Department Action Requested of Council: Listen to presentation and ask questions. Background: Loading and delivery continues to be an issue in Vail Village. The Town Manager's office has convened at Task Force to address a broad range of issues. Local contractor 106 August 17, 2021 - Page 30 of 286 Town Council Meeting Minutes of July 6, 2021 Page 6 West Logistics is uniquely qualified and has worked with our Vail Police Department to draft a pilot program that can be implemented this winter. Staff Recommendation: Authorize the Town Manager to negotiate with 106 West Logistics on a contract price to implement a six-month load and deliver project in Vail Village during the ski season of 2021/2022. Robson provided a quick introduction to the topic stating he had convened an internal task force to address a broad range of issues. Tonight, staff is seeking permission to negotiate with 106 West Logistics on a contract to implement a 6-month pilot program to be take place this winter with support from Vail Mountain. Kenney stated the pilot would involve complex logistical details and new technology to improve coordination by directing trucks to nearby loading docks and using other forms of transportation for "last mile" delivery. This would be the only ski town in North America to have such a program. Council thanked Commander Kenney and acknowledged the need to implement the pilot program. Coggin made a motion to authorize the Town Manager to negotiate with 106 West Logistics on a contract price to implement a six-month load and deliver project in Vail Village during the ski season of 2021/2022; Foley seconded the motion passed (6-0*Bruno absent at 7:05pm) 7. Public Hearings 7.1. Ordinance No. 13, Series 2021, Second Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Marketing Fund, Heavy Equipment Fund, Dispatch Services Fund, and Residences at Main Vail Fund. Presenter(s): Carlie Smith, Financial Services Manager Action Requested of Council: Approve or approve with amendments Ordinance No. 13, Series 2021 upon second reading. Background: Please see attached memo. Staff Recommendation: Approve or approve with amendments Ordinance No. 13, Series 2021 upon second reading. Smith reviewed the changes made to Ordinance No. 13, Series of 2021 since the first reading. General Fund: Staff proposed to increase budgeted sales tax collections by another $500,000, amending the 2021 sales tax budget by a total of $5.0M. Smith stated that the Vail Interfaith Chapel had requested a historical and cultural contribution of $21,150 for their new Pioneers of Vail program. Capital Projects Fund: Staff proposed to increase the construction use tax revenue budget by an additional $250,000, amending the 2021 use tax budget to $3.25M. Construction use tax collections. Additional increases to the Capital Fund included: August 17, 2021 - Page 31 of 286 Town Council Meeting Minutes of July 6, 2021 Page 7  increase expenditures by $250,000 for the remodel of the town’s Council Chambers. through June total $2.4M.  include $100,000 for design and surveying expenditures for new parking area in West Vail and/or the surface lot north of the Vail Resorts maintenance area.  $20,000 placeholder in the Capital Projects Fund for a memorial honoring Pepi Gramshammer  $1.5M transfer to the Residences at Main Vail Fund. Real Estate Transfer Tax Fund: Staff proposed to increase budgeted Real Estate Transfer Tax (RETT) collections by $1.0M, amending the 2021 budget to $8.0M. RETT collections through June 30th total $5.3M and are tracking 117.9% up from 2020 and 78.9% up from 2019. Smith noted an amended budget of $8.0M was a 23% decrease from actual 2020 RETT collections. Residences at Main Vail Fund: The operation, construction, and financing of this project would be accounted for in a similar manner as the Timber Ridge Apartments, as its own enterprise fund. This supplemental reflected the creation of this new fund and appropriates a placeholder of $24.5 million for the construction of the project. In addition, budgeted revenues include $24.5M in bond proceeds and a $1.5M transfer from the Capital Projects Fund to cover the initial phase of construction prior to the availability of the bond proceeds. Final debt terms and an ordinance approving the debt will be presented at the July 20th meeting. Any adjustments to the budget will be reflected in the 3rd supplemental in December. There was no public comment. Council thanked staff for their hard work. Foley made a motion to approve Ordinance No. 13, Series of 2021; Stockmar seconded the motion passed (6-0* Bruno absent). There being no further business to come before the council, Foley moved to adjourn the meeting; Coggin seconded the motion which passed (6-0*Bruno abesent) and the meeting adjourned at 7:40 p.m. Respectfully Submitted, Attest: __________________________________ Dave Chapin, Mayor ___________________________________ Tammy Nagel, Town Clerk August 17, 2021 - Page 32 of 286 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: J uly 20 2021 Town Council Meeting Minutes AT TAC H ME N TS: Description July 20 2021 Town Council Meeting Minutes August 17, 2021 - Page 33 of 286 Town Council Meeting Minutes of July 20, 2021 Page 1 Vail Town Council Meeting Minutes Tuesday, July 20, 2021 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Kim Langmaid, Mayor Pro Tem Jenn Bruno Travis Coggin Kevin Foley Jen Mason Brian Stockmar Staff members present: Scott Robson, Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation Josef Staufer, Vail resident, asked council to be good stewards of Vail and to remember the mountain and alpine architect. Tom Vucich, Vail resident, suggested any changes in the review process for the Residences at Main Vail be an open and transparent process. 2. Any action as a result of executive session There was none. 3. Proclamations 3.1. Proclamation No. 6, Series 2021, Recognizing Randy Bell Milhoan and the Summervail Art Workshop Legacy Project Presenter(s): Dave Chapin, Mayor Action Requested of Council: Approve Proclamation No. 6, Series 2021 Recognizing Randy Bell Milhoan and the Summervail Art Workshop Legacy Project Council members took turns reading Proclamation No. 6, Series of 2021 into the record. 4. Appointments for Boards and Commissions 4.1. Design and Review Board (DRB) Appointments Presenter(s): Dave Chapin August 17, 2021 - Page 34 of 286 Town Council Meeting Minutes of July 20, 2021 Page 2 Action Requested of Council: Motion to appoint one member to service on the DRB for a two- year term ending March 31, 2022 Langmaid made a motion to appoint Kathryn Middleton to serve a partial term on the DRB; Foley seconded the motion passed (7-0). 5. Consent Agenda 5.1. June 1, 2021 Meeting Minutes Foley made a motion to approve the June 1, 2021 Town Council meeting minutes; Langmaid seconded the motion passed (7-0). 5.2. June 15, 2021 Meeting Minutes Foley made a motion to approve the June 15, 2021 Town Council meeting minutes; Langmaid seconded the motion passed (6-0* Mason recused due to being absent at the June 15 meeting). 5.3. Resolution No. 32, Series of 2021 A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle County Clerk and Recorder Concerning a Coordinated Election on November 2, 2021 Action Requested of Council: Approve, approve with amendments or deny Resolution No. 1 Series of 2021 Background: The Town of Vail wishes to enter into an Intergovernmental Agreement with Eagle County Clerk and Recorder for the purpose of conducting a coordinated election on November 2, 2021. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 1 Series of 2021 Langmaid made a motion to approve Resolution No. 32, Series of 2021; Stockmar seconded the motion passed (7-0). 5.4. Contract with 360 Paving LLC (complete Lionsridge Loop Drainage Improvements) Action Requested of Council: Authorize the Town Manager to enter into an agreement with 360 Paving LLC to complete the Lionsridge Loop Drainage Improvements Project. Background: Staff received 3 bids for the Lionsridge Loop Drainage Improvements Project from 360 Paving, Icon, Inc and United Companies. The project is budgeted with the Capital Street Maintenance budget and is within the engineer’s estimate. Project includes drainage improvements to minimize ice buildup at the bus stop located at Lionsridge Loop and the S. Frontage Rd. and asphalt resurfacing of Lionsridge Loop from the S. Frontage Rd. to Vail View Dr. The project is scheduled to be completed by September 24, 2021. August 17, 2021 - Page 35 of 286 Town Council Meeting Minutes of July 20, 2021 Page 3 Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with 360 Paving LLC to complete the Lionsridge Loop Drainage Improvements Project in the amount not to exceed $150,250.00. Coggin made a motion to authorize the Town Manager to enter into an agreement with 360 Paving LLC in an amount not to exceed $150,250.00; Mason seconded the motion passed (7- 0). 6. Town Manager Report Robson shared with council that progress was being made by partner municipalities on regional transit optimization to contemplate a regional transit authority. Several pilot projects would take place this winter for faster, efficient service. Additionally, Robson encouraged Vail registered voters to take part in a community opinion survey on potential ballot measures for the Nov. 2 election on the topics of housing and marketing. 7. Action Items 7.1. Request for an Easement on Town of Vail Stream Tract - Sonnenalp Properties Presenter(s): Erik Gates, Planner and Tom Kassmel, Town Engineer Action Requested of Council: The Community Development Department requests that the Town Council evaluate the proposal to enter into an easement agreement allowing the usage of Town of Vail property and Stream Tract for a grease interceptor servicing the Sonnenalp lower kitchen. Background: During the renovation of the Sonnenalp lower-level kitchen, it was discovered that a grease interceptor had never been installed for this kitchen. The applicant designed and installed a new grease interceptor on the south side of the building that was mistakenly believed to be entirely within the Sonnenalp property. This was done without receiving a building permit for the improvement. It has since been confirmed that this grease interceptor was installed partially on Town of Vail Stream Tract property. Staff Recommendation: The Community Development and Public Works Departments recommend that the Town Council deny this easement request. Should the Vail Town Council choose to deny this request, Staff would also recommend that the Town Council request a date of the applicant to have the grease interceptor removed from Town property. Gates provided council with a quick description of Sonnenalp Properties request stating the owner of the Sonnenalp, was requesting an easement for use of Town of Vail Stream Tract property for a grease interceptor that was installed prior to receiving a building permit. The applicant requested permission to enter into an easement agreement with the Town of Vail for the improvement and permanent use of Town of Vail property. During the renovation of the lower-level kitchen, it was discovered that a grease interceptor had never been installed for this kitchen. In an effort to correct the issue, the applicant designed and installed a new grease interceptor on the south side of the building that was mistakenly believed to be entirely within the Sonnenalp property. This was done without receiving a building permit for the improvement. Following the installation of this grease interceptor, Eagle River Water and Sanitation District contacted Town Staff to inform us that the interceptor appeared to be very August 17, 2021 - Page 36 of 286 Town Council Meeting Minutes of July 20, 2021 Page 4 close, if not inside, the Stream Tract. Johannes Faessler, Sonnenalp Properties owner, stated the grease interceptor was built in good faith based on earlier survey markers which were 2 feet off. Coggin asked if a land swap would be appropriate. Bruno acknowledged the stream tract was important to maintain but asked if the grease interceptor could stay where it is currently located until the end of the season to be less impactful to the business. Langmaid would like to see it be relocated in late fall. Kassmel recommended October 31st as a deadline to relocate the grease interceptor. There was no public comment. Matt Mire, Town Attorney, stated the land swap would be difficult, but suggested an easement and revocable license would be the correct way to move forward. Chapin felt a land swap was setting a dangerous precedence. Bruno made a motion to enter into an easement and revocable license agreement; Foley seconded the motion passed (5-2 Coggin and Stockmar opposed) 7.2. Ordinance No. 15, Series 2021, an Emergency Ordinance suspending new registrations for certain short-term rentals in the Town of Vail through October 19, 2021. Presenter(s): Scott Robson, Town Manager; Matt Gennett, Community Development Director and Matt Mire, Town Attorney Action Requested of Council: Approve, amend or deny Ordinance No. 15, Series 2021. Background: Please see attached memorandum and attachments. Staff Recommendation: Approve, amend or deny Ordinance No. 15, Series 2021 Robson presented an overview of emergency Ordinance No. 15, Series of 2021 stating the ordinance would be a 90-day "time-out" in outlying neighborhoods while excluding the commercial core areas, which would allow for a comprehensive study on the matter. Public comment was called. Bart Cumo, property manager, stated suspending STR would not solve local housing crisis. Gregory Strong, owner of Vail Property Brokerage, stated he supports an impact study, but felt a suspension would be a bad idea for Vail's brand and reputation. August 17, 2021 - Page 37 of 286 Town Council Meeting Minutes of July 20, 2021 Page 5 Mary Galloway, a long-time property owner, stated a suspension on new STR registrations would be a regulatory taking. She also felt it would be unfair to exempt some properties. Crissy Rumford, a local real estate broker, stated there are 68 active or pending property listings in the zone that would be impacted by a suspension which would be unfair. Additionally, she questioned if this was interfering with property owners’ rights. Alex Brown, an Intermountain resident, stated his family had been able to afford to live in Vail as a result of income from STR. DeDe Dickinson, realtor of Vail Valley, suggested a tiered approach to increase the registration fee for STRs and to grandfather current STRs. Tiffany McCracken, local realtor, felt property rights would be violated by a suspension on STRs. She supported a review of increasing registration fees and to conduct a study without a suspension Bentley Biggar suggested moving forward with a study on the impacts of STRs without a suspension. William Francis, New York resident currently under contract to buy on a home in East Vail to use as a STR, explaining how a suspension would impact his purchase intentions and requested council not suspend STRs and to be cautious. Public comment was closed. Langmaid didn’t want to penalize properties that are currently under contract asked if there was a way to exclude those properties. Mire stated the town could exempt properties that provide appropriate paperwork. Bruno suggested it might be more appropriate to act on the study as soon as possible without any suspension at this time. Stockmar suggested it would be reasonable to take the 90-day time out on new registrations. Chapin stated long-term rentals and long-term residents had been lost to STR based on observations from his neighborhood. He stated a suspension was not a taking. He suggested the town re-evaluate STR policies on an annual basis. Mason stated the registration fee needed to be increased and changes needed to occur in the next 90 days. Coggin shared he occasionally short-term rented his condo and stated a study should result in an economically driven outcome. He didn’t support a suspension. Foley stated he would not support the suspension. August 17, 2021 - Page 38 of 286 Town Council Meeting Minutes of July 20, 2021 Page 6 Langmaid made a motion to adopt the emergency ordinance with additional exemptions of primary residences and all properties currently under fully executed real estate contracts; Stockmar seconded the motion failed (2-5*Chapin, Bruno, Mason, Coggin and Foley opposed). 8. Public Hearings 8.1. Ordinance No. 14, Series 2021, Second reading, An Ordinance Authorizing the Transfer of Certain Property in the Town's Right-of-Way for West Forest Road in the Exchange for Alternate Property, and Approving the Associated Exchange Agreement, all to Accommodate Construction of Two Residences at 816 West Forest Road Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 14, Series 2021 upon second reading. Background: The Developer at 816 and 826 West Forest Road has requested a land swap between the Town of Vail's West Forest Road Right of Way and a portion of 816 and 826 West Forest Road property. The land swap would allow the developer to more easily access their property at 816 and 826 West Forest Road, an extremely steep lot with limited access opportunities. Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 14, Series 2021 upon second reading Kassmel reviewed Ordinance No. 14, Series of 2021 with council stating there were no changes since the first reading. Coggin made a motion to approve Ordinance No. 14, Series of 2021 upon second reading; Bruno seconded the motion passed (7-0). There being no further business to come before the council, Foley moved to adjourn the meeting; Stockmar seconded the motion which passed (7-0) and the meeting adjourned at 8:21 p.m. Respectfully Submitted, Attest: __________________________________ Dave Chapin, Mayor ___________________________________ Tammy Nagel, Town Clerk August 17, 2021 - Page 39 of 286 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: L etter of S upport for Vail Health’s proposed E dwards Northstar Center P UD A mendment application B AC K G RO UND: On J uly 6, the Vail Town Council was provided an update from Chris L indley and Craig Cohn on Vail Health’s proposed Edwards Northstar Center P UD Amendment application. Council was requested to send a letter supporting the application to the Eagle County Commissioners. S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny the letter of support. AT TAC H ME N TS: Description Letter of Support for Vail Health’s proposed Edwards Northstar Center P U D Amendment application August 17, 2021 - Page 40 of 286 August 17, 2021 Eagle County Planning Commission Eagle County Board of County Commissioners Colton Berck, Community Development PO Box 850 500 Broadway Eagle, Colorado 81631-0850 Dear Members of the Planning Commission and County Commissioners: On July 6, the Vail Town Council was provided an update from Chris Lindley and Craig Cohn on Vail Health’s proposed Edwards Northstar Center PUD Amendment application that is before you. While we know you will deliver a very thorough review of this land use application that is not in our jurisdiction and thus we won’t opine on the details therein, we did want to offer our support for this desperately needed facility in the heart of the Eagle River Valley. Vail Health has long been a tremendous community partner to Vail, and we have appreciated their bringing an upgraded hospital facility to fruition and working with their most immediate residential neighbors. We also recognize the behavioral health crisis that we’re in, especially among our adolescents across our county, and that Vail residents are and will be patients needing to utilize the services and expertise at the Edwards Community Health campus and including the new behavioral health facility. We did express our desire to ensure adequate housing is provided to ensure a properly staffed facility as both the County and the Town of Vail pursue opportunities to address our respective housing crisis as well. Again, we appreciate your thorough review of this PUD application, and we look forward to seeing enhanced behavioral health care come to fruition, as well. Sincerely, TOWN OF VAIL Dave Chapin Mayor of Vail cc: Kim Langmaid, Jenn Bruno, Jen Mason, Kevin Foley, Travis Coggin, and Brian Stockmar August 17, 2021 - Page 41 of 286 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No. 35, S eries of 2021, a resolution adopting the Colorado Communities for Climate A ction Policy S tatement for 2021-2022 and setting forth details in regard thereto. B AC K G RO UND: The Town of Vail is an active member of the Colorado Communities for Climate Action, advocating for state and federal policy for climate solutions. A ll member communities adopt the policy statement each year. S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny Resolution No. 35, S eries of 2021. AT TAC H ME N TS: Description Memorandum - Resolution No. 35, Series of 2021 Resolution No. 35, Series 2021 Exhibit A - C C4C A Policy Statement August 17, 2021 - Page 42 of 286 TO: Vail Town Council FROM: Environmental Sustainability Department DATE: August 17, 2021 SUBJECT: Resolution No. 35, Series of 2021, a resolution adopting the Colorado Communities for Climate Action Policy Statement for 2021-2022 and setting forth details in regard thereto. I. PURPOSE The purpose of this memorandum is to present for adoption Resolution No.35, Series of 2021, adopting the Colorado Communities for Climate Action (CC4CA) Policy Statement for 2021- 2022. II. BACKGROUND The Town of Vail has been a member of Colorado Communities for Climate Action (CC4CA) in since its inception in 2018, and a founding member of its original efforts of the Colorado Climate Network since 2012. As a member, the town has had the opportunity to weigh-in on the development of the CC4CA Policy Statement, which is updated on an annual basis to adjust the policy positions of the organization. CC4CA’s latest Policy Statement update reflects unanimous agreement among the coalition members on steps that should be taken at the state and federal level, often in partnership with local governments, to enable Colorado and its communities to lead in protecting the climate. The proposed statements were developed through CC4CA committees, which solicited input from every member jurisdiction and then prepared updates to reflect that input. The Town of Vail participated and provided input in these discussions. CC4CA held its all-member annual retreat to review and finalize the Policy Statement in June 2021. The retreat, and the many months of work by CC4CA's Policy Committee and Board of Directors (on which every member jurisdiction is represented) prior to the retreat, provided the opportunity for all members to share input on each of the policy positions and the statements were modified accordingly. CC4CA members contributed significant time in finalizing the proposed statement based on the input of all member Councils and Boards and to gain the approval of all members present at the retreat. At this time, all members of CC4CA are asked to formally ratify the updated Policy Statement. Most of the updates are non-substantive, and none of the substantive updates significantly alter any positions from the 2020 Policy Statement adopted by the Vail Town Council. The updates include: • Add a new item on solid waste, wastewater, and agricultural waste (which will now be Policy Position #24): o 24. Reduce greenhouse gas emissions from water treatment, wastewater treatment, solid waste, and agricultural activities. • Add a new item on water conservation (which will now be Policy Position #28): o 28. Reduce greenhouse gas emissions and increase resilience associated August 17, 2021 - Page 43 of 286 Town of Vail Page 2 with water management through water conservation, efficiency, reuse, adaptation and low impact development strategies. All of the other proposed changes are for grammatical purposes, to improve clarity, or maintain clarity when removing the explanatory text. III. STAFF RECOMMENDATION Staff recommends the Vail Town Council approve Resolution No. 35, Series of 2020. IV. ATTACHMENTS A. CC4CA Policy Statement 2021-2022 (Exhibit A) B. Resolution No. 35, Series of 2021 August 17, 2021 - Page 44 of 286 Resolution No. 35, Series of 2021 Page 1 of 2 RESOLUTION NO. 35 Series of 2021 A RESOLUTION ADOPTING THE COLORADO COMMUNITIES FOR CLIMATE ACTION POLICY STATEMENT FOR 2021-2022 WHEREAS, the Town of Vail, along with thirty-eight other municipalities and counties in Colorado, have joined Colorado Communities for Climate Action (the “CC4CA”), a coalition of local governments across the state which advocates for state and federal policies which support clean air, clean water, reduction of fossil fuel consumption and other contributors associated with greenhouse gas emissions; WHEREAS, an integral part of the CC4CA organizational process is the annual adoption of the CC4CA Policy Statement, which is established by a steering committee representing all communities by unanimous consent, and identifies legislative issues of interest to the Town; WHEREAS, the Town’s Environmental Sustainability Strategic Plan, adopted by the Vail Town Council in 2009, includes Goal #2, “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”; WHEREAS, the Town has adopted the goals of the Climate Action Plan for the Eagle County Community of a reduction of greenhouse gas emissions of 50% by 2030 and 80% by 2050; and WHEREAS, the 2021-2022 CC4CA Policy Statement is in alignment with the Town’s adopted strategic plans, goals and objectives, and the Town Council Action Plan; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. The Town Council hereby adopts the CC4CA Policy Statement as attached hereto as Exhibit A. Section 2. This Resolution shall take effect immediately upon its passage. August 17, 2021 - Page 45 of 286 Resolution No. 35, Series of 2021 Page 2 of 2 INTRODUCED, READ, APPROVED AND ADOPTED this 17th day of August 2021. David Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk August 17, 2021 - Page 46 of 286 Adams County · Aspen · Avon · Basalt · Boulder · Boulder County · Breckenridge · Broomfield Carbondale · Clear Creek County · Crested Butte · Dillon · Eagle County · Edgewater · Erie · Fort Collins Frisco · Gilpin County · Glenwood Springs · Golden · Lafayette · Longmont · Louisville · Lyons · Mountain Village Nederland · Northglenn · Ouray County · Pitkin County · Ridgway · Salida · San Miguel County Snowmass Village · Summit County · Superior · Telluride · Vail · Westminster CC4CA Policy Statement Effective July 1, 2021 Adopted by the Board of Directors June 4, 2021 Colorado Communities for Climate Action is a coalition of local governments advocating for stronger state and federal climate policy. CC4CA’s policy positions reflect unanimous agreement among the coalition members on steps that should be taken at the state and federal level, often in partnership with local governments, to enable Colorado and its communities to lead in protecting the climate. CC4CA generally focuses on legislative, regulatory, and administrative action, supporting efforts that advance the general policy principles and the detailed policy positions described below, and opposing efforts that would weaken or undermine these principles and positions. General Policy Principles The following general principles guide Colorado Communities for Climate Action's specific policy positions. CC4CA supports: • Collaboration between state and federal government agencies and Colorado’s local governments to advance local climate protection and resilience. • State and federal programs to reduce greenhouse gas pollution, including adequate and ongoing funding of those programs. • Analyses, financial incentives, infrastructure, and enabling policies for the development and deployment of clean energy technologies. • Locally driven and designed programs to support communities impacted by the clean energy transformation. • Prioritizing policies that put equity at the center of decision-making by addressing systemic environmental and governance inequities based on race and socioeconomic status and by justly transitioning and growing the clean economy. August 17, 2021 - Page 47 of 286 2 Policy Positions Colorado Communities for Climate Action supports the following policy positions: Statewide Climate Strategies 1. Reduce statewide greenhouse gas emissions consistent with or greater than the State of Colorado’s 2019 codified goals. 2. Secure accurate, actionable useful, and regular state greenhouse gas inventories and forecasts for Colorado which are made accessible to local governments and incorporate alignment between state and local inventory data to the extent possible. 3. Adopt a comprehensive market-based approach to reduce Colorado’s greenhouse gas emissions that ensures the benefits accrue justly and equitably to impacted communities. 4. Expand consideration of the environmental and health costs associated with the use of fossil fuels in making and implementing climate-related policy. Local Climate Strategies 5. Remove barriers and promote opportunities that allow counties and municipalities to maximize deployment of local clean energy and climate-related strategies, including resilience-oriented strategies, while promoting affordable, accessible, and equitable delivery of reliable clean energy. 6. Enable local governments to obtain the energy use and other data from utilities and state agencies that they need to effectively administer climate and clean energy programs. 7. Support a comprehensive public process for evaluating retail and wholesale energy choice options for communities, informed by a broad variety of stakeholders. 8. Provide for cost-effective and equitable policies, strategies, and practices that enable and accelerate energy efficiency in buildings, beneficial electrification, reducing GHG emissions, improving quality of life, and making the electric grid more robust and resilient. Energy Generation 9. Accelerate retirement of existing fossil fuel generation facilities and their replacement with cost-effective and reliable clean energy supplies, through means that support utilities, consumers, and the communities where these facilities have been located. August 17, 2021 - Page 48 of 286 3 10. Expand the ability of electric cooperatives and municipal electric utilities to independently purchase local renewable electricity and take other steps to reduce greenhouse gas pollution. 11. Modernize energy infrastructure to enhance community-based resilience and integrate distributed energy resources. Energy Efficiency 12. Expand demand side savings from efficiency and conservation for all energy types. 13. Support ongoing and sustainable funding for weatherization and renewable energy assistance to low-income households, including those in fossil fuel-dominated economies, so that all Coloradans have access to comfortable and affordable homes. 14. Support ongoing and sustainable funding for programs that assist communities in the transition from fossil fuel-dominated economies. 15. Provide counties and statutory cities and towns with the same authority held by home rule cities to implement local energy conservation policies and programs. Transportation 16. Ensure effective implementation of Colorado’s vehicle emissions standards and other regulatory and programmatic activities designed to reduce greenhouse gas emissions from mobile sources. 17. Implement the 2020 Colorado Electric Vehicle Plan and other efforts to increase electrification of all motor vehicles. 18. Increase funding and policy incentives for multimodal transportation and multimodal-friendly development statewide. 19. Incentivize and select mobility alternatives, including movement of both people and goods, based on energy efficiency, and environmental costs and benefits. Fossil Fuel Extraction Activities 20. Expand monitoring and reduction of the full life cycle emissions from fossil fuel extractive industry activities. Waste 21. Grant CDPHE authority to implement a plan for meeting Colorado’s statewide and regional solid waste diversion goals. August 17, 2021 - Page 49 of 286 4 22. Reduce or eliminate use of disposable/single-use products and promote reuse of materials, including construction and demolition waste. 23. Foster circular economy policies like reuse, recycling, composting, and reducing the carbon intensiveness of materials and products. 24. Reduce greenhouse gas emissions from solid waste, water treatment, wastewater processing, and agricultural activities. General 25. Encourage adoption of climate-positive innovations like telecommuting, drawing from the lessons learned during the coronavirus pandemic, to substantially reduce air and greenhouse gas pollution. 26. Promote proactive programs and efforts that improve the resilience and adaptability of Colorado communities in the face of natural disasters and other major challenges associated with climate change, including ensuring that disaster stabilization and recovery efforts result in reduced greenhouse gas pollution and improved resilience to future disasters. 27. Support exploration and deployment, when appropriate, of natural climate solutions (NCS) and of carbon capture and utilization/sequestration (CCUS). 28. Reduce greenhouse gas emissions and increase resilience associated with water management through water conservation, efficiency, reuse, adaptation and low impact development strategies. 29. Encourage investments that achieve climate-positive solutions, including policies that encourage entities investing public dollars to consider partial or full divestment as part of their investment strategies. 30. Maintain protections and authorities currently provided under environmental laws like the National Environmental Policy Act, Clean Air Act, and Clean Water Act, and ensure that these laws are fully implemented. August 17, 2021 - Page 50 of 286 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No. 38, S eries of 2021, A Resolution Approving a P rofessional S ervices Agreement Between the Town of Vail and Triumph Development West L L C B AC K G RO UND: The Town of Vail and Triumph Development wish to enter into a P rofessional S ervices Agreement (the “P S A”) concerning certain work to be performed by Triumph Development relating to the project known as Residences at Main Vail. S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny Resolution No. 38, S eries of 2021 AT TAC H ME N TS: Description Resolution No. 38 Series of 2021 Memorandum 08172021 Resolution No. 38 Series of 2021 Professional Services Agreement 08172021 Resolution No. 38 Series of 2021 - P S A Triumph 08172021 August 17, 2021 - Page 51 of 286 To: Vail Town Council From: George Ruther, Housing Director Date: August 17, 2021 Subject: Resolution No. 38, Series of 2021 – A Resolution Approving a Professional Services Agreement Between the Town of Vail and Triumph Development West LLC. I. Purpose The purpose of this memorandum is to present a summary of the terms of a pre- development agreement by and between the Town of Vail and Triumph Development West, LLC (the “Parties”). The terms of the agreement prescribe the next steps in the development of the new Residences at Main Vail on Lot 3, Middle Creek Subdivision (the “Middle Creek Project”). This agreement follows an earlier agreement executed between the Parties which prescribed a scope of work and associated costs of the design development and entitlement process, and serves, in part, to advance the strategic actions of the Vail Town Council’s Alternate Housing Sites Initiative. Resolution No. 38, Series of 2021 authorizes the Town Manager to execute a professional services agreement on behalf of the Town. Does the Vail Town Council approve Resolution No. 38, Series of 2021, as presented and read? II. Terms of the Agreement The purpose of the professional services agreement is to establish a scope of work, project schedule and timeline for the next steps of the phased development of the Residences at Main Vail. The duration of this phase is generally described as August 16 through November 2, 2021. The Vail Town Council has expressed its desire to develop 100%, deed-restricted homes on Lot 3, Middle Creek with Triumph Development participating as a fee-based developer on the Town’s behalf. August 17, 2021 - Page 52 of 286 Town of Vail Page 2 Acting on behalf of the Town of Vail as the applicant for a building permit application, Triumph Development agrees to perform the following professional services by the deadline established herein: • Prepare and submit the following applications to the Town of Vail Community Development Department for review and approval: o A complete demolition, site grading and excavation, and shoring permit application – August 16, 2021 o A complete building permit application – September 3, 2021 o An access and right of way permit application from the Town of Vail and Colorado Department of Transportation – September 3, 2021 o A utility permit from the Eagle River Water and Sanitation District - September 3, 2021 • An exemption plat application vacating certain easements and abandoning an existing building envelope – September 13, 2021 • Finalize the initial design development cost estimate and present the information to the Town of Vail for review – August 26, 2021 • Coordinate a value engineering exercise with the Town of Vail and the general contractor to further evaluate the total cost of the development project – October 5, 2021 • Collaborate with the Town of Vail on the completion of a final development agreement – October 5, 2021 The Town of Vail shall reimburse Triumph Development for the full cost of completing the work outlined above, plus pay a 6% developer fee on said costs. Also included in this budget is $150,000 of allowances for the general contractor to procure materials and equipment and to secure labor with an additional $50,000 of contingency. The total cost of this scope of work shall not exceed $608,148.50. This cost of work is inclusive of the total development project cost currently estimated at $24.4M See Exhibit A of Resolution No. 38, Series of 2021 for the scope of work, timeline and budget. III. Next Steps By this professional services agreement, the Parties are setting forth their expectations regarding the next phase of work to be completed in the development of the Residences at Main Vail along with a budget and a timeline for its completion. At this time, it is expected the Parties will execute a final development agreement on or before October 5, 2021. Further, the Parties expect to issue and receive the demolition, site excavation and shoring permit by October 11 and receive the final building permit by no later than November 1, 2021. August 17, 2021 - Page 53 of 286 Town of Vail Page 3 EXHIBIT A Residences at Main Development August 17, 2021 Professional Services Agreement Scope of Work, Timeline for Completion & Budgeted Costs ______________________________________________________________________ • Prepare and submit the following applications to the Town of Vail Community Development Department for review and approval: o A complete demolition, site grading and excavation, and shoring permit application – August 16, 2021 o A complete building permit application – September 3, 2021 o An access and right of way permit application from the Town of Vail and Colorado Department of Transportation – September 3, 2021 o A utility permit from the Eagle River Water and Sanitation District - September 3, 2021 • An exemption plat application vacating certain easements and abandoning an existing building envelope – September 13, 2021 • Finalize the initial design development cost estimate and present the information to the Town of Vail for review – August 26, 2021 • Coordinate a value engineering exercise with the Town of Vail and the general contractor to further evaluate the total cost of the development project – October 5, 2021 • Collaborate with the Town of Vail on the completion of a final development agreement – October 5, 2021 Associated scope of work costs include: Architecture $321,725.00 Civil Engineering $30,000.00 Landscape Design $10,000.00 Legal -- Site Survey $2,500.00 Title Review $1,000.00 Geotech $7,500.00 General Contractor Allowance $150,000.00 Misc. $1,000.00 Developer Fee @ 6% $34,423.50 Contingency $50,000.00 Total $608,148.50 (not to exceed) August 17, 2021 - Page 54 of 286 1 8/13/2021 S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\MEMOS\RESOLUTION NO 38 SERIES OF 2021 PROFESSIONAL SERVICES AGREEMENT 08172021.DOCX AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into this 17th day of August, 2021 (the "Effective Date"), by and between the Town of Vail, a Colorado home rule municipal corporation with an address of 75 South Frontage Road, Vail, CO 81657, (the "Town"), and Triumph Development West, LLC, an independent contractor with an address of 12 Vail Road, Ste. 700, Vail, CO. 81657 ("Contractor") (each a "Party" and collectively the "Parties"). WHEREAS, the Town requires professional services; and WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and experience to perform the required professional services. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. SCOPE OF SERVICES A. Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services set forth in Exhibit A, attached hereto and incorporated herein by this reference. B. A change in the Scope of Services shall not be effective unless authorized as an amendment to this Agreement. If Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. II. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. III. COMPENSATION In consideration for the completion of the Scope of Services by Contractor, the Town shall pay Contractor an amount not to exceed $608,148.50. This amount shall August 17, 2021 - Page 55 of 286 2 8/13/2021 S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\MEMOS\RESOLUTION NO 38 SERIES OF 2021 PROFESSIONAL SERVICES AGREEMENT 08172021.DOCX include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and expenses. Contractor shall not be paid until the Scope of Services is completed to the satisfaction of the Town. IV. PROFESSIONAL RESPONSIBILITY A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing, required by law. The work performed by Contractor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms in the same or similar type of work in the applicable community. The work and services to be performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. B. The Town's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. C. Because the Town has hired Contractor for its professional expertise, Contractor agrees not to employ subcontractors to perform any work under the Scope of Services. D. Contractor shall at all times comply with all applicable law, including without limitation all current and future federal, state and local statutes, regulations, ordinances and rules relating to: the emission, discharge, release or threatened release of a Hazardous Material into the air, surface water, groundwater or land; the manufacturing, processing, use, generation, treatment, storage, disposal, transportation, handling, removal, remediation or investigation of a Hazardous Material; and the protection of human health, safety or the indoor or outdoor environmental, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq. ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq. ("RCRA"); the Toxic Substances Control Act, 15 U.S.C. § 2601, et seq.; the Clean Water Act, 33 U.S.C. § 1251, et seq.; the Clean Air Act; the Federal Water Pollution Control Act; the Occupational Safety and Health Act; all applicable environmental statutes of the State of Colorado; and all other federal, state or local statutes, laws, ordinances, resolutions, codes, rules, regulations, orders or decrees regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, in effect now or anytime hereafter. V. OWNERSHIP Any materials, items, and work specified in the Scope of Services, and any and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor expressly acknowledges and agrees that all August 17, 2021 - Page 56 of 286 3 8/13/2021 S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\MEMOS\RESOLUTION NO 38 SERIES OF 2021 PROFESSIONAL SERVICES AGREEMENT 08172021.DOCX work performed under the Scope of Services constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such work. The Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent from Contractor; provided that Contractor shall have no liability for any work that has been modified by the Town. VI. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that t is a Town employee for any purposes. VII. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 3. Professional liability insurance with minimum limits of $1,000,000 each claim and $2,000,000 general aggregate by the licensed design professionals. B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees or its contractors shall be August 17, 2021 - Page 57 of 286 4 8/13/2021 S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\MEMOS\RESOLUTION NO 38 SERIES OF 2021 PROFESSIONAL SERVICES AGREEMENT 08172021.DOCX excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. VIII. INDEMNIFICATION A. Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. Contractor's liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of negligence or fault attributable to Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor. B. If Contractor is providing architectural, engineering, surveying or other design services under this Agreement, the extent of Contractor's obligation to indemnify and hold harmless the Town may be determined only after Contractor's liability or fault has been determined by adjudication, alternative dispute resolution or otherwise resolved by mutual agreement between the Parties, as provided by C.R.S. § 13-50.5-102(8)(c). IX. WORKERS WITHOUT AUTHORIZATION A. Certification. Contractor hereby certifies that, as of the Effective Date, it does not knowingly employ or contract with a worker without authorization who will perform work under this Agreement and that Contractor will participate in either the E- Verify Program administered by the U.S. Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Agreement. B. Prohibited Acts. Contractor shall not knowingly employ or contract with a worker without authorization to perform work under this Agreement, or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with a worker without authorization to perform work under this Agreement. August 17, 2021 - Page 58 of 286 5 8/13/2021 S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\MEMOS\RESOLUTION NO 38 SERIES OF 2021 PROFESSIONAL SERVICES AGREEMENT 08172021.DOCX C. Verification. 1. If Contractor has employees, Contractor has confirmed the employment eligibility of all employees who are newly hired to perform work under this Agreement through participation in either the E-Verify Program or the Department Program. 2. Contractor shall not use the E-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with a worker without authorization who is performing work under this Agreement, Contractor shall: notify the subcontractor and the Town within 3 days that Contractor has actual knowledge that the subcontractor is employing or contracting with a worker without authorization who is performing work under this Agreement; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the worker without authorization who is performing work under this Agreement; except that Contractor shall not terminate the subcontract if during such 3 days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with a worker without authorization who is performing work under this Agreement. D. Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms of this Agreement. E. Affidavits. If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Contractor shall sign the "Department Program Affidavit" attached hereto. X. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. August 17, 2021 - Page 59 of 286 6 8/13/2021 S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\MEMOS\RESOLUTION NO 38 SERIES OF 2021 PROFESSIONAL SERVICES AGREEMENT 08172021.DOCX C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third-party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class U.S. Mail to the Party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. I. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. L. Force Majeure. No Party shall be in breach of this Agreement if such Party's failure to perform any of the duties under this Agreement is due to Force Majeure, which shall be defined as the inability to undertake or perform any of the duties under this Agreement due to acts of God, floods, fires, sabotage, terrorist attack, strikes, riots, war, labor disputes, forces of nature, the authority and orders of government or pandemics. August 17, 2021 - Page 60 of 286 7 8/13/2021 S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\MEMOS\RESOLUTION NO 38 SERIES OF 2021 PROFESSIONAL SERVICES AGREEMENT 08172021.DOCX IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Scott Robson, Town Manager ATTEST: __________________________________ Tammy Nagel, Town Clerk CONTRACTOR By: ________________________________ STATE OF COLORADO ) ) ss. COUNTY OF _______________ ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ________________, 2021, by ____________________________ as _________________ of ________________________. My commission expires: (S E A L) ________________________________ Notary Public August 17, 2021 - Page 61 of 286 8 8/13/2021 S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\MEMOS\RESOLUTION NO 38 SERIES OF 2021 PROFESSIONAL SERVICES AGREEMENT 08172021.DOCX EXHIBIT A SCOPE OF SERVICES Contractor's Duties During the term of this Agreement, Contractor shall perform the following duties, as directed by the Town: • Contractor shall • Contractor shall • Contractor shall Contractor's Deliverables In performance of the duties described above, Contractor shall deliver the following items to the Town, during the timeframes established by the Town: • August 17, 2021 - Page 62 of 286 9 8/13/2021 S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\MEMOS\RESOLUTION NO 38 SERIES OF 2021 PROFESSIONAL SERVICES AGREEMENT 08172021.DOCX NO EMPLOYEE AFFIDAVIT [To be completed only if Contractor has no employees] 1. Check and complete one: I, _______________________________, am a sole proprietor doing business as __________________________. I do not currently employ any individuals. Should I employ any employees during the term of my Agreement with the Town of Vail (the "Town"), I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. OR I, ______________________________, am the sole owner/member/shareholder of ___________________________, a ______________________________ [specify type of entity – i.e., corporation, limited liability company], that does not currently employ any individuals. Should I employ any individuals during the term of my Agreement with the Town, I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. 2. Check one. I am a United States citizen or legal permanent resident. The Town must verify this statement by reviewing one of the following items:  A valid Colorado driver's license or a Colorado identification card;  A United States military card or a military dependent's identification card;  A United States Coast Guard Merchant Mariner card;  A Native American tribal document;  In the case of a resident of another state, the driver’s license or state- issued identification card from the state of residence, if that state requires the applicant to prove lawful presence prior to the issuance of the identification card; or  Any other documents or combination of documents listed in the Town’s “Acceptable Documents for Lawful Presence Verification” chart that prove both Contractor’s citizenship/lawful presence and identity. OR I am otherwise lawfully present in the United States pursuant to federal law. Contractor must verify this statement through the federal Systematic Alien Verification of Entitlement ("SAVE”) program, and provide such verification to the Town. ____________________________________ __________________________ Signature Date August 17, 2021 - Page 63 of 286 10 8/13/2021 S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\MEMOS\RESOLUTION NO 38 SERIES OF 2021 PROFESSIONAL SERVICES AGREEMENT 08172021.DOCX DEPARTMENT PROGRAM AFFIDAVIT [To be completed only if Contractor participates in the Department of Labor Lawful Presence Verification Program] I, ________________________, as a public contractor under contract with the Town of Vail (the "Town"), hereby affirm that: 1. I have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Agreement") with the Town within 20 days after such hiring date; 2. I have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Agreement; and 3. I have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Agreement. ____________________________________ ________________________ Signature Date STATE OF COLORADO ) ) ss. COUNTY OF _______________ ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of __________, 2021, by _______________________ as _________________ of ________________________. My commission expires: (S E A L) ________________________________ Notary Public August 17, 2021 - Page 64 of 286 RESOLUTION NO. 38 Series of 2021 A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF VAIL AND TRIUMPH DEVELOPMENT WHEREAS, the Town and Triumph Development wish to enter into a Professional Services Agreement (the “PSA”) concerning certain work to be performed by Triumph Development relating to the project known as Residences at Main Vail. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the PSA in substantially the same form as attached hereto as Exhibit A, and in a form approved by the Town Attorney, and authorizes the Town Manager to execute the PSA on behalf of the Town. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 17th day of August 2021. _________________________ Dave Chapin, Town Mayor ATTEST: _____________________________ Tammy Nagel, Town Clerk August 17, 2021 - Page 65 of 286 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Bicycle/P edestrian Safety Update AT TAC H ME N TS: Description Bicycle/Pedestrian Safety August 17, 2021 - Page 66 of 286 To: Town Council From: Gregg Barrie, Department of Public Works Date: August 17, 2021 Subject: Information Update on Efforts to Improve Bicycle/Pedestrian Safety I. PURPOSE The purpose of this memorandum is to provide an update to the Council on recent efforts to improve safety and reduce conflict between bicycles, pedestrians, and other recreationalists in Vail and Lionshead Villages, on recreation trails and on roadways throughout Vail. II. BACKGROUND Vail has been a busy destination during the summer of 2021. On any given day of the week, the parking structures are near-full, the Villages are bustling, and the multi-use trails hold a near-constant stream of pedestrian and bicycle traffic. Even Frontage Road bike lanes are busy. The congestion, coupled with variations in speed, age and user- ability has created concerns over safety and visitor comfort in many places around town. III. BICYCLE AND PEDESTRIAN SAFETY GROUP With an understanding of the need to improve the situation, a group of twelve town staff members as well as two Village bike shop owners convened to discuss solutions. The group included staff from public works/engineering, police, the bus department, environmental, special events and community information. The discussion centered around a few key concepts: • The idea that one solution will not likely solve the problem. The group discussed numerous focused actions that can help make the situation better. • The understanding that people visit Vail for many different reasons. It’s important to accommodate those various reasons and to provide multiple, safe recreation opportunities • The recognition to consider local residents and commuters when working towards solutions • Importantly, the business owners of the group showed a willingness to be part of the solution through education with bike rentals. August 17, 2021 - Page 67 of 286 Town of Vail Page 2 IV. ACTION ITEMS The attached document, titled Synopsis of Action Items to Improve Bike/Pedestrian Safety in Vail is in Draft form. It is provided as information. Staff anticipates that some of these items can be implemented immediately, and some will take more time. Some items, such as improved etiquette signage along the recreation trails and improved education with bike shops can be prepared over the winter and ready for implementation for the 2022 summer season. The Communications Department is already collecting photo and video media to be used in an education campaign for next summer. And some items such as an ordinance to address temporary dismount zone enforcement will likely be developed in the coming weeks. In addition, staff is working to implement a Dismount Zone on Bridge Street between Slifer Square and Seibert Circle for the duration of the 2021 summer/fall season. This information will be communicated to bike shops and in a press release. Staff may request to budget funds for some of these items in the upcoming 2022 Budget process. Items will be presented to Council as needed and as they are developed. V. ACTION REQUESTED BY COUNCIL No action is requested at this time. This information is being provided as an Information Update. VI. STAFF RECOMMENDATION There is no staff recommendation on this item. Attachments: • DRAFT Synopsis of Action Items to Improve Bike/Pedestrian Safety in Vail August 17, 2021 - Page 68 of 286 Town of Vail Page 3 Bicycle and Pedestrian Safety Discussion Synopsis of Action Items to Improve Bike/Pedestrian Safety in Vail July 23, 2021 1. Issues a. Congestion – lots of users b. Different modes of transportation c. Different speeds d. Different age groups e. Lack of bike skills f. Lack of bike parking 2. Things we have in place a. Traditional traffic “warning signs” on trails w/ SLOW and KEEP RIGHT b. Center stripe in many locations c. Sharrows on some roadways d. SLOW ZONE Villages e. DISMOUNT ZONES in Villages during Special Events f. Covered Bridge Dismount Zone – could be improved g. Poster distributed to bike rental shops h. Official Route of Gore Valley Trail bypasses Vail Village center i. Bells required on Rental Ebikes, 16 yo age limit on ebikes j. Advisory Bike Lanes on Vail Valley Drive 3. “In the Works” a. Re-route of the Gore Valley Trail around the busy Lionshead gondola loading area b. Etiquette Signage for Rec Trails Bike Shops • Work with shops to convey the need for safety/etiquette • Get the message to SLOW DOWN and GIVE SPACE to all renters • Etiquette Poster (distributed, but make sure they are visible) • Short video or video clips that can be looped into existing video in shops and added to websites • Ensure all bike are fitted with bells • 5 mph stickers on rental bikes (or other messages “Space, not Speed”) • Ensure the knowledge is out there that ebikes are for ages 16 and above Welcome Centers/Channel 5 • Short video or video clips that can be looped into existing video • Etiquette posters in Welcome Centers Hotels • Short video or video clips that can be looped into existing videos in hotel rooms • Convey message that electric scooters are not allowed on recreation trails • Get the message to SLOW DOWN and GIVE SPACE to all renters August 17, 2021 - Page 69 of 286 Town of Vail Page 4 Vail Village/Lionshead • Additional Bike Racks – add etiquette signage to racks • Signs for “Alternate Bike Route” around ped areas • Add more SLOW ZONE signs, perhaps mix up the messages (Give Space, Walk if Crowded) • Improve Dismount Zone at Covered Bridge (this has since been upgraded to Bridge Street) • Discuss Special Event dismount – see By Ordinance, below Recreation Trails • Add etiquette signage with various messages • Opportunities for alternate routes, single track sidewalks • Opportunities for separation of uses (hard to find those places) Roadways • Opportunities for road diets, designated bike lanes, other options to help bikers feel safer on Frontage Rds, and thus get them off the recreation trails (West Vail, West Lionshead Cir to Ford Park, Meadow Dr) • One-way in-town bus loop? Could this help with congestion? • Take a close look at Vail Road/Meadow Drive intersection – the end of ped zone but some don’t realize the transition, very busy spot • Complete Frontage Road walkway between East and West Lionshead Circle • Additional Sharrows (Lionshead, Westhaven, Forest Rd, West Lionshead Circle, West Vail Commercial Area, other outlying areas?) By Ordinance • Create rules for Temporary Dismount Zones (Special Events, Farmer’s Market, GoPro, etc) to allow for enforcement • Address electric scooters • 5 mph speed limits in Ped Areas (would have to be posted) Other issues raised • Restaurant tables and merchant racks are reducing space in Villages August 17, 2021 - Page 70 of 286 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Update on Residence Main Vail P roject S chedule (for work done August 16 and November 2, 2021) AT TAC H ME N TS: Description Residences at Main Vail Development Schedule 08172021 August 17, 2021 - Page 71 of 286 To: Vail Town Council From: George Ruther, Housing Director Date: August 17, 2021 Subject: Residences at Main Vail – Project Schedule – August 17 to November 2, 2021 1. SUMMARY The purpose of this agenda item is to present the summary of the project schedule, including key dates and tasks to be completed, between August 16 and November 2, 2021. 2. BACKGROUND The Vail Town Council wishes to complete a 100% deed-restricted, for-rent, residential development on Lot 3, Middle Creek Subdivision. To that end, a number of critical path steps have been completed to ensure that outcome is a reality. Pursuant to a project management agreement with Triumph Development, the entitlement process granting approvals to develop the Residences at Main Vail was completed on August 3, 2021. The Town’s total investment in that process was $668,000. (-$22,000) 3. SUMMARY OF KEY DATES AND TASKS A sequenced approach to the development of the Residences at Main Vail has been prepared. In sum, the two sequenced phases will include a first phase of demolition, site work and shoring occurring from October 11 through December 17, 2021 and a second phase restarting on or about March 14, 2022, weather permitting, and will be completed by May 30, 2023. The advantages to this approach include: • allows for construction to begin in the fall of 2021. • puts a pause in place during the winter months to avoid unnecessary costs of construction due to winter conditions. • initiates the pouring of concrete to occur in more favorable weather conditions. • reduces the building permit issuance process into only two phases (1. demolition/site work and 2. vertical construction). • enables the Town to issue debt during a time of historically low interest rates. • delivers 72 new homes in time for the 2023 summer season. A project schedule highlighting key dates and task list has been prepared to facilitate the next steps in the development sequence of the Residences at Main Vail. The following information highlights the tasks to be completed between August 16 and November 2, 2021: August 17, 2021 - Page 72 of 286 Town of Vail Page 2 • August 16 – Triumph Development to submit complete site demolition, site excavation and shoring plan package to Town of Vail for review and approval. • August 17 - Execute an amended professional services agreement between the Town of Vail and Triumph Development identifying an updated scope of work, schedule for completion and associated costs. • August 26 – Final design development cost estimate due to the Town of Vail from Triumph Development. • September 3 – Triumph Development to submit full building permit plan package to Town of Vail for review and approval. • September 7 – Vail Town Council to review final design development cost estimate from Triumph Development and consider ordinance authorizing the Town of Vail to incur up to $25M in debt. • October 4 – Children’s Garden of Learning slated for completion. • October 5 – Vail Town Council to consider a resolution approving the final development agreement between the Town of Vail and Triumph Development for the construction of the Residences at Main Vail. • October 11 – Triumph Development to begin first phase of construction of Residences at Main Vail, including demolition, site excavation and shoring. Work to continue through December 17. • Final building permit to be issued on or before November 1. The following deal points and terms highlight a future development deal structure: • Total Project Development Cost – $24.4M (estimated) • Ownership of the Fee Title– Town of Vail • Ownership of the Improvements – Town of Vail • Financing – 100% Town of Vail Tax Exempt Bonds • Financing Term – 30-year amortization • Interest Rate – 1.26% to 1.88%, depending on length of term • Developer Fee - 6% of total project development cost • Property Management/Operating Agreement – 4% of gross rental income • Opportunity Cost - $3.5M • Project Start/Completion – October 11, 2021 to May 30, 2023 This alternate approach has many likely trade-offs for the Town Council’s consideration and evaluation. The trade-offs include: • The Town maintains control over the land and the improvements • Net income from the development may be an additional source of funding for future housing programs, initiatives, and developments • The Town controls the management and operations of the property through its property manager • The low cost of financing benefits the cash flow projection model • There is existing bonding capacity for the Town to take on new debt • Revenues from the development can service the debt • Master leasing and other forms of private business use activity are likely to frustrate the terms of tax-exempt financing requirements • As owner, the Town assumes responsibility for the development of the site including contracting, financing, construction documentation, project administration and oversight, budgeting, schedule, etc. (i.e. development risk/liability) August 17, 2021 - Page 73 of 286 Town of Vail Page 3 • Triumph Development will likely request a buy-out from the Town • A shift in development deal structure negatively impacts the original construction schedule. • Requires ongoing operating and management of the improvements (i.e. Timber Ridge Operating Committee) • Increases the Town’s development risk by increasing involvement and responsibilities in the overall development process • Creates an additional real estate asset for the Town 4. RECOMMENDATIONS The parties have verbally acknowledged general acceptance of a development deal structure for the Residences at Main Vail development. While deemed generally acceptable, it is mutually acknowledged neither party has reviewed a final development agreement document. The consideration of the final development agreement is set for review by the Vail Town Council on Tuesday, October 5. Town staff recommends the Vail Town Council acknowledges acceptance of the highlighted sequenced approach to construction. With acceptance from Town Council, the sequenced approach to construction will be incorporated into the proposed final construction schedule, budget and development agreement. August 17, 2021 - Page 74 of 286 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Update on meeting with U.S. Senator Michael Bennet August 17, 2021 - Page 75 of 286 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No. 36, S eries 2021, A Resolution of the Vail Town Council submitting a ballot issue to the registered electors of the Town at the Town's Regular Election on November 2, 2021 P RE S E NT E R(S ): S cott Robson, Town Manager, David F laherty, Magellan Strategies and David Cunningham, S ummit I nformation Services AC T IO N RE Q UE S T E D O F C O UNC I L: Review resolution outlining ballot question and make determination about submitting the question to the Vail voters in the upcoming November 2 election. B AC K G RO UND: Town Council will consider the resolution addressing a ballot question for increasing the town's existing sales tax by .05% (from 4.0% to 4.5%), to take effect on J anuary 1, 2022; except that food for home consumption shall be exempt from such tax increase; with the revenues from such tax increase to be used to fund housing initiatives, housing developments and housing programs and related activities inside and outside the town. AT TAC H ME N TS: Description Memo Proposed Ballot Measures Discussion 081721 resolution 36, series 2021 August 17, 2021 - Page 76 of 286 To: Vail Town Council From: Town Manager’s Office, Economic Development Director, Housing Director, Communications Director, Finance Director, Magellan Strategies Date: August 17, 2021 Subject: Discussion about Proposed Tax Measures for November Ballot as Dedicated Funding for Housing and Year-Round Marketing/Special Events Initiatives I. SUMMARY The Town Council is asked to discuss the direction they would like to take regarding the submittal of ballot questions for the November election addressing dedicated funding sources for two initiatives, housing, and year-round marketing/special events. The Town would need to certify ballot questions to the Eagle County Clerk and Recorder’s Office no later than September 3. The Town Council is asked to review and approve the ballot text with resolutions if the decision is made to proceed with asking the voters about the measures at the November election. Council is asked to consider making the decision that evening to meet the ballot certification deadline or indicate the need for a special meeting prior to September 3 if further discussion is warranted. The Town Council would consider the sales tax increase question and the Vail Local Marketing District would consider the marketing and promotion tax increase question. II. BACKGROUND The Town of Vail engaged Magellan Strategies and Summit Information Services to assist in facilitating community outreach meetings to gather feedback and opinions about the town’s housing and marketing efforts as well as opportunities to address additional funding sources. Initial findings were presented to Town Council on June 1. The community outreach plan implemented over the last few months has yielded important insights and opinions about the two town initiatives on housing and year-round marketing. On August 3, Magellan Strategies presented the results of a voter survey on the two ballot initiatives and on June 1, they presented a summary of the input received from the initial outreach meetings. III. DISCUSSION UPDATE FROM AUGUST 3, 2021 Council directed staff to return at the August 17 meeting with resolutions and ballot text for the two measures initially outlined for voters. In addition, during the August 3 meeting, there was a proposal supported by council members to consider a third ballot measure that would ask voters to impose a new tax on lodging rooms that would generate revenues to pay for housing programs and initiatives. The suggested lodging tax rate to be included in the ballot question is 1.6%. Details of this new concept are included below. Sample draft ballot language is also included in Attachment One. August 17, 2021 - Page 77 of 286 Town of Vail Page 2 IV. BALLOT MEASURES CONSIDERATIONS AND FEEDBACK Housing A dedicated source of funding for housing programs, developments and initiatives has been recommended. Two proposals for generating a dedicated revenue sources are outlined below: A. Sales Tax (Resolution No. 36; proposed Ballot Issue No. 1) ▪ The sales tax proposal includes an increase of 0.5% in the town's sales tax (from 4.0% to 4.5%) and would apply to both local residents and guests when purchasing goods and services in Vail. ▪ Per $100 purchase, this incremental tax increase would cost guests and residents 50 cents. ▪ The proposal exempts collecting the increased tax rate on food for home consumption. ▪ It is estimated that a .05 cent additional tax rate would generate approximately $4.3 million per year to invest in housing programs, developments and initiatives. While this amount will alone will not solve the housing crisis, it will go a long way when combined with other funding solutions such as a future fee on short term rentals, public-private partnerships, construction mitigation and commercial and residential linkage fees, to name a few. ▪ Funds collected from the increase in sales tax could be invested in town and down valley. ▪ The online voter opinion survey provided data measuring support for the ballot measure at 52% before being informed why the measure is being proposed and how the funds would be spent. After being informed, voter support for the sales tax question increased to 57%. Magellan Strategies reported to Council on August 3 the survey findings indicated a good probability the housing ballot measure would be approved by Vail voters. ▪ Voters in support of the housing ballot measure voiced overwhelming sentiment that “access to housing is at a crisis and caused by the growth of short-term rentals; locals are being driven out of the housing market and out of the Vail community; and their quality of life being seriously at risk”. ▪ Voter in opposition to the ballot measure held the viewpoints that “short term rentals users and part-time homeowners should be taxed directly rather than increasing the sales tax which hurts locals; increase wages first and require housing to be provided by employers; and current tax burden is too high already”. Other sentiment included taxing locals to pay for housing is burdensome with the increase in cost of living, and in particular childcare. ▪ Voter approval of the housing ballot measure would require a robust and thorough campaign that educates and informs voters of how the funds would be used to address housing. Voter approval would also be more likely if there is unanimous support from Council. Town staff and Magellan Strategies recommend asking Vail voters to increase the sales tax to be used as a dedicated funding source for housing considering the favorable results from the online voter opinion survey. August 17, 2021 - Page 78 of 286 Town of Vail Page 3 B. Lodging Tax (Resolution No. 37; proposed Ballot Issue No. 3) ▪ The newly proposed lodging tax would levy 1.6% of the total purchase price paid and impacts overnight guests staying in Vail’s lodging. ▪ It is estimated that a 1.6% new lodging tax would generate $4.5 million per year. For a room night cost of $500, this would increase the price paid by $8. ▪ A significant disadvantage of moving forward with this ballot measure is that questions were not included as part of the online voter opinion survey of and there is no knowledge of what level of support the question would get. ▪ The imposition of a new tax on the lodging industry was not supported by the Vail Economic Advisory Council members (discussed at their Tuesday, August 10 meeting) because only one segment of the business community would be impacted. ▪ Raising taxes on lodging would circumvent a separate increase (or later ballot question) in lodging taxes for the purposes of year-round marketing and special events. Town staff and Magellan Strategies do not support asking Vail voters to impose a new tax on lodging to be used as a dedicated funding source for housing because the ballot measure has not been tested in a voter opinion survey or discussed in-depth with lodging and business community groups. Even mild opposition to this ballot measure or less than enthusiastic support from these communities would decrease the probability of voter approval. Year-round Marketing/Special Events A dedicated source of funding for year-round marketing and special events has been recommended. One proposal for generating additional revenue sources to achieve the objectives of funding year-round marketing and events is outlined below. This tax is collected by the Vail Local Marketing District and has specific statutory guidelines for its use, such as 1) funding the organization, promotion, marketing and management of public events, 2) funding activities in support of business recruitment, management and development, 3) coordinating tourism promotion activities. A. Promotion and Marketing Tax (Vail Local Marketing District Resolution No. 4; proposed Ballot Issue No. 2) ▪ The proposed change to the current lodging tax would levy an additional 2.2% of the total purchase price paid and would impact overnight guests staying in Vail’s lodging. Total Vail lodging tax would be increased from the current rate of 1.4% to 3.6%. ▪ It is estimated that the incremental 2.2% would generate $6.2 million per year. For a room night cost of $500, this would increase the price paid by $11. ▪ The 2.2% tax increase on the lodging was supported by the VEAC members (discussed at their Tuesday, August 10 meeting) noting the importance of long-term reliability of marketing and special event dollars as well as the desire to focus on bringing the right guest at the right time, not simply more guests. August 17, 2021 - Page 79 of 286 Town of Vail Page 4 ▪ The survey measured voter support for this ballot measure at 54% on the informed and uninformed ballot questions. ▪ The probability of voter approval for the lodging tax increase is estimated at 50%, considering likely voters are uninformed of an upcoming destination stewardship plan designed to better manage visitation. ▪ Voter support for the ballot measure was primarily driven by the belief that more tourism would generate a robust local economy, better job market, and funds for town services, and the tax does not directly impact voters (residents). ▪ Voter opposition to the ballot measure included remarks such as: increasing the marketing budget doesn’t make sense with housing and employee shortages at crisis levels; address housing crisis before increasing marketing budget; and growing tourism will only accelerate decline and erosion of the quality of life in Vail. • The incremental increase in the revenue generated from the tax would help to cover the costs for special event programs and which would free up funds to support core municipal services (estimated $2.2 M), such as police and fire protection, public works and streets, planning and building, transit and parking, and library services. • Voter approval for this ballot initiative would require a very robust campaign effort that included messaging educating voters of a forthcoming “visitor mitigation plan” that would focus funding towards sustainably balancing the peaks and valleys of Vail’s tourism. Town staff and Magellan Strategies recommend asking the Vail voters to increase the promotion and marketing tax (aka lodging tax) to be used as a dedicated funding source for year-round marketing and special events. Although there is a risk voters would reject the ballot measure due to the negative impacts of increased tourism, the survey measured a majority of 54% would approve the ballot measure. Council unity for this ballot measure would also increase probability of voter approval. Regardless of the final language adopted, the town staff recommends strong and robust campaigns to help educate the community about the tax measures which propose dedicated funding sources to be used for housing and marketing/special events. V. ACTION REQUESTED OF COUNCIL The Town Council is asked to take formal action or no action on each of the resolutions identified below. Note the Council would meet as the VLMD at the end of the regular evening meeting to take formal action on VLMD Resolution No. 4. • Resolution No. 36, Series 2021, Sales Tax Increase as Dedicated Funding Source for Housing • Resolution No. 37, Series 2021, Impose New Lodging Tax as Dedicated Funding Source for Housing • Vail Local Marketing District Resolution No. 4, Series 2021, Promotion and Marketing Tax Increase as Dedicated Funding Source for Year-round marketing and special events VI. ATTACHMENTS ✓ Attachments include Resolutions with Ballot Language August 17, 2021 - Page 80 of 286 1 8/11/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\SALES TAX-R081121.DOCX RESOLUTION NO. 36 SERIES OF 2021 A RESOLUTION OF THE VAIL TOWN COUNCIL SUBMITTING A BALLOT ISSUE TO THE REGISTERED ELECTORS OF THE TOWN AT THE TOWN'S REGULAR ELECTION ON NOVEMBER 2, 2021 WHEREAS, the Town Council wishes to submit a ballot issue to the registered electors of the Town at the Town's regular election on November 2, 2021. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: Section 1. The following ballot issue shall be submitted to the registered electors of the Town of Vail at the November 2, 2021 regular election: SHALL TOWN OF VAIL TAXES BE INCREASED $4,300,000 IN THE FIRST FISCAL YEAR AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY AN INCREASE OF 0.5% IN THE TOWN'S EXISTING SALES TAX (FROM 4.0% TO 4.5%), TO TAKE EFFECT ON JANUARY 1, 2022; EXCEPT THAT FOOD FOR HOME CONSUMPTION SHALL BE EXEMPT FROM SUCH TAX INCREASE; WITH THE REVENUES FROM SUCH TAX INCREASE TO BE USED TO FUND HOUSING INITIATIVES, HOUSING DEVELOPMENTS AND HOUSING PROGRAMS AND RELATED ACTIVITIES INSIDE AND OUTSIDE THE TOWN; AND SHALL THE REVENUES FROM SUCH TAX INCREASE AND ANY INVESTMENT EARNINGS THEREON BE COLLECTED AND SPENT BY THE TOWN FOR THE ABOVE-STATED PURPOSES AS A VOTER- APPROVED REVENUE CHANGE, WITHOUT REGARD TO ANY SPENDING, REVENUE-RAISING OR OTHER LIMITATION CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? Yes ___ No ___ INTRODUCED, READ, APPROVED AND ADOPTED THIS 17th day of August, 2021. ______________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk August 17, 2021 - Page 81 of 286 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No. 37, S eries of 2021, A Resolution of the Vail Town Council submitting a ballot issue to the registered electors of the Town at the Town's Regular E lection on November 2, 2021 P RE S E NT E R(S ): S cott Robson, Town Manager, David F laherty, Magellan Strategies and David Cunningham, S ummit I nformation Services AC T IO N RE Q UE S T E D O F C O UNC I L: Review resolution outlining ballot question and make determination about submitting the question to the Vail voters in the upcoming November 2 election. B AC K G RO UND: Town Council will consider the resolution addressing a ballot question for imposing a new tax, that would levy a new lodging tax of 1.6% of the total purchase price paid, charged or received for any hotel room, motel room, lodging room, lodging house room, motor hotel room, guest house room, guest ranch room, trailer coach, mobile home, auto camp, short- term rental, or other similar temporary accommodation of less than 30 consecutive days within the town, with the revenues from such tax increase to be used to fund housing initiatives, housing developments and housing programs and related activities inside and outside the town. AT TAC H ME N TS: Description Memo Proposed Ballot Measures Discussion 081721 Resolution 37, Series 2021 August 17, 2021 - Page 82 of 286 To: Vail Town Council From: Town Manager’s Office, Economic Development Director, Housing Director, Communications Director, Finance Director, Magellan Strategies Date: August 17, 2021 Subject: Discussion about Proposed Tax Measures for November Ballot as Dedicated Funding for Housing and Year-Round Marketing/Special Events Initiatives I. SUMMARY The Town Council is asked to discuss the direction they would like to take regarding the submittal of ballot questions for the November election addressing dedicated funding sources for two initiatives, housing, and year-round marketing/special events. The Town would need to certify ballot questions to the Eagle County Clerk and Recorder’s Office no later than September 3. The Town Council is asked to review and approve the ballot text with resolutions if the decision is made to proceed with asking the voters about the measures at the November election. Council is asked to consider making the decision that evening to meet the ballot certification deadline or indicate the need for a special meeting prior to September 3 if further discussion is warranted. The Town Council would consider the sales tax increase question and the Vail Local Marketing District would consider the marketing and promotion tax increase question. II. BACKGROUND The Town of Vail engaged Magellan Strategies and Summit Information Services to assist in facilitating community outreach meetings to gather feedback and opinions about the town’s housing and marketing efforts as well as opportunities to address additional funding sources. Initial findings were presented to Town Council on June 1. The community outreach plan implemented over the last few months has yielded important insights and opinions about the two town initiatives on housing and year-round marketing. On August 3, Magellan Strategies presented the results of a voter survey on the two ballot initiatives and on June 1, they presented a summary of the input received from the initial outreach meetings. III. DISCUSSION UPDATE FROM AUGUST 3, 2021 Council directed staff to return at the August 17 meeting with resolutions and ballot text for the two measures initially outlined for voters. In addition, during the August 3 meeting, there was a proposal supported by council members to consider a third ballot measure that would ask voters to impose a new tax on lodging rooms that would generate revenues to pay for housing programs and initiatives. The suggested lodging tax rate to be included in the ballot question is 1.6%. Details of this new concept are included below. Sample draft ballot language is also included in Attachment One. August 17, 2021 - Page 83 of 286 Town of Vail Page 2 IV. BALLOT MEASURES CONSIDERATIONS AND FEEDBACK Housing A dedicated source of funding for housing programs, developments and initiatives has been recommended. Two proposals for generating a dedicated revenue sources are outlined below: A. Sales Tax (Resolution No. 36; proposed Ballot Issue No. 1) ▪ The sales tax proposal includes an increase of 0.5% in the town's sales tax (from 4.0% to 4.5%) and would apply to both local residents and guests when purchasing goods and services in Vail. ▪ Per $100 purchase, this incremental tax increase would cost guests and residents 50 cents. ▪ The proposal exempts collecting the increased tax rate on food for home consumption. ▪ It is estimated that a .05 cent additional tax rate would generate approximately $4.3 million per year to invest in housing programs, developments and initiatives. While this amount will alone will not solve the housing crisis, it will go a long way when combined with other funding solutions such as a future fee on short term rentals, public-private partnerships, construction mitigation and commercial and residential linkage fees, to name a few. ▪ Funds collected from the increase in sales tax could be invested in town and down valley. ▪ The online voter opinion survey provided data measuring support for the ballot measure at 52% before being informed why the measure is being proposed and how the funds would be spent. After being informed, voter support for the sales tax question increased to 57%. Magellan Strategies reported to Council on August 3 the survey findings indicated a good probability the housing ballot measure would be approved by Vail voters. ▪ Voters in support of the housing ballot measure voiced overwhelming sentiment that “access to housing is at a crisis and caused by the growth of short-term rentals; locals are being driven out of the housing market and out of the Vail community; and their quality of life being seriously at risk”. ▪ Voter in opposition to the ballot measure held the viewpoints that “short term rentals users and part-time homeowners should be taxed directly rather than increasing the sales tax which hurts locals; increase wages first and require housing to be provided by employers; and current tax burden is too high already”. Other sentiment included taxing locals to pay for housing is burdensome with the increase in cost of living, and in particular childcare. ▪ Voter approval of the housing ballot measure would require a robust and thorough campaign that educates and informs voters of how the funds would be used to address housing. Voter approval would also be more likely if there is unanimous support from Council. Town staff and Magellan Strategies recommend asking Vail voters to increase the sales tax to be used as a dedicated funding source for housing considering the favorable results from the online voter opinion survey. August 17, 2021 - Page 84 of 286 Town of Vail Page 3 B. Lodging Tax (Resolution No. 37; proposed Ballot Issue No. 3) ▪ The newly proposed lodging tax would levy 1.6% of the total purchase price paid and impacts overnight guests staying in Vail’s lodging. ▪ It is estimated that a 1.6% new lodging tax would generate $4.5 million per year. For a room night cost of $500, this would increase the price paid by $8. ▪ A significant disadvantage of moving forward with this ballot measure is that questions were not included as part of the online voter opinion survey of and there is no knowledge of what level of support the question would get. ▪ The imposition of a new tax on the lodging industry was not supported by the Vail Economic Advisory Council members (discussed at their Tuesday, August 10 meeting) because only one segment of the business community would be impacted. ▪ Raising taxes on lodging would circumvent a separate increase (or later ballot question) in lodging taxes for the purposes of year-round marketing and special events. Town staff and Magellan Strategies do not support asking Vail voters to impose a new tax on lodging to be used as a dedicated funding source for housing because the ballot measure has not been tested in a voter opinion survey or discussed in-depth with lodging and business community groups. Even mild opposition to this ballot measure or less than enthusiastic support from these communities would decrease the probability of voter approval. Year-round Marketing/Special Events A dedicated source of funding for year-round marketing and special events has been recommended. One proposal for generating additional revenue sources to achieve the objectives of funding year-round marketing and events is outlined below. This tax is collected by the Vail Local Marketing District and has specific statutory guidelines for its use, such as 1) funding the organization, promotion, marketing and management of public events, 2) funding activities in support of business recruitment, management and development, 3) coordinating tourism promotion activities. A. Promotion and Marketing Tax (Vail Local Marketing District Resolution No. 4; proposed Ballot Issue No. 2) ▪ The proposed change to the current lodging tax would levy an additional 2.2% of the total purchase price paid and would impact overnight guests staying in Vail’s lodging. Total Vail lodging tax would be increased from the current rate of 1.4% to 3.6%. ▪ It is estimated that the incremental 2.2% would generate $6.2 million per year. For a room night cost of $500, this would increase the price paid by $11. ▪ The 2.2% tax increase on the lodging was supported by the VEAC members (discussed at their Tuesday, August 10 meeting) noting the importance of long-term reliability of marketing and special event dollars as well as the desire to focus on bringing the right guest at the right time, not simply more guests. August 17, 2021 - Page 85 of 286 Town of Vail Page 4 ▪ The survey measured voter support for this ballot measure at 54% on the informed and uninformed ballot questions. ▪ The probability of voter approval for the lodging tax increase is estimated at 50%, considering likely voters are uninformed of an upcoming destination stewardship plan designed to better manage visitation. ▪ Voter support for the ballot measure was primarily driven by the belief that more tourism would generate a robust local economy, better job market, and funds for town services, and the tax does not directly impact voters (residents). ▪ Voter opposition to the ballot measure included remarks such as: increasing the marketing budget doesn’t make sense with housing and employee shortages at crisis levels; address housing crisis before increasing marketing budget; and growing tourism will only accelerate decline and erosion of the quality of life in Vail. • The incremental increase in the revenue generated from the tax would help to cover the costs for special event programs and which would free up funds to support core municipal services (estimated $2.2 M), such as police and fire protection, public works and streets, planning and building, transit and parking, and library services. • Voter approval for this ballot initiative would require a very robust campaign effort that included messaging educating voters of a forthcoming “visitor mitigation plan” that would focus funding towards sustainably balancing the peaks and valleys of Vail’s tourism. Town staff and Magellan Strategies recommend asking the Vail voters to increase the promotion and marketing tax (aka lodging tax) to be used as a dedicated funding source for year-round marketing and special events. Although there is a risk voters would reject the ballot measure due to the negative impacts of increased tourism, the survey measured a majority of 54% would approve the ballot measure. Council unity for this ballot measure would also increase probability of voter approval. Regardless of the final language adopted, the town staff recommends strong and robust campaigns to help educate the community about the tax measures which propose dedicated funding sources to be used for housing and marketing/special events. V. ACTION REQUESTED OF COUNCIL The Town Council is asked to take formal action or no action on each of the resolutions identified below. Note the Council would meet as the VLMD at the end of the regular evening meeting to take formal action on VLMD Resolution No. 4. • Resolution No. 36, Series 2021, Sales Tax Increase as Dedicated Funding Source for Housing • Resolution No. 37, Series 2021, Impose New Lodging Tax as Dedicated Funding Source for Housing • Vail Local Marketing District Resolution No. 4, Series 2021, Promotion and Marketing Tax Increase as Dedicated Funding Source for Year-round marketing and special events VI. ATTACHMENTS ✓ Attachments include Resolutions with Ballot Language August 17, 2021 - Page 86 of 286 1 8/11/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\LODGING TAX-R081121.DOCX RESOLUTION NO. 37 SERIES OF 2021 A RESOLUTION OF THE VAIL TOWN COUNCIL SUBMITTING A BALLOT ISSUE TO THE REGISTERED ELECTORS OF THE TOWN AT THE TOWN'S REGULAR ELECTION ON NOVEMBER 2, 2021 WHEREAS, the Town Council wishes to submit a ballot issue to the registered electors of the Town at the Town's regular election on November 2, 2021. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: Section 1. The following ballot issue shall be submitted to the registered electors of the Town of Vail at the November 2, 2021 regular election: SHALL TOWN OF VAIL TAXES BE INCREASED $4,500,000 IN THE FIRST FISCAL YEAR AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY THE LEVY OF A NEW LODGING TAX OF 1.6% OF THE TOTAL PURCHASE PRICE PAID, CHARGED OR RECEIVED FOR ANY HOTEL ROOM, MOTEL ROOM, LODGING ROOM, LODGING HOUSE ROOM, MOTOR HOTEL ROOM, GUEST HOUSE ROOM, GUEST RANCH ROOM, TRAILER COACH, MOBILE HOME, AUTO CAMP, SHORT-TERM RENTAL, OR OTHER SIMILAR TEMPORARY ACCOMMODATION OF LESS THAN 30 CONSECUTIVE DAYS WITHIN THE TOWN, TO TAKE EFFECT ON JANUARY 1, 2022; WITH THE REVENUES FROM SUCH NEW TAX TO BE USED TO FUND HOUSING INITIATIVES, HOUSING DEVELOPMENTS AND HOUSING PROGRAMS AND RELATED ACTIVITIES INSIDE AND OUTSIDE THE TOWN; AND SHALL THE REVENUES FROM SUCH NEW TAX AND ANY INVESTMENT EARNINGS THEREON BE COLLECTED AND SPENT BY THE TOWN FOR THE ABOVE-STATED PURPOSES AS A VOTER- APPROVED REVENUE CHANGE, WITHOUT REGARD TO ANY SPENDING, REVENUE-RAISING OR OTHER LIMITATION CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? Yes ___ No ___ INTRODUCED, READ, APPROVED AND ADOPTED THIS 17th day of August, 2021. ______________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk August 17, 2021 - Page 87 of 286 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordinance No. 16, Series of 2021 - An Ordinance A pproving Amendments to S pecial Development District No. 43, Highline Double Tree P RE S E NT E R(S ): Greg Roy, Planner AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with modifications, or deny Ordinance No. 16, S eries of 2021, upon first reading. B AC K G RO UND: The P E C heard an application for a minor subdivision on the Highline Double Tree property on March 8th of 2020 and approved the plat. T hat plat, however, was not recorded and an adjustment to the lot line was needed. For this reason, a subsequent minor subdivision application was received. At the J uly 26th P E C meeting the conditional use permit for the commercial spaces was approved as well as the latest minor subdivision application. The P E C also recommended approval of the S D D amendment with a vote of 4-2 (Perez and Pratt opposed). The opposed commissioners were concerned with the extended approval timeline. S TAF F RE C O M M E ND AT IO N: A pprove, approve with modifications, or deny Ordinance No. 16, S eries of 2021, upon first reading. AT TAC H ME N TS: Description Ordinance No. 16 Staff Memorandum Attachment A. Vicinity Map Attachment B. Applicant Narrative, 6-28-2021 Attachment C. Plan Set Part 1 Attachment C. Plan Set Part 2 Attachment C. Plan Set Part 3 Attachment D. P E C Minutes 072621 Attachment E. Staff Memorandum - P E C21-0018 Attachment F. Ordinance No. 16, Series of 2021 Presentation August 17, 2021 - Page 88 of 286 TO: Town Council FROM: Community Development Department DATE: August 17, 2021 SUBJECT: First reading of Ordinance No. 16, Series of 2021 an ordinance amending Special Development District (SDD) No. 43, Highline Doubletree, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to create a phasing plan, clarify conditions, and request an extension to the approval period, located at 2211 North Frontage Road West which is composed of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, and setting forth details in regard thereto. (PEC21-0018) Applicant: TNFREF III Bravo Vail LLC represented by Mauriello Planning Group & Triumph Development Planner: Greg Roy I. SUMMARY The applicant, TNFREF lll Bravo Vail LLC, represented by Mauriello Planning Group and Triumph Development, is requesting approval for a major amendment to Special Development District (SDD) No. 43, Highline Doubletree, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to create a phasing plan, clarify conditions, and request an extension to the approval period, located at 2211 North Frontage Road West which is composed of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3. The Planning and Environmental Commission held a public hearing on the proposed SDD on July 26, 2021 where a recommendation for approval was forwarded to the Vail Town Council by a vote of 4-2 (Perez and Pratt opposed). Please find the staff memorandum to the PEC, included as Attachment E, and the minutes from the July 26 meeting (Attachment D) attached to this report. II. ACTION REQUESTED OF TOWN COUNCIL August 17, 2021 - Page 89 of 286 Town of Vail Page 2 The Vail Town Council shall approve, approve with m odifications, or deny Ordinance No. 16, Series of 2021, upon first reading. III. DESCRIPTION OF REQUEST The applicant is requesting three amendments to the approved Special Development District. The first change would be to create a phasing plan. Initially the development was to be done at one time and the applicant now wishes to develop the property in two phases. The second change is to amend the original conditions of approval. Some have been completed, and others are no longer relevant. The third change is to extend the approval period. The standard approval period is three years from approval of the SDD. The applicant is requesting three years from approval of this amendment to begin construction of phase 1 and five years from the approval to begin construction of phase 2. Attached for review are: A. Vicinity Map B. Applicant Narrative, 6-28-2021 C. Plan Set, 6-28-2021 D. PEC Minutes from Meeting on 7-26-2021 E. Staff Memorandum – PEC21-0018 7-26-2021 F. Ordinance No. 16, Series of 2021 III. BACKGROUND In 1980, the hotel was built under Eagle County jurisdiction and was annexed into the Town of Vail per Ordinance No. 43, Series 1980 and the zoned Commercial Core 3 (CC3) within the required ninety days. The Ordinance was later overturned by the Colorado Court of Appeals due to a lack on contiguity. It was then annexed again with Ordinance No. 1, Series 1986 and was again zoned CC3 with Ordinance No. 10, Series of 1986. Over time there have been multiple application for small remodels or exterior alterations. Most recently was an exterior alteration that allowed for the restriping of the parking lot, pool upgrades, and exterior facade upgrades to the building in 2016. This application was discussed before the PEC as part of a work session on December 9th, 2019. The Design Review Board also reviewed a conceptual application on December 18th, 2019. This application was scheduled to be heard on March 23rd but was tabled to the April 13th meeting where the major exterior alteration was approved and the rezoning and SDD application was recommended for approval to Town Council. Town Council heard Ordinance No. 3 for the rezoning on June 2, 2020 and June 16, 2020 for the first and second reading, respectively. This application along with Ordinance No. 4 for the creation of the SDD, which was heard at the same meetings were passed by Town Council. August 17, 2021 - Page 90 of 286 Town of Vail Page 3 The PEC heard an application for a minor subdivision on this property on March 8 th of 2020 and approved the plat. That plat, however, was not recorded and an adjustment to the lot line was needed. For this reason, a subsequent minor subdivision application was received. At the July 26th PEC meeting the conditional use permit for the commercial spaces was approved as well as the latest minor subdivision application. The PEC also recommended approval of the SDD amendment with a vote of 4-2 (Perez and Pratt opposed). The opposed commissioners were concerned with the extended approval timeline. lV. REVIEW CRITERIA Criteria: The following design criteria shall be used as the principal criteria in evaluation the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that the submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable or that a practical solution consistent with the public interest has been achieved: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The proposed SDD amendment is generally compatible and sensitive to the immediate environment, neighborhood, and adjacent properties. The proposed phasing plan shows that the phase one portion of the SDD will be able to be constructed in a way that will fit into the current site without the full redevelopment constructed. This is an important criteria for phased projects to ensure that the built environment will continue to function for the time in-between phases. There are no design changes that would affect the compatibility with the neighborhood or adjacent properties. Staff finds that this criterion is met. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The SDD amendment does not propose a change in the use, or activity on the site. Density in terms of residential use will be decreased with this application. In terms of building density as site coverage, the application does not propose any new density that has not already been approved. Staff finds that this criterion is met. 3. Parking And Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. August 17, 2021 - Page 91 of 286 Town of Vail Page 4 The phasing of this project would put the EHU building construction before the hotel addition. This would preserve the existing parking at the northwest of the site and maintains enough parking for the existing hotel and the EHU building. Staff finds that this criterion is met. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. The application would be forwarding the Goal #4 of the Land Use and Development section of the comprehensive plan if the employee housing building would be in addition to required employee housing. The applicant is proposing to build this as a mitigation bank so that future developments that are unable to build the necessary units on their site can buy into the mitigation bank to satisfy their requirement. The application is leaving two one-bedroom units and two three-bedroom units out of the bank as a true benefit that cannot be credited towards another development. Having these additional units puts the Town closer to achieving its goals for providing housing. This amendment also proposes to build the EHU building prior to the hotel addition which provides the most benefit in terms of timing. Staff finds that this criterion is met. 5. Natural and/or geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. There are steep slopes, hazardous rock fall, and debris flow that affect this property. The applicant supplied a report on these hazards. The report states that a site specific study would need to be completed for debris flow to suggest the needed mitigation for the site, and that the rock fall hazard was low for this site. A site specific study for all geologic hazards will be required prior to building permit. Staff finds that this criterion is met. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Phase two, which represents the completion of the project has been f ound to meet this criterion with the original approval. The phase one plan has been found to also produce a functional development. The EHU building will be set in the established location at the rear of the site. This allows for access to the parking in the northwest of the project to be maintained and allows appropriate spacing between the EHU building and the existing hotel. The stairs to the east of the EHU building and the sidewalk along Chamonix Lane August 17, 2021 - Page 92 of 286 Town of Vail Page 5 will be built with phase one, which allows the occupants of the of the EHU building to have access to the parking lot to the south, to the bus stop to the east and provide a walking path for occupants and other residents in the area along Chamonix Lane. Conformance with zoning standards such as setbacks, height, snow storage and landscaping are maintained with the phased approach to this project. Design features for the buildings and how the phases align architecturally will be in the purview of the Design Review Board when an application for their approval is submitted. Staff finds that this criterion is met. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. Sufficient pedestrian access is maintained with this application. The sidewalk along Chamonix Ln, will improve off-site circulation adjacent to the phase one development. The stairs to the east of the EHU building will provide access for those residents to the interior of the site. The interior sidewalks and striping will be included in phase two, which will further improve safe pedestrian flow through the site. Vehicular circulation is not significantly changing from the existing with the phase one development. The most significant change from existing is the loss of parking along the north where the EHU building will be built and the access to the parking in the northwest of the site. Minimum drive aisles are maintained from the parking on the east that lead to the parking on the northwest. Staff finds that this criterion is met. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The phase one landscaping includes three twelve-foot tall blue spruces in the plan. Two are in the area between Chamonix Lane and the building. The PEC has asked in previous meetings that vegetation be used to screen the building from the roadway, and that appears to be the intent in the distribution of the trees in the front of the site. Phase two landscaping takes a similar approach and proposes a majority of new plantings between the hotel addition and the road, with a heavy screen along Chamonix Lane. Staff finds that this criterion is met. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. August 17, 2021 - Page 93 of 286 Town of Vail Page 6 The phasing plan for this SDD is workable and functional. As there are only two phases, the primary focus is whether phase one fits in with the existing conditions before phase two is built and completes the site. As previously stated, the EHU building and other phase one improvements fit in with the existing conditions and will provide a workable plan. Staff finds that this criterion is met. V. RECOMMENDED MOTION Should the Vail Town Council choose to approve, with conditions, Ordinance No. 16, Series of 2021, upon first reading, the Planning and Environmental Commission recommends the Council pass the following motion: “The Vail Town Council approves, with conditions, on first reading, Ordinance No. 16, Series of 2021 an ordinance amending Special Development District No. 43 (Highline Double Tree), pursuant to Section 12-9A-10 Amendment Procedures, Vail Town Code, on the parcel which is composed of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3 and setting forth details in regard thereto”. Should the Vail Town Council choose to approve, with conditions, Ordinance No. 16, Series of 2021, the Planning and Environmental Commission recommends the Council applies the following conditions: a. Applicant shall obtain the certificate of occupancy for the Employee Housing Unit ("EHU") building before Applicant requests a certificate of occupancy for the hotel addition. b. Applicant shall obtain approval of an associated design review application. c. Applicant shall obtain approval from Holy Cross to vacate the easement under the proposed hotel addition before a building permit is issued for the hotel addition. d. Applicant shall set aside two three-bedroom units and two one-bedroom units in the EHU building not to be included in the mitigation bank. e. Prior to the issuance of a certificate of occupancy, Applicant shall record deed restrictions with the Eagle County Clerk and Recorder, in a format approved by the Town Attorney, for the Type III EHUs. f. Applicant shall provide public art onsite with a value or at least $32,500 and the installation of the public art shall be completed before Applicant requests a certificate of occupancy for the hotel addition. August 17, 2021 - Page 94 of 286 Town of Vail Page 7 g. The Applicant shall correct plans to meet the comments from the Fire Department for Phase 1 and Phase 2 prior to the submittal of building permit applications permit for each phase. h. Applicant shall update all plan pages to match the latest submission prior to the submittal for the Design Review Board application for each phase of development. i. This approval is contingent upon the approval of the conditional use permit (PEC21-0019) and minor subdivision (PEC21-0030) being approved. j. Construction of Phase 1 shall begin within three years from the date of adoption of this Ordinance, and construction of Phase 2 shall begin prior to September 7, 2026. Should the Vail Town Council choose to approve Ordinance No. 16, Series of 2021, the Planning and Environmental Commission recommends the Council makes the following findings: “Based upon the review of the criteria outline in Section Vlll of the Staff memorandum to the Planning and Environmental Commission dated July 26th, 2021, and the evidence and testimony presented, the Vail Town Council finds: 1. That the SDD does comply with the standards listed in subsection A of this section; and 2. That the SDD is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the SDD does 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.” Vl. ATTACHMENTS A. Vicinity Map B. Applicant Narrative, 6-28-2021 C. Plan Set, 6-28-2021 D. PEC Minutes from Meeting on 7-26-2021 E. Staff Memorandum – PEC21-0018 7-26-2021 August 17, 2021 - Page 95 of 286 Town of Vail Page 8 F. Ordinance No. 16, Series of 2021 August 17, 2021 - Page 96 of 286 CHAMONIX LNN FRO NTA G E RD WCHAMONIX RDI 70 WestboundI 70 EastboundLOWERTRAVERSEWAYUPPERTRAVERSEWAYGARMISCHD R I70OFF-RAMP(173W ESTBOUND)S FRONTAGE RD WI 70 ON-RAMP (173 EASTBOUND)N FRONTAGE RD WI Subject Property 0 50 10025Feet H i g h l i n e - A D o u b l e t r e e H o t e lHighline - A D o u b l e t r e e H o t e lSpecial D e v e l o p m e n t D i s t r i c t A m e n d m e n t - P E C 2 1 -0 0 1 8Special D e v e l o p m e n t D i s t r i c t A m e n d m e n t - P E C 2 1 -0 0 1 8Conditional U s e P e r m i t - P E C 2 1 -0 0 1 9Conditional U s e P e r m i t - P E C 2 1 -0 0 1 9Minor S u b d i v i s i o n - P E C 2 1 -0 0 3 0Minor S u b d i v i s i o n - P E C 2 1 -0 0 3 02211 N o r t h F r o n t a g e R o a d W e s t2211 N o r t h F r o n t a g e R o a d W e s tLot 1 , V a i l D a s S c h o n e F i l i n g 3Lot 1 , V a i l D a s S c h o n e F i l i n g 3 This map was crea te d b y th e Town of Va il Community Deve lo pmen t Depa rtment. Use o f th is ma p sho uld b e fo r gen era l pu rp oses o nly.The Town o f Vail do es not warran t the accuracy o f the in fo rmation co ntained he rein.(whe re shown, parcel lin e w ork is ap pro ximate) Last Modified: July 14, 2021August 17, 2021 - Page 97 of 286 Highline, A DoubleTree by Hilton Submitted to the Town of Vail: April 2021 Revised June 2021 Application for an Amendment to a Special Development District August 17, 2021 - Page 98 of 286 Consultant Directory Developer/Owner Mark Mutkoski TNREF III Bravo Vail, LLC ℅ True North Management Group, LLC 10 Bank Street, 12 Floor White Plains, NY 10606 Planning and Entitlements Dominic Mauriello Mauriello Planning Group PO Box 4777 Eagle, CO 81657 970-376-3318 dominic@mpgvail.com Architect Bill Pierce and Kit Austin Pierce Austin Architects 1650 Fallridge Road, Suite C-1 Vail, CO 81657 970.476.6342 Civil Engineering Matt Wadey, P.E. Alpine Engineering Inc. 34510 Highway 6, Unit A-9 Edwards, CO 81632 970.926.3373 Highline, A DoubleTree by Hilton 2 August 17, 2021 - Page 99 of 286 Table of Contents Consultant Directory 2 Highline SDD Amendment Requests 6 Phase 2 Zoning Analysis / SDD Allowances (no changes proposed) 9 Parking Rates Per SDD Approval (no changes proposed) 11 Parking Management Plan - Phase 2 12 Phase 1 Zoning Analysis of Development of Lot 2 15 Criteria for Review: Special Development District Amendment 18 Highline, A DoubleTree by Hilton 3 August 17, 2021 - Page 100 of 286 Introduction Highline, a DoubleTree by Hilton (Highline hereafter), is requesting an application for an amendment to the SDD for the Highline in order to: clarify the phasing of the development, assigning certain improvements to the hotel expansion (Lot 1) versus the workforce housing building (Lot 2); clarifying some conditions of approval; requesting an extension to the approval period for the SDD; and correcting the SDD number assigned to the SDD. The SDD for the Highline was approved on June 12, 2020, and included the following: Expansion of the hotel with the addition of 79 hotel rooms and 19 limited service lodge units (hotel rooms with kitchens) for a total of 195 hotel units approved onsite; Conversion of commercial space to create a 12 bedroom EHU dormitory; Expansion of the conference room space by 4,590 sq. ft. for a total of 7,666 sq. ft.; A new parking garage and revisions to the existing surface parking areas; and Deed restricted employee housing building with 15 Type 3 units (for sale or rental units) located on Lot 2. Highline, A DoubleTree by Hilton 4 Highline Location Map West Vail Commercial Chamonix Employee HousingAugust 17, 2021 - Page 101 of 286 The applicant is in the process of platting the property whereby Lot 1 is the hotel parcel and Lot 2 is the workforce housing parcel per the plat shown below: Highline, A DoubleTree by Hilton 5 August 17, 2021 - Page 102 of 286 Highline SDD Amendment Requests Phasing of the SDD: During the original approval process it was anticipated that the Highline expansion and the workforce housing structure would be developed at the same time and included a requirement that the workforce housing building receive a CO before or simultaneously with the hotel. Due to the lingering effects of Covid 19, including the inability to finance a hotel expansion, it is uncertain when the hotel expansion will occur but is likely in the next 5 years but there is interest in developing the 15 unit workforce housing building immediately. This is a positive change, as the Town obtains the more significant public benefits of the project up front. This concept was not reviewed as part of the original approval and therefore it was determined by staff that a major amendment to the SDD is required to identify which of the improvements would be necessary if the workforce housing building was developed first. Most of the required improvements were generated by the expansion of the hotel, including the extensive parking lot improvements, pedestrian improvements along Chamonix Road (west side of the property), etc. It would not be appropriate to require these of the workforce housing building. The applicant believes that only the following improvements should be required with the 15 unit workforce housing building located on Lot 2, Highline Subdivision (as shown on the phasing plan): All landscape improvements located on Lot 2 except as modified by phase 2 along the south side where the future driveway is graded differently than the phase 1 driveway resulting in a slightly different landscape treatment; Sidewalk and parking improvements in front of the workforce housing building along Chamonix Lane to the existing bus stop and to the intersection with Chamonix Road; and The stairs down to the parking lot from Chamonix Lane. The final plat requires the 15 required parking spaces be accommodated on Lot 1 (one is located along Chamonix Lane). There is excess parking available to accommodate this parking. The plat will also establish the 6 ft. wide pedestrian easement along the east property line of the entire site. Additionally, prior to the expansion of the hotel, any improvements within the existing structures located on the property may occur without the implementation of the full phase 2 plans. As an example, the conversion of the existing office space to the employee housing dormitory may occur without the full improvements of phase 2 being triggered. Highline, A DoubleTree by Hilton 6 August 17, 2021 - Page 103 of 286 Conditions of Approval: The following conditions were required as part of the original SDD approval. The applicant is proposing revisions as outlined in underline and strikethrough. The changes proposed reflect conditions that have already been satisfied and changes to clarify when certain improvements are required. 1.Applicant shall obtain approval for subdivision before a certificate of occupancy for the EHU building is granted. (this condition will be satisfied with the proposed final plat which will be acted upon prior to Town Council approval of this SDD amendment) 2.The applicant shall obtain the certificate of occupancy for the EHU building before requesting a certificate of occupancy for the hotel addition. 3.Approval is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. 4.The applicant shall obtain approval for a conditional use permit for the commercial space on the first floor before a building permit is issued. (this condition will have already been satisfied) 5.Applicant shall obtain approval from Holy Cross to vacate the easement under the proposed hotel addition before a building permit is issued for the hotel addition. 6.Applicant shall set aside two (2) three-bedroom units and two (2) one-bedroom units in the EHU building not to be included in the mitigation bank. 7.Prior to the issuance of any certificate of occupancy for the EHU building, the applicant shall record deed restrictions with the Eagle County Clerk and Recorder, in a format approved by the Town Attorney, for the Type III Employee Housing Units. 8.The applicant shall coordinate and resolve landscape conflicts with utilities and sight distance before a building permit is issued. (This condition has been satisfied.) 9.The applicant shall show the drainage outfall for Chamonix Lane swale in the building permit submittal. (This condition has been satisfied.) 10.The applicant shall provide a 2’ gravel shoulder along Chamonix Lane and side slopes of swale no steeper than 2:1. (This condition has been satisfied.) 11.Applicant shall increase AIPP contribution to provide public art onsite with a value of at least $32,500 and the installation of the public art shall be completed before a certificate of occupancy for the hotel addition is granted. Highline, A DoubleTree by Hilton 7 August 17, 2021 - Page 104 of 286 12.Applicant shall correct plans to meet the comments from the Fire Department prior to the submittal for a building permit. (This condition has been satisfied.) 13.Applicant shall update all plan pages to match the latest submission prior to the submittal for the Design Review Board application for each phase of development. Extension of Approval Period: The current SDD development plan will expire on June 15, 2023. The applicant is requesting that the approval period be extended an additional 3 years to June 15, 2026. This is due to the lingering impacts of Covid 19 on the ability to finance a hotel expansion. The year 2020 ended up being a loss of a year to appropriately plan for and finance the project and this is thus far also proving true for 2021. An extension for an additional 3 years should provide the applicant with ample time to develop the entire project. Correction of SDD Number: Ordinance No. 4, Series of 2020, for the Highline SDD indicated that this SDD would be numbered Special Development District No. 42. However, SDD No. 42 was already assigned to the Vail Mountain View Residences SDD. The Highline SDD should therefore be numbered as Special Development District No. 43. Highline, A DoubleTree by Hilton 8 August 17, 2021 - Page 105 of 286 Phase 2 Zoning Analysis / SDD Allowances (no changes proposed) Location: 2211 N. Frontage Rd. West/Lots 1 and 2, Highline Subdivision Parcel Number: 210311415017 Lot Size: 3.95 acres / 172,047 sq. ft. Zoning: SDD over Public Accommodation 2 (PA2) Development Standard Existing Proposed Lot Area 3.95 acres (rounded) 172,047 sq. ft. 3.95 acres (rounded) 172,047 sq. ft. Lodging and Residential Uses 97 AU 19 DU 176 AU 19 LSLU 12 EHU Dorm Units 15 EHUs (apartments) Commercial Uses (gross sq. ft.) 1,520 sq. ft. hotel retail 6,955 sq. ft. restaurant (2,277 sq. ft. of seating area) 4,500 sq. ft. office/commercial 1,520 sq. ft. hotel retail 6,955 sq. ft. restaurant 0 sq. ft. office/commercial (converted to EHU Dorm) Conference 3,076 sq. ft. gross area 2,666 sq. ft. conference seating area 7,666 sq. ft. gross area 6,616 sq. ft. conference seating area Parking 169 spaces 208 spaces Parking Enclosed 22.3% overall parking Valet Parking 51.62% of total parking Parking in the Front Setback Allowed by SDD Setbacks North - > 20 ft. East - > 20 ft. South - > 20 ft. West - > 20 ft. North - 20 ft. East - 20 ft. South - 20 ft. West - 20 ft. Trash/Recycle 12’ on Lot 2 Building Height 52 ft.52 ft. existing building 48 ft. new buildings Development Standard Highline, A DoubleTree by Hilton 9 August 17, 2021 - Page 106 of 286 Density 12 units per acre allowed Noncompliant with CC3 19 DU 97 AU Total: 116 “units” Uses do not count as density per code 176 AU 19 LSLU 12 EHU Dorm rooms 15 EHU apartments/condos GRFA 51,614 sq. ft. (30%) allowed 45,250 sq. ft. (26.3%) total 25,200 sq. ft. existing AUs 20,050 sq. ft. existing DUs 258,070.5 sq. ft. (150%) allowed 77,805 sq. ft. total 32,555 sq. ft. net new AUs 25,200 sq. ft. AUs existing 20,050 sq. ft. LSLU converted DUs EHU Floor Area 0 sq. ft.18,798 sq. ft. total 4,400 sq. ft. EHU Dorm 14,398 sq. ft. EHUs Site Coverage 68,818 sq. ft. (40%) allowed Existing 36,084 sq. ft. (21%) 111,830 sq. ft. (65%) allowed Proposed 62,070 sq. ft. (36%) Landscape Area 43,012 sq. ft. (25%) required 60,388 sq. ft. (35%) existing 51,614.1 sq. ft. (30%) required 53,946 sq. ft. (31.35%) proposed (with deviation and grasscrete area) Internal Parking Landscaping (10% of surface parking area) Paved area = 72,194 sq. ft. Internal Landscaping Required: 7,219.4 sq. ft. (10%) Internal Landscaping Existing: 6,564 sq. Ft. (9%) Paved area = 58,019 sq. ft. proposed Internal Landscaping Required: 5,802 sq. ft. (10%) Internal Landscaping Proposed: 12,715 sq. ft. (21.9%) (including grasscrete area) Snow Storage (30% of surface parking area) Paved Area: 72,194 sq. ft. Snow storage Required: 21,658.2 sq. ft. (30%) Snow Storage Existing: 23,210 sq. ft. (32%) sq. ft. Paved area (unheated) = 59,134 sq. ft. Paved area (heated) = 2,303 sq. ft. Snow storage Required: 16,945 sq. ft. (30%/10%) Snow storage Proposed: 17,189 sq. ft. (including grasscrete area) Trees allowed in snow storage areas Driveway Grades 10.6% centerline grade allowed for existing driveway 10% cross slope allowed for existing driveway Manmade Grades of greater than 40% Development allowed on grades greater than 40% Existing ProposedDevelopment Standard Highline, A DoubleTree by Hilton 10 August 17, 2021 - Page 107 of 286 *EHUs do not count towards density or GRFA. Parking Rates Per SDD Approval (no changes proposed) Below are the parking rates approved by the SDD for the Highline. The Multiple Use Reduction per Town Code is also allowed. Use Parking Rate Accommodation Unit 0.7 spaces per unit Limited Service Lodge Unit 0.7 spaces per unit Hotel Meeting Room Space No Additional Parking Requirement Hotel Restaurant/Bar No Additional Parking Requirement Hotel Oriented Service or Retail No Additional Parking Requirement 3rd Party Restaurant (seating area)1 space for 120 sq. ft. Employee Housing Dorm Unit 2.5 spaces Employee Housing Unit 1.06 spaces per unit Highline, A DoubleTree by Hilton 11 August 17, 2021 - Page 108 of 286 Parking Management Plan - Phase 2 Below is the approved parking management plan for the Highline. Parking Summary (completion of both phases): Total parking provided: 208 spaces Total parking proposed as required: 175 Total valet spaces: 111 (53.3% of total) Total enclosed spaces: 48 (23% of total site, all of net new parking) Total net new parking: 39 spaces Garage parking spaces: 42 valet, 6 regular Surface Parking spaces: 69 valet spaces 80 regular spaces 4 compact spaces 4 employee spaces (impacted by loading space used infrequently) 1 parallel space (plus one short term space) 2 spaces within the porte cochere 2 valet operation spaces (temporary car shuffling, not included in parking count) Controlled Access Parking: There are a total of 208 parking spaces provided onsite. Of these 208 parking spaces, 56 of them are located outside of the controlled access area. Within the controlled access area, 32 spaces are capable of being self-parked where the guest or other user is given access beyond the gate, however, the owner may decide to valet park all of the spaces as necessary. Hotel Guest Parking: All hotel guest parking will be accommodated by valet or controlled gate access. During peak winter season, all hotel guests may be valet parked at the discretion of the owner. EHU Units: The 15 EHU Units require a total of 16 parking spaces. The parking for these units will be located within the parking area with controlled access and in the parallel parking (1 parking space and 1 short term space) along Chamonix Lane. EHU Dormitory: The EHU dormitory will be targeted to employees of the hotel and those with limited need for car ownership. It is anticipated that only 2 parking spaces will be necessary for the dormitory. These parking spaces will either be accommodated within the valet Highline, A DoubleTree by Hilton 12 August 17, 2021 - Page 109 of 286 system or otherwise designated for the dormitory use. Since this dormitory is a rental facility, the owner will be able to closely control number of occupants with vehicles as documented in leases. Retail and Restaurant Establishments: The primary parking for the retail and restaurant facilities employees and customers, other than hotel guests who are already parked, will be within the self parking spaces provided outside of the controlled parking area. There are 56 parking spaces available to patrons outside of the controlled parking area. Valet parking services will also be provided to these customers as desired by the customer. Meeting Room Space: Parking for the meeting rooms will be primarily accommodated by the hotel parking facilities, as these users are already parked within the facility. Users of the conference space, other than hotel guests, will be parked via the hotel valet system. Valet Operations: The valet operation will require the shuffling around of cars within the exterior parking lot and within the parking garage. For the exterior parking lot, two parking spaces, not included in the total parking count, have been provided so that cars can be shuffled in the parking lot without impairing the operation of the drive aisles. Within the enclosed parking area, where the parking is only staked two cars deep, cars will be parked temporarily within the drive aisle to perform the shuffling of cars. The valet parking layout complies fully with Town Code. Parking Lot Maintenance and Snow Removal: The exterior parking lot will require snow removal and maintenance on a continuous basis during the winter months. The hotel experiences high turnover of parking spaces during the day as guests check out of the hotel in the morning and new guests arrive in the evenings. This daily reduction in parking as well as the typical hotel occupancy rates which are far less than 100%, 99% of the time, will allow for snow removal and maintenance. When the need arrises, snow will be stored temporarily within the parking lot until it can be removed and trucked offsite. In no case will snow be temporarily stored within the parking areas for more than one week. The drive aisle/ ramp on the north side of the existing hotel building will be heated in order to maintain it free from snow and ice and reduce the needs for snow storage. Hotel Shuttle Operation: The hotel has two shuttles that operate 365 days a year depending on need. In general, the shuttle at peak times of the year, transports hotel guests with the commercial core areas of the Town on a continuous loop from 8:00 am to 10:30 am and Highline, A DoubleTree by Hilton 13 August 17, 2021 - Page 110 of 286 again from 3:30 pm to 6:00 pm. During the afternoon and in the evening, the shuttles run on-demand. This service makes it possible for hotel guests to book the Highline and arrive via van or taxi and therefore not require a car during their stay. Employee Parking Generally: In general, employees of the hotel and businesses on this campus are required or encouraged to use public transportation in order to reduce the parking demands of the property. Parking requirements and studies reflect the total number of cars parked on commercial or residential property and therefore include cars that are parked by employees as well as guests and consumers. Therefore, parking for employees is inherent in the parking counts. That said, the Highline intends to reduce the impacts on the environment and make more parking available to guests and consumers but discouraging employees from driving to work. Fire Truck Turn Around Area (completed with hotel addition): The fire truck turnaround area shall be maintained free from any obstacles, ice, and snow. Snow storage shall not infringe upon the turnaround area. Highline, A DoubleTree by Hilton 14 August 17, 2021 - Page 111 of 286 Phase 1 Zoning Analysis of Development of Lot 2 Below is an analysis of the SDD upon the completion of the workforce housing on Lot 2 with the remaining portions of the site remaining largely as developed today. This is an interim condition that will exist if Lot 2 is developed prior to the expansion of the hotel on Lot 1. Development Standard Allowed/Required by SDD Proposed Lot Area Total SDD: 172,047 sq. ft. Lot 1: 160,957 sq. ft. Lot 2: 10,000 sq. ft. Total SDD: 172,047 sq. ft. Lot 1: 3.695 acres/160,957 sq. ft. Lot 2: 0.253 acres/11,037 sq. ft. Lodging and Residential Uses 176 AU 19 LSLU 12 EHU Dorm Units 15 EHUs (apartments) 97 AU 19 LSLU 15 EHUs (apartments) Commercial Uses (gross sq. ft.) 1,520 sq. ft. hotel retail 6,955 sq. ft. restaurant 4,500 sq. ft. office/commercial (converted to EHU Dorm in future) 1,520 sq. ft. hotel retail 6,955 sq. ft. restaurant 4,500 sq. ft. office/commercial Conference 7,666 sq. ft. gross area 6,616 sq. ft. conference seating area 3,076 sq. ft. gross area 2,666 sq. ft. conference seating area Parking Required (see analysis below) 135 spaces 162 spaces Setbacks North - > 20 ft. East - > 20 ft. South - > 20 ft. West - > 20 ft. North - 20 ft. East - 20 ft. South - 20 ft. West - 20 ft. Trash/Recycle 12’ on Lot 2 Building Height 52 ft. for existing 48 ft. new buildings 52 ft. existing building 48 ft. new buildings Density None due to AUs and LSLUs None due to AUs, LSLUs, and EHUs GRFA 258,070.5 sq. ft. (150%) allowed 77,805 sq. ft. total (approved) 32,555 sq. ft. net new AUs 25,200 sq. ft. AUs existing 20,050 sq. ft. LSLU converted DUs 45,250 sq. ft. (26.3%) total 25,200 sq. ft. existing AUs 20,050 sq. ft. existing LSLUs EHU Floor Area 14,398 sq. ft.14,398 sq. ft. Development Standard Highline, A DoubleTree by Hilton 15 August 17, 2021 - Page 112 of 286 Site Coverage 111,830 sq. ft. (65%) allowed by underlying zoning 62,070 sq. ft. (36%) approved 40,762 sq. ft. (23.6%) Landscape Area 51,614.1 sq. ft. (30%) required 53,946 sq. ft. (31.35%) proposed (with deviation and grasscrete area) 57,270 sq. ft. (33.2%) Internal Parking Landscaping (10% of surface parking area) Paved area = 58,019 sq. ft. Internal Landscaping Required: 5,802 sq. ft. (10%) Internal Landscaping Proposed: 12,715 sq. ft. (21.9%) (including grasscrete area) Paved area = 70,385 sq. ft. Internal Landscaping Required: 7,038.5 sq. ft. (10%) Internal Landscaping Proposed : 11,571 sq. ft. (16.4%) Snow Storage (30% of surface parking area) 30% of unheated areas 10% of heated areas Allowed to count grasscrete areas 9,200 sq. ft. 43% (unheated) Allowed/Required by SDD ProposedDevelopment Standard Highline, A DoubleTree by Hilton 16 August 17, 2021 - Page 113 of 286 Parking Analysis for Phase 1 (Lot 2): Use Parking Rate Number/Floor Area/ Seating Area Parking Required Accommodation Unit 0.7 spaces per unit 97 67.9 Limited Service Lodge Unit 0.7 spaces per unit 19 13.3 Hotel Meeting Room Space No Additional Parking Requirement N/A 0 Hotel Restaurant/Bar No Additional Parking Requirement N/A 0 Hotel Oriented Service or Retail No Additional Parking Requirement N/A 0 3rd Party Restaurants (seating area) 1 space for 120 sq. ft. 2,277 sq. ft.18.9 Office Space (future EHU Dorm) 1 space for 250 sq. ft. 4,500 sq. ft.18 Employee Housing Unit 1.06 spaces per unit 15 16 Total Parking Required Phase 1 134.1 Highline, A DoubleTree by Hilton 17 August 17, 2021 - Page 114 of 286 Criteria for Review: Special Development District Amendment Section 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS, of the Vail Town Code, provides the criteria for review of a Special Development District. The following section includes the criteria, along with an analysis of the compliance of the proposal with the criteria. 1.Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Applicant Analysis: The original SDD application was found be consistent with this criterion. The proposed amendment does not have any material affect on this criterion and is therefore consistent with this criterion. 2.Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Applicant Analysis: The original SDD application was found be consistent with this criterion. The proposed amendment does not have any material affect on this criterion and is therefore consistent with this criterion. 3.Parking And Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. Applicant Analysis: The original SDD application was found be consistent with this criterion. The proposed amendment does not have any material affect on this criterion and is therefore consistent with this criterion. 4.Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Applicant Analysis: The original SDD application was found be consistent with this criterion. The proposed amendment does not have any material affect on this criterion and is therefore consistent with this criterion. 5.Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Highline, A DoubleTree by Hilton 18 August 17, 2021 - Page 115 of 286 Applicant Analysis: The original SDD application was found be consistent with this criterion. The proposed amendment does not have any material affect on this criterion and is therefore consistent with this criterion. 6.Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Applicant Analysis: The original SDD application was found be consistent with this criterion. The proposed amendment does not have any material affect on this criterion and is therefore consistent with this criterion. 7.Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. Applicant Analysis: The original SDD application was found be consistent with this criterion. The proposed amendment does not have any material affect on this criterion and is therefore consistent with this criterion. 8.Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Applicant Analysis: The original SDD application was found be consistent with this criterion. The proposed amendment does not have any material affect on this criterion and is therefore consistent with this criterion. 9.Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Applicant Analysis: Originally, the improvements and addition to the hotel, as well as the addition of the Dorm EHUs, and the 15 unit Type 3 employee housing building (rental or for sale) were to be completed in one phase. The applicant is now proposing to allow the 15 units workforce housing building located on Lot 2 to be completed in the first phase, as an option. This first phase would include the appropriate improvements associated with Lot 2 including the following: Highline, A DoubleTree by Hilton 19 August 17, 2021 - Page 116 of 286 All landscape improvements located on Lot 2 except as modified by phase 2 along the south side where the future driveway is graded differently than the phase 1 driveway resulting in a slightly different landscape treatment;; Sidewalk and parking improvements in front of the workforce housing building along Chamonix Lane to the existing bus stop and to intersection of Chamonix Road; and The stairs down to the parking lot from Chamonix Lane. This change to the phasing plan allows one the major public benefits to occur first as a stand alone phase. The second phase of the PUD would be the expansion of the hotel and include the bulk of the parking, circulation, and landscape improvements. If desired by the applicant, both phases may occur at the same time as well. Highline, A DoubleTree by Hilton 20 August 17, 2021 - Page 117 of 286 2077 N Frontage Rd W, Unit GVail, Colorado 81657 (970)476-6342NOT FOR CONSTRUCTIONPHASE 1 HIGHLINE HOTELProject Number - 1963LOT 2 EHU BUILDING2211 N FRONTAGE RD WVAIL COLORADO 81657A1.00COVER16 JUNE 2021SD-DDOWNER:TNREF III BRAVO VAIL, LLCC/O TRUE NORTH MANAGEMENT GROUP, LLC10 BSNK ST - 12 FLOORWHITE PLAINS, NY 10606ARCHITECT:BILL PIERCE, PRINCIPAL IN CHARGEPIERCE ARCHITECTS1650 E. VAIL VALLEY DRIVE, C1VAIL, COLORADO 81657P: 970.476.6342F: 970.476.4901E: bill@vailarchitects.comOWNER'S REPMICHAEL O'CONNERTRIUMPH DEVELOPEMENT WEST, LLC12 VAIL ROAD, SUITE 700VAIL, CO81657PLANNER:DOMINIC MAURIELLOMAURIELLO PLANNING GROUPPO. BOX 4777EAGLE, CO 81631CIVIL ENGINEER:MATT WADEYALPINE ENGINEERING34510 HIGHWAY 6 - UNIT A-9EDWARDS, CO 81632CONTRACTOR:P:M:E:STRUCTURAL ENGINEER:P:E:ADMINISTRATIVE INFO.BUILDING CODE SUMMARY PROJECT DIRECTORYBUILDING CODE:2018 IBCCONSTRUCTION TYPE:TYPE V-ADWELLING UNITS:OCCUPANCY TYPER-1 / R-2LEGAL DESCRIPTION OF PROPERTY:Situs Address 002211 N FRONTAGE RD WTax Area SC103 -VAIL (TOWN) -SC103Parcel Number 2103-114-15-017Legal Summary Subdivision: VAIL DAS SCHONE FIL 3 Block: A Lot: 1 THRU:-Lot: 3, Subdivision: VAIL DAS SCHONE FIL 3 Lot: 1 VAIL DAS SCHONE 1 PT OF TR C VAIL DAS SCHONE 1BK-0372 PG-0865 DEC 11-15-83BK-0609 PG-0822 CERT 05-26-93PHASE 1 HIGHLINE HOTELLOT 2 EHU BUILDINGVAIL, CO 81657DATE NO. DESCRIPTIONAugust 17, 2021 - Page 118 of 286 TOTAL (E) SITE COVERAGE-36,084 SFTOTAL (E) SOFTSCAPE-50,065 SFTOTAL (E) HARDSCAPE-12,704 SFTOTAL (E) PAVEMENT-72,194 SFTOTAL (E) LANDSCAPING 50,065+ 10,323 60,388 SFMAX HARDSCAPE ALLOWEDINTERNAL LANDSCAPE AREA-11,442 SFPROPOSED SITE COVERAGE-40,762 SFTOTAL PROPOSED SOFTSCAPE -45,816 SFTOTAL PROPOSED HARDSCAPE -15,104 SFPROPOSED PAVEMENT-70,385 SFTOTAL PROPOSED LANDSCAPE AREA 45,816 + 11,454= 57,270 SFMAX HARDSCAPE ALLOWEDINTERNAL LANDSCAPE AREA-11,571 SFPHASE 120%80%28'-0"EXISTING HOTEL ROOM GRFA25,200 SFPROPOSED EHU UNIT/SF15 UNITS / 14,398 SFEXISTING LSLU GRFA20,050 SF(4TH FLOOR ROOMS + LOFT)TOTAL ONSITE GRFA45,250 SF2077 N Frontage Rd W, Unit GVail, Colorado 81657 (970)476-6342NOT FOR CONSTRUCTIONPHASE 1 HIGHLINE HOTELProject Number - 1963LOT 2 EHU BUILDING2211 N FRONTAGE RD WVAIL COLORADO 81657A1.01SITE DATA16 JUNE 2021SD-DDNORTH1" = 50'-0"1SITE PLAN - SITE DATA - EXISTING1" = 50'-0"2SITE PLAN - SITE DATA - PROPOSEDDATE NO. DESCRIPTIONAugust 17, 2021 - Page 119 of 286 BERRIDGE ZEE LOCK -AGED BRONZELUDOWICI NEXCLAD TERRACOTTA SHINGLE -TAUPEINTEGRAL COLOR -3 COAT STUCCO SYSTEM -COLOR 1 -WESTHIGHLAND WHITEALLURA SMOOTH LAP -SABLE BROWNROUGH SAWN TIMBER FASCIA -BLACK FOXBLACK FOX -ROUGH SAWNTO MATCH FASCIA2077 N Frontage Rd W, Unit GVail, Colorado 81657 (970)476-6342NOT FOR CONSTRUCTIONPHASE 1 HIGHLINE HOTELProject Number - 1963LOT 2 EHU BUILDING2211 N FRONTAGE RD WVAIL COLORADO 81657A1.02EXTERIORMATERIALS -EHU16 JUNE 2021SD-DD1EHU EXTERIOR MATERIALSPHASE 1DATE NO. DESCRIPTIONAugust 17, 2021 - Page 120 of 286 2077 N Frontage Rd W, Unit GVail, Colorado 81657 (970)476-6342NOT FOR CONSTRUCTIONPHASE 1 HIGHLINE HOTELProject Number - 1963LOT 2 EHU BUILDING2211 N FRONTAGE RD WVAIL COLORADO 81657A1.03SHADEANALYSIS16 JUNE 2021SD-DD1" = 50'-0"1SHADE ANALYSIS - 10 AM WINTER SOLSTICE1" = 50'-0"2SHADE ANALYSIS - 2 PM WINTER SOLSTICE1" = 50'-0"3SHADE ANALYSIS - 10 AM EQUINOX1" = 50'-0"4SHADE ANALYSIS - 2 PM EQUINOXPHASE 1DATE NO. DESCRIPTIONAugust 17, 2021 - Page 121 of 286 79707970CHAMONIX LANECHAMONIX ROADNORTHFRONTAGEROAD79667966796279587954795079467942793879347938794279467950795479587962AABBCCDDGGHHJJAABBCCDDEEFFGGHHJJROOF ELEV.7993' - 0"7997' - 6"8003' - 0"7993' - 0"7993' - 0"8006' - 11"7993' - 1"8006' - 11"7993' - 0"GRADE ELEV.7967' - 0"7966' - 0"7965' - 0"7965' - 0"7970' - 0"7970' - 0"7970' - 0"7970' - 0"7970' - 0"HEIGHT26' - 0"31' - 6"38' - 0"28' - 0"23' - 0"36' - 11"23' - 1"36' - 11"23' - 0"EEFF48 FT MAXPHASE 12077 N Frontage Rd W, Unit GVail, Colorado 81657 (970)476-6342NOT FOR CONSTRUCTIONPHASE 1 HIGHLINE HOTELProject Number - 1963LOT 2 EHU BUILDING2211 N FRONTAGE RD WVAIL COLORADO 81657A1.04ROOF PLANHISTORICGRADE16 JUNE 2021SD-DD1" = 20'-0"1ROOF PLAN HISTORIC GRADENORTHPHASE 1DATE NO. DESCRIPTIONAugust 17, 2021 - Page 122 of 286 NORTHFRONTAGEROAD7952' 7954' 7956' 7958' 7960' 7962' 7964' 7942' 7944' 7946' 7948' 7950' AABBCCDDEEFFGGAABBCCDDEEFFGGHHJJKKLLMMROOF ELEV.7993' - 0"7997' - 6"8003' - 0"7993' - 0"7993' - 0"8006' - 11"7993' - 1"8006' - 11"7993' - 0"8003' - 0"8003' - 0"8003' - 0"GRADE ELEV.7955' - 10"7958' - 0"7959' - 0"7959' - 6"7972' - 0"7972' - 0"7972' - 6"7972' - 6"7966' - 0"7958' - 0"7957' - 6"7956' - 6"HEIGHT37' - 2"39' - 6"44' - 0"33' - 6"21' - 0"34' - 11"19' - 7"34' - 5"27' - 0"45' - 0"45' - 6"46' - 6"1 3/4" / 1'-0"HHJJ48 FT MAXPHASE 1KKLLMM2077 N Frontage Rd W, Unit GVail, Colorado 81657 (970)476-6342NOT FOR CONSTRUCTIONPHASE 1 HIGHLINE HOTELProject Number - 1963LOT 2 EHU BUILDING2211 N FRONTAGE RD WVAIL COLORADO 81657A1.05ROOF PLANFINISHEDGRADE16 JUNE 2021SD-DD1" = 20'-0"1ROOF PLAN FINISHED GRADENORTHPHASE 1DATE NO. DESCRIPTIONAugust 17, 2021 - Page 123 of 286 REF.REF.REF.REF.REF.REF.REF.REF.4321AB5678CL2.15.1910UNIT 1UNIT 2UNIT 3UNIT 4SETBACK LINEEASEMENTPROPERTY LINE9x5 DUMPSTER PAD LOCATIONUPUPUP1049 SF921 SF790 SF1052 SF20'-0"5'-0" 10'-0"PROPERTY LINESETBACK LINEEASEMENTUPUPUNIT 51134 SFUNIT 6921 SFUNIT 81100 SFUNIT 7921 SFNORTHPROPOSED UNITSLEVEL 2LEVEL 3UNIT SF LEVEL 4LEVEL 1921 SF921 SFTOTAL 921 SF790 SFUNIT SF UNIT SF 742 SF1,100 SF1,052 SFUNIT SF 742 SF1,134 SF1,049 SF921 SF921 SF1,134 SF1,129 SF921 SFTOTAL SF 2,405 SF4,076 SF3,812 SF4,105 SF14,398 SF2077 N Frontage Rd W, Unit GVail, Colorado 81657 (970)476-6342NOT FOR CONSTRUCTIONPHASE 1 HIGHLINE HOTELProject Number - 1963LOT 2 EHU BUILDING2211 N FRONTAGE RD WVAIL COLORADO 81657A1.06EHU LEVEL 1 /LEVEL 216 JUNE 2021SD-DD1/8" = 1'-0"1DT - EHU LEVEL 11/8" = 1'-0"2DT - EHU LEVEL 2NORTHPHASE 1DATE NO. DESCRIPTIONAugust 17, 2021 - Page 124 of 286 REF.REF.REF.REF.REF.REF.REF.REF.REF.REF.REF.PROPERTY LINESETBACK LINEEASEMENTUPUPUNIT 91134 SFUNIT 10921 SFUNIT 121129 SFUNIT 11921 SFPROPERTY LINESETBACK LINEEASEMENTDNDNUNIT 15742 SFUNIT 14921 SFUNIT 13742 SFNORTHPROPOSED UNITSLEVEL 2LEVEL 3UNIT SF LEVEL 4LEVEL 1921 SF921 SFTOTAL 921 SF790 SFUNIT SF UNIT SF 742 SF1,100 SF1,052 SFUNIT SF 742 SF1,134 SF1,049 SF921 SF921 SF1,134 SF1,129 SF921 SFTOTAL SF 2,405 SF4,076 SF3,812 SF4,105 SF14,398 SF2077 N Frontage Rd W, Unit GVail, Colorado 81657 (970)476-6342NOT FOR CONSTRUCTIONPHASE 1 HIGHLINE HOTELProject Number - 1963LOT 2 EHU BUILDING2211 N FRONTAGE RD WVAIL COLORADO 81657A1.07EHU LEVEL 3 /LEVEL 416 JUNE 2021SD-DD1/8" = 1'-0"1DT - EHU LEVEL 31/8" = 1'-0"2DT - EHU LEVEL 4NORTHPHASE 1DATE NO. DESCRIPTIONAugust 17, 2021 - Page 125 of 286 REFERENCE7950' -0"LEVEL 17960' -0"LEVEL 27970' -0"LEVEL 37980' -0"LEVEL 47990' -0"8007' - 3 1/2"2077 N Frontage Rd W, Unit GVail, Colorado 81657 (970)476-6342NOT FOR CONSTRUCTIONPHASE 1 HIGHLINE HOTELProject Number - 1963LOT 2 EHU BUILDING2211 N FRONTAGE RD WVAIL COLORADO 81657A1.08EHU NORTH16 JUNE 2021SD-DD1/8" = 1'-0"1EHU NORTHKEYNOTE LEGENDKEYVALUEKEYNOTE TEXTPHASE 1DATE NO. DESCRIPTIONAugust 17, 2021 - Page 126 of 286 REFERENCE7950' -0"LEVEL 17960' -0"LEVEL 27970' -0"LEVEL 37980' -0"LEVEL 47990' -0"8007' - 3 1/2"REFERENCE7950' -0"LEVEL 17960' -0"LEVEL 27970' -0"LEVEL 37980' -0"LEVEL 47990' -0"8007' - 3 1/2"2077 N Frontage Rd W, Unit GVail, Colorado 81657 (970)476-6342NOT FOR CONSTRUCTIONPHASE 1 HIGHLINE HOTELProject Number - 1963LOT 2 EHU BUILDING2211 N FRONTAGE RD WVAIL COLORADO 81657A1.09EHUEAST/WEST16 JUNE 2021SD-DD1/8" = 1'-0"1EHU EAST1/8" = 1'-0"2EHU WESTKEYNOTE LEGENDKEYVALUEKEYNOTE TEXTPHASE 1DATE NO. DESCRIPTIONAugust 17, 2021 - Page 127 of 286 REFERENCE7950' -0"LEVEL 17960' -0"LEVEL 27970' -0"LEVEL 37980' -0"LEVEL 47990' -0"8007' - 3 1/2"2077 N Frontage Rd W, Unit GVail, Colorado 81657 (970)476-6342NOT FOR CONSTRUCTIONPHASE 1 HIGHLINE HOTELProject Number - 1963LOT 2 EHU BUILDING2211 N FRONTAGE RD WVAIL COLORADO 81657A1.10EHU SOUTH16 JUNE 2021SD-DD1/8" = 1'-0"1EHU SOUTHKEYNOTE LEGENDKEYVALUEKEYNOTE TEXTPHASE 1DATE NO. DESCRIPTIONAugust 17, 2021 - Page 128 of 286 2077 N Frontage Rd W, Unit GVail, Colorado 81657 (970)476-6342NOT FOR CONSTRUCTIONPHASE 1 HIGHLINE HOTELProject Number - 1963LOT 2 EHU BUILDING2211 N FRONTAGE RD WVAIL COLORADO 81657A1.113D16 JUNE 2021SD-DDPHASE 1DATE NO. DESCRIPTIONAugust 17, 2021 - Page 129 of 286 2077 N Frontage Rd W, Unit GVail, Colorado 81657 (970)476-6342NOT FOR CONSTRUCTIONPHASE 1 HIGHLINE HOTELProject Number - 1963LOT 2 EHU BUILDING2211 N FRONTAGE RD WVAIL COLORADO 81657A1.123D16 JUNE 2021SD-DDPHASE 1DATE NO. DESCRIPTIONAugust 17, 2021 - Page 130 of 286 2077 N Frontage Rd W, Unit GVail, Colorado 81657 (970)476-6342NOT FOR CONSTRUCTIONPHASE 1 HIGHLINE HOTELProject Number - 1963LOT 2 EHU BUILDING2211 N FRONTAGE RD WVAIL COLORADO 81657A1.133D16 JUNE 2021SD-DDPHASE 1DATE NO. DESCRIPTIONAugust 17, 2021 - Page 131 of 286 1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA1.14COVERPHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165729 JAN 2021SD-DDOWNER:TNREF III BRAVO VAIL, LLCC/O TRUE NORTH MANAGEMENT GROUP, LLC10 BSNK ST - 12 FLOORWHITE PLAINS, NY 10606ARCHITECT:BILL PIERCE, PRINCIPAL IN CHARGEPIERCE ARCHITECTS1650 E. VAIL VALLEY DRIVE, C1VAIL, COLORADO 81657P: 970.476.6342F: 970.476.4901E: bill@vailarchitects.comOWNER'S REPMICHAEL O'CONNERTRIUMPH DEVELOPEMENT WEST, LLC12 VAIL ROAD, SUITE 700VAIL, CO81657PLANNER:DOMINIC MAURIELLOMAURIELLO PLANNING GROUPPO. BOX 4777EAGLE, CO 81631CIVIL ENGINEER:MATT WADEYALPINE ENGINEERING34510 HIGHWAY 6 - UNIT A-9EDWARDS, CO 81632CONTRACTOR:P:M:E:STRUCTURAL ENGINEER:P:E:ADMINISTRATIVE INFO.BUILDING CODE SUMMARY PROJECT DIRECTORYBUILDING CODE:2018 IBCCONSTRUCTION TYPE:TYPE V-ADWELLING UNITS:OCCUPANCY TYPER-1 / R-2LEGAL DESCRIPTION OF PROPERTY:Situs Address 002211 N FRONTAGE RD WTax Area SC103 -VAIL (TOWN) -SC103Parcel Number 2103-114-15-017Legal Summary Subdivision: VAIL DAS SCHONE FIL 3 Block: A Lot: 1 THRU:-Lot: 3, Subdivision: VAIL DAS SCHONE FIL 3 Lot: 1 VAIL DAS SCHONE 1 PT OF TR C VAIL DAS SCHONE 1BK-0372 PG-0865 DEC 11-15-83BK-0609 PG-0822 CERT 05-26-93PHASE 2 HIGHLINE HOTELLOT 1 HOTEL EXPANSIONVAIL, CO 81657DATE NO. DESCRIPTIONAugust 17, 2021 - Page 132 of 286 UPUPUPUPEXISTING LEVEL 10 SF GRFAEXISTING LEVEL 212,600 SF EXISTING GRFAEXISTING LEVEL 312,600 SF EXISTING GRFAEXISTING LEVEL 412,600 SF EXISTING LSLU GRFAEXISTING LOFT LEVEL7,450 SF EXISTING LSLU GRFANORTHEXISTING HOTEL ROOM GRFA25,200 SFEXISTING LSLU GRFA20,050 SF(4TH FLOOR ROOMS + LOFT)TOTAL EXISTING GRFA45,250 SF1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA1.15GRFAEXISTINGHOTELPHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DD1/32" = 1'-0"1DT - MAIN LEVEL - GRFA1/32" = 1'-0"2DT - 2ND LEVEL - GRFA1/32" = 1'-0"3DT - 3RD LEVEL GRFA1/32" = 1'-0"4DT - 4TH LEVEL -GRFA1/32" = 1'-0"5DT - LOFT LEVEL -GRFANORTHDATE NO. DESCRIPTIONPHASE 2August 17, 2021 - Page 133 of 286 PROPOSED ADDITION LEVEL 1 0 SF PROPOSED GRFAPROPOSED ADDITION LEVEL 210,725 SF PROPOSED GRFAPROPOSED ADDITION LEVEL 310,915 SF PROPOSED GRFAPROPOSED ADDITION LEVEL 410,915 SF PROPOSED GRFANORTHPROPOSED HOTEL ROOM GRFA32,555 SFEXISTING HOTEL ROOM GRFA25,200 SFPROPOSED DORM ROOM/SFPROPOSED EHU UNIT/SF15 UNITS / 15,858 SF12 ROOMS / 4,435 SFEXISTING LSLU GRFA20,050 SF(4TH FLOOR ROOMS + LOFT)TOTAL ONSITE GRFA77,805 SF1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA1.16GRFAPROPOSEDHOTELPHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DD1/32" = 1'-0"1DT - ADDITION LEVEL 1 - GRFA1/32" = 1'-0"2DT - ADDITION LEVEL 2 - GRFA1/32" = 1'-0"3DT - ADDITION LEVEL 3- GRFA1/32" = 1'-0"4DT - ADDITION LEVEL 4 - GRFANORTHDATE NO. DESCRIPTIONPHASE 2August 17, 2021 - Page 134 of 286 WDDNDNPROPOSED HOTEL ROOM GRFA32,555 SFEXISTING HOTEL ROOM GRFA25,200 SFPROPOSED DORM ROOM/SFPROPOSED EHU UNIT/SF15 UNITS / 15,858 SF12 ROOMS / 4,435 SFEXISTING LSLU GRFA20,050 SF(4TH FLOOR ROOMS + LOFT)TOTAL ONSITE GRFA77,805 SFNORTH1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA1.17GRFAPROPOSEDDORM UNITSPHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DD3/16" = 1'-0"1CASA MEXICO LEVEL 2 - SF 4,435 SFNORTHDATE NO. DESCRIPTIONPHASE 2August 17, 2021 - Page 135 of 286 TOTAL (E) SITE COVERAGE-36,084 SFTOTAL (E) SOFTSCAPE-50,065 SFTOTAL (E) HARDSCAPE-12,704 SFTOTAL (E) PAVEMENT-72,194 SFTOTAL (E) LANDSCAPING 50,065+ 10,323 60,388 SFMAX HARDSCAPE ALLOWEDPROPOSED SITE COVERAGE-62,219 SFTOTAL PROPOSED SOFTSCAPE -43,304 SFTOTAL PROPOSED HARDSCAPE -16,187 SFPROPOSED PAVEMENT-58,079 SFTOTAL PROPOSED LANDSCAPE AREA 43,304 + 10,826= 54,130 SFMAX HARDSCAPE ALLOWEDPROPOSED PARKING LOT LIGHTING;LIGHTING POSTS (x5) 20FT MAX HEIGHT;LED DOWNLIGHT TYP.TOTAL SITE AREA -172,047 SFFUTURE 6 FT PEDESTRIAN EASEMENT; 2,426 SFWITH PEDESTRIAN EASEMENT AS HARDSCAPETOTAL PROPOSED SOFTSCAPE -40,878 SFTOTAL PROPOSED HARDSCAPE -18,613 SFTOTAL PROPOSED LANDSCAPE AREA 40,878 + 10,291= 51,097 SFMAX HARDSCAPE ALLOWEDINTERNAL LANDSCAPE AREA-11,578 SF20%80%PHASE 1PROPOSED HOTEL ROOM GRFA32,555 SFEXISTING HOTEL ROOM GRFA25,200 SFPROPOSED DORM ROOM/SFPROPOSED EHU UNIT/SF15 UNITS / 15,858 SF12 ROOMS / 4,435 SFEXISTING LSLU GRFA20,050 SF(4TH FLOOR ROOMS + LOFT)TOTAL ONSITE GRFA77,805 SFHIGHLINE HOTEL GROSS SF SUMMARYHOTEL OFFICE/LOBBY/ENTRYMAIN FLOOR SERVICE AREAGUESTROOM LOFTGUESTROOM FLOORSCOMMERCIAL RETAIL 3950SF 7,544 SF11,030 SF 3,893 SF 1,798 SF 9,464 SFCOMMERCIAL/RETAIL 2 STORY COMMERCIAL/RETAIL HOTEL EHU SQUARE FOOTAGENEW BALLROOM BALLROOM PREFUNCTION AND SUPPORT GARAGE AREA EXISTING SF46,341 SF 3,950 SF 4,400 SF12,650 SF64,130 SFPROPOSED SF 4,500 SFTOTAL SF84,971 SF 5,600 SF38,630 SF149,800 SF85,670 SFTOTAL SF 7,544 SF11,030 SF 3,893 SF 1,798 SF 9,464 SF 5,600 SF 3,950 SF 4,400 SF12,650 SF 4,500 SF1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA1.18SITE DATAPHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DDNORTH1" = 50'-0"1SITE PLAN - SITE DATA - EXISTING1" = 50'-0"2SITE PLAN - SITE DATA - PROPOSEDDATE NO. DESCRIPTIONPHASE 2August 17, 2021 - Page 136 of 286 PROPOSED SITE COVERAGE-62,219 SFPROPOSED LANDSCAPING-54,130 SFPROPOSED SNOW STORAGE-17,189 SFPROPOSED PAVEMENT-58,019 SFSNOWMELTED -2,303 SFNON-SNOWMELTED -55,716 SFINTERNAL LANDSCAPING-11,578 SF16,945 REQUIREDFUTURE 6 FT PEDESTRIAN EASEMENT; 2426 SFWITH PEDESTRIAN EASEMENT AS HARDSCAPEPROPOSED LANDSCAPING-51,097 SFPROPOSED SNOW STORAGE-14,763 SFPHASE 1EXISTING SITE COVERAGE-36,084 SFEXISTING LANDSCAPING-61,338 SFEXISTING SNOWSTORAGE-23,210 SFEXISTING PAVEMENT-72,194 SFINTERNAL LANDSCAPING-6,564 SF1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA1.19SITE PARKINGDATAPHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DD1" = 50'-0"1SITE PLAN - SITE DATA - PROPOSED PARKING LOT1" = 50'-0"2SITE PLAN - SITE DATA - EXISTING PARKING LOTNORTHDATE NO. DESCRIPTIONPHASE 2August 17, 2021 - Page 137 of 286 INTEGRAL COLOR 3 COAT STUCCO SYSTEM -COLOR 1FIBER BOARD CEMENT PLANKS -ALLURA 'SABLE BROWN'BERRIGE STANDING METAL SEAMZEE-LOCK -AGED BRONZE@ DORMERSALUMINIUM DARK BRONZE WINDOW TRIM ROUGH SAWN TIMBER FASCIA -SW "BLACK FOX"ALUMINIUM DARK BRONZE DOOR TRIM TOMATCH WINDOWS BRACKET TRIM TO MATCH WINDOWSDARK BRONZE METAL BRACEPAINTED TIMBERRAILINGSASPHALT SHINGLE ROOF -AGED BRONZE@ PRIMARY ROOF1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA1.20EXTERIORMATERIALS -HOTELPHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DD1HOTEL EXTERIOR MATERIALSDATE NO. DESCRIPTIONPHASE 2August 17, 2021 - Page 138 of 286 1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA1.21SHADEANALYSISPHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DD1" = 50'-0"1SHADE ANALYSIS - 10 AM WINTER SOLSTICE1" = 50'-0"2SHADE ANALYSIS - 2 PM WINTER SOLSTICE1" = 50'-0"3SHADE ANALYSIS - 10 AM EQUINOX1" = 50'-0"4SHADE ANALYSIS - 2 PM EQUINOXDATE NO. DESCRIPTIONPHASE 2August 17, 2021 - Page 139 of 286 79707970CHAMONIX LANECHAMONIX ROADNORTHFRONTAGEROAD796679667962795879547950794679427938793479467950795479587962ABCDEFGHJAABBCCDDGGHHJJABCDEFGHJAABBCCDDEEFFGGHHJJROOF ELEV.8003' - 9"7991' - 9"7972' - 9"7991' - 9"7972' - 9"7999' - 3"7999' - 3"7999' - 3"7991' - 9"7993' - 0"7997' - 6"8003' - 0"7993' - 1"7993' - 1"8008' - 2"7993' - 1"8006' - 11"7993' - 0"GRADE ELEV.7956' - 3"7954' - 6"7954' - 0"7954' - 6"7954' - 0"7957' - 0"7961' - 0"7964' - 0"7968' - 0"7967' - 0"7966' - 0"7965' - 0"7970' - 0"7970' - 0"7969' - 0"7970' - 0"7970' - 0"7970' - 0"HEIGHT47' - 6"37' - 3"18' - 9"37' - 3"18' - 9"42' - 3"38' - 3"35' - 3"23' - 9"26' - 0"31' - 6"38' - 0"23' - 0"23' - 0"37' - 11"23' - 1"36' - 11"23' - 0"EEFFBUILDING FOOTPRINT BELOW48 FT MAX1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA1.22ROOF PLANHISTORICGRADEPHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DD1" = 20'-0"1ROOF PLAN HISTORIC GRADENORTHDATE NO. DESCRIPTIONPHASE 2August 17, 2021 - Page 140 of 286 NORTHFRONTAGEROAD7952' 7954' 7956' 7958' 7960' 7962' 7964' 7942' 7944' 7946' 7948' 7950' CEFGHJAABBCCDDEEFFGGCEFGHJAABBCCDDEEFFGGHHJJROOF ELEV.7972' - 9"7972' - 9"7999' - 3"7999' - 3"7999' - 3"7991' - 9"7993' - 0"7997' - 6"8003' - 0"7993' - 0"7993' - 0"8006' - 11"7993' - 1"8006' - 11"7993' - 0"GRADE ELEV.7942' - 2"7942' - 2"7955' - 0"7960' - 0"7960' - 0"7963' - 0"7955' - 10"7955' - 10"7959' - 0"7959' - 6"7972' - 0"7969' - 0"7966' - 0"7970' - 8"7965' - 9"HEIGHT30' - 7"30' - 7"44' - 3"39' - 3"39' - 3"28' - 9"37' - 2"41' - 8"44' - 0"33' - 6"21' - 0"37' - 11"27' - 1"36' - 3"27' - 3"1 3/4" / 1'-0"HHJJBUILDING FOOTPRINT BELOW48 FT MAX1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA1.23ROOF PLANFINISHEDGRADEPHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DD1" = 20'-0"1ROOF PLAN FINISHED GRADENORTHDATE NO. DESCRIPTIONPHASE 2August 17, 2021 - Page 141 of 286 UPUPENGINEER STORAGEEMPLOYEE BREAKROOMSTORAGEENGINEERRECEPTIONOFFICE 4OFFICE 1OFFICE 2 OFFICE 3MEETING ROOMEMPLOYEE LOCKERROOMBOARDROOMMASSAGEMASSAGE MASSAGEMASSAGEMASSAGE/SPAWAITINGMASSAGEELECTRICALLUGGAGE ROOMTELECOM ROOMGUEST LAUNDRYMECHANICALPOOL EQUIPMENS BATHROOMWOM. BATHROOMFITNESS CENTERMENS RESTROOMWOMENS RESTROOMWORK AREARETAILSKI STORAGEBALLROOMKITCHENMARKETLOBBYMASSAGE STUDIO 820 SF RETAIL 700 SF DT -LOBBY BAR (SEATING AREA)80 SF (GROSS)1051 SFWEST SIDE CAFE(SEATING AREA) 945 SF (GROSS)2941 SFCASA MEXICO(SEATING AREA) 1332 SF (GROSS)4204 SFNEW CHEM STORAGE ROOMMEETING ROOM (SEATING AREA 1920 SF)(GROSS 2055 SF) MEETING ROOM (SEATING AREA 485 SF)(GROSS 557 SF)MEETING ROOM (SEATING AREA 261 SF) (GROSS 314 SF)NORTH1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA1.24EXISTINGHOTEL -LEVEL 1PHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DDNORTH1/16" = 1'-0"1DT - MAIN LEVEL - EXISTINGDATE NO. DESCRIPTIONAugust 17, 2021 - Page 142 of 286 UPUPRM 237SKADA-M(ROLL IN SHR)RM 235DQADA-M(ROLL IN SHR)RM 233DQADA-HRM 231DQRM 229DQRM 227DQRM 225DQRM 223DQRM 221DQRM 219DQRM 217DQRM 215DQRM 213DQRM 211DQRM 209DQRM 207DQRM 206DQRM 205SKRM 204SKADA-M(TUB)RM 203SKADA-H/M(TUB)RM 202SKRM 238SKRM 236SKRM 234SKADA-HRM 232SKRM 230SKRM 228SKRM 226SKRM 224SKRM 222SKRM 220SKRM 218SKRM 216SKRM 214SKRM 212SKRM 210SKRM 208SKRM 201SKEXISTING ROOMSLEVEL 1LEVEL 2LEVEL 3TOTAL LEVEL 4HOTEL ROOMS25 SINGLE KING39 ROOMSTOTAL 17 SINGLE KING22 SINGLE KING64 SINGLE KING9 DOUBLE KING1 SINGLE QUEEN9 DOUBLE KING 2 DOUBLE QUEEN W/ SINGLE KING21 DOUBLE QUEEN16 DOUBLE QUEEN4 SINGLE QUEEN39 ROOMS38 ROOMS116 ROOMS3 SINGLE QUEEN2 DOUBLE QUEEN W/ SINGLE KING37 DOUBLE QUEEN4 ADA-M / 2 ADA-H1 ADA-M / 4 ADA-H3 ADA-M / 5 ADA-H8 ADA-M / 10 ADA-HTOTAL SF 15,100 SF 15,100 SF15,100 SF + 4,434 SF28,000 SF85,049 SFLOFT 7,315 SF 1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA1.25LEVEL 2PHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DDNORTH1/16" = 1'-0"1DT - 2ND LEVELDATE NO. DESCRIPTIONAugust 17, 2021 - Page 143 of 286 RM 339DQRM 337DQRM 335DQADA-HRM 333DQRM 331DQRM 329DQRM 327DQRM 325DQRM 323DQRM 321DQRM 319DQRM 317DQRM 315DQRM 313DQRM 311DQRM 309DQRM 307DQRM 305DQRM 304DQRM 303DQRM 302DQADA-HRM 338SKRM 336SKRM 334SKADA-HRM 332SKRM 330SKRM 328SKRM 326SKRM 324SKRM 322SKRM 320SKRM 318SKRM 316SKRM 314SKRM 312SKRM 310SKRM 308SKRM 301SKADA-HRM 306SQADA-M(TUB)EXISTING ROOMSLEVEL 1LEVEL 2LEVEL 3TOTAL LEVEL 4HOTEL ROOMS25 SINGLE KING39 ROOMSTOTAL 17 SINGLE KING22 SINGLE KING64 SINGLE KING9 DOUBLE KING1 SINGLE QUEEN9 DOUBLE KING 2 DOUBLE QUEEN W/ SINGLE KING21 DOUBLE QUEEN16 DOUBLE QUEEN4 SINGLE QUEEN39 ROOMS38 ROOMS116 ROOMS3 SINGLE QUEEN2 DOUBLE QUEEN W/ SINGLE KING37 DOUBLE QUEEN4 ADA-M / 2 ADA-H1 ADA-M / 4 ADA-H3 ADA-M / 5 ADA-H8 ADA-M / 10 ADA-HTOTAL SF 15,100 SF 15,100 SF15,100 SF + 4,434 SF28,000 SF85,049 SFLOFT 7,315 SF 1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA1.26LEVEL 3PHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DDNORTH1/16" = 1'-0"1DT - 3RD LEVELDATE NO. DESCRIPTIONAugust 17, 2021 - Page 144 of 286 RM 439SKRM 4372QB/1KLRM 435SKRM 4332KLRM 431SKRM 4292KLRM 427SKRM 4252KLRM 423SKRM 4212KLRM 419SKRM 4172KLRM 415SKRM 4132KLRM 411SKRM 4092KLRM 407SKRM 4052KLRM 404SKRM 4031KLRM 402SKADA-HRM 438SKRM 4361KL/1KBRM 434SKADA-HRM 4321KLADA-HRM 430SKRM 4281KLRM 426SKRM 4241KLRM 422SQADA-M(TUB)RM 4201KLRM 418SKRM 4161KLRM 414SKRM 4121KLRM 410SQADA-M(TUB)RM 4081KLRM 4012QB/1KLRM 306SQADA-M(TUB)EXISTING ROOMSLEVEL 1LEVEL 2LEVEL 3TOTAL LEVEL 4HOTEL ROOMS25 SINGLE KING39 ROOMSTOTAL 17 SINGLE KING22 SINGLE KING64 SINGLE KING9 DOUBLE KING1 SINGLE QUEEN9 DOUBLE KING 2 DOUBLE QUEEN W/ SINGLE KING21 DOUBLE QUEEN16 DOUBLE QUEEN4 SINGLE QUEEN39 ROOMS38 ROOMS116 ROOMS3 SINGLE QUEEN2 DOUBLE QUEEN W/ SINGLE KING37 DOUBLE QUEEN4 ADA-M / 2 ADA-H1 ADA-M / 4 ADA-H3 ADA-M / 5 ADA-H8 ADA-M / 10 ADA-HTOTAL SF 15,100 SF 15,100 SF15,100 SF + 4,434 SF28,000 SF85,049 SFLOFT 7,315 SF 1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA1.27LEVEL 4PHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DDNORTH1/16" = 1'-0"1DT - 4TH LEVELDATE NO. DESCRIPTIONAugust 17, 2021 - Page 145 of 286 1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA1.28LOFT LEVELPHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DD1/16" = 1'-0"1DT - LOFT LEVELDATE NO. DESCRIPTIONAugust 17, 2021 - Page 146 of 286 4A2A1A3A75'-0" @ 6% SLOPE = 4'-6"EHUs ABOVE7941' - 10"NEW CHEM STORAGE ROOM(E) EGRESS DOORFOR DORM UNITSCONFERENCE SPACE(SEATING AREA 3950 SF)F.F. 7942'-2"PRE-FUNCTION / CIRCULATIONENTER GARAGE @ 7948'6"NO SLOPEWARMING KITCHEN556 SFUPRESTROOMS12'-0" DROP CEILINGMECH SPACE20' - 0"4590 SF GROSS CONFERENCE SPACE / WARMING KITCHEN24' - 0"28' - 6"PROPOSED ADDITIONLEVEL 1LEVEL 2LEVEL 3TOTAL LEVEL 4CONFERENCE ROOMHOTEL ROOMS7 SINGLE KING27 ROOMSTOTAL 3950SF20 SINGLE KING20 DOUBLE KING (1 ADA)60 DOUBLE KING27 ROOMS26 ROOMS80 ROOMSTOTAL SF 12,725 SF12,725 SF13,180 SF21,000 SF59,630 SF7 SINGLE KING20 DOUBLE KING6 SINGLE KING20 DOUBLE KINGACCESSIBLE ROOMS1 KING1 DOUBLE1 KING1 DOUBLE1 KINGW/ ROLL-IN SHOWER5 TOTAL ACCESSIBLE ROOMS1107.6.1.1NORTH1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONHOTEL ADDITION -LEVEL 1A1.29PHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DD1/16" = 1'-0"1DT - ADDITION LEVEL 1NORTHDATE NO. DESCRIPTIONPHASE 2August 17, 2021 - Page 147 of 286 REF.REF.REF.REF.4A2A1A3A7956' - 4"PROPOSED ADDITIONLEVEL 1LEVEL 2LEVEL 3TOTAL LEVEL 4CONFERENCE ROOMHOTEL ROOMS7 SINGLE KING27 ROOMSTOTAL 3950SF20 SINGLE KING20 DOUBLE KING (1 ADA)60 DOUBLE KING27 ROOMS26 ROOMS80 ROOMSTOTAL SF 12,725 SF12,725 SF13,180 SF21,000 SF59,630 SF7 SINGLE KING20 DOUBLE KING6 SINGLE KING20 DOUBLE KINGACCESSIBLE ROOMS1 KING1 DOUBLE1 KING1 DOUBLE1 KINGW/ ROLL-IN SHOWER5 TOTAL ACCESSIBLE ROOMS1107.6.1.1NORTH1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONHOTEL ADDITION -LEVEL 2A1.30PHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DD1/16" = 1'-0"1DT - ADDITION LEVEL 2NORTHDATE NO. DESCRIPTIONPHASE 2August 17, 2021 - Page 148 of 286 4A2A1A3APROPOSED ADDITIONLEVEL 1LEVEL 2LEVEL 3TOTAL LEVEL 4CONFERENCE ROOMHOTEL ROOMS7 SINGLE KING27 ROOMSTOTAL 3950SF20 SINGLE KING20 DOUBLE KING (1 ADA)60 DOUBLE KING27 ROOMS26 ROOMS80 ROOMSTOTAL SF 12,725 SF12,725 SF13,180 SF21,000 SF59,630 SF7 SINGLE KING20 DOUBLE KING6 SINGLE KING20 DOUBLE KINGACCESSIBLE ROOMS1 KING1 DOUBLE1 KING1 DOUBLE1 KINGW/ ROLL-IN SHOWER5 TOTAL ACCESSIBLE ROOMS1107.6.1.1NORTH1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONHOTEL ADDITION -LEVEL 3A1.31PHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DD1/16" = 1'-0"1DT - ADDITION LEVEL 3NORTHDATE NO. DESCRIPTIONPHASE 2August 17, 2021 - Page 149 of 286 4A2A1A3APROPOSED ADDITIONLEVEL 1LEVEL 2LEVEL 3TOTAL LEVEL 4CONFERENCE ROOMHOTEL ROOMS7 SINGLE KING27 ROOMSTOTAL 3950SF20 SINGLE KING20 DOUBLE KING (1 ADA)60 DOUBLE KING27 ROOMS26 ROOMS80 ROOMSTOTAL SF 12,725 SF12,725 SF13,180 SF21,000 SF59,630 SF7 SINGLE KING20 DOUBLE KING6 SINGLE KING20 DOUBLE KINGACCESSIBLE ROOMS1 KING1 DOUBLE1 KING1 DOUBLE1 KINGW/ ROLL-IN SHOWER5 TOTAL ACCESSIBLE ROOMS1107.6.1.1NORTH1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONHOTEL ADDITION -LEVEL 4A1.32PHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DD1/16" = 1'-0"1DT - ADDITION LEVEL 4NORTHDATE NO. DESCRIPTIONPHASE 2August 17, 2021 - Page 150 of 286 KING BEDKING BED14'-0"BUILT-IN CLOSETCOAT HOOKS WITH BENCH BELOWLIVE EDGE DRESSER WITH CHAIR AND WORKSPACETV MOUNTED ON WALLCONNECTION DOOR OR WETBARBEAN BAG CHAIR14'-0"1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA1.33DOUBLEROOMSPHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DD1/2" = 1'-0"1HOTEL ROOM LAYOUT - DOUBLE KINGELECTRICAL CHASEDATE NO. DESCRIPTIONPHASE 2August 17, 2021 - Page 151 of 286 KING BEDLOVE SEAT AND 18" NIGHT STAND 7'-0"7'-0"28'-0"2'-0"30'-0"CONNECTION DOOR OR WETBARLIVE EDGE DRESSER WITH CHAIR AND WORKSPACETV MOUNTED ON WALLELECTRICAL CHASEBUILT-IN CLOSETCOAT HOOKS WITH BENCH BELOWPLUMBING CHASEROOM NUMBER AND SCONCE14'-0"1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA1.34SINGLE ROOMPHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DD1/2" = 1'-0"1HOTEL ROOM LAYOUT - SINGLE KINGDATE NO. DESCRIPTIONPHASE 2August 17, 2021 - Page 152 of 286 DT -MAIN LEVEL7942' -2"MAIN HOTELRIDGE HEIGHT7999' -1"DT -ADDITIONLEVEL 27960' -4"DT -ADDITIONLEVEL 37971' -4"DT -ADDITIONLEVEL 47982' -4"DT -PROPOSEDGARAGE7948' -6"PROPOSED RIDGEHEIGHT8003' -8 9/32"EXISTING HOTELREPAINT (E) STUCCO AND TRIM TO MATCH PROPOSED1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA1.35PROPOSEDNORTHELEVATIONPHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DD1/8" = 1'-0"1ELEVATION - ADDITION NORTHKEYNOTE LEGENDKEYVALUEKEYNOTE TEXTDATE NO. DESCRIPTIONPHASE 2August 17, 2021 - Page 153 of 286 DT -MAIN LEVEL7942' -2"DT -ADDITIONLEVEL 27960' -4"DT -ADDITIONLEVEL 37971' -4"DT -ADDITIONLEVEL 47982' -4"DT -PROPOSEDGARAGE7948' -6"PROPOSED RIDGEHEIGHT8003' -8 9/32"CONNECTIONHALLWAYNON-OPERATING WINDOWS IN DORMERS 1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA1.36PROPOSEDEASTELEVATIONPHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DD1/8" = 1'-0"1ELEVATION - ADDITION EASTKEYNOTE LEGENDKEYVALUEKEYNOTE TEXTDATE NO. DESCRIPTIONPHASE 2August 17, 2021 - Page 154 of 286 DT -MAIN LEVEL7942' -2"MAIN HOTELRIDGE HEIGHT7999' -1"DT -ADDITIONLEVEL 27960' -4"DT -ADDITIONLEVEL 37971' -4"DT -ADDITIONLEVEL 47982' -4"DT -PROPOSEDGARAGE7948' -6"PROPOSED RIDGEHEIGHT8003' -8 9/32"DT -ADDITION 17941' -10"EXISTING HOTELREPAINT (E) STUCCO AND TRIM TO MATCH PROPOSED1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA1.37PROPOSEDSOUTHELEVATIONPHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DD1/8" = 1'-0"1ELEVATION - ADDITION SOUTHKEYNOTE LEGENDKEYVALUEKEYNOTE TEXTDATE NO. DESCRIPTIONPHASE 2August 17, 2021 - Page 155 of 286 bacdefghjDT -ADDITIONLEVEL 27960' -4"DT -ADDITIONLEVEL 37971' -4"DT -ADDITIONLEVEL 47982' -4"DT -PROPOSEDGARAGE7948' -6"PROPOSED RIDGEHEIGHT8003' -8 9/32"DT -ADDITION 17941' -10"NON-OPERATING WINDOWS IN DORMERS1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA1.38PROPOSEDWESTELEVATIONPHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DD1/8" = 1'-0"1ELEVATION - ADDITION WESTKEYNOTE LEGENDKEYVALUEKEYNOTE TEXTDATE NO. DESCRIPTIONPHASE 2August 17, 2021 - Page 156 of 286 1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA1.393DPHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DDDATE NO. DESCRIPTIONPHASE 2August 17, 2021 - Page 157 of 286 1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA1.403DPHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DDDATE NO. DESCRIPTIONPHASE 2August 17, 2021 - Page 158 of 286 1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA1.413DPHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DDDATE NO. DESCRIPTIONPHASE 2August 17, 2021 - Page 159 of 286 1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA1.423DPHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DDDATE NO. DESCRIPTIONPHASE 2August 17, 2021 - Page 160 of 286 1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA1.433DPHASE 2 HIGHLINE HOTELProject Number - 1963LOT 1 HOTEL EXPANSION2211 N FRONTAGE RD WVAIL COLORADO 8165710.14.2020SD-DDDATE NO. DESCRIPTIONPHASE 2August 17, 2021 - Page 161 of 286 August 17, 2021 - Page 162 of 286 August 17, 2021 - Page 163 of 286 August 17, 2021 - Page 164 of 286 August 17, 2021 - Page 165 of 286 August 17, 2021 - Page 166 of 286 August 17, 2021 - Page 167 of 286 August 17, 2021 - Page 168 of 286 August 17, 2021 - Page 169 of 286 August 17, 2021 - Page 170 of 286 REMOVE EXISTINGSTORM PIPE ,. CLEAR/GR•\,, FOR _c�l-,.J=.�PROPOSED WifxWAY ,. \ .. RIM 7970.62' !NV IN 7960.08'...L.--;,_.,::;.-@ \ \ \ I \ \ RELOCATE EXISTING ___ \ �--���TELEPHONE PEDESTAL \ \ \ \ - -__Jl1_5!l.._ -)I I / \ RIM 7956. /Jfi' /NV IN 7949.17';­INV OUT 7948.81\ .. I I � I EXISTING TELEPHn.i\EPEDESTAL TO REMAiN I RIM 7948.50' /NV IN 7940.70' /NV OUT 7939.85' / / / / I & I I / "'REMOVE EXISTINlREES, lYPICAI.., -�- / / _w_.,,--�� _.,,-w w--w / w ___ w --� _w _w _.;,,,--w �:=.� w --s••-SA"_s.--s••J� - W V 7:·�6 O ,AN -SAN RIM 7971.53 IN IN � I. 4 sAN -s /NV IN 7961 86 --�-+--IN_v_ou�r 79� SAN -SAN -s,6,.N -/NV OUT 7961.80· SAN -s/1< SAN -sAN -s.&-N-__ __J ___ _ .... EXISTING lREES TO REMAIN (lYPICAL) REMOVE EXISTING ASPHALT FOR INSTALLATION OF GRASS PAVERS "Ii'" / SAWCUT/REMOVE ASPHALTFOR CURBED ISLANDS lYPICAL 0 I GRAPHIC SCALE 15 ,0 60 I I I ( IN FEET )1 inch = 30 fl N G) a, .c D.. 10Wow <{ a: 0::I-0w _J _J 0mu :> OJ' C <i: w> z _J J: J: >-5'm u::, <( f- (/) ::, z m 0 ::::, (/) (/) > w w a:: o._ W X f-X<( X 0 X 0 z c_ a:: 5' u ::, 0 w z ('.) (/) w 0 c_ a:: :i u ::, z 5' <( a:: 0 5' u ::, 0 w "' u w I u co m co 0 z 0 -:, z <( _J 0... z 0 1-­ _J 0 2 w 0 0 N 0 N 0 N ... 0 w >­<( 0 SHEET C7 .1 August 17, 2021 - Page 171 of 286 August 17, 2021 - Page 172 of 286 August 17, 2021 - Page 173 of 286 August 17, 2021 - Page 174 of 286 August 17, 2021 - Page 175 of 286 August 17, 2021 - Page 176 of 286 August 17, 2021 - Page 177 of 286 August 17, 2021 - Page 178 of 286 August 17, 2021 - Page 179 of 286 August 17, 2021 - Page 180 of 286 August 17, 2021 - Page 181 of 286 P L ANNI NG AND E NV I RO NM E NTAL C O M M I S S I O N J uly 26, 2021, 1:00 P M Town Council C hambers 75 S. F rontage 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 ybkNzgQ2eMGMYxH6F E0g After registering, you will receive a confirmation email containing information about joining the webinar. 1.2.Attendance Present: Ludwig Kurz, Karen Perez, Brian Gillette, Rollie Kjesbo, Pete Seibert, Henry Pratt Absent: Reid Phillips 2.Main Agenda 2.1.A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to allow for resubdivision of the existing Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, into the Highline Subdivision made up of two parcels, Lot 1 (approximately 3.635 acres) and Lot 2 (approximately 0.313 acres), located at 2211 North Frontage Road W est and 2213 Chamonix Ln, respectively, and setting forth details in regard thereto. (P E C21-0030) 20 min. Applicant:TNRE F I I I Bravo Vail L L C, represented by Mauriello Planning Group Planner:Greg Roy 1. This approval is contingent upon the applicant recording the plat prior to the issuance of a building permit for the development of lot 2 of the proposed Highline Subdivision. Planner Roy introduced the lot and project. He stated that there was a minor subdivision application earlier this year, but it was discovered that a lot line adjustment was needed. Staff is recommending approval. Dominic Mauriello stated that the reason behind the property line shift was in order to account for building requirements for openings and glazing based on setback from the lot line. No public comment Commissioner Gillette asked if this would affect the development of Lot 1. Mauriello stated that there would be no physical changes but would add an easement for Lot 1 to access the underground parking lot. Rollie Kjesbo moved to approve with conditions. Brian Gillette seconded the August 17, 2021 - Page 182 of 286 motion and it passed (6-0). Absent:(1)Phillips 2.2.A request for review of a Conditional Use Permit pursuant to Section 12-7J - 3, Conditional Uses, Vail Town Code, in accordance with Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, to allow for accessory eating, drinking, or retail establishments occupying between ten percent and fifteen percent of the total GRFA at the Highline Hotel located at 2211 North Frontage Road W est which is composed of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, and setting forth details in regard thereto. (P E C21-0019) 20 min. Applicant:TNRE F I I I Bravo Vail L L C, represented by Mauriello Planning Group Planner:Greg Roy 1. The floor plan included as part of the permit application review by the Planning and Environmental Commission is illustrative only. The precise location of the commercial uses within the building may be modified, however the size of the commercial areas may not increase without a modification to this permit. Planner Roy introduced the reasoning the behind this C UP is to account for the change in zoning to PA-2 which limits commercial square footage. There is no new commercial uses being added, the C UP is needed to bring the current uses in conformance with the new district. Roy also introduced three recommended conditions of approval. Staff is recommending a two year approval if construction is not commenced within that time. Commissioner Perez asked why the two year period is not lower. Roy responds that it coincided with the S D D timeline. Commissioner Gillette asked if the site was rezoned and an S D D was created. Roy indicated that this was correct. Gillette asked a question about uses. Roy stated that the rezoning was needed to account for a new proposed plans, but an S D D cannot add new allowed uses to the underlying zone district. Because of this, the limit on commercial square footage could not be changed with an S D D. Dominic Mauriello described the space that is in need of this C UP in detail. The current space is simply storage but will become a dormitory for employee housing. Plans to keep the storage space as storage until redevelopment and asked that the first condition be removed since no use commercial use is proposed in the meantime. He would also would ask that the second condition not apply as it is redundant. Also recommends that in the future the conditional use for commercial percentage be removed for the PA-2 zone district. Gillette asked how staff how they felt about the removal of conditions. Roy stated that staff is hesitant to remove the first condition but could be ok August 17, 2021 - Page 183 of 286 with it with an inspection to ensure the storage space is not used for commercial in the meantime. Staff is ok with the removal of the second condition. Gillette stated that he also would like Staff to look into removing this limit on commercial in the PA -2 district in order to encourage more commercial. Commissioner Pratt was in agreement with the removal of the first two conditions. Perez stated that she preferred to keep the conditions as a way to encourage the development of an employee housing unit sooner. No public comment. Rollie Kjesbo moved to approve with conditions. Brian Gillette seconded the motion and it passed (5-1). Ayes:(5)Gillette, Kjesbo, Kurz, Pratt, Seibert Nays:(1)Perez Absent:(1)Phillips 2.3.A request for a recommendation to the Vail Town Council for a major amendment to Special Development District (S D D) No. 43, Highline Doubletree, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to create a phasing plan, clarify conditions, and request an extension to the approval period, located at 2211 North Frontage Road W est which is composed of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, and setting forth details in regard thereto. (P E C21-0018) 45 min. Applicant:TNRE F I I I Bravo Vail L L C, represented by Mauriello Planning Group Planner:Greg Roy 1. The applicant shall obtain the certificate of occupancy for the E HU building before requesting a certificate of occupancy for the hotel addition. 2. Approval is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. 3. Applicant shall obtain approval from Holy Cross to vacate the easement under the proposed hotel addition before a building permit is issued for the hotel addition. 4. Applicant shall set aside two (2) three-bedroom units and two (2) one- bedroom units in the E HU building not to be included in the mitigation bank. 5. Prior to the issuance of a certificate of occupancy, the applicant shall record deed restrictions with the Eagle County Clerk and Recorder, in a format approved by the Town Attorney, for the Type I I I Employee Housing Units. 6. Applicant shall provide public art onsite with a value or at least $32,500 and the installation of the public art shall be completed before a certificate of occupancy for the hotel addition is granted. 7. The Applicant shall correct plans to meet the comments from the Fire Department for phase one and phase two prior to the submittal for a building permit for each respective phase of development. 8. Applicant shall update all plan pages to match the latest submission prior to the submittal for the Design Review Board application for August 17, 2021 - Page 184 of 286 each phase of development. 9. This application is contingent upon the approval of the conditional use permit (P E C21-0019) and minor subdivision (P E C21-0030) being approved. 10. The initial phase of construction shall begin within three (3) years from the time of the approval of this S D D Major Amendment, P E C21- 0018, with the construction of the second phase to begin prior to August 17, 2026. Planner Roy stated that the S D D number was altered due to a clerical error where S D D No. 42 had already been used. There are three portions of the amendment. The first would create a phasing plan for the two buildings. The second would remove some original conditions of approval that are either no longer relevant or already achieved. The third would establish a timeframe for the phasing. Greg next discussed, with maps, the phasing plan for the development. Gillette asked if the hotel would stay open in Phase 2. Mauriello stated that it would. Gillette asked if there would also still be parking for the hotel in this phase. Mauriello stated that there would always be parking during construction. Perez asked if there would be any loss of E HUs during the phasing plan and also asked if the surrounding neighbors had been notified of this change. I t was an important condition of approval at the time that everything be developed at once to reduce the overall time of construction for surrounding neighbors. Mauriello stated that there would be no loss of E HUs. He also stated that the neighbors had been notified about the changes being proposed as part of this meeting. They did not feel that additional public outreach was needed. The phasing does not provide any risk for the town even if the expansion of the hotel is abandoned. Pratt asked what the procedure was for the extension of an S D D approval period. Roy stated that there is not establish procedure for an extension, but it would be handled through this amendment process. Mauriello gave a few examples of other projects that had been granted an extension. He also doesn’t believe that an extension would run afoul of the upcoming West Vail Master Plan. Roy stated that currently the construction of and S D D normally must start within three years. The applicant is proposing a six year approval period. Staff would suggest that the three year approval period simply reset with this approval, should this amendment be approved. Staff has concerns about a code change that may happen within six years. There is no specific change anticipated, but over the course of six years code changes are likely to happen throughout the code. The applicant is also proposing that the one year grace period to start the second phase of the project be removed. Gillette asked the applicant to provide more argument for the elimination of August 17, 2021 - Page 185 of 286 the one year grace period. Mauriello stated that once the E HU building is started they would have one year to start the expansion of the hotel. This is a tight time period to meet. Gillette asked if this would give them unlimited time to pursue the hotel expansion then. Roy clarified that the hotel would be required to start construction within the overall S D D approval period. Commissioner Kjesbo stated that he was comfortable with the proposal due to the fact that the E HUs would be built up-front. Kurz was concerned that the larger approval period would result in a site that is under a construction state for upwards of a ten year period. Mauriello argued that the development starting from the W est Vail Master Plan might also take 10+ years. Gillette clarified this ten year construction statement. The construction would not take ten years, it may simply take almost six years to start and then a few more years to finish. Commissioner Seibert stated that he wasn’t sure that the first phase should be allowed to be extended to six years to start. I s ok with the hotel taking more then a year after the E HU building to start. Stated that he would rather hear a reason why the E HU building can’t start in three years if it cannot in that time period. Mauriello stated that he is ok with the E HU building being required to start within three years as long as the hotel component still has a six year approval. Kjesbo stated that he likes that proposal. He also mentioned that ultimately the P E C would be highly likely to approve an extension for the E HU construction anyway. Pratt stated that he is in favor of removing the one year phasing requirement and only resetting the project to a three year approval starting on this approval. Mauriello stated that developers can generally save more money and time when they do not need to be put through this approval process so frequently. Gillette stated that he likes the three year for E HUs and three more years for the hotel proposal the best. Roy continued to discuss the proposed changes to the previous conditions of approval in detail. Of note, Staff recommends that Fire department approval be addressed prior to the approval of a building permit for each stage. Staff is recommending approval with some changes to proposed conditions. Mauriello stated that the applicant is ok with the updated conditions. No public comment. August 17, 2021 - Page 186 of 286 Pratt is still in favor of maintaining the three year approval period for the overall approval. Rollie Kjesbo moved to approve with conditions. Brian Gillette seconded the motion and it passed (4-2). Ayes:(4)Gillette, Kjesbo, Kurz, Seibert Nays:(2)Perez, Pratt Absent:(1)Phillips 2.4.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 303 Gore Creek Drive which is composed of Vail Village Filing 1 Block 5 Lots 1-6, from the High Density Multiple- Family (HD MF) District to the Vail Village Townhouse (V V T) District and setting forth details in regard thereto. (P E C21-0031) 45 min. Applicant:Vail Townhouse Condominium Association, represented by Mauriello Planning Group Planner:Greg Roy Planner Roy began by discussing the site location itself and introducing the proposal to rezone to the Vail Village Townhouse District. W hen this zone district was created, properties such as this as well as the Texas Townhomes were intended to be rezoned to this zone district. This development does comply with the requirements of the V V T district. Staff is recommending approval of this rezoning. Chairman Kurz asked a question about the if the buildings to east are any different from these units under consideration. Roy stated that those units to the east were also compliant with the V V T district. Dominic Mauriello began by discussing more of the history of this site and the anticipated V V T rezoning. He anticipates that owners will come forward in the future with proposals to redevelop in accordance to this district’s standards. Public Comment Ericson Shirley stated that he was an owner of a unit and was in support of the rezoning. Thinks that these townhomes should not be held to the standard to look the same. Wants to see more creativity in their design. Kurz stated that he agreed with the public comment and that the existing townhomes in this district being unique in character has been positive. Brian Gillette moved to approve. Pete Seibert seconded the motion and it passed (4-0). Abstain:(2)Kjesbo, Pratt Absent:(1)Phillips 3.Approval of Minutes 3.1.J uly 12, 2021 P E C Results August 17, 2021 - Page 187 of 286 Rollie Kjesbo moved to approve. Brian Gillette seconded the motion and it passed (6-0). Absent:(1)Phillips 4.Adjournment Rollie Kjesbo moved to adjourn. Brian Gillette seconded the motion and it passed (6-0). Absent:(1)Phillips The applications and information about the proposals are available for public inspec tion during regular offic e hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site vis its that prec ede the public hearing in the Tow n of Vail Community Development Department. Times and order of items are approximate, subject to c hange, and c annot be relied upon to determine at w hat time the Planning and Environmental Commission w ill c onsider an item. Please c all (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department August 17, 2021 - Page 188 of 286 TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 26, 2021 SUBJECT: A request for a recommendation to the Vail Town Council for a major amendment to Special Development District (SDD) No. 43, Highline Doubletree, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to create a phasing plan, clarify conditions, and request an extension to the approval period, located at 2211 North Frontage Road West which is composed of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, and setting forth details in regard thereto. (PEC21-0018) Applicant: TNFREF III Bravo Vail LLC represented by Mauriello Planning Group Planner: Greg Roy I. SUMMARY The applicant, TNFREF lll Bravo Vail LLC, represented by Mauriello Planning Group and Triumph Development, is requesting a recommendation to the Vail Town Council for a major amendment to Special Development District (SDD) No. 43, Highline Doubletree, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to create a phasing plan, clarify conditions, and request an extension to the approval period, located at 2211 North Frontage Road West which is composed of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3. Based upon Staff’s review of the criteria outline in Section VIIl of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval, with conditions to the Vail Town Council to amend Special Development District No. 43. II. DESCRIPTION OF REQUEST August 17, 2021 - Page 189 of 286 Town of Vail Page 2 The applicant, TNFREF III Bravo Vail LLC represented by Mauriello Planning Group, is requesting a recommendation to the Vail Town Council of an application to amend Special Development District No. 43 (Highline Double Tree), pursuant to Section 12 -9A- 10 Amendment Procedures, Vail Town Code, to create a phasing plan for the SDD, clarify conditions that are completed or no longer relevant, and request an extension to the approval period with no requirement for a maximum one year period between the completion of a phase and the start of the subsequent phase , located at 2211 North Frontage Road West which is composed of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3. Attached for review are: A. Vicinity Map B. Applicant Narrative, 6-28-2021 C. Plan Set, 6-16-2021 III. BACKGROUND In 1980, the hotel was built under Eagle County jurisdiction and was annexed into the Town of Vail per Ordinance No. 43, Series 1980 and the zoned Commercial Core 3 (CC3) within the required ninety days. The Ordinance was later overturned by the Colorado Court of Appeals due to a lack on contiguity. It was then annexed again with Ordinance No. 1, Series 1986 and was again zoned CC3 with Ordinance No. 10, Series of 1986. Over time there have been multiple application for small remodels or exterior alterations. Most recently was an exterior alteration that allowed for the restriping of the parking lot, pool upgrades, and exterior facade upgrades to the building in 2016. This application was discussed before the PEC as part of a work session on December 9th, 2019. The Design Review Board also reviewed a conceptual application on December 18th, 2019. This application was scheduled to be heard on March 23rd but was tabled to the April 13th meeting where the major exterior alteration was approved and the rezoning and SDD application was recommended for approval to Town Council. Town Council heard Ordinance No. 3 for the rezoning on June 2, 2020 and June 16, 2020 for the first and second reading, respectively. This application along with Ordinance No. 4 for the creation of the SDD, which was heard at the same meetings were passed by Town Council. The PEC heard an application for a minor subdivision on this property on March 8 th of 2020 and approved the plat. That plat, however, was not recorded and an adjustment to the lot line was needed. For this reason, a subsequent minor subdivision application was received. August 17, 2021 - Page 190 of 286 Town of Vail Page 3 IV. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Land Use Plan, the Vail Village Master Plan and the Vail Town Code are relevant to the review of this proposal: Vail Town Code ARTICLE A. SPECIAL DEVELOPMENT (SDD) DISTRICT 12-9A-1: PURPOSE AND APPLICABILITY: A. Purpose: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan. An August 17, 2021 - Page 191 of 286 Town of Vail Page 4 approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. B. Applicability: Special development districts do not apply to and are not available in the following zone districts: hillside residential, single-family residential, two-family residential and two-family primary/secondary residential. (Ord. 29(2005) § 26: Ord. 9(1994) § 1: Ord. 21(1988) § 1) 12-9A-2: DEFINITIONS: AFFECTED PROPERTY: Property within a special development district that, by virtue of its proximity or relationship to a proposed amendment request to an approved development plan, may be affected by redesign, density inc rease, change in uses, or other modifications changing the impacts, or character of the approved special development district. AGENT OR AUTHORIZED REPRESENTATIVE: Any individual or association authorized or empowered in writing by the property owner to act on his (her) stead. If any of the property to be included in the special development district is a condominiumized development, the pertinent condominium association may be considered the agent or authorized representative for the individual unit owners if authorized in conformity with all pertinent requirements of the condominium association's declarations and all other requirements of the condominium declarations are met. MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW): Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this section), except as provided under section 12-15-4, "Interior Conversions", or 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance)", of this title. MINOR AMENDMENT (STAFF REVIEW): Modifications to building plans, site or landscape plans that do not alter the basic intent and character of the approved special development district, and are consistent with the design criteria of this article. Minor amendments may include, but not be limited to, variations of not more than five feet (5') to approved setbacks and/or building footprints; changes to landscape or site plans that do not adversely impact pedestrian or vehicular circulation throughout the special development district; or changes to gross floor area (excluding residential uses) of not more than five percent (5%) of the approved square footage of retail, office, common August 17, 2021 - Page 192 of 286 Town of Vail Page 5 areas and other nonresidential floor area, except as provided under section 12-15-4, "Interior Conversions", or 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance)", of this title. UNDERLYING ZONE DISTRICT: The zone district existing on the property, or imposed on the property at the time the special development district is approved. The following zone districts are prohibited from special development districts being used: hillside residential, single-family residential, two-family residential, two-family primary/secondary residential. (Ord. 29(2005) § 26: Ord. 13(1997) § 2: Ord. 9(1994) § 2: Ord. 21(1988) § 1) 12-9A-4: DEVELOPMENT REVIEW PROCEDURES: A. Approval Of Plan Required: Prior to site preparation, building construction, or other improvements to land within a special development district, there shall be an approved development plan for said district. The approved development plan shall establish requirements regulating development, uses and activity within a special development district. B. Preapplication Conference: Prior to submittal of a formal application for a special development district, the applicant shall hold a preapplication conference with the department of community development. The purpose of this meeting shall be to discuss the goals of the proposed special development district, the relationship of the proposal to applicable elements of the town's comprehensive plan, and the review procedure that will be followed for the application. C. PEC Conducts Initial Review: The initial review of a proposed special development district shall be held by the planning and environmental commission at a regularly scheduled meeting. Prior to this meeting, and at the discretion of the administrator, a work session may be held with the applicant, staff and the planning and environmental commission to discuss special development district. A report of the department of community development staff's findings and recommendations shall be made at the initial formal hearing before the planning and environmental commission. Within twenty (20) days of the closing of a public hearing on a proposed amendment, the planning and environmental commission shall act on the petition or proposal. The commission may recommend approval of the petition or proposal as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this title, or may recommend denial of the petition or rejection of the proposal. The commission shall transmi t its recommendation, together with a report on the public hearing and its deliberations and findings, to the town council. D. Town Council Review: A report of the planning and environmental commission stating its findings and recommendations, and the staff report shall then be transmitted to the town council. Upon receipt of the report and recommendation of August 17, 2021 - Page 193 of 286 Town of Vail Page 6 the planning and environmental commission, the town council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on a proposed SDD, the town council shall act on the petition or proposal. The town council shall consider but shall not be bound by the recommendation of the planning and environmental commission. The town council may cause an ordinance to be introduced to create or amend a special development district, either in accordance with the recommendation of the planning and environmental commission or in modified form, or the council may deny the petition. If the council elects to proceed with an ordinance adopting an SDD, the ordinance shall be considered as prescribed by the Vail town charter. (Ord. 29(2005) § 26: Ord. 21(1988) § 1) 12-9A-6: DEVELOPMENT PLAN: An approved development plan is the principal document in guiding the development, uses and activities of special development districts. A development plan shall be approved by ordinance by the town council in conjunction with the review and approval of any special development district. The development plan shall be comprised of materials submitted in accordance with section 12-9A-5 of this article. The development plan shall contain all relevant material and information necessary to establish the parameters with which the special development district shall develop. The development plan may consist of, but not be limited to, the approved site plan, floor plans, building sections and elevations, vicinity plan, parking plan, preliminary open space/landscape plan, densities and permitted, conditional and accessory uses. (Ord. 29(2005) § 26: Ord. 21(1988) § 1) 12-9A-7: USES: Determination of permitted, conditional and accessory uses shall be made by the planning and environmental commission and town council as a part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed special development district, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in a property's underlying zone district. Under certain conditions, commercial uses may be permitted in residential special development districts if, in the opinion of the town council, such uses are primarily for the service and convenience of the residents of the development and the immediate neighborhood. Such uses, if any, shall not change or destroy the predominantly residential character of the special development district. The amount of area and type of such uses, if any, to be allowed in a residential special development district shall be established by the town council as a part of the approved development plan. (Ord. 29(2005) § 26: Ord. 21(1988) § 1) 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS: August 17, 2021 - Page 194 of 286 Town of Vail Page 7 A. Criteria: The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. 3. Parking And Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. 5. Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. B. Necessary Findings: Before recommending and/or granting an approval of an application for a special development district, the planning and environmental commission and the town council shall make the following findings with respect to the proposed SDD: August 17, 2021 - Page 195 of 286 Town of Vail Page 8 1. That the SDD complies with the standards listed in subsection A of this section, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved. 2. That the SDD is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the SDD 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. (Ord. 29(2005) § 26: Ord. 21(1988) § 1) 12-9A-9: DEVELOPMENT STANDARDS: Development standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking shall be determined by the town council as part of the approved development plan with consideration of the recommendations of the planning and environmental commission. Before the town council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in section 12-9A-8 of this article. (Ord. 29(2005) § 26: Ord. 21(1988) § 1) 12-9A-10: AMENDMENT PROCEDURES: A. Minor Amendments: 1. Minor modifications consistent with the definition of "minor amendment" in subsection 12-9A-2 of this article, may be approved by the department of community development. All minor modifications shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the department of community development. 2. Notification of a proposed minor amendment, and a report of staff action of said request, shall be provided to all property owners within and adjacent to the special development district that may be affected by the amendment. Affected properties shall be as determined by the department of community development. Notifications shall be August 17, 2021 - Page 196 of 286 Town of Vail Page 9 postmarked no later than five (5) days following staff action on the amendment request and shall include a brief statement describing the amendment and the time and date of when the planning and environmental commission will be informed of the administrative action. In all cases the report to the planning and environmental commission shall be made within twenty (20) days from the date of the staff's decision on the requested amendment. 3. Appeals of staff decisions may be filed by adjacent property owners, owners of property within the special development district, the applicant, planning and environmental commission members or members of the town council as outlined in section 12-3-3 of this title. B. Major Amendments: 1. Requests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in section 12-9A-4 of this article. 2. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the special development district, and owners of all property within the special development district that may be affected by the proposed amendment (as determined by the department of community development). Notification procedures shall be as outlined in subsection 12 -3-6C of this title. (Ord. 29(2005) § 26: Ord. 21(1988) § 1) 12-9A-11: RECREATION AMENITIES TAX: A recreation amenities tax shall be assessed on all special development districts in accordance with title 2, chapter 5 of this code at a rate to be determined by the town council. This rate shall be based on the rate of the underlying zone district or the rate which most closely resembles the density plan for the zone district, whichever is greater. (Ord. 29(2005) § 26: Ord. 21(1988) § 1) 12-9A-12: TIME REQUIREMENTS: A. Start Of Construction; Completion: The developer must begin initial construction of the special development district within three (3) years from the time of its final approval, and continue diligently toward the completion of the project. If the special development district is to be developed in phases, the developer must begin construction of subsequent phases within one year of the completion of the previous phase. August 17, 2021 - Page 197 of 286 Town of Vail Page 10 B. Approval Voided: If the applicant does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed by the preceding subsection, the approval of said special development district shall be void. The planning and environmental commission and town council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in section 12-9A-4 of this article. (Ord. 29(2005) § 26: Ord. 21(1988) § 1) 12-9A-13: FEES: The filing fee for special development district applications and for major and minor amendments to special development districts shall be set by the town council by resolution. Applications deemed by the department of community development to have significant design, land use, or other issues which may have a significant impact on the community may require review by consultants other than town staff. Should a determination be made by the town staff that an outside consultant is needed to review any special development district application, said outside consultant shall be commissioned by the department of community development. The department of community development shall estimate the amount of money necessary to pay the outside consultant, and this amount shall be forwarded to the town by the applicant at the time the special development district application is submitted to the department of community development. Upon completion of the review of the application by the consultant, any of the funds forwarded by the applicant for payment of the consultant which have not been paid to the consultant, shall be returned to the applicant. Expenses incurred by the town in excess of the amount forwarded by the applicant shall be paid to the town by the applicant within thirty (30) days of notification by the town. (Ord. 29(2005) § 26: Ord. 5(1991) § 1: Ord. 21(1988) § 1) 12-9A-14: EXISTING SPECIAL DEVELOPMENT DISTRICTS: Nothing in this article shall be construed to limit, replace or diminish the requirements, responsibilities, and specifications of special development districts 2 through 21. The town council specifically finds that said special development districts 2 through 21 shall remain in full force and effect, and the terms, conditions, and agreements c ontained therein shall continue to be binding upon the applicants thereof and the town. These SDDs, if not commenced at the present time, shall comply with section 12-9A-12 of this article. (Ord. 29(2005) § 26: Ord. 21(1988) § 1) V. SITE ANALYSIS Address: 2211 North Frontage Road West Legal Description: Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing August 17, 2021 - Page 198 of 286 Town of Vail Page 11 No. 1 and Lot 1, Vail Das Schone Filing 3 Existing Zoning: Commercial Core 3 (CC3) Proposed Zoning: Public Accommodation-2 (PA-2) District Land Use Plan Designation: Community Commercial Current Land Use: Lodge Proposed Land Use: Lodge and Employee Housing Apartment Building Geological Hazards: Debris Flow, Steep Slopes and Rock Fall Hazard Development Standard Required by Town Code Approved Lot Size Min. 10,000 sq. ft. 3.95 acres (172,047 sq. ft.) Minimum Setbacks Front – 20’ Side – 20’ Rear – 20’ North: 20’ South: >20’ East: 12’ West: >20’ Maximum Height 48 ft. max - mansard 45 ft. max - flat 47’6” ft. max 44’3” ft. max GRFA Max. 150/100 Buildable Site Area or 258,070 SF 77,805 sq. ft. Site coverage maximum Max. 65% of site area or 111,830 sq. ft. 62,070 sq. ft. or 36% Minimum Landscaping Min. 30% of site area or 51,614 sq. ft. 53,948 sq. ft. or 31% Minimum Snow Storage Min. 30% of paved area* or 16,945 sq. ft. 17,189 sq. ft. or 30% Required Parking 256 spaces 208 spaces Vl. SURROUNDING LAND USES AND ZONING Existing Use Zone District North: Multi-family/Single- family Two-Family Primary/Secondary Residential South: I-70 N/A East: Commercial Commercial Core 3 (CC3) W est: Commercial/Housing Commercial Core 3 (CC3) & Housing (H) VlI. SPECIAL DEVELOPMENT DISTRICT AMENDMENT REQUESTED: 1. Phasing Plan This SDD’s approval did not include a phasing plan and the components were to be August 17, 2021 - Page 199 of 286 Town of Vail Page 12 developed at the same time. This amendment proposes to split the project into two phases. Below is a summary of the improvements to be completed with each of the phases: Phase 1 1. Construction of the EHU building. 2. All landscape improvements on the propose Lot 2 . 3. Sidewalk and parking improvements along Chamonix Ln and continuing the sidewalk from the Chamonix Rd intersection to the bus stop. 4. Construction of the stairs from Chamonix Ln to the parking lot. Phase 2 1. Construction of the hotel addition, including the underground parking. 2. Remodel of the pool deck. 3. Reconfiguration of the parking lots. 4. Continuing the sidewalk down Chamonix Rd. The Applicant also proposes to be allowed to perform some of the improvements that are within the existing hotel structure, namely the conversion of office space to a dormitory. 2. Amend Conditions of Approval With the original approval of the SDD, there were thirteen conditions of approval that are listed below. 1. Applicant shall obtain approval for subdivision before a certificate of occupancy for the EHU building is granted. 2. The applicant shall obtain the certificate of occupancy for the EHU building before requesting a certificate of occupancy for the hotel addition. 3. Approval is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. 4. The applicant shall obtain approval for a conditional use permit for the commercial space on the first floor before a building permit is issued. 5. Applicant shall obtain approval from Holy Cross to vacate the easement under the proposed hotel addition before a building permit is issued. 6. Applicant shall set aside two (2) three-bedroom units and two (2) one-bedroom units in the EHU building not to be included in the mitigation bank. August 17, 2021 - Page 200 of 286 Town of Vail Page 13 7. Prior to the issuance of a certificate of occupancy, the applicant shall record deed restrictions with the Eagle County Clerk and Recorder, in a format approved by the Town Attorney, for the Type III Employee Housing Units. 8. The applicant shall coordinate and resolve landscape conflicts with utilities and sight distance before a building permit is issued. 9. The applicant shall show the drainage outfall for Chamonix Lane swale in the building permit submittal. 10. The applicant shall provide a 2’ gravel shoulder along Chamonix Lane and side slopes of swale no steeper than 2:1. 11. Applicant shall increase AIPP contribution to $32,500 and the installation shall be completed before a certificate of occupancy for the hotel addition is granted. 12. Applicant shall correct plans to meet the comments from the Fire Department prior to the submittal for a building permit. 13. Applicant shall update all plan pages to match the latest submission prior to the submittal for the Design Review Board application. Out of these thirteen conditions the Applicant is proposing the following modifications as listed in the narrative with the applicant’s reasoning and follow by Staff’s comments. If the PEC does approve the minor subdivision as it is heard at this meeting, this condition will be no longer relevant. If the PEC does approve the conditional use permit as it is heard at this meeting, this condition will be no longer relevant. This condition was related to an easement (shown in orange below) that is underneath the proposed hotel addition. The modification of the easement would make sense to be tied to the hotel addition in phase two as proposed by the applicant. August 17, 2021 - Page 201 of 286 Town of Vail Page 14 Conditions 8, 9, and 10 were comments made from our Public Works team on improvements that they needed to happen along Chamonix Lane. With this latest set of plans those changes have been made and have been approved by Public Works. As such, these are no longer relevant. August 17, 2021 - Page 202 of 286 Town of Vail Page 15 As the condition was affirmed by Council that the minimum dollar amount of the art shall be $32,500 the change to this condition is appropriate. Our AIPP Coordinator has approved of the change to the wording of this condition. As of March 18th, 2020, there were unresolved comments from the Fire department on the staging and access plan. This was the latest review before the applica tion went to public meetings, and the condition was added that these comments be met. At this time the Fire department staff has not had time to review the latest submission to see if the comments related to phase one have been addressed. As staff believes the comments for phase one and phase two could be answered independently, an alternative condition is proposed by Staff to keep the project moving forward. “12. The Aapplicant shall correct plans to meet the comments from the Fire Department for phase one and phase two prior to the submittal for a building permit for each respective phase of development.” Staff supports this amendment to ensure that as future DRB applications come in the plans are clear and laid out for each phase. 3. Extension of Approval Period Section 12-9A-12 Time Requirements lays out the time requirements for completion of an SDD. The requirements are listed in subsection A: “A. Start Of Construction; Completion: The developer must begin initial construction of the special development district within three (3) years from the time of its final approval, and continue diligently toward the completion of the project. If the special development district is to be developed in phases, the developer must begin construction of subsequent phases within one year of the completion of the previous phase.” The first requirement is that construction must begin within three (3) years of approval. The applicant is asking for approval to extend that time to six (6) years, which would give the project until June 15th, 2026 to start construction. The second time requirement is that if the project is to be done in phases then construction of subsequent phases must begin within one year or completion of the previous phase. The applicant is asking for this portion of the requirement to be waived to allow them to start the second phase with no regard to when the first phase is completed. August 17, 2021 - Page 203 of 286 Town of Vail Page 16 The purpose of this section is to ensure that SDDs that are approved are initiated and completed in a timely manner. As time progresses, Town Code, building codes, and fire codes change, the design and construction of a project could change as well. By 2026 the fire code and building code would have gone through two adoption cycles. By extending the approval period of the project the buildings could be non-compliant with the code at the time that it is built. If the PEC determines that six years would be against the intent of this code section. An option would be to restart the approval period if/when Town Council approves this proposed amendment, which would give the SDD until August 2024 (specific date uncertain) to start construction. If the PEC determines that restarting the approval date with the approval of this amendment is appropriate, Staff suggests the following condition be added to the SDD: “The initial phase of construction shall begin within three (3) years from the time of the approval of this SDD Major Amendment, PEC21 -0018, with the construction of the second phase to begin within one year of the completion of the first phase.” Vlll. REVIEW CRITERIA – SDD Criteria: The following design criteria shall be used as the principal criteria in evaluation the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that the submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable or that a practical solution consistent with the public interest has been achieved: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The proposed SDD amendment is generally compatible and sensitive to the immediate environment, neighborhood or adjacent properties. The proposed phasing plan shows that the phase one portion of the SDD will be able to be constructed in a way that will fit into the current site. There are no design changes that would affect the compatibility with the neighborhood or adjacent properties. Staff finds that this criterion is met. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. August 17, 2021 - Page 204 of 286 Town of Vail Page 17 The SDD amendment does not propose a change in the use, or activity on the site. Density in terms of residential will be decreased with this application. In terms of building density as site coverage, the application does not propose any new density that has not already been approved. Staff finds that this criterion is met. 3. Parking And Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. The phasing of this project would put the EHU building construction before the hotel addition. This would preserve the existing parking at the northwest of the site and maintains enough parking for the existing hotel and the EHU building. Staff finds that this criterion is met. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. The application would be forwarding the Goal #4 of the Land Use and Development section of the comprehensive plan if the employee housing building would be in addition to required employee housing. The applicant is proposing to build this as a mitigation bank so that future developments that are unable to build the necessary units on their site can buy into the mitigation bank to satisfy their requirement. The application is leaving two one-bedroom units and two three-bedroom units out of the bank as a true benefit that cannot be credited towards another development. Having these additional units puts the town closer to achieving its goals for providing housing. This amendment also proposes to build the EHU building prior to the hotel addition which provides the most benefit in terms of timing. Staff finds that this criterion is met. 5. Natural And/Or geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. There are steep slopes, hazardous rock fall, and debris flow that affect this property. The applicant supplied a report on these hazards. The report states that a site specific study would need to be completed for debris flow to suggest the needed mitigation for the site, and that the rock fall hazard was low for this site. A site specific study for all geologic hazards will be required prior to building permit. Staff finds that this criterion is met. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and August 17, 2021 - Page 205 of 286 Town of Vail Page 18 sensitive to natural features, vegetation and overall aesthetic quality of the community. Phase two, which represents the completion of the project has been found to meet this criterion with the original approval. The phase one plan has been found to also produce a functional development. The EHU building will be set in the established location at the rear of the site. This allows for access to the parking in the northwest of the project to be maintained and allows appropriate spacing between the EHU building and the existing hotel. The stairs to the east of the EHU building and the sidewalk along Chamonix Lan e will be built with phase one, which allows the occupants of the of the EHU building to have access to the parking lot to the south, to the bus stop to the east and provide a walking path for occupants and other residents in the area along Chamonix Lane. Conformance with zoning standards such as setbacks, height, snow storage and landscaping are maintained with the phased approach to this project. Design features for the buildings and how the phases align architecturally will be in the purview of the Design Review Board when an application for their approval is submitted. Staff finds that this criterion is met. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. Sufficient pedestrian access is maintained with this application. The sidewalk along Chamonix Ln, will improve off-site circulation adjacent to the phase one development. The stairs to the east of the EHU building will provide access for those residents to the interior of the site. The interior sidewalks and striping will be included in phase two, which will further improve safe pedestrian flow through the site. Vehicular circulation is not significantly changing from the existing with the phase one development. The most significant change from existing is the loss of parking along the north where the EHU building will be built and the access to the parking in the northwest of the site. Minimum drive aisles are maintained from the parking on east that lead to the parking on the northwest. Staff finds that this criterion is met. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The phase one landscaping includes three twelve-foot tall blue spruces in the plan. Two are in the area between Chamonix Lane and the building. The PEC has asked in previous meetings that vegetation be used to screen the building from the roadway, and that appears to be the intent in the distribution of the trees in the front of the site. August 17, 2021 - Page 206 of 286 Town of Vail Page 19 Phase two landscaping takes a similar approach and proposes a majority of new plantings between the hotel addition and the road, with a heavy screen along Chamonix Lane. Staff finds that this criterion is met. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The phasing plan for this SDD is workable and functional. As there are only two phases, the primary focus is whether phase one fits in with the existing conditions before phase two is built and completes the site. As previously stated, the EHU building and other phase one improvements fit in with the existing conditions and will provide a workable plan. Staff finds that this criterion is met. lX. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section V lll of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval with conditions to the Vail Town Council to establish a Special Development District No. 42 (Highline Double Tree), pursuant to Section 12 -9-A Special Development (SDD) District, Vail Town Code, on the parcel which is composed of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3. Suggested Motion Should the Planning and Environmental Commission choose to forward a recommendation of approval with conditions, the Community Development Department recommends the Commission pass the following motion: “The Planning and Environmental Commission forwards a recommendation of approval with conditions to the Vail Town Council for a Major Amendment to Special Development District No. 43 (Highline Double Tree), pursuant to Section 12-9A-10 Amendment Procedures, Vail Town Code, on the parcel which is composed of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3 and setting forth details in regard thereto”. Should the Planning and Environmental Commission choose to forward a recommendation of approval with conditions, the Community Development Department recommends the Commission applies the following conditions: August 17, 2021 - Page 207 of 286 Town of Vail Page 20 1. The applicant shall obtain the certificate of occupancy for the EHU building before requesting a certificate of occupancy for the hotel addition. 2. Approval is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. 3. Applicant shall obtain approval from Holy Cross to vacate the easement under the proposed hotel addition before a building permit is issued for the hotel addition. 4. Applicant shall set aside two (2) three-bedroom units and two (2) one-bedroom units in the EHU building not to be included in the mitigation bank. 5. Prior to the issuance of a certificate of occupancy, the applicant shall record deed restrictions with the Eagle County Clerk and Recorder, in a format approved by the Town Attorney, for the Type III Employee Housing Units. 6. Applicant shall provide public art onsite with a value or at least $32,500 and the installation of the public art shall be completed before a certificate of occupancy for the hotel addition is granted. 7. The Applicant shall correct plans to meet the comments from the Fire Department for phase one and phase two prior to the submittal for a building permit for each respective phase of development. 8. Applicant shall update all plan pages to match the latest submission prior to the submittal for the Design Review Board application for each phase of development. 9. This application is contingent upon the approval of the conditional use permit (PEC21-0019) and minor subdivision (PEC21-0030) being approved. Suggested Findings Should the Planning and Environmental Commission choose to forward a recommendation of approval with conditions, the Community Development Department recommends the Commission makes the following findings: “Based upon the review of the criteria outline in Section Vlll of the Staff memorandum to the Planning and Environmental Commission dated July 26th, 2021, and the evidence and testimony presented, the Planning and Environmental Commission finds: August 17, 2021 - Page 208 of 286 Town of Vail Page 21 1. That the SDD does comply with the standards listed in subs ection A of this section; and 2. That the SDD is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the SDD does 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.” X. ATTACHMENTS A. Vicinity Map B. Applicant Narrative, 6-28-2021 C. Plan Set, 6-16-2021 August 17, 2021 - Page 209 of 286 1 8/11/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\HIGHLINE HOTEL\PEC21-0018 SDD AMENDMENT - PHASING\TC DOCS\ORDINANCE NO. 16-O081021.DOCX ORDINANCE NO. 16 SERIES OF 2021 AN ORDINANCE APPROVING AMENDMENTS TO SPECIAL DEVELOPMENT DISTRICT NO. 43, HIGHLINE DOUBLE TREE WHEREAS, TNREF lll Bravo Vail LLC (the "Applicant") owns the real property more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, the zoning of the Property is subject to Special Development District No. 43, Highline Double Tree ("SDD 43"); WHEREAS, on March 29, 2021, the Applicant filed an application to amend SDD 43 (the "Application"); WHEREAS, amendments to special development districts are governed by Vail Town Code § 12-9A-10; WHEREAS, on July 26, 2021, the Planning and Environmental Commission (the “PEC”) held a properly-noticed public hearing on the Application, and recommended that the Town Council approve the Application, subject to certain conditions; and WHEREAS, on August 17, 2021, the Town Council held a properly-noticed public hearing on the Application. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Findings. The Town Council, upon reviewing the recommendation of the Planning Commission, hearing the statements of Town staff, the Applicant and the public, and giving due consideration to the matter, finds and determines as follows: a. The amendment to SDD 43 complies with the standards set forth in § 10- 9A-8(A); b. The amendment to SDD 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; c. The amendment to SDD 43 is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and d. The amendment to SDD 43 promotes the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. August 17, 2021 - Page 210 of 286 2 8/11/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\HIGHLINE HOTEL\PEC21-0018 SDD AMENDMENT - PHASING\TC DOCS\ORDINANCE NO. 16-O081021.DOCX Section 2. Decision. Based on the foregoing findings, the Town Council hereby approves the Application and the amendments to SDD 43 contained in the Application, subject to the Approved Development Plan set forth in Section 3 hereof, the standards set forth in Section 4 hereof, and the following conditions: a. Applicant shall obtain the certificate of occupancy for the Employee Housing Unit ("EHU") building before Applicant requests a certificate of occupancy for the hotel addition. b. Applicant shall obtain approval of an associated design review application. c. Applicant shall obtain approval from Holy Cross to vacate the easement under the proposed hotel addition before a building permit is issued for the hotel addition. d. Applicant shall set aside two three-bedroom units and two one-bedroom units in the EHU building not to be included in the mitigation bank. e. Prior to the issuance of a certificate of occupancy, Applicant shall record deed restrictions with the Eagle County Clerk and Recorder, in a format approved by the Town Attorney, for the Type III EHUs. f. Applicant shall provide public art onsite with a value of at least $32,500 and the installation of the public art shall be completed before Applicant requests a certificate of occupancy for the hotel addition. g. The Applicant shall correct plans to meet the comments from the Fire Department for Phase 1 and Phase 2 prior to the submittal of building permit applications permit for each phase. h. Applicant shall update all plan pages to match the latest submission prior to the submittal for the Design Review Board application for each phase of development. i. j. Construction of Phase 1 shall begin within three years from the date of adoption of this Ordinance, and construction of Phase 2 shall begin prior to September 7, 2026. Section 3. Development Plan. The Approved Development Plan for SDD 43 includes the following plans and materials provided by Pierce Austin Architects and Alpine Engineering, Inc. dated June 16, 2021: A1.00 – Cover A1.01 – Site Data A1.02 – Exterior Materials – EHU A1.03 – Shade Analysis August 17, 2021 - Page 211 of 286 3 8/11/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\HIGHLINE HOTEL\PEC21-0018 SDD AMENDMENT - PHASING\TC DOCS\ORDINANCE NO. 16-O081021.DOCX A1.04 – Roof Plan Historic Grade A1.05 – Roof Plan Finished Grade A1.06 – EHU Level 1 / Level 2 A1.07 – EHU Level 3 / Level 4 A1.08 – EHU North A1.09 – EHU East/West A1.10 – EHU South A1.11 – 3D A1.12 – 3D A1.13 – 3D A1.14 – Cover A1.15 – GRFA Existing Hotel A1.16 – GRFA Proposed Hotel A1.17 – GRFA Proposed Dorm Units A1.18 – Site Data A1.19 – Site Parking Data A1.20 – Exterior Materials – Hotel A1.21 – Shade Analysis A1.22 – Roof Plan historic Grade A1.23 – Roof Plan Finished Grade A1.24 – Existing hotel Level 1 A1.25 – Level 2 A1.26 – Level 3 A1.27 – Level 4 A1.28 – Loft Level A1.29 – Hotel Addition – Level 1 A1.30 – Hotel Addition – Level 2 A1.31 – Hotel Addition – Level 3 A1.32 – Hotel Addition – Level 4 A1.33 – Double Rooms A1.34 – Single Room A1.35 – Proposed North Elevation A1.36 – Proposed East Elevation A1.37 – Proposed South Elevation A1.38 – Proposed West Elevation A1.39 – 3D A1.40 – 3D A1.41 – 3D A1.42 – 3D A1.43 – 3D C1.0 – Civil Notes C1.1 – Demolition Plan C1.2 – Site Layout C2.0 – EHU Building: Grading Plan C3.0 – Storm Sewer Plan C4.0 – Utility Plan August 17, 2021 - Page 212 of 286 4 8/11/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\HIGHLINE HOTEL\PEC21-0018 SDD AMENDMENT - PHASING\TC DOCS\ORDINANCE NO. 16-O081021.DOCX C5.0 – Fire Turning Simulation C6.0 – Erosion Control Plan C7.0 – Civil Notes C7.1 – Demolition Plan C7.2 – Site Layout C7.3 – Historical Site Grades C8.0 – Grading Plan C8.1 – Grading Plan C9.0 – Storm Sewer Plan C10.0 – Utility Plan C11.0 – Fire Turning Simulation C12.0 – Erosion Control Plan L-1 – Phase 1 Landscape Plan L-2 – Phase 2 Landscape Plan Section 4. Development Standards. SDD 43 shall be subject to the following development standards: a. Permitted Uses – The permitted uses shall be as set forth in the underlying Public Accommodation 2 zone district. b. Conditional Uses – The conditional uses shall be as set forth in § 12-7J-3 of the Vail Town Code. A conditional use permit (PEC 21-0019) was approved on July 26, 2021 to allow commercial floor area between 10% and 15% of the residential floor area allowed onsite. c. Density – The number of units shall not exceed the following: Accommodation Units – 176; Limited Service Lodging Units – 19. d. Floor Area – The gross residential floor area (GRFA), common area and commercial square footage shall be as set forth in the Approved Development Plan. Specifically: GRFA – 77,805 square feet (proposed)/80,000 square feet (allowed); Retail/Restaurant/Lounge – 8,475 square feet (proposed)/11,670 square feet (allowed); Conference Facilities – 7,666 square feet (gross). e. Setbacks – Required setbacks shall be as set forth in the Approved Development Plan: front – 20 feet; sides – 20 feet (except the side setback for the EHU dumpster enclosure shall be 12 feet); and rear – 20 feet. f. Height – The maximum building height shall be as set forth in the Approved Development Plan: 45 feet for flat roofs; and 48 feet for sloped roofs. g. Site Coverage – The maximum site coverage shall be as set forth in the Approved Development Plan: site coverage maximum, 40%; and site coverage as proposed, 36%. August 17, 2021 - Page 213 of 286 5 8/11/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\HIGHLINE HOTEL\PEC21-0018 SDD AMENDMENT - PHASING\TC DOCS\ORDINANCE NO. 16-O081021.DOCX h. Landscaping – The minimum landscape area requirement shall be as set forth in the Approved Development Plan: landscaping minimum: 30% (including areas that do not meet the minimum size to qualify as landscaping). i. Parking and Loading – The required number of off-street parking spaces and loading/delivery berths shall be as set forth in the Approved Development Plan: 175 spaces required; 208 spaces provided. The parking counts are based on the following parking rates: Accommodation Unit: 0.7 spaces per unit Limited Service Lodge Unit: 0.7 spaces per unit Hotel meeting room space: No parking required Hotel Restaurant/Bar: No parking required Hotel Oriented Service or Retail: No parking required 3rd Party Restaurant: 1 space for 120 sq. ft. of seating area Employee Housing Dorm Unit: 2.5 spaces Employee Housing Unit: 1.06 spaces per unit. Section 5. 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 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 6. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 7. 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 8. 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, August 17, 2021 - Page 214 of 286 6 8/11/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\HIGHLINE HOTEL\PEC21-0018 SDD AMENDMENT - PHASING\TC DOCS\ORDINANCE NO. 16-O081021.DOCX theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of August, 2021 and a public hearing for second reading of this Ordinance set for the 7th day of September, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk August 17, 2021 - Page 215 of 286 7 8/11/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\HIGHLINE HOTEL\PEC21-0018 SDD AMENDMENT - PHASING\TC DOCS\ORDINANCE NO. 16-O081021.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of September, 2021. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk August 17, 2021 - Page 216 of 286 8 8/11/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\HIGHLINE HOTEL\PEC21-0018 SDD AMENDMENT - PHASING\TC DOCS\ORDINANCE NO. 16-O081021.DOCX Exhibit A Portions of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing NO. 1 and Lot 1, Vail Das Schone Filing 3 August 17, 2021 - Page 217 of 286 PRESENTATION BY Greg Roy, AICP Planner ll Ordinance No. 16, Series of 2021 PEC21-0018 SDD Major Amendment 2211 North Frontage Road West August 17, 2021 - Page 218 of 286 Vicinity Map Town of Vail | PEC21-0018| vailgov.com August 17, 2021 - Page 219 of 286 Proposed Amendments Town of Vail | PEC21-0018| vailgov.com Proposed Amendments: 1.Phasing Plan Create a phasing plan with two phases. Phase one would be the construction of the EHU building on Lot 2 with associated improvements. Phase two would be the construction of the hotel addition and the remainder of the improvements included in the SDD approval. 2.Amend Conditions of Approval Amend the conditions to account for the phasing plan and conditions that have been met at this time. 3.Extension of Approval Period Extend the approval period that requires construction to start within three years from the date of approval with any subsequent phases beginning within one year of the completion of the previous phase, to three years from approval of the amendment for the start of phase one and five years from the approval of the amendment for the start of phase two. August 17, 2021 - Page 220 of 286 Phasing Plan –Phase 1 Town of Vail | PEC21-0018| vailgov.com Phase 1 Summary of Improvements: 1. Construction of the EHU building. 2. All landscape improvements on the proposed Lot 2. 3. Sidewalk and parking improvements along Chamonix Ln and continuing the sidewalk from the Chamonix Road intersection to the bus stop. 4. Construction of the stairs from Chamonix Ln to the parking lot. August 17, 2021 - Page 221 of 286 Phasing Plan –Phase 1 Landscaping Town of Vail | PEC21-0018| vailgov.com August 17, 2021 - Page 222 of 286 Phasing Plan –Phase 2 Town of Vail | PEC21-0018| vailgov.com Phase 2 Summary of Improvements: 1. Construction of the hotel addition, including the underground parking. 2. Remodel of the pool deck. 3. Reconfiguration of the parking lots. 4. Continuing the sidewalk down Chamonix Rd. August 17, 2021 - Page 223 of 286 Phasing Plan –Phase 2 Landscaping Town of Vail | PEC21-0018| vailgov.com August 17, 2021 - Page 224 of 286 Extension of Approval Period Town of Vail | PEC21-0018| vailgov.com Section 12-9A-12 Time Requirements lays out the time requirements for completion of an SDD. The requirements are listed in subsection A: “A.Start Of Construction; Completion: The developer must begin initial construction of the special development district within three (3) years from the time of its final approval, and continue diligently toward the completion of the project. If the special development district is to be developed in phases, the developer must begin construction of subsequent phases within one year of the completion of the previous phase.” August 17, 2021 - Page 225 of 286 Extension of Approval Period Town of Vail | PEC21-0018| vailgov.com Approved Timeline: Initial construction begins by June 15, 2023 Requested Timeline: Initial construction begins by June 15, 2026 with no requirement for a subsequent phase to begin within one year of the completion of the previous phase PEC Recommended Timeline: Initial construction begins by September 7, 2024 with the second phase to begin by September 7, 2026 August 17, 2021 - Page 226 of 286 Approved Conditions Town of Vail | PEC21-0018| vailgov.com 1. Applicant shall obtain approval for subdivision before a certificate of occupancy for the EHU building is granted. 2. The applicant shall obtain the certificate of occupancy for the EHU building before requesting a certificate of occupancy for the hotel addition. 3. Approval is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. 4. The applicant shall obtain approval for a conditional use permit for the commercial space on the first floor before a building permit is issued. 5. Applicant shall obtain approval from Holy Cross to vacate the easement under the proposed hotel addition before a building permit is issued. 6. Applicant shall set aside two (2) three-bedroom units and two (2) one-bedroom units in the EHU building not to be included in the mitigation bank. 7. Prior to the issuance of a certificate of occupancy, the applicant shall record deed restrictions with the Eagle County Clerk and Recorder, in a format approved by the Town Attorney, for the Type III Employee Housing Units. 8. The applicant shall coordinate and resolve landscape conflicts with utilities and sight distance before a building permit is issued. 9. The applicant shall show the drainage outfall for Chamonix Lane swale in the building permit submittal. 10. The applicant shall provide a 2’ gravel shoulder along Chamonix Lane and side slopes of swale no steeper than 2:1. 11. Applicant shall increase AIPP contribution to $32,500 and the installation shall be completed before a certificate of occupancy for the hotel addition is granted. 12. Applicant shall correct plans to meet the comments from the Fire Department prior to the submittal for a building permit. 13. Applicant shall update all plan pages to match the latest submission prior to the submittal for the Design Review Board application. August 17, 2021 - Page 227 of 286 Proposed Changes to Approved Conditions Town of Vail | PEC21-0018| vailgov.com August 17, 2021 - Page 228 of 286 Proposed Changes to Approved Conditions Town of Vail | PEC21-0018| vailgov.com August 17, 2021 - Page 229 of 286 Recommended Conditions Town of Vail | PEC21-0018| vailgov.com a.Applicant shall obtain the certificate of occupancy for the Employee Housing Unit ("EHU")building before Applicant requests a certificate of occupancy for the hotel addition. b.Applicant shall obtain approval of an associated design review application. c.Applicant shall obtain approval from Holy Cross to vacate the easement under the proposed hotel addition before a building permit is issued for the hotel addition. d.Applicant shall set aside two three-bedroom units and two one-bedroom units in the EHU building not to be included in the mitigation bank. e.Prior to the issuance of a certificate of occupancy,Applicant shall record deed restrictions with the Eagle County Clerk and Recorder,in a format approved by the Town Attorney,for the Type III EHUs. f.Applicant shall provide public art onsite with a value of at least $32,500 and the installation of the public art shall be completed before Applicant requests a certificate of occupancy for the hotel addition. g.The Applicant shall correct plans to meet the comments from the Fire Department for Phase 1 and Phase 2 prior to the submittal of building permit applications permit for each phase. h.Applicant shall update all plan pages to match the latest submission prior to the submittal for the Design Review Board application for each phase of development. i.Construction of Phase 1 shall begin within three years from the date of adoption of this Ordinance,and construction of Phase 2 shall begin prior to September 7,2026. August 17, 2021 - Page 230 of 286 Thank you August 17, 2021 - Page 231 of 286 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordinance No. 17, Series of 2021 - An Ordinance Rezoning Vail Village Filing 1, B lock 5, L ots 1-6 from High Density Multiple-Family (HD MF) to the Vail Village Townhouse (V V T ) District P RE S E NT E R(S ): Greg Roy, Planner AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with modifications, or deny Ordinance No. 17, S eries of 2021, upon first reading. B AC K G RO UND: On A ugust 21, 2012 the Vail Town council adopted Ordinance No. 2 Series of 2012 establishing the Vail Village Townhouse Zone District. T he Vail Village Townhouse (V V T ) District was adopted following numerous public hearings before the Planning and Environmental Commission and the Town Council. A t first it was a private property owner initiated application and later, as a Community Development staff led effort. I n 2014 the Vail Rowhouses 7-13 and Texas Townhomes went through the rezoning process to change the zoning on their lots from HD MF to the V V T district. S TAF F RE C O M M E ND AT IO N: A pprove, approve with modifications, or deny Ordinance No. 17, S eries of 2021, upon first reading. AT TAC H ME N TS: Description Ordinance No. 17 Staff Memorandum Attachment A. Vicinity Map Attachment B. Applicant Narrative 5-26-2021 Attachment C. P E C Minutes 072621 Attachment D. Staff Memorandum - P E C21-0031 Attachment E. Ordinance No. 17, Series of 2021 Presentation August 17, 2021 - Page 232 of 286 TO: Town Council FROM: Community Development Department DATE: August 17, 2021 SUBJECT: First Reading of Ordinance No. 17, Series of 2021, an ordinance for a zone district boundary amendment, pursuant to Section12 -3-7, Amendment, Vail Town code, to allow for the rezoning of 303 Gore Creek Drive which is composed of Vail Village Filing 1 Block 5 Lots 1-6, from the High Density Multiple-Family (HDMF) District to the Vail Village Townhouse (VVT) District and setting forth details in regard thereto. (PEC21-0031) Applicant: Vail Townhouse Condominium Property Owners Association, represented by Mauriello Planning Group Planner: Greg Roy I. SUMMARY The applicant, Vail Townhouse Condominium Association, represented by Mauriello Planning Group, is requesting approval of a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 303 Gore Creek Drive, which is composed of Vail Village Filing 1 Block 5 Lots 1-6, from High Density Multiple-Family (HDMF) District to the Vail Village Townhouse (VVT) District. The Planning and Environmental Commission held a public hearing on the proposed Zone District Boundary Amendment on July 26, 2021 where a recommendation for approval was forwarded to the Vail Town Council by a vote of 4-0-2 (Pratt and Kjesbo abstained). Please find the staff memorandum to the PEC as Attachment D, and the minutes from the July 26, 2021 meeting (Attachment C) attached to this report. II. ACTION REQUESTED OF TOWN COUNIL August 17, 2021 - Page 233 of 286 Town of Vail Page 2 The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 17, Series of 2021, upon first reading. Included with this memorandum are the following for review by the Town Council: A. Vicinity Map B. Applicant Narrative, 5-26-2021 C. PEC Minutes from Meeting on 7-26-2021 D. Staff Memorandum, PEC21-0031 E. Ordinance No. 17, Series of 2021 IIl. BACKGROUND This area was originally annexed into the Town of Vail as part of a court order in 1963. This was followed by the parcel being zoned High Density Multiple -Family as part of Ordinance 8, Series of 1973. Since this property has been in the HDMF district there have been six variances that have been granted to the units located on these lots. The variances largely relate to the setbacks and the difficulty the individual lots had with meeting side setbacks in this district and unit configuration. On August 21, 2012 the Vail Town council adopted Ordinance No. 2 Series of 2012 establishing the Vail Village Townhouse Zone District. The Vail Village Townhouse (VVT) District was adopted following numerous public hearings before the Planning and Environmental Commission and the Town Council. At first it was a private property owner initiated application and later, as a Community Development staff led effort. This zone district was established for the following purpose: 1. To provide for the regulation of existing townhouse properties in Vail Village that were legally non-conforming in regard to the provisions of the High Density Multiple-Family District. 2. To create incentives for the redevelopment of the existing townhouse properties in Vail Village. 3. To preserve the existing character of the townhouse properties in Vail Village and the existing character of the neighborhood. In 2014 the Vail Rowhouses 7-13 and Texas Townhomes went through the rezoning process to change the zoning on their lots from HDMF to the VVT dis trict. lV. REVIEW CRITERIA Before acting on an application for a zone district boundary amendment, the Planning and environmental Commission shall consider the following factors with respect to the requested zone district boundary amendment: Zone District Boundary Amendment Factors August 17, 2021 - Page 234 of 286 Town of Vail Page 3 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. The proposed zone district amendment is supported by the Vail comprehensive plan and Vail Village Master Plan as noted in Section lll above. The Comprehensive plan values quality development and redevelopment opportunities throughout the town. The Vail Village Master Plan specifically calls out this parcel of land as one that would qualify to be rezoned to the VVT district. Other applicable goals met by this application include the following Land Use Plan goals: 1.3 Quality development should be maintained and upgraded whenever possible. Staff finds that the proposed zone district amendment conforms to this criterion. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town’s adopted planning documents. The proposed zone district amendment is suitable to the existing and potential surrounding land uses as set out in the Town’s adopted planning documents. The Vail Village Master Plan recognizes this area as a un ique are that is made up of mostly multi-family projects with limited commercial. It states that this location is prime for redevelopment and infill development as opportunities arise and that flexibility will be needed in order to allow a property such as this to redevelop. It specifically states: “This flexibility may be achieved through the rezoning to the Vail Village Townhouse (VVT) District.” Staff finds that the proposed zone district amendment conforms to this criterion. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The proposed zone district amendment is consistent with the adjacent zoning on the property to the East. This property is the Vail Rowhouses, which are a set of townhomes and were rezoned to VVT in 2014. With the river to the north and commercial zoning to the south and west, this area serves as a transition from the residential use to the east to this commercial area. The use on this site will August 17, 2021 - Page 235 of 286 Town of Vail Page 4 not change with this rezoning but will be coming in line with the goals of the Vail Village Master Plan. Staff finds that the proposed zone district amendment conforms to this criterion. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. The proposed zone district amendment provides the appropriate incentives for the orderly redevelopment of the subject properties. The development standards of the VVT district, working with the VVT specific design considerations of the Vail Village master Plan, will provide for appropriate, compatible development. This zoning amendment does not result in the granting of privilege nor is it incompatible with the Vail Village Master Plan, two tests for a determination of spot zoning. Staff finds that the proposed zone district amendment conforms to this criterion. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. As this area is currently developed and any development proposed under the new zone district would have to meet the environmental guidelines set forth in Town Code. The proposed zoning change to this existing development would not negatively affect riparian corridors, air quality, water quality, or other environmental aspects. Staff finds that the proposed zone district amendment conforms to this criterion. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. The proposed zone district amendment is consistent with the VVT zone district’s purpose, as it was established to regulate the existing townhome properties that are legally non-conforming in the HDMF district. The purpose also calls out this property as seen below: “This zone district was specifically developed to only be applied to the properties known at the time of the establishment of this district as the Vail townhouses condominium . . . “ Staff finds that the proposed zone district amendment conforms to this criterion. August 17, 2021 - Page 236 of 286 Town of Vail Page 5 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. The property was zoned HDMF in 1973 and the VVT district was only established in 2012 as a result of the Vail Village Master Plan. This shows how the Town has evolved and developed a specific plan for this area which includes the rezoning of this property. Staff finds that the proposed zone district amendment conforms to this criterion. 8. Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. V. RECOMMENDED MOTION Should the Town Council choose to approve Ordinance No. 17, Series of 2021, upon first reading, the Planning and Environmental Commission recommends the Council pass the following motion: “The Vail Town Council approves, on first reading, Ordinance No. 17, Series of 2021 an ordinance for a zone district boundary amendment, pursuant to Section12-3-7, Amendment, Vail Town code, to allow for the rezoning of 303 Gore Creek Drive which is composed of Vail Village Filing 1 Block 5 Lots 1-6, from the High Density Multiple-Family (HDMF) District to the Vail Village Townhouse (VVT) District and setting forth details in regard thereto.“ Should the Town Council choose to approve Ordinance No. 17, Series of 2021, the Planning and Environmental Commission recommends the Council makes the following findings: “Based upon the review of the criteria outline in Section Vl of the Staff memorandum to the Planning and Environmental Commission dated July 26th, 2021, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 2. That the amendment does further the general and specific purposes of the zoning regulations; and 3. That the amendment does 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 August 17, 2021 - Page 237 of 286 Town of Vail Page 6 environment and its established character as a resort and residential community of the highest quality.” Vl. ATT ACHMENTS A. Vicinity Map B. Applicant Narrative, 5-26-2021 C. PEC Minutes from Meeting on 7-26-2021 D. Staff Memorandum, PEC21-0031 E. Ordinance No. 17, Series of 2021 August 17, 2021 - Page 238 of 286 GORE CREEK DRBRIDGE STWALL STHAN S O N R ANCHRDHANSONRANCHCHUTE I Subject Property 0 50 10025Feet V a i l T o w n h o u s e C o n d o s - P E C 2 1 -0 0 3 1Vail T o w n h o u s e C o n d o s - P E C 2 1 -0 0 3 1 R e z o n i n g - 3 0 3 G o r e C r e e k D r i v e U n i t s 1 -6Rezoning - 3 0 3 G o r e C r e e k D r i v e U n i t s 1 -6Lot 1 -6 , B l o c k 5 , V a i l V i l l a g e F i l i n g 1Lot 1 -6 , B l o c k 5 , V a i l V i l l a g e F i l i n g 1 This map was crea te d b y th e Town of Va il Community Deve lo pmen t Depa rtment. Use o f th is ma p sho uld b e fo r gen era l pu rp oses o nly.The Town o f Vail do es not warran t the accuracy o f the in fo rmation co ntained he rein.(whe re shown, parcel lin e w ork is ap pro ximate) Last Modified: July 9, 2021August 17, 2021 - Page 239 of 286 VailTownhouseCondominiums Submitted to the Town of Vail: June 25, 2021 Rezoning from HDMF to VVT August 17, 2021 - Page 240 of 286 Directory Applicant Vail Townhouses Condominium Association Mountain Valley Property Management PO Box 6100 Avon, CO 81620 Planning and Entitlements Dominic Mauriello Mauriello Planning Group PO Box 4777 Eagle, CO 81657 970-376-3318 dominic@mpgvail.com Vail Townhouse Condominiums 2 August 17, 2021 - Page 241 of 286 Introduction The Vail Townhouse Condominiums Property Owners Association, represented by Mauriello Planning Group, is requesting a rezoning for the Vail Townhouse Condominiums, located at 303 Gore Creek Drive, Units 2A, 2B, 2D, 3A, 3B, 4A, 4B, 5A, 5B, 6A, 6B. The Vail Townhouse Condominiums are currently zoned High Density Multiple Family (HDMF) and are requesting a rezoning to Vail Village Townhouse (VVT). The VVT zone district was adopted in 2012, with the intent to encourage and incentivize the redevelopment of townhouse properties in the East Gore Creek area of Vail Village. The Town of Vail, recognizing the challenges of redevelopment under HDMF, created the VVT district and adopted revisions to the Vail Village Master Plan to guide redevelopment of these properties. The Town then encouraged property owners and property owners associations to apply to rezone to VVT should they decide it to be beneficial. At this time, the Vail Rowhouses and Texas Townhomes rezoned from HDMF to VVT. The Vail Townhouse Condominiums were originally constructed in 1964 under Eagle County jurisdiction, prior to the incorporation of the Town of Vail in 1966. Originally platted as 6 townhouse lots, the property was replatted as the Vail Townhouse Condominiums in the early 2000s. Though it is attached to the Vail Rowhouses, they are separate entities. Under the current zoning of HDMF, the many existing and legally established non- conformities of the Vail Townhouse Condominiums create difficulties in allowing even minor improvements and/or additions. For example, there are 11 units within the Vail Vail Townhouse Condominiums 3 View of the Vail Townhouse Condominiums looking east from a birds-eye view. The units directly to the east are the Vail Rowhouses, which were zoned VVT in 2014 Vail Townhouse Condominiums August 17, 2021 - Page 242 of 286 Townhouse Condominiums, while only 9 units are allowed under HDMF density requirements. While this may seem minor, when a property is non-conforming with regard to density, additions are limited to 250 additions or interior conversions. Many of these units did take advantage of these in the 1990s and have been left with few options since then. Other examples of non-conformities under HDMF include GRFA, setbacks, parking, etc., which has historically lead to a redevelopment process that required individuals to apply for multiple variances for even minor modifications. As a result, few, if any, redevelopment projects have been proposed at the Vail Townhouse Condominiums recently. The following is a list of variances from the Town’s GIS that have been granted at the Vail Townhouse Condominiums: In contrast, the Vail Rowhouses which rezoned to VVT by Ordinance 9, Series of 2014, has seen redevelopment of many of the existing units. The VVT zone district allowed these property owners to redevelop under the controls of the VVT zone district and the Vail Village Master Plan, which created flexibility to address the nonconformities of density and GRFA under the old zoning, but actually further limits height and creates additional bulk and mass controls to ensure appropriate and compatible design. Date Unit Description of Variance August 6, 1975 6B, 5B, 4B density control, setbacks May 10, 1981 6A setbacks June 7, 1987 6B setbacks April 23, 2000 2A setbacks April 21, 2002 2A setbacks, deck in setback June 12, 2011 6A setbacks Vail Townhouse Condominiums 4 The Vail Townhouse Condominiums (left) in comparison to the Vail Rowhouses (right). The Vail Townhouse Condominiums is requesting a rezoning from HDMF to VVT, which was approved for the Vail Rowhouses in 2014. Numerous projects have been approved for the Vail Rowhouses since the rezoning. August 17, 2021 - Page 243 of 286 The Vail Townhouse Condominiums does not currently have any plans for redevelopment of the property. The current request to rezone from HDMF to VVT is the first step to allow the owners to have the appropriate zoning parameters as they move into planning for their future. Any future redevelopment will be reviewed by the appropriate Town of Vail Boards and/or Commissions. Vail Townhouse Condominiums 5 August 17, 2021 - Page 244 of 286 Zoning Analysis Location: 303 Gore Creek Drive / Vail Townhouse Condominiums Parcels: 2101-082-30-002 (Unit 2B) 2101-082-30-004 (Unit 2D) 2101-082-30-005 (Unit 3A) 2101-082-30-006 (Unit 3B) 2101-082-30-013 (Unit 2A) 2101-082-30-014 (Unit 4A) 2101-082-30-015 (Unit 4B) 2101-082-30- 016 (Unit 5A) 2101-082-30- 017 (Unit 5B) 2101-082-30- 019 (Unit 6B) 2101-082-30- 020 (Unit 6A) Hazards: Floodplain - Mill Creek at Northwest corner Zoning: High Density Multiple Family Land Use: Vail Village Master Plan Lot Size: 16,214 sq. ft. (total) Vail Townhouse Condominiums 6 August 17, 2021 - Page 245 of 286 Zoning Issues: While the rezoning from HDMF to VVT will eliminate many of the existing nonconformities of the Vail Townhouse Condominiums, it is noted that there are encroachments into the west side setback and Mill Creek stream setback that were approved by the Town of Vail by variances granted to Unit 2A. The west side setback of 20 ft. is the same under both zone districts, and the stream setback from Mill Creek is a regulatory stream setback that applies regardless of zone district. Therefore, these variances remain in effect and these encroachments are allowed to continue as conforming improvements as approved by the Town. A general calculation of site coverage indicates that the Vail Townhouse Condominiums complies with the site coverage limitation of 55%. The current site coverage is approximately 7,269 sq. ft. (45%). The property also appears to comply with landscape area, with approximately 5,338 sq. ft. (33%) of landscape area. However, it may exceed the allowable area of hardscape within that landscape area. The allowable site coverage and minimum landscape area regulations within the HDMF and VVT zone districts are the same, and any redevelopment project will need to be evaluated for compliance. Table 1: Zoning Analysis Standard Allowed by Current Zoning: HDMF Allowed by Proposed Zoning: VVT Use Multiple-family residential dwellings Multiple-family residential dwellings Lot Area and Site Dimensions 10,000 sq. ft. buildable 10,000 sq. ft. 2,000 sq. ft. for townhouse lots Setbacks Front - 20 ft. Side - 20 ft. Rear - 20 ft. Stream - 50 ft. from centerline of Gore Creek. 30 ft. from centerline of Mill Creek Front - 20 ft. Rear - 20 ft. Between Attached Units - 0 ft. Stream - 50 ft. from centerline of Gore Creek, 30 ft. from centerline of Mill Creek Height 45 ft. flat roof 48 ft. sloping roof 35 ft. flat roof 38 ft. sloping roof Density 25 units per buildable acre Existing of legally established units or 25 units per buildable acre GRFA 76% of buildable No limit Site Coverage 55% / 8,917 sq. ft.55% / 8,917 sq. ft. Landscaping and Site Development 30% / 4,864 sq. ft.30% / 4,864 sq. ft. Parking Per Chapter 10 Per Chapter 10, parking within right-of-way may continue Vail Townhouse Condominiums 7 August 17, 2021 - Page 246 of 286 Criteria for Review: Zoning Amendment A zoning amendment is reviewed under the criteria listed under Section 12-3-7 Amendment, Vail Town Code. Each criterion is listed below, along with the applicant response to the criteria: (1)The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town APPLICANT RESPONSE: In conjunction with the creation of the VVT zone district, the Town of Vail amended the Vail Village Master Plan to specifically address the properties in the East Gore Creek Sub Area, which includes the Vail Townhouse Condominiums. The applicable section is provided below: A number of the earliest projects developed in Vail are located in the East Gore Creek Sub-Area. Development in this area is exclusively multi-family condominium and townhouse projects with a limited amount of support commercial. Surface parking is found at each site, which creates a dominant visual impression of the sub-area. While the level of development in East Gore Creek is generally greater than that allowed under existing zoning, this area has the potential to absorb density without compromising the character of the Village. These developments could be accommodated by partial infills of existing parking areas balanced by greenspace additions or through increasing the height of existing buildings (generally one story over existing heights). In order to maintain the architectural continuity of projects, additional density should be considered in conjunction with the comprehensive redevelopment of projects or individual units. There are several townhouse properties within this sub-area which were platted and/or constructed under Eagle County jurisdiction. These townhouse properties are nonconforming with the many of development standards (including, but not limited to density, gross residential floor area, setbacks, site coverage, landscape Vail Townhouse Condominiums 8 August 17, 2021 - Page 247 of 286 area) of the High Density Multiple Family (HDMF) District. It is recommended that greater flexibility with the development standards may be necessary to allow these townhouse projects to redevelop. This flexibility may be achieved through the rezoning to the Vail Village Townhouse (VVT) District. However, the granting of variances from the HDMF District or rezoning to the Vail Village Townhouse (VVT) District should consider potential impacts to the character of the neighborhood. Clearly, one of the main objectives to consider in the redevelopment of any property should be to improve existing parking facilities. This includes satisfying parking demands for existing and additional development. The opportunity to introduce below grade structured parking will greatly improve pedestrianization and landscape features in this area. This should be considered a goal of any redevelopment proposal in this sub-area. Development or redevelopment of this sub-area may attract additional traffic and population into this area and may have significant impacts upon portions of Sub-Areas 7 and 10. There are several existing townhouse properties in the East Gore Creek Sub-Area, including the Vail Townhouse Condominium, Vail Row Houses, Vail Trails Chalet, Vail Trails East, and Texas Townhomes. These design considerations provide recommendations for the redevelopment of these properties. The purpose of these design considerations is to preserve the unique character of the existing townhouse properties in Vail Village. Redevelopment should be consistent with the existing pedestrian-oriented, urban character of Vail Village. All demo/ rebuild and new construction projects in the Vail Village Townhouse District shall comply with these guidelines. It is understood that renovations to existing buildings may be unable to fully comply with some of these design considerations. Redevelopment to existing buildings will be evaluated on a case- by-case basis, with determination of compliance based upon whether the renovation to an existing building meets the general intent of these design considerations. A. Zoning: The existing townhouse properties in the East Gore Creek Sub-Area including the Vail Townhouse Condominiums, Vail Row Houses, Vail Trails Chalet, Vail Trails East, and Texas Townhomes should be rezoned from the High Density Multiple- Family (HDMF) District to the Vail Village Townhouse (VVT) District. Vail Townhouse Condominiums 9 Applicant Analysis: the Vail Village Master Plan recognized that the properties within this sub-area are an appropriate location for greater density. It recommends allowing for flexibility with development standards and states that rezoning to VVT is the appropriate method to achieve this flexibility. August 17, 2021 - Page 248 of 286 B. Development Pattern: Townhouse properties in the East Gore Creek Sub- Area should exhibit the appearance and characteristics of a residential row style development. Buildings should face the street and appear to be a series of proportionally sized, individual dwelling units occupying the space from the ground to the roof that are attached inline by shared side walls. Buildings should exhibit these characteristics regardless of ownership patterns or the horizontal and vertical subdivision of properties, and should create a perceived dwelling unit occupying the space within a building from the ground to the roof. C. Architectural Theme: The existing architectural and aesthetic character of the townhouse properties in Vail Village shall be preserved. 1. Units: The architectural theme of each dwelling unit or perceived dwelling unit (occupying the space within a building from the ground to the roof) shall be expressed on all sides of that unit to create an architecturally integrated unit. 2. Buildings: Townhouse buildings shall express an architectural theme of either uniformity or individuality. To portray architectural and aesthetic integrity, a combination of both themes within a single building is discouraged. a. Uniformity: Townhouse buildings may express a singular, unified architectural theme in which every perceived dwelling unit (occupying the space from ground to the roof) in a building is composed of substantially the same exterior design, materials, textures, and colors. b. Individuality: Townhouse buildings may express an individualistic architectural theme in which each perceived dwelling unit (occupying the space from ground to the roof) in a building varies in exterior design, materials, textures, and colors; so that abutting units do not have the same architectural treatment. This expression of individuality among units must be balanced with the character of the adjacent units and the building as a whole. D. Building Form and Massing: Buildings shall step back from the front property line to create the appearance of a two-story façade along the street. For the purposes of these design considerations, a story or floor is considered the space between the surface of any floor and the next floor or ceiling above, not exceeding 11 feet in height. The front façade of the first floor or street level and the second floor shall be located within 20 to 28 feet of the front property line. The front façade of the third floor and any floors above shall step back 6 to 10 feet from the façade of the second floor below. Vail Townhouse Condominiums 10 Applicant Analysis: the Vail Village Master Plan states that the Vail Townhouse Condominiums should be rezoned to the VVT zone district and provides design considerations to guide redevelopment in this area. August 17, 2021 - Page 249 of 286 E. Street Edge: Front façade shall be generally parallel to the street and form a strong, but irregular edge to the street. Front façades shall generally align with adjacent units and buildings to create a sense of street enclosure and continuity, but shall have enough offset between units and buildings to create visual interest. F. Façade: To reduce the appearance of building height and mass, and to create a residential scale and character, all façades shall incorporate vertical and horizontal articulation to reduce the appearance of building height and mass and to foster the appearance of a residential neighborhood. Façades should incorporate doors, decks, porches, balconies, fenestration, recesses, bay windows, ornamentation, and other traditional residential architectural elements. No façade shall appear to be a large unbroken plane. To preserve the existing pedestrian scale and residential character of the neighborhood, dwelling unit entries are encouraged on the front of the building; however, garage entries are strongly discouraged on the front façade. G. Cantilevers: On the front façade, floor area cantilevered more than three feet beyond the level below is strongly discouraged. Cantilevered floor areas shall not be stacked or cantilevered atop one another. H. Roof Pitch: The primary roof form should be sloping with pitches from 3:12 to 4:12. Secondary roofs should be sloping with pitches from 6:12 to 9:12. Flat roofs may have limited use as secondary roofs for decks and mechanical equipment areas. Mansard roofs create the perception of additional bulk and mass and are inconsistent with the architectural character of the existing townhouse properties and the existing neighborhood. Therefore, mansard roofs are discouraged. I. Roof Ridge: The primary roof ridges shall be parallel with the front façade of the building and should be oriented to not shed snow or rain onto adjacent properties. To create visual interest and to reduce the perception of building bulk and mass, roofs shall not create the appearance of continuous ridges between units or buildings. Roof ridges should be articulated by stepping in elevation and varying from front to rear. Dormers and other secondary roof forms may also be used minimize the perception of a continuous ridge. J. Fences and Site Walls: Privacy fences and walls along the street are discouraged, except to screen trash areas, utility equipment, and other similar items. K. Landscaping: Trees, shrubs, and other plant materials shall be located in the front portion of the site to create privacy and to soften the visual transition from roadways and parking areas to the building façades. L. Deck Rails: Deck rails shall be designed to minimize the perception of additional building bulk and mass. Deck rails should incorporate transparency, material changes, and stepping in alignment from other building elements. Solid railings that appear to extend the exterior wall material from below are discouraged. M. Parking: Off-street parking should be located on at-grade surface driveways or in below grade shared parking structures. Off -street parking Vail Townhouse Condominiums 11 August 17, 2021 - Page 250 of 286 should not be accommodated with individual or shared garages, carports, or parking structures on the first floor or street level. The proposed rezoning of the Vail Townhouse Condominiums from HDMF to VVT is therefore consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. (2)The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents APPLICANT RESPONSE: The existing surrounding land uses are identified and outlined in the map and table below: Existing Land Use Ownership Zoning North Gore Creek Stream Tract Mixed Use (hotel & residential) Town of Vail Mountain Haus Outdoor Recreation Public Accommodation Vail Townhouse Condominiums 12 August 17, 2021 - Page 251 of 286 Both the HDMF and the VVT zone districts allow for “Multiple-family residential dwellings, including attached and row dwellings and condominium dwellings” as a permitted use. This is the existing use of the Vail Townhouse Condominiums. The VVT zone district is slightly more restrictive in that it does not allow for “Lodge” as a permitted use as HDMF allows. This use is compatible with all existing and allowable uses on the surrounding properties and within this area of Vail Village. (3)The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives APPLICANT RESPONSE: The proposal to rezone the property to the VVT zone district furthers the Town’s development objectives as outlined in the analysis of the Vail Village Master Plan provided above. (4)The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole APPLICANT RESPONSE: The proposed zone district amendment provides for the growth of an orderly viable community by providing for development standards and design guidelines for the redevelopment of the Vail Townhouse Condominiums in alignment with the Vail Village Master Plan. This does not constitute spot zoning, as the VVT zone district helps further implement the Vail Village Master Plan and is consistent with the surrounding zone designations, including the adjacent Vail Row Houses, which is also zoned VVT. As a result, the proposed amendment serves the best interest of the community. (5)The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features APPLICANT RESPONSE: The VVT zone district was created by the Town of Vail in recognition of the challenges of redevelopment under the HDMF zone district that rendered many properties, including the Vail Townhouse Condominiums, nonconforming. The VVT zone district allows for flexibility for some standards, and more restrictive requirements in others, especially height. All environmental controls South Ted Kindel Park Mixed Use (commercial & residential) Town of Vail Mill Creek Court Outdoor Recreation Commercial Core 1 East Residential Vail Rowhouses Vail Village Townhouse West Mill Creek Stream Tract Mixed Use (commercial & residential) Town of Vail Gorsuch Outdoor Recreation Commercial Core 1 Existing Land Use Ownership Zoning Vail Townhouse Condominiums 13 August 17, 2021 - Page 252 of 286 remain, including stream setback requirements, hazard regulations, etc. If and when redevelopment projects are proposed, all environmental impacts are reviewed and approved by the appropriate governing bodies. As a result, there are no adverse impacts of the proposed rezoning. (6)The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district APPLICANT RESPONSE: The purpose statement for the VVT zone district is as follows: 12-6J-1: PURPOSE: The Vail Village townhouse district is intended to provide sites for, and maintain the unique residential character of, existing townhouse properties in the East Gore Creek subarea of the Vail Village master plan area. This zone district was specifically developed to only be applied to the properties known at the time of the establishment of this district as the Vail townhouses condominium, Vail row houses, Vail trails chalets, Vail trails east condominiums and the Texas townhomes. The Vail Village townhouse district is intended to ensure adequate light, air, open space, and other amenities commensurate with townhomes, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and year round community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. This zone district was established to regulate existing townhome properties that were legally nonconforming in the high density multiple-family district. The Vail Village townhouse district is meant to encourage and provide incentives for redevelopment of existing townhouse properties in accordance with the Vail Village master plan. The incentives in this zone district include addressing both townhouse projects and individually platted townhouse lots, reductions in lot area standards, reductions in setbacks, increases in density, increases in gross residential floor area (GRFA), and changes in parking design requirements. More restrictive design considerations have been applied to these properties in accordance with the Vail Village master plan to maintain the unique residential character of existing townhouse developments in Vail Village. Vail Townhouse Condominiums 14 Applicant Analysis: The purpose statement specifically identifies the Vail Townhouse Condominiums as one of the properties that should be rezoned to the VVT zone district, and notes that the goal is to maintain the residential character of this neighborhood. Applicant Analysis: Recognizing the challenges presented by the current zoning of HDMF, the purpose statement encourages the redevelopment of properties in accordance with the Vail Village Master Plan. August 17, 2021 - Page 253 of 286 The proposed rezoning from HDMF to VVT is consistent with the purpose statement of the VVT zone district, and furthers the recommendations included in the purpose statement. The proposal is therefore consistent with this criterion. (7)The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate APPLICANT RESPONSE: The Vail Townhouse Condominiums was zoned HDMF in 1973. Recognizing that the needs of the Town have changed since the property was originally zoned HDMF, the new zoning of VVT allows for the development of under specific regulations developed for this location and use. The proposed rezoning is consistent with the Vail Village Master Plan, which recognizes the changes that have occurred in this area. As a result, the proposal is consistent with this criterion. (8)Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. APPLICANT RESPONSE: Any other factors can be addressed as necessary. Vail Townhouse Condominiums 15 August 17, 2021 - Page 254 of 286 P L ANNI NG AND E NV I RO NM E NTAL C O M M I S S I O N J uly 26, 2021, 1:00 P M Town Council C hambers 75 S. F rontage 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 ybkNzgQ2eMGMYxH6F E0g After registering, you will receive a confirmation email containing information about joining the webinar. 1.2.Attendance Present: Ludwig Kurz, Karen Perez, Brian Gillette, Rollie Kjesbo, Pete Seibert, Henry Pratt Absent: Reid Phillips 2.Main Agenda 2.1.A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to allow for resubdivision of the existing Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, into the Highline Subdivision made up of two parcels, Lot 1 (approximately 3.635 acres) and Lot 2 (approximately 0.313 acres), located at 2211 North Frontage Road W est and 2213 Chamonix Ln, respectively, and setting forth details in regard thereto. (P E C21-0030) 20 min. Applicant:TNRE F I I I Bravo Vail L L C, represented by Mauriello Planning Group Planner:Greg Roy 1. This approval is contingent upon the applicant recording the plat prior to the issuance of a building permit for the development of lot 2 of the proposed Highline Subdivision. Planner Roy introduced the lot and project. He stated that there was a minor subdivision application earlier this year, but it was discovered that a lot line adjustment was needed. Staff is recommending approval. Dominic Mauriello stated that the reason behind the property line shift was in order to account for building requirements for openings and glazing based on setback from the lot line. No public comment Commissioner Gillette asked if this would affect the development of Lot 1. Mauriello stated that there would be no physical changes but would add an easement for Lot 1 to access the underground parking lot. Rollie Kjesbo moved to approve with conditions. Brian Gillette seconded the August 17, 2021 - Page 255 of 286 motion and it passed (6-0). Absent:(1)Phillips 2.2.A request for review of a Conditional Use Permit pursuant to Section 12-7J - 3, Conditional Uses, Vail Town Code, in accordance with Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, to allow for accessory eating, drinking, or retail establishments occupying between ten percent and fifteen percent of the total GRFA at the Highline Hotel located at 2211 North Frontage Road W est which is composed of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, and setting forth details in regard thereto. (P E C21-0019) 20 min. Applicant:TNRE F I I I Bravo Vail L L C, represented by Mauriello Planning Group Planner:Greg Roy 1. The floor plan included as part of the permit application review by the Planning and Environmental Commission is illustrative only. The precise location of the commercial uses within the building may be modified, however the size of the commercial areas may not increase without a modification to this permit. Planner Roy introduced the reasoning the behind this C UP is to account for the change in zoning to PA-2 which limits commercial square footage. There is no new commercial uses being added, the C UP is needed to bring the current uses in conformance with the new district. Roy also introduced three recommended conditions of approval. Staff is recommending a two year approval if construction is not commenced within that time. Commissioner Perez asked why the two year period is not lower. Roy responds that it coincided with the S D D timeline. Commissioner Gillette asked if the site was rezoned and an S D D was created. Roy indicated that this was correct. Gillette asked a question about uses. Roy stated that the rezoning was needed to account for a new proposed plans, but an S D D cannot add new allowed uses to the underlying zone district. Because of this, the limit on commercial square footage could not be changed with an S D D. Dominic Mauriello described the space that is in need of this C UP in detail. The current space is simply storage but will become a dormitory for employee housing. Plans to keep the storage space as storage until redevelopment and asked that the first condition be removed since no use commercial use is proposed in the meantime. He would also would ask that the second condition not apply as it is redundant. Also recommends that in the future the conditional use for commercial percentage be removed for the PA-2 zone district. Gillette asked how staff how they felt about the removal of conditions. Roy stated that staff is hesitant to remove the first condition but could be ok August 17, 2021 - Page 256 of 286 with it with an inspection to ensure the storage space is not used for commercial in the meantime. Staff is ok with the removal of the second condition. Gillette stated that he also would like Staff to look into removing this limit on commercial in the PA -2 district in order to encourage more commercial. Commissioner Pratt was in agreement with the removal of the first two conditions. Perez stated that she preferred to keep the conditions as a way to encourage the development of an employee housing unit sooner. No public comment. Rollie Kjesbo moved to approve with conditions. Brian Gillette seconded the motion and it passed (5-1). Ayes:(5)Gillette, Kjesbo, Kurz, Pratt, Seibert Nays:(1)Perez Absent:(1)Phillips 2.3.A request for a recommendation to the Vail Town Council for a major amendment to Special Development District (S D D) No. 43, Highline Doubletree, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to create a phasing plan, clarify conditions, and request an extension to the approval period, located at 2211 North Frontage Road W est which is composed of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3, and setting forth details in regard thereto. (P E C21-0018) 45 min. Applicant:TNRE F I I I Bravo Vail L L C, represented by Mauriello Planning Group Planner:Greg Roy 1. The applicant shall obtain the certificate of occupancy for the E HU building before requesting a certificate of occupancy for the hotel addition. 2. Approval is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. 3. Applicant shall obtain approval from Holy Cross to vacate the easement under the proposed hotel addition before a building permit is issued for the hotel addition. 4. Applicant shall set aside two (2) three-bedroom units and two (2) one- bedroom units in the E HU building not to be included in the mitigation bank. 5. Prior to the issuance of a certificate of occupancy, the applicant shall record deed restrictions with the Eagle County Clerk and Recorder, in a format approved by the Town Attorney, for the Type I I I Employee Housing Units. 6. Applicant shall provide public art onsite with a value or at least $32,500 and the installation of the public art shall be completed before a certificate of occupancy for the hotel addition is granted. 7. The Applicant shall correct plans to meet the comments from the Fire Department for phase one and phase two prior to the submittal for a building permit for each respective phase of development. 8. Applicant shall update all plan pages to match the latest submission prior to the submittal for the Design Review Board application for August 17, 2021 - Page 257 of 286 each phase of development. 9. This application is contingent upon the approval of the conditional use permit (P E C21-0019) and minor subdivision (P E C21-0030) being approved. 10. The initial phase of construction shall begin within three (3) years from the time of the approval of this S D D Major Amendment, P E C21- 0018, with the construction of the second phase to begin prior to August 17, 2026. Planner Roy stated that the S D D number was altered due to a clerical error where S D D No. 42 had already been used. There are three portions of the amendment. The first would create a phasing plan for the two buildings. The second would remove some original conditions of approval that are either no longer relevant or already achieved. The third would establish a timeframe for the phasing. Greg next discussed, with maps, the phasing plan for the development. Gillette asked if the hotel would stay open in Phase 2. Mauriello stated that it would. Gillette asked if there would also still be parking for the hotel in this phase. Mauriello stated that there would always be parking during construction. Perez asked if there would be any loss of E HUs during the phasing plan and also asked if the surrounding neighbors had been notified of this change. I t was an important condition of approval at the time that everything be developed at once to reduce the overall time of construction for surrounding neighbors. Mauriello stated that there would be no loss of E HUs. He also stated that the neighbors had been notified about the changes being proposed as part of this meeting. They did not feel that additional public outreach was needed. The phasing does not provide any risk for the town even if the expansion of the hotel is abandoned. Pratt asked what the procedure was for the extension of an S D D approval period. Roy stated that there is not establish procedure for an extension, but it would be handled through this amendment process. Mauriello gave a few examples of other projects that had been granted an extension. He also doesn’t believe that an extension would run afoul of the upcoming West Vail Master Plan. Roy stated that currently the construction of and S D D normally must start within three years. The applicant is proposing a six year approval period. Staff would suggest that the three year approval period simply reset with this approval, should this amendment be approved. Staff has concerns about a code change that may happen within six years. There is no specific change anticipated, but over the course of six years code changes are likely to happen throughout the code. The applicant is also proposing that the one year grace period to start the second phase of the project be removed. Gillette asked the applicant to provide more argument for the elimination of August 17, 2021 - Page 258 of 286 the one year grace period. Mauriello stated that once the E HU building is started they would have one year to start the expansion of the hotel. This is a tight time period to meet. Gillette asked if this would give them unlimited time to pursue the hotel expansion then. Roy clarified that the hotel would be required to start construction within the overall S D D approval period. Commissioner Kjesbo stated that he was comfortable with the proposal due to the fact that the E HUs would be built up-front. Kurz was concerned that the larger approval period would result in a site that is under a construction state for upwards of a ten year period. Mauriello argued that the development starting from the W est Vail Master Plan might also take 10+ years. Gillette clarified this ten year construction statement. The construction would not take ten years, it may simply take almost six years to start and then a few more years to finish. Commissioner Seibert stated that he wasn’t sure that the first phase should be allowed to be extended to six years to start. I s ok with the hotel taking more then a year after the E HU building to start. Stated that he would rather hear a reason why the E HU building can’t start in three years if it cannot in that time period. Mauriello stated that he is ok with the E HU building being required to start within three years as long as the hotel component still has a six year approval. Kjesbo stated that he likes that proposal. He also mentioned that ultimately the P E C would be highly likely to approve an extension for the E HU construction anyway. Pratt stated that he is in favor of removing the one year phasing requirement and only resetting the project to a three year approval starting on this approval. Mauriello stated that developers can generally save more money and time when they do not need to be put through this approval process so frequently. Gillette stated that he likes the three year for E HUs and three more years for the hotel proposal the best. Roy continued to discuss the proposed changes to the previous conditions of approval in detail. Of note, Staff recommends that Fire department approval be addressed prior to the approval of a building permit for each stage. Staff is recommending approval with some changes to proposed conditions. Mauriello stated that the applicant is ok with the updated conditions. No public comment. August 17, 2021 - Page 259 of 286 Pratt is still in favor of maintaining the three year approval period for the overall approval. Rollie Kjesbo moved to approve with conditions. Brian Gillette seconded the motion and it passed (4-2). Ayes:(4)Gillette, Kjesbo, Kurz, Seibert Nays:(2)Perez, Pratt Absent:(1)Phillips 2.4.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 303 Gore Creek Drive which is composed of Vail Village Filing 1 Block 5 Lots 1-6, from the High Density Multiple- Family (HD MF) District to the Vail Village Townhouse (V V T) District and setting forth details in regard thereto. (P E C21-0031) 45 min. Applicant:Vail Townhouse Condominium Association, represented by Mauriello Planning Group Planner:Greg Roy Planner Roy began by discussing the site location itself and introducing the proposal to rezone to the Vail Village Townhouse District. W hen this zone district was created, properties such as this as well as the Texas Townhomes were intended to be rezoned to this zone district. This development does comply with the requirements of the V V T district. Staff is recommending approval of this rezoning. Chairman Kurz asked a question about the if the buildings to east are any different from these units under consideration. Roy stated that those units to the east were also compliant with the V V T district. Dominic Mauriello began by discussing more of the history of this site and the anticipated V V T rezoning. He anticipates that owners will come forward in the future with proposals to redevelop in accordance to this district’s standards. Public Comment Ericson Shirley stated that he was an owner of a unit and was in support of the rezoning. Thinks that these townhomes should not be held to the standard to look the same. Wants to see more creativity in their design. Kurz stated that he agreed with the public comment and that the existing townhomes in this district being unique in character has been positive. Brian Gillette moved to approve. Pete Seibert seconded the motion and it passed (4-0). Abstain:(2)Kjesbo, Pratt Absent:(1)Phillips 3.Approval of Minutes 3.1.J uly 12, 2021 P E C Results August 17, 2021 - Page 260 of 286 Rollie Kjesbo moved to approve. Brian Gillette seconded the motion and it passed (6-0). Absent:(1)Phillips 4.Adjournment Rollie Kjesbo moved to adjourn. Brian Gillette seconded the motion and it passed (6-0). Absent:(1)Phillips The applications and information about the proposals are available for public inspec tion during regular offic e hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site vis its that prec ede the public hearing in the Tow n of Vail Community Development Department. Times and order of items are approximate, subject to c hange, and c annot be relied upon to determine at w hat time the Planning and Environmental Commission w ill c onsider an item. Please c all (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department August 17, 2021 - Page 261 of 286 TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 26, 2021 SUBJECT: A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 303 Gore Creek Drive which is composed of Vail Village Filing 1 Block 5 Lots 1-6, from the High Density Multiple-Family (HDMF) District to the Vail Village Townhouse (VVT) District and setting forth details in regard thereto. (PEC21-0031) Applicant: Vail Townhouse Condominium Association, represented by Mauriello Planning Group Planner: Greg Roy I. SUMMARY The applicant, Vail Townhouse Condominium Association, represented by Mauriello Planning Group, is requesting a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 303 Gore Creek Drive, which is composed of Vail Village Filing 1 Block 5 Lots 1-6, from High Density Multiple-Family (HDMF) District to the Vail Village Townhouse (VVT) District. Based upon Staff’s review of the criteria outline in Section Vl of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council. II. DESCRIPTION OF REQUEST The applicant is proposing to rezone Vail Village Filing 1 Block 5 Lots 1-6 to the Vail Village Townhouse District. Currently the site is developed with eleven condominium August 17, 2021 - Page 262 of 286 Town of Vail Page 2 units set in a townhouse style development with parking backing onto the Gore Creek right-of-way. Included with this memorandum are the following for review by the commission: A. Vicinity Map B. Applicant Narrative, 5-26-2021 C. Proposed Rezoning Map II. BACKGROUND This area was originally annexed into the Town of Vail as part of a court order in 1963. This was followed by the parcel being zoned High Density Multiple-Family as part of Ordinance 8, Series of 1973. Since this property has been in the HDMF district there have been six variances that have been granted to the units located on these lots. The variances largely relate to the setbacks and the difficulty the individual lots had with meeting side setbacks in this district and unit configuration. August 17, 2021 - Page 263 of 286 Town of Vail Page 3 On August 21, 2012 the Vail Town council adopted Ordinance No. 2 Series of 2012 establishing the Vail Village Townhouse Zone District. The Vail Village townhouse (VVT) District was adopted following numerous public hearings before the Planning and Environmental Commission and the Town Council. At first it was a private property owner initiated application and later, as a Community Developmen t staff led effort. This zone district was established for the following purpose: 1. To provide for the regulation of existing townhouse properties in Vail Village that were legally non-conforming in regard to the provisions of the High Density Multiple-Family District. 2. To create incentives for the redevelopment of the existing townhouse properties in Vail Village. 3. To preserve the existing character of the townhouse properties in Vail Village and the existing character of the neighborhood. In 2014 the Vail Rowhouses 7-13 and Texas Townhomes went through the rezoning process to change the zoning on their lots from HDMF to the VVT district. III. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Land Use Plan, the Vail Village Master Plan and the Vail Town Code are relevant to the review of this proposal: Vail Town Code TITLE 12: ZONING REGULATIONS, VAIL TOWN CODE 12-3-7: AMENDMENT: 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. 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 August 17, 2021 - Page 264 of 286 Town of Vail Page 4 include a list of the owners of all properties within the boundaries of the ar ea 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: 1. Zone District Boundary Amendment: a. Factors, Enumerated: Before acting on an application for a zone district boundary amendment, the planning and environmental commission and town council shall consider the following factors with respect to the requested zone district boundary amendment: (1) The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and (2) The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents; and (3) The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and (4) The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and (5) The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and (6) The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district; and August 17, 2021 - Page 265 of 286 Town of Vail Page 5 (7) The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate; and (8) Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. b. Necessary Findings: Before recommending and/or granting an approval of an application for a zone district boundary amendment, the planning and environmental commission and the town council shall make the following findings with respect to the requested amendment: (1) That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and (2) That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; 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. 12-6H: High Density Multiple-Family (HDMF) District 12-6H-1: PURPOSE: The high density multiple-family district is intended to provide sites for multiple-family dwellings at densities to a maximum of twenty five (25) dwelling units per acre, together with such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same zone district. The high density multiple- family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. (Ord. 29(2005) § 23: Ord. 37(1980) § 6: Ord. 30(1977) § 6: Ord. 8(1973) § 6.100) 12-6H-2: PERMITTED USES: The following uses shall be permitted in the HDMF district: August 17, 2021 - Page 266 of 286 Town of Vail Page 6 Employee housing units, as further regulated by chapter 13 of this title. Lodges, including accessory eating, drinking, recreational or retail establishments, located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area (GRFA) of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. (Ord. 1(2008) § 9) 12-6H-3: CONDITIONAL USES: The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities, as further regulated by section 12 -14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public parking structures. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. August 17, 2021 - Page 267 of 286 Town of Vail Page 7 Ski lifts and tows. Timeshare units. (Ord. 2(2016) § 6: Ord. 12(2008) § 9) 12-6H-4: ACCESSORY USES: The following accessory uses shall be permitted in the HDMF district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, or recreation facilities customarily incidental to permitted residential and lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. (Ord. 29(2005) § 23: Ord. 8(1973) § 6.400) 12-6H-5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30'). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80') on each side within its boundaries. (Ord. 12(1978) § 3) 12-6H-6: SETBACKS: The minimum front setback shall be twenty feet (20'), the minimum side setback shall be twenty feet (20'), and the minimum rear setback shall be twenty feet (20'). (Ord. 50(1978) § 2) 12-6H-7: HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed forty five feet (45'). For a sloping roof, the height of buildings shall not exceed forty eight feet (48'). (Ord. 37(1980) § 2) 12-6H-8: DENSITY CONTROL: Not more than seventy six (76) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. Total density shall not exceed twenty five (25) dwelling units per acre of buildable site area. Each accommodation unit shall be counted as one-half (1/2) of a dwelling unit for purposes of calculating allowable units per acre. A dwelling unit in a multiple-family building may include one attached accommodation August 17, 2021 - Page 268 of 286 Town of Vail Page 8 unit no larger than one-third (1/3) of the total floor area of the dwelling. (Ord. 14(2004) § 9: Ord. 31(2001) §§ 3, 5: Ord. 50(1978) § 19: Ord. 12(1977) § 2) 12-6H-9: SITE COVERAGE: Site coverage shall not exceed fifty five percent (55%) of the total site area. (Ord. 17(1991) § 6: Ord. 8(1973) § 6.507) 12-6H-10: 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(1976) § 7: Ord. 8(1973) § 6.509) 12-6H-11: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least seventy five percent (75%) of the required parking shall be located within the main building or buildings and hidden from public view or shall be completely hidden from public view from adjoining properties within a landscaped berm. No parking shall be located in any required front setback area. (Ord. 19(1976) § 7: Ord. 8(1973) § 6.510) 12-6J: Vail Village Townhouse (VVT) District 12-6J-1: PURPOSE: The Vail Village townhouse district is intended to provide sites for, and maintain the unique residential character of, existing townhouse properties in the East Gore Creek subarea of the Vail Village master plan area. This zone district was specifically developed to only be applied to the properties known at the time of the establishment of this district as the Vail townhouses condominium, Vail row houses, Vail trails chalets, Vail trails east condominiums and the Texas townhomes. The Vail Village townhouse district is intended to ensure adequate light, air, open space, and other amenities commensurate with townhomes, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and year round community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. This zone district was established to regulate existing townhome properties that were legally nonconforming in the high density multiple-family district. The Vail Village townhouse district is meant to encourage and provide incentives for redevelopment of August 17, 2021 - Page 269 of 286 Town of Vail Page 9 existing townhouse properties in accordance with the Vail Village master plan. The incentives in this zone district include addressing both townhouse projects and individually platted townhouse lots, reductions in lot area standards, reductions in setbacks, increases in density, increases in gross residential floor area (GRFA), and changes in parking design requirements. More restrictive design considerations have been applied to these properties in accordance with the Vail Village master plan to maintain the unique residential character of existing townhouse developments in Vail Village. (Ord. 2(2012) § 4) 12-6J-2: PERMITTED USES: The following uses shall be permitted in the VVT district: Employee housing units, as further regulated by chapter 13 of this title. Multiple-family residential dwellings, including attached and row dwellings and condominium dwellings. (Ord. 2(2012) § 4) 12-6J-3: CONDITIONAL USES: The following conditional uses shall be permitted in the VVT district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Home child daycare facilities, as further regulated by section 12-14-12 of this title. Public buildings, grounds and facilities. Public utility and public service uses. Timeshare units. (Ord. 2(2012) § 4) 12-6J-4: ACCESSORY USES: The following accessory uses shall be permitted in the VVT district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. (Ord. 2(2012) § 4) 12-6J-5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area for a townhouse project shall be ten thousand (10,000) square feet of total site area. Each site shall have a minimum frontage of twenty feet August 17, 2021 - Page 270 of 286 Town of Vail Page 10 (20'). The minimum lot or site area for individually platted townhouse lots shall be two thousand (2,000) square feet of total site area, each site shall have a minimum frontage of twenty feet (20'). (Ord. 2(2012) § 4) 12-6J-6: SETBACKS: The minimum setback shall be twenty feet (20') from the front and rear property lines. The minimum setback shall be twenty feet (20') from the side property lines, except the setback shall be zero feet (0') from the side property lines between at tached dwelling units. (Ord. 2(2012) § 4) 12-6J-7: HEIGHT: For a flat roof, the height of buildings shall not exceed thirty five feet (35'). For a sloping roof, the height of buildings shall not exceed thirty eight feet (38'). (Ord. 2(2012) § 4) 12-6J-8: DENSITY CONTROL: The existing number of legally established units on a development site or twenty five (25) dwelling units per acre of total site area, whichever is greater, shall be allowed. A dwelling unit may include one attached accommodation unit no la rger than one-third (1/3) of the total floor area of the dwelling. (Ord. 2(2012) § 4) 12-6J-9: GROSS RESIDENTIAL FLOOR AREA: An unlimited amount of gross residential floor area (GRFA) shall be permitted on each site. (Ord. 2(2012) § 4) 12-6J-10: SITE COVERAGE: Site coverage shall not exceed fifty five percent (55%) of the total site area. (Ord. 2(2012) § 4) 12-6J-11: LANDSCAPING AND SITE DEVELOPMENT: At least thirty percent (30%) of the total site area shall be landscaped. (Ord. 2(2012) § 4) 12-6J-12: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. Required parking legally established within the street right of way may be continued subject to a revocable right of way permit issued by the town of Vail. (Ord. 2(2012) § 4) August 17, 2021 - Page 271 of 286 Town of Vail Page 11 12-6J-13: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the design review board and/or administrator that the proposed new construction, addition, or minor exterior alteration is in compliance with the applicable elements of the Vail Village master plan, Vail Village urban design guide plan, and the Vail Village design considerations. (Ord. 2(2012) § 4) Vail Land Use Plan (in part) Chapter ll – Land Use Goals/Policies 1. General Growth / Development 1.3. The quality of development should be maintained and upgraded whenever possible. Vail Village Master Plan (in part) Chapter V. Goals, Objectives, and Action Steps Goal #1.: Encourage high quality, redevelopment while preserving unique architectural scale of the village in order to sustain its sense of community and identity. Objective 1.2 Encourage the upgrading and redevelopment of residential and commercial facilities. Policy 1.2.1 Additional development may be allowed as identified by the Action Plan and as I consistent with the Vail Village Master Plan and Urban Design Guide Plan. Objective 1.4 Recognize the “historic” importance of the architecture, structures, landmarks, plazas and features in preserving the character of Vail Village. Policy 1.4.2 The Town may grant flexibility in the interpretation and implementation of its regulations and design guidelines to help protect and maintain the existing character of Vail Village. Goal #2 To foster strong tourist industry and promote year-round economic health and viability for the village and for the community as a whole. Objective 2.1 Recognize the variety of land uses found in the 11 sub-areas throughout the Village and allow for development that is compatible with these establish land use patterns August 17, 2021 - Page 272 of 286 Town of Vail Page 12 Policy 2.1.1 The zoning code and development review criteria shall be consistent with the overall goals and objectives of the Vail Village Master Plan. Goal #5 Increase and improve the capacity, efficiency, and aesthetics of the transportation and circulation systems throughout the village. Policy 5.1.5 Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. IV. SITE ANALYSIS Address: 303 Gore Creek Drive Legal Description: Vail Village Filing 1 Block 5 Lots 1-6 Existing Zoning: High Density Multiple-Family (HDMF) District Proposed Zoning: Vail Village Townhouse (VVT) District Land Use Plan Designation: Village Master Plan Current Land Use: Residential Proposed Land Use: Residential Geological Hazards: Floodplain Development Standard High Density Multiple-Family (HDMF) Vail Village Townhouse (VVT) Lot Size Min. 10,000 sq. ft. buildable area Min. 10,000 sq. ft. site area Minimum Setbacks Front – 20’ Sides – 20’ Rear – 20’ Front – 20’ Sides – 20’ or 0’* Rear – 20’ Maximum Height 48 ft. max - sloped 45 ft. max - flat 38 ft. max - sloped 35 ft. max - flat Density Max: 76 sq. ft. GRFA per 100 sq. ft. buildable site area Max 25 DUs/Acre Max: Unlimited GRFA Max 25 DUs/Acre or legally existing units on site Site coverage maximum Max. 55% of site area Max. 55% of site area Minimum Landscaping Min. 30% of site area Min. 30% of site area *Zero feet setbacks are allowed for side property lines between attached dwelling units. V. SURROUNDING LAND USES AND ZONING Existing Use Zone District North: TOV Streamtract Outdoor Recreation (OR) South: Mixed Use Commercial Core 1 (CC1) August 17, 2021 - Page 273 of 286 Town of Vail Page 13 East: Residential VVT W est: TOV Stream Tract Outdoor Recreation (OR) VI. REVIEW CRITERIA Before acting on an application for a zone district boundary amendment, the Planning and environmental Commission shall consider the following factors with respect to the requested zone district boundary amendment: Zone District Boundary Amendment Factors 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. The proposed zone district amendment is supported by the Vail comprehensive plan and Vail Village Master Plan as noted in section lll above. The Comprehensive plan values quality development and redevelopment opportunities throughout the town. The Vail Village Master Plan specifically calls out this parcel of land as one that would qualify to be rezoned to the VVT district. Other applicable goals met by this application include the following Land Use Plan goals: 1.3 Quality development should be maintained and upgraded whenever possible. Staff finds that the proposed zone district amendment conforms to this criterion. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town’s adopted planning documents. The proposed zone district amendment is suitable to the existing and potential surrounding land uses as set out in the Town’s adopted planning documents. The Vail Village Master Plan recognizes this area as a unique are that is made up of mostly multi-family projects with limited commercial. It states that this location is prime for redevelopment and infill development as opportunities arise and that flexibility will be needed in order to allow a property such as this to redevelop. It specifically states: “This flexibility may be achieved through the rezoning to the Vail Village Townhouse (VVT) District.” August 17, 2021 - Page 274 of 286 Town of Vail Page 14 Staff finds that the proposed zone district amendment conforms to this criterion. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The proposed zone district amendment is consistent with the adjacent zoning on the property to the East. This property is the Vail Rowhouses, which are a set of townhomes and were rezoned to VVT in 2014. With the river to the north and commercial zoning to the south and west, this area serves as a transition from the residential use to the east to this commercial area. The use on this site will not change with this rezoning but will be coming in line with the goals of the Vail Village Master Plan. Staff finds that the proposed zone district amendment conforms to this criterion. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. The proposed zone district amendment provides the appropriate incentives for the orderly redevelopment of the subject properties. The development standards of the VVT district, working with the VVT specific design considerations of the Vail Village master Plan, will provide for appropriate, compatible development. This zoning amendment does not result in the granting of privilege nor is it incompatible with the Vail Village Master Plan, two tests for a determination of spot zoning. Staff finds that the proposed zone district amendment conforms to this criterion. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. As this area is currently developed and any development proposed under the new zone district would have to meet the environmental guidelines set forth in Town Code. The proposed zoning change to this existing development would not negatively affect riparian corridors, air quality, water quality, or other environmental aspects. Staff finds that the proposed zone district amendment conforms to this criterion. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. August 17, 2021 - Page 275 of 286 Town of Vail Page 15 The proposed zone district amendment is consistent with the VVT zone district’s purpose, as it was established to regulate the existing townhome properties that are legally non-conforming in the HDMF district. The purpose also calls out this property as seen below: “This zone district was specifically developed to only be applied to the properties known at the time of the establishment of this district as the Vail townhouses condominium . . . “ Staff finds that the proposed zone district amendment conforms to this criterion. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. The property was zoned HDMF in 1973 and the VVT district was only established in 2012 as a result of the Vail Village Master Plan. This shows how the Town has evolved and developed a specific plan for this area which includes the rezoning of this property. Staff finds that the proposed zone district amendment conforms to this criterion. 8. Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. VIII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section Vl of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 303 Gore Creek Drive which is composed of Vail Village Filing 1 Block 5 Lots 1-6, from the High Density Multiple-Family (HDMF) District to the Vail Village Townhouse (VVT) District and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council, the Community Development Department recommends the Commission pass the following motion: “The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 303 Gore Creek Drive which is composed of Vail Village Filing 1 August 17, 2021 - Page 276 of 286 Town of Vail Page 16 Block 5 Lots 1-6, from the High Density Multiple-Family (HDMF) District to the Vail Village Townhouse (VVT) District and setting forth details in regard thereto.“ Should the Planning and Environmental Commission choose to forward this recommendation of approval, the Community Development Department recommends the Commission makes the following findings: “Based upon the review of the criteria outline in Section Vl of the Staff memorandum to the Planning and Environmental Commission dated July 26th, 2021, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 2. That the amendment does further the general and specific purposes of the zoning regulations; and 3. That the amendment does 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.” IX. ATT ACHMENTS A. Vicinity Map B. Applicant Narrative, 5-26-2021 C. Proposed Rezoning Map August 17, 2021 - Page 277 of 286 - 1 - 8/11/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\PEC21-0031\TC\VTC REZONE-O080921.DOCX ORDINANCE NO. 17 SERIES OF 2021 AN ORDINANCE REZONING VAIL VILLAGE FILING 1, BLOCK 5, LOTS 1-6 FROM HIGH DENSITY MULTIPLE-FAMILY (HDMF) TO THE VAIL VILLAGE TOWNHOUSE (VVT) DISTRICT WHEREAS, Vail Townhouse Condominiums Property Owners Association (the "Applicant") owns the real property more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, on June 25, 2021, the Applicant filed an application to rezone the Property from High Density Multiple-Family (HDMF) to Vail Village Townhouse (VVT) (the "Application"); WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for rezoning; WHEREAS, on July 26, 2021, the Planning and Environmental Commission (the “PEC”) held a properly-noticed public hearing on the Application, and recommended that the Town Council approve the Application; and WHEREAS, on August 17, 2021, the Town Council held a properly-noticed public hearing on the Application. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council, upon reviewing the recommendation of the Planning Commission, hearing the statements of Town staff, the Applicant and the public, and giving due consideration to the matter, finds and determines as follows: a. The rezoning 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; b. The rezoning is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and c. The rezoning promotes the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Section 2. Based on the foregoing findings, the Town Council hereby approves the Application and rezones the Property from High Density Multiple-Family (HDMF) District to Vail Village Townhouse (VVT). August 17, 2021 - Page 278 of 286 - 2 - 8/11/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\PEC21-0031\TC\VTC REZONE-O080921.DOCX INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of August, 2021 and a public hearing for second reading of this Ordinance set for the 7th day of September, 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 7th day of September, 2021. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk August 17, 2021 - Page 279 of 286 - 3 - 8/11/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\PEC21-0031\TC\VTC REZONE-O080921.DOCX EXHIBIT A Vail Village Filing 1 Block 5 Lots 1-6 August 17, 2021 - Page 280 of 286 PRESENTATION BY Greg Roy, AICP Planner ll Ordinance No. 17, Series of 2021 PEC21-0031 Zone District Boundary Amendment 303 Gore Creek Drive August 17, 2021 - Page 281 of 286 Vicinity Map Town of Vail | PEC21-0031| vailgov.com August 17, 2021 - Page 282 of 286 Proposed Zoning Town of Vail | PEC21-0031| vailgov.com August 17, 2021 - Page 283 of 286 Vail Village Master Plan Town of Vail | PEC21-0031| vailgov.com Vail Village Master Plan: “There are several existing townhouse properties in the East Gore Creek Sub- Area, including the Vail Townhouse condominium, Vail Row houses, Vail Trails Chalets, Vail Trails East, and Texas Townhomes.” “These townhouse properties are nonconforming with the many development standards (including, but not limited to density, GRFA, setbacks, site coverage, landscape area) of the HDMF District. It is recommended that greater flexibility with the development standards may be necessary to allow these townhouse projects to redevelop. This flexibility may be achieved through the rezoning to the Vail Village Townhouse (VVT) District.” August 17, 2021 - Page 284 of 286 Thank you August 17, 2021 - Page 285 of 286 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: A djournment 8:40 pm (estimate) August 17, 2021 - Page 286 of 286