Loading...
HomeMy WebLinkAbout2023-11-21 Agenda and Supporting Documentation for Town Council Afternoon Meeting Agenda1.Call to Order 2.DRB / PEC (5 min.) 2.1 DRB/PEC Update 3.Information Update 3.1 October 2, 2023 AIPP Meeting Minutes 3.2 October 24, 2023 VLHA Meeting Minutes 4.Matters from Mayor, Council and Committee Reports (10 min.) 5.Executive Session (90 min.) Executive Session pursuant to: 1. C.R.S. §24-6-402(4)(a) to consider the purchase, acquisition, lease, transfer or sale of any real, personal or other property interest and C.R.S. §24-6-402(4)(e) to determine positions relative to matters that may be subject to negotiations, develop a strategy for negotiations and instruct negotiators and on the topics of: 1. Timber Ridge Leasing and 2. West Middle Creek Development Agreement; 2. C.R.S. §24-6-402(4)(b)-to hold a conference with the Town Attorney, to receive legal advice on specific legal questions and C.R.S. §24-6-402(4)(e) to determine positions relative to matters that may be subject to negotiations, develop a strategy for negotiations and instruct negotiators and on the topics of Town of: 1. Town of Vail v. TIGA Advertising, INC and Gregory Moffet, Case number 21CV30034 and TIGA Advertising, INC, Chapter 11 Bankruptcy, Case Number 23-10553MER; and 2. Town of Vail v. The Vail Corporation, et al., case number 2022CV30193; 3. C.R.S. § 24-6-402(4)(f) for purposes of discussion of a personnel matter not involving any specific employees who have requested discussion of the matter in open session, any VAIL TOWN COUNCIL MEETING Afternoon Session Agenda Town Council Chambers and virtually via Zoom https://vail.zoom.us/webinar/register/WN_u85650mCQGuS2u2U32rH_w 3:00 PM, November 21, 2023 Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. PEC Results 11-13-23.pdf DRB Results 11-15-23.pdf DRB Results 11-1-23.pdf October 2, 2023 - Minutes.docx 2023-10-24 Minutes.pdf 1 member of this body or any elected official, the appointment of any person to fill an office of this body or of an elected official, or personnel policies that do not require the discussion of matters personal to particular employees, pursuant to C.R.S. § 24-6-402(4)(f), concerning a performance evaluation of the Town Manager and the Municipal Judge; and 4.C.R.S. §24-6-402(4)(b) - to hold a conference with the Town Attorney, to receive legal advice on specific legal questions on the topic of Colorado Motor Carriers Association v. Town of Vail and Police Chief Ryan Kenney, Civil Action No. 23-cv-02752-CNS-STV. 6.Recess 4:45pm (estimated) Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media website the week following meeting day, www.highfivemedia.org. Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711. 2 AGENDA ITEM NO. 2.1 Item Cover Page DATE:November 21, 2023 SUBMITTED BY:Jamie Leaman-Miller, Community Development ITEM TYPE:DRB/PEC Update AGENDA SECTION:DRB / PEC (5 min.) SUBJECT:DRB/PEC Update SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: PEC Results 11-13-23.pdf DRB Results 11-15-23.pdf DRB Results 11-1-23.pdf 3 Present: Absent: Robyn Smith Brad Hagedorn Reid Phillips John Rediker Henry Pratt Bill Jensen Bobby Lipnick 1.Virtual Link Register to attend the Planning and Environmental Commission meeting. Once registered, you will receive a confirmation email containing information about joining this webinar. 2.Call to Order 3.Main Agenda Planner: Greg Roy Applicant Name: Andrew Atkins, representing Constanza Briones 3.1 An appeal, pursuant to Section 12-3-3, Appeals, Vail Town code, of an interpretation by the Administrator of the Community Development Department concerning Section 12-2-2, Definitions, Vail Town Code, regarding the determination of “first floor or street level” for the property located at 302 Hanson Ranch Road, Suite 110/Lot 1, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. (TC23-0003) Hagedorn recused. Planner Roy gives a presentation, touching on many points from the staff memo. Rediker asks some questions about the street orientation. Phillips clarifies there is a walkway access path, but no vehicular way at the entrance to the unit. Prat asks if there is ski storage in 108B? Roy believes that is accurate. Pratt asks about the ruling of the PEC in 1994. Roy goes through the minutes from 1994. He says we’re interpreting the definitions in the code. Rediker asks about the procedural criteria for appeals. Does the PEC review it de novo? Roy states yes, according to the code, the PEC reviews it de novo for appeals. Planning and Environmental Commission Minutes Monday, November 13, 2023 1:00 PM Vail Town Council Chambers TC23-0003 Appeal Staff Memo.pdf Attachment A. Administrators Interpretation Letter 9-20-2023.pdf Attachment B. Appeal Application 10-3-2023.pdf Attachment C. PEC Results (in part) 12-19-1993.pdf 1 Planning and Environmental Commission Meeting Minutes of November 13, 2023 4 Smith asks about the relevance of the historical 1986 CUP permit. The bank required a conditional use permit because it was on the ground floor. If it was on the basement floor, it would not have required a conditional use permit, because banking is a permitted use. Roy confirms. The applicants are Constanza Briones and Juan Pablo Arancibia. Both talk about their history in Vail and both are small business owners. They are asking to have the same consideration given to the neighboring unit. Andrew Atkins, legal counsel for the applicants, gives a presentation. He talks about the history of the application in 1994, the appeal to the PEC was successful. Today, it is the position of the Town of Vail that the adjacent unit is basement or garden level. The code can provide some amount of discretion where appropriate for decision-makers. There is no window or entrance to Hanson Ranch Road, the walkway is a public pedestrian thoroughfare, everything else is a common element. He walks through the relevant code definitions. Atkins walks through the elements from the definition including site topography, building entrances, adjacent vehicular or pedestrian ways, interior building layout. He addresses the relationship to other floors in the structure. He talks about the 1994 appeal. Rediker asks what language in the code is most pertinent to the appellants. Atkins says the sections include the provision with the factors that may be considered. Ted Kindel Park is not a pedestrian way. Rediker asks if the determination that it is a pedestrian pathway is critical to that determination. Rediker and Atkins discuss the code definitions. Rediker asks staff about the pedestrian way. Roy says it’s an important part of the consideration, and references the 1st floor definition. Rediker asks about the 1994 PEC decision. Are these the same code definitions that were considered in 1994? Atkins confirms. Phillips and Roy discuss the entrances and stairways. Phillips distinguishes between the vehicular way and pedestrian way. Roy says they’re all subject, one key part is that the pedestrian entrance is done at a grade level that is consistent throughout the courtyard. Atkins says we don’t know everything that was considered in the 1994 meeting. The transcript is concise and maybe doesn’t tell the whole story. We do know the outcome of the decision; the appeal was upheld. Rediker asks how the HOA classifies the different levels of the building. Atkins says there are shop units and residential units. This is unit 110, Vail Realty is 200 something. Architect maybe was assigning numbers. First floor on Gore Creek is the basement to Vail Realty. The owner of the HOA is in support of the appeal. Rediker talks about the conditional use permit (CUP) for the bank, the previous tenant. Have the applicants reviewed this document? At that time in 1986, this document states that a CUP was needed per the first floor determination. Atkins says they could have asked for an appeal at the time. Instead, they asked for a conditional use. 2 Planning and Environmental Commission Meeting Minutes of November 13, 2023 5 We don’t have that luxury as ski storage is not a conditional use on the first floor. Jensen asks about Mill Creek Sports. Is there any retail operation there or was there in 1995? Roy says he can’t speak to what was there in 1995. Jensen says the letters seem to speak to a retail space and ski storage. Phillips confirms they have retail in Mill Creek Sports today. Phillips asks if there is any retail component to this space? Arancibia says there will be accessories as well as storage. Atkins adds this is a smaller space then Mill Creek Sports so it would be difficult to have a split space. Rediker asks for public comment. Candice Wilhelmsen has been a local since 1985 and her family owns Axel’s. She has known the applicant, Costanza, a long time and speaks to the character of the applicant. Ahmad Akkad has been in the valley and owned businesses since 1998. He doesn’t see this space being viable for any other purpose other than lockers. It is a perfect use for that space. Samten Aungae knows the applicant as a great person doing business in the valley. Brooke Gagnon Is a local of the valley and is also a realtor. She says the applicants have made a strong case and she is in support. Wendell Porterfield represents the owner of the building. They agree with Ahmad, and the owner believes this is the best use for this particular piece of property. Rediker closes public comment and asks for commissioner comment. Smith says it’s their charge to apply the code as written not as we would like it to be, concurs with staff. In 1986, unit 110 was first floor as evidenced by the CUP permit. The drafters at that time believed it was street level. Pratt finds himself in the same pickle as 1994. The number of people using a pedestrian way is not a determinant and the size of the space is not a factor. Public policy is not in our purview, and we do have a decision from 1994 to allow ski storage in the space next door. The one in 1986 was opposite. There is a pedestrian way here, the question is are the steps to get down there a factor. There is a first-floor zoned space directly above this, so it counts as a basement space. Phillips says the code is not perfect. This one is conflicted at best. Agrees with Pratt that the 1994 decision was made in the best interest, not a viable location for first floor. No retail store would survive down there. Concurs with the 1994 decision. Jensen can see why 1994 was a long discussion, but it set a precedent that he is comfortable with. This space qualifies for this use, supports overturning. Rediker says everyone realizes this is a difficult decision. The 1986 decision is persuasive authority here, but he is less inclined that 1994 is the authority. He agrees we don’t have a lot of record to go on, the references to public policy are something he doesn’t think is appropriate, and it should have been made more based upon code. Looking at the code there is a lot of ambiguity, room for interpretation. Code calls out that portions of a floor may be defined as either – mirrored in both definitions. The space in question is adjacent to a pedestrian way and then parkland. On the other hand, the way this building is configured, this space is underground. 3 Planning and Environmental Commission Meeting Minutes of November 13, 2023 6 Pratt adds that town zoning is based on horizontal zoning which is why we have this whole problem. A garden level is a level that is buried on one side and open in the back. I don’t know that you can have two street levels stacked on top of each other. (Hagedorn recused) 4.Approval of Minutes 4.1 PEC Results 10-23-23 5.Information Update 5.1 Environmental Update - Exterior Energy Offset Program Cameron Millard, Energy Efficiency Coordinator, gives a presentation. August Hasz from Resource Engineering speaks. He has consulted on several similar programs in the area over many years. He talks about the process and considerations for the calculations. Smith asks about the fee calculation and a tiered system. Hasz says the energy consumed is linear, however a tiered system can be incorporated. Millard says the calculator can be provided. We’re trying to have consistency with the rest of Eagle County. Jensen comments on the phrasing for the 50% offset. He worries local residents who have struggled to own a home may struggle with this. He views it as a separate issue for the second homeowner with a luxury home but does not want to force people to leave the community because of this. Hasz says it’s an option to put in an exemption of some amount. Jensen is concerned about being penalized for replacing a boiler when it will be higher efficiency. Phillips says there was significant thought put into the practicality of this. He understands the goals that have been advanced by Council, but we’re trying to look at the practical application for our citizens. Phillips looked at the Town’s snowmelt system, that probably accounts for somewhere in the neighborhood of 70 to 80 homes in Vail. It is condescending to put forth these goals with monetary penalties when the Town is one of the most egregious users. With all these hurdles and taxes are we going to make it more difficult for people to live here. Smith suggests looking at 12 acres of Town snowmelt system in the calculator. Millard addresses the effectiveness of the REMP program. Smith and Millard discuss the effectiveness ratio. Reid Phillips made a motion to overturn the determination of the administrator, with the findings on page 6 of the staff memo ; Bill Jensen seconded the motion (4 - 1). Voting For: Bill Jensen, Henry Pratt, Reid Phillips, John Rediker Voting Against: Robyn Smith PEC Results 10-23-23.pdf Robyn Smith made a motion to Approve ; Bill Jensen seconded the motion Passed (6 - 0). PEC EEOP Memo 11.13.pdf Attachment A - Remp-review-2010-2014-final.pdf 4 Planning and Environmental Commission Meeting Minutes of November 13, 2023 7 Hagedorn and Millard discuss rebates. Millard says we have to do what we can. They discuss on site mitigation. Millard continues his presentation and talks about equity. The people suffering the consequences of climate change are not typically the big energy users. This is trying to rebalance the proportion of harm and consequences regarding climate. Jensen appreciates the equity component. Millard says all our peer communities have acted on this. Hasz says it doesn’t have to be 1:1. It doesn’t always have to be renewable energy, maybe dollars can be used in other ways like retrofits. Many peer communities have had these types of programs in place for a long time, there has been a lot of good thought put into these programs. Smith says the math makes sense, but these other communities did a ton of groundwork to build consensus. We’re asking these questions not to cut down the program but to strengthen it because it will get a lot of scrutiny. Pratt and Smith discuss Aspen’s experience with this program. Millard talks about potential alternative actions and next steps. Monitoring gas use is not allowed, tiered systems are not feasible to setup or enforce. Smith asks about the guiding plans. Jensen says this is an ambitious approach, he is supportive but how do we explain this to our community. A lot of people may see it as a money grab. Millard talks about electrification considerations. Hagedorn wonders if they care about the expense or the climate impact. Isn’t this a challenge that Holy Cross will have to tackle regardless of how this program is structured? Phillips talks about the switchover to electrical. Is the clean grid based on current usage or planned upgrades. Geothermal has not yet been shown to be effective in mountain communities. Phillips wants something that is realistic and practical for implementation. Collecting money isn’t necessarily the worst thing for people that still want big snowmelt, but a tiered system of sorts could be good. There are other ways we can do this; it will be a multi-faceted program. If someone replaces their system and invests in a more efficient system, we should not penalize them for that. We need to incentivize renewable better than we are. Appreciates how ambitious this program is, as Council sets aggressive goals and looks to other boards on implementation. We must justify it in some sense to make it feasible for people to participate. Rediker says we can’t do anything about what India and China are doing in regards to climate change, but we can set an example. Millard says we don’t want to discourage people from becoming more efficient, but we must think about going forward. If we don’t have this policy in place, there will be nothing to prevent these practices going forward. This will also put pressure on the Town itself. Without this program there is nothing to keep this expansion from continuing, it is about setting an appropriate limit. Pratt says the tax system could apply in like for like but not a 92% efficient system. Rediker says he understand the argument, but people have an inefficient system and are making a decision to continue an inefficient system in the case of like for like. 5 Planning and Environmental Commission Meeting Minutes of November 13, 2023 8 Phillips clarifies that we don’t want to scrap this. We’re working on improving the program, how do we package this, so it is palatable. We also want to make sure people trying to do the right thing are incentivized to do that. Rediker says there are some pretty divergent opinions. All this outdoor use of energy is unnecessary. He raises some discussion points for commissioners. The ultra wealthy people won’t change their behavior, they will pay the fee. But we’re also concerned how this will impact local residents. The consensus is something needs to be done and we’re working on the details. Millard says the 50% rate is somewhere where that can be adjusted. Smith clarifies that some driveways are required to be heated above a certain grade. We’re asking people to snowmelt and then applying a fee. Roy says a new driveway could be designed to have a lesser degree of slope. Hagedorn says a 12% is pretty steep, in Eagle County it is 10% maximum. Pratt says nobody wants to build more driveway than necessary. On the one hand we’re asking people to snowmelt, and then applying a fee. Smith asks about steep driveway exemption. Pratt says if we implement this program are there enough properties in Vail that would qualify to get you to that goal of emission reduction? Millard says it will be a part of the solution. Jensen supports the 50% by 2030, but that is an ambitious goal. What is the low hanging fruit or benchmarks along the way? It will be a collective effort between a lot of approaches. He talks about the ERWSD tiered approach, and how that can change behavior. We want to achieve this goal, but we are getting distracted by the heated driveways. Kristen Bertuglia is the Environmental Sustainability Director. She adds that this is one small piece of all the efforts working into the climate goals. By next year, Holy Cross will be close to 100% renewable. We’re trying to pick up the pieces with the rest of it. This is an outsize impact with the snowmelt, it is a big impact. Thank you for working through all the details with great care. Smith says the message it’s sending is you can continue the behavior and we will greenwash it for a price. She asks about the anticipated staff time to process this. Millard says he will look into that. Smith asks if the applicant can see the numbers. Millard confirms. He says it’s important to talk about how the funds can be used. We are responsible for ensuring this program produces an actual environmental impact. Millard walks through the specific uses for the fees. Pratt says the funds should all go into mitigation, agrees with Smith. Smith says we don’t want to create a dependency for programming or other things, because the goal of this money is that it would go away eventually when behavior changes. Smith brings up the issue of a cap. Rediker asks what that looks like in other communities. Millard says Pitkin County has done that; they are basically limiting the BTUs per square foot. He says this program is an important steppingstone to getting to caps. To go straight to a cap, would be on the aggressive end of the spectrum. 6 Planning and Environmental Commission Meeting Minutes of November 13, 2023 9 Phillips thinks it will have to be built in, the best vehicle for implementation is it’s part of the building code. He’s never understood why Vail hasn’t implemented a tax on snowmelt like the rest of Eagle County. That’s an important thing. Phillips and Millard discuss the snowmelt tax elsewhere in the county. Millard says that is eventually what this program is, the evolution of the fee. Phillips brings up the difference between commercial and residential usage. There could be reduced builder’s permit fees if you come in LEED certified. Rediker brings up the 50% number for discussion. Smith and Hagedorn in favor of more, others in favor of 50%. There is discussion on the figure for outdoor gas fireplaces. Millard says it’s good to stay within the agreed upon boundaries of this code cohort. Jensen says we're aligned with your goals, but we all want to see what the bigger picture is, and how we implement and share this with the community. Smith recommends tiering, a percentage offset based on total square footage size. Hagedorn agrees. It’s often spoken like these are inevitable systems, but they are not, a large system could be hit at 100%. It’s not a wealth tax, it’s a consumption tax. Rediker discusses driveway grade and snowmelt regulations in the code. Pratt brings up snow storage requirements, not all sites can handle 30% snow storage for unheated driveways. The commission discusses possible exemptions. Smith says there seems to be consensus that plug and play electric hot tubs would be exempt up to 64 square feet. Hagedorn says a concern with applying fees to replacement systems is you would drive a lot of replacements underground. In the ideal world we're capturing this, but the Town might never know the replacement happened and you captured nothing. Dealing with that may be more in lines of incentivizing efficiency, to do the best replacement they can. Millard says it’s built in, so the more efficient the system the lower the fee. Commission discusses the case of replacement systems. Jensen says if you’re improving the efficiency to some degree, maybe there is a smaller fee. That is language that could help the Town with their system. Smith says if we’re not exempting replacements, we’re signing the Town up for a large cost for their own system. Phillips says we all want to go for touchdowns, but first downs every year and chipping away is a good approach. It’s important to remember the benchmark of the existing code. The practicality of the fee might prevent people from needed upgrades to the efficiency. At some point we take the carbon offset more than the money, that is the argument for exempting the replacement. Hagedorn agrees, the concern is it’s not actually achieving what it’s meant to achieve. Millard references the Breckenridge experience. They had a lot of questions, but ultimately, they wanted to be part of the solution, it’s about taking action. 7 Planning and Environmental Commission Meeting Minutes of November 13, 2023 10 Jensen suggests a phased approach to fees. What we’re really trying to do is chip away at the 50%. Smith suggests the concept of exemptions for deed-restricted properties. One of the premises is that the benefits of the offset are being distributed to housing projects in some way. Millard says he can do research on that. Pratt says the biggest disincentive to EHUs is the high construction cost, anything to help out the EHU market is needed. The pro-formas don’t work right now. Hagedorn talks about on-site mitigation; it does seem like the money matters more than putting solar panels on a roof. Maybe it serves better to drive it towards the fees, which seems to be more impactful. Rediker asks for public comment. Jack Bergey is a Vail resident. The system upgrades are the biggest issue, they need to be incentivized not just waive the fees. Regarding the cost benefit analysis for on-site mitigation, we can’t make any decision until Holy Cross comes out with their new rates structure. How much fossil fuels are used if you outlaw outdoor energy, then you have a snowplow driving there instead. He talks about existing grade and snowmelt for existing properties. End of the discussion. Smith brings up the transcript and meeting minutes. This is 2023, we have the technology to have the video recording be the permanent record. There is discussion that the minutes are meant to encapsulate discussion and not be a direct transcript. Smith confirms you could make a CORA request for the recording of any meeting. Jonathan from Hive Five Media adds that as of earlier in 2023, all recordings will be available on Archive.com. 6.Adjournment Robyn Smith made a motion to Adjourn ; Henry Pratt seconded the motion Passed (6 - 0). 8 Planning and Environmental Commission Meeting Minutes of November 13, 2023 11 Present:Kathryn Middleton Rys Olsen Kit Austin Erin Iba Absent:Herbert Roth 1.Virtual Meeting Link Register to attend Design Review Board Meetings. Once registered, you will receive a confirmation email containing information about joining this webinar. 2.Call to Order 3.Main Agenda Final review of an exterior alteration (stone patio) Address/ Legal Description: 2893 Timber Creek Drive C15/Lodges at Timber Creek 2nd Supplement Planner: Jamie Leaman-Miller Applicant Name: Theresa Martin 3.1 DRB23-0233 - Martin Residence Final review of an exterior alteration (stone patio) Address/ Legal Description: 2893 Timber Creek Drive C17/Lodges at Timber Creek 4th Supplement Planner: Jamie Leaman-Miller Applicant Name: Susan Winders 3.2 DRB23-0234 - Winders Residence Final review of an exterior alteration (siding/trim/doors) Address/ Legal Description: 531 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1 Planner: Jamie Leaman-Miller Applicant Name: Capranea, represented by Heid Remodeling and Construction 3.3 DRB23-0388 - Capranea Design Review Board Minutes Wednesday, November 15, 2023 2:00 PM Vail Town Council Chambers DRB23-0233 Documents.pdf DRB23-0233 Plans.pdf Robbins Public Comment.pdf Erin Iba made a motion to Approve with the condition that the applicant shall complete the work of modifying the patio per the setbacks and planset, to be verified upon inspection prior to May 15, 2024; Kathryn Middleton seconded the motion Passed (4 - 0). DRB23-0234 Documents.pdf DRB23-0234 Plans.pdf Robbins Public Comment.pdf Erin Iba made a motion to Approve with the condition that the applicant shall complete the work of modifying the patio per the setbacks and planset, to be verified upon inspection prior to May 15, 2024; Kathryn Middleton seconded the motion Passed (4 - 0). 1 Design Review Board Meeting Minutes of November 15, 2023 12 Final review of an addition Address/ Legal Description: 4779 Meadow Drive/Lot 1, Block 5, Bighorn Subdivision 5th Addition Planner: Greg Roy Applicant Name: Mark Gray, represented by Shepherd Resources 3.4 DRB23-0377 - Gray Residence Final review of new construction (multi-family) Address/ Legal Description: 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision Planner: Greg Roy Applicant Name: Town of Vail, represented by George Ruther 3.5 DRB23-0281 - Timber Ridge 4.Staff Approvals Final review of a change to approved plans (railing/gate) Address/ Legal Description: 1 Vail Road/Lot A - C, Vail Village Filing 2 4.1 DRB21-0132.003 - Four Seasons Planner: Jonathan Spence Applicant Name: Four Seasons, represented by Benchmark Custom Builders Final review of change to approved plans (entry door/light) Address/ Legal Description: 775 Potato Patch Drive West/Lot 19, Block 1, Vail Potato Patch Filing 1 4.2 DRB21-0181.002 - 775 Potatoes Patch LLC Planner: Greg Roy Applicant Name: Seven Hundred & Seventy Five Potatoes, represented by Judge and Associates 4.3 DRB22-0364.001 - Eckelberger Residence Existing Store Fronts - Arcade Building.pdf DRB23-0388 Plans.pdf Erin Iba made a motion to Approve with the findings that the application meets Vail Town Code Sections 14-10-2 and 14-10-5; Kathryn Middleton seconded the motion Passed (4 - 0). DRB23-0377 Plans.pdf DRB23-0377 Light Fixture.pdf Erin Iba made a motion to Approve with the condition that the applicant receives approval from the adjacent unit owner on a conforming light fixture for both halves of the duplex and the findings that the application meets Town Code Section 14-10-5 and 14-10-2; Kathryn Middleton seconded the motion Passed (4 - 0). DRB23-0281 Arch Plans.pdf DRB23-0281 Landscape and Civil Plans.pdf DRB23-0281 Documentation.pdf TOV DRB Presentation_2023-11-15.pdf Erin Iba made a motion to Approve with the staff provided conditions of approval, including the remaining conditions of approval for the development plan, PEC23-0014, and the condition that the applicant returns with a change to approved plans application prior to building permit submittal to revise the siding on the rear of buildings D, E, and F, and add visual weight to the roof, with the findings that this application meets Vail Town Code Sections 14-10-3, 14-10-4, 14-10-5, 14-10-7, 14-10-8, 14-10-9, and 14-10-10; Kathryn Middleton seconded the motion Passed (4 - 0). 2 Design Review Board Meeting Minutes of November 15, 2023 13 Final review of a change to approved plans (extension) Address/ Legal Description: 3094 Booth Falls Road 19/Lot 1, Block 2, Vail Village Filing 12 Planner: Greg Roy Applicant Name: Jerrie Eckelberger Final review of a change to approved plans (siding/landscaping) Address/ Legal Description: 394 Beaver Dam Road/Lot 7, Block 2, Vail Village Filing 3 4.4 DRB22-0440.003 - Exeter 22536 WY LLC Planner: Jamie Leaman-Miller Applicant Name: Exeter 22536 Wy, represented by Pierce Austin Architects Final review of a change to approved plans (roof) Address/ Legal Description: 1500 Lions Ridge Loop/Lot 22, Dauphinais-Mosley Subdivision Filing 1 4.5 DRB23-0061.001 - SJZ LLC Planner: Jamie Leaman-Miller Applicant Name: SJZ, represented by OCG Final review of an addition (elevator/convert fireplace/shed roof/windows/doors/repaint) 4.6 DRB23-0215 - Gavell/Oliver Residence Address/ Legal Description: 754 Potato Patch Drive East & West/Lot 3, Block 2, Vail Potato Patch Filing 1 Planner: Heather Knight Applicant Name: Stefan & Sonchu Gavell and Andrew & Nancy Oliver, represented by Kasia Karska Design Final review of a change to approved plans (windows) Address/ Legal Description: 1815 West Gore Creek Drive West/Lot 18, Vail Village West Filing 2 4.7 DRB23-0238.001 - Kerr Residence Planner: Heather Knight Applicant Name: Kason Kerr, represented by Renewal By Andersen Final review of an exterior alteration (deck) Address/ Legal Description: 2653 Cortina Lane/Lot 5, Block A, Vail Ridge Subdivision 4.8 DRB23-0262 - Jacobson Residence Planner: Heather Knight Applicant Name: Dale Jacobson Final review of a tree removal Address/ Legal Description: 3947 Lupine Drive B/Lot 2, Block 1, Bighorn Subdivision 1st Addition 4.9 DRB23-0279 - Andrews Residence Planner: Greg Roy Applicant Name: Richard Andrews, represented by Armour Improvements Final review of a change to approved plans (railings) Address/ Legal Description: 2609 Davos Trail/Lot 22, Block B, Vail Ridge Subdivision 4.10 DRB23-0314.001 - Ranch Dog LLC Planner: Jamie Leaman-Miller 3 Design Review Board Meeting Minutes of November 15, 2023 14 Applicant Name: Ranch Dog, represented by Eggers Architecture Final review of an addition (storage room/deck/landscaping) Address/ Legal Description: 2662 Cortina Lane/Lot 7, Block B, Vail Ridge Subdivision 4.11 DRB23-0319 - Smith Residence Planner: Jamie Leaman-Miller Applicant Name: Geoffrey Smith, represented by LKSM Design Final review of an exterior alteration (windows/doors) Address/ Legal Description: 2409 Chamonix Lane/Lot 19, Block A, Vail Das Schone Filing 1 4.12 DRB23-0353 - Schneider Residence Planner: Heather Knight Applicant Name: Raymond Schneider, represented by Lifetime Windows & Siding Final review of an addition (deck/porch/sauna) Address/ Legal Description: 2528 Arosa Drive/Lot 7, Block C, Vail Das Schone Filing 1 4.13 DRB23-0363 - Harris Residence Planner: Greg Roy Applicant Name: Leanna & James Harris, represented by John G Martin Architect Final review of an exterior alteration (deck/hot tub) Address/ Legal Description: 555 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1 4.14 DRB23-0368 - Lift House Condos Planner: Heather Knight Applicant Name: Lift House Condos, represented by Pierce Austin Architects Final review of an exterior alteration (hot tub) Address/ Legal Description: 675 Lionshead Place/Lot 1 & 2, Lionshead Filing 6 4.15 DRB23-0384 - The Arrabelle Planner: Heather Knight Applicant Name: The Arrabelle, represented by Maximum Comfort Pool & Spa Final review of a sign application Address/ Legal Description: 531 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1 4.16 DRB23-0389 Capranea Planner: Jamie Leaman-Miller Applicant Name: Capranea, represented by Roaring Fork Sign and Lighting Final review of a sign application 4.17 DRB23-0392 - Elleston Address/ Legal Description: 141 East Meadow Drive Retail Condo/Lot P & Tract C, Block 5D, Vail Village Filing 1 Planner: Jonathan Spence Applicant Name: Elleston, represented by Elise Gilbert 4.18 DRB23-0393 - Speck Residence 4 Design Review Board Meeting Minutes of November 15, 2023 15 Final review of a tree removal Address/ Legal Description: 3150 Booth Falls Court E/Lot 4, Block 2, Vail Village Filing 12 Planner: Heather Knight Applicant Name: Eric Speck, represented by Vail Valley Tree Service Final review of a tree removal Address/ Legal Description: 2195 Chamonix Lane/Lot 2, Vail Heights Filing 1 4.19 DRB23-0394 - Pine Ridge Townhouse Planner: Jonathan Spence Applicant Name: Pine Ridge Townhouse, represented by Old Growth Tree Service Final review of an exterior alteration (windows) Address/ Legal Description: 1180 North Frontage Road West 6C/Simba Run Subdivision 4.20 DRB23-0395 - Boone Residence Planner: Jonathan Spence Applicant Name: Charles & Cheryl Boone, represented by Lifetime Windows and Siding Final review of an exterior alteration (roof) Address/ Legal Description: 2014 West Gore Creek Drive 1/Lot 41 - 43, Vail Village West Filing 2 4.21 DRB23-0396 - Town of Vail Planner: Jonathan Spence Applicant Name: Town of Vail, represented by John King Final review of an exterior alteration (windows) Address/ Legal Description: 1906 West Gore Creek Drive/Lot 48, Vail Village West Filing 2 4.22 DRB23-0399 - Boesel Residence Planner: Heather Knight Applicant Name: Andreas & Shari Boesel, represented by Renewal By Andersen Final review of an exterior alteration (windows) Address/ Legal Description: 3220 Katsos Ranch Road/Lot 1, Block 1, Vail Village Filing 12 4.23 DRB23-0400 - Steimle/Kohl Residence Planner: Heather Knight Applicant Name: Michael & Cynthia Steimle and John & Ruth Kohl, represented by Renewal By Andersen Final review of an exterior alteration (windows/doors) 4.24 DRB23-0401 - Rollins Residence Address/ Legal Description: 2958 South Frontage Road West D8/Lot 4, Block 5, Vail Intermountain Development Subdivision Planner: Heather Knight Applicant Name: Amanda Rollins, represented by Renewal By Andersen Final review of an exterior alteration (windows/doors) 4.25 DRB23-0402 - Den Bleyker Residence Address/ Legal Description: 2958 South Frontage Road West C5/Lot 4, Block 5, Vail Intermountain Development Subdivision 5 Design Review Board Meeting Minutes of November 15, 2023 16 Planner: Heather Knight Applicant Name: Aaron Den Bleyker, represented by Renewal By Andersen Final review of a tree removal Address/ Legal Description: 4290 Columbine Drive/Parcel D, Bighorn Subdivision 4.26 DRB23-0404 - 2490 Bald Mountain Road LLC Planner: Jamie Leaman-Miller Applicant Name: 2490 Bald Mountain Road, represented by Old Growth Tree Service Final review of a tree removal Address/ Legal Description: 1775 Sunburst Drive/Lot 3, Sunburst Filing 3 4.27 DRB23-0406 - Vail Golf Course Planner: Jonathan Spence Applicant Name: Vail Golf Course, represented by Old Growth Tree Service Final review of a tree removal Address/ Legal Description: 5169 Gore Circle/Lot 5, Block 2, Bighorn Subdivision 5th Addition 4.28 DRB23-0407 - Mertens Residence Planner: Jonathan Spence Applicant Name: David Mertens, represented by Old Growth Tree Service Final review of an exterior alteration (windows/doors) Address/ Legal Description: 4514 Timber Falls Court 1006/Timber Falls Condominiums 4.29 DRB23-0409 - Kelley Residence Planner: Heather Knight Applicant Name: Suzanne & David Kelley, represented by Renewal By Andersen 5.Staff Denials 6.Adjournment Erin Iba made a motion to Adjourn ; Kathryn Middleton seconded the motion Passed (4 - 0). 6 Design Review Board Meeting Minutes of November 15, 2023 17 Present:Rys Olsen Herbert Roth Kit Austin Absent:Kathryn Middleton Erin Iba 1.Virtual Meeting Link Register to attend Design Review Board Meetings. Once registered, you will receive a confirmation email containing information about joining this webinar. 2.Call to Order 3.Main Agenda Final review of a sign application Address/ Legal Description: 183 Gore Creek Drive/Lot A, Block 5B, Vail Village Filing 1 Planner: Heather Knight Applicant Name: Sitzmark, represented by VMDA 3.1 DRB23-0356 - Sitzmark Final review of an exterior alteration (roof/windows) Address/ Legal Description: 4939 Meadow Drive B/Lot 12, Block 5, Bighorn Subdivision 5th Addition Planner: Jamie Leaman-Miller Applicant Name: Gary & Deanna Ludwin, represented by Alicia Davis Architect 3.2 DRB23-0365 - Ludwin Residence Conceptual review of a re-roof Address/ Legal Description: 2450 South Frontage Road East/Vail Golf Course - Water Treatment Planner: Jonathan Spence Applicant Name: Vail Recreation District 3.3 DRB23-0375 - Vail Recreation District Conceptual only. No action taken. 3.4 DRB23-0346 - Four Seasons Ski Concierge Design Review Board Minutes Wednesday, November 1, 2023 2:00 PM Vail Town Council Chambers DRB23-0356_Signage.pdf Rys Olsen made a motion to Approve with the findings the application meets 14-10-2; Herbert Roth seconded the motion Passed (3 - 0). DRB23-0365 Plans.pdf Rys Olsen made a motion to Approve with the findings the application meets 14-10-2 and the condition that the light fixtures are not included in the approval; Herbert Roth seconded the motion Passed (3 - 0). Vail Golf Restrooms #12 project narative.docx V1.pdf DRB23-0375 Hole #12 restroom plans.pdf 1 Design Review Board Meeting Minutes of November 1, 2023 18 Final review of an exterior alteration (chimney/patio door/balcony/repaint) Address/ Legal Description: 227 Wall Street/Lot C, Block 5C, Vail Village Filing 1 Planner: Jonathan Spence Applicant Name: Four Seasons Ski Concierge, represented by OZ Architecture Final review of an exterior alteration (landscape) Address/ Legal Description: 1013 Homestake Circle/Lot 2B, Block 6, Vail Village Filing 7 Planner: Jonathan Spence Applicant Name: Parras of Colorado, represented by Fieldscape 3.5 DRB23-0340 - Parras of Colorado LLC 4.Staff Approvals Final review of a change to approved plans (sign/curb/gutter/steps) Address/ Legal Description: 129 North Frontage Road West/Lot 3, Middle Creek Subdivision Resub Lot 1 4.1 DRB21-0233.007 - Residences at Main Vail Planner: Greg Roy Applicant Name: Town of Vail, represented by Lipkin Warner Design & Planning Final review of a change to approved plans (structural/retaining wall) Address/ Legal Description: 2195 Chamonix Lane 9/Lot 2, Vail Heights Filing 1 4.2 DRB22-0064.001 - Hiley Residence Planner: Jamie Leaman-Miller Applicant Name: Brent & Karen Hiley Final review of a change to approved plans (fireplace/lighting) Address/ Legal Description: 2950 Booth Creek Drive/Lot 2, Block 3, Vail Village Filing 11 4.3 DRB22-0262.001 - D4 Vail LLC Planner: Jamie Leaman-Miller Applicant Name: D4 Vail, represented by Berglund Architects Final review of a change to approved plans (condenser) Address/ Legal Description: 660 Lionshead Place H305/Lot 1, Vail Lionshead Filing 1 First Addition 4.4 DRB23-0018.001 Lion Square Planner: Jamie Leaman-Miller Applicant Name: Lion Square, represented by R&H Mechanical Final review of an exterior alteration (deck) 4.5 DRB23-0229 - Hernreich Residence DRB23-0346 Presentation.pdf DRB23-0346 Plan Set.pdf Rys Olsen made a motion to Approve with the findings the application meets 14-10-2 and 14-10-4; Herbert Roth seconded the motion Passed (3 - 0). DRB23-0340 Plan Set.pdf Rys Olsen made a motion to Approve with the findings the application meets 14-10-8; Herbert Roth seconded the motion Passed (3 - 0). 2 Design Review Board Meeting Minutes of November 1, 2023 19 Address/ Legal Description: 777 Potato Patch Drive A/Lot 20, Block 1, Vail Potato Patch Filing 1 Planner: Heather Knight Applicant Name: Hernreich Family, represented by Trinity Builders Final review of a tree removal Address/ Legal Description: 252 West Meadow Drive A/Lot 8, Vail Village Filing 2 4.6 DRB23-0285 - Corrigan Residence Planner: Heather Knight Applicant Name: Glenda Corrigan, represented by Elevated Arborist Final review of an exterior alteration (deck) Address/ Legal Description: 1325 Westhaven Circle B/Lot 49, Glen Lyon Subdivision 4.7 DRB23-0313 - Lessans Residence Planner: Greg Roy Applicant Name: Marc Lessans, represented by Great Divide Construction Final review of an addition (basement) 4.8 DRB23-0326 - Out of Bounds LLC Address/ Legal Description: 1139 Sandstone Drive 4/Lot A1 & A2, Block A, Lion's Ridge Subdivision Filing 1 Planner: Jamie Leaman-Miller Applicant Name: Out of Bounds, represented by KH Webb Architects Final review of an exterior alteration (solar) Address/ Legal Description: 660 Lionshead Place/Lot 1, Vail Lionshead Filing 1 First Addition 4.9 DRB23-0330 - Lion Square Planner: Jonathan Spence Applicant Name: Lion Square Phase II & III Condo Association, represented by Active Energies Solar Final review of an exterior alteration (mini split) Address/ Legal Description: 4295 Columbine Drive 4A/Lot 7, Block 3, Bighorn Subdivision 3rd Addition 4.10 DRB23-0344 - Souvorin Residence Planner: Greg Roy Applicant Name: Dimitri Souvorin, represented by Vail Heating Final review of an exterior alteration (windows) Address/ Legal Description: 4630 Vail Racquet Club Drive 6/Vail Racquet Club Condominiums 4.11 DRB23-0348 - Grotke Residence Planner: Jonathan Spence Applicant Name: Judith & Gregory Grotke Final review of a tree removal Address/ Legal Description: 4470 Timber Falls Court/Timber Falls Condominiums 4.12 DRB23-0369 - Timber Falls Condos Planner: Heather Knight Applicant Name: Timber Falls Condos, represented by Old Growth Tree Service 3 Design Review Board Meeting Minutes of November 1, 2023 20 Final review of a sign application Address/ Legal Description: 183 Gore Creek Drive/Lot A, Block 5B, Vail Village Filing 1 4.13 DRB23-0371 - Archetype Planner: Heather Knight Applicant Name: Archetype, represented by First Chair Designs Final review of an exterior alteration (entry door) 4.14 DRB23-0372 - Quinn Residence Address/ Legal Description: 945 Red Sandstone Road B5/Lot B7, Block B, Lion's Ridge Subdivision Filing 1 Planner: Greg Roy Applicant Name: James & Amy Quinn, represented by Home Depot Final review of a tree removal Address/ Legal Description: 80 West Meadow Drive/Lot 1, Vail Village Filing 2 4.15 DRB23-0381 - Chapman Law Group Planner: Jonathan Spence Applicant Name: Chapman Law Group, represented by RA Nelson 5.Staff Denials 6.Adjournment Rys Olsen made a motion to Adjourn ; Herbert Roth seconded the motion Passed (3 - 0). 4 Design Review Board Meeting Minutes of November 1, 2023 21 AGENDA ITEM NO. 3.1 Item Cover Page DATE:November 21, 2023 SUBMITTED BY:Steph Johnson, Town Manager ITEM TYPE:Information Update AGENDA SECTION:Information Update SUBJECT:October 2, 2023 AIPP Meeting Minutes SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: October 2, 2023 - Minutes.docx 22 Public Notice - Art in Public Places Board Meeting Minutes Monday, October 2, 2023 AIPP Board members present:Tracy Gordon (via zoom), Susanne Graf, Kathy Langenwalter, Courtney St. John, Lindsea Stowe Others present:Molly Eppard - AIPP Coordinator 1. Call to Order 2. No Citizen Participation 3. Main Agenda 3.1. Approval of September 11, 2023 minutes. September 11, 2023 Minutes 3.2. 2024 Winterfest presentation review by Alpine Ice, Paul Wertin and Jake Proffit. Three concepts for the Winterfest ice installation are presented: boat inspired shapes, faces/profiles, moon shapes. The Board provides feedback regarding design/concepts, space, layout, structural integrity. Installation will commence the first week of January 2024. The Board asks for Paul and Jake to return to the November 6th meeting to further discuss the concept of the faces as the Winterfest installation. 3.3. Town Council Oct. 3 presentation and Strategic Plan review. Council Presentation Oct. 3, 2023 AIPP Strategic Plan Molly asks for feedback on the Oct. 3 Council presentation and Strategic Plan. She discusses the monetary and in-kind donations received for this summer’s pilot residency. Courtney will join the Council presentation and Lindsea will via zoom. 3.4. Review of Artist in Residency (AIR) 2024 programming. Molly discusses possible collaboration with the Betty Ford Alpine Gardens and future sculpture/art/installation placement, as well potential collaboration with the Denver Botanic Gardens. Molly discusses possible programing for next summer without a physical studio space. The Board would like Molly to further review consulting efforts around the AIR. 4. Coordinator Updates. CU zoom -College of Media, Communication and Information, Capstone course is going well. The riddles on lower Wall Street are now completely refurbished/repainted by Amy Dose. Molly will arrange to have Squire’s sculptures deinstalled at the amphitheater and welcome centers. DRB review of the Art Studio is October 4th with Harry Teague present. 5. Adjournment. 23 AGENDA ITEM NO. 3.2 Item Cover Page DATE:November 21, 2023 SUBMITTED BY:Missy Johnson, Housing ITEM TYPE:Information Update AGENDA SECTION:Information Update SUBJECT:October 24, 2023 VLHA Meeting Minutes SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 2023-10-24 Minutes.pdf 24 Vail Local Housing Authority Minutes Tuesday, October 24, 2023 3:00 PM Vail Town Council Chambers and Virtually via ZOOM PRESENT ABSENT Steve Lindstrom Craig Denton Kristin Williams Dan Godec via Zoom James Wilkins via Zoom STAFF George Ruther, Housing Director via Zoom Martha Anderson, Housing Coordinator Missy Johnson, Housing Coordinator 1. Call to Order 1. 1 Call to Order Meeting called to order at 3 p.m. 1.2 Zoom Meeting 1 1.3 Zoom Meeting 2 (Post-Executive Session) 2. Citizen Participation 2.1 Citizen Participation No comments. 3. Approval of Minutes 3.1 VLHA September 26, 2023 Minutes MOTION: Williams SECOND: Denton PASSED: (5 - 0) 4. Main Agenda 4.1 VLHA Q3 2023 Financial Update Presenter(s): Jake Shipe, Finance, Budget Accountant Shipe provided a quarterly update through September 2023. He reviewed a brief overview of the Town of Vail Housing Fund and separately, the Housing Authority Budget. Highlights include: • Year to date the Town of Vail has spent $3 86,000 on Vail InDEED purchases. 25 • Related to the Housing Authority Budget, at the beginning of June, FirstBank agreed to make the checking account an interest bearing account with a rate of 4.5%. • YTD $32,560 has been spent on professional fees/consulting fees • The VLHA has $412,000 in cash assets and no liabilities • Jake will verify that the accounts are backed by securities with US treasuries 5. Matters from the Chairman and Authority Members 5.1 Matters from the Chairman and Authority Members Presenter(s): Steve Lindstrom, VLHA Chairman Lindstrom updated the group regarding recent Town Council meeting regarding the Housing Zone District. An evening session included West Middle Creek updates, the bid process and next steps. They were all qualified respondents and the final decision came down to Corum. The financial approach does not require much of an initial outlay and is aligned with what they've done in the past with Lake Creek Village. Lindstrom mentioned the Magellen Surveys and suggestion for a future presentation to the Authority. Williams reported again regarding the housing conference in Montana that was very regionally well attended and there are talks for it to occur again next year. Kudos to Kristin for a successful event. Ruther provided a quick update about the State Land Board activity. The State Land Board appeared before the Eagle County Commissioners and discussed opportunities for water rights. The State Land Board, additionally, is issuing and RFQ looking for private sector development partners for involvement. Everyone, including the Town of Vail, is working with the State Land Board regarding future housing opportunities. Williams was approached by a family from Chamonix Vail Community inquiring and mentioning the desire to explore ROFR at Chamonix Vail. She mentioned it for future discussion related to the lottery process in effort to better understand. Ruther and Williams will reconnect offline and consider schedule discussion for future. Reminder to include the 2024 Budget Discussion for future meetings 11/27 and 12/12. Ruther mentioned Nightingale closing fee rebate program available to certain potential workers in the community. Ruther will pass along the information via email. Denton mentioned that American National is interested in speaking to the Vail Local Housing Authority in the future also. At 3:30 p.m. there was a motion to exit regular session and enter into executive session. MOTION: Williams SECOND: Wilkins PASSED: (3- 0) 26 6. Executive Session 6.1 Executive Session per C.R.S. §24-6-402(4)(a)(e) - to discuss the purchase, acquisition, lease, transfer or sale of real, personal or other property interests and to determine positions relative to matters that may be subject to negotiations. Presenter(s): George Ruther 7. Any Action as a Result of Executive Session 7.1 Any Action as a Result of Executive Session Presenter(s): Steve Lindstrom, VLHA Chairman At 3:54 p.m. the Authority re-entered into regular session Kristen Kenny Williams made a motion to recommend to direct staff to proceed with item as discussed; Craig Denton seconded the motion; Godec was not part of Executive Session. MOTION: Williams SECOND: Denton PASSED: (4- 0) 8. Adjournment 8.1 Adjournment 5:00 PM (Estimate) The meeting was adjourned at 3:57 p.m. MOTION: Williams SECOND: Denton PASSED: (4- 0) 9. Future Agenda Items 9.1 Vail Housing 2027 Land Banking Investment Banker Discussion Review Retirement and Remote Worker Policies Review Chamonix Vail Deed Restriction 10. Next Meeting Date 10.1 Next Meeting Date November 14, 2023 27