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HomeMy WebLinkAbout2021-09-07 Agenda and Supporting Documentation Town Council Evening Meeting Agenda VAIL TO W N C O U N C IL R E G U L AR ME E TIN G Evening Agenda Town Council C hambers and Virtual on Zoom 6:00 P M, September 7, 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.Citizen Participation (10 min.) 2.Any action as a result of executive session 3.Consent Agenda (5 min.) 3.1.August 3, 2021 Town Council Meeting Minutes 3.2.August 17, 2021 Town Council Meeting Minutes 3.3.Resolution 39, Series 2021, A Resolution Approving a Memorandum of Understanding in Furtherance of the Vail Sustainable Destination I nitiative Action Requested of Council: Approve, approve with amendments, or deny Resolution 39, 2021. Background: I n 2017 the Vail destination was certified as a Sustainable Destination under the Mountain I D E A L standard and achieved recertification in 2021. This Memorandum of Understanding (MOU) was initially signed in 2017 by all seven members of the Vail Destination Stewardship Council and this version is an update to the initial MOU. The purpose of this MOU is to set forth the initiatives undertaken by the undersigned parties to participate in and support the purpose and goals of the Vail Sustainable Destination I nitiative. Staff Recommendation: Approve, approve with amendments, or deny Resolution 39, 2021 3.4.Resolution No. 41, Series 2021, A Resolution Approving a Vacation of Easement and Bill of Sale with the Eagle River W ater and Sanitation District (the "E RW S D") Action Requested of Council: Approve, approve with amendments or deny September 7, 2021 - Page 1 of 262 Resolution No. 41, Series 2021. Background: The Town of Vail is constructing a project for which it has requested the E RW S D to vacate a certain sewer easement and convey ownership of the eight-inch (8”) sewer main located within the easement, pursuant to the Vacation of Easement and Bill of Sale Staff Recommendation: Approve, approve with amendments or deny Resolution No. 41, Series 2021. 3.5.Resolution 42, Series 2021, A Resolution Approving a Memorandum of Understanding Regarding a Multidisciplinary Approach Concerning Threat Assessments Action Requested of Council: Approve, approve with amendments, or deny Resolution 42, Series 2021. Background: A multidisciplinary approach to screen and prioritize concerning incidents for level of potential risk, and determine what options are appropriate before and throughout interactions by sharing resources. Staff Recommendation: Approve, approve with amendments, or deny Resolution 42, Series 2021. 4.Town Manager Report (10 min.) 4.1.Town Council Candidate Update 4.2.Update on Residences Main Vail Development 4.3.Public Health Update 5.Action Items 5.1.Resolution No. 40, Series of 2021, Resolution No. 40, Series of 2021, A Resolution Approving a Memorandum of Understanding Establishing a Regional Transit Authority Formation Committee 10 min. Presenter(s): Scott Robson, Town Manager and Greg Hall, Director of Public Works Action Requested of Council: Approve, approve with amendments, or deny Resolution No. 40, 2021. Background: The attached Memorandum of Understanding is intended to embark on the next level of structured collaboration and focus to understand the details of a potential Regional Transit Authority and implement a comprehensive outreach program to inform stakeholders and receive stakeholder input. Staff Recommendation: Approve, approve with amendments, or deny Resolution No. 40, 2021. 5.2.Ordinance No. 18, Series 2021, First Reading, an ordinance concerning the Residences at Main Vail and in connection therewith authorizing the project, the leasing of certain town property, and the execution and delivery of a site lease, lease purchase agreement and other documents. 10 min. Presenter(s): Kathleen Halloran, Finance Director Action Requested of Council: Approve, approve with amendments, or deny first reading of Ordinance No. 18, Series 2021. Background: Please see attached memorandum. Staff Recommendation: Approve, approve with amendments, or deny first September 7, 2021 - Page 2 of 262 reading of Ordinance No. 18, Series 2021. 5.3.Ordinance No. 19, Series of 2021, First Reading, an Ordinance Amending Title 7 of the Vail Town Code to Permit the Town to Designate Dismount Zones 15 min. Presenter(s): Ryan Kenney, Vail Police Commander Action Requested of Council: Approve, approve with amendments or deny Ordinance 19, Series 2021. Background: Town Council directed staff to look for solutions to the pedestrian/biker interactions occurring in the Village and Lionshead. Staff research has shown dismount zones may ease the congestion in certain areas and improve safety. Ordinance No.19, Series 2021 will give authority to establish bicycle dismount zones and enforce violations. Staff Recommendation: Approve, approve with amendments or deny Ordinance 19, Series 2021. 6.Public Hearings 6.1.Ordinance No. 16, Series of 2021 - Second reading An Ordinance Approving Amendments to Special Development District No. 43, Highline Double Tree 5 min. Presenter(s): Greg Roy, Planner Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 16, Series of 2021, upon second 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 second reading. 6.2.Ordinance No. 17, Series of 2021, Second reading - 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 5 min. Presenter(s): Greg Roy, Planner Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 17, Series of 2021, upon second reading. Background: 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 (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 second reading. 7.Adjournment 7.1.Adjournment 7:10 pm (estimate) September 7, 2021 - Page 3 of 262 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. September 7, 2021 - Page 4 of 262 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 ugust 3, 2021 Town Council Meeting Minutes AT TAC H ME N TS: Description August 3, 2021 Town Council Meeting Minutes September 7, 2021 - Page 5 of 262 Town Council Meeting Minutes of August 3, 2021 Page 1 Vail Town Council Meeting Minutes Tuesday, August 3, 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 *Joined the meeting at 6:10 pm Kim Langmaid, Mayor Pro Tem Jenn Bruno Travis Coggin *Joined the meeting at 6:10 pm 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 Peg Rumane, Vail resident, complained to council about Waste Management trash hauler leaving black exhaust throughout the Sandstone neighborhood. Erick Perkins, Eagle county resident, requested fishing access signs be placed on Gore Creek. Perkins also inquired about the tree replanting that was to occur in Ford Park. Kaye Ferry, Vail resident, concerns about frequent use of carts on Vail Valley Drive by Vail Recreation District staff. Foley noted that former town council member Michael Cacioppo has passed away - thoughts and prayers to the family. 2. Any action as a result of executive session There was none. 3. Appointments for Boards and Commissions 3.1. Appoint a Member to the Building and Fire Codes Appeals Board (B&FCA) Action Requested of Council: Motion to appoint one person to serve as an alternate member on the Building & Fire Code Appeals Board for a partial term ending March 31, 2023. September 7, 2021 - Page 6 of 262 Town Council Meeting Minutes of August 3, 2021 Page 2 Bruno made a motion to appoint Gerald Meremonte as an alternate member on the Building & Fire Code Appeals Board; Foley seconded the motion passed (5-0*Coggin (joined at 6:10 pm) and Chapin joined the meeting late virtually) 4 . Consent Agenda 4.1. Resolution No. 34, 2021, A Resolution Amending A Budget and Making Appropriations to Pay the Costs, Expenses and Liabilities of the Vail Local Marketing District, for the Fiscal Year January 1, 2021 Through December 31, 2021 Action Requested of Council: Approve Resolution No. 34, Series of 2021, a resolution amending the 2021 VLMD Budget Background: Please see attached memo. Staff Recommendation: Approve Resolution No. 34, Series of 2021 Foley made a motion to approve Resolution No. 34, Series of 2021; Coggin seconded the motion passed (6-0*Chapin absent) 4.2. Contract with 106 West (Loading and Delivery) 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 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 enter into an agreement with 106 West in an amount not to exceed $380,703.50. Bruno made a motion to authorize the Town Manager to enter into to an agreement with 106 West Logistics not to exceed $380,703.50; Foley seconded the motion passed (6-0*Chapin absent) 5. Town Manager Report 5.1. Public Health Crisis Update Robson provided council with information from the Eagle County Public Health stating that no new changes were being implemented as a result of COVID Delta variant, to date. 83% of eligible community members in county are vaccinated and no hospitalizations. 5.2. Community Picnic Tuesday, August 10 at Donovan Pavilion Robson reminded council the TOV Community Picnic was Aug. 10 at Donovan Pavilion. Additionally, Robson stated I-70 through Glenwood Canyon would remain closed for an extended period to assess structural damage following major mudslides. 6. Presentations / Discussion September 7, 2021 - Page 7 of 262 Town Council Meeting Minutes of August 3, 2021 Page 3 6.1. Discussion about Proposed Tax Measures for November Ballot as Dedicated Funding for Housing and Year-Round Marketing/Special Events Initiatives Presenter(s): Scott Robson, Town Manager, George Ruther, Housing Director, Mia Vlaar, Economic Development Director, Patty McKenny, Assistant Town Manager Action Requested of Council: The Town Council is asked to provide direction about whether to proceed with drafting resolutions and final ballot language that would address the tax proposals for dedicated revenue sources for housing (sales tax increase considered by Vail Town Council) and year-round marketing/special events (marketing and promotion tax increased to be considered by Vail Local Marketing District). Background: 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 would need to approve ballot text with resolutions at their next council meeting, August 17, to meet the ballot certification deadline. 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. Robson introduced the topic stating council was being 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 would need to approve ballot text with resolutions at their next council meeting, August 17, to meet the ballot certification deadline. Polling results showed Vail voters were somewhat favorable for a half-cent sales tax increase to support housing initiatives. Robson stated staff estimated a .05 cent additional tax rate would generate approximately $4.3 million on $34.1 million of sales. A 2.2% increase in the lodging tax for year-round marketing and events was also probed and registered 54% support by registered voters surveyed. Robson shared that doubling of the lodging tax from 1.4% to 2.8% would raise an additional $4.0M; or increasing the lodging tax from 1.4% to 3.6% would raise an incremental $6.2M. Bruno noted the voter opinion survey overwhelmingly identified housing as a crisis. She also understands the long-term benefits of an increased lodging tax for marketing and events. Coggin asked about ballot question wording on both topics, including if housing dollars can be spent outside the town boundaries. Robson stated the current 1.4% lodging tax was restricted to marketing and promotion and any increase would need to continue to be used that way per state statute. Council had asked earlier if an increase in lodging tax could be used for housing. Foley suggested contemplating a new lodging tax to be used for housing in place of the proposed half-cent sales tax. All council members were in support of moving forward and requested the Town Attorney prepare resolutions with the ballot questions for the august 14 meeting for their consideration. September 7, 2021 - Page 8 of 262 Town Council Meeting Minutes of August 3, 2021 Page 4 7. Public Hearings 7.1. Appeal of a decision by the Design Review Board Presenter(s): Greg Roy, Planner Action Requested of Council: Overturn, uphold, or uphold with modifications. Background: An appeal, pursuant to Section 12-3-3 Appeals, Vail Town Code, of the final decision of the Town of Vail Design Review Board on July 7, 2021, denying a request for design approval for the new construction of the Residence at Main Vail (DRB21-0233). Staff Recommendation: The Vail Town Council must uphold, overturn, or overturn with modifications, the Design Review Board's July 7, 2021 decision. Mayor Pro Tem Langmaid opened the public hearing due to May Chapin appearing virtually. Roy stated the Town of Vail, represented by Triumph Development, requested the review of a New Construction Design Review Board application, pursuant to Section 12-11-3, Vail Town Code, for a new residential development located at 129 North Frontage Road West/ Lot 3, Middle Creek Subdivision, A Resubdivision of Lot 1. The Design Review Board, by a vote of 3-1, denied the subject application on July 7, 2021. George Ruther, Housing Director; and Michael O’ Connor, Triumph Development West LLC, appeared on behalf of the applicant, the Town of Vail, and provided council with an overview of the Design Review Board’s process for the Town’s housing project, Residences of Main Vail.  March 15, 2021, on behalf of the Town of Vail, Triumph Development West, LLC submitted complete applications to the Town of Vail Community Development hereinafter referred to as PEC21-0015/0016 and DRB21-0233.  April 21, 2021, the Town of Vail Planning & Environmental Commission (PEC) held a public hearing on PEC21-0015/0016, and by a vote of 5-1, granted entitlement rights to the Residences at Main Vail Approved Development Plan.  July 6, 2021, Design Review Board member John Rediker appeared before the Vail Town Council urging the Vail Town Council to spend more money on the architectural design of the proposed Residences at Main Vail, to stop rushing the project forward, and forewarned that if not, it was likely the application would be denied by the Design Review Board the following day, or at best, receive a 2 -2 vote.  July 7, 2021, the Town of Vail Design Review Board held a final public hearing on the design application DRB21-0233 and by a vote of 3-1 denied the design review application. In doing so, and according to the recorded public record, in sum, the following reasons for denial were cited to and supported by a majority of the Design Review Board: • The bulk and mass of the proposed building was not compatible with the topography of the development site. The building should set up the hillside into the area of 40% or greater slopes and result in a building design more like the Middle Creek at Vail apartments. • The applicant needed to spend more money on the architectural design of the building. The building was cheap with no on-site parking. • The Town was turning the North Frontage Road into employee housing row and ruining the community. The whole north side of the Town would be degraded. September 7, 2021 - Page 9 of 262 Town Council Meeting Minutes of August 3, 2021 Page 5 • Rather than one single structure, the building needed to be broken down into two or three smaller, shorter buildings, even if it meant reducing density • This building (homes for local residents) does not belong at the front entrance to Vail. It’ll be the first thing people would see when they come into the Town. • Add more stone, board and batten siding, and vertical elements. • Residences at Main Vail was a podium-style building that doesn’t fit in Vail. It’s not the Vail brand.  July 14, 2021, the Town of Vail as applicant filed an appeal of the Design Review Board’s decision to deny design review application DRB21-0233. Specifically, the appellant believed the Town of Vail Design Review Board failed to properly apply the adopted design review standards and guidelines and demonstrated its willingness to act outside the scope of the Board’s purview in voting to deny the Residences at Main Vail design review application DRB21-0233 Mike Foster, Triumph Development West LLC, reviewed site plans to demonstrate the designs followed the DRB guidelines.  Compatibility of design of the Residences at Main Vail was achieved through proper scale, building proportions, site planning, landscaping, and building materials and colors.  The structures and accessways are responsive to the existing topography which was why the design team relied upon the use of the existing driveway alignment to gain vehicular access to the site  Construction on the site was to be limited to the lower portion of the site to preserve the steep slopes and existing vegetation, as recommended by the design guidelines.  The proposed building materials are predominately natural such as wood siding and native stone.  Exterior wall materials (stone and stucco) extend down to finished grade to eliminate unfinished concrete walls  The assemblage of exterior wall materials and architectural relief was added to the building facades to reinforce the architectural design guideline of creating a base, middle, and top to the building.  The proposed exterior colors are compatible with the site and surrounding buildings.  An arrangement of divided light windows has been added to create visual interest and introduce a design element seen typically throughout Vail  The proposed roof material is 30-year asphalt shingles to be installed atop a Class A fire-rated roof assembly.  A +/- 55kw solar array is proposed atop the south facing roof of the building to offset energy consumption through onsite energy production.  Deep eaves and overhangs are depicted on the proposed elevations to further protect the building and residents from the elements as well as add architectural interest to the building facades.  The east/west oriented main roof ridge has been designed to break up an otherwise long linear roof line, both horizontally and vertically, and gabled roof ends have been added to interrupt the south facing eave line of the building  A double member fascia has been designed to provide relief and texture to the roof eave line consistent with the design guidelines.  An accessory structure is proposed to accommodate onsite storage of trash and recycling.  The utility meter locations are prescribed at the direction of the utility services providers September 7, 2021 - Page 10 of 262 Town Council Meeting Minutes of August 3, 2021 Page 6  The proposed landscape plan was designed consistent with the recommendations of the design standards and guidelines with additional focus on complying with the regulations of the urban wildland fire interface.  The plant materials selected for the landscape plan are all indigenous to the Rocky Mountain alpine and sub-alpine zones  The proposed final grading of the site does not negative impact adjacent uses or sites as required by the design review standards.  All proposed retaining walls have been designed with textured and color tinted materials consistent with the adopted design review guidelines.  Architectural projections, such as decks, balconies, roof eaves and roof overhangs have been thoughtfully incorporated into the building design  Consistent with the adopted standards for outdoor lighting, all exterior lighting would include fully cut off fixtures and be low cost, low energy consumptive LED fixtures. Public comment was called. Doug Cahill, chairman of the DRB, explained how the DRB approached its review which was based on how the design fits the site and general compatibility. John Rediker, DRB member, expressed concerns about the building materials incorporated in the design. Rediker stated the materials didn’t meet the Vail brand. Kaye Ferry, Vail resident, would like to see the design maximize the allowed space and put more units. Ferry noted Vail needs housing. Matt Morgan, Vail business owner, stated housing was critical for employees. He encouraged council to stop talking about housing issues and take action. Jonathan Stauffer, Vail resident, stated the building needed to look like it belonged at the gateway to the town. Joseph Stauffer, Vail resident, stated the project needed to fit Vail’s alpine architecture. Kim Rediker, Vail resident, stated the building needed more work and should be something the town is proud of since it would be located at the entrance. Chris Romer, Vail Valley Partnership, felt the building exceeded expectations but would like to see more density. Johannes Faessler, Vail resident, stated current DRB guidelines don't work for employee housing developments. He felt a different lens was needed and compromises are in order. Jim Lamont, Vail Homeowners Association, stated council had time to get it right and to uphold the DRB’s decision Peter Cope, DRB member, said the board was bound by the design standards it was appointed to uphold. Public comment was closed. September 7, 2021 - Page 11 of 262 Town Council Meeting Minutes of August 3, 2021 Page 7 Council had no questions for staff or the appellant representatives. Mason stated she would be voting to overturn the DRB’s decision. She felt the guidelines were upheld. Coggin agreed with Mason and felt the project was better in design ten where it began. Stockmar stated he supported the project but would not vote to overturn the DRB’s decision. He felt the project was not compatible pursuant to 14-10-2 General Compatibility and 14-10-3 Site Planning Foley stated the DRB made the correct decision, and he would not be voting in favor of overturning that decision. Chapin stated he felt the guidelines were met and that he as in favor of overturing the DRB’s decision. Langmaid agreed with Chapin that the design does meet all design guide lines. Bruno made a motion to overturn the July 7, 2021 decision of the Design Review Board, finding the submitted New Construction for the 129 North Frontage Road West complies with Title 14, Chapter 10, Vail Town Code and to incorporate the additional design elements that were presented; Coggin seconded the motion passed (5-2*Stockmar and Foley opposed). There being no further business to come before the council, Foley moved to adjourn the meeting; Bruno seconded the motion which passed (7-0) and the meeting adjourned at 8:35 p.m. Respectfully Submitted, Attest: __________________________________ Dave Chapin, Mayor ___________________________________ Tammy Nagel, Town Clerk September 7, 2021 - Page 12 of 262 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 ugust 17, 2021 Town Council Meeting Minutes AT TAC H ME N TS: Description August 17, 2021 Town Council Meeting Minutes September 7, 2021 - Page 13 of 262 Town Council Meeting Minutes of August 17, 2021 Page 1 Vail Town Council Meeting Minutes Tuesday, August 17, 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 Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Virtual Meeting with Japan Officials 1.1. Virtual Meeting with Japan Officials (Global Friendship Exchange Program) Governor Shuichi Abe, Nagano Prefecture, Japan Consul General Midori Takeuchi and Mayor Yoshitaka Takefushi, and Yamanouchi-machi officials Presenter(s): Dave Chapin, Mayor, Scott Robson, Town Manager, Patty McKenny, Assistant Town Manager, Mia Vlaar, Economic Development Director, Souichi Nakamura, representing Japan with the Global Friendship Exchange Program Action Requested of Council: Informational only. Background: The virtual meeting offers a restart to the Global Friendship Exchange Program and the Town of Vail's relationship with Yamanouchi-machi Japan. 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. Chapin welcomed Abe and Takeuchi and the Yamanouchi-machi officials and thanked them for joining the meeting virtually. Vlaar provided a presentation discussing the history between the sister cities, future educational student exchanges, COVID19 public health responses and destination stewardship plan. 2. Citizen Participation Kaye Ferry, Vail resident, expressed her concerns regarding Vail Recreation District employees driving on Vail Valley Drive in golf carts and work carts rather than using the golf paths. Ferry requested traffic enforcement on Vail Valley Drive. September 7, 2021 - Page 14 of 262 Town Council Meeting Minutes of August 17, 2021 Page 2 3. Any action as a result of executive session There was none. 4. Appointments for Boards and Commissions 4.1. Art in Public Places (AIPP) Board Appointment Presenter(s): Dave Chapin, Mayor Action Requested of Council: Motion to appoint one person to the AIPP Board for a partial term ending March 31, 2022. Langmaid made a motion to appoint Lindsea Stowe to serve a partial term on the AIPP board; Coggin seconded the motion passed (7-0). 5. Consent Agenda 5.1. July 6 2021 Town Council Meeting Minutes Foley made a motion to approve the July 6, 2021 Town Council meeting minutes; Coggin seconded the motion passed (7-0). 5.2. July 20 2021 Town Council Meeting Minutes Foley made a motion to approve the July 20, 2021 Town Council meeting minutes; Coggin seconded the motion passed (7-0). 5.3. Letter of Support for Vail Health’s proposed Edwards Northstar Center PUD Amendment application Background: 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. 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. Langmaid made a motion to approve and send the letter of support of Vail Health’s proposed Edwards Northstar Center PUD amendment application; Stockmar seconded the motion passed (7-0). 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. September 7, 2021 - Page 15 of 262 Town Council Meeting Minutes of August 17, 2021 Page 3 Staff Recommendation: Approve, approve with amendments or deny Resolution No. 35, Series of 2021. Langmaid made a motion to approve Resolution No. 35, Series of 2021; Stockmar seconded the motion passed (7-0). 5.5. Resolution No. 38, Series of 2021, A Resolution Approving a Professional Services Agreement Between the Town of Vail and Triumph Development West LLC Background: The Town of Vail 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. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 38, Series of 2021 Coggin made a motion to approve Resolution No. 35, Series of 2021 authorizing the Town Manager to enter into an agreement with Triumph Development West LLC in an amount not to exceed $608,148.50; Bruno seconded the motion passed (5-1*Stockmar abstained) Chapin asked the Town Attorney to affirm that pursuant to the Vail Town Charter Section 4.7 “Any member refusing to vote shall be deemed delinquent in his/her duties and an affirmative vote shall be cast and recorded in his/her name.” Mire stated Stockmar’s vote would be recorded affirmative per the Charter. Stockmar made a motion to reconsider Resolution No. 38, Series of 2021; Foley seconded the motion passed (7-0). Coggin made a motion to approve Resolution No. 35, Series of 2021 authorizing the Town Manager to enter into an agreement with Triumph Development West LLC in an amount not to exceed $608,148.50; Bruno seconded the motion passed (6-1*Stockmar opposed) 6. Town Manager Report 6.1. Bicycle/Pedestrian Safety Update Robson shared with council that a dismount zone was being implemented on Bridge Street and Gore Creek Drive in Vail Village effectively immediately due to the volume of bikes and conflicts with pedestrian travel. All council members were in support of the implementation. 6.2. Update on Residence Main Vail Project Schedule (for work done August 16 and November 2, 2021) Robson stated the entitlement and design process of the project costed the town approximately $668,0000; which he was glad to announce was $22,000 under budget. Demolition, site work and shoring would begin Oct. 11. Construction would be suspended during winter season and the second phase would begin March 72 units ready for occupancy by spring of 2023. Teachers and parents were excited the new, temporary home for Children's Garden of Learning would be ready for occupancy by Oct. 5. September 7, 2021 - Page 16 of 262 Town Council Meeting Minutes of August 17, 2021 Page 4 6.3. Update on meeting with U.S. Senator Michael Bennet Robson noted he and Mayor Pro-Tem met with Sen. Michael Bennet this afternoon to discuss provisions of the SHRED Act that would allow national forests to retain fees generated by ski areas to support local recreation needs. 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 Presenter(s): Scott Robson, Town Manager, David Flaherty, Magellan Strategies and David Cunningham, Summit Information 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 increasing the town's existing sales tax by .05% (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. Robson began the discussion noting there were 3 possible November 2, 2021 ballot questions being posed for consideration: 1. A half-cent sales tax for a dedicated housing source 2. A new 1.6% lodging tax to fund housing 3. A 2.2% increase in the promotion and marketing tax to fund marketing and events. A short-term rental study would be coming out later this fall or early winter that he thought would demonstrate possible fee changes. Those fee increase would also be applied to the housing fund. Foley suggested withdrawing Resolution No. 37, Series of 2021 since there was a lack of support from the lodging community. All council members agreed. Flaherty reviewed Resolution No. 36, Series of 2021 with council stating 57% of Vail voters supported an increase to the sales tax of .05% that would apply to both residents and guests when purchasing goods and services in Vail. Per $100 purchase, this incremental tax increase would cost guests and residents 50 cents. Food for home consumption would be exempt. Robson committed to having outreach meetings with citizens prior to the November 2 election to educate and answer questions around what the short-term housing priorities and needs are such as the redevelopment of Timber Ridge, the Vail InDeed Program, CDOT parcels etc. The longer term is planning efforts on Land Use Plan on where long-term housing projects could go. Flaherty shared the voter opinion poll showed slightly less support for a proposed 2.2% increase in the promotion and marketing tax to fund a year-round marketing effort and special events. The newly proposed lodging tax would levy 1.6% of the total purchase price paid and September 7, 2021 - Page 17 of 262 Town Council Meeting Minutes of August 17, 2021 Page 5 impacts overnight guests staying in Vail’s lodging. It was 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. Flaherty noted a significant disadvantage of moving forward with this ballot measure was that questions were not included as part of the online voter opinion survey of and there was no knowledge of what level of support the question would get. Robson stated the intention of the 2.2% promotion and marketing tax would focus on quality not quantity and provide a long-term competitive advantage for Vail. It was not about bringing more people into the valley but more about doing it right with the right size and right fit. Coggin was in support of raising tax for a reason and housing was the specific purpose. He was not supportive of the 2.2% tax due to the lack of support in the polls. Bruno agreed with Coggin and would like to focus working on the housing issues at this time. Chapin shared he had not heard any support from the public for the 2.2% tax increase. He knows marketing needs are there, but it was not the appropriate time to bring this tax increase to the voters. Stockmar agreed with Chapin. Langmaid noted marketing was not just for attracting guests but also targeting messages of how we want people to act when they are here. She too agrees the marketing tax should come back at a different election. She supported the .05% sales tax. Mason was not in favor of the marketing tax but was supportive of the sales tax to go towards a sustainable housing fund. Foley agreed with everyone’s statement but would like to look at the wording for the marketing fund and where funds can be applied. Public comment was called. Kaye Ferry, Vail resident, would like to see the wording ensures the tax is used for Vail employees, a sunset date and use wording for what it going to be used exactly for. Mire explained the deed restriction the town puts on an employee housing structure could dictate what type of employees live within the buildings. Bob Armour, Vail resident, asked if the new sales tax being proposed would free up dollars to put back in the general fund. He felt the Vail voters would like that. Steve Lindstrom, chair of the Vail Local Housing Authority, stated he was in support for the half- cent sales tax ballot question for housing. Public comment was closed. Council discussed the difference of a 5-year sunset compared to a 30-year sunset. September 7, 2021 - Page 18 of 262 Town Council Meeting Minutes of August 17, 2021 Page 6 Bruno made a motion to approve Resolution No. 36, Series of 2021 with the addition of a 30- year sunset date effective January 1, 2022; Coggin seconded the motion passed (7-0). 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 Presenter(s): Scott Robson, Town Manager, David Flaherty, Magellan Strategies and David Cunningham, Summit Information 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. **During the discussion of Resolution No. 36, Series of 2021; Foley suggested withdrawing Resolution No. 37, Series of 2021. All council members agreed. 8. Public Hearings 8.1. Ordinance No. 16, Series of 2021 - An Ordinance Approving Amendments to Special Development District No. 43, Highline Double Tree 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 PEC 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 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. Staff Recommendation: Approve, approve with modifications, or deny Ordinance No. 16, Series of 2021, upon first reading. Roy quickly reviewed Ordinance No. 16, Series of 2021 with council stating the applicant, TNFREF lll Bravo Vail LLC, was 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 September 7, 2021 - Page 19 of 262 Town Council Meeting Minutes of August 17, 2021 Page 7 request an extension to the approval period. 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 was to amend the original conditions of approval. Some have been completed, and others are no longer relevant. The third change was to extend the approval period. The standard approval period was three years from approval of the SDD. Council had no questions. There was no public comment. Coggin made a motion to approve Ordinance No. 16, Series of 2021 upon first reading; Bruno seconded the motion passed (7-0). 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 (HDMF) to the Vail Village Townhouse (VVT) District 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. 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. 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. Staff Recommendation: Approve, approve with modifications, or deny Ordinance No. 17, Series of 2021, upon first reading. Roy quickly reviewed Ordinance No. 17, Series of 2021 with council. The applicant, Vail Townhouse Condominium Association, was 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. 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 had been in the HDMF district there had been six variances that had 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 Council had no questions. There was no public comment. September 7, 2021 - Page 20 of 262 Town Council Meeting Minutes of August 17, 2021 Page 8 Bruno made a motion to approve Ordinance No. 17, Series of 2021 upon first reading; Stockmar seconded the motion passed (7-0). There being no further business to come before the council, Foley moved to adjourn the meeting; Coggin seconded the motion which passed (7-0) and the meeting adjourned at 8:38 p.m. Respectfully Submitted, Attest: __________________________________ Dave Chapin, Mayor ___________________________________ Tammy Nagel, Town Clerk September 7, 2021 - Page 21 of 262 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 39, Series 2021, A Resolution A pproving a Memorandum of Understanding in F urtherance of the Vail S ustainable Destination I nitiative AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments, or deny Resolution 39, 2021. B AC K G RO UND: I n 2017 the Vail destination was certified as a S ustainable Destination under the Mountain I D E A L standard and achieved recertification in 2021. T his Memorandum of Understanding (MO U) was initially signed in 2017 by all seven members of the Vail Destination S tewardship Council and this version is an update to the initial MO U. The purpose of this MO U is to set forth the initiatives undertaken by the undersigned parties to participate in and support the purpose and goals of the Vail S ustainable Destination I nitiative. S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments, or deny Resolution 39, 2021 AT TAC H ME N TS: Description Resolution No. 39, Series 2021 MO U September 7, 2021 - Page 22 of 262 RESOLUTION NO. 39 Series of 2021 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING IN FURTHERANCE OF THE VAIL SUSTAINABLE DESTINATION INITIATIVE WHEREAS, the vision of the Vail Sustainable Destination Initiative is for Vail to be the premier sustainable mountain resort community in the world; and WHEREAS, The Memorandum of Understanding, attached hereto as Exhibit A and incorporated herein by this reference (the “MOU”), sets forth the intention of the signatories thereto to contribute to the fulfillment of the purpose of the Vail Sustainable Destination Initiative. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the MOU 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 MOU 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 7th day of September 2021. _________________________ Dave Chapin, Town Mayor ATTEST: _____________________________ Tammy Nagel, Town Clerk September 7, 2021 - Page 23 of 262 1 VAIL SUSTAINABLE DESTINATION INITIATIVE MEMORANDUM OF UNDERSTANDING Purpose: The purpose of this MOU is to set forth the initiatives undertaken by the undersigned parties to participate in and support the purpose and goals of the Vail Sustainable Destination Initiative as described in this document. The purpose of the Vail Sustainable Destination Initiative is to strengthen and sustain collaborative relationships between all undersigned parties for current and future environmental stewardship, social responsibility, and economic vitality within the Vail destination. The Vail destination includes the acreage within the boundaries of the Gore Creek watershed, plus the additional acreage of the Vail Mountain ski area that fall outside of the Gore Creek watershed. Vision: The vision of the Vail Sustainable Destination Initiative is for Vail to be the premier sustainable mountain resort community in the world. Authority: This MOU sets forth the intention of the undersigned to contribute to the fulfillment of the purpose of the Vail Sustainable Destination Initiative. This MOU does not constitute a contractual or legally binding agreement. U.S. Forest Service provisions for this MOU are included below. Organization and Commitment: The organization of the Vail Sustainable Destination Initiative is comprised of a Destination Stewardship Council and a Destination Steering Committee. Stewardship Council: The Stewardship Council will be comprised of the seven signatories on this MOU who have significant responsibilities for managing lands, other natural resources, physical infrastructure, and sustainable destination programs within the Vail Destination. (Including: Holy Cross Energy, Eagle River Water and Sanitation District, Town of Vail, U.S. Forest Service, Vail Recreation District, Vail Resorts, and Walking Mountains Science Center.) The purpose of the Stewardship Council is to provide support to the Vail Sustainable Destination Initiative in the achievement of the vision and goals stated in this MOU. The members of the Stewardship Council are representative “ambassadors” of the Vail Sustainable Destination Initiative and will meet 1-2 times per year or as needed. Steering Committee: The role of the Steering Committee is to provide tactical support, guidance, and coordination to the Vail Sustainable Destination Initiative. The Steering Committee will be comprised of the Stewardship Council members plus representatives of other entities collaborating on sustainability initiatives within the Vail Destination. All Steering Committee members will have the skill set and experience needed for this role and agree to meet the following goals: a) Oversee the development and implementation of the Vail Sustainable Destination Stewardship Plan and update the plan as needed in order to make progress and maintain sustainable destination certification. b) Provide a representative to participate in meetings and task forces as established by the Stewardship Council. c) Participate in 2-4 Steering Committee and/or task force meetings annually. September 7, 2021 - Page 24 of 262 2 d) Contribute to the Vail Sustainable Destination Initiative through relevant and appropriate data collection and monitoring on an annual basis. Goals: The goals of the Vail Sustainable Destination Initiative are to: a) Accomplish and maintain certification under the destination level standard of the Global Sustainable Tourism Council, and the Mountain IDEAL sustainable destination standard for mountain resort communities. b) Develop, maintain, and update the Vail Sustainable Destination Management Plan which is a multi-year destination management strategy and action plan that guides planning, development and management of tourism and recreation to accomplish and maintain certification as a sustainable destination. c) Serve as a resource of information, training, networking, and collaboration for stakeholders in order for Vail to maintain progress and momentum as a sustainable destination. d) Educate about and promote the principles of sustainable destination management to stakeholders including: employees, guests, and representatives throughout the Vail destination and its associated partners in the Eagle Valley area. e) Serve as a liaison between the Vail Sustainable Destination Initiative and other related programs and organizations outside of the Vail destination. Definitions: Sustainable: “Meeting the needs of the present without compromising the ability of future generations to meet their own needs.” – 1987 U.N. Bruntland Report Sustainable Tourism: “Tourism that leads to the management of all resources in such a way that economic, social and aesthetic needs can be fulfilled while maintaining cultural integrity, essential ecological processes, biological diversity and life support systems.” – U.N. World Tourism Organization Amendments: This MOU can only be amended by a majority of Stewardship Council members at a regular or special meeting, provided the notice for the meeting includes written proposals for the amendments at least 10 days in advance of the meeting at which the amendments are to be acted upon. This MOU will be updated with new signatures every three years. U.S. Forest Service Provisions (FS agreement # 18-MU-11021500-003) USE OF FOREST SERVICE INSIGNIA. In order for a Party to the MOU to use the U.S. Forest Service insignia on any published media, such as a Web page, printed publication, or audiovisual production, permission must be granted by the Forest Service’s Office of Communications (Washington Office). A written request will be submitted by Forest Service, White River National Forest, to the Office of Communications Assistant Director, Visual Information and Publishing Services prior to use of the insignia. The Forest Service, White River National Forest, will notify the Cooperator/Recipient when permission is granted. September 7, 2021 - Page 25 of 262 3 MEMBERS OF CONGRESS. Pursuant to 41 U.S.C. 22, no member of, or delegate to, Congress shall be admitted to any share or part of this agreement, or benefits that may arise therefrom, either directly or indirectly. FREEDOM OF INFORMATION ACT (FOIA). Public access to agreement records must not be limited, except when such records must be kept confidential and would have been exempted from disclosure pursuant to Freedom of Information regulations (5 U.S.C. 552). TERMINATION. Any of the parties, in writing, may terminate this MOU in whole, or in part, at any time before the date of expiration. COMMENCEMENT/EXPIRATION DATE. This MOU is executed as of the date of the last signature and is effective through July 31, 2024 at which time it will expire, unless extended by an executed modification, signed and dated by all properly authorized, signatory officials. Signature Page: The signatories representing the Vail Sustainable Destination Stewardship Council can be found on page 4 of this MOU. September 7, 2021 - Page 26 of 262 4 VAIL SUSTAINABLE DESTINATION INITIATIVE- MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE 1. ______________________________________________________________________________ Print Name Above Signature Above Date Position/Title ___________________________________________US Forest Service 2. ______________________________________________________________________________ Print Name Above Signature Above Date Position/Title _____________________________________________Town of Vail 3. ______________________________________________________________________________ Print Name Above Signature Above Date Position/Title _____________________________________________Vail Resorts 4. ______________________________________________________________________________ Print Name Above Signature Above Date Position/Title _________________________________________Vail Recreation District 5. ______________________________________________________________________________ Print Name Above Signature Above Date Position/Title _________________________________________Holy Cross Energy 6. ______________________________________________________________________________ Print Name Above Signature Above Date Position/Title ______________________________ Eagle River Water and Sanitation District 7. ______________________________________________________________________________ Print Name Above Signature Above Date Position Title ____________________________________Walking Mountains Science Center September 7, 2021 - Page 27 of 262 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. 41, S eries 2021, A Resolution Approving a Vacation of Easement and B ill of Sale with the Eagle River Water and S anitation District (the "E RW S D") AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny Resolution No. 41, Series 2021. B AC K G RO UND: The Town of Vail is constructing a project for which it has requested the E RW S D to vacate a certain sewer easement and convey ownership of the eight-inch (8”) sewer main located within the easement, pursuant to the Vacation of E asement and B ill of Sale S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny Resolution No. 41, S eries 2021. AT TAC H ME N TS: Description Resolution 41, Series 2021 Vacation of Easement and Bill of Sale September 7, 2021 - Page 28 of 262 RESOLUTION NO. 41 Series of 2021 A RESOLUTION APPROVING A VACATION OF EASEMENT AND BILL OF SALE WITH THE EAGLE RIVER WATER AND SANITATION DISTRICT (THE “ERWSD”) WHEREAS, the Town is constructing a project for which it has requested the ERWSD to vacate a certain sewer easement and convey ownership of the eight-inch (8”) sewer main located within the easement, pursuant to the Vacation of Easement and Bill of Sale (the “Bill of Sale”), attached hereto as Exhibit A and made a part hereof by this reference. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the Bill of Sale 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 Bill of Sale 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 7th day of September 2021. _________________________ Dave Chapin, Town Mayor ATTEST: _____________________________ Tammy Nagel, Town Clerk September 7, 2021 - Page 29 of 262 {00844178.DOCX / } VACATION OF EASEMENT AND BILL OF SALE THIS VACATION OF EASEMENT AND BILL OF SALE dated this 7th day of September, 2021, between EAGLE RIVER WATER AND SANITATION DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado (“Grantor”) and TOWN OF VAIL, a Colorado municipal corporation, whose address is 75 South Frontage Road West, Vail, Colorado 81657 (“Grantee”): WHEREAS, Grantee is constructing a project for which it has requested the Grantor vacate the Sewer Easement and convey ownership of the eight-inch (8”) sewer main located within the Easement. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does by these presents remise, release, sell and quitclaim unto Grantee, its successors and assigns, forever, all the right, title, interest, claim and demand which the Grantor has and to property and improvements situate, lying and being in the Town of Vail, County of Eagle, State of Colorado, described as follows: See Exhibit A, attached hereto and incorporated herein by this reference. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee and its successors and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this Deed on the date set forth below. GRANTOR: EAGLE RIVER WATER AND SANITATION DISTRICT, a quasi- municipal corporation and political subdivision of the State of Colorado By: Linn Brooks, General Manager EXHIBIT A September 7, 2021 - Page 30 of 262 {00844178.DOCX / } 2 STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this ____ day of _________________, 2021, by Linn Brooks as General Manager of the Eagle River Water and Sanitation District. Witness my hand and official seal. My commission expires: Notary Public ACCEPTANCE TOWN OF VAIL The Town of Vail, hereby accepts the property and improvements conveyed herein. By: Name: Title: Date: September 7, 2021 - Page 31 of 262 Exhibit A Sewer Easement Vacation September 7, 2021 - Page 32 of 262 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 42, Series 2021, A Resolution A pproving a Memorandum of Understanding Regarding a Multidisciplinary Approach Concerning Threat Assessments AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments, or deny Resolution 42, S eries 2021. B AC K G RO UND: A multidisciplinary approach to screen and prioritize concerning incidents for level of potential risk, and determine what options are appropriate before and throughout interactions by sharing resources. S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments, or deny Resolution 42, S eries 2021. AT TAC H ME N TS: Description Resolution 42, Series 2021 MO U September 7, 2021 - Page 33 of 262 RESOLUTION NO. 42 Series of 2021 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING REGARDING A MULTIDISCIPLINARY APPROACH CONCERNING THREAT ASSESSMENTS WHEREAS, the Town desires to enter into a memorandum of understanding, in the form attached hereto as Exhibit A and incorporated herein by this reference (the “MOU”), with other community partners utilizing a multidisciplinary approach to screen and prioritize concerning incidents for level of potential risk, and determine what options are appropriate before and throughout interactions by sharing resources. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the MOU 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 MOU 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 7th day of September 2021. _________________________ Dave Chapin, Town Mayor ATTEST: _____________________________ Tammy Nagel, Town Clerk September 7, 2021 - Page 34 of 262 MEMORANDUM OF UNDERSTANDING P URPOSE AND SCOPE ● Multidisciplinary approach to screen and prioritize concerning incidents for level of potential risk, and determine what options are appropriate before and throughout interactions by sharing resources. ● Identify threats from persons or events that promote need for risk assessment and incident management, particularly to intervene with those who appear to be preparing for an act of targeted violence. ● De-escalation of school and workplace environments that reduces behavioral disruption prior to occurrence. INTENT THREAT ASSESSMENT WILL BE A STRATEGIC FORUM TO GATHER AND UTILIZE PREVENTION AND ADDRESS COMMUNITY RESOURCES TO THOSE WHO ARE IN OUR SYSTEMS FREQUENTLY WITHOUT THE PROPER WRAPAROUND LEVEL OF CARE. INVOLVED PARTIES This team is comprised of community partners from Vail Health, Public Health, Eagle County School District, Vail Mountain School, Speak Up Reach Out, Hope Center, Law Enforcement to include School Resource Officers, Behavioral Health, and the District Attorney's office. MUTUAL UNDERSTANDING Threat assessment is a systematic process designed to: • Identify individual(s) or situation(s) where behavior causes concern for violence and capacity to carry out a threat, (i.e. determine whether an individual poses a threat for harm or violence to themselves or others.); • Gather the most relevant information about an individual’s communications and behaviors, negative or stressful events the individual has experienced, and resources the individual possesses to overcome those setbacks and challenges; • Collect and share this relevant information in a lawful and ethical manner, including complying with relevant federal and state privacy laws; • Assess the individual(s) or situation(s) in context based on the totality of information available; and September 7, 2021 - Page 35 of 262 2 • Identify strategies to prevent violence and mitigate impact of harm to the individual, workplace, school, and/or community. OPERATION AND RESPONSIBILITIES • The predominant goal and focus for the team is to keep individuals out of the justice system if predominant behavioral health needs are cause for de-stabilization or imminent threat. • Team will meet monthly to hold table-top exercises to best prepare for staffing cases as participating agencies report to the team. • Areas of strength and improvement will be provided by a neutral party who shall highlight areas in which the team is working well, identify areas for improvement, and debrief if there are team dynamic issues that need to be addressed. • If a case is presented to the Threat Assessment Team Lead, members relevant to scope and environment of the threat shall convene and respond accordingly. • During monthly meetings, staffed cases will be debriefed to all members of the Threat Assessment Team. Members will then unilaterally make decisions or come to their own conclusions regarding Time, Opportunity, Ability and Desire model for each case. DISCLAIMERS Any disclosed information from all parties will only be used/released for the purposes of conducting the threat assessment and when a health or safety emergency exists. This information is considered confidential for the purposes of Threat Assessment only, unless warranted by legal compliance. The Town of Vail, Eagle Avon, and its officers, attorneys, and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys, or employees. 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. Any disclosed information from all parties will only be used/released for the purposes of conducting the threat assessment and when a health or safety emergency exists. This information is considered confidential for the purposes of Threat Assessment only, unless warranted by legal compliance. RISK SHARING For participating agencies with governing compliance in data sharing (FERPA, HIPAA, etc.), identifiable and private information can be disclosed in compliancy with all relevant federal and state privacy laws and in accordance with applicable policy and procedure within each entity. September 7, 2021 - Page 36 of 262 3 SIGNATURES Vail Police Department Avon Police Department Eagle Valley Behavioral Health Vail Health Eagle County School District Vail Mountain School Speak Up Reach Out Hope Center of the Eagle River Valley Fifth Judicial District Attorney’s Office Eagle County Department of Human Services Eagle County Public Health and Environment Eagle County Sheriff’s Office / School Resource Officers September 7, 2021 - Page 37 of 262 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: Town Council Candidate Update September 7, 2021 - Page 38 of 262 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 Residences Main Vail Development AT TAC H ME N TS: Description Memo September 7, 2021 - Page 39 of 262 To: Vail Town Council From: George Ruther, Housing Director Date: September 7, 2021 Subject: Residences at Main Vail – Two-phased Approach to Development 1. SUMMARY The purpose of this agenda item is to inform the Vail Town Council of the revised approach to the construction management of the development of the Residences at Main Vail. This revised approach to development aligns with the summary of the project schedule, presented to the Vail Town Council on August 17. 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. Most recently, an updated project schedule was shared with the Vail Town Council which included a first phase of demolition, site work and shoring occurring from October 11 through December 17, 2021 followed by a second phase of construction restarting on or about March 14, 2022, weather permitting, with a final completion date of May 30, 2023. Since the presentation of information on August 17, the development team has further refined the construction management and means and methods approaches for completing the construction work. 3. REVISED APPROACH TO CONSTRUCTION MANAGEMENT A revised approach to the development of the Residences at Main Vail has been prepared. The development team has partnered to formulate a revised approach to implement the two distinct phases of construction presented on August 17. This newly planned approach to the construction of the Residences at Main Vail is beneficial for the following reasons: 1) results in a +/-$1M savings in the total development cost of the project, 2) reduces the development risk of the project, 3) is responsive to the current uncertainties in the construction industry and supply chain, and 4) ensures the project schedule is not negatively impacted. In sum, within the 6% development fee paid to Triumph Development, Triumph will now manage and administer, acting as a developer/general contractor, the first phase of construction to include demolition, site work and shoring occurring from October 11 through December 17, 2021. The scope of work and magnitude of construction is well within Triumph’s capabilities, qualifications, and available resources. The second phase of construction will continue to be September 7, 2021 - Page 40 of 262 Town of Vail Page 2 completed in partnership with an equally qualified general contractor to construct the vertical improvement restarting on or about March 14, 2022, weather permitting, and will be completed by May 30, 2023. The advantages to the revised approach include: • the construction project remains on track to begin in the fall of 2021. • realizes 3 months of savings (+/- $150K) on the cost of general conditions and general contractor overhead. • there is no added construction management cost of the first phase of construction as this expense is now included within the 6% developer fee. • allows the Town and Triumph Development to execute the final development agreement after the final building permit set of plans have been approved and issued. • increases the accuracy in establishing the total cost of the project by allowing the project to be bid by the subcontractors closer to the actual start of vertical construction. • reduces the Town’s exposure to unforeseen development risk and uncertainties in the market and materials supply chain. • substantially reduces the amount of contingency funds required to build the project. • 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. The following deal points and terms highlight a future development deal structure: • Total Project Development Cost – $25M (estimated) • Ownership of the Fee Title– Town of Vail • Ownership of the Improvements – Town of Vail • Financing – 100% Town of Vail Tax Exempt Bonds/Reserves • Financing Term – 30-year amortization • Interest Rate – 2.7%, depending on length of term and date of lock • 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 Town staff asks that the Vail Town Council acknowledges acceptance of the revised approach to construction of the Residences at Main Vail. With acceptance from Town Council, the revised approach to construction will be incorporated into the proposed final construction budget and development agreements. September 7, 2021 - Page 41 of 262 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: Public Health Update September 7, 2021 - Page 42 of 262 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. 40, S eries of 2021, Resolution No. 40, S eries of 2021, A Resolution Approving a Memorandum of Understanding E stablishing a Regional Transit Authority Formation Committee P RE S E NT E R(S ): S cott Robson, Town Manager and Greg Hall, Director of Public Works AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments, or deny Resolution No. 40, 2021. B AC K G RO UND: The attached Memorandum of Understanding is intended to embark on the next level of structured collaboration and focus to understand the details of a potential Regional Transit Authority and implement a comprehensive outreach program to inform stakeholders and receive stakeholder input. S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments, or deny Resolution No. 40, 2021. AT TAC H ME N TS: Description T C Memo R TA MO U Resolution No. 40, Series 2021 R TA September 7, 2021 - Page 43 of 262 To: Town Council From: Greg Hall, Department of Public Works Scott Robson Town Manager Date: September 7, 2021 Subject: Regional Transit Authority Memorandum of Understanding Resolution Number 40, Series 2021. I. PURPOSE The purpose of this item is to have the Town Council review and approve the Town of Vail’s involvement with the ongoing effort to form a Regional Transit Authority (RTA). This includes: • Approval of Resolution 40, Series 2021, Regional Transit Authority Memorandum of Understanding • Authorize the town of Vail contribution to phase one of the project of $ 10,000. II. BACKGROUND This memorandum provides an overview and background about efforts to pursue a potential regional transit authority (“RTA”) to serve the Eagle River Valley. The attached Memorandum of Understanding Establishing a Regional Transit Authority Formation Committee (“MOU”) is the culmination of efforts over the last year at the Mayors and Managers meetings and the efforts of an Ad Hoc Regional Transit Optimization Committee that was formed out of a Mayors and Managers Meeting. We recognize that there are many questions posed by the formation of an RTA. The attached MOU is intended to embark on the next level of structured collaboration and focus to understand the details of a potential RTA and implement a comprehensive outreach program to inform stakeholders and receive stakeholder input. The MOU proposes the formation of an RTA Formation Committee, an RTA Technical Committee, and an RTA Community Stakeholders Committee. Eagle County, the Town of Vail and the Town of Avon are contemplated to fund Phase I of planning costs so that this effort can proceed by retaining a community outreach facilitator by October. Phase II contemplates funding contributions by all municipalities that would participate in this RTA planning effort in 2022. This effort is anticipated and desired to lead up to an in November of 2022 to approve an RTA and may potentially include a tax funding question to support enhancements to regional transit services. The contemplated RTA would also include dedicated funding to support the Eagle Air Alliance and subsidies to secure new direct flights to Eagle County Regional Airport. September 7, 2021 - Page 44 of 262 Town of Vail Page 2 RTA FORMATION COMMITTEE: The RTA Formation Committee is composed of one representative of Eagle County and each municipality in Eagle County (not including Basalt). Monthly meetings will be scheduled for the RTA Formation Committee to review information, identify details and questions to address, provide input on the community stakeholder process, and ultimately provide direction on an RTA to be referred to voters. The MOU sets forth a list of minimum requirements in Paragraph 3 which tracks state statute. We would like to schedule the first RTA Formation Committee meeting in September to provide background information on the formation of an RTA as well as other information that has been gathered over the last year. RTA TECHNICAL COMMITTEE: The RTA Technical Committee is a continuation of the Ad Hoc Regional Transit Optimization Committee that met over the last year with the addition of David Reid who would represent the Eagle County Regional Airport. The role of the RTA Technical Committee is to research information on estimated costs and logistics associated with various transit enhancement ideas. RTA COMMUNITY STAKEHOLDERS COMMITTEE: This committee is envisioned to be open and inclusive to all the existing groups in the Eagle River Valley, and beyond such as Lake County and Leadville. The purpose is to facilitate community involvement. III. ACTION REQUESTED BY COUNCIL Approve Resolution 40, Series 2021. authorizing the execution of the Regional Transit Authority Memorandum of Understanding Approve the Town of Vail contribution of $10000 for the Phase 1 work and budget for 2022 the Town of Vail’s contribution to phase 2 work estimated at $ 60,000. IV. STAFF RECOMMENDATION Approve the Resolution and authorize the expenditure of 2021 funds. September 7, 2021 - Page 45 of 262 RESOLUTION NO. 40 Series of 2021 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING ESTABLISHING A REGIONAL TRANSIT AUTHORITY FORMATION COMMITTEE WHEREAS, in January 2020 a joint meeting of the Beaver Creek and Vail Economic Advisory Councils was convened to discuss regional transportation challenges at which members of the private business community expressed strong support to improve and enhance regional transit; WHEREAS, an ad-hoc group of Town Managers, Transit Directors, and business community leaders was convened soon afterwards to discuss, analyze, and identify challenges and opportunities related to greater coordination and integration of the regional public transportation system; WHEREAS, separate conversations with the EGE Air Alliance have highlighted the importance of air transportation as part of the broader regional transportation system; and WHEREAS, each of these groups have identified the creation of a Regional Transit Authority (“RTA”) as a desirable way to plan, finance, implement and operate a regional public transportation system that better meets the needs of residents, visitors, and businesses in Eagle County; and WHEREAS, the local government entities now desire to proceed with preparation of a proposed RTA and a comprehensive community engagement process with the intention to refer ballot questions for the formation of a RTA and a funding question to the November 1, 2022 general election, pursuant to the terms of the Memorandum of Understanding (the “MOU”) attached hereto as Exhibit A and incorporated herein by this reference. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the MOU 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 MOU 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 7th day of September 2021. _________________________ Dave Chapin, Town Mayor September 7, 2021 - Page 46 of 262 ATTEST: _____________________________ Tammy Nagel, Town Clerk September 7, 2021 - Page 47 of 262 MEMORANDUM OF UNDERSTANDING ESTABLISHING A REGIONAL TRANSIT AUTHORITY FORMATION COMMITTEE STATEMENT OF PURPOSE – This Memorandum of Understanding (“MOU”) formalizes the agreement reached by the Eagle County government and municipalities within the contemplated boundaries of a Regional Transit Authority (“RTA”) in Eagle County on the commitment of staff and financial resources to a Regional Transit Authority Formation Committee (“RTA Formation Committee”) for the purpose of researching and proposing the structure of an RTA to serve the greater Eagle River Valley community pursuant to CRS §43-4-601 Regional Transportation Authority Law. WHEREAS, in January 2020 a joint meeting of the Beaver Creek and Vail Economic Advisory Councils was convened to discuss regional transportation challenges at which members of the private business community expressed strong support to improve and enhance regional transit; and WHEREAS, an ad-hoc group of Town Managers, Transit Directors, and business community leaders was convened soon afterwards to discuss, analyze, and identify challenges and opportunities related to greater coordination and integration of the regional public transportation system; and WHEREAS, separate conversations with the EGE Air Alliance have highlighted the importance of air transportation as part of the broader regional transportation system; and WHEREAS, each of these groups have identified the creation of a Regional Transit Authority (“RTA”) as a desirable way to plan, finance, implement and operate a regional public transportation system that better meets the needs of residents, visitors, and businesses in Eagle County; and WHEREAS, the local government entities now desire to proceed with preparation of a proposed RTA and comprehensive community engagement process with the intention to refer ballot questions for the formation of a RTA and a funding question to the November 1,2022 general election. NOW, THEREFORE, the parties to this MOU agree as follows: 1.NO LEGAL OBLIGATIONS. This MOU is only a statement of intentions to facilitate coordination among parties and shall not be construed to create,and shall not in fact create, any financial or other obligations or liabilities for any party to this MOU. 2.ELIGIBLE PARTIES TO THIS MOU. The local government entities which are required to take action as part of the formation of a Regional Transit Authority and/or which currently fund and provide public transit service are eligible parties to this MOU,including Eagle County government, and municipalities in Eagle County, or Title 32 special districts with transportation powers, which are located within the boundaries of a proposed Regional Transit Authority area. RTA Formation Committee Memorandum of Understanding – DRAFT August 30, 2021 Page 1 of 13 September 7, 2021 - Page 48 of 262 3.RTA FORMATION COMMITTEE . The RTA Formation Committee shall consist of one representative of each party to this MOU. Each representative shall have one vote in matters considered by the Committee. Each party may designate a primary representative and alternates in its discretion which shall be limited to elected officials and full-time staff persons. The RTA Formation Committee shall also have the following organization duties: (a)Select a chair and vice chair; (b)Establish a meeting schedule and timeline for completion of activities; (c)Provide parameters for staff support for the RTA Formation Committee provided by participating entities; (d)Establish a schedule for communications and meetings with municipal staff and elected officials to inform them on status and upcoming developments; (e)Review the Scope of Work for third party facilitators and consultants to assist with community engagement and the RTA formation process; (f)Determine the details of a proposed RTA, including but not limited to: (1)Determine the name and purpose of the RTA, including an explanation of all regional transportation systems to be provided and preliminary expectations regarding types and service levels; (2)Determine geographic boundaries, districting, and rules for modification of a regional public transportation authority; (3)Determine the form of governance and board representation on the RTA; (4)Recommend an initial organizational structure and staffing for the RTA; (5)Recommend the structure of the relationship with existing transit systems, including recommendations related to the transfer of assets,liabilities, or personnel; (6)Analyze potential dedicated funding sources and structures for public transportation and make recommendations regarding type and level; (7)Recommend the structure of the relationship with the EGE Air Alliance, including recommendations related to structure, governance,and fiscal authorities; and (8)Develop a proposed IGA, meeting the requirements of C.R.S. § 43-4-601, for signature by interested and eligible entities. RTA Formation Committee Memorandum of Understanding – DRAFT August 30, 2021 Page 2 of 13 September 7, 2021 - Page 49 of 262 (g)Determine the details and wording on any ballot measures to be referred to the voters for the formation of an RTA; and (h)Provide legal, financial, marketing and political support for a potential future ballot measure. 4.RTA TECHNICAL ADVISORY COMMITTEE . The RTA Technical Advisory Committee will be an advisory body to the RTA Formation Committee and will continue for the purpose of sharing information, analyzing costs, and submitting feedback associated with various proposals for regional transit enhancement generated by the RTA Formation Committee, and making recommendations to the RTA Formation Committee. In addition, they will assist in identifying operational issues related to proposed structures that may require additional consideration by the RTA Formation Committee. The RTA Formation Committee may change, amend, supplement,fill vacancies or remove any person on the RTA Technical Committee without notice or cause.The RTA Formation Committee may invite or add other persons or representation from other entities that may provide relevant technical advice and information. The RTA Technical Advisory Committee shall consist of the following members unless and until changed by the RTA Formation Committee: (a)Tanya Allen, ECO Transit Director; (b)Jen Brown, Managing Director Beaver Creek Resort Company; (c)Paul Gorbold, Beaver Creek Transit Manager; (d)Scott Robson, Vail Town Manager; (e)Greg Hall, Vail Public Works and Transportation Director; (f)Brandy Reitter, Eagle Town Manager (g)Chris Romer, Vail Valley Partnership and Eagle Air Alliance; (h)Brian Nolan, representative of Beaver Creek and Vail Economic Advisory Councils; (i)Eva Wilson, Avon Mobility Director; (j)Eric Heil, Avon Town Manager; (k)David Reid, Director of Aviation, Eagle County Regional Airport; and (l)Jeremy Rietmann, Gypsum Town Manager Members of the RTA Technical Advisory Committee serve at the pleasure of the RTA Formation Committee and appointments to the committee do not constitute contractual obligations of the RTA Formation Committee or of any of its representative entities. The RTA Technical Advisory Committee RTA Formation Committee Memorandum of Understanding – DRAFT August 30, 2021 Page 3 of 13 September 7, 2021 - Page 50 of 262 shall terminate upon establishment of an RTA as a separate legal entity pursuant to C.R.S. § 43-4-601, et. seq. 5.RTA COMMUNITY STAKEHOLDERS COMMITTEE . The RTA Community Stakeholders Committee shall consist of all interested local governments that are not parties to this MOU, interested non-profit or community organizations, and interested private business entities that desire to participate on the RTA Community Stakeholder Committee. The purpose of the RTA Community Stakeholder Committee is to facilitate the community engagement process,including the sharing and dissemination of information related to the RTA, facilitate broader understanding of the RTA formation process and the technical and financial aspects of proposed RTA operations,and facilitate providing broad community input to the RTA Formation Committee. The scheduling,organization and conduct of RTA Community Stakeholder Committee meetings shall be facilitated by a third party consultant as contemplated in this MOU. 6.CONTEMPLATED ROLES OF AN RTA. The specific roles of an RTA would be researched and determined during the study and community engagement process. The following list describes the potential roles of an RTA that are being contemplated at the time of executing this MOU. Parties to the MOU acknowledge and agree that the roles of a RTA as may be ultimately referred to election are expected to be revised and refined through the community engagement process. (a)Assume some or all operations, assets and functions of ECO Transit and/or other transportation systems of participating entities; (b)Assume some or all operations, assets and functions of the Eagle Air Alliance; (c)Continue planning and development for the enhancement and operation of regional transportation system in the Eagle River Valley, to include operation and/or financial support for multimodal surface and air transportation; (d)Study, design, financially support and implement,with partnerships as appropriate, first and last mile improvements to enhance transit ridership, including but not limited to the development of park and ride facilities, bus stops, and pedestrian crossings; (e)Study, design, financially support and implement,with partnerships as appropriate, improvements to the regional transit system to support,advance and achieve climate action goals, including but not limited to conversion of bus fleet to zero or reduced greenhouse gas emission rolling stock, zero or reduced greenhouse gas emission transit facilities, and increase of transit ridership that reduces passenger vehicle miles travelled; (f)Coordinate with the Colorado Department of Transportation (“CDOT”) and federal governing agencies to enhance regional transit, including but not limited to improvements to connections to the RTA area via Bustang and other statewide bus programs and increased air service to the Eagle County Regional airport; RTA Formation Committee Memorandum of Understanding – DRAFT August 30, 2021 Page 4 of 13 September 7, 2021 - Page 51 of 262 (g)Represent the Eagle County RTA area with regard to state and federal legislation affecting available funding to support regional transit operations and with regard to legislation affecting operations; and (h)Study, design, financially support and implement,other regional transportation and mobility programs and operations, such as regional e-bike sharing programs. 7.RETAINING THIRD PARTY FACILITATORS AND CONSULTANTS .A central purpose of this MOU is to reach an understanding on the retaining of third party facilitators and consultants to assist with the administrative, legal, and technical details in the formation of an RTA, assist with the community engagement process, and assist with determining consensus and community support for any ballot issues which may be referred to the voters. The Scope of Work for any third party facilitators and/or consultants shall be reviewed and approved by the RTA Formation Committee. Third party facilitators and consultants will be retained by Eagle County pursuant to such contract terms as may be approved by Eagle County, in its sole discretion. Eagle County will administer of such contracts as it deems appropriate in its sole and absolute discretion, and shall accept no responsibility for or liability associated with the product or services provided by such third party facilitators and consultants 8.FUNDING CONTRIBUTION. Funding contributions for third party facilitators and/or consultants will be based on the proportionate share of audited 2021 revenue from governmental activities recorded by each respective local government party to this MOU.Notwithstanding the foregoing, parties to this MOU may agree in writing to any other arrangement for funding contributions. An initial funding contribution is necessary to retain thirty party facilitators and consultants to commence Phase 1 work in 2021. An additional funding contribution is necessary for the Phase 2 work which is expected to begin in the 2022 budget year. (a)Phase 1 Funding Contribution:$30,000 is the contemplated budget to commence the work of the RTA Formation Committee in 2021, which is comprised of a budget for facilitation of committee meetings, initial community outreach, facilitating and coordinating research and consideration of transit enhancement ideas and associated funding,initial research on funding options, compiling comparison information of other regional transit authorities and preparing RTA presentation materials. Eagle County, the Town of Vail and the Town of Avon have offered to share this expense equally ($10,000 each). (b)Phase 2 Funding Contribution:$170,000 is the contemplated budget to continue the work in 2022, which is comprised of $140,000 to continue community engagement work, assist with revision to an RTA proposal including financial modelling of different options and scenarios, revise and update RTA presentation materials, and assist with the determination of any referred ballot measures and associated factual statements and information presentations related to the formation of an RTA; and a $30,000 budget for legal advice and assistance related to RTA formation and associated funding questions. RTA Formation Committee Memorandum of Understanding – DRAFT August 30, 2021 Page 5 of 13 September 7, 2021 - Page 52 of 262 (c)Additional Funding Contributions:The parties to the MOU may consider funding additional activities such as political polling by mutual agreement at a later date. 9.ADMINISTRATIVE SUPPORT. The Eagle County Regional Transportation Authority (“ECRTA”), as a department of Eagle County Government and the current regional transportation provider, has been engaged in the planning, design, and development of a regional transit system for Eagle County. ECRTA will provide administrative, technical and planning assistance to the RTA Formation Committee until the establishment of a statutory RTA, with assistance from other entities as may be mutually agreed. ECRTA’s responsibilities may include the following: (a)Assist the RTA Formation Committee in engaging professional and consulting services to manage the work of the RTA Formation Committee; (b)Act as the fiscal agent of funds received from the signatory municipalities of this MOU; (c)Disperse appropriate payments of funds for services rendered specifically to the RTA Formation Committee, including those of contracted consultants; (d)Serve as the applicant for any appropriate grant funding opportunities for which the RTA Formation Committee may be eligible for its work; 10.TERM. The term of this MOU shall end on November 1,2022 unless the parties to this MOU extend the term of this MOU by written agreement. All committees created by this MOU shall be deemed disbanded upon termination of the MOU. 11.TERMINATION. Any party may terminate its participation in this MOU by delivering fourteen (14) days written notice to the elected board or council for the other participating entities. 12.TABOR. This MOU shall not create any multi-year fiscal obligation of any party to this MOU and any funding contribution or other financial commitment shall be subject to annual budget and appropriation of each party. [SIGNATURE PAGES FOLLOW] RTA Formation Committee Memorandum of Understanding – DRAFT August 30, 2021 Page 6 of 13 September 7, 2021 - Page 53 of 262 EAGLE COUNTY BY: ____________________________________________________Date:___________________ ATTEST:________________________________________________ RTA Formation Committee Memorandum of Understanding – DRAFT August 30, 2021 Page 7 of 13 September 7, 2021 - Page 54 of 262 TOWN OF AVON BY: ____________________________________________________Date:___________________ Sarah Smith Hymes, Mayor ATTEST:________________________________________________ Brenda Torres, Town Clerk RTA Formation Committee Memorandum of Understanding – DRAFT August 30, 2021 Page 8 of 13 September 7, 2021 - Page 55 of 262 TOWN OF EAGLE BY: ____________________________________________________Date:___________________ ATTEST:________________________________________________ RTA Formation Committee Memorandum of Understanding – DRAFT August 30, 2021 Page 9 of 13 September 7, 2021 - Page 56 of 262 TOWN OF GYPSUM BY: ____________________________________________________Date:___________________ ATTEST:________________________________________________ RTA Formation Committee Memorandum of Understanding – DRAFT August 30, 2021 Page 10 of 13 September 7, 2021 - Page 57 of 262 TOWN OF MINTURN BY: ____________________________________________________Date:___________________ ATTEST:________________________________________________ RTA Formation Committee Memorandum of Understanding – DRAFT August 30, 2021 Page 11 of 13 September 7, 2021 - Page 58 of 262 TOWN OF RED CLIFF BY: ____________________________________________________Date:___________________ ATTEST:________________________________________________ RTA Formation Committee Memorandum of Understanding – DRAFT August 30, 2021 Page 12 of 13 September 7, 2021 - Page 59 of 262 TOWN OF VAIL BY: ____________________________________________________Date:___________________ ATTEST:________________________________________________ RTA Formation Committee Memorandum of Understanding – DRAFT August 30, 2021 Page 13 of 13 September 7, 2021 - Page 60 of 262 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. 18, Series 2021, First Reading, an ordinance concerning the Residences at Main Vail and in connection therewith authorizing the project, the leasing of certain town property, and the execution and delivery of a site lease, lease purchase agreement and other documents. P RE S E NT E R(S ): K athleen Halloran, F inance Director AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments, or deny first reading of Ordinance No. 18, S eries 2021. B AC K G RO UND: P lease see attached memorandum. S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments, or deny first reading of Ordinance No. 18, S eries 2021. AT TAC H ME N TS: Description debt September 7, 2021 - Page 61 of 262 TO: Vail Town Council FROM: Finance Department DATE: September 7, 2021 SUBJECT: Ordinance No. 18, Series 2021, Authorization of Debt and Lease of Town Property I. SUMMARY On June 15, Town Council directed staff to move forward with financing the (estimated) $26.5 million Residences at Main Vail housing project with a $25.0 million, 30-year Certificate of Participation (COP). The purpose of this ordinance is to authorize the town to issue the debt. II. DISCUSSION A favorable interest rate environment in the public sector has afforded the town an opportunity to move forward with the construction of 72 residential rental units when the private developer was experiencing difficulties providing financing. As of August 25, the 30-year COP was estimated with an interest rate of 2.7% (please note this is not a locked in rate). At this rate, average annual debt service would cost the project approximately $1.2 million, with total interest cost over the life of the loan of $15.8 million. The debt service payments will be covered by the rental income generated at the Residences at Main Vail but will be guaranteed by the town’s General Fund. With the passing of this ordinance, staff will file with the Town Clerk’s office a “Preliminary Official Statement” document. The primary function of the Official Statement is to disclose to initial purchasers of the Certificates all material facts, such as information that a reasonable investor likely would consider significant in the total mix of information available about the Certificates. It contains information about revenue sources that are available to cover the annual debt service and other pertinent financial information. The Official Statement serves as an information base for rating agencies (and insurers) to obtain the best possible rating on the COPS. After the town is assigned a rating, the Official Statement will be used by Piper Sandler, as Underwriter, in the marketing of the COPS to the public. After closing on the COPS, the Official Statement will serve as a guide for any required continuing disclosure documents in the future. A Certificate of Participation, or “COP” is not considered long term debt for the town because it is structure as an investment in a share of the improvements or infrastructure the town intends to fund. The COP is the form used for this “lease-financing” contract where the investors are paid back from lease payments. September 7, 2021 - Page 62 of 262 Town of Vail Page 2 The most recent lease-purchase agreement entered into by the town was a $15.2 million bank placement to finance the Public Works Shops expansion and renovation. This was financed at an interest rate of 1.76% over 15 years, with a total interest cost of $2.2 million. Prior to that, the town had not financed any capital projects since 1991. Summary of the estimated terms:  30-year tax-exempt Certificate of Participation  $25.3 million  Includes $25.0M in project costs and $234K in issuance costs  Interest rate of 2.7%  Total interest cost over life: $15.8M  Annual debt service $1.2M Next Steps Pending approval of this first reading, staff and underwriter will meet with the rating agency within one week to receive a rating by week of September 13th. Second reading of this ordinance is scheduled for September 21st. Two days later (September 23) the underwriter will post the Preliminary Offering Statement (POS) and the town will close on the COP issue on October 20th. Funds will be available to the town for reimbursement of project related expenses after October 20th. II. ACTION REQUESTED OF COUNCIL Approve Ordinance No. 18, Series 2021, an emergency ordinance authorizing the town to issue Certificates of Participation for the financing of the Residences at Main Vail housing project. September 7, 2021 - Page 63 of 262 ORDINANCE NO. 18 SERIES 2021 AN ORDINANCE CONCERNING THE RESIDENCES AT MAIN VAIL AND IN CONNECTION THEREWTITH AUTHORIZING THE PROJECT, THE LEASING OF CERTAIN TOWN PROPERTY, AND THE EXECUTION AND DELIVERY OF A SITE LEASE, A LEASE PURCHASE AGREEMENT, AND OTHER DOCUMENTS. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Recitals. A. The Town of Vail, in Eagle County, Colorado (the “Town”), is a duly organized and existing home rule municipality of the State of Colorado (the “State”), created and operating pursuant to Article XX of the State Constitution and the Town’s Home Rule Charter (the “Charter”). B. Pursuant to Article XX, Section 6 of the Colorado Constitution and Section 13.3 of the Charter, the Town is authorized to lease, for such term as Council shall determine, any real or personal property to or from any person, firm or corporation, public or private, governmental or otherwise. C. The Town owns vacant real property described as Lot 3, Middle Creek Subdivision (the “Property”). D. Because the demand for workforce housing in the Town exceeds the supply, the Council hereby determines that it is in the public interest and is a public purpose for the Town to finance the acquisition, construction, installation, equipping of the Residences at Main Vail, a deed restricted, for rent workforce housing project on the Property, including any legally permitted costs and expenditures in connection therewith, all for public purposes, and as authorized by law (the “Project”). E. The Council hereby determines that it is in the best interests of the Town and its inhabitants that the Town lease the Property pursuant to a Site Lease (the “Site Lease”) between the Town, as lessor, and U.S. Bank National Association, as lessee (the “Trustee”) and lease back the Trustee’s interest in the Property pursuant to the terms of a Lease Purchase Agreement (the “Lease”) between the Trustee, as lessor, and the Town, as lessee. F. The Trustee will execute and deliver an Indenture of Trust (the “Indenture”) pursuant to which there will be executed and delivered certain certificates of participation (the “Certificates”) dated as of their date of delivery, that shall evidence proportionate interests in the right to receive certain revenues including rental payments made by the Town under the Lease. September 7, 2021 - Page 64 of 262 2 G. The Town’s obligation under the Lease to pay Base Rentals and Additional Rentals (as each is defined in the Lease) will be from year to year only; will constitute a currently budgeted expenditure of the Town; will not constitute a mandatory charge or requirement in any ensuing budget year; and will not constitute a general obligation or other indebtedness or multiple fiscal year direct or indirect Town debt or other financial obligation of the Town within the meaning of any constitutional, statutory, or Charter limitation or requirement concerning the creation of indebtedness or multiple fiscal year financial obligation, nor a mandatory payment obligation of the Town in any ensuing fiscal year beyond any fiscal year during which the Lease shall be in effect. H. The Supplemental Public Securities Act, part 2 of article 57 of title 11, Colorado Revised Statutes (the “Supplemental Act”), provides that a public entity, including the Town, may elect in an act of issuance to apply all or any of the provisions of the Supplemental Act to an issue of securities. I. No member of the Council has any conflict of interest or is interested in any pecuniary manner in the transactions contemplated by this ordinance J. There have been filed with the Town Clerk proposed forms of: (i) the Site Lease; (ii) the Lease; (iii) the Preliminary Official Statement (the “Preliminary Official Statement”)and (iv) a Continuing Disclosure Certificate (the “Continuing Disclosure Certificate”) to be delivered by the Town. K. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Lease and the Site Lease Section 2. Ratification and Approval of Prior Actions. All action heretofore taken (not inconsistent with the provisions of this ordinance) by the Council or the officers, agents, or employees of the Council or the Town relating to the Site Lease, the Lease, the implementation of the Project, and the execution and delivery of the Certificates is hereby ratified, approved and confirmed. Section 3. Finding of Best Interests. The Council hereby finds and determines, pursuant to the Constitution and laws of the State and the Charter, that the implementation of the Project pursuant to the terms set forth in the Site Lease, the Lease, and the Indenture are necessary, convenient, and in furtherance of the Town’s purposes and are in the best interests of the inhabitants of the Town and that the fair value of the Property does not exceed its Purchase Option Price (as defined in the Lease), and the Council hereby authorizes and approves the same. Section 4. Supplemental Act Election; Parameters. The Council hereby elects to apply all of the provisions of the Supplemental Act to the Lease, the Site Lease, and the Certificates, and in connection therewith delegates to the Mayor, any other member of the Council, the Town Manager, or the Finance Director the independent authority to make any determination delegable pursuant to Section 11-57-205(1)(a-i), Colorado Revised Statutes, in relation to the Lease and the Site Lease, and to execute a sale certificate (the “Sale Certificate”) setting forth such determinations, including without limitation, the term of the Site Lease, the rental amount to be September 7, 2021 - Page 65 of 262 3 paid by the Trustee pursuant to the Site Lease, the term of the Lease and the rental amount to be paid by the Town pursuant to the Lease, subject to the following parameters and restrictions: (a) the Site Lease Term shall end no later than December 31, 2061; (b) the Lease Term shall end no later than December 31, 2051; (c) the maximum annual repayment cost of Base Rentals payable by the Town shall not exceed $1,450,000, and the total repayment cost shall not exceed $38,000,000; (d) the aggregate principal amount of the Base Rentals payable by the Town under the Lease with respect to the Certificates shall not exceed $25,325,000; (e) the purchase price of the Certificates shall not be less than 98% of the aggregate principal amount; and (f) the maximum net effective interest rate on the interest component of the Base Rentals relating to the Certificates shall not exceed 4.00%. Pursuant to Section 11-57-205 of the Supplemental Act, the Council hereby delegates to each of the Mayor, the Town Manager or the Finance Director the authority to acknowledge the Indenture and any contract for the purchase of the Certificates between the Trustee and the Purchaser, and to execute any agreement or agreements in connection therewith. In addition, each of the Mayor, the Town Manager or the Finance Director is hereby authorized to independently determine if obtaining an insurance policy for all or a portion of the Certificates is in the best interests of the Town, and if so, to select an insurer to issue an insurance policy, execute a commitment relating to the same and execute any related documents or agreements required by such commitment. Each of the Mayor, the Town Manager, or the Finance Director is also hereby authorized to determine if obtaining a reserve fund insurance policy for the Certificates is in the best interests of the Town, and if so, to select a surety provider to issue a reserve fund insurance policy and execute any related documents or agreements required by such commitment. Section 5. Approval of Documents. The Site Lease, the Lease, and the Continuing Disclosure Certificate are in all respects approved, authorized, and confirmed, and the Mayor of the Town is hereby authorized and directed for and on behalf of the Town to execute and deliver such documents in substantially the forms and with substantially the same contents as the proposed forms of such documents on file with the Town Clerk, with such changes as may hereafter be approved by the Mayor, the Town Attorney, or the Town Manager. Section 6. Official Statement. The Town Manager or the Finance Director are each independently authorized to prepare or cause to be prepared, and the Mayor is authorized and directed to approve, on behalf of the Town, and execute a final Official Statement for use in connection with the offering and sale of the Certificates in substantially the form of the Preliminary Official Statement, but with such amendments, additions, and deletions as are in accordance with the facts and not inconsistent herewith. The execution of a final Official Statement by the Mayor shall be conclusively deemed to evidence the approval of the form and contents thereof by the Town. The distribution of the Preliminary Official Statement and the final Official Statement to September 7, 2021 - Page 66 of 262 4 all interested persons in connection with the sale of the Certificates is hereby ratified, approved and authorized. Section 7. Authorization to Execute Collateral Documents. The Mayor, the Town Manager, the Finance Director, and other appropriate officials or employees of the Town are hereby authorized to execute and deliver for and on behalf of the Town any and all certificates, documents, instruments, and other papers and to perform all other acts that they deem necessary or appropriate, in order to implement and carry out the transactions and other matters authorized by this ordinance. The Town Clerk is hereby authorized and directed to attest all signatures and acts of any official of the Town, if so required by any documents in connection with the matters authorized by this ordinance. The appropriate officers of the Town are authorized to execute on behalf of the Town agreements concerning the deposit and investment of funds in connection with the transactions contemplated by this ordinance. The execution of any instrument by the aforementioned officers or members of the Council shall be conclusive evidence of the approval by the Town of such instrument in accordance with the terms hereof and thereof. Section 8. No General Obligation Debt. No provision of this ordinance, the Lease, the Indenture, the Continuing Disclosure Certificate, the Certificates or the Official Statement shall be construed as creating or constituting a general obligation or other indebtedness or multiple fiscal year financial obligation of the Town within the meaning of any constitutional, statutory, or Charter provision, nor a mandatory charge or requirement against the Town in any ensuing fiscal year beyond the then current fiscal year. The Town shall not have any obligation to make any payment with respect to the Certificates except in connection with the payment of the Base Rentals and certain other payments under the Lease, which payments may be terminated by the Town in accordance with the provisions of the Lease. Neither the Lease nor the Certificates shall constitute a mandatory charge or requirement of the Town in any ensuing fiscal year beyond the then current fiscal year or constitute or give rise to a general obligation or other indebtedness or multiple fiscal year financial obligation of the Town within the meaning of any constitutional, statutory or Charter debt limitation and shall not constitute a multiple fiscal year direct or indirect Town debt or other financial obligation whatsoever. No provision of the Lease or the Certificates shall be construed or interpreted as creating an unlawful delegation of governmental powers nor as a donation by or a lending of the credit of the Town within the meaning of Sections 1 or 2 of Article XI of the State Constitution. Neither the Lease nor the Certificates shall directly or indirectly obligate the Town to make any payments beyond those budgeted and appropriated for the Town’s then current fiscal year. Section 9. Reasonableness of Rentals. The Council hereby determines and declares that the Base Rentals do not exceed a reasonable amount so as to place the Town under an economic compulsion to renew the Lease or to exercise its option to purchase the Property pursuant to the Lease. The Council hereby determines and declares that the period during which the Town has an option to purchase the Property (i.e., the entire maximum term of the Lease) does not exceed the remaining useful life of the Property. Section 10. No Recourse against Officers and Agents. Pursuant to Section 11- 57-209 of the Supplemental Act, if a member of the Council, or any officer or agent of the Town acts in good faith, no civil recourse shall be available against such member, officer, or agent for payment of the principal, interest or prior redemption premiums on the Certificates. Such recourse September 7, 2021 - Page 67 of 262 5 shall not be available either directly or indirectly through the Council or the Town, or otherwise, whether by virtue of any constitution, statute, rule of law, enforcement of penalty, or otherwise. By the acceptance of the Certificates and as a part of the consideration of their sale or purchase, any person purchasing or selling such certificate specifically waives any such recourse. Section 11. Charter Controls. Pursuant to Article XX of the State Constitution and the Charter, all State statutes that might otherwise apply in connection with the provisions of this ordinance are hereby superseded to the extent of any inconsistencies or conflicts between the provisions of this ordinance and the Sale Certificate authorized hereby and such statutes. Any such inconsistency or conflict is intended by the Council and shall be deemed made pursuant to the authority of Article XX of the State Constitution and the Charter. Section 12. Repealer. All bylaws, orders, resolutions and ordinances of the Town, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any other such bylaw, order, resolution or ordinance of the Town, or part thereof, heretofore repealed. Section 13. Severability. If any section, subsection, paragraph, clause, or other provision of this ordinance for any reason is held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause, or other provision shall not affect any of the remaining provisions of this ordinance, the intent being that the same are severable. Section 14. Effective Date, Recording and Authentication. A true copy of this ordinance shall be numbered and recorded in the official records of the Town, authenticated by the signatures of the Mayor and the Town Clerk, and published in accordance with the Charter and the Town’s municipal code. In accordance with Section 4.9 of the Charter, this ordinance shall be in full force and effect five days after final publication. INTRODUCED, READ BY TITLE, APPROVED ON FIRST READING AND ORDERED TO BE PUBLISHED IN FULL WITH NOTICE OF PUBLIC HEARING THIS 7TH DAY OF SEPTEMBER, 2021. A copy of this ordinance is available for inspection in the office of the Town Clerk. ATTEST: TOWN OF VAIL, COLORADO _______________________________ ___________________________________ Tammy Nagel, Town Clerk Dave Chapin, Mayor (SEAL) September 7, 2021 - Page 68 of 262 6 INTRODUCED A SECOND TIME, READ BY TITLE, APPROVED ON SECOND READING FOLLOWING A PUBLIC HEARING, AND ORDERED TO BE PUBLISHED BY TITLE THIS 21ST DAY OF SEPTEMBER, 2021. A copy of this ordinance is available for inspection in the office of the Town Clerk. ATTEST: TOWN OF VAIL, COLORADO _______________________________ ___________________________________ Tammy Nagel, Town Clerk Dave Chapin, Mayor (SEAL) September 7, 2021 - Page 69 of 262 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. 19, Series of 2021, First Reading, an Ordinance A mending Title 7 of the Vail Town Code to P ermit the Town to Designate Dismount Z ones P RE S E NT E R(S ): Ryan Kenney, Vail P olice Commander AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny Ordinance 19, Series 2021. B AC K G RO UND: Town Council directed staff to look for solutions to the pedestrian/biker interactions occurring in the Village and L ionshead. S taff research has shown dismount zones may ease the congestion in certain areas and improve safety. Ordinance No.19, S eries 2021 will give authority to establish bicycle dismount zones and enforce violations. S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny Ordinance 19, S eries 2021. AT TAC H ME N TS: Description Ordinance 19, Series 2021 public input September 7, 2021 - Page 70 of 262 9/2/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\DISMOUNT ZONES-O082521.DOCX ORDINANCE NO. 19 SERIES 2021 AN ORDINANCE AMENDING TITLE 7 OF THE VAIL TOWN CODE TO PERMIT THE TOWN TO DESIGNATE DISMOUNT ZONES WHEREAS, to prevent collisions with pedestrians, the Town has determined that Title 7 of the Vail Town Code should be amended to permit the Town to create dismount zones for bicycles and other vehicles in certain areas of the Town. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-4-1 of the Vail Town Code is hereby amended by the addition of the following definitions: LIGHTWEIGHT ELECTRIC VEHICLE: Any device capable of moving itself, or of being moved, from place to place upon a wheel or wheels that is powered by a battery and weighing less than fifty (50) pounds, including without limitation an electric scooter, an electric skateboard, an electric unicycle, and a self-balancing single-wheel electric personal transport board. NON-MOTORIZED VEHICLE: Any wheeled vehicle used for transporting a person, other than a bicycle or electric assisted bicycle, which is not propelled by a motor or engine, including without limitation roller skates, skateboards, and roller skis. Section 2. Chapter 2B of Title 7 of the Vail Town Code is hereby amended by the addition of a new Section 7-2B-6, to read as follows: 7-2B-6: DISMOUNT ZONES: A. It is unlawful for any person to drive, ride or operate a bicycle, electric assisted bicycle, lightweight electric vehicle, or non-motorized vehicle in any area posted as a dismount zone by a traffic control sign. B. Violations of this Section shall be subject to the following penalties: First offense: $50.00 Second offense: $75.00 Subsequent offenses: Penalties set forth in Section 1-4-1 of this Code. Section 3. If any part, section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses, or phrases be declared invalid. September 7, 2021 - Page 71 of 262 2 9/2/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\DISMOUNT ZONES-O082521.DOCX Section 4. The amendment of any provision of the Vail Town Code in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repeal shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of September, 2021 and a public hearing for second reading of this Ordinance is set for the ____ day of ____________, 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 ____ day of ________________, 2021. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk September 7, 2021 - Page 72 of 262 September 7, 2021 - Page 73 of 262 September 7, 2021 - Page 74 of 262 September 7, 2021 - Page 75 of 262 September 7, 2021 - Page 76 of 262 September 7, 2021 - Page 77 of 262 September 7, 2021 - Page 78 of 262 September 7, 2021 - Page 79 of 262 September 7, 2021 - Page 80 of 262 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Designated dismount zone Date:Tuesday, September 7, 2021 5:07:06 PM Tammy Nagel Town Clerk’s Office Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com -----Original Message----- From: Alyn Park <alynspark@mac.com> Sent: Tuesday, September 7, 2021 4:38 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Designated dismount zone My husband and I are in full support of the designated dismount zone ordinance. We are owners of a Wall Street condo in the village and for years have observed the “close calls’” and collisions in the village. Certainly the young children on bikes do not have the spatial judgement to avoid pedestrians or vice/versa. Nor do the speedy adolescent/adults…. though they might disagree. An aside….On June 10, I had an altercation with a scooter in Denver where there are no rules and loads of amateurs and loads of scooters everywhere . It resulted in a broken femur on my part, emergency surgery, and subsequent serious complications. Happened to be Denver, but could have been Vail. The dismount ordinance only makes sense to avoid similar events. Not that much to ask . Enforcing….. a challenge…. but a good one. Thank you for our consideration on this issue. Sent from the iPad of Alyn Park September 7, 2021 - Page 81 of 262 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Dismount zone Date:Tuesday, September 7, 2021 5:14:10 PM Tammy Nagel Town Clerk’s Office Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com -----Original Message----- From: ronsege@gmail.com <ronsege@gmail.com> Sent: Tuesday, September 7, 2021 4:01 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Dismount zone Having almost been hit a couple of times on busy weekends downtown I am wondering what could be the argument *against* dismount zones? The are infinite place to ride in the Valley “mounted”. I do think the idea of “repeat offenders is, as a practical matter, a waste of time. I would expect to hear “gee I left my ID at home/in my hotel, etc as a refrain, especially on strike 2. Just picks fine and stick to it. Ron Sege 2665 Bald Mountain Rd Sent from my iPhone September 7, 2021 - Page 82 of 262 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 - S econd reading An Ordinance A pproving A mendments 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 second 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 second 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 September 7, 2021 - Page 83 of 262 TO: Town Council FROM: Community Development Department DATE: September 7, 2021 SUBJECT: Second 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). On August 17, 2021 the Town Council held a public hearing on Ordinance No. 16, Series of 2021 and pass the ordinance on first reading. 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. September 7, 2021 - Page 84 of 262 Town of Vail Page 2 II. ACTION REQUESTED OF TOWN COUNCIL The Vail Town Council shall approve, approve with m odifications, or deny Ordinance No. 16, Series of 2021, upon second 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. Included with this memorandum are the following for review by the Town Council: 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 IV. 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. September 7, 2021 - Page 85 of 262 Town of Vail Page 3 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. 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. On August 17, 2021, Town Council passed Ordinance No. 16 on first reading. V. 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 September 7, 2021 - Page 86 of 262 Town of Vail Page 4 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 sensitive to natural features, vegetation and overall aesthetic quality of the community. September 7, 2021 - Page 87 of 262 Town of Vail Page 5 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 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. September 7, 2021 - Page 88 of 262 Town of Vail Page 6 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. Vl. RECOMMENDED MOTION Should the Vail Town Council choose to approve, with conditions, Ordinance No. 16, Series of 2021, upon second reading, the Planning and Environmental Commission recommends the Council pass the following motion: “The Vail Town Council approves, with conditions, on second 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 befo re 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. September 7, 2021 - Page 89 of 262 Town of Vail Page 7 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. 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. 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.” Vll. ATTACHMENTS September 7, 2021 - Page 90 of 262 Town of Vail Page 8 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 September 7, 2021 - Page 91 of 262 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, 2021September 7, 2021 - Page 92 of 262 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 September 7, 2021 - Page 93 of 262 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 September 7, 2021 - Page 94 of 262 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 September 7, 2021 - Page 95 of 262 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 HousingSeptember 7, 2021 - Page 96 of 262 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 September 7, 2021 - Page 97 of 262 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 September 7, 2021 - Page 98 of 262 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 September 7, 2021 - Page 99 of 262 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 September 7, 2021 - Page 100 of 262 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 September 7, 2021 - Page 101 of 262 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 September 7, 2021 - Page 102 of 262 *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 September 7, 2021 - Page 103 of 262 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 September 7, 2021 - Page 104 of 262 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 September 7, 2021 - Page 105 of 262 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 September 7, 2021 - Page 106 of 262 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 September 7, 2021 - Page 107 of 262 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 September 7, 2021 - Page 108 of 262 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 September 7, 2021 - Page 109 of 262 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 September 7, 2021 - Page 110 of 262 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 September 7, 2021 - Page 111 of 262 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 September 7, 2021 - Page 112 of 262 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. DESCRIPTIONSeptember 7, 2021 - Page 113 of 262 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. DESCRIPTIONSeptember 7, 2021 - Page 114 of 262 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. DESCRIPTIONSeptember 7, 2021 - Page 115 of 262 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. DESCRIPTIONSeptember 7, 2021 - Page 116 of 262 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. DESCRIPTIONSeptember 7, 2021 - Page 117 of 262 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. DESCRIPTIONSeptember 7, 2021 - Page 118 of 262 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. DESCRIPTIONSeptember 7, 2021 - Page 119 of 262 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. DESCRIPTIONSeptember 7, 2021 - Page 120 of 262 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. DESCRIPTIONSeptember 7, 2021 - Page 121 of 262 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. DESCRIPTIONSeptember 7, 2021 - Page 122 of 262 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. DESCRIPTIONSeptember 7, 2021 - Page 123 of 262 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. DESCRIPTIONSeptember 7, 2021 - Page 124 of 262 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. DESCRIPTIONSeptember 7, 2021 - Page 125 of 262 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. DESCRIPTIONSeptember 7, 2021 - Page 126 of 262 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. DESCRIPTIONSeptember 7, 2021 - Page 127 of 262 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 2September 7, 2021 - Page 128 of 262 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 2September 7, 2021 - Page 129 of 262 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 2September 7, 2021 - Page 130 of 262 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 2September 7, 2021 - Page 131 of 262 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 2September 7, 2021 - Page 132 of 262 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 2September 7, 2021 - Page 133 of 262 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 2September 7, 2021 - Page 134 of 262 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 2September 7, 2021 - Page 135 of 262 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 2September 7, 2021 - Page 136 of 262 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. DESCRIPTIONSeptember 7, 2021 - Page 137 of 262 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. DESCRIPTIONSeptember 7, 2021 - Page 138 of 262 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. DESCRIPTIONSeptember 7, 2021 - Page 139 of 262 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. DESCRIPTIONSeptember 7, 2021 - Page 140 of 262 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. DESCRIPTIONSeptember 7, 2021 - Page 141 of 262 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 2September 7, 2021 - Page 142 of 262 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 2September 7, 2021 - Page 143 of 262 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 2September 7, 2021 - Page 144 of 262 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 2September 7, 2021 - Page 145 of 262 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 2September 7, 2021 - Page 146 of 262 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 2September 7, 2021 - Page 147 of 262 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 2September 7, 2021 - Page 148 of 262 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 2September 7, 2021 - Page 149 of 262 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 2September 7, 2021 - Page 150 of 262 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 2September 7, 2021 - Page 151 of 262 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 2September 7, 2021 - Page 152 of 262 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 2September 7, 2021 - Page 153 of 262 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 2September 7, 2021 - Page 154 of 262 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 2September 7, 2021 - Page 155 of 262 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 2September 7, 2021 - Page 156 of 262 September 7, 2021 - Page 157 of 262 September 7, 2021 - Page 158 of 262 September 7, 2021 - Page 159 of 262 September 7, 2021 - Page 160 of 262 September 7, 2021 - Page 161 of 262 September 7, 2021 - Page 162 of 262 September 7, 2021 - Page 163 of 262 September 7, 2021 - Page 164 of 262 September 7, 2021 - Page 165 of 262 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 September 7, 2021 - Page 166 of 262 September 7, 2021 - Page 167 of 262 September 7, 2021 - Page 168 of 262 September 7, 2021 - Page 169 of 262 September 7, 2021 - Page 170 of 262 September 7, 2021 - Page 171 of 262 September 7, 2021 - Page 172 of 262 September 7, 2021 - Page 173 of 262 September 7, 2021 - Page 174 of 262 September 7, 2021 - Page 175 of 262 September 7, 2021 - Page 176 of 262 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 September 7, 2021 - Page 177 of 262 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 September 7, 2021 - Page 178 of 262 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 September 7, 2021 - Page 179 of 262 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 September 7, 2021 - Page 180 of 262 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. September 7, 2021 - Page 181 of 262 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 September 7, 2021 - Page 182 of 262 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 September 7, 2021 - Page 183 of 262 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 September 7, 2021 - Page 184 of 262 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. September 7, 2021 - Page 185 of 262 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 September 7, 2021 - Page 186 of 262 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 September 7, 2021 - Page 187 of 262 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 September 7, 2021 - Page 188 of 262 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: September 7, 2021 - Page 189 of 262 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: September 7, 2021 - Page 190 of 262 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 September 7, 2021 - Page 191 of 262 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. September 7, 2021 - Page 192 of 262 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 September 7, 2021 - Page 193 of 262 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 September 7, 2021 - Page 194 of 262 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. September 7, 2021 - Page 195 of 262 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. September 7, 2021 - Page 196 of 262 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. September 7, 2021 - Page 197 of 262 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. September 7, 2021 - Page 198 of 262 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. September 7, 2021 - Page 199 of 262 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 September 7, 2021 - Page 200 of 262 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. September 7, 2021 - Page 201 of 262 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: September 7, 2021 - Page 202 of 262 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: September 7, 2021 - Page 203 of 262 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 September 7, 2021 - Page 204 of 262 1 8/30/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\HIGHLINE HOTEL\PEC21-0018 SDD AMENDMENT - PHASING\TC DOCS\ORDINANCE NO. 16-FOR SECOND READING.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. September 7, 2021 - Page 205 of 262 2 8/30/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\HIGHLINE HOTEL\PEC21-0018 SDD AMENDMENT - PHASING\TC DOCS\ORDINANCE NO. 16-FOR SECOND READING.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. 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 A1.04 – Roof Plan Historic Grade A1.05 – Roof Plan Finished Grade September 7, 2021 - Page 206 of 262 3 8/30/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\HIGHLINE HOTEL\PEC21-0018 SDD AMENDMENT - PHASING\TC DOCS\ORDINANCE NO. 16-FOR SECOND READING.DOCX 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 C5.0 – Fire Turning Simulation C6.0 – Erosion Control Plan September 7, 2021 - Page 207 of 262 4 8/30/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\HIGHLINE HOTEL\PEC21-0018 SDD AMENDMENT - PHASING\TC DOCS\ORDINANCE NO. 16-FOR SECOND READING.DOCX 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%. 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). September 7, 2021 - Page 208 of 262 5 8/30/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\HIGHLINE HOTEL\PEC21-0018 SDD AMENDMENT - PHASING\TC DOCS\ORDINANCE NO. 16-FOR SECOND READING.DOCX 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, 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 September 7, 2021 - Page 209 of 262 6 8/30/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\HIGHLINE HOTEL\PEC21-0018 SDD AMENDMENT - PHASING\TC DOCS\ORDINANCE NO. 16-FOR SECOND READING.DOCX 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 September 7, 2021 - Page 210 of 262 7 8/30/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\HIGHLINE HOTEL\PEC21-0018 SDD AMENDMENT - PHASING\TC DOCS\ORDINANCE NO. 16-FOR SECOND READING.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of September, 2021. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk September 7, 2021 - Page 211 of 262 8 8/30/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\HIGHLINE HOTEL\PEC21-0018 SDD AMENDMENT - PHASING\TC DOCS\ORDINANCE NO. 16-FOR SECOND READING.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 September 7, 2021 - Page 212 of 262 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, S econd reading - A n 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 second 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 second 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 September 7, 2021 - Page 213 of 262 TO: Town Council FROM: Community Development Department DATE: September 7, 2021 SUBJECT: Second 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 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. 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). On August 17, 2021 the Town Council held a public hearing on Ordinance No. 17, Series of 2021 and pass the ordinance on first reading. Please find the staff memorandum to the PEC as Attachment D, and the minutes from the July 26 meeting (Attachment C) attached to this report. September 7, 2021 - Page 214 of 262 Town of Vail Page 2 II. ACTION REQUESTED OF TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 17, Series of 2021, upon second reading. III. DESCRIPTION OF REQUEST The applicant is requesting a zone boundary amendment to rezone their property, 303 Gore Creek Drive, which is composed of Vail Village Filing 1 Block 5 Lots 1-6, from High Density Multiple-Family (HDMF) to Vail Village Townhouse (VVT). 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 IV. 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 district. September 7, 2021 - Page 215 of 262 Town of Vail Page 3 On August 17, 2021, Town Council approved Ordinance No. 17 on first reading. V. 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.” Staff finds that the proposed zone district amendment conforms to this criterion. September 7, 2021 - Page 216 of 262 Town of Vail Page 4 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. September 7, 2021 - Page 217 of 262 Town of Vail Page 5 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. Vl. RECOMMENDED MOTION Should the Town Council choose to approve Ordinance No. 17, Series of 2021, upon second reading, the Planning and Environmental Commission recommends the Council pass the following motion: “The Vail Town Council approves, on second 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 Vail Town Council choose to approve Ordinance No. 17, Series of 2021, the Planning and Environmental Commission recommends the Council makes the following findings: September 7, 2021 - Page 218 of 262 Town of Vail Page 6 “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 Vail Town Council 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.” Vll. 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 September 7, 2021 - Page 219 of 262 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, 2021September 7, 2021 - Page 220 of 262 VailTownhouseCondominiums Submitted to the Town of Vail: June 25, 2021 Rezoning from HDMF to VVT September 7, 2021 - Page 221 of 262 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 September 7, 2021 - Page 222 of 262 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 September 7, 2021 - Page 223 of 262 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. September 7, 2021 - Page 224 of 262 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 September 7, 2021 - Page 225 of 262 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 September 7, 2021 - Page 226 of 262 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 September 7, 2021 - Page 227 of 262 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 September 7, 2021 - Page 228 of 262 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. September 7, 2021 - Page 229 of 262 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. September 7, 2021 - Page 230 of 262 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 September 7, 2021 - Page 231 of 262 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 September 7, 2021 - Page 232 of 262 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 September 7, 2021 - Page 233 of 262 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. September 7, 2021 - Page 234 of 262 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 September 7, 2021 - Page 235 of 262 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 September 7, 2021 - Page 236 of 262 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 September 7, 2021 - Page 237 of 262 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 September 7, 2021 - Page 238 of 262 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 September 7, 2021 - Page 239 of 262 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. September 7, 2021 - Page 240 of 262 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 September 7, 2021 - Page 241 of 262 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 September 7, 2021 - Page 242 of 262 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 September 7, 2021 - Page 243 of 262 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. September 7, 2021 - Page 244 of 262 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 September 7, 2021 - Page 245 of 262 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 September 7, 2021 - Page 246 of 262 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: September 7, 2021 - Page 247 of 262 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. September 7, 2021 - Page 248 of 262 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 September 7, 2021 - Page 249 of 262 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 September 7, 2021 - Page 250 of 262 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 September 7, 2021 - Page 251 of 262 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) September 7, 2021 - Page 252 of 262 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 September 7, 2021 - Page 253 of 262 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) September 7, 2021 - Page 254 of 262 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.” September 7, 2021 - Page 255 of 262 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. September 7, 2021 - Page 256 of 262 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 September 7, 2021 - Page 257 of 262 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 September 7, 2021 - Page 258 of 262 - 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). September 7, 2021 - Page 259 of 262 - 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 September 7, 2021 - Page 260 of 262 - 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 September 7, 2021 - Page 261 of 262 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: Adjournment 7:10 pm (estimate) September 7, 2021 - Page 262 of 262