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HomeMy WebLinkAboutLIONS RIDGE FILING 1 BLOCK D PARCEL A RED SANDSTONE EMPLOYEE HOUSING APPROVAL PART 1 LEGALI A,t L Balt-lN6 6|\lD Pr fttal.l tilthrltc aa.r&, " g,Dr^lc goLurr4l.Js tBl lel -d s-r* H,*ffvd&."r.";f:N lrJ#:, :* '!i.*f').ir. I7 1996 Red Sandstone Employee Housing DRB Final approval given on December 18, 1996 o DRB aPProval December 18' 1996 Red Sandstone Employee Housing Development Brent Alm made the motion Clark Brittain provided the second Votc:5-0,approval Conditions of approval: Prior to issuance of a building permit, the applicant shall: l -- Provide amended engineering drawings for the review and approval of the Town Engineer; 2-- Modifu the roof ballast color to light grey; 3-- Work with staff to relooate the cottonwoods in the snow storage a(eas to the area between Red Sandstone Road and the parking lot east of Building D and replant the snow storage areas with dwable, hardy landscape material; the applicant may pursue other optiois, such as increasing the caliper ofthe tree, to ensure the survival rate ofthe plant material; and 4-- Relocate the existing fire hydrant, per direction frorn the Town of Vail Fire Deparhnent. f:evq.,nt\Aidy\96 adminvedsDDRB dlt t' il$ign Review Action Flrn TOWN OF VAIL Category Number Project Name: ,n" tzh44 u {d ,t,1, ti, h t", t'J ,,, ,/t Building Name:J q'r-c ProlectDescription: L-/ tto.r ,''i r iz F /zr / r,rytJ /Vurfq/ la,' {-;tl 7t: 17-i \,<:+;tt tr'r.'/ ,+',1 'Sli) y'33 Owner, Address and Phone: /?-' Architect/Contact, Address and Phone; I rtu r(, '{ tt.4tl legal Description: l-ot tslock Board / Staff Action Motion by:vote: 5 - 0 Seconded by: fl ooorouu' E Dlsapproval ! StaffApproval Conditions:,i1 /+ fl t/U'u'r&*c Town Planner o*e: t7 f t'U f k DRB Fee Pre-pata / /a.- DEPART*ENT o, o, o.rn$ r tiv U.S. ARIY ElrlGlNEeR O|STR|CT, SACRASENTO CORPS OF ENelt'tEER{i 1325 J S?REET SAGBAUEI{TO, CALTFORNTA s58t+2921 Decernber 3, 1996 (L9967s527) EB 0EC 1 13S rc,rft& {trw- u $t+tt t^- ^../l+lLd,4 /r\T x ../ U EEPIY TO/lttEittro oF Regulatory Branch Ms. Anna Higgins Mont,ane Environmental Solutions, LimitedPost Box 3611Vail, Colorado 8i-658 Dear Ms Hiegins: . f am responding to your request for a Department of the Armypermit to fill approximalely 0.og acre of wet-lands for t,heproposed " Red sandstone Locals Housing project.'r rhe project islocated ar Red sandstone cieek in sectlon rl Townsrrip s'so;;h; -- Range 81_ WesE, Eagle County, Colorado The chief of Engineers has issued nationwide general permitnumber 25 which authorizes t,he discharge of aredged or firtmat'eriar in waters of the united statei knoqrn as headwaters andisoLated waters' your project can be construcied under thisauttlority.provided the worl meeLs the conditions riEted on theenclosed information sheets. Thie verification ie contingeutu_pon iriFlenrentatsion 1ad completion of tbe nitigaiive meaEureadiscueeed.in your writt€n eubnictar dated oceoier 10, 1990. lheae mitigatJ.ve meaaureE eharr be eonpleted no later thanSepteurber 1, L997.. Upon conpletion ol the mitigration work, youwill eubmLt a written report, wiEh photograplr, io thlE officedeecribing the euceeeE oi the work. l, tiil-ow-up-report on th,esuccegs of the mitigation work ehall be eubmittiO to this officeone year later. - This permit verification wirl be valid untir ;tanuary 21,1997 . You should contact this of f ice if work wirr ext.nl.i beyondthis date - please note that nationwid" g."-"ri-permit 26 isexpected to be re-issued with some modiflcations'by Februaiy z,!9?7;, Typically, when nat.ionwide permits are re_issued,verltlcations undeT lh" previous versions are good for another 12months. Ig" may wish to contace us aft.er peUriary Z, L997 Eoconfirm Lhis verification as srill being .rr"iial--' -z- we have assigrned number 199675527 to your project. preaserefer to this number in any correspondence'*iirr-lrris office. rfy?l laye any questions, prease conLact me telephone number (g7o)243 -t199, extension j_1 . Sincerely, Grady L. McNure Chj_ef , Northwestern Colorad.oRegulatory Office 402 Rood Avenue, Room j.42 Grand Junction,' Colorado gL501-2553 Enclosure Copies Furnished: Mr- Bill clark, cor.orado Division of wildlife, TLL rndependentAvenue, Grand .Tunction, Colorado g1SO1 t Toyn-of Vai1, l!!": City Manag,er, 75 S Frontage Road, Vail,' Colorado 81"657Eagle River l,{ater and Sanitation District , g46 ForesE Road, Vail,Colorado 93,657 o End COMMUT\ | 1' r DEYELOFT'lENT Dccember 1?',1996 Mr. Orady L, McNure, Chief Nodlrwest Colorado Reguiatory Office 402 Rook Avenue. Room 142 Greod Juaction, cb tl5ol-2563 RE: hoject 1996?5527 DetrMr.Mclirue: Thmmose of ttrisletrs is to refliestBr€xtcosionof thsNationwide Gercnl FermitNumber 26 whiu'h triru bcru appruvul by youi ofFrce fpr thc abovc rcfusnccd Pr{cct As approvcd this permit is valid urtil January 21, lgyl . Con$truction of the pro@ pfoJ€ct r$ not ExpectEd to begtn untit spnng of 199?.- As uui:h, I rulwul ttat tftiu prurit Ee exteruded to be valid thougb LWl. Ttaakyouforyourconsiderflio'n PleanedonothesitabtoegnEctmewithanyquestionsyou ro*y have. Ttouas A. Braun, AICP Montane Euvironrnentd Solutims, c/o Anm HigCins Eagle River Warer ard Sanitation Disricl c/o Dennis C'elvio Town of Vail. c/o Andy Knrdtqen BA I/ BR-AUN ASSOCIATES, INC. PLANNIN6 l{intum lronvorks Building 201 f'ldn $trtct Jnd Flocr Poet Office Box 116 Minturn. Colarado 81645 Ptwre -9N,#/,5797 Fax-9fu,W,5W TOTFIL F. EI Agcnda last reviscd l2llU96 4Pn DESIGN REVIE Wednesday, PROJECT ORIENTATION I CHRI, MEMBERS PRESENT SITE VISITS - W NOARD AGENDA Dddbmber 18, 1995 .M. - Community Development Department l2:15 l:30 3:00 Tammie l. 7 3. 4. 5. Bresnahan -45325 Ackerman - 967 Vail To Catch a Cook - Red Sandstone - Sirotkin - 1345 Driver: George l.Ullman - t460 Filing 2 Applicari MOTIO 3. Red Sandstone - The developmentTf 17 employcc housing units, located on an Andy unplatted parcel, on a portion of Parcel A and part of Block D, Lionsridgc Filing #l ' Ajpficants: Eagle River Water and Sanitation District, the U.S. Forest Service and the Town of Vail MOTION: SEC0ND: VOTE: 4. To Catch a Cook - New awning & sign 100 E. Meadow Drive/Lot O, Block 5D, Vail Village lst Filing' Applicant Jonathon Staufer MOTION: SECOND: VOTE: 5. Sirotkin - Proposed residcntial and carport addition 1345 Westhaven Circle/Lot 52, GIen Lyon Subdivision Appticant Mr. & Mrs. Neil Sirotkin MOTION: SECOND: VOTE: Lauren George Lauren6. Bresnahan - Ncw garagc 4532 Streamside Circle EasULot 15, Bighorn 4th Addition. Applicanf Litlian and William Bresnahan, represented by Kathy Langenwaltcr MOTION: SECOND: VOTE: Staff Approvals The Fur Club - New signs Lauren 172 Gorc Creek Drive/Lodge Promenade Applicant The Fur Club Mizner - Changes to approved plans Lauren 5030 Main Gore Drive/Lot l, Vail Meadows #1 Applican(: Duane Piper DirkChristensen - Addition 3996 Lupine Drive/Lot I, Block 2, Bighom lst Addition Applicant Cecil Cbristenseu The applications and information about the proposals are available for public inspection during regular office hours in t}:e projeot plannii's office, located at thc Town of Vail Community Development Department, 75 South Frontage Road. Sign language interpretation available upon request with 24 hour notification. Please oall 4?9'21 14 voice or 479'2356 TDD for information. Conrmunity pfip**nt Plan Koutlltg rorm Approved Denied (cite cletailed rcasons) a Approved with conditions Routcd To:Creg Hall, Public Works Terri Martinez. Public Works Todd Oppenheimer, Public Works Mike McGee. Fire Returt To: Dats Routcd:Wcdncsday, Nov. 20 Rctum By: Projcct Namc:Rcd Sandstonc EmPloyce Housing Project Addrcss: Project Lcgal: Projcct Dcscription:tt";r.l *"-,rg t ",* * construction of l7 Contlominiums' Thc Town Ccuncil approvcd thc proicct on first rcading on Novetnbcr 19' 1996' The cncloscd drawings reflect the concctions madc to atldrcss carlier comments from Towl Staff. Pleasc verify that your carlier comments have bccn addressed' i5.-ds dF e ,-r\-..rc<,'^<-+' 7oc^i C.",t',-C) {e'\\4B-c_f_ !,..rl nc"-''lJ ;T'T-{rov,'c)Q' ,, Date tcccivcd: Revicwcd by:W Datc rcviewcd:Tt _I':-1 I I I i II I I ) i ! (.;/u,zft (+r""-t ffi 7+ af{ #. -/* t 4<-, ,1u /-,,* $ru--& car.d 4-- -e -/ --(.h.,-=4 ##^ /4,( d ff, ..aA-"u-z d^- *.' &. . ,'I /.H,/r'r/ bu ,{ 4 //./ //r* /-l *" , J/ /lU'/l 6ftazcrf '/ r/ l'/q/'/{ r<tUl co-,nilii u"o.topment prun nout?g Form Routed To:fteg Hall;:Public Works * Terri Martinez, Public Works Todd Oppenhoimer, Public Works,6$ N$\ Mike McGee, Fire ? 2\96 Return To:Andy Knudtsen, Community Development Date Routed:Wednesday, Nov. 20 Return Bv:Monday, December 2, 1996 Project Name:Red Sandstone Employee Housing Proiect Address:945 Red Sandstone Road Project Legal: q Project Description:SDD and Rezoning to allow the construction of l7 Condominiums. The Town Council approvcd the project oo first reading on November 19, I 996. The enclosed drawings reflect the corrections made to address earlier comments from Town Staff. Please verifu that your earlier comments have been addressed. Approved Denied (cite detailed reasons) Approved with conditions n-u) \l- lzs szt77-a 1 T lw;W yc*l ?ve '22<L l^,y ot sfiY 's1a?.A14 e-n+ ,-o +*oq? 2rv4 .F@ ' ,o,o 8,1*/ 1a *J .J,19 N, | ,,n .^1 l.l rnY t 1.oJ, t tl'noywz 1fr,- se Lo* -tV- '1tt/o t€ znalg -F'*'t c 'tbv Qzt tc:.v "ry q,, v"t4v q..,,7{_ w< I,bt cPdg Yr nf' a ^nr /:F8 ? vv 4*r-rD .7t?q v 8r, *r oI -. -F VAfIJ, COIJORADO Nnv /1, /qq6 c)Fe. 4 tqQG 'rcvlrca!r. ,. 't 7lt4le4 DESTGN REVTEW PROT]ECT INFORMATION: DESCRIPTION: APPIJICAUON ' TOWN O DATE RECETVED: DATE OF DRB MEETING:********** **********r. A. B.TYPE OF REVIEW: LEGAT DESCRIPTfON: LoLSubdivision If property is described bydescription, please provideto t.his applicacion. Block a meets and boundson a separat.e sheeE. c. D. legal and at,t,ach Eil f. ZONING: NAME OFMailing a,eFopEsAPPLICAMP: E'et a A 'fuRvrce Address r APPLTCANT'S REPRESEMTATIVE: Address: H. I. tJ. NAME OFMaifing NAME qF OWNER(S): a s: R>PE:sT fuy116 Mailing Address. 84A ffiEsf. pn. //A/I_t,n\. 9ILSZ _.phone APPLICATIONS WILL NOr AE PROCES.9ED WITHO(IT ONETER'S SIE]\IAfURE Condominium Approval if applicable. DI(B FEE!- DRB.fees, as shown above,\ are to be paid aE the.-.r. r"F oi: sr_r.h'I|_l I r:a.!-. ct r-he l'i!:..5 apl.1:'Fabion. I_,aLet:, \"rh.enapprying for a building permig,-prbase idencify Lhe uccuracevaluation of the p{oposar. Tire hown of vait witt adjusr thefee according to lhe t.able below, Eo ensure the correct feeis paid FEE SCHEDULE: VAI.,UATION ,h n .h .ln ^^^. P v rp ^V,UUU$ 10, 00L - $ 50, 000$ 50, 001 - $ 1s0, 000 $1s0, 001 $ s00,000 $500, 001 - $1.000, 000$ over $1, 000, 000 DESIGN REVIEW BOARD APPROVAL TI(PIRESAPPROVAI, I'NI.,ESS A BUTLDING PERMIT I,SIS STARTED. FEE . D ZU. UU $ s0 .00 $100.00 $200 .00 $400.00 $s00. 00 ONE YEAR AFTER FINAJ, ISSUED AI'ID CONSTRUC,TION r[. PRE.APPIII.O',OI,ETING: A pre-applicaLion meet.inq wirh a member of the planning sEaff is encouraged uo deEermine if any addit,ional applicauion information is needed. IL is lbe applicant'sresponsibiliEy Eo make an appoinEment with the sLaff Eo deLermine if chere are additionaL submittal requiremenLs. Please.note that a COMPLETE applicafion will streamline Lhe rev-iew process for your project. III. IMPORTANI NOTTCE REGARDING AJ-,L SUBMISSIONS TO THE DRB: A.. In addit.ion Eo meeting jsubmitt.al requirements, Lheapplicant musE. stake and Lape Ehe projecL siEe Loindicate property J.ines. buiLding lines and buiJ.dinqcorners. ALl Erees to be removed musl be taped. All siLe lapings and staking musL be compleLed prior Lo Lhe DRB site visit.. The applicanE must ensure thaL sEaking done during the wint.er is not buried by snow. The review process for NEw BUIL,DINGS normall-y reguires two separate meeLings of the Design Review Board:'a conceptuaL review and a finaL revj.ew. Applieanus who fail t,o appear before the Design Review Board on their scheduled meeting dat.e and who have noL asked in advance EhaE discussion on their iLem bepostponed, will have t,heir iLems removed from the DRB agenda unE.il- such time as Ehe it.em has beenrepublished. The following items frEry, aE the disereLion of thezoning ad.ministraLor, be approved by Ehe CommuniEy Development Departmerit. st.aff (i.e. a formal hearingbefore the DRB may noE be required): c. F. a . Windows . skyL ight.s andwhich do noL alLer thebuilding; and. similar excerioi changes exisLing plane of the b. Building addieions not, visible from any oLher loEor public space. At Lhe Eime such a proposal is submiLL.ed, applicanLs musE, include leEters from adjacenL property owners and/or from the agent foror manager of any adjacenL condominium associationsLaLing the association approves of the addit.ion. If a properLy is locaeed in a mapped hazard area (i.e. snow aval-anche, rockfall, fLood plain, debris flow,wetland, eL.c.), a hazard study must be submitted and Lhe owner must. sign an affidavit recoqni.z.i,n"g the hazardreport. prior to fhe isEuairce cf a bui}dirrg perrniL.Applicants are encouraged to check wiE.h a Town plannerprior to DI{B application to determine the relaL.ionshipof E.he propert,y Lo all mapped hazards. For alI residential construcLion: a. Clearly indicare on Lhe floor ptans che inside. face of the exterior sLructural walls of thebuilding; arid b. Indj.cate wiE,h a dashed line on the sit.e plan afour fooE distance fron the exterior face of thebuilding wa1ls or support.ing columns. If DRB approves Lhe application with condit,ions ormodifications, aII condiLions of approval musE beaddressed prior t,o the applicat,ion for a buildingpermi L. G. I tv.. r"rn "o"r*-I.oa*-ol stanped bya scaleA. Three copies of a recenL Lopographic survey' a Colorado Professional l,icensed Surveyor, aE of L" = 20' or larger, on which Lhe following information is provided: 1. Lot area, and buildabLe area when differenh Ehan lot area 2. L,egal- descripLion and. physical address- 3. Tr^ro f ooE conLour intervals unless Lhe parcel consists of 6 acred or more, in which case, 5' contour inLervals may be accept,ed. 4. Existing Lrees or groups of trees having trunks with diameters of 4" or more' as measured from a poinc one foot above grade. 5. Rock ouLcroppings and other significant natural feaLures (large boulders, intermittenE sEreams. eLc. ) 6. Hazard areas (avatanche, rockfalL, eLc-), centerline of streams or creeks, reguired creek or stream seEback, and 100-year flood pJ-ain' if applicable. Slopes of 40t or more shall be clearly delineaLed by cross hacching. 7, Ties to exisLing benchmark, eit'her USGS landmark or-gewer inverL. rhis informat'ion must be clearly sLaLed on Lhe survey so that all measuremenLs are based on Lhe same starting poinL. rhis is parLicularly importanL for decermining building height. and driveway slope. See Policy On Survey Information, for more informalion regarding surveys. 8. Locat.ions of lhe following musE be shown: . a. Size and rype of drainage cuiverbs, swales, eLc. b. Exact locaEion of existing utility service lines from t.heir source Lo Lhe sLructure, including: Sewer Wat er Cable Tv Telephone GasElecLric c, All ut.iliLy meLer locaEions, including any !ede-e.|aLs Lo be located on site or in the riqhc-of-way adjacenl to Lhe site. d. ProperLy lines - disEances and bearings and basis of bearing. e. IndicaLe all easemenLs identified on Ehe subdivision plaE. 9. Provide spot elevaLions aL Ehe edge of asphalL, a]-ong Lhe street front.age of Lhe property aL LwenLy't1ve tooL inLervals (25'), and a minimum of one spot elevaLion on eiLher side of the Iot. Site Plan 1. LocaLions of Lhe fotl-owing musL be shown: a. Existing and finished grades. b. Proposed surface drainage on and off site. ..O :::p::.d drivewav, incruCs percent,- srope'. : and spot elevaLj_ons at, Ehe property lj.ne,garage slab and as necessary alonq thecenterline of the drive to accuraiety reflectdriveway grade. d, A 4' concret,e d.rive pan at the edge ofasphalE, for driveways LhaE exiE the streeE inan uphilL d.irection. 2. AIl exisE.ing improvenents including sLructures,landscaped" areas, service areas, storage areas.,walks, driveways, pff -sLreet, parking, ioadingareas, reeaining walls (with top and boLlom ofwall spoc elevaLions), and other exist,ing SiLeimprovemenes. 3. In order t,o determine proposed buiLding heightselevaLions of all top rooi ridges, and eavei whendetermined necessary by the zo;inq adninistraLor,shall- be indicated. on the site ptin wittr exisLingand proposed cont.our lines shown underneath., Landscape pLan (1" = ZO, ot larger) - 3 copies.reguired L. At a minimum, the following informaLion must, beprovided on Lhe Landscape plan: a. . Localion of exist.ing Lrees 4,' diameLer orlarger; b. Type, size and locaE,ion of all exist,ing andproposed p1ant. maEerial , c. Location of alL trees Lo be t.ransplanLed, d. A derailed 1egend of all proposed .p1anEmaterial including conmon and f,atin names. 2. 'The locat.ion and uype of existing and proposed. :.waLering systems Lo be employed in caring'forplanc rnat.erial f ollowing its- inst.allat,io;. 3. Existing and proposed cont.our Lines. ReE.ainingwalls should be included wit,h L.he conEourinformat.ion with t.op of wall and boEtom of r,,ratlelevations listed. 4. Conplete Lhe attached landscape materials list,. Pi!1, ?ff ffom gigh ueitirv company verifyins.EherocaLron ot uLrlity service and availabil itfz (see D. E. F. aLtached ut.ili ty ver^i.f ,; :")ri.on fc,rn) . accompany aIl submitLals,and ideneify alI easemenLsproperLy. to insureaffecting mus E.property ownershipthe subject 1 Aqcbit.ecLural. plans (1/8" = 1, or larger , I/4,, lspref erred scale for review) 3 copies ire'reqired. Itoor plans and all el_evaEions of the proposeddevelopment drawn L.o scale and fu1ly dinensioned.The elevat.ion drawings nust. show bolh exiscing Jnafinished grades One set. of floor plans must, be ',red.-.Lined,, Lo showhow the gross residenf,ial fl_oor area (GRFA) wascalcula t.ed. Exterior maLerials and colors shall be specifiedon the aEt.acbed maE,erials list. fhis mat,L;i;i;-- Li:t. mu:f be.compler,ed and submitr,ed as a pari oftne appLicaEion. CoLor chips, siding samplesetc., shal_l be present.ed at, the Design Rlview ili#::;,T:.:iniLedlocaEions, €Ec. must, be shown gralhicifJ.y andfully dimensioned. Zong chegk lisE (atlached) must be complet,ed if theproject is located within the Sing1e-rlmil_y,Prlmary/Secondary or DupLex zone 6istricts-.' PhoL.os of the existing sit,e and where app1icabl.e, ofadj acent sLruct,ures . The Zoning Administrator and/or DRB may reguire thesubmission of addit,iona! pl_ans, drawinls,specificarions, samples and other naeeiiar.s (incrudinga'model) if deemed necessary Lo dehermine whether aprojecL wil-I comply with oeiign Guidelines. Photos or sketches which clearty convey the red.evelopmentproposal and tbe location (sice ptan) of the redevelopmentproposal may be submiEced in lieu of the more formalrequiremenLs set, forEh above, provided all importantspecificaLions for the proposal incLud.ing colbrs andmaherials E.o be used are subrnitted v. b. vr. ApprTroNs - RESIDSNTIIIJ OR COMMERCIAIJ r\ F. A.Original floor plans with a1I specifications shown. B. Three sets of proposed floor plans 1/gi' = 1, or larger(!/4,' = f. is pref erred) Three copies of a site plan showing existing andproposed construct.ion. fndicate roof ridgre elevationswith existing and proposed grades shown underneath. Elevations of proposed addition. Photos of t.he exisLing sLrucLure. SpecificaLions for aIl maLerial-s and color samples onmaLerials lisL (attached) At the request of the Zoning Adrninistrator you may also berequired. t.o submiE,: H. I. A sLat.emenL from each utilicy verifying location ofservice and avai1abi1iLy. See attalhed ut.ilityloea,f, i:on verif icaLion f orm. A site improvement. survey, sLanped. by registeredCol-orado Professional Licensed iurveyor. A preliminary tit.Ie reporL, Lo verify ownership ofproperLy, which lists all easemenCs. VII. FINAL SITE PLAN Once a bur-lclrng permrE has been i.ssued., and const,ruct,ion isunderway, and before the Building Department. wirl schedule aframinE inspecLion, two copies oi an- rmprovemenr LocationCert,if icate survey (ILC) stamped by a rLgist.eredprofessional engineer must be submitted. The followinginformation musL be provid.ed. on the ILC: A. nuilding locaLion(s) wifh Lies E.o property corners,i.e. disEances and angles. B. Buirding dimensions to the nearest tenth of a fooE,. a, t't. \,.AlL uEil-irl"*t"r"e Line as-builts, "Jt"'n lvPi of ' 'l'' ""r; ':- rnaieriaf uied, and size and exact locaLion of f,ines Basis of bearing uo cie to secEion corner' ALl properEy prns arq to be eiLher found or seL and slaLed on improvemenL survey. Al1 easemenLs. Garagre sLab elevaLions and all roof ridge elevations wiln-exist.ing an- proposed grades .shown under Lhe ridge lines. '-: D. F G, rl. VIII . CONCEPTUATJ DESIGI{ REI'IEW A. submittal requireme+t9: The owner or aut'horized aqent' of anyffi design approvaL as prescribed bV Chis'cfripi", miy suUmit plins ibr concepLual review Uv cfre-oesi'gn Revi-ew goard lo ttre Department of, Corununitsy Developmene. The concepLual review is intenaEa'to give- Lhe appLicant a basic undersganding of ifre -ompatifir:.cv of r,hbir proposal.with Lhe rown's nesiqnEuiaefines. rhis prbcedure is recommended priniriiv ior appticat'ioni more complex than single- iarnily a-nA c*o-itirnily residences'. Ho\itever' developers of singie_tamiry and two-farnily projects shall- noL be exclud6d from che opporEunity Lo reguesl a conceptual desiqn review. Complete appticauions musL be submiLLed 10 working days prior Lo a scheduLed DRB meeLinE' Thefollowinginformationshallbesubmittedfora conceptual review: 1. A conceptual siEe and landscape plan aE a minimum scale of one inch equaLs LwenLy feeL; I 2. conceptual efevaEions showing exLerior maEerials and a description of Lhe characLer of the proposed sLruct.ure or sLructures; 3. Sufficient informarion bo show the proposal complies wit.h the development slandards of Lhe zo.tl discrict in which Lhe project is Eo be' IocaEed (i.e. GRFA, siLe coverage calculations' number of Parking spaces, eLc.); 4. CompleEed onn application form. B, Procedure: Upon receipt of an application,for conceptual oe-siqn reviLw, t'he DeparLment of CcrsriltriLy Development shal l rewirw che subnlt'ted maLeriais for general compliance with the' appropriate reguirements of Lhe zoning code. rf the proposal is in basic compliance with the zoning code reguirements, Lhe projecu shall be forwarded Lo Lhe DRB for conceptual review. If Lhe applicaLion is noL generally in compliance wiuh zoning code requiremenLs, the applicacion and submiEtal maEerials shall be reLurned to Ehe applicanL wiL,h a written explanaE,ion as to why Lhe Cormunity DevelopmenE DeparEment staff has found . the projecE noL Lo be in compliance wit'h zoning code requirenents. once a compleEe applicat'ion has been recej-ved, Lhe DRB shaLl review the submiELed concepbual review applicat.ion and supporLing maEerial in order t'o decerninL wheLber or not Lhe projecE generally complies wiLh the design guidelines. The DRB does noL vcite on conceptual reviews. fhe properEy ordner or his represenLaLive shatl be presenE aE Ehe DRB hearing. l_ NAME OF PRO.IECT: LEGAL DESCRIPTION: L,OT BlocKTt suaorvrsrov LtoNb BuME STREET ADDRESS: ^ - -r,rst op uetrnrnlg required for approval can TYPE OT MATERIAIJ submitLal be given: Eo the Design cor_,oR The following informaLion is Review Board before a final BUIIJDING TIIATERIAI.S : Roof Siding OLher wall MaLeria1s Fascia SoffiLs windows Window Trim Doors Door Trim Hand or Deck Rails Flues Flashings /r!. .: *- ^.,-',vl I i.rtriis j D Trash Enclosures Greenhouses Retaining Walls Ext,erior l-,ighting OEher lt/.w Q'auwrBD El?tLrPAt'E' sa{N u0d) MOUE 8337'ta Des igner: Phone: I,ANDSCAPING:Name of PrJAIlr r.rersRr.O, PROPOSED TREES AI.TD SHRUBS BotanicaL Name @r6-trtLt a . FPt Lt(rcc)5At#Lr,NJPltctr ' co*.o'Q*"Ouanti tv g7 Size* --- .,' 21,4-cAL Tvpe Sguare FooEaoe GROI'ND, COVERS FtLpntrilE<- ffi 5IO X SOD SEED TYPE ,OF IRRIGATION TYPE OR METFIOD OF EROSION CONTROT C. LANDSCAPE ITIGHTING: If ext.erior lighting is proposed, please show Lhe number of fixtures and locations on a separaEeIighE.ing p1an. Idenuify each f ixture from Lhe Iight.ing plani1 .Che space below and provide the height above grade, type ofliqht. proposed, rumen outpuL, luminous area and a cuE sneeg otthe 1iqht, fixt,ure. (SecEion 18.54.050 J) rilililt tc wQ zl + 5 t+P^(arF^frtE 3 dcN *Indicate caliper for deciduous Erees. Minimum caliner for,deciduous Ereeis is 2 inches;' hdicate hmErees. Minimum heiqht for coniferous trees is 6 feet.**Indicat,e size of proposed shrubs. Minimum size of shrubs is5 qallon. orHER LANDSCAPE FEATURES (retaining walls, fences, swiruningpooIs. erc.) please specify- rndicaLe heights of retaininiwalrs' Maximum height. of warls within bhe front setback il3'. Maximum height of walls elsewhere on Lhe property is 6, r'l Prc A hMc ts e-ffiJtJL tq s;ht a*. ?eft)ws 'tF{]fttlt-Btffi A /,\k,aF lffiilt 2-1 z.'\Lt'cd- ?-ntLug f]il4fi&IA FnRAMS SRjGA MbUlS'lJrPb' ' t suBotvtsrott JOB NAME LOT BI,OCK FILING ADDRESS 1ff"*"i*:3""lT,1vailab_i1iry or uriLiries, wherher f otlowinc uEi .r i ;,,::"::g l:1"", mus u l" _ippiorli-.ia following uririli-Fvvvs 'rrlrE!' *t:! b9 approved ances ror rhe accompu"vi"s-lililrlij. 9. !: .We" t Communica tionsl, - 800'- 922 _ LgBT468- 6860 or 949 _4530 Public Service Company949-s781cary HaIl Holy_Cross EIecE.ric Assoc.949 - 5892Ted Husky/michaet Laverty Heri Eage Cablevision T.v.. 949-5530 S.t.eve Hiat,t Uppef Eagle Va11ey waLer&- Sani La t ion nis cric i *476_7480 Fred Haslee Aut,l?rized siqnaru they be mainverified by the pa!e This form is Lo verify servicelocar.ion. This shouti ;;-;;;; ?I9Pu5ins. vour utilicv pi""-Jiarns L,al1a Lions . availab:.li Ly andrn conjuncbion withscheduling, For any new conscllgc.lorl proposal, Ehe.appticanrmusL provide a tomprecect ;;iii;;"verificaEion form.If a uLiliL.y company.has concerns with the proposedconsErucL.ion, rh:.y.'rlli.y ;;;;;;;nEarive shoutd noeclrrecEly on Ehe utilicy veriticaLion form LhaE Lherers a problem which_neehs io-n,"-i"uo1ved. The issueshould then be spelled o"i-il-a"cail in an aEtacheclletter Lo Lhe rown of vail. ---HJri..r.r, please keep inmlnd Lhac ic is rrr" i."iJi"iuiiiiu_of Lhe uuiticycompany Lo resotve ideniifiEa-pio"r" ".If the uLilitv verificaEion form has signat,ures fromea.ch cf rne u-ii1.:.:1.-;;;;;;;*il'Inu no ccm.rn:]lrLrs areTi9F 9i..ctlv on trre roi:m,-ah; ;;r" wilr presume::it"::::Eoi'" no proble*; ;;J iiat trre a^",,"ropi",,e f,l:":.:::*il:l:i:ls. do nob. relieve bhe contracror of f ::.':i:'*i:I, 1 i ..f , eo ou ei in -; t ; ;;":;=J;";:i;ii i:3*,.:n:^::Y: ?1, Y*li' -o"p"iri."i'5F'nitiri"filii" 3li i:"i 'fi 3lY, o"b*t...'isn "lt VO.LJ.. * Please brinqobLaining Upperrtow needs mus t A st,reet "u Inst.ai.laLion of service lines are at the expense andresponsibility of the FlroperLy-o*.r, a_si-te p1an, f toor pIan, and elevations when ,EaSlg _valIey Wat.er & Sanitat ion signaerrr""l Firebe addressed. 11. 13.96 1 l.ou-13-1996 tor56 T''J#'r,AVON, COLORADO. fficHt rEcTs P01 ?.n 'gugDlvrEtorgoB tfAtrElot Ei,ilfr------E rDDitEsl i&ffii:i:riH#i:iiii:i lwl'ii:;"iiliT$l thry Lrr nrlnwrlflctt by tbr l:iaoTiil.iffrl*sio lurberi!*t Fra'r$*6 'Drrq oes:iaio-oi-iig.rsro qs frr,fuL| _ ,/"/e*liil;ii"tce coq,atryoarv-riir .oc. df4{- - #ttt.ffrollrliffi Ericertc &r, rrC fsrfy/EtGhrel lrver!,y ft"li^cog!. c&I.\rtrton l! .v.er9.5530 SLeve t{iagE upgeJ Elgle.v.ltey lrarer cr ibQru-*llf,\Iq1 i:i;+ri:l,""Di'tric" X,,HdiTt {4,IBTE: 1. This foHD i:-l? yFrily ro:vlca avairabi:iLy ancttocarion. rhir clouib il-il; ia coaiuqiiioi".ii.r, . i;:*ii:ir3ffr uririLy er rn-ana scri.aiiiis_- :?. FOr rny_ncw construcLion Dtqposal r the.applicaB!, mutL provide a caEprer.ed irriiiry ,errtrEilroi-iirar. 3, :f r u:ilig corDpany.hag r:oncerns r.rirh lhe paopasedconr Brulqlge: - lhs uLitiry reDreseutaBtve sboutal notd'rec Lty. on rhc. uti r i ry -ir,,iii ica tior, - i",_-tt"-i-t iili."i-s a prgpl€s,-whictr_neiir r.ilL scsorrrea. riie-fiiilahoutd rhen. be_rprllid-our.-fi -c-6it il-.r-;;dfi ;;tctrer ra rne.toirn'6i Uif i-. *nowr"er. Dloase keep innrnd thar i.r is_ trre. ie"poi.siriiiiv-;i iul iiiiiii . conpany to resolv. tdasltl lcd proLtenrs. -- _----- 4, If th.,urillty.vcrificari(n lollr has ,igmatures !16leacb of -^thn. ui:i1! -j i,c..., iar ier. ar:.d "" cin ni"[J-aii.taad. allrocrty on rhe toi.rr, uhe ro,n l"iii"-i'iGufi--. rhat. lharr,rre no problani c$c Lhar *r" a-.iliieierrtcan FrOCaad ' 5. The6e v€rif,i9gliOar do not talirr,e tlre coDtracEor oihi6 responslbtlity to obiein-a ,Eleae cuf oerr,_i i- - fron rhe^ rot"rn of iiir. Degart'ooni-oi pu6iiE-*ori"and co ebEain grilirv roc:cioo" l.iofc-Ei"iii"-i"eny pubJ,rc righE-of -,,{ay or eai&e-i-Fffi-iF& of' varl. A_bltildinq:p.{riLjls ngt a s creer-eui -o;rni !,A srreer cur peimiT-rnurEl ffi 6, hatallario4 of |rlvlce lin.' lre at the erlr€nse andreapoaslDrllly of lhc gro[aley o*n€r. '- Please brinE a sire plan, f,lgor pl.n, and, gl.?afions IrnenobLainlns upp€r Ergle Va1l.y wiilr-r jinilirio" sigmaLures. Flreflor 16163 $USt be adldgetcrd. { {.*',-dL.s- T0",H- P.Se I %srs s i nsr e Fami Iv *"" !l",Jf h u?tn L'ft'Primary/Secondary DATE: $eTo/a. $ * (t {i rt $;i N ,lq { $ t LEGAIJ DESCRIPAION! Lol Block Subdivision ADDRESS: OWNER ;PHONEAs ARCHITECT ZONE DISTRICT PROPOSED USE IJOT SIZE BUILDABI,E Existinq rreight TOI,AI GRFA Allowed (30) (33) Primary GRFA + 425 =. /Secondary GRFA +425= 1.1-F , SeLbacks Front, Sides Rear 5iE.e Coverage Landscaping Ret.aining Wall Heights 3. /6. ReqrdParking Garage Credit Drive: 2a' r.5, 15, Complies with T.O.V. tiqhcing Ordinance Water Course Setback (30) (s0) Do Finish Grades Exceed 2: L (50%) Environmen taI/Ha zards : View Corridor Encroachment : tJugs i.his req'r:esL irrvsive a 4 ) Wetlands Yes aPproval (check properEy file): Lor AREA, Fl l+o Proposed TotaL _Enc1 (300) (600) (s00) (r.200) A/A permirr.ed slope 1 z proposed ut"oJ'* *'.7' Yes X Nb Z'^.J..--/:--- vFe L) FLood Plain 3) Geotogic Hazardsa) Snow Avalanche rVAb) Rockfall Ic) Debris Flow No-X---- rluer LirrD i.eqijesL irrvuive a 250 AdditiOn? AlbHow much of rhe arlowed 250 Addition-i"--r"effiEEE-Eis reques E?.NA Previous condit,ions of IU -{- FILE CO; TOWN AF VAIL ; 75 South Frontage Road Vail, Colorado 81657 970-479-2 I s 8/479 -2 I 39 FAX 970-479-24s2 Novcmbcr t. 1996 Department of Contnunity Development Mr. Tom Braun Braun and Associatcs Mintum lronworks Buildins P.O. Box 776 Mintum. CO 81645 RE: Dear Tom: Rcd Sandstonc affordablc housing dcvclopmcnt Grcg Hall rcmindc<J mc that a fcw criticcl compononts of thc cnginccring drawings must bc addrcsscd as soon as possiblc. 'fhcsc includc thc follorving: L Providc spot clcvations of thc bridgc at thc abutmcnts. lnsurc that thc ncw drivc docs not cxcccd 9tt/'. Bc surc to accommodatc thc rcquircd pan in thc drivcway. Insr.rrc that thc sitc distanccs arc mct for thc ncw drivcwav intcrscction with Rcd Sandstonc Road. Providc thc floodplain information for Parccl A (U.S.F.S. parccl). In addition to addrcssing thcsc at your carliest possiblc convcnicncc, thc following information rvill bc rcquired by thc Town, prior to your apptication for DRB approval. Thc following list reflccts the comprchensivc analysis from Grcg Hall. Wc undcrstand that it would bc inappropriatc to requirc thc engincering work to be completed for a project prior to the Planning and Environmcntal Commission or Town Council approvals. However, prior to Dcsign Revicw Board (DRB) revicw, the following dctails must bc nailed down: Landscapc Plan l. The Landscape Plan and Grading Plan do not match the site plan and floor plan for Building A; the southern deck is shown incorrectly. t\everyone\Andy\95-lette\braun.o3 I {g *rrr"ruo ru", 2. 3. o T.>.. 2. Thc Landscapc Plan docs not show thc concrctc pan. 3. Insurc that thc sitc distancc trianglc is not blockcd by any of thc vcgctation. Thc trianglc mcasuring l0'x 250'cannot bc blockcd by any vcgctation. Grading Plan I . Thc asphalt arca for thc first parking spacc could bc rcduccd by "squaring it up." ?. Parking for southern units of Building A may bc too close to the fire hydrant. 3. Thc sod arca at the north cnd could be gradcd flattcr to provide morc usablc turfarea. 4. Provide concrctc cross pan to carry road watcr past driveway. 5. Proviclc top and bottom of wall elcvations for all walls (across from Building A and behind Building D). 6. Providc spot clcvations for',r'alk.s and dccks. 7 . Thc drivcway rcquircs 22' of asphalt. Thc drivc pan is not part of thc driving surfacc. Providc a curb and guttcr, so that an additional 2'ofasphalt can bc crcatcd. 8. Thc last two spaccs at Building D cannot acccss thcir spaccs. Thcrc may nccd to bc hcad-in spaccs at thc cnd ofthc road. 9. Assuming that tirc walks and dccks arc at thc same elevation as th€ concrcte path, the following arcas arc of conccrn: a) Arc dccks actual dccks or paved patios? b) SoutherndeckofBuiklingA-stairacccss at2:I slopc. Gradeshouldbq rclativcly flat across bottom ofstairs. c) Slopc closcst to north stairs Building A north sidc. d) Crading from Building A to Buitding B - at parking and walk does not work. Walk at 8' lcss than 1 l/2'.1 to 6. Then 6 to 4,4 in asphalt. e) BuildingC-southwalk l:l to l0contour. 0 Building D - south walk I : I to 14 contour. g) Building D - north walli less than l:l to 14 plus stairs of deck drop onto drainagc swalc. 10. Providc additional spot elcvations in thrce parking areas and at trash dumpster area. Show how gradcs arc met and picked up betwcen asphalt and ground. f:\everyonc\Andy\96-letle\brdun.ol I 'tt r*I Drainagc Rcporl L Thc I Il" C&P from Potato Patch nccds to be sizcd. Drainagc from thc cast side of the road is a historical drainagc basin prior to any dcvclopment at all. This drainagc nccds to bc addrcsscd and handled by thc applicant. 2. Thc rcfercncc page is incorrcct. 3. TRSS workshects, pagc 2l shect flow lcss than 300'has onc flow at 410', over 300'. Pagc 3 D/l- the CN is missing. Platting / Eascmcnts l. Show proposcd roadway cascmcnt for Rcd Sandstone Road. 2. Drainagc cascmcnt is futurc until platlcd. 3. Cross acccss cascment For Brooktrcc. Utilitics l. lf thc scwcl nccds to cross Rcd Sandstonc Crcck, thcn a 40.1 Army Corp Pcrmit is rcquircd. 2. Construction plans to rcplacc thc curb and guttcr and walk will bc rcquircd. Rcd Sandstonc Road and Vail Vicw Drivc rcquirc flowablc fill for all trcnchcs. Cuts of morc than 400' rvould rcquirc an ovcrlay of thc roadway. 3. Thrust blocks nccd to bc statcd vcrsus trust blocks. Thank you for addrcssing these dctails. I f you havc any qucstions, plcasc feel frec to call Greg Hall at 479-2160 or mc at 479-2440. Thanks for vour coopcration. Sincerely, /t - ,/ tr/ it'r- J+ /'"'*'- Lle =- -'-* I IJ Andy Knudtsen Senior Housing Policy Planncr AK/jr cc: Susan Connclly Creg Hall f :\cvcryone\Andy\96-lene\b raun.o J I By Heldi Rlce Daily Staff Wr.itcr VAIL - Conceptual plans for the Red Sandstone afforddble hous- ing project will be presented at a meeting of the Eagle River Water and,Sanitation District next weok. The project, which has beon in. the works since late last vear: is ajoint effort between the -Town of Vail and the water distrigt, (forher- ly the Vail Valley Consolidated Water District), ro develop a 1.2- acre site south oFVail View Drive with a half-acre the town received from the U.S, Forest Service to build l8 deed-restricted units for sale_at one-third below market ualue. o -InEilelffi !6EiiTilli-n-cTrtlesix one-bedroom, six two-bedroom and six three-bedroom condominiums. The town is a 25 percent partner in the project and the water district 75 percent. The homes will first be offered to employees of Eagle River Water & Sanitation and the Town of Vail. 'The town will have about four or five units,l' said Andy Knudtsen, the town's senior housing policy plan- ner. "We'lI start with Town of Vail employees at first, but if there's not enough takerq, we'll open it up to the public." A similar project, the Vail Com- mons,. is currently under constirrc- tion in a joint venture between the City Market grocery store chain arid the town. The towir is leasing land to City Market in exchange for. the development of 53 affordable hous- ing units that were sold in a lottery drawing this spring, "This will be comoarable to the Commons in that they will be deed- restricted with a three percent cap on appreciation and they must be owner-occupied," Knudtsen said. Like the Vail Commons, tne pro- ject has not been without controver- sy, Knudtsen said, including several complaints from homeowners in the nearby Potato Patch Club who feel the project will lower their property values. Residences in the Potato l-Patch Club average $600,(M), whilel I the project selling prices for the I| 1,000-square-foot two-bedroom II units on Red Sandstone Road are in \ \ tne $IZO,OOO range. )L The town expece to receive a for- mal development application ftom the wat€r district in July or mid- August, which will include a iequest to re-zonb the property frori general use district to medium density multi- fami ly district and a possible request to creale a special development dis- trict. The process'is expected to take four to six months to complete. Construction is slated to begin next spring with completion expect- ed by the fall of 1997. tI 1996 Red Sandstone Employee Housing CONTRACT NOTE: TI{IS AGREEMENT WAS APPROVED BY TOWI\ COUNCIL ON DECEMBER 17,1996,A5 WAS RESOLUTION 23, SERIES 1996l INTERGOVERNMENTAL AGREEMENT This Intergovemmentat Agreemcnt ('Agreement") is made and entered this 29th day of May' 1996, between sAcLB RIVER WATER & $ANITATION DISTRICT ("ERWSD',) and TowN oFVAIL,CoLoRADo(..Town',),collectivelyreferredtoa$..Partiesnn' WHEREAS, ERwsD is the coordinating entity and developer of a proposed multi-unit housing project to be used primmily for the benefit of employees in the Eagle County region ("Project'); and WHEREAS, Town wishes to participate in the Project, and is willing to contribute an adjacent parcel ofprope(ry owned or to be acquired by Town toward the Projcct; and WHEREAS, ERWSD ha^s determined that the addition of the Town properly contributed b-V Town would beneftt the Project by maximizing the number of housing units that could be made available: and WHEREAS, ERWSD and Tovm have both determined that the provision of housing for the benefit oflocal employees is an appropriate, necessary andvalidpublic purpose; and WHEREAS, Parties wish to allow for Town's participation in the Project pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the terms and conditions of this Agreement, the suf{icienoy of which is mutually acknowledged, Parties agree as follows: 1. Conveyance of Town Properll . Town shall diligently pursue the acquisition of a parcel of real property presently owned by USFS, and more particularly desgribed on Exhibit A which is attached and incorporatedby this reference ("Town Property')' This Agreement is expressly cnntingent upon Towis acquisition of the Town Property from USFS. If Town is unable t'o acquire ttre town prbperfy, this Agreement shall be of no force and effect. Upol Town's acquisition of the Town Property, ifshall contribute the Town Property to the Project, via special warranty deed, prior to the issuance ofCertifioates ofOccupancy on the Project. 2. Rezoning of Town Properfi. ERWSD shall be pursuing the rezoning of the real property that will be tli; primary p.cil of laod used in the affordable locals' employee housing ptq.ot.- Concgrrently witn nnWip's rezoning efforts, Town shall initiate rezoning of the Town b.op".ty. Town's efiorts to rezotre the Town Property shalt be initiated even prior to the Town's conveyailce ofthe Town Propertyto the ERWSD, ifnecessary' ERWSD shall assume the role of the pri-ri.',y proponent for the ctncurrent rezonings, and Town shall cooperate with ERWSD. 'l In exchange for Town's .oou"y*.. of tn"E*n ptop"tty to the Project, Town shall have the opportunity to particrpate in thl Project. In addition toits convevance of the Town Propenryf*i,tfj,1.tj:,Ii5 ffiiipT"Ja" ".*n-*Io*u",i"o as tunds are expendgd oo the Project P*ysP-:1?1,ff:t:^:i*;*::"ff;;;h;o"ng"^""0 develop,ment of thi eroject. The units in the Projeot shall be leased or sold, subject to the following general guidelines: a. A minimum of 75o/o of the total units constructed as part of the Project (including units constructed on the Town Property) shall be occupied by individuais who are emptoyed in Eagle county and their families. ERWSD and Town may, after construction costs are known, agree to offer up to 25Yo of the total number of the consfucted units as "free market" units for the pulpose ofreducing the cost ofthe reuraiuing units equally throughout the Project on a cost per sqrmre footage basis' b. The Town shall purchase, at cost, an ownership interest in five (5) ofthe units consffucted. The units to be owned by Town upon comptetion of the Project sball be refened to as'Town Units." The interim cash contributions made by the Town for constuction shall be applied to the purchase of Towu Units. c.Forthoseunitsreservedforoccupancybylocalemployees,ERWSDand Town will estabtish and implemeot a maximum cap on appreciation for re* sales in order to ensure the long term affordability of the looal employee housing units. A1l units shalt have a deed restriction consistent with the restrictions attached as Exhibit B, Such restrictions, in addition to being included in each deed of conveyance, shall be incorporated into the condominium declarations' d. ERWSD or its desiglee shall have the right of repurchase on all unit resales, except Town Unfts. The Town or its desipee shall have a right of repurchase oo uil To*o Units. Both the ERWSD and the Town have a second right of repurchase not exercisod by the other party. lf either party does not sxercise tttlr rigtrt of repurchase, the units shall be madc available for sale to the public through a System which could be similar to the Town,s .olottery,' system' 4. Misceltaneous. This Agreement represents the firll understanding of Parties and supersedes any prior understandings, discussions or agreetnent as regards the subject matter. This Agreement may not be assigaed without the written consent of the non-assigmng party. This Agreement cannot be amended or modified, unless in writing executed by both Parties. I By: IN WITNESS WHEREOF Parties have caused this Agreemenl to be executed as of the day and year first above writtetr. EAGLE RIVER WATER & SANITATION DISTRICT Frederick P. Sackbauer, IV, Chairman ATTEST: STATE OF COLORADO COUNTY OF EAGLE ) ) ss. ) The foregoing Intergovernmental Ageement was acknowledged before meftis -day of- ,1996, by Frederick P. Sackbauer, IV, as Chairman of Eagle River Water & Sanitation District. Witness my hand and official seal. Notary Public My commission expires: t TOWN OFVAIL By: Robert W. Mcl,aurin, Town Manager ATTEST: Holly McCutcheon, Town Clerk STATE OF COLORADO COUNTY OF EAGLE Colorado. Witness my hand and official seal. Notary Public My commission expires: f r\2ttodqldocturfi tr\ERWSD..a8t ) ) ss. ) The foregoing Intergovernmental Agreement was acknowledged before me this -day of f-t-r-l , /EAGLE RrvER T'ATER & 'A'{ITATT'N DIsrRr", D,-'1{'ct' ( [u"''K RED SANDSTONE LOCAL'S HoUSnic pRoJEcr \* _m* " ) ^lqv -------- \ -\- ^lltProJect Fact Sheet 1,'tl -n'\lJuly I, 1996 lY' i ,. ,,/tVThe following. inf3m_raqqn su_mmarizes_the major features of thc local's housing proJect that will * lJ' gl.oPos* for the Eagle River Water & Sanitati6n Disricr's (fomrerly rhe Vail failey Consolidated y ,water District) Red Sandstone par19l. Plurs for the proposed projelt are ar a concepual level and .."i '\ryater u$Inci, Keo )andstone paryel. Plans for the proposed project are at a concep$al level and ..wto date no fonnal development applications have Uee'n sirUminia io the Town of vai. As such the nlormauon below is preliminary and subjecr to change as plans are refined over the comingweeks. J-f, Project Developer The.developer of the projcct is the Eagle River Waler & Saniution Disuict (ERWSD). The TownoI Yall ls also..a PaniclpaDl in the project- _The Town will provide a ponion of the land for the Project Site The proje.ct site consists of n{o-parcels of land which rotal I.6 acres. The parcels are Iocated along Red Sandstone Road opposile the Poato Parch Club and imnrediatety nortfi of ttre Aspen Tree " condomiaiums. Of the total site area, 1.4 acres is cunently owned 6y the.ERWSD dnd .4 acres iscurrentlyowned by the United States Forest Service. This'.4 acre parcel is part of a larger rruct o]I_yj that i; to be.conreyed by'the Forest Sen'ice ro rhe Town ttrofsil ii*,i c*"t at g..-This l"nd :I:lS,Ct pSan in 1994 and is expected to be completed by rhe end-of this year. Up6n completionot thrs land exchaase the .4 acre parcel will.be incorporated into the ERWS| parccf and upoircompletion of rhe p-roject the r.6'acre parcir ;in b;il;.]'.di;;6;;;;"L association. Existing Zoning ?:9$ IIWSD gfrel and the Town pucel are zoned General Use District. This zoning atlows l_uj*:?. o] -u.es -s1b19ct to rhe approval of a conditional use permit by the Town of Vail fiamingand tsnvlrollmennl Comrnission. Examples of these uses iriclude public and private schools, churches, public theaters andparking facilities. uriliry isiaildo"sil;l,iainJniur.t and sewertreaunent plants, helipads and Type -III and IV Emplbyee Housing Lhits, " The design. of the project is be ing handled by rhe local archLqT.?yl pl.ans tor rhe project include four buildings andConceprual plans ior rhe project'includ, unia. Major features of rhe ionceptual Project.densiry of I I unirsper acre (! Proposed Development mix of 6 one-bedroom, 6 unit unit includes either an over ls ex standards of this zone the local architectural firm of Morter Associates. 3s and comprise a total of 18 muld-family plan include: 1.6 ximate square own to re-zone The concepruilpl6SE in compliance wiTI ;t and it is inticilatea that no variances will be requested as a pan ofthis proposal. S,l/1 n-,: { r{*V-* t EoilAiog design is characterized by a composition of one to three story building forms rrirh flat roofs. Thi-s "stair-stepping" desip allows for visual interest and variery in building elevadons while at the same time maintairr a very low-profrle building. The majoriry of each building is rwo-stories, or 24' in heigbt witd a smill ponion of eicn UuilArig ar'tbree- stories. or 32' tall (the maxirnum allowable builditrg berght in the MDMF Disrict is 38'). Site access would be provided by a new driveway tlocarid approximately 60' north of the existing driveway to ihe Brookrree and Sandstonl part Coridominiums, In fieu of the existing dfveway, this new {riveway location will providc improved site-line distance for cars raveling nonh on Red Sandstone Road. ip$ aesig{ rsf_&r-sale" pro-ject. Whilc the ERWSD sTill sxlntain ownenhip of a small own's willbe -filetlaradon of covenants, conditions and restrictions (CCR's) similar to CCR's for other t$a E6'r....-r. on ul "free-market" muld-family projects will be established.-The ccR's will address rhings such as rhe operation of the homeown"ts ussociifon *a o*ri isiuis ie,earaing nJ -- maintenance and appearance of the project. Relationship to. Surrounding Uses and Development The proposed projecr densiry of I I units per acre is muih less than the densiry of mosr sunoundingproperties in the Red Sandstone neighborhood, The following tible summarizes thc zoning and densiry of sunounding propenies: Zone District Fqieqt- Permined Densiry Potato Patch Club RC, 6iac Sandstone Park LDlvIF. glac Parcel Size Units t10 acres # I.54 acres 16 1.23 acres 48 .69 acres : .49 acres 15 5.9 acres 84 4.91 acres 60 1.87 acres 54 1.36 acres 12 .96 acres 181,36 661.04 37 Brookuee MDMF.lSiac CottonwoodPark LDMF.9/ac Aspenree MDMF.lS/ac Sandstone Creek Club LDMF. 9/ac Sun Vail MDMF.lS/ac Breakaway \\'esr MDtrff, l8/ac Snowlion/SnowFox MDMF, l8/ac Telemark Homesuke Lionsman-e MDMF,lSiac MDMF.18/ac MDMF.lSlac Units/Acre {gross) 4.0 I0.3 22.4 l0.l 30.6 14.2 12.2 28.8 30.8 18.7 48.5 ?<< 7.0Vail Village fih 2-Family Development Review Process MDMF zone disuict and, 2) apply a Speci 3.39 acres 24(potendal) k is urticipated that formal development applicarions will be submitted to the Town of Vail in late {H.":yd-11ry1rf t^..iqqT:nionswil[ncrudetwor:ques,'-g{4an*Eggllrgge SDDzoning.is onen lssocialed u'ith developmenr proposals which exceed allowable densities or vary from other esatlished development sdndardi of a propeny's underlying zone district. The culrent concepmal development plan for this project is urcU Ueldw alowa6le Eensities and is in ,/F- conformance wih all otirer development standards of the MDMF zone disricl Lo rhis s35., 5pO zonin_g will be proposed in order to provide the Town aad the neighborhood with assurances of the specific type, density and design of the developmenr thar will occur on the sire. The SDD process requires submittal of a spccific site plaa, landscape plan and architectural plans. This requiiement will allow the Town and the neighborhood to review and evaluate specifiCelemenu of the proposed development during the public review prccess for this projccr Schedule The following is a generalized development schedule for this projert: ' 4 special meeting-ott@poard of Directon of the Eagle River Water & Sanjution Distict has been set fo$dy l6thls{:00 p.m. This meeting will be held at tbe Districr's offices located at 846 ffisrRtfeffue furpose of rhe meiting is to present the conccprual plans for tbe project and provide the coinniunity with an oppdrtuniry to offer their commenu on the project. The rernoval of S" +sting -*ater tank and treamenr faciliry is scheduled to b€gin in July. tt is andca$sd-ftrt formal development applications will b! submined to the T6rvn in laieIt is amicipgBt\lat formal development applications will bi submined to the T6wn in lr July o@4.uFSTh9 Towgpview prbtess will require a minimum of four pubtic meerrdgs with the Planning and Environmental commission, the Town Council-and tbe to lesign Review- Board. The review process is expeced to last benveen fou ro six months. c. onstruction of the proj-*1 is expecGd to begia iri,the sprhg of 1997 and ir is anticipared that the entire project rvill be constmced in one ptiEe. Please conact Leslie Allen of the Eagle River Water & Saniution Disu.icr at 476-7480 or Tom Braun of Braun Associaes at827-519'l with any guesrions regarding this project. l. 2. 6. .| 8. 9. PROPOSED VAIL VALLEY CONSOLIDATED WATER DISTRICT (vvcwD) - TowN oF vArL PARTNERSHTP FOR LOCALSgOUSING RED SA}IDSTONE ROAD OUILINEOFTHB PROPOSAL l2 -20 units for sale or rent (to be determined). WCWD and TOV eacb will coufiol number of units equal to percentage of land each puts into the project. WCWD will be the develope.r. Tov participation ir dependent upon completion of LoA transfer of parcel fiom USFS to TOV. Tov will initiate a rezoning of the usFS properfy. wcwD will initiate rezoning of its property. The project may iuclude frec market units, up to zsvo of the total number of units. The two partners will jointly convcy the land to a homeowuers associatios. Conshuction finaucing will be on a pro rata basis. Deed restictions on the units will be the same as on the vail commons units (if owner occupied) or other Tov EHU restrictions for renters, with the addition of a rigbt of first refusal for each of the partners to purchase its share of resale units. QUESTIONS: A. How will the profit from the sale of any free market units be(a)dividedand(b)applied? \ o PROPOSED VAIL VALLEY CONSOLIDATED WATER DISTRICT ryVCWD) -TOWN OF VAIL PARTNERSHIP FORLOCALS HOUSING RED SANDSTONE ROAD OUTLINE OF TTIE PROPOSAL L l2 -20 uuits for sale or rest (to be deterrrined). 2. WCWD and TOV each will contol number of units equal to pocentage ofland each puts into the Project. 3. WCWD will be the develoPer. 4 . TOV participation is dependent upon completion of LOA tansfer of parcel from USFS to TOV. 5. TOV will initiate a rezoning of the USFS propefi. WCWD will initiate rezoning of its property. 6- The pdect may include free market units, up to 25% of the total number of units. 7 . The two partners will joint$ convey the land to a homeowners association. 8. Consfiuction financing will be on a pro rata basis' 9. Deed restrictions on the mits will be &e sarne as on the Vail Commons units (if owner occupied) or other TOV EHU restrictions for renters, with the addition of a rigbt of first refusal for each of the parhers to purchase its share of resale units, QUESTIONS: A. How will tbe profit frorn the sale of any free market units be (a) divided and O) applied? I 75 South Frontage Road Vail, Colorado 81657 970-479- 2 1 07/ Fax 970-4 7 9-Z I 5 7 July 9, 1996 ffice of the TownAftorney Mr. Dennis Gelvin General Manager Upper Eagle Valley \Vater & Sanitation Distict 846 Forest Road Vail, CO 81657 Re: IntergovernmentalAgreement Dear Dennis: Enclosed is a signed Agreement between the Town of Vail and the lVater District. There is one matter that was changed on page 2, paragraph 3a. The last sentence has been changed to read as follows: WCWD and Town may, in their sole d.iscretion, offer up ts 25% of the total rmmber of the constructed units as "ftee market" units for the purpose of reducing the cost of the remaining units equally throughout the Project on a cost per square footage basis. I discussed this change with Tom Braun prior to incorporating it into the Agreement. Please notify me immediately if this alteration is not acceptable to you. You will notice that pages 1 and 2 have been retyped in a fashion that is consistent with the layout on page 3. I have also enclosed both of the previous pages I arrd 2. We have kept a fully executed copy of the document with the shenge above-refereuced in paragraph a. Please contact me with any questions or corfinents. Very truly yours, TOWN OFVAIL /)ffi Town Attorney RWIWaw Enclosuresxc: Tom Braun {S*onuor ro INTERGOVERNMENTAL AGREEMENT This IntergovemmentalAgreement ('Agreement') is made and entered this 2gthday of May, 1996, berween VAIL VALLEY CONSOLIDATED WATER DISTRICT (*wcwD') and rowirr OF VAIL, COLORADO f'Town'), collectively refened to as ..parties". WHEREAS, VVCWD is the coordinatlng entlty and developer of a proposed multi-unit housing project to be used primarily for the benefit of employees in the Eagli County region ('Project"); and WHEREAS, Town wishes to participate in the Project, and is witling to contribute an adjacent parcel ofproperty owned or to be acquired by Town toward the project; and WHEREAS, WCWD has determinedthat the addition ofthe Townproperty contibuted by Town would benefit the Project by maximizing the number of housing units that could be made available; and WHEREAS, WCWD and Town have both determined that the provision of housing for the benefit oflocal employees is an appropriate, necessary and valid public purpose; and WHEREAS, Parties wish to allow for Town's participation in the Project pursuant to the terrns and conditions of this Agreement. NOW THEREFORE, in consideration of the terms and conditions of this Agreement, the sufficiency of which is mutually acknowledged, parties agree as follows: 1. Conveyance of Toum Propertv. Town shall diligently pusue the acquisition of a parcel of real property presently owned by USFS, and more particularly described on Exhibit A which is attached and incorporated by this reference ("Tovm Property"). This Agreement is expressly contingent upon Town's acquisition of the Town Properly from USFS. If Town is unable to acquire the Town Property, this Agreement shall be of no force and effect. Upon Town,s acquisition of the Town Property, it shall contribute the Town Property to the Project via special warranty deed, prior to the issuance ofcertificates of occupancy on the project. Z- Rezoni4g of Town Property. WCWD shall be pursuing the rezoning of the real property that will be the primary parcel of land used in the atTordable locals' employee housing project. Concurrently with VVCWD's rezoning efforts, Town shall initiate rezoning of the Town Property. Town's efforts to rezone the Town Property shall be initiated even prior to the Town's conveyance of the Town Property to the vvcwD, if necessary. wcwD shall assume the role of the primary proponent for the concurrent rezonings, and Town shall cooperate with VVCWD. J.In exchange for Town's conveyance of the Town Property to the Project, Town shali have the opporrgnity to participate in the Project. In addition to its conveyance of the Town Property to the project, Town shall provide a cash contribution as firnds are expended on the Project. WCW} shall maintain sole conaol over the design and development ofthe Project, and shall, in its sole discretion, establistr the policies and procedures under which units in the Project are leased or sold, subject to the following general guidelines: A minimum of 75% of the total units constructed as part of the project (including units constructed on the Town property) shall be occupied by individuals who are employed in Eagle County and their families. WCWD and rown rnay, in their sole discretion, offer up to 25yo of the total number of the consFucted units as "free market" units for the purpose of reducing the cost of the remaining mits equally throughout the project on a cost per square footage basis. upon completion of the Project, Town shall be entitled to purchase, at cost, an ownership interest in up to twenty-five percent e5%) of the units constructed. For example, if 16 units are constructed and rown provides 25% of the Project costs, Town would receive title to 4 units upon completion of the Project. The units to be owned by Town upon completion of the Project shall be referred to as "Town units." The interim cash contributions made by Town shall be applied to tle purchase of Town units. For those units reserved for occupancy by local employees, WCWD and Town will establish and implement a maximum cap on appreciation for re- sales in order to ensure the long term affordability of the local employee housing units. All units shall have a deed reshiction identicar lo ths restrictions attached as Exhibit B b. d. WCWD or is designee shall have the right of first refusal on all unit resales, except Town Units. If VVCWD does not exercise this right of first refusal, the units shall be made available for sale to the public through a system which could be similar to the Town's "lottery" system. Tolrm or its designee shall have an equivalent right of first refusal for all Town Units. 4. Miscellaneous. This Agreement represents the firll understanding of Parties and supersedes any prior understandings, discussions or agreement as regards the subjict matter, This Agreemelt may not be assigned without the written consent of the non-assigning party. This Agreement cannot be amended or modified, unless in writing executed by both Parties. IN \ryITNESS WHEREOF Parties have caused this Agreement to be executed as of the day and year first above written. ATTEST: STATE OF COLORADO I) ss. couNTY oF EAGLE ) -.,.r*, .Tht f^ogqoine Intergovernmental Agreement was acknorvledged before me this _'t oaY of I Y\or'V , 1996, by Frederick P. Sackbauer, IV as Chairman and Byron D. Browfl as secretary of vail valley consolidated 'water District. Witness my hand and official seal. Notary t,/ My commission expires: qf il{r'fu 3 VAIL VALLEY CONSOLIDATED WATER DISTRICT ''l IN WITNESS WHEREOF Parties have caused this Agreement 0o be executed as of the day and year first above wriften. . TOWN OF VAIL 7i11". -Ewn (/.tttk STATE OF COLORADO COUNTY OF EAGLE )) ss. ) The foregoing Intergovernmental Agreement was acknowledged before me this _Zgirday of .ruly , 1996, by panela A. Bland,neyer _ u,. Acting .Tor^m Manager and of Town of Vail, Colorado. Witness my hand and offlrcial seal. *ffiFiSHhlRt?'TS"- 75 S. Fntttaga FoaoMy commission expires: 4 g!=g/Wr,l.'/ Pauela A. Brandmever Title Acting Town Manaser ATTEST: .,t.jl.,1..-- o EXHIBIT A I PROPERTY DESCRIPTIBN A poncet of tond within the NE1/4 SEt/4 Section 1, Township 5 South, Ronge 81 !,/est of the Sixth Principot Meridion, Eogte County, Colorodo, described os foI tows' Begrnning ot o point on the southerty tine o€ soid NEl/4 SEl/4 Section 1, soid point qlso being the northwesterty corner of Btock D, Lion's Ridge Subdiv!sion, occonding to the map thereof necorded in Book 215 ot Poge 648 tn the office of the Eogte County, Cotonodo, Cterk and Recorder; thence, departing soidsouthenty ltne, Nae'33'00'l/ 84,13 feetj thence N49.45'a8'E55,05 Feet; thence 53,85 feet ot.ong the brc of o curve to thenlSl],,hoving a nodrus of 200.00 feet, o centnot angte of15'45'35' o,nd q chond thqt beors N57'e8'16'E 53.69 feetithence 41,90 feet olong the onc o€ o cuFve to the right, hoving onodius of ?7.00 feet, o centrot ongle of 98.54,?6,, qnd o chordthot bear^s 570'e1 '44'E 37,8? €eet; thence SeS.54'31,8 137,47feet to the soid southenly (ine of the NE 1/4 SE 1,/4 Sectton 1,soid l. ine olso being the nonthenty ltne of Eoid Block D,; -cnence, o long so id t ine, 587'48'35'1./ 150,8? feet to the Po int 0f Beg;nn ing, conto in ing 0, 3954 acnes, nore or (ess. The beorings of the obove descnrbed Donce t one bosed on q bearineof N87'48'35iE on the southent.y tine'of the NE1/4 SEI/4 Section - 1, T5S, R81W, per the ptot oF Lion is Ridge Subdivision. Dot, '-42/tt.--- Co[orodo P.L s 4659e il-s- R SCALE: 1" =50' 1/4 S,E. | 14l ',,1 \ \ ./-- < I 1/14 al\tr <F^ r BIOCK D N.E. COR. EXHIBIT B MASTER I}EED RESTruCNON AGREXIITENT FOR THE OCCTIPANCY AI{D RESALE OF VAIL COMMONS VILfu\GE TBE MASIEN,DEED NESilTICIION AGREEMENT T'OR THE OCCTIPANCY AJTID RSSALE OF VAIL COMMONS VILII\GE (ths *Agncoeoif) bndc ed cntercd ino ftis day of l9-.- by The Tocn of Vsil (ths owna of ec prqcrty) and Wrracr Ihvclopcos ( thc owncrofthc iryovocots) (hcrcba,ftcrrcfcffid b rs "Declarant'), fmthe bcnefit of the panics and eoforccable by ths Town of Vait (hcrciuaficr rcfctrcd o as "thc Twn"') WTINESSE'TII: W:IIEREAS, Dcclarant o$/ot &e rcal prrcpcrty dcssibed ia Exbibit.A' sfrached hcr€to atrd incorporatcd hcrab Fu purposes of thc agrccmcut, thc rcal propaty aod dl dwcllings, aPPuttcErces, improveracnn and fi:mres associatcdthcrewitt sbrll hcrcinaftcrberefcrrcdto rs thc "Propcrql'; and WIIEREAS. Declaraut agrees to lestrist Se rcquisitim or transfa of thc kopcrry ro qaUamcA Blry€rs," ag rhnt t€@ iE defiscd in this agFccmcd. I! additioo. thc dcctarant agpca thd 6is agrcement shall cmstiofie a r€sale agrc€Nn€ot scfiing for& the naxirnrnr salc's pricc for which lhe Fropcrtymty be coldflvtaximrm Sale'sPricd), the anormtofappeciAionand&ctcursaud provisiou coffioiling the resalc of the Prcpcrty should Doclanut's purchascr desirc n sell its intcrest iE thc PtoPcffy at asy time afurthc dde of tbis Agreerrcnt Finally, by this Agrccrunt Dcclarart 8grcci to restrist ttc propcrty agai'st usc and occuparcy inconsis&rt with this Agreemeal TIIIIEREAS, 'Qualified Brrycrs" are uahral pcrsms meethg the rcquincrents set forth by tre Torm of Vail 'Eqloyec llorsiag Guidelhes" or its snbstihf€, as aioptcd by the Toum of Vail, or ib succcssor, and in effect at the time of the closing of the sale from Declaraat to the eualified ?oI*' and who must represent and agree p':rsuant to this Agrccmcot to occupy the Property as thcir sole placc ofrcsidence, lot to cugagcin any business actioity on tu" rropqty, oo* tu that pennitted in that zme disrict or by applicable ordinance, and not b sctl or othcnnise trrusfer thc Property for rse in atrade or buincss. WIIEREAS, 44 *Oumed'is a pcnm orrpcttsons, who iVare a etulified Buyerrrrho acquircs an ownership interstinthe Properly in compliasce wiftthetenms andpmvisions of this AgrwrarC it being udewtood trat such person or persons sball be deerned an 'Ouacd'hereunder 6nty duing the period of his, hcr or their ormership interest in the Propaty aud shall be obligiaed hereundq forthe full and complete performauce and observaucc of ail couenants. conditios and restictions conained herein duing such period. Tora ofVeil VrilCoqram ht! I ofU DadRcdtrkn IyHEREAS, a {Jnif is aay of lbc ruib - thtungh ._ wtie;h cmprise &c Propcfiy. WEEnBAS it is afficipatcdfut iadivie8b shall rcquire o ourlcrshiP btcrcst iE the proputyorunitin6cfttr€aodwillbcoonsidcred*onruct6." Oxmcrsstrllbcobligarcd bcrimdcr fctho fttl and cormplctc pcrfcmance and obscnaEtion of a[ comlln* conditims od rcsuiaioos comaircd hcrsiu" ' NOW, THEIEFORE for vBhE tlcsivod, tbc Eceipt sld affciarcy ofwtieh is hcrcby as,knowledge4 Dcctaranthrrcby rsprttscots, corrunmg and egrccs as follorc l. Tbe usc ud occupaosy ofthc Propcrty shrll hcncdor& bc linitcd cxcltsivcly to housing fm amnal pcrsoos who mcet 6c definition of Qrnli6€d Buycrs and tbch fanilies. 2. Ao Oumcr, in cmncstion wi6 thc prmhrse of ttie Piopcrty or Uuit, unrst s) oocqy uy Urit withiD this Propcrty as his c hcr sole placc of rcsidencc &riag thc timc td srrcb rmit is ouaed: b) not c,ngage in auy busincss acivity a or b ru& Lhit, oihcr thx' p€mritea in thatzone district orby appticablc ordioancq c) scllcdcrn'isctrusfcrsush Unit only in accordance with this Agrccmcnt and thc Town of Vail Eaploycc Housitg Guidslincq aod d)not sell orothgwisetra$fcrsusbUnitforusa in atrade orbrusincs; and c) not pcrurit ary usc sr ocqryarcy of srch llnit cxccp in wnrpliancc wi& eis Agtwmcnt 3. Brcechof Agreernent ' a. 'tt shsll be a breach of &is Agrccmed for Owacrto dcfault ia paymcnt c o&cr obligations due orto be performed uoder a p'rourissory aotc sccured by a first dccd of trust encumberiug thc Propcrty or a UdL Oumer rrust notify the Tona, ia witin& of any notification received tom a lcndcr" u ib assigns, of pact &r paymeats c default ia paymcnt or o&cr obligarions due orto bc p€rfdrnd trsd6 .a promissory note secured by a frnt deed of trust, as dcscribed hcr€itr, within fivc calendar days of Onmer's uotifieaion frour lc,udcr, or is assigns, or said dcfrtrlt or past due paymeBts. b. Upon notification ftorn Owuer, as provided abovg or other notice of $ch dcfotlt, = - -. tb€ Town may offer loan cormscling or disuccsed loan scrrriccs b the Owncc, if my of these scnrises are available, and is ectitled to requhc the Owncr to scll6c Fmp€rty or a Unit to avoid the comsrpBccmcnt of any forcclosrre proccding ngrinst ths Froperty or a Uuir In thc evcot that the Towu deteamiues thqt sale of the kopcrty or a Unit is neces$ulr, Owna shall immodiarcty excc$e 8 sbrdsd Listiug Contnct on fomrs appmved by the Colorado Real Estate Conrnissim with the Town, providing for a 30day listing p€dod. At this time, &e Oumcr shall deposit with thc Tourn an artormt equal to one half perccnt('Ao/ol of be esti[d Ton of Vril Vril Connoos hge 2 of 14 llsaDadRaftrio 4. 5. rnhrc ofthe Unit If a sals contrast has not bceo cxccuted within thc idtid 30- dgv pcrioA Oqmcr sh"ll €xmd the lirsting p€riod fc ag sdditiotrsl 180 day$. providcd srrh c*cosim docs uot coaflist wi& trc stmy d$tts of any sccurcd cr.ditors. The Town ghsll pryrt$ advcrtise lhc Pmperty fusale by oorycdtivc bid to Qtulified Buycrs At thc timc of closing thc Ouncr shall pay o thc Towa rn additional m,c "'d one half paccnt (l % 7o), fc a naximum ftc of tvlo pcrccct (27d. ln thc cvcm of a listiug of the Propty prrsuat to this Pragraph 3, thc Twa is cntittcd b rEquirc Sc Oymcro acccpt thc higbclt of rny quElificd bids ehich satisfies the Omcr's finaocial c oths obligations ere uodcr the gomissory rote s€snred by e firsi dced of trust aod dsd oftrust in fsv6 of 6c Towu, as dcccribcd hercfu,and o scll thc Propcrtyto suchqrrslizubidds. c. Upon rcceipt ofnotice as provided in paragrapbs 3a and b, Toqlt shall havc thc righ, i! its solc dissetion, to curc &e d€fsult or aoy portion tbcrcof. I! sch arcnt, &c Owacr shsl be pcnmally liablc to thc Tonnr forpast duc payncnte nsds by the Toum togahawi&ftf€restth€lEon attherotc spcsindin$s prmissory uotc sccurcd by the deed of EnsC plus one pacsut (1%) and all actnl curycnses of the Toum incnmed in curing &e defauh The Oumcr shhll be required by thc Toun to exccrrc a prromissory aotc searcd by dccd of Au$ cocuu$Gdng thc Propaty in favor of the Towa for the anomts qe,udcd by the Toc,B s8 spccifid hersiD, including firune advsnccs made fs $chpryosc$. Theo*ucr may onc the defurlt asd satisfy its obligatimo the Tolm rmdcrthis subpangrapb at any time priorto excsutiol of a cmtrast f6 sale, upon such reasonablc tcnlrr as spccified by the Towa Othcrwist Owaa's indcbtedness to &e Toqm shrll be sstisfied ftom the Owucr's prrocecds at closing. This Agrecurent shall corutitute covenaots rurning with the rcal property, describcd in E:thibit "A", as a burdca thcreo& fs the benefit of, and shall be specifically enforccablc by the Tonm and theirrespective successors aud assigns. as applicable, by any apprapriatc lcgal action including but not limircd to spccific pcrformasce.'injunctim, re'rcrsim, m evictiou of nou-complying owners aud/or occupants. In the event that an Oumer desired to sell the Property or Unit, tle Owner shall exeerse a saodard Listing Contact on forns appmved by the Colorado Real Esate conrnission with the Toum providing fu a 180-day li*ing perio{ or such other time period as tcquirod by the Town ofVail A$ordable Housing Guidclines in effect attime oflisthg, At this time, thc owucr shall dcposit with thc Town an amolmt equal to onc pclsrot (l%) oftbe estimated value of the Unit. Thc Tou'n shall pmmptly advertisc the Propcrty or unit fc sale by competitive bid to Qralified Buycrs. At thc tine of crosing si owacr shall pay to the Toum an additional one perce, t ( l7o) for a muimrur fee of two paceot (2%). If FNMA type financing is used" thcrc may bc a fee charyed by the Touar bascd on thc anomt financed" The araouot of this fec to be paid by thc subs"queot Owncr shall be as set for& in the cuneil Town of Vail Employee Housing Guideliues and wi[ be distibuted to the Town of Vail Mongage Fund Account. Tom ofVrilVilCosur h!!3 of la Ih|lcr lhod f,cii€i.r MA]'IMT'M SALE'S PnICE 6. la no gmot sfu|l thc Propcty c a Unit bs sold for as amormt flvftximm Sate's hiccJ b cxcrcss of(fhe owrrcr's purehasc pripc), plus an incrclsc offrrce pcrccnt (3%) if such pricc pcrycar ft,om thc dstc of prcirse to thc dgtc of O$laeds ndiec of istnt O scll (pruabd gt thE tate of 25 pcrccat fc cach uihole sronth' for rny part of a ycsr). NOIIIINC trERETN SAAI.L BE CONSTRIIEI} TO CONSTITUT|E A , REPRESEITITATIOI{ ORGUANTNIEE BY TgE TOWN OF VAIL TEAT ON SAI,E TIIE OWNER. SEALL OBTAIN THE MAXIMTTM SAI.E'S PRICE" 7. Dcftemining Maxirrnlr Sale'^q Pricc3 .. Fcthe prrpose ofdacnorining &c Moximn Sale's Prioc h accordancc with lbis S€stim, thc Owucr may addto thc anormt Wccificd in PangtBph 5 abovc, tlre oost of Pcrmited Capital tnprrovemcots (as dcfincd in khibit *BJ iu a toal Smormt lot to cxcced $!'which is tcn pcrccnt (107o) of thc inidst listcd prrchase price set forth in pangraph 6a abovc. In calculatiag nrch aonrr! mly those Pernitted Capitsl Imprrorrcocnts idcntifid in Er&ibit T" hcr€to sh8ll quali$' for inchuion All such Psnitd Apiat tnpovcocots iostalled or emstnscted ovcr the life ofthe urit shsll quslify. Fo every ten years fiom thc drtc of original purchase aad dcod restriction, aaotha tea pueed of the prchasc price may be added to the valuc of6e popcrty for capibl inproveocnts. b. Panittcd Capial Improvemcnts sball not incMe any changcs c additions to tbc Propedy made by the Oumcduring cos*rrctiou othcrcafrer, orcept in sccodarce with Pangraph 7a abovc. Pcrnittcd Capital Imprcvancms shall not imreass the base price, even ifnade or insulled dring original cotrstuctim. c. Iu orderto quali$ as Perrrined Capial lryroverrens, the Owner.mrsttuuishr the Towu thc fpllowing information with rcspcct o the improvcrncnts uihich the Owner sccks o inciude in thc calsulation of Marimum Sale's Price: l) Original or duplicate reccip,ts to voi$ the achral costs expcnded by thc On:ler for &c Pcrnittd Capiul lrnprovEmeotsi 2, Owner's affidavit veriSing thu the rcceipts are valid aud corrcct rcccip,ts tendered atthe time of purr;basc and 3) Tnre o"d conect copies ofany building pernrit or certificate ofoccupracy requircd to be issucd by the Town of Vail Buil.ting Deparuncnt with respect to the Pcrrnitted Capial lmprovements. Tora ofVril V|il Col|ltoos P4r{ ofl{ Drdnnisiro 8. 9. t d" Fcthcpurposcof&fsmining thcl}{axinrm Sale's hicc in acoordasoc w;hrnis Scctioa, thc Owncrmry alco rddto &c rmount spccificd in Pangraphs 6 and ?q thc costof aay pccnascatlnprov€mcnB corsEuctcd minsallcd as arcsultof rny rcqufuroeat iryoscd by aoy goranmcntrl agcosy, providcd lbat urit n ccrtificatiom is ptovided o thc Toqm of bo& thc aplicrble nquircmcot @ lhs infrrmatioorcquircd by Paragraph ?c, I - 3. G. Ia eslcdsti"g thc oosts udcr Parrgrryhs 7a rcrd7d" mlly lhc Ocmcr's sfrual di- of-pockct coarts aud ccrycoscs shall be cligiblc fcinshuim- Suchamouot *{l lot inchrde an anqmt aruihrable to oumer's crnrcat eqnitf cto auy apprciatirn.h tbcvalucofthc oumcr shall not pccnrit any proqpccrivc b'uyer to sssrurc any c all offte ocmcds cusnomaryclosing costsnoracccpt aoy o&acousidsation whichrmldcansc anh6pasc iatLcprchrscpricc aborrc thc bidgicc soas to induccthcoumcro scllto sueh procpcctivc bnycr. In tbc cvcot that onc qualificd bid is received cqual o the Maximuur Sale's price hrrcin Ytblirhq tbe Propcrty shall bc sold to such bfttdcr * rhc lvfrxinun $alc's pricq, and in thc ancnt Owuer rcccives nlo tr mors sue;h bids cqual to thc l\[axicnur Sale's pricc, thi Qnlificd Buya sball be selscted accoding to tbc plmig ror satc uds sa foft in '&c -Tornofvail_F"rrplo)recHoNirgGuid€lincsi u4 intc-crmilhstall such qusliFcd bidders:rc of cqust priorityprusuat to thc Griilclhcs" thr eralified Buyersball bcsdrstd by lo.tncry aooag &e quatified buyen, whccupon thc nopnty * uoit sbatl be sold to &e wiang of such lotcry st the h{sximu!il selC's price. Ifthe tersrs of&e ptoposed purchase contracL othcr than price, as iaitial$ pr€scot€d to the owuer, arc uaacceptable to the Owner, thcrc Salt be a rnrndstory nigotiatim pcriod of thrcc (3) business days to allow th-e Scller and potcntiat Uuyer o reacn * "glr.ot ot rcgardiag said tcrms' including but uot linfted to, the ctosing darc ard financing oo'ntingencie* If, 8ftcr&e negotiation period is ovo, the seller asd brryer have not rencuca an igre€arcst lbc uext bidder's offer will tben.be prescatcd to thsseller for cosidcratioa and a tbrec (3) busiaess day negotiating pcriod will begiu agnin The sellamay rcject any gnd all bidi houaevcr, thc owner is su-bjcct to the povisims in the Towa ofv"u r.ptoy"e Housirg Quidclincs peraiaing o the listiry fee. Bids in cxccs ofthc Maximunr Sati's nicc slil be rejectcd" If all bids arc bclorr lvlaxinursr Sale's Frice" Oumcr may accepc thc highcct " qrulified bid- If all bids arc belorr Maximurn Sale's hice and tcro or mort bids rrc for thcsarrgrica the Qrulificd Brryershall be selcctcd by lottcry frun ano,ug the highest qfualificd biddcm. 10. h thc ev€'st that title to &e pmpcrty or a Unit vest by descent in individuals and/or entities who are not Quafned Bnyers as tbat tmn is defined herein ftereinaftcr a\bn- Qualificd Trausferee(s)'), the Properry or Unit shall inrnediately be listd for sale asprovided in Pangraph 5 above (includiag the payment ofthr rp".ind fee to tbe Tonm), TomofYeilVrilCocr hr.s of l{ l,|rlcrD*dncrc*n IL god th€ higbcst bid by e Qrutifiod Buye, fr uc lcss &rnaiucty-fira pqat (9s/c)offte trlorimm Satc's hice or tbc rppurriirod na*ct wlu* nticheur is lcsc Salt bc acccarcd; ifdl bf,ds arc bclos' !fosty-fivtpcrccot (gSyr) of&c lvtarinm Srlc's Pricc c thc rppafucd na*ct vzlus, thc Pmpcrty or Uuit Salt cminuc b bs listod fc sala uatil r bid in scccUalcc witb this scgdo fu nadc, vthich bid mtst bc accgptctt Tbe co$ of&c rypatual Ssll bc paid by &c l.Ion{ualifid Traosfcrc{s). t nmaraUn*Transfcc{r) shdljoin inary salc, coowys[se ctaosfcrofthc Pnpcrty c Unit o e QualifiodBnycr ad shall cxcsstl aly ud atl doomcns lcse3gary todo ro; and b. Non-Qualified Trosfcrec(s) agrce rrot to: l) occtryy lhe Pmpcrty u said IhiU 2) rcnt atl or any part ofthc ftropcrty c UuiL cxccpt in srict cocupliaocc wi6 Prragraph 15 hcrcot 3) cngnge in aay ortbcr bgsincs rctivity m or in Sc Propcrty s Unit: 4) setl c or&crwise tt:rsfcrfrc Prcpaty r Unit cxoept in accorduoc with this Agreenrcnt and the Affo,rdable Horsiug Guidclincs; c 5) soll or othcri'ise tusfer the Fropcrty or Unit for use in a rade s busbcss. c, Thc Toum, orthcirrryectirrc $rceesstrs, as applicablc shall bavctbc ddtr 6d o'ptio o purchasc thc Popcrty or Unit, emrcisablc wilhiri a pcriod of fiftccu (15) ealcndar days after rcceipt of rry salcs offcr subtnifrcd u 6c To*a by a tdm' ftslified Tradecd$, and inthc cvcnt of cracisingthcirdgbstrdoptim,shr[ purrchase the Prcpcrty or Unit fiorn the l{otrQ,tt8lifd Traufcmds) fc a picc of nincty-five perceat (95%) of$eMaximum Salc's Price, cthcrgaisdufl&tt value. u&ic,hevcr is less. Thc ofrcr n purchasc shall bc madc by 6e NmQualificd Traosfercc wiftin fifoco (15) days ofacqnisitiocoffte ks,prtyorUnil d. Wbere the provisions of this Paragraph I I apply, the Town naay rcquire tbo Otmff to reot the Propcrty or Uait in accordancc with the prcvirions of Pangraph 15, below. OW}MRNESIDENCE The Propeny and aU Units ihallbe and is/are to be utilizcdonly as the exchsive and pcruunent place of residcoce of an Owucr. A pennaneot rcsidcncc ehdl mean tre hmrp " or,place in rrrhich oncs habiaticn is frxed asd to uftieh mq whcocver h9 or she is abscot, has a presurt inrcution of rcturning aftcr a departne or absence &mftonr. regrdlcss of thc duration of abseace" In detcrmining whu is a pennanentrcsidcocc, thc Town staff shall take the following cirsumstalces relating to the owncr of thc rcsideoce irto ascount: Busincss pursuits, employmcal incomc soutrces, residcmcc for incmrc ar otherax puposes, age, marital status, rcsidence of parents. sporse aod ehil&ea if any, location of pcrsonal and real properry, and motor vehicle regisuation In tbe event Owner chaoges dqnicile or ceases to ruilize the Property or Unit as his solet2. Towr ofvdl VrilCoomls P$!6 of la brd Rcdctrol'lbrlr 13. o aod crclurivc phcc ofreiidcoce, thc llopcrty orUnit will bsofrcrcd forsalc prsgano thc povisims ofParagrrph t I oftlis Agrecorcnt Oqncr shrll bc dscured to haw cbangd Ouncds donicilc by bccoming a rcsidcnt clscuftcrc o aceepting p€flnrnd clnplryncu outsidc Eaglc Conty, orresidiag m tc hopcrty or Uait for fe*rr rfr"n nhc (9) rnsrths p6s calcudar ymr n'ithout the cxpress writcn ryprornl ofthc ?onn. U/hErE thc provisims of this Paragraph 13 apply, thc Toun mry rcquirc rhc onnrb not thp Pmpcrty o Unit ia accordocc wirb ths pmvisions of Palagrryh 15, bclow. If at aay tirre thc owncr of 6c hopcrty or uait also oc,Es aoy in*rest alonc orin oo,4inuaim with or&crs ia aay dcveloporlrcsidcmial pmpcrtyordrrcltinguni(c) tocatodbFlglc Coumy. Owncr agrecs a iruncdiatclytist said o&crprcpcrty q rrnit fu salc aod to scll oqrcds intcrst in snrch propcrty at a sales pricc coryrnblc to tftc uoit or tropcrtics in the arca in which the propcrty or durcltiag rmi(s) arc locrGd. In thc crrcat ftC otg frypcrty or rmit has uot bccn sold by Owncr within ouc hundrcd twenty (120) dayr ofitc listing; &eoOtmahcrebyagrccatoiiredidy listrhis PropatyorUnitfor salc pusurnt to the provisions of Paragraph I I of this Agrcancnt It is-uodcrstood and agreed benyeelr 6e panies hereto tbst in ttc casc of an Owncr utose business is thc oonstrugtio! aod sate of rcsidcntial pmpcrties or the purchasc and rcsalc of stch propcrticn thc propcrtics which coustitut+ iarrcucy in such rn Owrufr burincss sball not c@stihrtc "o&er developcd rcsidcctial propcr6f or*aurettinguiqsf'as tbose EsEs arErrsd in this Paragraph t4. RENTAI, !rycr nay-not, except with pnor urittco approral of thc Tonm, and subjcct to Toum ofVail's cmditious of apprroval rent the propaty or Unit for aay pcriod oftimc. prior to ocsupancyr any teuant must be approved by thc Town and Homeourncr's Associatio, ifapplicabla The Toqm sbsll not approve any rental if such nntal is being made by Omn6 to $!rl oe rroncfty oruniras an incomJproducing asscr, ef,ccpt as iouiaucla"o',and shall not approrrre a leose wirh a rentd term no tess tusn oirty-(30) days and no mor thaa sir (6') moths wiftort clearand convincing evidence oat ai.as" rmgo?hm sil moaths (6) is necessary. A signed copy of thclease m.st be providd b trc Torm priu to ocsupancy by auy tcnet ADy zuch lease approvcd by the fown shll !q equiwdt b the monthly ospeaes fm the co* of priucipal uc inmeet poymnts, axes, pr.F€rty fu|surancg condominium or hoqneownen assessments, utilitiei rcrnaining in onner's nmq-plu an $ditional tsr.nty dollars ($20) and a reascnable (rcfirooaHe) siurity dqosir Tbc rcquircarcnts offtis pangraph shall ncprccludethe ouner frwl sharing ocoryanry ofthe&opemy or unit wi$ non-owuers on a renut basis provided Owns continpes to mcct thc obligations contained in this Agrecarcng including paragraph lz. IN NO EVENT SHALL THE OWNER CREATE A].{ ADDMONAL DWETTINGI'NIT, AS DEFINED IN THE TOWN OF VAIL LA}IDUSECODES,INOR ONTITE PROPERTY. 14. 15. Tsrl ofVril VrilC,oomr P{r 7 of t4Mr*lDcrdnltbm 16. NOIHING EDnEIN SHALL BE CONSTRITEIT TO nEQUInE THE TOWN OF VIIL T{' PROTECT OR IITII'EMT{ITY TED OWNEB AGAINST AI'TY LOSSES ATTHBTITABLE TO TEE REITTAI,' INCLI'I'ING NOT EYWAY OF ITMITATIO$ NON.PAYMENT OF NEITTT OR I'AMAGE TO THE PREMISES; NOR TO NEQI'IRE TgE TOWN TO OBIAIN A QUALIHE' TENA$T FOR Tf,E OWNER IN TEE EVE!{T TEAT NONE IS FOTIND 8 TIIE OWNER EREACII 17. I! tbs ry$ttrst &c Toum has rcasonrble cause to bclicvs the Owncris vblatiEg tht provisions of&is Agracrncat, the Toum, ty its su&odzc{t ttprcscrttdvet rrry inspcctthc Propcny c Unit betweo the bours of 8:00 am" and 5:fi1 p.ut lvtonday tbrugh Flidry, rftcrpovidiag the Oumcr wi& no lcs tfirn 24 bous' vnittcn uailice. 18. The To*u of VaiL in fre errcot a violation ofeb AgrtEnrnt is dbeovu€4 shrll scod a amice of violatiou to thc Onrncr dcailing theaafirc of&c violdion md dlowiug ec owacr fiftcco (15) days to curc. Said noticc shall sEtc tbat tha Onacr rry rcqucst a hcaring bsforc thc Toum within fiftcrn(15) day* bdctcarinc thcncritsofltc allcg*ims. tfuo hearing is rcquesed and thc violation is not eur€d witbitr thc fiftecn (15) dav paio4 fts Ocmcr shdl be couidcrcd in violatim ofeis Agpcmcd. If a hcdrg is hdd b€fut the Tocn Hq$iug Arnhority, Se d€sision of the Toun basd otr thc rccotd of srtd hcadng rha[ bc frnal for the prpose of dctcrrrining if a violatiou has ocsuncd. If {he Toum dacanincs that thffe has becn a violation of &c occupanry sedaqds, thE owuerof&e rcstriced crrployce housing udtsbsll be bouod to be ia um-compliaocc" Pcoalties &e Town may assess agdnst thc owncr include clininating ressle gaio (pcr paragraph 7), and/orpenalties found in thc Town of Vail Municipd Code Sestiou 1.01.100. REMEI}IES 19. Thcre is haeby rcscnrcd to the parties hereto any aad all rcmdics providcd by law fot breaph oftbis Agreanent or any of its tenns. Ia the eveot fte parties resort to litigatim wi& respcct to any or all provisions of this Agreunenl the prwailitrg perty shall be cntitlcd to mcover damages and costs, iacluding rcosonable aBomcy's fees. 20. In.tbe ev€nt the Propaty or Uoit is sold and/or convcyed withorrt courp[atrce hercsrith, such sal€ and/or conveyaace shall be wholly null and void and shall confer no title u&atsoevcr rryon thc purported buyer. Each and wery coavelnnce of thc Property or Unit, for all purposcc shall be decnred to include and incorporatc by this rcfatncq the covensnts herein conained even withoutrcfenence 6sein othis Agrcfiretrt. 2 l. In the evcnt tbst tbe Owner fails to cure any bresch, thc Toum may resort to ary and all availablc legal aaion" including but not limited to. specific pcrfocnrance of ftis Agrcuncot or a mandalory injunaion requiring sale of &e Properry or Unit by Oumer as specificd in losrofVdl VrilCooms P{3 t ofl4 DodRt*furin 22. 23. I Paragraphs 3, I l, 13, ssd 14. Tbe costs ofsucb sdc sball be trxad againa the procceds of thcsale withthe bslucc bciDgpaidtotb Owncr. ln the cvcot of a b'rcach of aay of thc tcms s conditions conabd hcrEia by thc Ormcr, . bis hcirs, succc$nns G assig[s, the Toxm's initid listcd pruchasc picc of thc Prropcrty c Uuit as sa forth in Paragraph 6a of &is agrcc@.cot sblt rpm Sc .lote of such brcash 8s dacnniucd by thc Toqo, autmraically ccasc b incrcasc as sct out is Pangrsph 6 ofthis Agrc€NrunL and shallrcauin fixcduntil thc darc of clrllc of saidbrcach" FORECX.OSI'RE rFNlvtA-bpc fuaocing is usod to purc.hase thc Propcrty or uait, as dctcrmincd by tic Tocn" thc Toumnay, pursnratbtbat ccctaia Optionto Buy exccrncdaod recorded of evcn datc hcrsnith, ths Edrs ofc/hich art incorporated in this Aglpcmcot by this rcfcrcnce as if firlly s* for& hcrcia agrac to rlcas€ and waivc theh ability to afo'rcc lbc rcsalc decd rcs;trictions conrafurcd hercb in the ermt of for:cloeure, Ewidod thst ssid option to Buf grants to the Tonm and the Housing Authority, as &e decignec ofthc Tgua' the option to acquire the Propcrty or Unit within thirty (30) days afterthc issuancc of a public rustee's dccd to the holdcr (inchdhg assips ofthc holdcr) of the notg slcurcd by a first deed oftnut for aa option price not to cxcccd thc redcmptim price on the last day of dl stanrtory rcdcurytim period(s) and any additioual rcasonable costt insurr€d by &c holdcr during the option paiod which arc dirc*ly rcratcd to the foreclosurc. In the went that the Town excrciscs thc option punuant to the tffnts of tbat ccfiaiD opion b B,ry, describcd abovq the Tova aad/or its dcsipca may scllthe propcrty or uoil g Qrulified Buyen as rhrr t€rm is defrned herein, onrcct the Froprny or unit-o qualificd tcnants who meetthe inccne, occupancy and allo'thcrqualificatiors, csilBblishcd by the Toun inits Affordable Horsiug Guidcrincs untilsarc o aquunccBuycris effected. GENERAL PROVISIONS Notises, Any notice, conscot or apprcval which is required to be given hsetmdcr shsu begt]at by rnailing the sssre, c€rtified mail, retm receip rcqumte{-properly addressed and TP Fotniog fully prcpai4 to any address provided herein orto anysubsequect mailing- address of the parry as long as prior urittcn notice of the chauge of aaOress has bccn giveo to the other partiss to thfu Agrecurent. Said notices. conseuts and appmvals shall be sent to the parties hsreto at the following addresses rmless othcrwise notified in rvriting: To Declarang ,r* 24. To the Toum: Tom ofVril Vrtl CoqrmEs Prp 9 of l{ Seirior Horsing Policy Planner ,!hlr O*d n*ricbo ToOcloct: TocnofVsil 75 S. FrmngrRoad vsil CO 81657 Tobc dctrrnincd by a latcrrccordcd trrcrndsfum cocunhing €ar;h irdiYi&ral Propcrty c ttuit 25. 26. Etbibi$. Allqrhibirauc;hcdhcrcto(E:hibib"A'and'Blrcincorporatcdhcrcinand by this rufcrurccnadc aputhcrcof, Sarurabiliv. Whenevcr possible csch provisim offtis Agrcancrt and ay otba rclred dostrndshallbc intcrprrctcd insnch aramnersto bc \rslidudcrrpplicablc lan6 b'tilif ary pmvisi@ of aoy. of 6c fuqoiug shall bc iEyslid c pobibitod uodcr said ryplicablc law suchprovisions sbaltbe incftstirlctothe cxtcutofsrohiovatidity cpdibitim wi&or$ inrralidatiag thc rcapining trsvisims of such docttmcats. Choice of Law. This Agrecnrent and cach aod cvery rclated documcnt is to be goveocd aad consuucd in acco'rdaacc withthe laws of thc Satc of Colorado. Suecesrms. Except as othanrrisc providcdbcrcil, thc prwisioos and cowoanb ambincd hctlis shdl inrrc to rnd be binding rpo thc hcin, succcssot! and assigns of lhe partics. sestion Headiq$. Pamgraph or secticn bcadings wiftinthis Agltcnedt are ins€rud solcly for counc,nience orrefcrroce, and arc not iutcoded to, and sball not govcrn, limit or aid in the cusuuctim of any terrrs or provisioas ooataiued herein- [raiver. No claim of wsiver, conscnt or acquicsceocc with rcspect to ary prorrision of fris Agreuncnt shall be valitl against aay party hcreto exccpt on the basis of a witten insttuneot cxecutcd by the partics to this Agrecarcot Horevcr" the paffy for c,tos€ beaefit a coudition is inserted hercin shall harrc 6e rmilat€cal rigbt o waive such cotdition. Gcqder ard Number. Whenwer the contec so required hcrcin, tbc narter gender shall include any or all gendcrs and vice versa aud the use ofthe singular shall include the phrnrl and vicc vcrsa. Pcnonal Liabiliry. ownr agrccs that he or she shall be pcrsonatly liable for any of tbc transactictns conrteurplated herein, Fr!fther Actions. The parties to this Agreunent agrcc to €xecute such ftrthcr documcots aod take such finhcr aetions as may bc rcasonably required to carry ort &q prcvisio$ and intent of this agrcemeot or any agrcement or documeut rclating hereto or entcrcd iuto 27. 29. 30. 31. _32. Tolra ofVril Vril Coomrr JJ. }|F l0 of lil ltlrrrlDldn*bh 34. 35. t in conacctim hcrcrrrith" Modificrions. Thc parties o this Agncncot agrcc that aoy modificaions of this Agreeno shall bceffectirrcolywfun"lade by writbgs signed by bohpanies and rccordcd with thc Clcrk and Rccorda of Eaglc County, .Colcado. Notwittsaoding thc facgoing, the Toua rc$rircs &e right o anmd this Agrccmot 'nilatcrrlly wherc dccnod rcccssary to cffecnlar€ &e prrrposc rnd iotcot of6ir Agreacnt, and rvhcrc snlch nnilatrral acticrn docs not matcrially iE Fair tbs Owner's rigbs rmdcr tbis Agrecnd. osmcr end successors. Tbc t€f,m "owued' shall mean thc pcrson or pers@s wbo shsll acquirc aroumcnhip intcrcst infte hopcrty orUnitin compliancc withthet€rusand provisions of this Agremcoq it bcing undcrstood thu snrch pcrson orpcrsoas shall be dccrned an "Owucd'hcrcundcronly drning trc paiod of his, hcr or their oumership iDH€st in the Property orUnitand chall beobligatcd hcreundcr forthe ftll and coqlctc pcrfonnance and obsenrancc of all covcnans. cmditions aad rGstristions conaiucd hcrcin during uchperiod. IN WITNESS WHER"EOF' the parties hcreto have execurcd this instnrmcut on the day and ycar above first wriuen. Tos|| ofvril VrilConm 1l!! ll of 14 !ts:rDedR**rim DECLARANT: file: STATEOF )) es.conNTYoF ) . The fuGgoing iDstrumed was acknowledged befce mc tbis -dgy of l9-- by WiAcss rny hnnd anrl official scal. My comdssiou expircs:- Noary&rblic Tosl ofVril VdlColluor hgo 12 of ltl MrcaDc.dncgirioo t, Itc fqtgoing ttdastcr Decd Rcsaidion Agrancot ftr ths Ocsnpency aud Rcsatc of Vail Cmonsof tbp Torm ofVail rad is tErrs arEfurcbyadoptcdaoddcclccd bythc Tormof VsiL TOWN OFVAIL By Title STATEOFCOLORADO ) cor,JNTyoFEAcrJ i ss' Tbs fucgoing instmmcnt was acknowlcdgpd be,forc rnc this _ day of19- by Wibcss ny haod and official scal. Nobryhrblic Torr ofVril V.ilConmor Pal 13 of l{lrrs lrrd tcitrieo . EruIBTT*B' Pcrntttd Crpitd Improvemcna l. The tenn ?mdttod Capial lnprovcmqd'as uscd intbc Agrecrnart sball only itrolsdc thc follorving: a. Imprrovanents or fimres crectcd, iostrltcd or anachod 8s p€Nmaocst, ftneOmat, rordeoratirre inpmvcrncnts b r€at psopcrty, cxclnding rcpeir, nplaccmat rnd/m meintcoance inpmvemcnts; b. &nprovemcnts forcnergr Gd wBucmscnrstiou; c. Imprcvearcms for health and safcty protcction dcviccs; d. taproveureas to add aod/or fmish pcruruent/fixcd soragc spac* andlc c. Improvcnrenrs o finishunfiaishcd space. Z. Permittcd Capital Improvements as used inthis Agrcccrcnt sball NOT include 6c following a. fanOscspins b. Upgradeslreplaccmcots of applianccs, plumbing aud mechsdcal firturcs, ccpcts and othcr similar itans includcd as part ofthe origiaal constnrction ofthr uniq c. The costofadding decls andbalconies, 'nd sry er$endontbcrctot d. Jacuzzis" saunall, steam showers and ofter similar it€ms: e. lnrpovernen8 required to reRair, replace aud maintain existing fi:ruues, rppliances, plumbing and mechuical fixures, painting carpctiug ad other similar itcns; aud/or; f. Upgades or addition of decorativc itenrs" including ti$ts" window covcrings aad otber similar itsns 3. All P€rrnined Capital lmprrovenreot itecrs and cosn shall be appmved by the Towustrff priorto being addod to the Maximurn Resalc price as defincd berein. FW Twn of vril Vril Coorroor P{r L of la liurr Dord kericftn t' MUUORANDT'M OF ACCEPTAIYCE FORDEEI' RESTruCNON ON OCCI'PANCY AND RESIII.,E IIEEtrT RESTRICTION, AGREEMENT AND COVENATIIT RECITAI.S: TYTIEREAS,thc Buycr, is purchrsiug t@ tbe Sellcr, st I pice of $-_.. 8 condmbnun '-;t dcscribed as: I ' alsohowaas Eaglc Comty, Colondo; aod WIIEREAS. thc Seller of that unit is requiring, as a prcrequisib to the sale Fansaction, thatthe Buyeraclnowlcdge aadagrec o thc tcrsrs, scnditious aadresrictions formd inthosc ccrair iusnncnts atitled t"The vail cornnons lvlaster H Rcstriaio." fu the ocupncy aud resalc of Vail Co'tnoos resorded on iDBook-stPagg_ thc records of Eagle connty, colcado ad tbc Tocm ofvsil Enployce Hosbg cuidelhcs adoptcd bythc Toum ofVail Tonm Cormcil NO% TIIEREFORF,,as an induccmeato ftc Sellcrto sclltbemftnncedudtthc Brryer l. Achowldges thstthe undersigedhas carcfirlly rcod fte eotire MastsDegd Rcsruiction, and the Towa of Vail Errplryec Horsing Guidelines, has had thc oppornnity to cousult with legal aad finaocial cormsel concerniug therr ad fully undcrstands thanr. 2. Hcreny scccpts thc Master Decd Restristion as rccordcd above, in its cotircty, wift thc &ilowing changcs and/or additions: a. Date of the Agrecmeut is agreed to be _(page l). b: Purchase price is agrccd to be $- (page l). . c. Squarefootageofthe Unitisagreedtobe_(page l). d, The maximum.sale priee, pusuaot o Sectioo 6(a) is agrccd to be VailCommons ToftiofVail Pgrlofl hdividrl Mcro of AccArrs (page 4). t c. TbGbtalanotmtofPcrmittcdCagiallmpnvcmcatrrputsusottoScctio {e) is a$cadtoh $-(pagc4}.f. Noticc to thc Buycr, pnsuant to Scctioa 25, sbottld be scot to (pagc I l): 3. Dirccts that this be placcd of record io thc rcal cstete rccords of Eagle Couaty, Coltrado. IN WTIT{ESS WIIEREOF, thc partics hcrcb haw cxcctcd eis instrumat of thc day aad ycar first aborre nnithn BTIYER(S): By: STATEOFCOLORADO )) ss.couNTyoFEAcLE ) The forcgoisg iusrument was acknowledged before me this _ day of_.rl9-, by WIINESS my baad and official seal. My cornrnission ocpires: Noary Public Br': VailCommom . Town of Vail Prgn 2 of3 hdividd lflo of Aaacpcacc ACEEPTANCts RY TIIN TOWN OF VAN. Br Andr€s, [,f. Krrudsco" Scnid Ho$ingPolicy Plann€r Dstc ' STATEOFCOLORADO ) ) ss. COTJNTYOFEAGI,E ) Thc focgoing insffimcilwas acJoowlcdgcd bcfore me tris day of l9_, by Ardrew M, Knudtssr. WIINESS my hand aud official scal. My cmmission acpires: NoaryPublic ,1ry.\.la!,t'tEuffiry VailComnroos Townof Vail P4s3of3ldivlill MqrcofAccca.ea THETIOWNOFVAIL EMPLOYEE EOUSING GI'IDELIITIES Toro ofVril Enloycc I lourire Gqi.ldi!.s Pqr I of l0 o L PT]RPOSE The puposc of6s FmFtoyce Horsing Guidclincc fCuidclincs") is u ra for& thc occrryrncy rcquinuentqretele pmccduru, rud rcsdcprlcc tlmttrtlone fctbc TowuofVaildesd rcstrictdfc-salccqlrycehosiug AdditioslinfomatimpctriningOenFhyellusing Uaildccdrcscictioscm,bcfoundinthcaplicnblc "IrdastaDcodRcsrictimAgrctnd G}c* ncsUctoa) fu thc ocnryancy rod resalc of cstain pojcsS ruch as Vail Cmmcns. Prior to chsings 8r''riloycc bousing tmig thcoumcrmstsigj adccd rcsnictionwhieh willbc recqdcd at tbc cloei4g r"d.whicb qdll ru witb thc Fopcrty in pcrp€trity. U. MAXtr}TT'MNESAI.EPBICE Aao*acrmay dcsire o s€U adced-rcstictedEnploycs ltroruingUnitprovidcrlthatthencalc price andpospcctivcpurchascrmcctthe staodards of thc Guidclincs and thc dcedresristim Rcsale pricc may not excccd h Tbscigioalpdcephs8. An incmmcnt c$ralto 3% p€raoumofthctriginlpurchsse pricc firmftc dalc of prnchase (prorucd at the ratc of 0J5% for cach wholc mmti of any put of uy ycar)phu C. Tbc nahrc ofcapialingo'veoccts(ircludingpofessiooal Edrlcct's fees)nrdcb 6e Feplo!'ce tlorsi4g UEit ac cxcccdiag l07o of6c original purcUase prica Fc evcry t€o ycds ftm the dae of origilrl Ftrch.Es md dccd restictioq anothcr tcn prccot of the purc'lasc picc may bc ad0ed to 6e vatuc of &e property fon capiAl irnpovcmennsphsD. Thc rralue of any spccid assessncnts mrdc by a hmcoumcds association 6r by a local govcrnmeat rtet have bcca paid by the ovmcr. Additional detailsregadingresale valueas well as calarlatfunmsdods arc provided in the dc€d rcsriaim. NL RASAIJ PROCEDIJRES Tbe dccd restricd rmit must be listcd for sale with the Tonn ofvait. - L . !.tctingthe unft wit[ tbeTowl ofVelft Steffdutiee 1. An owner of an afrordable housing Bnit desiring o sell should cmsult wiih Toun staff (Housing Divisioa) andrevicw 6c HResfrictior cormbg thc unit to dctennine the maximrm sales pice pamittcd and otbcr applicable provisious conccruing a salc. Uuless o,thcrn'isc providcd in &eH Res'Eiction, the unit must be listed forsEle with the iown asdtbe Twr of Vdl Elpoovcc H.'ri* Giddilct Prp 2 ofto To'c/astaffmir dcsigncc will administcrthe salc inaccordaoce with&s Guidelircs b cffcgt c tie timc of listilg Thccc shall bc a miniarura listirg pcriod of fucc Eoofu bcfoce a uait's pice cao be rcadjustcd" Any tecainatim in tbc listiag nay rqiuirc t[e pynrnt of drniqirtgtivc aul rdvcrtisiug costs. 2. lts Guidclines are incadcd o asnnethrt ALL purchascrs and AtL scllcn will bctreqcd fairly udirnpudslty. Qtrc$ims $ill bc answcredrrdhelp pro,videdto ary potc[tialprrchls€tls mscllcrs cqually b accoadrncewith tlc currcat Crddclincs. L&thgs, salcc cotrillsts, extcosioos b cmfiists aud closing docurncots win be gcaarcd ad aU scti@s Bpccssary to consuurmrrc the sale sball bc rnd€rtakn" 3. ln pursnit of the abore" thc staffwill bc acting on bchalf of the Tona It shorld bc clcarly undcrstood by and bcntecn aU pstics to a salcs trasaction tbat the statrDcmbcrs are rct astitrg as liccnscd brokers b ttc tmssa,ctioD, bnrt asreprcscntativcs ofthc Towu and its intcrests. thcy ch8ll nwenheless aftenrptto hclp bothpartics cosurnmate a fairmd cquitable salc in accordance with lhc thrn qrrrnt Guidelircs. 4. AII prchascrs aud sellcrs arc advised o con$lt lcgal couscl rcgnrding exmination oftitle and all com?ce,8gttsnEnts andtitle docunm. litc tttention of such cousel, liccnsedreal esre btukcrs, or suchrelatcd scrrriccs, shall bc at purchascr's c sellcCs oum c*pcrsa Thc fccs paid b tbe Tona are to bc paid regnrdlcss of any astios or scnrices that the puchaser or seller may undcrtake or ecquire. Advertising the ssle: bid periods l. AftEr a unit is listed for salc with &e Town, the Ton'o, at its eryeosa will araDge to advcrtise thc unit fc sale in trro consegutivc Friday cditims of the Vail Daily and the Vail Trail Whcn a unit is ftst lisred, thcrc is aa initiEl two-week bid period during which the rmit will be advertisd wift two opeu house dates when the mit rnay be viewed by iutcrcsted puties. The initial two-week bid period cnds ou the Friday after the sccoad yrcck of advcrtising. If no bids are roceivcd druing the initial bid perio( thccc' will follow consecutive one-week bidpaiods. cnding ou'Friday, until the unit is sold- 2. lf rnorE than oue bid is rcccived druing any bid pcrio4 the bids shall be priuitized according o the lorery criteria oftbe then-currmt Guidclincs. If more thao ooe bid is in top piority, a lottry wil be held and the wimcr Tom ofVdl Erpblrc Hq$rg C{kldimr l4c 3 ofl0 will bc lotificd" If &s wircr oftbe lotcry doca rot procccd to contact within fiw hrsincss dsyE rsrudificdio& fte act ia lirc will bc ldfd asd so m, rntil thereit ituudo coutrsct fdpurchssa Brck rry cmtrscts iB Sc piority qdcr sa for6 h thc lotuy wilt bc rccqed" noapccAw pucUrcn nu* bc praqgalificdby a tcadcrpric o submiting a bid for affotdablc housing, l.lgmcs of astbhist lcodccs ue' rnailablc &m thc Tmla Torn stafwill bc arailable to rssist htEcrtod partics wiethcpnchasc procodue audb oswcr auy qucstioos abou6c Pmccss. C. Srhc rnd OtherFcec: t. Unlccs othcrwise sct forth in the DcedRcsticioas cowritg thc unig at 6e cloaing of thc sala &c scllcr will py thc Tmrr a salcs fcc equal b trpu (2) pcrccat of thc salcs pricc. Tbc Towu may insasd th! titlc cffipey to pry ssid fe€s o the Toum out ofthc firnds hetd for the sclla at the closing. Uulcss o'lhcrn'isc spccificd ia thc Dccd Rssaictim, e ons.half pcrccnt (raolo) fc€ is.psid by thc Sellc ar the tinc of listing; cAich is ryplicd to 6cbbl sale fcc payable ar clooing ln thc cvcnt ttrt thc scllcr tiils to p€dcn ud€r trc tisting coorract, rcjccts all offcn at mrximrm picc in cash or msh-cquivalcdtcmq o Snrld withdraw the tisfiag afrcc advcrtising has smrrtaccd' that poctio of thc fce will uot bc rcfindcd. In thc cvem that ths reilcr withdracn for &i&rre of auy bi& to be rcccivcd at naxirrum picc c wift acccpUblc t"rrr& thc advcrtising aud a,lrniniqrntiw costs ingtlrrcd by thc ToqE "Mt be dcductcd fim tbc fta with thc balaace crcditcd to thc ouncr's salcs fcc wh€o, the propcrty is sotd. Z. FcdcralNationalMosageAdniniscEfion(Fi.IMA)typcfinaucirg provisions are thoc wbich p'rovide, anoag othcr thiags fm the rcmoral of' the Dced Rcsuistion on 6e rmit upon focclo$ac of the mortgagc if thc To*a docs not cxcrcisc iBoptim.oprnchasethcunitwithil a spccifiod time following forcclosrure. Unless othenrisc set forth iE ts Deed Rcstriction covcring &c uuil upo the initial salc, nsare orrcfnancing of units c,hsp FN[,lA+jpe fioarcing prmvisims are used (thc use of wbich shall be at ths solc dissetion of the Tom) thcre shall be -t ll4o/o fa charged by fte Tounr. Tne fe shatt be peid by the mortsagpr; shsll be based on the amount of thc rnortgage; sball bc paid for each mongage ttnsactioo; aod shell be depsited intbe Touamortgage resenrc find acsoual Iftbc fec is paid on a rmit and the rmit it subsequca0y refaancc{ the fee shall mty 4pty tottamoru ofeerefraanpcd morteage geat€rthm the initial mortgage rryon which ihe fee was initiatty Torl ofVril Eabyc Hcri4 Gulldiocr Fgorl of l0 IV. collcctcd" Thc asrormt ard sdequssy of the fcc aad thcmortgage rcscrue find shalt berevicmrcdrarrnllyrs putofthcrwiew of frc Guidclhcs. D. IlrcdRcctlcdon: fhc pgrctrscr a11$t €xcortp, in a fo"rr satisfactmy tothc Tovm and for recqdirg with thc Eagle co|llty clcrt coacurrert wi& tbc olosing ofthc salc, a doqm|lot s€llnos'lcdging tlc purctascr's 8grecacot to be bornd by (t) thc tccordcd Dccd Rc*rictiou covcrini ths rale udt ssd (2) the &co-crrrnt Guidslines. RES.ALE LOTTERY CRITERIA Thcre are fiva basic etigibilig requirencms which mg* benst$orto oiudivi&rl srbmining a bid to purcbase an coploycc housiag uair I . Tbe aprpticaot must igtEod b usc thc unit as hidb3r prinary residcnc6 gsl rndntdn it as his/hcr primary residcncc in thc firurc. 2. Tbe applicam mrst be cgnently coplrycd at a bpsinss located within Eagtc Co||ffiy which bolds a busitrcss liccnse with &e rypropiatc jurisdiction (Town of Vail, Town of Avot, ctg.), mr5t be arploycd an avcfagp of 30 hours caph ctc€k mananural basis, aadmustmaintainthis lcvclofcrylqrmcu foras long ashc u ghcownsthptmit 3. Fc rhe A asd B (thce bedmom) usits at Vail Connmg the applicant must have ahouscholdsizeof3ormorepcrrons. Forthepurpoocsofdetcnnininghottschold size, applicantsmay include allpersons relaredo theapplicantby blood, narriage u adoption. Ifthe ap'plicant plans to include depcodcots, thcy rnust bc listcd oa federal incmre tax fornsandreside in the housebold atleast sixrnmths andme day out of evcry 12 mon6 pcriod of time. 4. The applicaot may not own rrscaut laad orresidential real estate in Eaglc County at the time of application. If the applicant cuntndy oums a home iu Vail" the applicantmay deedresrict ad selt thatresidenee fm'boaus poin6" vfrishwill povide him or herwith a higbastauding in the loccry process" 5. Tbe applicautmust be peqrulified wi& a mortgage lcndcr. Once basic eligibility has beeo met, thc qualified penonG) subnaitting the higbest bid picc (aot to cxcecd the maximum bidpricc) during abidpcriod shall harrc the ftrstrigbtm acgotiete purchase of the unir If two or more qrulifred bids are submitted at the highest B. Torya of Vril Erploycc Hounq Gdddimr Pqr 5 of t0 bidtricc, tbsy shrllnccfitepafcrosc udbeprioritizcd ftrsclccti@ ts trc to'p bnfiEr brsod m thc hig[cst scorc rshg thc critccis listcd bclow. Ea61w of tcsidcocy aod qloyncot in r€c Comtf will ccnmt as onc potut in aacrahlng thc tsal scd€. tfdeitimat polm will bc dacmbod as follows: 1. OlrrcataadcoscqnivcycanofcmploymentinVait shallbewuigbtcdat3:l ovcr solscelltive ycars of coployacd clrcehac in Eaglc C@y 8d hiffiicsl c''tnloyocc in Vail imcdiarty preccding ouscsdil,G tnployu€ot clscmfrcr€ itr Eagtc Coutt', 2. Qmt aod omscnniw ycars of rcridcnct ia Vail $8ll bc unighbd at 2: I ovcr ooorcativc ycrs of residcqcc clscphcrc ia Eaglc cornty rnd hfutcical rEsidacc . in Vail imediatcly prcccding corscgrtir/c Esidcncc elscwhsp in Eaglc Cormty. 3. A bmns of 20 points will be included for rlecd reserlcting a Vail rcsidcoce ud sclling it as it wilt rcnrlt in a uct gain in local's housiag. Notes: l. 2. 3. Toso ofVril Ealotc Hodrg Griddilc. 4. 5. Yourphysical place ofresidcne and crylqmcnt is wht counts, not the rnailing addrcss. Enplqrnentphysically locarcdoo Varl Mou!ilain $hall bc considered insidc thc TwaofVail FnFlqment rcquiring urotk to bc courpleted at locatiotrs *@{itC' trroughonil Eagle Cormty (e.g., coustnrction sitcs) shall be considcred orssidc thc Town of V8iL Scssonal worlc and part time wott sball be counted on a prerata basis. Scasfid work and part timc work alonc Day trot be adequatc to rneet the 30 bourvwce& avazge annual rcquiruneur This type of work ncy need to augrreut other cmplqmrcotto mect the rninimum eligibility. Fcthc purposcs of detc'minhg thc standing of each appticag eac-h year of rsidcnry (or eoployrnent) rcflect one point Fortbc portioo oftime in erccos of a cmplete ycar, thc Tollu will round to thc ncxthighcst mmbcr ifthc timc *cccds six months and oae dey. tftbc tine is less then six month& thc Tocn will round doun. Given that thc tiem will gmry indivi&als with similar histmie, half ycariucrunem are not likcly to distinguish lottsy applicana from onc anothcr. If two individnls ue applyrngjointly, the yean of enrploymort aod/orresidcory \r5 ofl0 shslllotbe cmbhad Tbc single indivi&nl wift the lougwtrecord of qloymcot aod/orrcsidcncy shall usc his m hcrtlcod for thc prposcs of eacoting lotrgcttity. Psrms who mmresidcnccs tocatcd iu Vail or Eaglc Couuty att&c time ofthc lonry appticcim deadlin€ aream eligibla An applicant ufto on'us a residcncc in Vaitmay becomc etigible m4 in fact, receivc bonrs poids' ifhc or shc agrtcs trt' rpmsclcctioo, hc onshe will dcadrcsfiict$e Vailrcsidcaceaod will conpl@&c s81c ofthst rgsidclrcc befrre or sinultancously with tbe cloaiag of tbe purcbasc of thc snploybe bousing unit AII clains wi[ be verificdby Towt ofVail staff. Clains ofrcsidcnce or clnplqrneot &atdo not chcck out or arc u-vcrifiablc will aot be couutcd in d"lcrniuitrg yorr tonge,r,ity. v. occuPAlrcY REQI'IREMENTS OuceanEmplryeeHousing Unithas bccnpurchase( itmustcootiurcO beoccupicdinamaucr which is cmsistent with the goals.and policies of &e To*t of Vail Housing Prrogram. The purchased F,rnployee Housing Unit must bc owur occrpied by: oAn einployee. wodsiug in Eagte Comty who worts au average of thirty hours per wcck on an annual basis, oA retircd individual sixty ycars o oldcr, wbo bas wo*cd a minimum of five years in Fagls Qsunty for an average ofthirty houn pcr week on an ennual basis. Notes: A leave of absencemay be granted foroneyear, subjectto clearand cmvincing evidrnce which shows areason forlcavingand a commirncctto re0rntothe VaiVEagte Couty arca may bc approved by the Town. Said evidencc shall be in writtco form prcscorcd to lhe T.orlm for rcvicw and rcconmeirdatioar 30 dayr prrior b leaving. Thc Leave of Abscnceshsll be for oae year and may, at tbe discretim of the Towu" be extcnded for o'ne ycar, but in no cveirt shall it orcccd two ycars. The udt must be rcutcd during said year u years to rcsidents who corrply with occrryaary requiraneau. Renul paiods shsll be oot lsss rhar J0 da/s. After vcdficatioa and qualification of tenao(s), a copy ofthe excfld lesse shnll be furnished to the Town. Toso of Vril Elrpbfcc llosmf Cuirtdioct 7. fu17 of l0 fftbc Eryloyce Houing Unit is lidcd fs salc rnd thc sqncr rmst rclocstc to ruorthcr scs' thc rit nay, upm appnorral of thc Tocla, bc rmd gic o cmplcim of the ratc to pcnms nto cooply with tbc occqaucy rcqutcucos. A lctiErr@st bc scotto &c Twa ofVail Honsing satr tcqncsdrg ecnrisdlm to rcot &E !!it untit sold- A lcgc of not lcss rhnr (O Ermtrs nnrst bc providcd to frs tcnsors wfe r si*y (dl) day uotre od clausc qon amificuioa &st ftc rmit is sold. Co*ipcm may bc dlowcd but shdl not occrpy 6e Eituolcas the occr4anry rtqrdlcnds ofeis scction art mcG vI. ANNUALVERITTQITION REQT]IREII PENALTIE$FORVIOII\TION A. No latcr$'nn Fcbnrary lstof cachycar, thcocmcroftbcrcsEictcd crnployce borsing rmitshrlt srbmittrro copies of ar4orf mafmmtobe oUt*ncA tontc Cmrnnnity Dwalopmcot Dcpannm, b the Toum of Vail lfousiag auhority and thc Town of Vail Cmmrmity Devclopnat pegstmcot nui&ing 6st thc dwd$lguit cootiaucs to be owner occrpicd iu accordaacc witb Scction IV of thc Guidelineq rhat thc ocorynt has nodrcd Sirty horn pcr urcck for ee puviousy€r, ed nhcre thc mcupant bas wor&ed" B. If 6c Towa dccobes that rhcc has bcca a violdiou of &c occopaocy cmdsts,thcow.crof&erc*iacd eqlqrcc.boruinguit sbal bcford ti uc ia : nmcoplianoe. Pcnattics &c To'panay asscss agrinst6c oq'trcr ircbds c&nfutnq,ry4e gain and/openalties iounn b Ac fo,c," ofVail Municipl Codc Sectior 1.01.100. Any misrcpncent*ion by au applicat h subrrital nai:rhf shs1 dfuq.alis' thc appricant to* prrrchasiog arrnpfryce lrorsing unit. vn. suBMtrTALRgQtrREMnVfS In cojuncticn wiftcornpleting an applicatioa to purchase ao Eryloyce Horsing unit, the aeelicant shsq prwidc, upon request uy the Toqn, thc followingiocrrarcntatioias proof of reridenry and einplqmrent A. Fcderal lucome Tax retum forars, Applicant must provide the last forr (4) ygss of Fdcral Incqne Tax Retuus, aa alaitea gnanclat st"t"*eot, c a""eptatie documonrion to thc Town. B. vcrification of cuncot errployment in vail or Eagte couuty (i.e., wage sftbs, alployernamc, address and phone number or otcr appm'prlate documcilffim ts rcquested by the Towu). Tora ofVrit Enebrcttardryftiddhg frp t ofl0 Irsdlord ./crificatioc (prmf of rcsidcocy, pbysical addnss). Valid Colorado Drivds Liccnsc (addffis, issuc dsE). VotEtrt€gistation- PlcaseaotctbatindividuslsnilstrcgistaasVrilvotcrswi6in thirtydays of closing. D€Posits fcdownpal'rncnt sball bc vcrificdbt'theboldcrof nrch finds' Any oo.owacrship islslpg 6!s rhm joint tcnocy u mrncyin'oomarm tru$ bc approvcdby the Town. Signcd autborizstioq ftom thc appticant allowing Sc Town of Vail b discnss dctails with ap'plicad's cmplryer. Ary docuner$atim vftich the Two dcans accessarytomslce adctominnim' WN. TORECI,OSURE The Town of Vail (the "Toua") may, purslrant to sn tgtccurent €otered fub in coonpEtim with aay fint tien deed of trust u morqagc b bc seolred fortte afuable hansngunig agrce O release and waive is ability o cnforce &c rcsalc rrstrictioas comincd hacin in thc cvcrt offorcclosurc. providcd that such agrccucot grd to thp Town Council sd Housing Arthority, thc optioa o acquirc thc a,ffmrdablE hmring unit within 30 dsys sfur thc cxpimtioa of the stanrtory rcdonpim period fc an rytiou pricc not to exccod thc rcdcrrption pricc on ttc last day of the rcdcoptiou pcriod Tbe fonoring optioa provisioas sball bc included in lon donncnts, or in a scparatc agreem€nt enrered into in cmnection wi6 loan docrmreug, and shall be executd E the lender. thc Town Couucil, and the Authori$r "In lte evcnt ofa forcclosure by the holdcr (including assigns oftbc holdcr) ofthc plomimory note secured by a fust_dccd of rust or mortgage m fte affordablc housing unit and subject o the issuance of a public trustee's or sheriffs deed to the holdcr . foilou,ing thc expiratiou of thc bonroweds rcdearption rights, &e Horsin-g Authority ofthe Town ofVail ("Autlority") and fte Torm Council of the Town ofVail Colorado (the "Iolvu Council") shall have tbe option to puchase thc affordable housing rmit, ulbich option shall be exercised in the following matrner: A Notice. The holder shall give notice o the Ar*hority aud thc Towa Couacil that a certificate of purchase with respect b the affordablc houing unit has been issued to said holdcr by the Public Trustec of Eagle Coudy. Such notice will be given within l0 days of the issuance of the certificate. Noticc shall be deemed giveu upon being placed in tbe U.S. MaiL frst class . postagc prcpaid- andaddressed as follows: Ton ofVril EttPbY* Ho.dlg Guiddi.cr h., 9 ofto c. D. E. F. G. I Tonn Mauagcr, Toqm of Vail 75 S. FmoageRoad Vsil, CO t1657 od Chainnao, Hosing Ailhmity of thc Town of Vail 75 S. FrmagcRoad Vail,CO t1557 First @im" Tbe TocD Coulcil shsll h$rc 15 days eftcrthc opirAim.of the bqmqrds safrsry dghtto rcdcsn in wti€h o cxcrcisc its oF6@ by tadcring to thc holdcr, in cash or ccrtificd fiuds, an uount cqrul to the redcmptios pricc which would havc bccn rcquircd of thc bmwcr m thc last dsy of trc rcdAtion pcrid Second Optioa. The Arfiotity shall haw 15 days aftcr &e cxpirarim of the Tonm Councilb option as set forth abow to cxercisc ic optiou o purchasc thc a.frordablc housing rmit by tendering to ftc holdcr, in caqh s ccrtified firnds, an unolat eqgsl to the redanptionpdce urhich es bqronrcr would harrc bcco requircd to pay ou the last day of thc rcdenptionpaiod Title. upon reccip ofthc qtion price, thc holdcr shall deliver to ci&crthe Autbority orfre Toun Council a Special Wanaaty Dced conveyingthc propcrty to eitherthe Authority orthe Towu Couacil. Titlc shall be mersbsutablq free gnd clear of liens and encrnbranccs which wudd rcodcr title unrrcrchantable. In the cveat tbat ueithgthe Authority or the Town cormsil cxerciscs its rcspective options as providedabovc, &s Au&ority andthc Tovm Council shall carse o be recorded intherecmdsofthe Clerk andRccordcrof Eaglc Cormty, e firll and conplde relcase of thc covaaots rcsticthg such unitto AfrodableHousingusewhich appeariusaidrecods in gook t I !"e" ( ). Such.releasc shall bc placcd of record within tbrcs days 8ft.r dcfirand &erefore by the holder followiug &e apintion of tbc optims." For additionat infomration, contast tbe Housiirg Division ofthc Town of Vgil Ocgtnco of Corunmity Dcvclopmcnt B. D. F:bvcryouuady\95-rdoir6UIDEL}6 j0a Tot! ofvdl Eryloyta Fcd$ GuiOaims t l1r l0 of l0 MORTER ARCFIIIECTS UNITTYPES o EAGLE R{VER WAT€R AND SANITATION DI$TRICT PAiTKING SPACES INDOORS guTo()oRS TOTAL 1 1 I z 1 z z,2 4 1 2 I 1 z E ? 1 2 1 E 2,l 4 I 1 z 1 7 t a DEDICATED UNIT $PACES OEDICI\TEb GUEST EPACSS r-iF-*-] 6 TOTAL FARKING SPACEST-*-E-I 2.fE rpreasluhlt 'lo -To I L- UNIT INFORII|ATION 1 f,t1'{ , 711ry TOTAL P.E4 Pf,oe 1 J. ;AI L, €-tr^-F*=--Hk;:-u=*:trr*rsFhx ib5 . -rll'1. rtHrdo tHglfu*i+fao' F{xt $ il?B{fi July 5, 1996 ftEr fudSur**mcllouriogPraic+t tltar L:ooserd llq,gless; Tbe Bomi of Dincnsrr gfth Esgh lUvlf Wltpf 8d Smiffiistr Disttidtiffitoil you s IttsDd i nctghbfttpd $eedng oo Tu*=dar,,l" Iuly t 4 rt 4:flS.rn- ln lb! tvdtEf KiIEh Ronfi4 llfutsict Odsgs' t4d Fsrd ipad' vsil. Tb* prupmcf fu me€ting i$ to rcvicwtfu m@rnl glru fot th Rsd $udmotu l{oudsg Proj*t tt*l aceive iftput ftlm tia €qmrtunity. . AtEhEd b a&rj* Foct $rc* madvim taorr o'fthc*tsnnnffie Pmjtcs Ttank youftryoutsthsliffi to thit naner. $fnccrely, SASLE RIVERWATER E SA}.ITTATIO}{ USTRICTtffi DtruirGelvlu CrGrtc[st lrtanagFr v!t$eF. W^STEWAIER rJFtFqfio{r & u^iutrittfir shfitts (ld- F! 11 !r'r'L.{.;lrtrt| | !:r'r\l: . {'! ( N Pr.'terJannr jshn & ClfflotrE Kinberlin NoffisnJ. SirEsr F€tsr Jildrrr Ascosi$cs, Ins" 1300 (}{k Lswn A}Tfi$c 345 Norb Maple Driw lO* S- Fnrnt+gs kl, $uit* 204 $uib,703 $rite?85 Vail,CfJ tt$s? ncllm"T$€N ?S?tO tlcrtdy tlitb,CA 904t0 llotrgks t). Mrir, M.D. Mr. Jf,ncs BclE lhc tlanonbl+ Jobn $lcun Pedlntdo Oardiotu4r lrirct Prcfcetian Corforaiorr Unihp $tder $cr:stor zmFirEt$trcct$W 641 IskeStsEet,SuilezlS Wiwhirretu+D-C.2ltil$3501 Rochcstrr, MinuewA55905 Weylab,MN 55391 l.eny Berus* Mr & Mr+ €lnb vriglrt t{ad & Chriltic lladrtl Ctro t8illt6ffie&ffit8lE crblhstw€thtftFft _ $9{rR*ds|fid*t$fle(lirbh | 4I F* Memllw llrivg suitc .lfl 100 Ftrt rTt*'n* FhFs, r'B'nvt 2770 vtil, co E I 65? vsil,Cl) st6t? $AndrtOne C.reek (llub .tu*hnts llukCrndoru'niunu hffitftre Cgndp6inigne ds AmE ti{rllirm ctoEills*Ectd r/s Niuo-Anfuoy Ltfid*rdi 1ff20 Vsit view Ddr€ m,ff* letl VNit Vie,n,lhivc vail'co tl65? Vai[ COSldSg Vail, CO81d57 Cothctrrrood Psrk lbwrbonce AsJx* ftor (Jondurniniuor Gsotgs aud P*ni Nclson do Russ Hrtnrlr doKcrrf $ndtr Suf*rr filhDl 6200$. $ynnuse lYay, #435 r.O. Hsr( ttrt vEil, (:o*f 65? linglswgod, CO 601 l l Vsjl, CO El65S =@\P lq{O '?wt'( r--ss ' *ffigc and Petti Nckun Ftt:s uri- elprr.On-d. {s 1.{t r?g} (.) P.O. tlort?t S,oo"d <sr( J')r*r*c-{=ra l,u&$rMlt5t0t3.'fl02t Qctr*-r.J i J*rrt tTtct.'lftf ..l*fin teff.J..''a- tCrl#r&dtordlE!+l$.ryhit tr!.UFH tlltryr, 30'd e Tfi',11.! if! r{ qri tiir !fit f:1ifir'.r I i":nr'\ ^r a \t The following informadon summarizes the major features of the local's housing project that will be P-roPosgd for the Eagle River Water & Sanitation Disrict's (formerly tbe Vail Valley Consolidated Water District) Red Sandstone parcel. Plans for the proposed projei:t are at a conceptual level and to date no fonnal development applications have been suUmiaea [o the Town of Vail. As such the information below is pretiminar5; ?rnd subjec to change as plans are refined over the coming weeks. Project Developer The developer of the project is the Eagle fuver Water & Sanitation Disrict @RWSD). The Town of VaiI is also a participant in the project. -The Town will provide a portion of the land for the . froject.denllty of I I units per acre -( I 8 units -on a total of 1.6 acres. Unit mix of 6 one-bedroom. 6 two-Efroom ano@pproximateunit ctively. Project Site F9 Pto:g., site consists of nvo parcels of land which total 1.6 acres. The parcels are located along Eed Sandstone Ro-ad opposite the Potato Patch Club and immediately north of the Aspen Tree Condominiums. Of theiotal site area, 1.4 acres is cunentlv owned bv the.ERWSD and .4 acres is currendy owngd by the United States Forest Service. This'.4 acre paicel is parr of a larger tract of land that is to be conveyed by the Forest Service to the Town throdgh a hnd exchange.-This land exchange be-ean in 199.4 and is expected to be completed by the endof this year. Upon completion of this land exchange the .4 acre-parcel will be incorporated into the ERWSb parcef and upo'n completion of the project the 1.6 acre parcel will be conveyed to a homeowneis associatioir. Existing Zoning Both.the ERWSD parcel and the Town parcel are zoned General Use District. This zoning allows a variety. of uses subject to the approval of a conditional use permit by the Town of Vail Pl-anning and Environmental Comraission. Examples of these uses inilude public and privare schools, churches, public thearcrs and parking faiilities. utiliry installations includine water and sewer treatment plants, helipads and Type itr and IV Emplbyee Housing Units. - Proposed Development The design of the project is beiug handled by rhe tocal arehitecrural firm of Morter Associates. Conceprual Pl-ans for the project include four buildings and comprise a iotal of l8 multi-family units. Major features of rhe concepmal developmeniplan includi:: EAGLE RIVER WATER & SANITATION DISTRICT RED SANDSTONE LOCAL'S HOUSING PROJECT Project Fact Sheet July l, 1996 unit includes either an over-sized one-car own to re-zone the site to the Medium -.. I ne concepNal plans are rn compuance wrth allitsargly. (MPMFI District., The conceptual plans are in compliance with-lJ standards of this zone distrftt and it is anticipaled that no variances will be I requested as a part of this proposal.S,lt n,; { A^V-* \ I o Buitding design is characterized by a composition of one to three storybuilding forms with flat roofs. This "stair-stepping' desip allows for visual interest and variety in building elevations while at the sane time maintains a very low-profrle building. The majority of each building is two-stories, or 24' in height with a small portion of each building at &rce- stories, or 32' tall (the maximum allowable building height in the MDMF Disnict is 38'). Site access would be provided by a new driveway located approximately 60' norft of the existing driveway to the Brooktree and Sandstone Park Condominiums. In lieu of the existing driveway, this new driveway location will provide improved site-line distance for cars traveling north on Red Sandstone Road. The nroiect is deslgred as a "for-sale" pmject. [hile *re ERWSD will maintain ownership of a small :A-trd-claration of covenants, conditions and restrictions (CCR's) similar to CCR's for other "free-market" multi-family projects will be established. The CCR's will address things such as the operation of the homeowners association and other issues regarding the maintenance and appearance ofthe project. Relationship to Surrounding Uses and Development The proposed project densiry of I I units per acre is muih less than the density of most surrounding properties in the Red Sandstone neighborhood. The following table summarizes the zoning and densiry of surrounding properties: Zone Districtesies! Permitted Densitv Porato Patch Club RC, 6/ac Sandstone Park LDMF.9/ac Telemark Homestake Lionsmanb MDMF,l8/ac MDlvIF.lS/ac MDlv[F,l8lac Parcel Size tlO acres 1.54 acres 1.23 acres .69 acres .49 acres 5.9 acres 4.91 acres 1.87 acres 1.36 acres .96 acres 1.36 1.04 3.39 acres Units 44 16 i- 15 84 60 54 42 l8 66 37 24(potential) UnitVAcre(€ross) 4.0 r0.3 22.0 10.1 30.6 t4.2 12.2 28.8 30.8 18.7 48.5 35.5 7.0 Brooktree MDMF.l8/ac CottonwoodPark I-DMF.9/ac Aqpentree MDIvIF.lS/ac Sandstone Creek Club LDMF. 9/ac Sun Vail MDMF. t8/ac Breakaway West MDMF. l8/ac SnowlioniSnowFox MDMF. l8iac Vail Village 9th 2-Family Development Review Process MDMF zone district and, 2) apply a Speclal Devclspae4ltstn It is anticipated that formal deveiopment applications will be submitted to the Town of Vail in late July,or mid-Algulr: ftps^g. applications \*iiil_inctuOe two reguesrs,_@ SDDzoning_is often associated with developmenr pmposals which exceed allowable densities or vary from other established development stindardi ofa property's underlying zone distriet. The culrent conceptual development plan for this project is well -below allowable densities and is in t \t conformance with all other development standards of tbe MDIvIF zone district. In this case, SDD zoning will be proposed in order t6 provide the Town and the neighborhood with assurances of the specific type, density and design of the development that will occur on the site. The SDD process rcquires submittal of a specific site plan, landscape plan and architectural plans. This requirement will allow the Tovrn and the neighborhood to rcview and evaluate specific elemenu of the proposed development during the public review process for this project Schedule The following is a generalized development schedule for this project: A soecial meetin Board of Directo$ of the Easle River Water & Sanitarion Distict has been set fo :00 p.m. This meeting will be held at the District's offices located at 846 for the project and provide r -The purpose oftbe meeting is to present the conceptual plans the communitv with an oooortunitv to offer their comments oncommunity with an opporruniry to offer their comnents onlor the proJect the project. The removal of the existing water tank and Eeatment facility is scheduled to begrn in July. It is anticipgledlhat formal development applications will be submitted to the Town in late July oFfd+\gg$The Town review process will require a minimum of four public meetiigs with the Planning and Environmental Commission, the Town Council and the Design Review Board. The review process is expected to last between four to six mouths. Constnrction of the project is expected to begin in the Sprin g of 1997 and it is andcipated that the enrire projeit witt Ue coistmaed in ine p Please contact l-eslie Allen of the Eagle River Water & Sanitation Dsri & at 476-7480 or Tom Braun ofBraun Associates at827-5797 with any questions regarding this project. I PRSPERTY OESCRIPTIDN A parcet of tond within the NEl/4 SEl/4 Section 1, Township 5 South, Ronge 81 fJest of the Sixth Prlncipol Menidion, Eogle County, Color odo, descr ibed os foIlowsr Beginning ot o point on the southerty line of soid NEl/4 SE1/4 Section 1, so,id point olso betng the northwesterty cornen of B lock D, L i on 's R idge Sutld iv i E ion , occord tng to the r.rop thereof necorded tn Book 215 ot Poge 548 in the office o€ the Eogl.e County, Color odo, Clerk ond Recorder; thence, departing soid southEr ty t ine, NAa"33'00'l/ 84, l3 feet; thence N49'45'a8't55 05 feet; thence 53,85 feet otono the onc of a curve to the r^ight, hoving u r odius of ?00,00 FEet, o centrot ongle of15"e5'35' qnd o chord thqt beors N57'28'16'E 53,69 feet; thence 41,90 feet otong the onc of o curve to the right, hqving o r^odius of ?7.00 Feet, o centrq{ ongte of 88'54'26', and o chordthot beons 570"a1 '44'E 37,8? feeti thence Se5'54'31"8 137,47feet to the sqid southerty line of the NE l/4 SE 1/4 Section 1, sq rd I ine o lso be ing the nor ther ty t ine atcng soid ( ine, S87'48'35'l'J 150,8? Feet Beginning, contoining 0,3964 o,cnes, $one soid Btock D; thence, the Point Ef res9. Co lonado P, L. S a6598 N.E. COR. of to Tkre beqrings of the obove descn ibed porce t ane bosed on o beoringof N87'48'35'E on the southerty line oF the Nf 1./4 SE1,/4 Section 1 , T5S, RBill , per the p lot of L ion 's R idge Subd iv is ion , I-s- R SCALE: 1" = ROIDEOGE OF \ I \v Da\e,_f//te_-__ /& ,at-'- 50' | /4 S.E. r/4 I 1/r 6 COR. sEC, 1 :I \ \ s8r46'5f w \-T\l \ BLOCK D o FILE COPY 75 South Frontage Road Vail, Colorado 81657 974-479-21jV479-213e FAX970-479-2452 May 27,,1996 Mr. TomBraun BAI Associates, Inc. P.O. Box 776 Mintum, CO 816.15 o o o o o Clrwuvt.'rA*' '.:/' l/,\ We/t'ta-z-f-,r- &/(r/ 7L fv/W1 4 L{h.er',\J' D*.-^ Department of Community Development L -l"t "A-----"-){ ^-el . -:k h--J tAur ,',,-^ ,nJ--, J-^*/,{-cff--t ^ k T-"-^^-ll7 7u, Fw re,e-..re;. lLRE: TOV. Distict contact for Red Sandstone /Z *.... Irl ,"^'* L. aA +.-{ DearTom: €+ 6 ^-1/ L ""-'+1 'f As rye {iscussed on thc telephoue May 10, 1996, the following reflects thb understdtiding you and Ireached: lephoue May 10, 19e6, the fonowingtfft# ftgi+ aa' rl" '*+ ,L O The nroiect will be held iointly by the Town of Vail and the Watr-. Districl unfil such time tlat ) J''Ttti^ tnil5ndfiJionntedi;-tletiitmdo*neiisAsiocittion:-- - /tt l' We aereed tbat thcre would be verv little chance of tbc units beine sold as free markel The \ ri r- -confiIpt allows for up to 25Vo of the units to be sold at free ma*el; however, this option willf " t" be a "last resort scenario." The selection gf the-four town units will be handled at a later date, but the 4 Town units wif-) /1'L be representative ofthe whole prqiect \ The application and processing fees FNMA will be included in the project's soft costs. ) fiL Stevc Thomoson has verified tbat our Finance Deparftncnt will be able to provide thc payments fot dre district at the time that u'e have butlined. As I understand the FNMA requirements. uo to 20Yo of a proiect can be rentcd, without ieonardizine the FNMA aDDroval status for ihe oroiect. Mainiaining this approval is critical in brder to haVe loans sold o'rfthc secondary mark'et. "We agreed that *e worilil discuss this requirement in the future with the goal of compliance. In addition to these general agreements you and I reachc4 I undcrstand that the following items will be changed witbin tEe docum-ent. L The benefits of sellins some units at free-markct price will be distributed evenly among ill 1€ sixteen dwelling uniti, indcpendent of District or Town ownership. I2. In paragraph 3b, the Town shall "have" instead of "be entitled to purchase" four of the rntts,.{ Thank you for your attention to these items. If you wpuld like to discuss any of them in greater detail, please gr.ve me a call. $*'"nuo'*o Printed by Andy Knudtsen f'rom: Andy Kraudtsen lro : susarr Conrte]. lYSubject: Ye! anocher Efring. 3:35pm ===NOlI't=::f irsts ic was ctte FHA/ADA. igeue on Vail commons - Next it rag ctre survelt bu6t on vail colnrrrorrs - -rod3-y, iL is ttre results of or.rr fj.rst' g'eoLoq'ists to evaluat.e ttle pu'b1ic works housinq sice- Does rrot fook good- We are E|oing' toqet a, second otrlinion to gee if ctte firgt ig confirmed. The second studlz may notr be read!' f or severa]. weeks ' we want to use ARt' Mears, and lrig ]-ead time i-s lonqer ttran anl.one e]"ge's- At tshis cj-me !s looka l"ike it, l^tould be \rerlr expertgj-ve tso conslrucc the r.quired miLj.gation. The onl-y part of the sj-te nots requiring signl-ficantr mitigallorr is t}. e 'vo1aeltbal]- courts riqhc behind ELre Admin bui1ding. Susie, Greg and I tra.\te questions al5ouc R.f rristr, L}. e consr.r].trants we str2oke with tsoda]r and af-l ttrree of us beLj-e\.e ttre secorrd opinion \^tj. l- a be worthtrtri].e - Pager 1 o 75 South Frontage Road Vail, Colorado 81657 970- 47 9 -2 1 07/Fax 970- 479- 2 I 5 7 May 9, 1996 Mr. Tom Braun BAIiBrawr Associates, Inc, Post Office Box776 Mintum, CO 81645 Office of the Town Attorney VIA TELECOPIER 827-5507 Re: WCWD/TOVlntergovernmentalAgreement Dear Tom: First, the outline of payments suggested to Andy Knudtsen in your letter of May l,lg96 are acceptable. It is my understanding that with these palments, the Town will then "own" the Town units. That understanding must be reflected in paragraph 3b. in the Intergovernmental Agreement. It now reflects "upon completion ofthe project, Town shall be entitled to purchase, ar cosr, an ownership interest in up to twenty-five percent (257o) of the units constructed." The following is necessary "the interim cash contributions made by the Town of Vail shall be applied to the purchase." In paragraph 3c. it should state that "VVCWD and Town will establish and implement a maximum aap on appreciation for resales in order to insure the long term affordability of the Iocal employee housing units. All units will have an identical deed restriction which will be similar to the restrictions attached as Exhibit 8." These are my suggestions that I believe we agreed upon at the time we met and reviewed the first draft of the agreement. Please check with Andy to get his suggestions. Very truly R. Thomas Moorhead Town Attorney RTIWaw xc: AldyKnudtsen L {S oo*oruo tsA I/ tsR.AL.{N ASSOCIATES. [NC. 1 PLANNING and COMMUNITY DEVELOPMENT 'l{): CC]: FROM: DATE,: RE: MU M ORANDUM Bob McLaurirr 'Ibm M<xrrchcad An<Jy l(nudtscn Dcnnis Cclvin Pat Dauphinais Tirm Braun April3, 1996 Dr"rli Agrccnrcnts Bctwccn VVCWD and TOV Attached v<>u will fintt a dral't intcrsovcrnmental agrcemcnt betwecn the VVCWD and the Town of Vail rcgarding thc USFS parccl and thc Districl's i-ocal's housing projcct. This agrocmcnthas been <jrll'tui-hy Ji;r Cotlins antl rctltrcts thc mirjor points rcgarding thl Tirwn's participation in this projcct ad discusscd with thc Tirwn Council on March l9th. .ds I undcrstand it, this agreemcnt can i'rc ixccuted by thc Tirwn Stall. As such, plcasc rcview this draft and if ncccs-sary, wc can mett latcr this wccli t<l discuss any q)mmcnts you may havc. I woukl very mush like to execute this agrccmcnt in thc ncxt wcck. I havc alscl cllclosod a copy of a drall agrccmcnt bctwccn ttrc VVCWD and theRrwn rcgarding the rvaivcr- ol'dcvelopnrcnt, building and tap tbcs. Dsnnis Gelvin would likc to discuss this agreement with you ut your convcnienc,c. zs;t nl /.1*!, 6-.-*,4h +e4r,J vs ft/^-P, Minturn lrorwvorks Building 201 l4ain Strcet, 2nd Floor Post Office Box 776 Minturn. Color.rdo 816{5 Phone - 970.827.5797 Fax - 97O.827.5507 Jz+lr t- tsA [/ tsR.AUN ASSCCIATES, INC. PLANNING and CO14MUNITY DEVELOPMENT cio /a 3-6 %-*t <.A-'nl ho-''-' t'ls/-'^-'/ "r7 dt 7*ra4--" " t'h.4 --e_.--*,,/A*J oA/ ,.-..:6 LFi< .a-a-,4.-L /-J -,c*-a-rt+z-{;m. @rh tE pz-&t'-ran^^-a'-!'{^'fff d .ztros €r flrc t"j h'f{^-- ,'-^-.'E.*-of :1- 4n),/@ tfr"^ 4 -<-.'.--r\PV i Ars &-f ,'r*,-rfr . a A ufi.az" Y ',".*, &, fn f'.{^ ^"' "'-"'^"t "-t 7tnt"-"t1tta;lt t *t L -E*rt' V/t''l J't","-"\r" District shall receive an initial asset entry of $4o,000 in the accounting records of parties based upon the District's-"onltitution of undergrounding utility lines as parr of the rezoni";"il-;i$ri"t o*nro roi d;ur"r,r to the vail Golf course' upon request, the accounttn! 'L'oiO' shall be promptly made available to the other Party' 2.Termination.IntheeventeitherPartydetermlnt'.th^ttlremutualwaiver of fees provided unOer this Agreement i, *tufting in an-inequitable disparity' either Party may terminate this Ag;;;;;t provio.ing i;"?it.r Partv with sixtv (60) davs written notice. At the end j1 ;ha; OO OiV period, the Parties shall compare their respectlve accounting records to determine the net u*o"oi o*in! to or," Party -uy the other' Parties shall negotiate the terms under which puyt.ni ;i ;t; net fee obtigation shall be made' 3.Miscellaneous.ThisAgreementrepresentsthecompleteunderstandingof parties, supersedes any prior understanding' "t ifi-t"-tions relating to the subject matter' This Agreemen, *"y no, be amended o. *oiin.J unles. in writing, executed by both parties. rnis agreemfni*uv not be assigned by either Party, unless the non-asstgrung Party consents to such assignment' I B,q ilz BR.AUIN ASSocltAtlES. lNC. PLANN IN G ANd COPI14UNITY DEVELOPI'4ENT May l. 1996 Mr. Andy Knudtsen "Iiru,n ol V'ail 75 South Frontage Road Vail. CIO fll657 Rl-: WCWD/TOVAgrcen.renl 1) Dear Andy: Attachcd vou will lind an inLer.governmental agreement that has been revised based our discussion lasl rvcek. With thc possibilitl' of one exception, I believe this document reflects all changes agrccd upr,rn by you, Tbm. Dennis and myself/We had discussed the possibility of addressing the tirning of thc Tirwn's paymenls of project cosls to the District. As I recall, your interest in ostablishing a gencral liamcwork for this payment schedule was primarily to be able to notify the iinance department ol-whcn payments will be made. In that regard, I would suggest the following: 'Ihc Town compensatss the District at time of zoninq approval for its pro-rated share of soft ot{cr'rsts(i.e,25%ilfsoticoStS,orttreo@egotiatadwiththeDistrict,/1'*d. that have hcen accrued liom prqect inception to time of zoning approval). ( tY" . , _ Thc Town c()mpcn\ater thc District at time of issuance <lf building permit tbr its pro-rated t \pr share oI soli costs accrued from the time of initial payment #1 above and issuance of building permit..l) After construction is initiated, the Tirwn will make monthly payments to the District on a monthlv basis lbr its pro-rated sharc of proiect cosls, Paymenls will be based on actual costs accrued during crustruction of the project.4) Within 30 days aftcr Ccrtiticates of Occupancy have been issued on all units, the District will provide thc Tirwn with a final settlement of all project costs (hard and soft), with final paymcntlsettleme nl of all project costs to be made within 30 days. ll this pavment schedulc is acceptable I would suggest that letter serve as our agreement on the trming oi payments to he made by the Town t<l the District and that we do not go the trouble of modifying the agreement. Lct me know whal you and Tirm think. lf thc revised agrsement is acccptable I will have the District sign iwo crryics and forward copies to you lbr Bob McClaurin's signature. Thanks again lilr your help with this agrecment. Sincctrclv.'n4hmU)rnou-- Thomas A. IJmun (:c: Pat Dauphinais f)ennis Gelvin Minturn lronwork Building 201 Main Street, 2nd Floor Post Office Box 776 Minturn, Colorado 81645 Phone - 970.827.5797 Fax - 970.877.5507 Begtnning ot o potnt on the southenty line of soid NEl/4 SEl/4Sectlon t, Eo.td potnt otso loetng the northwestenty connen of B(ock D, Lloh's Ridge Subdtvtsrqn, occordtng to the r"rop theneof reconded tn Book 2[5 at Page 648 in'the office of the Eogte County, Colorqdo, Ctenk ond RecorderJ thence, deponting sald southen ty ' t ine; r Naa'33'00'lrl 84, l3 feetl thence N49'45'a8'E 55,05 feet; thence 53,85 feet otong the onc of o curve to ther;ght, hoving o nqdius of e00,00 feet, q centnot angte of 15"a5'35' ond o. chord thot beqns N57oa8'16'E 53,69 feett thence 41,90 feet otong the onc of q curve to the ntght, hovtng nodius o€ ?7,00 feet,, o centrot ongle oF 88'54'26', -bnd o chordthat beqns S7q:a1 '44'E 37,8? feetl'thence Ses'54'3L,iE 137,47feet to the sold southerly Itne of. the NE 1/4 SE 114 Section 1,sqid tlne otso betng the nontherty'ttne of sqtd Btock Dj thence, otong sold llne, 387'48 135'V 150,8? feet to the Potnt Ef Beginn Ing, contotn tng 0,3954 ocnes, nore on less, A pance t o.€ lond w ith in, the South, Range 81 \,Jest of the County, Co Ionqdo, descr tbed 9\? NEl/4 SEl/4 Sectton 1, Township 5 Slxth PnlnclpoI Merldlon, Eog[e os fo I lows r The beonlngs of the obove descrtbed porcel. one bqsed on o beorrngof N87'48'35'E on the southenty tlne of the NEI/4 SE1/4 Section1, T5S, R8tW, pen the pl,ot of Lion's Ridge Subdtviston, r.elllll I llg v, J7E).t uLI Y)1 l'lurg gr tY>>r SCALE: 1" N.E. CoR. € 50' 1/4 S.E. r/4 I s.E. 1/16 r I \ Cotonod6 P;L,S, a6598 a &.A"qr t0 rttF ry ./6'fat "-f<//arau<1t v.z6 ) 1g &1-- q aflc ^t/.jz-4{ /v4 4-ra-',-l,r'" /'f . / r . ..1 /l- L4 /'t14-'1 /h-oJ;^^ {-/2- / . zg 4 c r_E , 6_n. /,/. /-d ^ ./ / / .---- ,2//L*n"L ,"t,14 ,/ rW /J,-//"",'"^-'-\- 512.1 rt=,rTV -\ ,'. ".r {)'--,<-) /._l 4T- "UJ*J /A/'l/> cr -!z.r.l +4p. (--' f)/ drw is ".w'kif Sl * tJ,^ L---,"*./$ " ypn /'-"- J 4{1 /-,* 6 ,-- t \ tsA il/ IER-AL-JN ASSOCilATFS. JII\C. PLANNING ,IO: cfr: FROM: DAIE: RE: and COMI'llJNlTY DEVELOPMENT MEMORANDUM Bob Mclaurin Tom Moorchead Andy l(nudtsen Dcnnis Ge lvin Pat Dauphinais Tirm Braun Aprit3, 1996 Draft Agrecments Between WCWD and TOV Attached you will tind a dral't intergovernmental agreement between the VVCWD and the Town of Vail regarding thc USFS parccl and the District's local's housing project. This agrcement has been dral'ted hy Jim Collins and rcllects the major points regarding thc Town's parlicipation in this pr<rjcct as discussed with the firwn Council on March 19th. As I understand it, this agreemsnt can be executed by thc Town Stall-. As such, please review this draft and if necessary, we can meet latcr this wcek to discuss any comments y-ou may have. I would very much like [o execute this agrccment in the next wesk. I havc also cnclosed a copy ol'a draft agrecment between the VVCWD and the Town regarding the rvaivet'ol'devclopment, building and tap t'ees. Dcnnis Gelvin would like to discuss this agreement wtth \()u at v()ur cOnvenlence. 41"+ lr t- MintLrrn lronworks Building 201 lulain Street, 2nd Floor Post Office Box 776 Minturn, Colorado 816'15 ?hone - 974.8I7.579J Fax 9]0.827.5507 <d O ?6 7)*^ <,A&-/ L-,-' t"tsh.-l -r/ "k-+ ^. &./z_t $ 7*ru-{t-- " /O o&-( ,.-..4 '4.d.,< -a-.d,e./11- /4-J .,ua-il,r2'{-''w. *d, h yc /-"-4T --/'^t .r"f^l? d .-.-4-(,4) 6n fl"wl.'-( f" 4t y'-/)-' '"^' 4' aa f-lcfltazz ,/ c.--,^-t ft pfl f a.v-4 ^o ,;e-- ..4 fa=,*"'t</../ v,2i/( Jid L -E-fr. fd+ r-L"-"--1r' t t +-\ iloeCO c/o Vail Home Rentals. lnc. 143 East Meadow Drive, Suite 397 Vail, Colorado 8I657 303-476-222r FN< 476-2684 April 3, 1996 Susan Connelly, Director - Town of Vail Community Development 1l I S. Frontage Road Vail, CO 81657 RE: Proposed housing project on Red Sandstone Road. Dear Susan, I am ndting to request that Vail Valley Consolidated and *re Toun of Vail assist me in keeping the homeounen ofthe Potato Patch Club Condominiums apprised as fo progress on the proposed development. Peter Jamar of Peter Jamar Associates, Inc. has been retained to represent the interesrs ofthe Potato Patch Ciub Condominium Association and the Coftons'ood Tomhomes and will act as our advisor throueh the land planning process. It is our intention to be as closely involved rn the development of the design as possible. We s.ould also request that we be alloued to be actively inrolted in addressing all issues that may come before you during the planning and approlal process. Our intentio:r is to provide input and suggestions that xill ultimately minimize the potential impact of this prcjecl cn either of the adjoining propenies. Both Peter and I look fonvard to meeting with 1'ou and look for*ard to receiving an1, correspondence that may assist us in keeping the strrounding homeo\\rers inforrned. Sincerelv. ftc,Az {52'*-' Larry G- Barnes 'Managing agent, Potafo Patch Club cc: Board of Directors Homeollrrers Larry Bames c/o Vail Home Rentals 143 E. Meadou'Drive, Suite 397 Vail, CO 81657 476-222t Peter Jamar Jamar & Associates, lnc. 108 S. Frontage Road West Vail, CO 81657 476-"1t54 Y 'I t .|)v r\Lt'=lV;'- n.'' uppER Enc,e Vnr-,-,y coNSouDArED :u A'uH 3 tg$ SnHrtmoru DrsrRrcr rt. . t, . " e46 FOR€SI ROAO . vatl. COLORAOO Er65? "' ' VLfu /(e70t '.76.7480 . FAx t970) {?6.acEs ll-4}g J I/^ \ U AYtlwr' b,4dl March 29, 1996 Marc Wagner Marcal Construction, Inc. 104 South Russey Coun Parachute. CO 81635 FA)( 970-285-1394 RE: Vail Valley Consolidated Water District Lions Ridge project Dear Mr. Wagner: The Board of Directors of the Vail Valley Consolidated Water District has decided to attempt to negodate a design contract wirh Morter Architects for homes to be built on ia Lions Ridee site. As you know , there are a great number of factors ttut go into the selection of a consultant for such a projecs. This was not an easy decision, and there is no one factor that led to the District's choice. The District is very appreciative of the time and effort you invested in your proposal. Thc District now intends to depan from its original plan concerning design/build. It is likely that, once the rezoning, platting, and design process is complete, the District will put the final plans and specifications out to bid for constnrction. Accordingly, we sincere.ty hope rhat the general conractor included in your ream will retain an interest in the project and consider offering a compedtive bid for im construction. Thank you again for your interesr and your efforts. Sincerely, VAIL VALLEY CONSOLIDATED WATER DISTRICT Dennis Gelvin, General Manager cc: WCWD Board of Direcrors Tom Braun Iim Collins Bob Mclaurin '/ ABBOWHEAO . AvoN . EEAyEB CBEEK . BELLYACHE RIDGE . BERRY CFEeK EAOLE.VAIL T EDWAiOS . LAKE CREEK MEADOWS . MINTUNN ' SOUAW CNEEK . V^IL d\ U UPPER Eaau Veu-ey Cor,tsouoereo Snnrelor,l DrsrRrcr 846 FOR€ST ROAO . v^rl.. COLORAOO 6165? (970,476.7.80 . FAX 1970) 476"4089 r March 29. t996 Stepheu R. Isom Isom and Associates Archirecnrrelplanning P.O. Box 9 Eagle, CO 81631 FAX 970-328-6266 RE: Vail Valley Consolidated Water District Lions Ridge Projecr Dear Steve: The Board of Direcmrs of the Vait Valley Consolidated Water District has decided ro anempr to negotiate a design contract with Morter Architects for homes to be construcrcd on its Lioru Ridge sire. As you know ' there are a great number of factors that go into the selection of a coruultant for such a project. This was not an e:$y decision, and there is no one facror that led to the District's choice. The District is very appreciative of the time and effort you invesrcd in your proposal. The Districr now inrends to depart from its original plan concerning design/build. It is likely that, once the rezoning, pianing, and design process is complete, the District will put the final plans and specifications out to bid for constnrction. Accordingiy, we sincerely hotc that the general contractor included in your team will rerain an interest in the project and consider offering a compctitive bid for im constnrction. Thank you again for your inreresr and your effons. Sincerely, VAIL VALLEY CONSOLIDATED WATER DISTRICT Dennis Gelvin, General Manaser cc: WCWD Board of Directors Tom Braun Jim Collins Bob Mclaurin ARROWHEAD. AvoN. BEAVER CREEK . B€LLYACHE nIoGE . SEFRY cnEEK EAGLE,VAIL . EDWAROS . LAKE CREEK MEAOOWS . MTNTUiN. SOUAW CREEK. VA|L d\ o U : PPER EAGLE VeLLev Consouonreo Senrrmoru DrsrRrct 848 FOF;ST FOAO . vArL. COLORADO S1657 (970).76.t4E0 . FAx {g?0} 476.4069 q/ March 29, 1996 Afihur Kleinstein Wintergreen Homes P.O. Box 978 Avon, CO 81620 FAX970-949-9339 RE: Vail Valley Consolidated Water Disricr Lions Ridge project Dear Art: The Board of Direcmrs of the Vail Valley Consolidated Water Distict has decided to anempr to negodate a design contract with Moner Architec$ for homes to be constructed on its Lions Ridge sire. As you know , there are a great number of factors that go into the selection of a consultant for such a project. This was not an easy decision, and there is no one factor that led to rhe District's choice. The District is very appreciative of the time and effort you invesrcd in your proposal. The District now intends to depart from its original plan concerning desigrlbuild. It is likely that, once the rezoning, platting, and design prccess is complete, the District wilt put the fmal plans and specifications out to bid for constnrction. Accordingly, we sincerely hope that the general contractor included in your team will retain an interest in the project and consider offering a competitive bid for its construction. Thank you again for your interest and your efforts. Sincerely, VAIL VALLEY CONSOLIDATED WATER DISTRICT Dennis Gelvin, Ceneral Manager cc: WCWD Board of Directors Tom Braun Jim Collins Bob Mclaurin ARnOWHEAO. AVON . E:AVER CFEEK. BELLYACHE FIoGE . BEFiY CF€EK EAGLE.VAIL . EDWAROS . LF{E CREEK MEADOWS . MINTURN . SOUAW CN€EK . VAIL N o <y''*::,:s::#tf,#fiF:",:,",:'"'t- (s701476-7.80. FAx l9t0l,lt6-.o89 : Much 29,1996 James P. Colombo Colombo International, lnc. FAX970-925-3972 623E. Hopkins Aspen, CO 81611 RE: Vail Valley Consolidated Water District Lions Ridge Projecr Dear Mr. Colombo: The Board of Direcors of the VaiI Valley Consotidated Watef'DisEict has decided ro ar,rempt to negotiale a design contract with Morter Architects for homes to be built on its Lions Ridge site. As you know n there are a great number of factors that go into the selection of a consultant for such a project. This was not an easy decision, and there is no one factor that led to the District's choice. Tbe District is very appreciative of tbe time and effort you invested in your proposal. , The District now intends to depart from its original plan concerning design/build. It is likely that, once the rezoning, platting, and design process is cornplete, the District will put the final plans and specifications out to bid for construction. Accordingly, we sincerely hope that the general contractor included in your team will retain an interest in the project and consider offering a competitive bid for its construction. Thank you again for your interest and your efforts. Sincerely, - ] VAIL VALLEY CONSOLIDATED WATER DISTRICTH Dennis Gelvin, General Manager cc: WCWD Board of Directors Ton Braun Jim Collins Bob Mclaurin ABFoWHEAO . AVON. BEAVER CR€€K . aELLYAGHE nlDGE. SERRY Ci€€K . EAOIE.VAIL . EDWAFDS . LAKE CFEEK M€AOOWS . MINTUnN . SOUAW CReEK . VAIL N IqF "'ll.HThitff$:f*H;".,.". l* " 'F (9t0t .t6.?.60 . FAx t97ol ,(76.aosg lvlarch 29. 1996 Jim L. Viele J.L. Viele Construstion, Inc. 1000 S. Frontage Road We.st Vail, CO 81657 RE: Vail Valley Consolidated Water District Lions Ridge Project Dear Mr. Vielc: The Board of Directors of the VaiI Valley Consolidated Water District bas decided to auempt to negotiate a design contract with Morter Architects for homes to be built on its Lions Ridge site. As you know , there are a great number of factors that go into ttre selection of a consultant for strch a project. This was not aD easy decision, and there is no om factor that led to the District's choice. The Disaict is very appreciative of the time and effort you invested in your proposal. The District now intends to depart from iB original plan concerning design/build. It is likely that, onee the rezoning, platting, and design process is complete, the District will put the frnal plans and specifications out to bid for construction. Accordingly, we sincerely hope that the general contractor included in your team will retain an interest in the project and consider offering a competitive bid for its corutruction. Thank you again for your interest and yow efforts. Sincerely, VAIL VALLEY. CONSOLIDATED WATER DISTRICT Dennis Gelvin, General Manrger cc: WCWD Board of Directors Tom Braun Jim Collins Bob Mclaurin AFROWHEAD. AVot{. B€AVER CREEK . SELLYACH€ RIOGE . BERFY CA€EX E OLE.V IL . EDw RDS r LARE CnEEK MEAOOWS . MINTURN . SOUAW CBEEK . VAIL N MRR 28 '96 @4t L6Pt4 I rl I nVegt martrt I KIMBERLIN INVE8TI||ENT CROUP zL43t ,|\tr t/Y N r\|rtEl|rIvAI' -lfILY 3S9e?F P.? F; 62 #*1b1 t44'il\1e. March 27,1996 To the Community ofVail: I want to apologize to the comrnunity of Vail,,and ospecially to the good, hardworking employees of Vail, whs have miesad my point and ttrus been insulted by my sarcastic a$Empt to voice opporition to the choft-rited (iutposed ilemployee" housing) project. I drought that it would be obvious to everybody that my lettEr was mgent es an sxtre$1g, absurd, ou$Egeous *ttempt rt gich ethnic s$d c'l$tiet humor to ovcr exsggefale poterrtial problems Created by governrnAnt - rny and every govemment -- messing with tire markePlace. Too bad I ueed poor judgenent and was obnoxiously offe'nrive in voicing my oppocition. But much worse for everybody is that Vail'r local goventment seems deterrnined to ignore history and blindly follow the efiffie well-intended but feiled rugds that gnlversally and inevitsbly prove to be unworkable, expensive (for taxpaycrs) fiescos, US$_{" It is not today'r responrible local seryicepmviders to whom I objeet being netghbors. I know and respect rnany of them. My deughter and mrny of her friends havE worked in Vail, The problern with thic rnilguided project is its open errded nattuo wherein socialistic govemmcnt arbinarily mandater that the rnarket value of there properties will ahmys be dep1ssed - ultimatcly having a ncgative impact on the neighborhood, community and its tax base. I sdmit the mirteke I made in fooliehly thinking that my twisted sense of etteffipted hurnor could ehock the blind (voters and elccted oflicials) into seeing,.. that Vail is the big lorer in thc long run. .4t h With gincere apologies. Jolur Kimberlin ,Pts gsOO OAK I-AWN AVENUE i zl4rszo-s,€'9'4 sultE 7og ' oALtjlB, Tex,qe 7541s. FAX 214/5.20-9?79 NAR 2g '96 A IL5PN VNILfILY KIMBERLIN IIWEEfUENTGHOUP E4fkq - lrrrE al I at t ed|cl'!' tS F. B1P.1 1^-C cYl YI rF t.F.J:oP I PR__COVE L I 4EET PLEASE DELIVER ?IIE coui,q,ry AND pEr,soN: FAX NUMSEN,' PLEASE CALL US EACK A8 800N Ag WFIhlXtntIff Ntlcl: tlc locutttt tccwttuitt ttit ltctltilo tntlnluiot n1 aoilild totlileotit!lilontlion iliil.lt.lq1lll ttitilttcl, lle tilimtiot lt ittcild oab fot $t tn cI tic naiplut niii tloniIl r|t itt, tecllted ttit ltcshils it tttot, /eut.laltlittcl;' ruritl rt tJ taltploac n uli$t lu ntirt oftle oilitd tunntu to w, ud sor tn tcrctt rotitiil ttrt t'u tirciounl nuii, liitiiiatiu'ii ili,"iiiinl .rt tctlon l, ulilr,cc ot lb cottcotr of ilit futirth laiorutlos h iriitti tnhtilttl. AEOO OAK L,AWN AVENUE I aroTseo-sse+ EUTTE 70A . traLttE, TE (A8 "6elg. FAX 214182o,-E6t7g I POLTO$II|C PAOB(s) TO: TO?AL NUMBEn OF PAOES I J,_ tt{CLtDrNo CovER 8HEET. Fio&l;DATE: IF YOU DO NOT RECEIVE ALL THE PACES, FOsSIELE AT (21d) 520-3334, COMI'{ENT8: a e'c. VIA FACSIVILE 479.2452 March 27, 1996 P.O. Box 781 Vail, CO 81658 Ms. Susan Connelly Town of Vail Community Development 111 South Frontage Road Vail, CO 81657 DearMs. Comelly: This letter is to offer a *ritten apology for comments made in Mr. Jobn Kimbedin's letter dated March 21, 1996. I\,4r. Kimberlin is not a mcmber of &e Potato Patch Condominium Association Board of Direciors and does not speak for any of the other hcmeowners. The opinioas and statements expressed in his letter are his alone and do not in any way reflect the views of the other Potato Patch Club Condorninium Association homeowne l. We are very concerned about the proposed Employee Housing Project, but look forward in actively working tith the Vail Yalley ConsoLidded trVater District onthis issue in apositive constructive rurnner. Sincereiy, POTATO PATCH CONDOMINIUM ASSOCIATION . President i) _t'): '. - t4'f UJ.A :l t-.,, f).t'-t"+-,:''< U' P"" - '/ N^ O*11 &+lA"*n ,:I KIMBERLIN. INVESTMENT GHOUP' March 21, 1996 Johnette Phillips James Johnson Bud Gates Eagle County Commissioner P.O. Box 850 F.agle, CO 81631 Susan Connelly Town of Vail Community Development I i I S. Frontage Road Vaii, CO 81657 Rick Sackbauer Vail Valley Consolidated 846 Forest Road Vail, CO 81657 Re: Pack 'em Inn, The Projects at Potato Patch Dear Eagle County Commissioners, Ms. Connelly, Mr. Sackbauer: Upon hearing of the proposed high density employee housing project under consideration on Red Sandstone Road, we have jotted down a few reservations and questions: I. Would the inevitable loud rap music and clouds of marijuana smoke adversely effect the deer, elk and wildflowers on the nearby hillside? 2. Is the current price of recycled aluminum cans sufficient to avoid a "can jam" caused flood on the creek? 3. Can a sidewalk be constructed clear to the Frontage Road capable of suffi c iently accommodating vast hordes of skateboarders, rollerbladers bicyclists, and the "rolling stoned." 33OO OAK LAWN AVENUE SUITE 7O3 DALLAS' TEXAS 75219 214/s2C'-3534 FAX 214/520-9973 Page 2 4. Has a Federal approval and funds been secured to have signs placed along I-20 waming: "Idiots crossing." would you simply make thim a gate instead of forcing'them to tear down the fence as they have further west? 5. would speed bumps on Redsand stone Road cause lowriders to rip-off their oil pans -- polluting Gore Creek, the Colorado River and ultimatelv rhe Pacific Ocean? What about the whales? 6. Would this oil from the lowriders running down Redsand Stone Road make the street too slick for Emergency vehicles to get up "The projects,' to answer rape and domestic abuse calls, carry off drug overdoses and fight balcony fires? 7 - And regarding access and lowriders, how many legal holidays (besides cinco de Mayo and 16th de septembre) wourd Redsand stone Road be closed or clogged due to parades??? saint paddy's, Martin Luther King's? June Teenth?? when does it end, the closures that is - cinco de Mayo Parades seldom go far, but can last a long time... 8. wiil each employee/resident be required to own his own set ofjumper cables? Will their be onsite tire repair? 9. which brings up the question of how many tires, batteries, appliances and dogs will be allowed on each unit's porch or balcony? 10. And speaking of dogs, will there be a reasonable limit of... say 10... per unit? Will the boys' roffwielers and the girls' huskies and dobermans chase away the elk and deer on the nearby hill? or, since we already scared them away with music and smoke, will the dogs be over at the Potato Patch Club hunting for small children and making yellow snow? Page 3 1 l. Also, will there have to be an onsite tamale mbker to control the population of cats? Are there Federal Guidelines on proper Dog/catlRat ratios? Do rats have civil Rights like dogs and cats? will they all get their own Federal Holiday? 12. And speaking of rats and hordes of "diverse" people living in close quarters, does bubonic plague negatively impact the tax basis? 13. Are the police going to have a substation in "The Projects" in order to be closer to the action? Or maybe they would like to rent a Potato Patch Unit across tlre street -- provided they could stand the neighborhood. (The Town of Vail would likely be too smart to buy real estate for a police station in a deciining neighborhood.) l'4. Finally, does the downgrading of this site from sewer collection to high density employee housing require an Environmental Impact Study? On the positive side, you wouldn't have far to go for tamales or ... to buy back your stolen skis. Owner of Potato Patch #8 cc: Tom Braun, Braun & Associates Larry G. Bames, Managing Agent I ftAK ar i0\Jt$M}fi.DEV. msr, o..G.v,j<tut/ Mayo Clinic 200 First Street SW Rochester, Minnesota 55905 507-2W?j1L Douglas D. Mair, M.D. Pediatric Cardiology 507 -284-3351 / F axt 507' -28 4-07 27 March 15, 1996 Ms. Susan Connelly, Director Town of Vail Community Developmentlll S. Frontage Road Vail. CO 81657 Dear Ms. Connelly: I am writing at this time, as a Sandstone Park condominium owner, to express my deep concern over the proposed use for employee housing of the parcel of land directly to the east of Sandstone Park which is now controlled by the Vail Valley Consolidated Water District. To construct housing on this site in the density described in a recent article in the Vail paper would, without question, lead to significant noise and traffic problems along Red Sandstone Road and would detract in a very significant way from the value and appeal of condominiums presently located in Sandstone Park and the Potato Patch Developments. The very purpose of zoning ordinances in communities is to prevent commercialization ofpreviously designated desirable residential areas, and it is beyond my comprehension how a project such as the one described could possibly be approved by the authorities of Vail and Eagle county who have jurisdiction over such matters. Mr. Bilt Sargent is keeping all owners of Sandstone Park condominiums up to date on the proposed use of this parcel of land and certainly has the fulI backing of our condominium associalioilejojrabateveljsxecessary to preven! the typ€ of project recently described from moving fonvard. I wanted you to project - and rhe fact that I rv-illEffi-frillTuand the fact that I rvill certainly support Mr. Sargent and the other members of our condominium association in resistins the use of this parcel of land for a proiect which clearlv the Dresent zoninlzorungject which c Thank you for your consideration of my concems in this mattern and if you would like to discuss it further with rne, please feei free io coniact me. SincerelyT M//*lc DouglaC D. Mair, M.D. CC: Mr. Bill Sargent P.O. Box 1292 Vail, CO 81658 DDtvf/dvh iVlarch 20, 19s6 NIs, Susan Connetly Director Town of Vail Community Development I I I S. Frontage Road Vail, CO 81657 NAK 'ab TOlIffiI#. DEV, [)EP[, Dear IVIs. Connelly: I have been a homeowner at Potato Patch Club since 1991 and vas recenlly informed of the proposed VVCIFD/T0V housing developmeflt plan on Red Sandstone Road. !ilhile I am sympathetic vith the currenl shortage of employee housing in Vail, I cannot help but concern with the negative impact vour project may have on the long term value of our properties. I would strongly urge you to consider the follow issues in planning and designing for this projecf: I ) Given the volume of automobile/pedesrrian/biking traffic on Red Sandstane Road and the existing blind curves, the residents in this neighborhood are already iacing increasing risks of serious tratfjc accidents without your project Hence, you should consider a northern entrance to rhe sile, eg. from Vail View Drive. and also videning of Red Sandstone Road as part of your project and town development. 2) Development of ihis site must complement the surrounding neighborhood in terms of densify, unit size and market value, architectural designs, quality of construction, height restriction, location of guest parking facitilites, easeEent footage to Red Sandslone Road and general landscaping. ![e look forward to seeing your conceptual sketches of development alternatives and to the opportunity of giving you, VVCWD and Braun Associates our input and comments at an early stage of your planning and design process. Potato Patch Club *39 950 Red Sandstone Road Vait. C0 81657 cc. lvlr. Pat Dauphinais - YVCWD i&d-,.' &1 , Plcasc calt (9?0) 827-5797 il'you have nol r€aeiv€d all pagp$ or have any problcmr with tfiis lrailsmF$!on. 201 Maln Street. ?nd Flour Minturn, Colorarlu S1645 Phone - Wfr.927.5797 Fax - 970.82,7.5507 lO. Box ?76 Mintrrrn, ( lolarndo $1645 Fcbruary 26. t996 Mr. Andv Knudlccn Tuwil irf'Vail 75 South Fruntage Road Vail. CO Ei657 RE; VVCWD REd Snndstone Parael DearAndy: As we discrrssed lart w€Ek, the Vait Vatley Cnnsolidated \&bter Di.rtrict (VVCWD) hes decieJel m movc fotward with thc R+rd Silnd$tons prtriect rvithout any development pfftncrc. We plan lo initiatc the rle$ign work on this pruject in March and a kcj issue afthis tirire is the statui oI the U$I$ftOV parccl, Tlrc VVCWD is vcly i111slgstvd iu ilwr kfore we begin dcslgrr-v-rrrk t6ffi scmnariz€s our "propsat*lern$ undsr lvhich ths T fttr the projcct and thc frotcntiel usc of thrl pa$rl: r)Th€ VVCWD will dcvclnp thc proFrrly 8s a *'local's, r€stnctiomi whish wilt rcgurrc. hrnon*l othcr thi.rrr8iMhffiffil**# rxl htJwwcr, i'| 5) all unit rs+alcc, VVC'WD willmake unitt tJsFs/Tov '.,} / v -t' i' " ''\ I , tt I .' u'.rn,!(/ IY . ,t) ts,.AI/ BRAUN ASSOCIATE PLANNING ard COM|"IUNITY 0EVELOP|'IENT Z) Ths VVCWD willwork with theTuwn to eeublieh an agreementfolilfHfFffftffidhil*i*ttsffiB*Mffiryiffinin- The VVC'WD cx thcir assigrn will maintain a howevcr when th€ "t'irsl-ri;ht ol refisal" is nr available fi In con+idcration t'or pnrviding the U$F$ pnrwl" the WCIWD n'ill offer the 'lbwn the righl to purchrue up to ? unit-t, The prics cf thcse unite will he det€nrlinad basrd ou hard f'=- 1, r:rut$trur:tion cnsls and a pro-rated sharu. nf sitc devclopment and soft c{sts- The TOV egreus to initiatr the re-zoning aod subdjvision pnx;ess of thr crrnnrrrcst -with thr WeWDrs epplicaiirrxi t$ r.j-ruue rli Rerl Sau.Juu, fr{r-r'!,,t-'"{ il" . | .,t.,J'v*'t'lj' ,'ivY.Jd ' ,2 l"trirrtum lronrtorb BuildinB Xtl t'tain 9tr.oct, 2nd Floor Fost Oflice Box 7E Minttrm, Calorudo 81645 t I hope. this ouilinc. iri hclpful. Ag wc have discu$cr:t|, given our design schedule I would vctvnuch like mect with Lhe lbwn Council March Srh ro'iiici,ss t[i* iiilii".r'i"iiidr i. i1i,it iiirnyou to discuss how kr procr"rd with tirrrnalizing this ngn"nnreoi. iti.ru *,"ai. Sine6cly, Pat Dauphiuais Dennis (iolvin Eohltdclaurin //r" , /,,) .{ 7'*," { y).- { 1)o..., z/t - ^ --.'s 'z/zr/t(, f/'lll/ /',si ' i r t/^'l .' f - ,^-+l:..,--/" ., lN',)rn- ( 1 t'r'-. 7V i1,, _,,*. .< .s.u-.,.,/.- r,7. tl /__ * _A ,r^f -. ,:-,' * f*/.. T f /,- ,-;fr / ;!.4i:{ ('r.,"*h-^ , lt'o, d -</t/ /, z">, , ",,',11i.""r, t'-:i // /'( l-L' '\ " y'/ , ,''.sy', G) z/,/v t-. rt/ ln-r -,u,*,/ f 'eJL -/ 7rr '/ o' ) )^.e r ._-_"/,_7 '-'t/ -y'',f *"<'1 F-- f -ud /-t @ . __-_,,,/-,, - : / _. ( /-_ ----{-r y .r(S/ ,/ " "'t' w(.z /- /_, L-,(..,1 t>- /CtS,5. h2 ./' ' -',t r) r.t ./' / // ^'rf -']/:+/L/ i s,',. :',f*r-uV lT/- @ l-t'f--f 4.77'2/ -,t. /",y, y' 4f ,y r'o,;./-.,y ,'-*''/ l-. / H r/ -# / f '*V r^*-/ -y q f.-""-/4 r/laczll -y/ PROPOSED VAIL VALLEY CONSOLIDATED WATER DISTRICT (WCWD) - TOWN OF VAIL PARTNERSHIP FORLOCALS HOUSING RED SAAIDSTONE ROAD OUTI-INE OF THE PROPOSAL I . l2 -20 units for sale or rent (to be determined)' 2. WCWD and TOV each will conbol number of units equal to percentage ofland each puts into the Project. 3. WCWDwillbethedeveloPer. 4. TOV participation is dependent upon corrpletion of LOA bansfer of parcel from USFS to TOV. 5. TOV will initiate a rezoning of the USFS propedy. WCWD will initiate rezoning of its propsty. 6. The project may include free market rmits, up to 25% of the total number of units. 7. The two partners will jointly couvcy the land to ahomeowners association. 8. Construction financing will be on a pro rata basis. 9, Deed restictions on the units will be the same as on lhe Vail Commoos units (if owner occupied) or other TOV EHU restictions for renters, with the addition of a rigbt of fusi refusal for each of the parhers to purchase its share of resale units. QUESTIONS: A. How will the profit from the sale of any free market units be (a) divided and (b) aPPlied? Printed by Andy Knudtsen /95 From: Andl. KnudCsen To: Sr-lsa.n Connel1y. Tom Moorhead s\rbj ect: Red sandstone =:=Nc'TE===wtratr I treard ats counci1 tgdaL was thaC: 1) Council endorsed €tre merno presented with t'he fol1owing'clarif l"cations : 2, Mike Jewetst wantsed co Eee smaller. af fordab]-e unics- A ma.j ori tl. of Cor]nci 1 thouqh tshat tsownttor-rses wi ctt garages which "b]-ended witsrt the neiqtrborhood" were imporLant. The majoritslt expressed a lrreference for 1arg:er urtitss irtgtsead of sma].fer units. Ttrough llot e)<presged at ttre trearing: 'sta.f f MAY be ab1e tso work in a few(orre or e\^ro ? ) of ttre sma1]-er units intso tshe program wieh.out diministrinq tlte qua.lity of tshe proj ect. 3 ) conce?ning ttle ques ts ion on tto\^tprofit from market rate unibs wou1d ]tre used, ctre courtcil de].egaced Ehe deej-sion tso staf f . The monel,t !'t111 eictrer be used to l-ower ttre p\rrcha.se price or wi].]- be used j.n a futureproject, deFendinq on tstre glreatest need - 4)Slrbia e,<tr)rea.Sed concern t}" aE tbeprojects shou.ld noc inc].ude anlz free marke! rate unils - staff acknow].edged btra.t tstrat would be cfle gioal and free market rrnics would be incauded onl]' as a. last: regor! - The rest of the courrci 1 concurred. carr I'ou ttrink of arry F oinEs a miss€d? I t rrot, , I w111 print this ouc and use it wittr ttre memo sEaff prepared as ctre record of courrci]. 's l)ositiort- Pager 1 Printed by Andy Nnudtsen 9 r l1am F'rom: su€tan conne].].ltTo: Andlt Knudtssen subjece: fwd: Red Sarrdstone ===NoTE=== ==3/A5/96==3 s 54F'm== Bob had many queE tsiong (borderingt on concerng) aboutr what we are tr)resencinE!o Counci]. Tuesda,lt. P]-ea.se ]-ea.\re a copy of tshe a.greemenb for m€! tso review over the weekend- rt' worrld be qood to have Pa! Dauphirtais tr)resent in additsion tso Tom Braurr if ats a].]- I)ossib]-e- F'wit=by : =Andy:r(rrud t E en= 3 / L5 / 9 6 =: 4 : 2 1pm== Fwd tsor susan conne].1y The concept has nots ctranqed since aast t-ime I revievted it with f/ou, e)<cetr) ts fhat the Digtsrict tras dome around Eo ag:ree \Ittj. Lh s eaf f on ttre of fowrr contsro]. of a tr)ercentsaEe of \.rniEs. tstre issueche Most import.antsLy, ats tshj-s time, its is onLy a concetr)E for a. discusslon. A! tb.is time, ttrere is no ag-reement tso review. Ttre watrer DisEr1cts attornef, wil-a be dra.f tsing !l:te agfreernents and it wi].l be scheduled for later in this monttr or ea.rllz in tshe nextr. No drafc wents out in tsfre pa.ckets since Bob Mc].aurin and Pat didn'ts reactr cheil agfreement u.ntil- ttris morning (I be]-ieve) - Are you lj.ncomf ort.alrle with tt.e ]-ack of written detra.i]-? Ttre ideas trave been rerriewed severa]. timeq and Ehe dl-gtsrict has eome around to ttre Tov staff pos lt ion - we j us t don I t trave 1c wrl- tten down f or ne)<t Tuesdalz - Wtra ts are lrou.r ttroughts? Fr^rd=blr: =Srlsal}=Connea f=3 tlt5 /9 6==5 :43pm== Fwd to: Artdy l(nrldtsen LeEra ac ]-easts do a onepointss./questiorr.s tsc, bewtricl. we need agf reement pager orr grle discussea and onor direction. Page: 1 F r R s l" * o r E c r I o N c o R|f, . A r r.o N FPC March 14. 1996 Tov{0ilrd, Dtv, D[PT, Ms. Susan Connelly Town of Vail Community Development I I I S. Frontage Road Vail, CO 81657 Dear Ms. Connelly: Although my wife and I have felt that Vail needs to construct adequate employee housing, I do not believe that the proposed housing project on the 1.2 acre parcel along Red Sandstone Road across from Potato Patch Club should be used for that purpose. The Vail Valley Consolidated Water District sbould reconsider the proposed mission of the development; and stated goal "to have a quality project which controls costs to the greatest extent in order to make the project as affordable as possible." This proposal is filled with problems from the conception. The article stated that the project could include 12 to 20 townhomes and may include condominiums. The issues of heavy traffic, noise, sharp curve and safety problems already exist on Red Sandstone Road needless to say the possibility of additional traffic presents serious safety issues. Additional issues to consider include surrounding property values, aesthedcs, density and enironmental impact. I strongly recommend that the 1.2 acre parcel proposed project be canceled. Best regards,\ h\\ \I**'rtr+1 J{nes tseltz \ /fu '/ twt' ./)(;r^.^ ,; / {krn, I 1?,1(?a l. 2. aJ. 4. 5. 6. 1 8. L QUESTIONS: A. Howwillthe (a) divided -'i: " '-+"-"' L- f" +'- '-l-o l. *' sale of any free market units be 6{? 6-_$--<-e r -t "-.- r-U frO. fi",' A^(//,,t. e+*^rt <-'h^.1/\- PROPOSED VAIL VALLEY CONSOLIDATED WATER DISTRICT (vvcwD) - TOWN OF VAIL PARTNERSHIP FOR LOCALS HOUSING. REDSANDSTONEROAD OUTLINE OF THE PROPOSAL l2 -20 units for sale orrent (to be detennined)' wcwD and Tov each will contol number of units equal to percentage ofland each puts into the Project. WCWD will be the develoPer TOV participation is dependent upon completion of LOA tansfer of parcel from USFS to TOV. TOV will initiate a rercning of the usFS properly. wcwD will initiate rezoning of its ProPertY. The project may include &ee market units, up to 25% of the total number of units. ' The two partners will jointly convey the land to a homeowners association. Construction financing will be on a prorata basis. Deed restrictions on the units will be the same as on the Vail Commons units (if owner occupied) or other TOV EHU restrictions for renters, with the addition of a right of firsirefusal for each of the par6ers to purchase its share of resale units. --:fri d**6ry:l* 0r<r \ , '>t{a // g,*'-\ 7 t-nt-o4, & 7.a,t -t' ..1 \.-,..>)2 t-V /' -)u '''-"'Y;jE! '1r'' !''e "=-'-: ' 'PZ ; =f:;l ->?-r '7/*d -/rn,y' r 17,[nr#;:-;'W - \ ,f-7 fr"o /n fufl-1 # p-r*/-t ->ra ,J*-,--87,"-r**r.?*V, y'r, -*7 A'&y'*/ '> {,tp - lar, -,-,^,.7-- ryA ;:HrY >1'u I i!*, J -yt-o"", 1y l-l:'. H-f-,f*,;rr& \_-,/ )-r-F s././.44' t>-?f .ra-rzyv?o U/ tg ' yt .-'-t -,u"?{ ,ufl --z'P1-7'" 4,r ,,//t-*^ /-a t7 , t 7n7'/r/./ *-^fl 'l 4***3 WjeT V /o,-n/' u : P?w'egl4--7 _".^-r7r l,l/nF/ "feta(, ':-'Y&y ^r4 y 7..-,*-t//1 r)#'u,,n-/ ,!,, 4 4,, O _>'>D*'- lv f.,4t'"=/f,7 . () T \-. >af,2_. '"-t-<e)-;to ->_.1--e z.F Z -e L7b -y4 2-l,l ,,i_4c.24t "Krz / 'yru" Svl : ----rz "*/*/ J-\A'a 4 --vJ'-aa Wi) '?t'7 "vr*,N q "/A ^? n-ra't*q- /'y!1 cry[/ l' L/ 4lr ,ret/ ^u/ u*rJ ttry' ^7'-"--u'-V J--rLe-* y JOHN' GLENN E*'o lflnttri Stdes Smutnr WASHTNGTON, D.C. 20510-3501 March 15, 1996 Susan Connelly, Director Town of Vail Community Development 11'l S. Frontage Road Vail, CO 81657 Dear Susan: I have been advised of the proposed housing development plan along Red Sandstone Road across from Potato Patch Club, on the parcel owned by the Vail Valley Consolidated Water District. I want to express my opposition to this plan in the strongest terms possible. ln fact, I feel it would be a real breach of faith to remove the restrictions that now prevents residential development on that land. As the Potato Patch Club owner with property closest to the proposed development, my property would be affected more than any other in Potato Patch. Prior to purchase of 18 Potato Patch Club years ago, I inquired as to the potential use of that land across the street and was assured that its ownership was by the Water District, and with the zoning restrictions it could not be used for other than its current purpose. lt was only with that information and assurance that we purchased the property-and that was a key factor. lf I had thought there was the possibility of housing development across the street, I would not have purchased the property. Now I am informed there may be between |2-20 townhouses and possibly even condominiums built on that comparatively small area. I cannot accept such a change withoul objecting in the strongest terms to any change in zoning. I purchased my Potato Patch property in good faith and feel very much let down that there would be serious consideration given to making such a zoning change. In the interest of fairness, I respectfully urge the Town of Vail, the Water District, and the Eagle County Commissioners to retain zoning of that land as it is now. Best regards. lc/jgc cc: Larry Barnes Chris Wright Prinred et Pdvtre €rpense €,, ruV{OI$M. D[V" ffiPT John Clenn 1.{ ":: .:.. - : .:,. .. .. ij .-'r:.--+.,;-.-..-- .. .r.-. - ..--...Ji .ri.:':: - : r":,1..! i1: .r,:.:i-| . . t. : ':{i'_j-t.':4. . ,1'_ :.: ! ]'-...',.':1. ,::,: 1- .-..:a.ii: t-: ,. :: :r. - qr{tglne €b'rrzan}* lvlarch 5, 1995 Mr. Larry G. Barnes Vail Home Rentals, Inc. 143 East Meadow Drive, Suite 397 Vail, CO 81,657 Dear Larry, .Tl*"k you for alerting us to the plarured Vait Valley Consolidated Water Dishict project As property owners,' we are very concerned about rhe proposed use of the Land parcel- Although we have long felt that the town of Vail has neglected to adequately plan for employee housing as the town has continued to glow both in sizl and in coi,me.c", we do not believe that the proposed stte should be used for that purpose. _ Tobetrn with,,the Vail Valley Consolidared Water District should reconsider the proposed mission of the developnent, and the stated goalt'to have a quality project wNch controls costs to the greatest extent possibleLin or'der F F"kg the project as affordable as possible-" This proposal is fraught with problems from the triglming maki.ig rhjs stated goal almost an oxymoron. Secondly, the fact that the units may be available to* persons- who are not district emplovee-sTEires theJIIiEE- reason tor tfie development, and produces additional concefns. Thirdly, the indication Urar if the district d.ecided to sell the units rather than lease them, according to Brar.rn "titles will contain deed restrictioru limitiig rnarket value appreciation ro keep the units affordable foi subsequent buyers." This procedure of limiting market g!$qs bo upgrade, mffitain, orlmtrove ttreir ta{f Trnengrweai ,fdvi . rff//. Watt/}grtu", @,C. ZoooZ %4b/rne,- (eoz),*se-?ffi eana/2,. {zu)&e9-Bog) i-. r . _: : l-+f:i.-:.1.j.:'::i : : :'::i i' . Ir1'r__ .-:, :-: 1 ,i: .i ,i ..: ._::: :': . .' : :.: , ,: j'i -- i. : r.: :.: _ - ..:i:r'-: -: -:. i: Fi,'...:. :. . {,..'- TNs inEinsic disincentive would result in the adverse effect of *r.lgging u futut" slum area while the suroundingpr@dnue to maintain and- irtprove their properties. This lack of incentive would be Mr- Larry G. Barnes March 5,1996 Page2 to the value of the stmounding properties and owrers. Finally, according to the artide, "The project couid indude 12 to 20 townhouses and may indude condo- ' miniums" - a proposal rvhich is not only insensitive to the size of the parcet of land but one which also biatantly disregards the existing neighborhood and raises enough red flags to cover the entire proFerty (!) induding safetv,. property values, aesthetics, densit_v and impact. to name a ferv. environmental I urge you to move quickly and to be forceful in communicating on our behalf, and to be very clear on the mr:ltitude of reasons for denying this project and recoruidering the land's use. Please let me know to whom we should send a separate letter stating our concerns, particularly who from arnong the Eagle County Commissioners and the VailValley Consolidated Water District we should be addressing. Please also let me knolv vrhen and how Dick and I can be of more help to you. *rl Sincerely, o ! itI i I tt tI Y)W*F n 0,-{ uiD'u .{ W W,[nu'' in*'- 8,/ fl"/*-,,--- ft^ rA*^l ).JV€ltO_-yrV ftI V @vtA -TzV fum:tM- lr*^-il^p-aa^"a"#p**!-Wiru z lYslq u fiur->u€ oF T-tt€ LdL zf di'e-<- - ,",-.4- f 64-- L JrwJ.- J dy- a.* ^'- { ----/^- t-=n x f. n .,t T^7,/T lt. --z!&ktzfL er<I-%t'4*^ 7L; il'o e^-A'/+-'4 ta)ut% .ry V Ii d*LJ- ur-at dl^ (*-J &, o- tful*. l. 65' oavxA"*-r<r^t €:*? z-s/( L e]- f u-*-b. * 4-o" - L @ F-'--l ,7 -sl**, H*%* tL 4^P* @-'A..J ,4akc-d*,,a fur L-.ilh*..{"i;ffiC*'d'' sat& 4ftu4*fr1 "al;e .//3' ry4 -vr?* 'u-Y /-C/A,/T-*TD tr .ry 4--/ A JIl BIR.AtjN ASSOCilATIES" III\C. PLAN N ING and COf4f,lUNITY DEVEIOPt4ENT March 18, 1996 Mr. Andy Knudtsen'lilwn trl'Vail 75 South Frontagc Road Vail. C{) uI6.57 RL: VVCWD Local's l{ousine Proicct Dcai Andy: As wc have discussed ovcr thc past t-ew last wereks, the Vail Valley Consolidated Water District (WCWD) is vcry interested in incorporating the USFS/IOV parcel into our local's housing project. Bef<rre we hegin design work however. we will need to have a letter of understanding with thc Town outlining the terms under which thc Town will arnvey this parcel to the WCWD. Thc following summarizes <lur "proposal" klr the Town's involvement in this projecl and the use ol the USFSITOV rrarccl: l) As developer ol the project, thc VVCWD will mainlain all control over the design and devekrpnrent program ot- the pnrject. Thc property will be developcd as a "local's" housing pruject and will include decd restrictions which will require, among other things, unil occupancy by locals and appreciaticn limits on unit re-sales. The WCWD may, at their discretion. includc r limited number of free-market units within the pr<rject (the number of liee market units nol to exceed 25% of the total numher of units conslructed). l) Thc WCWD will work with the fbwn to establish an agrecment lbr the TOV Housing Authoriry to cnttrrclr decd restrictions and administer the salc of units. .j) Tht: VVCWD may either sell or rcnt the units, provided however, that the rental of any unit shall comply with applicablc deed restrictions regarding requirements for occupancy by !ocals. 1) The VVCWD or their assigns will maintain a "tirst righl of refusal" on all unit re-sales. When thc VVCWD does not excrcise this "tirst right of refusal",, the WCWD will make units availahlc lbr sale to the general public through the Jbwn's lottcry system. 5) Thcr TOV agrces to initiate the re-arning process ol thc USFS/TOV parcel concurrent with the VVCWD's application to re-zone the Red Sandstone parcel. It is understood that the VVCWD rvill act as thr: proponcnt of this re-zoning and that this proccss will be initiated prior to thc conplclicrn of thc land exchangc with thc USFS. Minturn lronworks Building 201 Main Street, 2nd Floor Post Office Box 775 Minturn, Colorado 81645 Phone - 970.8275797 Fax - 970.827.55 07 6)ln consideration tbr providing the USFS parcel, the WCWD will offer the Town of Vail the opportunity to becomc an equily partner in the project by providing up-front project constructi<ln fundiru in exchanse for outrisht title to units constructed and a oeroetual "and a perpetual "firstconstructi<ln funding in exchange for outright title to units co right of relusal" on -said units. For exampie, if 16 units are cif 16 units are constructed and the Town provides 25o/o of the project costs, the Town would receive title to four (4) units at time of project completion. At their discretion the Town could either maintain owne$hip of these lbur units. designatc qualitied buyers (i.e. TOV employees), or put the units up for sale through thc Town's l,ottery system. As you arc prtlbably aware, the VVCWD ean movc tbrward with a very viable project utilizing Parcel D only. However, incorporating the USFS parcel into the project will result in the greatest number of housing unils and in doing so provide the grcatest community benefit. It is our hope that wc can rcach agrcement with the statf and the Town Council in order to capitalize on what appears io bi: an exccllcnt opporluniiy to maximizc thc nulnber of liousing units that can be conslructcd on these parccls. Pat Dauphinais and I will look forward to discussing this proposal with you and the Town Council on March 19th. Assuming the Council is amenable to the gencral terms outlined above, I would like to work with vou and Tom Moorehead to prcpare a more formal intergovernmenlal agreement belwe€n the Town and the VVCWD and rcturn to the Council for their formal approval on March 26th. I would then anticipate that the WCWD Board will act on the agreemenl at their board meeting on March 28th. Thank you tbr your help with this project. Sinccrclv...--'n'\n Thomas A. Braun Pat Dauphinais Dennis Celvin Bob McLaurin run wi.th Printed by Andy Knudtsen 2/2 22279m From: Andlt KnudcserrTo: Bob Mcl-aurin Sr:b j ect: fwd": Red sartdseone ==:NC'TE=:= =:2 /23 /96:11 :2?a.m== Tom Bra-urt trag caaled me and said Ltrat the project l-s now back to lhe way it *is -ori6ina11fz proposed. wit'hout - goingi into an}. detai]-, he said that vA j-s outs of ic- He and Patr wou1d ]-ike to rneet r^titsl- us n€xt week- Tbe prob]-em- - frorrr schedu1e is rea].llt cj.gfht - You tlave one oPening, buts I yrave }. ad somettring bpoked for t'trat. trour since a coup].e weeks ago- I arn recofiuneniling t}. aE a meet wiEtr them and bring you up co speed 1aber. How l-nvol\zed would you like to be on Ette pfoj ect? f can e!>anqe my sctredu].e if needed- F\rd=bt : -Bob=McLaurin==z / 2 3 / 9 6 ==2 z 27 pm== F\rd tso: Andl' Knudlsen its a.nd le! me kn()w trow it g'oes Page: 1 Meeting notes fromDec,20, 1995, Pat Dauphinais Tom Braun BobMcClawin Tom Moorhead Andy Knudtsen Red Sandstone Tom Braun reviewed survey. 10 - 12 townhomes could be built based on Ce!@lDal su1n plan, t /-,. Possibly another five lournhomes if USFS/TOV land can be used ' Town likely to contibute land (affer LOA is complete) for Phase II. r' To start SDD process, must have USFS signature on application. ' SDD process desired as units will not conform exactty to the allowed EHU's in tlre existing zone district., In addition' if free market units are needed. SDD orocess is a must.u@ at rirarket rate to cover costs of EHU's. Ma.xket rate units will be as few as possible and may be none. District will take lead in development, Will hire a design/build tean to handle design and constnrctioL District to contibute [a$d at no cost to prospective purchase. ( To be confirned by Water Board). District will sell townhom€s at cost of derrelopment- hard and soft costs. Project will be revenu€ neutral- no loss or gain to Disfrict or TOV. $110 per square foot was suggested as a target price. Vail Commons construction cost a:rd sales cost at $109 per square foot. District agrees to deed restrict all EHU's with TOV deed restrictions, including 3% cap on appreciation and TOV resale methods, including use of loltery process to select potential purchasers. District has fulds to cover all constuction costs. No construction financing will be required. As a rcsult, cost of development will be reduced, benefitting the prospective purchaser. TOV may end up owning one unit out of the development. District may also. TOV primary concern: credibility ofhousing program. Quality and consistency are key. TOV and District wanl to capitalize on momentum of Vail Commons. Follow up: 1. TOV to get USFS signature on SDD application. 2. TOV staff 1o discuss concents with Council at 1-2-96 executive session, Future steps: Select design/build team (Distict to lake lead, consulting with TOV;. District to develop drawings. Disfict to submit SDD application. Endnotes from 12120195 l 2. J. f:\n'ery.,aF\ardyladEinte&add20 a Meeting nobs from Council Discussion January 2n 1996 Overall suppo( for project. Some discussion and. interest to Creaie smaller typres of units, Provide a variety ofunits, Desip the lock-ofls for seasonal rvorkers, etc, Iligh level of interest in compatibility with sunounding densities. Conclusion SDD process is acceptable. Contribution of TOVAJSFS parcel as Phase tr is acceptable. End notes fton 1/2/96. 2-15-96 Bob, Here sre the two i$$ues in a nut shell: 1. The project ueed to be revenue neutral Now, the Water District may be nraking up ts $200'000. 2. IfVAhas $100,000 to contribute forland co$t and adilitionalfunds for construction finlncingr we need their partnership on bigger proiects: USFS pilot project, $easonel housing, fimber Ridge' etc. Ilope your meeting goes well Andy f:\ev(y<no\adSrdrnidto&md-tDo REQUEST FOR QUALIFICATIONS AND STATEMENT OF INTEREST FOR THE DESTGN AND CONSTRUCTION OF A "LOCALS' HOUSING PROJECT The Vail Valley Consolidatod Water District (WCWD) is interested in retaining design/build services tbr the dcvelopmsnt oi a local's housing project. The tbllowing describes the devclopment concept. the approach to this project, a description of the development site, criteria to be used in selecting a design/build team. a tentative project schedule and other intbrmation relative t() this project. DEVELOPMENT CONCEPT and DEVELOPMENT TEAM Thc WCWD owns a parcel of land that has been identified as a surplus parcel of land no longer csscntial to the operation ol the WCWD's watcrsystem. The VVCWD is interested in utilizing this parcel tbr the dcvelopment of a local 's housing project. It is anticipated that the project will crtnsist of approximately l4- l8 townhome or condominium units which will be sold or rented to locals who live and work in the Upper Eagle Valley or Eagle County. It is the VVCWD's goal to design and build a quatity project which controls costs to the greate$t extcnt possible in order to makc thc project as atfordablc as possible. The VVCWD has had preliminary discussions with three other parties that may participale in the deve lopmenl o1'this pr<rject. These parties include the Upper Eagle Valley Consolidated Sanitation District. the Town of Vail and Vail Associates. At such time an agreement is reached between thesc parties. it is anlicipated that a sub-committce will be tbrmed thatwill be responsible for detining the dcvekrpment program and the on-going management of this pro3ect. APPROACH TO PROJECT Managing deveklpment costs will be a critical eleme nt of maintaining the allbrdability of this local's housing pnrject. Thc VVCWD has selectcd a designlbuild approach as the most effective and eiTicient mechanism lirr contrcllling cosls during the design and construction of this project. Thc VVCWD is intercstcd in retaining the services of a design/build team comprised of a crlnstruction company. an architcctural firm and other sub-consultants as may be necessary for this pro;ect. The VVCWD is vcry intcrestcd in a design/build team that can provide "turn-key" sewices tilr the dcsign and construction of this prqect. The term "designihuild team" is used throughout this RFQ. The use of this term is not meant to preclude a design/huild firm (one in which design and construction services are provided by one organization) tiom submitting a response to this request, DESCRIPTION OF DEVELOPMENT SITE Ret'errcd to as thc Red Sandstone parce l, thc project site is located in the Tbwn of Vail on Red Sandstone Road directly across fiom the Potato Patch Club. The property in 1.2 acres in size and is currently zoned Generat Use. A topclgraphic survey of the propeily has been completed and is available tbr review at the oftices of the WCWD. The Town of Vail is negotiating a land exchange with the United States Forest Service (USFS) for a parcel ofland contiguous to the Red Sandstone parcel and the Town has indicated an interest in rncorporating this parcel into this project. The Town of Vail parcel is approximately .25 acres, hringing the total development site to approximately 1.45 acres. The final development plan and construction schedule tbr this project may need to be phased depending upon when the Town obtains title to the USFS parcel. DESIGN/BUILD TEAM SELECTION PROCESS Thc VVCWD is interesled in proposals tiom experienced design/build teams that can demonstrate successt'ul completion of design/build projects and affordable housing projects. The VVCWD. or a sub-committee appointed by the WCWD will review all responses and based upon its discretkln and judgement will select the design/build team or teams deemed most suited for this project. It is anticipatcd that interviews will be conducted with one or more teams and based ()n thcse interviervs. a linal design/build team will be selected by the VVCWD. WCWD will then cnter into contract ne gotiations with the selected design/build team. [f contract negotiations are unsuccesslul, the VVCWD reserves the right to terminate negotiations and initiate negotiations with ()nc or morc of the other respondents. VVCWD also reserves right to reject all responses to this request. TENTATIVE PROJECT SCIIEDULE It is thc VVCWD's dcsire to begin construction on this project during the summer of 1996. The tolkrwing outlincs a tentative schedule lbr the selection of a design/build team and the design of this project: February 16. t996 RFQdistributed February 28. 1996 Deadline tbr submitting responses to RFQ March tl. 1996 VVCWD urmpletes selection process March 15. 1996 C.ontract negotiations complete April 12. l996 Completion of schematic design alternatives April 26. 1996 Completion of schematic design and cost estimates May 26, 1996 Completion of preliminary design and cost estimates July 15. 1996 Completion of construction drawings and final cost estirnates August I, 1996 Initiateconstruction It is assumed that lirllowing completion of schematic design the WCWD will prepare zoning and development applications tor submission to the Town of Vail and that the Town's approval process will run concurrcnt with the preliminary and tinal design of thc project. MATERIAL TO BE SUBMITTEI) Responses should include the tbllowing intbrmation: | ) A brief description of the firms to be involved in the project, 2) A statement of interest and ability to pertbrm tasks within the tentative schedule outlined above. .1) A description of projects (including client references) which demonstrate the teams experience in design/build projects, 4) A description of projects (including client ref'erences) which demonstrate the teams (or individual firms) cxperience in the design and construction of atfordable housing, 5) A brief outline of the cxperience and background of key individuals to be assigned to the project and an indication of the level of involvement each key individual will have in this prqect. 6) A brief description of how the team would propose to structure a contract for the design and construction ol'the project. This description should include a preliminary indication of tbe structures tor b<lth the designer and the contractor, key steps in the design process, and methods uscd kl cnsurc cost control of the project. This description should be limited to no more than two (2) pages. Design/build teams interested in this projcct should submit tlve (5) copies of their response to the VVCWD no later than 5:00 p.m., February 28th, 1996. Responses should be delivered tol Ms. lcslie Allen Vail Valley Consolidatcd Water District u46 Forest Road Vail, Colorado t]1657 INQUIRIBS REGARDING THIS REQUEST Questions or comments regarding this request should be directed to Tom Braun of Braun Associates, Inc. at (970) 827-5797. I mn fl/ tsR.Ar-Jn\ ASSccilATFS, INC. PLANNING and COMIYUNITY DEVELOPMENT VVCWD LOCAI.?S HOUSING PROJECT Preliminary Development Program Essential Components to Project. Private outdoor space/dcck or patio. Accessible crawl space for storagc (in lieu of full basement). Guest parking. Gas heat. l,aundry hook-ups (don't need to supply w/d). Enclosed parking (small two-car or oversized one-car). Central recycling Preferred Components. Townhome configuration. Walk-out. Basement (unfinished). Two full baths. Useable common outdoor spaces/i.e. lawn, play area, etc. Unit Mix Assume [6 units, evaluate tbasibility of more units during schematic design phase. . Four (4) 1,200 square foot 3-bedroom units Z-car garage. Eight (8) 900 square lbot 2-bedroom units 1 -car garage (oversized). Four(4) 600square foot l-bedroom units I -car garage (oversized) Unit mix must consider etficiencylcost of building design and construction, i.e. modules, how rnany ditferent huilding drxigns, etc. Minturn lronworks Building 201 Main Street, 2nd Floor Post Office Box 775 Minturn, Colorado 81645 Ptcne - 970.877.5797 Fax - 97O.8),/.55Q7 Meeting notes fromDec. 20, 1995. Pat Dauphinais Tom Braun Bob McClaurin TomMoorhead AndyKnudtsen Red Sandstone Tom Braun reviewed survey. l0 - 12 townhomes coutrd be built based on conceofial site plan Possiblv another five torvnhomes if USFS/TOV land can be used.tir@ E 6trrF @*4ryF*,#*sffifi"t$H€ n' To start SDD process, must have USFS signature on application. SDD process iesired as units will not coform exactlyto the allowed EHU's in the existing zone district. In addition' if free market units are needed, SDD process is a must. District may desire to sell a few at market rate to cDver costs of EIIU's. Market rate udts will be as few as possible and may be none. District will take lead in development. Will hire a design/build team to handle design and constnrction- soft msts.costwilf l. 2. 3. $110 per square foot was suggested as a target price. Vail Comnons construction cost and sales cost at $109 per square foot. District agrees to deed reshict all EIIU's with TOV deed restrictions, including 3% cap on appreciation and TOV resale methods, including use of lottery process to select :ffi*4f' dcfli|naasl*l}I-'.4 lt@EE*tffi ffi rfi ehEF. TOV may end up ou'ning one unit out of the development. District may also. TOV primary concern: credibility of housing program. Quality and consistency are key. TOV and District wanl to capitalize on momentum of Vail Comnrons. Followup: l TOV to get USFS signature on SDD application. 2- TOV staff to discuss concepts wilh Council at 1-2-96 executive session. Future steDs: Select design/build team (Disfrict to take lead, consulting with TOV). District to develop drawings. District to submit SDD application. End notes from 12120195 f:\evety@owdy\adEiabodsslrd.d20 I Meeting notes from Council Discussion January 2o 1996 Overall support for prcject. Some discussion and interest to Crcate smaller tlpes of units, Provide a variety ofunits, Design the lock-offs for seasonal workers, etc. High level of interest in compatibility with surounding densities. Conclusion SDD process is acceptable. Contribution of TOV/USFS parcel as Phase tr is acceplable. End notes from 1/2D6. ""? 2-15-96 Bob, Here are the firo lseues in a nut shell: l. The project used to be revenue neutral Now, the Water Ilistrict may be making up to $200'000. 2. IfVA has $100,000 to contribute for land cost and additional funds for construction ffnanclng we need their partnership on bigger projects: USF$ pilot project, seasonal housing' Timber Ridge' etc. Hope your meeting goes well Andy -4stt4qFrt.r'.!lt_kf* -j- /-nnr*r" '- e'*' dt !+"dr'" " '.t 'i'iif ' n\cvdyde\andJirddhvenBandd20 BAI/ BRAI-IN ASSOCIA I 85, INC. PLANNING end cc)MMUNITY Tft FROM; DATE f.Lj: COMMUNITY DEVELOPMENT MEMORANDUM Bob l\ilclaurin Tom Braun February 12,19% lht D,auphinam Dennis Crelvin Andy Knudt-sarr VVCWD Housing ProiectRE; As wc discussrd, thc lbllowing information describes the WCWD's preliminary dwelopmcnt $onQ9?t for thc Rcd Sand.stone parcel. Attached you will find copies of material presented to the VVC'WD last month that outlinc the WCWD's approach to lhis pro!*L This infurmation irctdcs a lncal's Housing Proicct Ftamcwork for Agreemeirt and a land Cwt Sharing Alrcmativc. Thc VVCWD's dcvclopmcnt conffipt as$umes that bur partners (VVCWD, IJEVCSD VA aud ttrc Town) sharc rxlually in tho co6t of developing thc project and all partie$ Iesive an equal $hare of the unils corctructed. For exumple" the cost of crrnstructing 16 unis i$ shar€d betrcen tlre four purtics and cach p,arty rccciver titlc to four unirr tbllowing umpletion of the pmject Thc follrrwingsumrnarizes thc thrcc rnajorcomponents of this developrnentmn€?t: l.,rtrd Costs The VVCtrrD md the Thwn provide the land and the I.IEVCSI) and VA prnvide.essh payments tn thc WCWD such that each nartv has an rrcual inrrestment in the land. Rcfcr to thsattasfrpd Lsud Oost Sbaring Alternativc tbiarJditional infi'rrmation on lnw sharing land cws could be strusturd. Developmtnt Coste Each prrty share+ equally in soft ccrts, site developnrent and building cou$truction. rile have prcpairrt "ery prcliniinaiy cstimates of probable ttivclopment qxs frsod on 16 - 1,000square fooV2-c.tr goragc townhonw unils: Buildingonstruclion ($l IO/ft for uuit" $55/ft torguages) Sitcdcaclopmcnt Soft cocts Prcliminary estimate of pnlbabh dcvelopment cmts llmrl on rhc abovc. c.rtimatul unit cosls arc just undcr $ 15O,00O- Again, thcsc numtrcrs arc prelirninary - hopefully wc can gcl thc unit cmt down during thc desip proccss. Nols that soft costs do not includc corstruction financing land crnts, tap fccs, T0Vpcrmil fccs, bmlscrage fees ur markcting crpctr.scs. As you cau imaginc, onc or morc of thcsc soft cmts umy cnd up back in thc pmforma. $2,(n0,000 $200.0fi) $ffr6Jxn $2,396,0fi1 Midtrftr horrv',orLs Eui6ing 201 l4ain gtreet" Znd Floor hst Offrce Eox 77b Mintum, Colorado 81645 Fhorte - 778,8Z,5T'7 F* - 97t).8f,15fi(7 Use of Units The WClllD is intercstd in a simplg flexible arrangement wbere by each party shares in the cocs and rhen is esscnrially on its own Ctth regard m rhe flrrure us: (or safu; of oicn irnit- Wilhin ue Irameworx ol a tew agrccd upon Param€ilErs, each parly can do wbat it wanF with ib unils. The Town could rcnt lhem, sr:ll thbm tb ToY_employet*, oiput thcm in the Trrrn-wi& lnttery systenr. The sams is true for rbc WC-WD, UEVCSD arid VA- Ss loy.fnow, gJty dcat ()I lhili typ€ i.s farmore iuvolved than thc tramework tlcscribed abovc. My immediate goal is to obtain preliminary sign+fft fron each party regarding rhis dweloprnant conacpt. After cach party has agrccd in mnccpt, the District-s aitomcy wiii prcparc adiaft ocvoJ0Frrent flgre$-meBl. Un(t we haye a dralt logether we wilf figst vith eash party ald hammer our ths ue(F.s$sry details, I woutd 0e tpppy to attond your rffiting wittr the (buncil in order'lo answer any qrrestiors thy may havc. Oiricn rhc vcry freliminary iature of this arratrgesren1 t would ask tirit you have tdis discussion with thc Councii in Execuiive Srxsion. ncasc iall witir auy questims y6u may havc.'lhanks again tbr your timc. LOCATS HOUSING PROJECT FRAMAWONK TOR AGREEIVIENT 1. IANP COST ' All parties share equally in land cost. WCWD provides Parcel D, TOV provides USFS Parcel ' Based <ln pro-rated values of two parcels, UEVCI$D and VA provide cash to VVCWD and possibly TOV. Possibly obtain new appraisal of entire site (both paroels) ' Possibly consider in-kind/other services provided by parties a$ contribution toward shared land costs 2. PROJECTCONSTRUCTIONo Parties share in "fronting" conshuction costs @Vo each). Each party receives title to 25To of total units oonstructed. "Front" money to be returned to parties (if units are sold) 3. USE OF UNITS ' May be sold or rented (up to discretion of each party). General parameter$ on unit sales:- Units to be occupied by local employee Cap on appreciation for re-sales (i.e. 3%, CPI, etc.)- Partios maintain first right of refirsal on re-sales- Possibly administer sales through TOV Housing Authority- Other parameters up to each party, i.e lotteri€$, purchaser qualifications, etc. 4. NEXT S.TEPS. Meet with TOV and VA/finalize conceptual agreement. Solicit Design/Build teams' Assemble sub-committee/refinedevelopment program I.,AT{D COST SHARING ALIERNATIVE Ilevelopmcnt Concept ' [6 toqrnhome unils on both parcclc . Combined parcel size - +1.6 acrqs (VVC\[/D Parcel D -1.2 acres, USFS/IOV parcel- *.4 acres) Value of l"ond ' lWA Parcel D land appraisal of approximately $35,0fi) per unit (bas€d on fr€e- market, unreshicted units) ' Assume 66% of appraised per unit value, or $23,100 (because units will be resuicrcd) . Estimated value of $369,6{10, say $370,{1fi} (16 units x $23,1(n = $369nffi}) , ?5i6 of $370,000 = $92,500 share (in land value or ca$h) for each party Propoaed l,and Coot Sharing Alternafive r Pro-rate value of two parcels based on buildable area r Tolal buildahle. area of .92 acres on both parcels ' WCWD buildable area .69 acr€s, or 75% of total buildable arsa = $m,sffi ($370,000 x .75) ' USFS/IOV buildable area .73 aqes, or 25% of total buildable aree = $92,-500 ($370,000 x .25) . UEVCSD and \4A esch pay VVCWI,992,500 for its L5% share, or $185,fi)0 total ' WCWD writes down remaining $!D,Sfi) of land value for its 25% share ' TOV cxchangcs no cash (laad value of USFS/fOV buildable uroa ir S!D,500, or ?.SVo of share) . Each party provides ZSa/o of total land valua (in cash or land) TOTH- P.2}5 Printed by AndY Knudtsen From: Arldlt Knudtsen T;; gou- rur.r..l.ttin, susan connellft Subj ect: fwd: Red Sa-I:dstorte 9: 0?an :::NoT,E==: =:2/09/96=:9.42alf.:=Ttris projecc ttas gotten more comp].icated since we first met wacn Pat - As described by Pats durinq our meetingf -ictt-fri- on f,)ecember 20' tl" e project was rel/enlle rteutsra]- ' Ats this tl-me ' the ai"tii.c wia]- be picking| up $2oo,ooo- Patr actuaaalz tr)refert the former a.I)proactr - can tstre ttrree of us meeE and review ttre cuir=nt proposa1? 'rhe |eow'a strould trave a irnif iea Posiuion ort ttre DistricLr s tr)rotr)osaa - on a re]-a.tsed note, v''tren we meets, r -orria like tso talk abouts j-mproving the inf orma.cion e:<ctrange wit}. the districts ' From wha.ts I can ce1]-, Russ, Pat, and 1.ou (Bolf,) eactr laave PAR'I of tlae 6i.tu.=. letrere tras qotr to lle - a betr1er. *.rr to team up witsh Lhe discrict' and r ctrink !e scarts w!tstr a. rep- from tb'e Town t.o brainst,orm with the Dist and pull in th.e appropriat'e ToV p]-afters a's-needed- ghacl s mlz xo]-e, from what r can ce]-]", and T worr].d ].ike to ca1k with 1.ou atrorrt ltow r can be most effectiwe for t.he Town.Fwd:bt': =Bob=Mclaur!n==2 / ff/9 6=:2: o3pm== Fwd to: Andfz Knudtsen aec me know wtren\.ri-siL about tstris ]/ou wou]-d like tso issue - Fwd =bf/ ! =Andf,':Knud E s er]=2 / tL / 9 6 =:3 z 5 Opm== Fwd toi susan conne]-]-lz Is lhere an1. time in yorrr caaendar f,or ttris mee€ingf betsween Mondaft and Thursda.l'? Fwd:bt'::susa.n=conlael L=2 / f2 /96==8 : O Oam:= Fwd tso: Andlt Knrrdtsen Ttrursdatr between 10 a-m- and 11t3o oR we ca.n catscl. Bob ina break at CP Lrairling OR aftser eP Lra'inj.ng' Tuesday (lcriefly). Page: 1 PLANNINC rnd COMMUNITYDEVELOPhdEN| EAI/ Braun Associates, Ittc. F'AX TRANSMISSION i ffi; * 3't ^\.L,,*,ri^ /A"ry (*d&**- \t'11. z,\s'7 T*OM: Tom Braun Braun Associates, Inc. 11ol Lqga 3-.i. 5*-A rl'nr* f*-.1- lrArE: e\rr\tU. RE: dOCtrJt) PAGE$: € (tncluding this cover shee;l) COMMENT$r Q[;r,. r^tl- ",\ qu.attoto '-ftr\ Please call (970t.827-5797 if you have not received atl pagcs or heve auy yroblemr with this ffan$m$$tgn. nturn Ironwor rng 201 Main Street, Znd Floor Minturn, Colorado 81645 Phone - 970.827.5797 Fax - 970.827.5${J/ EO EaltT76 Minturn Colorado 81F*$ A{/ BITAUN ASSCCIATEs, NNL. PLANt.llF,iC and trOMH!,1-lli'Y I]EVELOpMENT MEMORANDT]M Ttl FROM: DATE: CC: ElobMcLaurin Tom Braun Februarv 12. 1996 Pat Daufuhinais Dcnnis Oelvin Andy ltnudtten VVCWD HousingPmjcctREr A$ ws di$cus$rd" rhe foltcrwiflg informrtion dr,ccrit]d$ th IVCWp s pplimiTry develupmt:nt .*ln,'*'nr tirr rhe Red S*ndctunriparcel. Attachsl you will find urpies of matrial pffi$entsd to the VVttD hst montft th{t outlrd: thE WCWD':$ approach ro-lhis pryjeq. Thll llf{JfinaUon inclu'd€s a [,pcal;s Houcing Pruiocr Framcwork for Agrouiint and a Land &int Shuring Alt€rnativ$. Thc VVCIVD's devekrpmcnt concept asq.rme$that four partrrcrs (VVCIVD,.UEVC$D, VAend the ii'wn) share,€Cuitly rn ihc ant rlf devetoping the projeci and all farties receivtr. an qual share ot rtr* utitr-* *tr-rtio.dl, Frrr cxamph. ttre. ccst1r{cdgiucting l6 rinitc is shared hetweefl the four priti*I unA r:"ct party receives tiile to four uni6 fnllowiag domphtion of the project. The inlkving srrmmiri'rss tht: lhril maj$r ctlmponents of fiis tlevelopmeni concrpt: L,snd Costs The VVCWD ond th+ Town provide lhe lsnd :rnd rhc tJFV{l$D nnd VA prtrvitfu-cth pa-ymetE to thc VVCWD luch that cach iartv ha,r an r*tual investmsnt iB tbe tand Rsfer ft ths al''scltcd l,strd Cmt Strurirrg Alrornstive I'or'sdditkrncl infirmation an hrw sh*ring l'rnd cssts could be struetur€d. Development Cost$ Each rraitv rharss squa1ily in soft cnrls, oito dctr. clopmont etd buiHing ooncttuolioq. llb hEve [r*pi,t iery preliniinaiy eitiraatcs of probable divelopuent cost$ Fsscd on 16 ' 1.000 quare ir xrir'?+;c r gui alc tu * ohotttc un iLsr Building cunutruuti$n ($1 I 0/f1 fur uuit" S55/t1 firr garages) $he dwelopncut SuIl Lrr$t$ Preliminary estimate uf ptttbable devclopmeil cme Bmed on the ahovc- srumat.Jd unit coa* are jusr unrler $iSO"fim. Agr*itt, lhcuc $$rxbsru ure prclininary - hopcl'ulty wc cen get thc unit crxt dwn duting thc*dqign pr$ssss. Nste that sott ir.'st$ dCI n6t inctirCe c,instru"tirril financing. land cnsu, tap f,EEE, TO\IpeiTil fees, bloherage-fues or marketing exprcn$ui. A.i you can ima$ne, Dn6 ur InprE rrf tbHis $ufl uh$ rnily €rlu uP rrBcl( li! thc proforma. $2.000,0s0 $200.ffiO lil90-uD $2.3e6"offi Minturn lronwOd<s Burld ng ?01 lrlain Strrct Lnd Floor Poct Qlfic€ Aox /16 t4rrIturn. Coiorado 816r+5 Ptmnc - 98.8115797f*c S70.9l7,S5tr Use of Units ff,, VVCWU is intere*ted in a simple, flexihlc arrange.Eetrt where hy c.nch p*rty sharet in theu*,ts rnrt rhon is ersenrirttv .,n iriown with resard tn the future use (or saie) of eirch irnif \ryithiil theinC rir*iir ooi-niiitiy on irs own wirh regard tn the future use_ (or sa-hl) of each unit Within the from"*ork oia tbw igrced upon pelqqgicrs, each party car do what.it wants witb itsunits" Theinc rircn-is msentiilly on ils own witlr regard tn the future use.(ot gale fo*n "oui.f .rnlhcmlscfl th'Em ril tOV emptoyeei of put them in thcTclrn'wide httcry $yttem. Tbc aanc is nue tbr the WCWD, UEVCSD snd VA. As vou know, anv d$al of thi$ type b t'ar more involved than the frsmswork described above' My i*ir"f iuG snlt is' rn obtain prcliririnary sigr +ffn from cach party rcgrrding t"bls developqeut concept. Afrercach partyiris ilgfesd in cnnccpt, theDistricfs..attumtv yillPigprytq1[ ----rluvclfiprucgt agtwurvirr, Oncp wc havc a draft together we will ftcst lvtth cac'tr Pan) atro naramcr trut the necersarv deuils. I wpuld b€ hapol, to attcnd your meeting *-ith tht Couucil in order lo answcr aoy questions they mav have. Gi"b-n rtrc very prelimirury iture of thi$ errengcrflent, I would ask that you hal.e this di,icuccion '.vith the Counbii in Execuiive Se*cion. Pleasc call with any questions you may have. 'I hanls again for your tims. I.AND COST SHAruNG AI,IERNATIYE Development Concept . 16 townlom€ units on both parcels . Cornbined parcel size - 11.6 acres (VVC"WD Parcel D -1.7 acres, USFSffiV parcel- *,4 acres) \hluc of Lsnd . 1994 Parcel D land appaisal of apptoximately $35,000 per unit (bas€d on free- market, unreBtrirted uilit$) ' As$ume 66Vo of appraised per unit value, or $23,11il) (because units will b0 reshieted) r bstimated value of $369,6ffiJ, say $370,000 (16 units x $23,100 = $369,60tD , 25% of $370,000 - $92,500 shale (in land value or cash) fur each party Prtposed Luud Cuul. Shuring AltefiHtivr ' Pru-rale valuE uf two parcels bn+ed ot buildable area . Total buitdablc arca of .91 asrps on both parocls ' VVCWD buildable arca .69 acre$, sr 75'7u af total buildablc area i $277,500 ($370,000 x .75) . USFS/TOV buildablc area .23 acrc€, or 25Fc of total buildablc arca : $92,5{m ($370,000 x .25) . UEVCSD and VA each pay WCWD $92,500 for its 25% share, or $185.000 total ' WCWD rvrites down renraining $92,500 of land value for its 257o share I TOV exchanges no cash (land value of IJSFS/TCIV huildehle rrea i* $92,5{[]. or 25o/a of share) . Each party provides 25% of total land value (in cash or land) TETffL P,E5 fl HOUSING OIIESTIOI\INAIRE Out of 72 full-time employees, we received 40 responses. Out of 40 nesponses, 25 employees own their own home, and 15 employees rent Thc avcrage mortgage payment is approrimately $875,00 per montt, not including utilities. Thc average rent for employees who have lived in their residencc for lcss than 2 years is $850.00 per month, not including utilities. Nearly half of the respondents live in Eagle, Gypsum or Leadvillc" Seven home owners have a mortgage of $11000.00 per month or more. Ofthe 40 respondents, 19 are in a household ofone income earner. lE would be intcrested in purchasing affordable condominiums. (Preferably 2 or 3 bedroom) 7 would be interested in subsidized rent. (Preferably 2 or3 bedroom) Top Three Conditions for Rent or Purchase: * Low Mortgage Rates/Low Rents * Help with bown PaymentslEousing Deposits f* Pets Allowed 44;oo/' tr* /-"'{ z 1 2 3 Yes 4 Yo! 5 Yes 6 7II 10 11 12 t3 14 l5 16 17 18 19 20 Yes 21 Yes 22 Yes 23 Yes 24 25 26 27 28 29 30 3l Yes 32 Yas 33 Yes 34 Yes 35 Yes CarotBko 36 Yes 37 38 Yes 39 40 Yes Yes (lrailer) Yes (lol rent) Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Y€s 9 years I year 6 $,€aks l0 y€af! I year 15 years 15 year! I year 3 monUu 2 yeers 2 yaars 5 years 2 years 1 year 6 yeare 30 ysa'3 l5 yaer3 l0 yos'r 1l years ? years 5 yaars 12 yoars 6 yearE 2lnyear! sfudio, ono, two Yeshree Yesthree Yes Notu/o Notrrse No No Sirs ,t studio, one, lwo hree lhree sludio, one two two, three one Benl Qwn , BeolAut I W notlnct I $1,200.00 Minlom 3969.00 Minbm 01,200.00 Eagle-Vail i375.00 Eagle $,100.00 Leadville 3240.00 colorado Ravor S245.00 Gypsum E808.,15 Leadville n/a Gypsum $1,000.00 Eagle t,150.00 Leadvifle S1,1,|1.00 Edwatd3 $849.00 Avon i670.00 Eagle-Vail n/e Avon 1550.00 Edwards .0680.00 Minlum $500.00 Leadvllle t48500 Vell $1,600.00 Edwards t1,050.00 Eagle-Vail $850.00 Avon $1,000.00 Eagle-Vall $1,200.00 Edwards $850.00 Gypsum i756.00 Eagle 01,487.00 Edwards 3175.00 Leadville n/a Minlum 1.|,058.00 Edrvads 3700.00 Avon 3l,000.00 Edwards $956.00 Edwards $200.00 Edraards i3E0.00 Avon 8989.56 Vail $1,056.00 Edrrards t1,800.00 Laka Crsok 3500.00 Leadvillo Locallon lncomer Y|trPru.ntR.| lnlcmrtedrsublldlrcdRent?Sha lnlelgllsdlEurchase Yes Yes Spouse Spouso Spouss Spouss One Ono Spouso One One Spouss Spougo One Spouse One Spouse One Ona Spouse Spousc tliro firo two two, lhreo two three lhlee h,\o hrea one, two lq/o t ro. &res one, two 2 Roommabs I monltl No Maybs- various rsasong Y6s Yes Yog No Yes Maybe - gfiordabls inl€r€3t ralc Maybc - lf I could tsnt ll out No Maybe Yes Yes Yes Yss Yca Ye3 Y€g Yes - lf lhey ware affodable Maybe - help wi0t dow,npayment Ye6 Yss Yeslll No No No No No Maybe Yes Yeg Mayb€ Maybe Maybe t1,250.00 4 m up Gypsum cr€ek ono Ona On6 OneOne 2 years Thrae roommab 5 monft3Spouso ,l monlhr One roomalc I monlh Yes Y6s Yes Yes Yes YB3 Yes YEs YE9 Yes Yes One 3 monlhsons a lifGtimoOns 2 monlhs One roommal€ 2 monlh3 on€ roommalc 6 monlhlOne I month Spousa 3 months Ons ll yoars Spouso l ycarTwo 2 mo.Spouse t monlh ono roommalo 7 mon0rr No Maybalhre€ two two lhree No mayba lhree turo Maybo No Maybe yes Yes Yes lhree Maybe - nol next to cGwod(ers Maybe two Maybe Maybe two COMMENTS: Transportationto and ftom work Mongage on house. Low interest rate. More money. Subsidized rental units - if they were in Eagle-vail Vail, Edwards or Avon. Not share aparunetrt with someone from UEVCSD ( neighbon are okay) Dog has to live there withme. Less rent than I am paying now. What would be my rnadmum percent to earn in selling it? What arc my obligations to the Disrrist? Do I have to sell it back to the Disria? What are monthly paynrents? What about down payment? Could we sublet? Pahaps assist errplryees in searing a loan - where is averag€ Joe going to get $20, 000 to $30,000 for a down paym€nt? A raise? Grocery coupons, galt coupons, perhaps a monthly housing strpcnd. Pickup other expenses (ski pass, health club) The District is really out oftouch with actr:al mst of living here, I really think asking peopie to move to Eagle/ Gypzurn is ridiculous. What about transportuion assistance? We live in kadville because we could not aford to live in the Vail Valley, but now we have trouble with getting to work especially in the Winter. How about bus passes or car pool vans? Grant me, as a firlly vested employee in good standing with the District, equal assistance with rny mortgage and living exPenses as you would the "new hires". Let th€re be no discrimination. Second mortgage to help finance child's college education and purchase of vehicle (with interest tax dedrtible). For those of us who have found housing while housing costs af,e manageable, we live 35+ miles away and transportation costs are very high. Rental costs in the Valley are oufiageous and for those of us who cannot aford a down paymenq rentals are IMPOSSIBLE due to ludicrous rents and an pet utrfriendly atmosphere. I *iU t a.ru toleave UEV and the Valley u the end ofNovenrber and go back to Denver if something doesnt come uP sooL That REALLY ticks me ofr I love this Valley and I love UEV, and fm ver! ."r"omtt ttrutthe "dig me's" make it so diffcult to live herel Please note this questionnaire doesnt cover all questionVconcerns and we feel there are more iszuesthrt need to be asked to employees lP .,rtt*,ry gding sqtrcezed out ofthe Vail area My renr ts 3T/o of my salary. It goes up at least $25 per mo/per yr. which is an 18% increase. Our cunent COLA increase is onty z"Z. e riralCnun raise is only 5%. I necd a new car and if mine w€re to fail, it woutd titerally put mi underl Enployee lo*iog may be my only chance at staying in this expensive Valley. I lovanry job aod *o"ld;dlt like to stay. Subsidized rent or firancing to buy dwelling of choice. I prefer prirracy aad do not wish to liye aqnvhere nesr my co-workers. Printed by Andy Knudlsen r/0 5: L9pm From: Dominic Mauriell<) Andy Knudtssen, Georg|e Ruther, .fim Cr-lrnutte, Irauren WaCerton, Mj.ke Mo]-lica, Rartdlz Stouder, Susan Corrnef 1]/ SuLr j ect: MDMF :=:NoTE=== ==a / 09 /96==4:39pm== secEion 18 - 14 - 09O Densitlt conbrol ' "A"strorlld read as f o]]-ows: A. Not more t.han thirttt- f ive s(truare feetr of gfross residential faoor area(GRFA) strala be permitsted for eaclt one hundred square feets of b\rildable sj'te area, rrTotal, densitslt straaa not exceed eiqtrteen dwellirlq unics per acre of buildable sit'e area. " (T} e mj-s'sing, lang-uage is in qu.ot.es. ) I am current].y workinq wittr Ctre town c ]. erk to f ix etri s 1 anquage in ttre code . Page: 1 Meeting notes frorn Dec. 20' 1995. Pat Dauphinais ' Tom Braun Bob McClaurin Tom Moorhead Andy Knudtsen Red Sa[dstone Tom Braun reviewed survey. l0 - 12 townhomes could be built based on conceotual sile plan Possibly another five townhomes ifUSFS/TOV land can be used. Town likely to contribute land (after LOA is complete) for Phase II. To start SDD process, must have USFS signature on application. SDD process iesired as units will not coniorm e*acfly il the allowed EHU's in the existing zone district. In addition, if free market units are needed, SDD process is a must. Disfict may desire to sell a few at market rato to cover costs of EHU'S. Market rate units will be as few as possible and may be none. District wilt tako lead in development. Will hire a desigo/build team to handle design and consffuction. Disfict to contribute land at no iost to prospective puchase. ( To be confirmed by Water Board). District will sell townhomes a1 cost of development-- hard and soft cosls. Project will be revenue neutral- no loss or gain to District or TOV $1i0 per square foot was zuggested as a target price. Vail Commons construction cost and sales cost at $109 per square foot. District agrees to deed restrict ali EFIU's with TOV deed restiictions, inciudrng 3% cap on appreciation and TOV resale methods, including use of iottery process to select potential purohasers. District has funds io cover all cortstruclion costs. No construction financing will be required. As a result, cost of development will be reduced, benefitting the prospective purchaser. TOV may end up owning one unit out of the development. District may also. TOV primary concern: credibility of housing program. Quality and consistency are key' TOV and District want to capitalize on momentum of Vail Commons. Follow up: 1 TOV to get USFS signature on SDD application. 2. TOV staff to discuss concepts with Council at 1-2-96 executive session. Futurc steps: 1 Select design/bui1d team (District to take lead, consulting with TOV). 2. District to develop drawings. 3. District to submit SDD application. End notes from12/20195 f:\ev€ryor€\endl4adaidrcdsasd.d20 Meeting notes from Council Discussion January 2, 1996 Overall support for project. Some discussion and interest to Create smaller types of units, Provide a variety of unils, Design the lock-offs for seasonal workers, etc. High level of interest in compatib ility with sunounding densities . Conclusion SDD process is acceptable. Contribution of TOV/USFS parcel as Phase II is acceptable. End noles from 112/96. f:\evervon6\a Mrdminv€&aud.dz0 fr-rwrr ur vrt rL LUn-uev 'lt,rrrr{lill I'rilluv up: ' . .cf{t). . ru: $u$*dlf5-24b2I 21:47 Ns.004 P.010Ec20'95 tt l$t4intl nrttu lirrn llt"t, ?0, lris. lic lhnrtiriurir ( ' 'lirtrr ll *rur . till,T"i]il'ff ** tl /ir^ 5t" ' g A,rrlrlirrrelrrcrr -rffi i\*,f , . j .,N noa li$odlrr$c -- i f. --*. f + r1 r .. r.'1 i- twrr l',';r'* rr.+ir *,r<r;..1,.*r.., ,T-n:.* t- r -.* *+ \ f ho* d li r]{l r,)i',r'h*rt.rr(u,,ri,'i';t'i,.,i,,,/' 4.1----r"L\"*#*J t , Ilri,11.,i,ldilt:m.l.l,:il,hl#/"".-;;,-,il;.":[[:;;J {. 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TOTAL F.A1 Board of Directors Rick Sackbauer Aairman Byron Brown Secretary Pat Dauphinais Chuck Ogilby Paul Testwuide General Manager Dennis Gelvin t coilsERVEa vuil v#ey Consolidated wu,", ilstrict 816 Forest Road Vail, Colorado 81657 Telephone: (970) 476-7q80 Fax: (970) 476-4089 November30, 1995 \ Mayor Robert W. Armour and Members of the Council Town ofvail 75 South Frontage Road Vail, CO 81657 RE: Employee Ifousing Sites Dear Council Members: _ _] am writing on behalf ofthe unanimous Board ofDirectors ofthevail valley consolidated water District. we share yo'r concern withemployee housing in.the_vail valley. withthe up#Eagle vaileyconsolidated sanitation District, *" h"rr" deveroped an in-creasing' concern over our ability to attract, retain, and have available near ourfacilities in emergencies, high quality personnel. we have some sites available. since we have been regionarizingour facilities, some water treatment facility sites have becom-e surplus.Two of the more likely and appropriate parcels lie in the Red sandstone area and adjacent to Black Gore creek in East vail. Enclosed are sitemaps on these two properties. It seems to us there axe two viabre alternatives to deveroping employee housing on these sites: (l) we do it; or (2), you do it. Itfurther seems to us that ygu are better suited to aeveioping these properties, because of your broader interest in fosterini eiployee unitsin the Valley. , Alcordingly, we offer these sites to you. We estimate thevalue of these sites to be in excess of $1.0 milion. we ask that you consider and respond to this offer as soon as possible so that we may, ^ (*k,-rNy' o_.," 6 r tH'# Iif necessary, pursue the alternative. We request that the Sanitation District employees be able to participate in the project. We also request that construction begin in a reasonable period of time (say, one year). The conditions of conveyance can be worked out in the next few months, but we need to know ofyour interest now. Again, we take no exception if you do not accept this offer. we simply haveconcluded that you have the energy and commitment, and will have ttr" "*penise,-requiredto develop a successful project. we ask that you concepnrally ucc"pt ttreoffer within 30 days or allow us to proceed otherwise. Thank you in advance for your consideration ofthis offer. Please contact me if you have any questions. Sincerely, T,,w8frcKetuftL Rick Sackbauer Chainnan Vail Valley Consolidated Water District cc:Robert W Mclaurin WalterKirch zo,vc\rdtbin$o.rdU!!\tovatrpb$!d I 4/zr--JA/l/Js/nr>-f ;--- [ :,)ts &*.J dL fa*Q -f.t* MINUTES . VAIL TOWN COUNCIL MEETING December 17, 1996 7:30 P.M. MEMBERS PRESENT: A.regular meeling of the VailTown Councilwas hetd on Tuesday, December 17, 1996, in the CouncilChambers of the Vail Municipal Building. The meeting was catled to order at approximaiely 7:30 p.M. Robert W, Armour, Mayor Sybill Navas, Mayor Pro-tem Kevin Foley Rob Ford Paul-Johnston Ludwig Kuz MichaelJeweft MEMBERS ABSENT: TOWN OFF'C'ALS pRESENT: Bob Mclaurin, Town Manager Pam Brandmeyer, Assistant Town Manager Tom Moorhead, Town Attorney Holly McCutcheon, Town Clerk The first item on the agenda was citizen Participation. Localattorney, Mary lsom, appeared before councilwith her client, Bob schultz, owner of the Vail and Lionshead popcom wagons, and Lo1 Fennese, apotential buyer of the businesses. lsom said she wished to discuss the Toin's iease with Mr. Schultz,which is due to expire in December of 1997, and the ttrnii"iring of that lease to the potential purchaser.Mayor Armour stated the item was scheduled for council Jircuriion in the spring of 1g97. Town AttorneyTom Moorhead stated that the negotiation of leases witn the iown was typically handled by his offce, and,that to his knowledge, such an issue had never before been brought to a council meeting. Tom furtherinformed council members that he had talked to Ms. lsom about the issue and said he told her the Town' would honor the lease-and the provision of assignment. He said that he had not heard back from her. Atthat time' Councilman Rob Ford reiterated that th? councilwould not consider renewinj the lease untilthespring of 1997. Item number two on the agenda was the consent agenda which consisted of the following items: A' ordinance No- 25, Series of 1996., second. reading of an ordinance Making supplementalAppropriations from the Town of vail General runa, Farting structure FunJ, Fotice confiscationFund, Booth Creek Debt Service Fund, Debt Service Fund, aid Housing Fund, of the 1g96 Budgetand the Financial plan for the Town of Vail, Colorado; anO nutf,oiizini tf," e*p"nditures of SaidAppropriations as Set Forth Herein; and Setting Forth Details in Regarj in"[t[. B' Resolution No. 22, Series of 1996, a Resolution authorizing the Town Manager to enter into anAnimal Control Services Contract. Mayor Armour read the consent Agenda in full and requested ordinance No. 25, series of 1gg6 beremoved from the consentAgenda. Town of Vail Finance Director, Steve Thompson, tiren updated councilon a supplemental appropriation to the budget in the amount of $1.2 million, r'r'irr' i," "*plained in detail.Ludwig moved for approval of ordinance ruo. es, Series of 1996, and Rob seconded the motion. A vote wasthen taken and passed unanimously, 7-0. sybill then moved to approve the consent Agenda, and Rob Ford seconded the motion. A vote was takenand passed, 6-1, Michael Jewett voting in opposition. Third on the agenda was the appointrnent of two members to the VailValley Marketing Board. At an earlierwork session council members interviewed the following six applicantsi getn siirErl Lai risher, AndreFournier, Robert Batchelor, Katye Aaramson, Howard Leivitt. A letter of interest was also received fromJohn Cogswell but was withdrawn, as he'd previously been appointed to serve on the Marketing Board asa representative for the Vail Village Merchants Association. Ballots were distributed and Councii membersthen voted for the two four-year terms existing qn qre Marketing Board. Syuifr moveO to appoint AndreFournier and Beth Slifer to fillthe terms on the tiarteting goara, i;a paul seconded the motion. A vote wasthen taken and passed unanimously 7-0. The fourth item on the agenda was Ordinance No, 22, Series of 19g6, first reading of an ordinanceamending Section 18.22.030, Conditional Uses, to allow time-share estate units, fractiinatfee units andtime-share license units as conditional uses in the Public Accommodation Zone bistrict, and to establish'- Section 1B'22.035, conditional uses-factors applicable in the PublicAccommodation Zone District. Gordon i''\!,/Bil-Ir'!nColncilEva,:ha ft^nt-^ rrir|r.r..-.-.\^. 17 i.na Pierce was present, representing the applicant, sonnenalp Properties, Inc. Town of Vait planner, c8or$Ruther presented ihe item and refened to a memoranoum tom the Commun,tv o"""i"p*ent Departmentstaff to the Ptanning and Environmentatcommission dated November 25, Fqe" SFrF.n, l dt ;;;forapprovalordinanceNo.22,Seriesof1996onfirstreading. Paul Johnston recused himself from the issue, as he felt he may have a conflict of interest. George brieflyreviewed the ordinance and stated the PEC,had recornmended approval. ceorge the; explained in detailthe review criteria used by the PEC in considering a request for a cbnditionat us1, "no "iui"o that none ofthe criteria had more iqggrta.nc.e than any other-on the proiect being consioereo. ce-rge then presented 3 "!?rt prepared by staff depicting properties in Vail zonid Pubtic Accommodation which coutd be affectedby the proposed change to the text of the Town cooe. Anrrough in favor of the Austria Houseredevelopment, Council member Rob Ford felt the ordinance neeoed'to go into mor"-a"tail, sefting forthspecific requirements and more specific language. He then t""orr"naJJ1"i;iil t'ilt #inance. Gordon Pierce, general partner and architect for the project introduced Jim Graves, Mark Sullivan, cynthiaThornberg, and Randy Burgis. Randy Burgis from tJrg oeervat6y Ctub in DeerVarrevlutan explained theunique type of ownership.the Sonnenalp was considering under ihe proposed reoevetbpment, and statedthat the fractional fee unit type of ownephip had proue-n to give th; highest level of o*up"n"y in DeerValley. He said that while hotels in DeerValley tyqlglV Sver:agEA "; occupancy rate of approximately 65%,winter occupancy at the Deer Valley Club was iboy".' gecar;se own"r. buy a deeded interest in the unit,the properties are better maintained, he said. Jim Lamont said the Board of Directors from the East Village Homeowners Association, who herepresented, had not yet taken a position on theproject, but saidihat the applicant rrio oeen respondingto requests by the neighborhood. He asked iouncit'to oe cauiious and conservative and said thatamending the Code to accommodate time share clubs should be given serious consideration . Concerns from Council members included: transfer tax, lost sales tax revenue, loss of publicaccommodation units, and that the project have no adverse effects upon the present and frtur* supply oftown services or increase the demand on municipal facilities. council *"rb*ii "gr"*o in" project wasextremely viable, a good redevelopment and w.ere in support of it. However, they also stated they wantedmore time to increase their knowledge on the issue'ano to tnink about alternatives to the languagecontained in the ordinance. Johannes Faessler, an owner of the sonnenalp, addressed. Ludwig's issue concerning the importance ofnew faces coming to the area. Mr. Faessler explained that the sonienalp had a strong"retuming clientele,old faces that are seen year after year, which was very important for their business. Tom Moorhead informed,Councilthat the applicant had taken the time to submit a proposed ordinance,but that staff had not yet had the opportunity to examine it in oepin. Rob moved to table ordinance No. 22, series of 1996, until the next evening meeting scheduled forJanuary 7, 1997' Ludwig seconded the motion and a vote was taken which passed unanimously, 6-0-1,Paul Johnston abstaining Fifth on the agenda was Resotution No. 23, series of 1996, a Res.olution Directing the Town Managerto- execute the Intergovernmental Agreement between the Town of Vait and t;it;il;;i;;sotidated waterDistrict as modified. ordinance 24, series1p9lase3o1d-reading of an ordinance providing for the establishment of specialry@fitsnt Sbtictr'f{b,33;,Rd Sandstoie;.adop@ " O"u"fofrent ptan for Speciat DevetopmentDistrict No. 33 in accordance with chapter 18.40 oithei/air Mrni.iip"tcooe; ana .Jtting rortn detairs inregard thereto; and I It;' reading of an ordinance rezoning three tracts from Generar Use-;; iB ;;;#iijil;&"fii&#f;Ehsula*ana Etrr-I i A--t:^--r- tr*S3:_l^E{.1jl*,::1J1 werb rhe Easb {iver water and s"nitation'oliric t#'r;*";i,ffiffi:United States Forest Service. Town of Vail senior Housing Policy Planner,.Andy Knudtsen, presented the item, briefly reviewed theproject, and informed council members that the pioposeo spliiar-o"velopment oi*tii"i il"t the criteriaand was consistent with the existing land use plan. councilwas asked to ap-prove/Deny/Modifo Resolution No. 23, series of 1gg6 and ordinances 20 and 24,series 1996' The staff recommendation was for approv-i oi nesorution No. 23, series of 1g96 andOrdinances 20 and 24, Series 1gg6. vdil Tosn Cc[rrilEr4oing lileetiarg Minutas Decsrhuor 12. t9g6 I .. ,,. t' Concerns from Jim Lamont of the East Village Honreowners Association included his feeling that theproposed site had been originally designated for employee housing. He said tne proieciwas a conversionof open space, and then suggested other adjacent open space sitds oe useo ioi ;"ib;;il"od parks. Heasked Council to consider eipanding Sanditone Pirk, ai he felt it was over utilized, and suggested thatanother park be constructed. Lamont said he was disappointed with the allocation of the water District,sunits and the portion to be sold to the free market. Anotirer suggestion was that a sidewalk be put in atongSandstone Drive to make the area safer. Red sandstone resident, Dan Telleen, reiterated the importance of sidewalks due to the dangerous curbsalong Red Sandstone and asked Councilto address the issue. Rob Ford moved to adopt Resolution No. 23, Series o-f 1996, and Ludwig seconded the motion. A vote wastaktin and passed, 6-1., Paul voting in oppo"ition because "i in* pos"ioirity of free marxeiiare units beingincluded in the project. Next, Rob moved to approve ordinances 24 and 20, and then withdrew the motion in order to consider theordinances separately. Rob then moved to approve Ordinance No. 20, series of 1996, and the motion was seconded by Sybill. Avote was taken and passed unanimously, 7_0. A motion was made by Tgn to approve Ordinance No. 24, and Kevin Foley seconded the motion. sybillinquired about the cost of including a sidewalk and Andy addressed tne issul, itatr;1ili'iL" pEC did notrequire a sidewalk, and opted instead for landscaping. Bill Braun then informed Councilthat the site wasvery difficult because of the steep grade changes, and stated that including a siaewati would narrow thefeasibility of doing the project. Mayor Armour expressed his support of the project and its positive aspects such as less GRFA and sitecoverage than allowed, and increased parking and landscaping. PaulJohnston stated he was unable tosupport the project because of its architectural design. A vote-was taken and "pproueO, o-1, paul votingin opposition Council members then took a short break. sixth on.the agenda was an appeat of a variance denial made by the planning and FnvironmentalCommission on september 23, 1996. The appellants were denied asite coveragJvariance to afiow anadditional one-car garage to be constructeu aiz+2-g Sandy Lane/Unit B, Lot 3, Vail/potato patch, SecondFiling. Appellants: Charles and Geri Campisi were represented by Kerry Wallace. Geri Campisi was alsopresent' Town of Vail Planner, Dominic Mauriello presented the item and gave the following background:The Town Counciltabled this appealatthe November 19, 1996, Councit meiting. The item was tabled untilDecember 17, 1996, at the request of John Goodman, attorney toi tne Campisi's. Oominic exp6il th"appellants requested a site coverage variance of 260.8 sq. ft. in order to construct a 300 sq. ft, one-carg.arqge- on lhe property- The duplex contains two enclosed garage spaces. Site coverajsallowed for thesite is 3,403-8 sq. ft. and the proposal was for 3,664.6 sq. tt.ineFEi at a meeting #H ;; september23,1996, uranimously denied the site coverage variance. Further, Dominic stated trr"at any hardship createdwas self-imposed, and informed Council members that the property had been granted tr"o - esg'" in tt,*past' both going to one unit. He explained that the allowable e nrA had alread! ueen exceeoed by over50', and that the site encroached on both setbacks. Local.attorney' f9rry Wallace was present with her partner, Jim Stovall, and presented the posiiion of theappellants- Ms. Wallace stated that all neighbors were in favor of the addition and distributed a packet ofinformation to Council members. Mrs' campisi then addressed Council, glglming that the parking on the property was insufficient parking andthat the house was restricted to one 300'gaiage. She said ihat sno* storage in winter prohibited usingsome of the outdoor parking, and that a seiiouJ drainage problem also existed. Dominic stated alternatives were available which would alleviate such problems, other than the additionof a garage. He said the zoning_code encouraged garages, out wittrin ne !it" .""-"ii6J'ririi"jionr. The staffrecommendation was that the Town Councit uprrotd tlie Planning and Environmentjl commission,s denialof a 260'8 sq. ft. site coverage variance and that the Town Cou-ncil make the following RnOing", 1' That the standards and conditions imposed by the requirements of Tifle 18 (Zoning) have not beenmet. 2' That the $ranting of the variance will constitute a grant of speciat privilege inconsistent with thelimitations on other properties crassified in the sami district.l; I l, I va'l Town Council Ewring Maoling Minutca Ogcalt\b€tr t?, tgg6 3' There are no exceptions, extraordinary circumstances, or conditions that are applicable to tfir! siigthat apply generally to other propertiei. in the Primary/6""on0"ry Residential z;;:'1" addition, anyhardships which have been presented, have oeen ieir imloseo. 4' The strict interpretation, or enforcement of the specified regulation-does not deprive the applicantof privileges enjoyed by owners of other properties in the P-rimary/sec"noa-w issioentiar district. A motion was then made by Rob Ford to uphold the PEC's denial and to adopt the above-referencedfindings' Ludwig seconded. ihe motion. Mayor Armour stated thai although the variance requested wasminimal' it would be a grant of a special privitege. A vote was tnen taken ind p".""J un-"nimously, 7-0. Agenda item number seven was a report from the Town Ma!ryg|. Bob Mclaurin informed councilmembers of the upcoming meeting of the colorado Association oi s"t<i Towns ."n"our"J toi .lanuary g ano Paul Johnston asked about the.new loading and delivery policy in the Village. police chief Greg Morrisonexplained that large trucks on Hanson Ra-nch.Road *oiJ od pionluit"o !t all times.-'iaur tnen inquiredabout a community t{9ty officer position to be staffed at tne vaii Village club construction site. BobMcLaurin said the position remained unfilled. council Reports: sybill Navas updated fellow council members of her meetings with the Northwest colorado P::il"1fi."overnments, the chamber' commission on speciat Events anl Activitie. "nJ tn" Vait Varey Kevin Foley passed along a thank you from the Vail Recreation District to the public works Department forits assistance in removing a sign atihe golf course erected by an anti-fur grou-q. He also updated the groupon his attendance at the Eagle county-Transportation nutr'ority meetinis. r"uin Jro ii[iir"o about theapproval status of the ski storage sheds in Lionshead Mayor Armour thanked the town's social committee for organizing the organization,s christmas party andwished alla very happy holiday. Condolences were expressed to the family of Cindy Nash. There being no further business a motion was made by_Rob for adjournment. Kevin seconded the motionand the meeting was adjourned at approximately t t:dO p.m. ATTEST: l!inutes taken by HotIy [ccutcheon('\dmes of c€rtait ind.vtdua]5 Hho gave pubtic lnput nay be inaccLrdte.) REOUEST FOR-QUAUFTGAflOilS THE VAIL VAITY CONSOUDATED WATER DISTRICT IS REQUESflNG SIATEMENTS OF IN|ERESI AND auAuFtcAilot{s FRoil DESIGN/BUIID TEAMS FOR IHE DESIGN AND CONSIRT'CTION OF A TOCArjS HOUSING PROJECT TO BE TOCATED IN VAIL COLORADO. For odditionol informotion regording lhis proiecl or for o copy of the Request for Quolificotions, pleose conloct Ms. Leslie Allen ot the offices of the Voil Volley Consolidoted Woler Disiricl, 846 Forest )""' F'L,i;';#;.' t osz 5 \ Respectfully submitted, ert W. Armour, Mayor Holly McCutcheon, Town Clerk VailTown CouncitEvenrng Me€ijng t inutes Oec€mcer 12. 199€ /II r996 Red Sandstone Employee Housing PEC Recommended approval 4-2 October 28, 1996 Town Council Review SDD #33,Ordinance24, Series 1996 Rezoning, Ordinance 20, Series 1996 Approved first reading November 19, 1996 Approved second reading Decemb er 17 , 1996 Approved related Resoluti on 23, Series 1996 !f@ \ Uniled States Department of Agricuhure Forest Service White River National Forest flrnrrnnEc 131998 Holy Cross Ranger Distrlct 24747 US HWY 24, P.O. BOX 190 MINTURN, COLORADO 81645 (9701 827-s71s FAX 827.9343 Reply to: 2720 f a Bob Armour, Mayor and Members of the Town Council 75 South Frontage Road Vail, CO 81657 Dear Bob and Council: eb l(w1L, \J*44*, fu-fur 8il A. l' d Aw7' I understand that guestions have been raised about the Town of Vail Landownership Adjustment Analysis (Vail LOAA) and its impact on the Red Sandstone locals housing development. lwould like to clarify the purpose of the LOM. lt is a planning document for the Forest Service to use in identifying lands which we would like to either acquire or convey. A July 1990 letter from the Forest Supervisoi stated, in pan: The principal purpose of the landownership adjustment analysis is to achieve the optimum landownership pattern for the Forest." The Vail LOAA was unique in that it was recognized early in the process that the Town of Vail could play a malor role in the rearrangement ol landownership to achieve goals of both the Forest Service and the Town. Town planners assisted the Forest Service in identifying specific parcels of land that should be exchanged, resuhing in a much more detailed analysis than the Forest Service typically requires. To further clarify the purpose of the LOM, it is not to make any decisions about the future manage- ment of lands once they are acquired by the Forest Service or conveyed to other ownership. Deed-restricted locals housing or free market housing are potential uses of land once it is exchanged, that would not conflict with the Vail LOM. ln fact there are no actions the Town could take to jeopardize the Vail LOM, since it is simply a planning document for us to use in making initial deterininations about the desirability of a proposed land exchange. Public lands managed bythe Forest Service orthe Bureau of Land Management have been identified by many local, state and Federal officials as having the potentialto contribute to the solution of a lack of housing near resort communities. We are pleased to be a partner in the team creating solutions for locals housing. Please contact Kathy Hardy should you have any further questions. Sincerelv. i.,t / L',//i ., I ll l/ltlttt ,l i /.17J /r1,: i/ -/i /,//tr=--/,t '' /,"{, z!:(lLLlAM A. WOOD "District Ranger Caring for the Land and Serving the People ? aDl DET1's6 16:11 N0.006 P.02 Holy Cro* Rmgu Dnfht 2{7.17 U8 HWY 24, P.O. BOX t90 ulNluRN, coloBAoo t1 t45 (970) t27€7rt FAX 827.0S4S Uillted St.t.r Deprilmrnt ol Agrlcultun Forcrt Scrylce Whhr Hhcr Nrllonrl Forcct Reply lo: 2?2O Drtc: Docomb.r 11. lgOB Bob Armout, Mtyor and Membors ol the Town Council 76 South F ontago Road Vell, CO E1657 Dolr Bob and Oounoih I undcnitand thrt qurstloB hrva becn ralsad about thc Tourn od Vell Landof,rrcrship Adiu*mant Analysls (Vdl LOAA) and it8 |tnpact on the Fed Ssndgtonr loeals horrsing danlopnslt I would lke lo cledfylhspuqreaoltheLOAA, lt l$aplannlng documsrnfortha ForEt S6n/lcstou6e In ldentilyhu lands whhh we urould like to qlther acqdr" or conwy. A July 1990 letEr lrom th8 Forsst suparvlss Eufted, Itl grt; 'Tlrc prlruipal pupu$c of tlle lsndowncrsttlF, adlu$msrfl analyslr b ro echlws the optlmum landosrnBchlp pdtem for the Forcstr The Vail LOAA was unique in thet it was recoEnlzed early in the procees that the Tovm ol Val oould pley a malof ttb In the rearrangement ol hndownershlp to acnEv€ goaF ot botn ulc Forgst geMce and ths Tof,,r1, Tol'',n plenncru tsgigtod tha Fomst gervlca in tdomifying spscina pecds of tand that ehould be schmgeq msuftrlg in a muon mo{s d€teft|d enary$ tltr the Forast senloa typoaly r€qulrs. To funher clarlly lh? purpose of th€ LOAA, lt 18 nol to md€ arry declslons ebqn thr furuna manags- rnent ot lands ortcg they aru acquired by thr For€st geMce or conneyed lo othor owrFFtiip. Decd-ruadaed locals houslng or free martet houdng dE Foternial uses d land onoe lt ls axchangad, thai vrould not cotttllct wlrt| th€ Vall LOAA" ln fact th3r| are no ac{orE the Town cruld tek6 to lsoperdizs lho V$ LOfA 8h!ce ( is slmpty e plarnhg documEnt ior us to use In maHng Inhtrl det€rmlnrtlons *ont thE d$irablllty of a propossd land exchange. Publlc hnde managed by tre Forest Seruice or the Bureau ol Land Managemsnt havs becn tdeiln€d by manv local, 6tcts and F€dgrel o{ftclab er havhg the pct€tltid to conilributg to ths solution d B lack ot housirE neer r€son communiti$. Wo arc pleas€d to be a pannEr In thetsnr clr€stlng solufong tor loc.ls horCng. Pleass oonttd Ktlu Hardy rhould you he\,e ery furtftef que$ion6. 1olt"(qw Crrlng for thr l.rnd md Seivlng thc Peoplc I MEMORANDUM TO: FROM: DATE: CC: RE: Andy Knudtsea Tom Braun Decsrnber 9 , 1996 Pat Dauphinai.s Red Sandstooe Loc.el's yanjjo rhanx lou gd tbu ryt of thc sffifti yorr raircd by thc Council last weekreloriyc to rhel[sd S*ia"t"Jrautcs oy ulc uouncll last week r€latiyc to the Rsd Scndstooc Locd's Horuing hoject Pat ard I E|:X?^q1*,!![!! anttlc couocil$bare trrecommongoaloigar,Gtrr?s urc ucstpii:ef - pofsiblc aa.t givcn this semnror goal wc arc co,nfidcnt tlot.i"n oftl*"T&,i"u "- Ui-iilri-ij i"orflcr to allow tor sccond f^{lg Teiwl.on the 17th. In fris regard. tre following siumrnariz€sthc Board's position rrelative to tlrcsl'thrcc issucs: t) "Mudllied Restrlcted'r Unlts The Boud fecls strxryly 0ral Lhe utr4ltxtrurity tu ir.rrlqJrrce 'rnodifiod-rcstris6d" 11aitr iqto lhg.proje.ct bc qaintainril in ordcr tiircdrrcc'thc sale price oiresticte1 units. Wc alsobeUe!? that a mixrurc of modited-resrricrcd and resfi<red r,uriS r:oufrf afsu bc a llcuctit lhr tbe projocl Previously rcfemi to as fice-mrrket ud$, tnpdfiA-restrictca unii lj a unir Ihat is !9ld:to-a local,emplqyee at market value with norcsrlcdo'us. i.c. amrcciad.on caD(see Delow). 4's wc hatc discussc4 the nced to introduce modified-resuictcd urits wifl Bot Dc lcnown until mor€ infbmation is avarlable regarding ourconstructioo costs. As snch,the-ERWSD/Tov Agreement chould bc rcviscd-as rou6ws to estauiir*r tbe poramctcrs under which the ERwsD may inu,ooncc rnoorioo:rifrir",iirfr6iri; rhc p6jHi'"" ' A maximum of 257o (four uuits) of the uuis mry be sold as modificd-resuictedunits. ' Tbc FRWSD shall. 4t tbeir.disc.t-etion" bave tbe oppornrnity to intnoducc modified-restrictedunitsintothepmjectif constructionda;Hcdi$ j2-i;;6;s--fffi foor consuiuctign costi rir ue accrninca b.r.dd dtfli;t-uio, r&G---sonstruction of tire project and on otber proj"ct cotts iic,nEd uv tl" rhwsp. '- Modif:ed-restrictcd rrnit will bave no rcstricrions(ie. appreciaticn cap) other thantbc sals of modiEcd-rcfiictrd units wiUtc tiniea'oiffir-o,to dpmmstretecom.ptiance -with r{r T.grm's emptoyment requ6d-n-ti. Liriritidfr, $atilfuo'difrcd-rcseicted units to -ottiiaf to""l'; ;ix iiift-til-ft muketins of theuaits is initiarcd to..lpgiod eo aayiton tne aatc ma ertigcat s "f ;;e; ;iesued for tbe modiflbd_restricr.d,ruits. ' Tha ERW'sD aod rowa will mabtoio q first qDd sccood dght of rcfi:sd.rcspectively, on modified-rcsficrd uors. Mintum honwods Building 2Ol Hr.in Strc?r. 7nd Flno. fost Of|rc Box 776 Hirtun, Csloredo 01645 Phorc -97().ffisVl7 F!( - gD.EU StOl A rll BI{AUN ASSOCIAT ES. INC. PLn Nl\,llhJC rnd COMMUNITV OFVELOPMEN- 2) Distribution of Unlts The Board's position rugar&lg tt distributirru of ur:its is unchangcd ftum t}r€ ERWSD/IOV A8recrneat. As you know, this a3gcement stipulates that the ERWSD wi[ obtaitr ovmership/conyglo!75% of the uniu (12.75) and the Town will obtain ownenhip/contrclof ?Svo of thc units (4.25). This rliuuibutiurr is basrzrl ou Oe arnsuut of 'tuildable tand" prsvidcd by thc ERWSD and the Town. Thc following is a probable scenario for how thcse uniti will bc distribue<it .i Ilnlt* &sEA+Ail (unirs disuibured to tbe Toum arc munded w from 4 b 5) 4 Units Potmtial free-market fmjts (wittr ttre modified resriction d&cribed abovc whicb will gfftally target the *ale of thcsc unitr to lorals, thes€ ulils will lilcly cld up i1 t[e Town-wide louery systen) 2 Units \&.qJaia v$ley Cg'po'atio. (the ERWSD hes an agrcemenr ro scJl np to two rrnir.r ro thisorganizarion) 5 Units FBUSDIOrc Boar6-rnricipafee naintaiaing oumership of 2-3 unib aod providing 34 units for sale rc DisbiCtemployecs) - As indicated by tbe sccnario abovc, the ER$rSD could b€ Iefi with as fgw as six rmits h ordcr to mry1 tbc.cuqcnt and l,oog tcrm nccds of its cuployocs ood os mnny os tco units if no nodified resurctcd unils arc tntoduccd itrlo thc fojecl. The ERWSD's positton ls rhat !r neds ro bave contol ovcr all ucits othc'r tlran tbc firrc TOV units aad thc four potcntial nodificd-rpstricrod uoits. As Pat Dauphinals has stated publiciy on numror:s occasions, tirc mWSp witl distibute rmirs !o tlre luwu-wicle lottt{y Puol ll aud wheu tbc t]oard dctormincs that Rrsh r.'nits may bo availabl€. 3 ) Unlted States lbrest Seryice It is our undcrstanqinLtht tite_USFS is cornbrtable witb all aspects of thc prqlicct asproposed and rhar rheTowE wiu be obtaiBitrg a lener nom aiulilooc saun! sircn. I hope-this belps you understand the Board's pmition relative to tbese issues. I will loot torward to worklng !t!n fou gd f_op Mmrebead rc. garding modifications b the tiRWSD/l'Uv Agreerent qs-dqqibed above. T[e will need to hara.tfis areemcnt rcviscd by Thursday in oriler tohbw theERWSD's cousel an oppornurity forreview, - Plcase lot me know if I can provide you with any additional infomaioa TOTfl- n.oe II EA 7.9&AUN ASSCCTATES, tNC. PLANNING and COMMUNtTy DEVELOPMENT TO: FROM: DATE: RE: MEMORANDUM Andy Knudtsen TomBraun Decembcr5,1996 Red Sandstone Local's Housing project As we discussed, I have. prepar. ed-the following hypothetical examples of how the inuoduction offree-market unirc could be uiilized to r.au"" tirE iir'" pri.i; th;;t;d;i restricted units. For the sake of this exercise, let's assume the cost to deliver the seventeen uniB is $140 per souarefoot (hard and soft costs). dased on tttis asiumpton,G unillri"-rr-*o;ia b;;;r:;;fiiil"'" !7!sq. t!. 1Bedroom $108,360 f9-6 9e. ft. 2 Bedroom $139;440 1,518 sq. ft. 3 Bedroom $ZtZ|520 Scenario #1 Assume that the cost to deliver the seventeen units increases to $160.00 per square foot. Based on$ I 60.00 per square foot, the unit prices wooiOlocr"use to upproxi*"tiiyl -' 771t5. *. 1 Bedroom $123,840 f9_6. gq. ft. 2 Bedroom $159360 1,518 sq. ft. 3 Bedroom $242',gg} The sale price of these units at $160 per square foo-tls pro-bab-ly tot attainable, or certainly lessattainable, by most workfglgcafs. jtti c6"""pl dri"fia""tiiigE"-**r."t units is very simple -we. sell four units (25% of 17.is 4.25) at rnarii[ vaui;J dk"'td;iifr;;[;fr;"6# ilr: ,;reduce tbe sale price of remaining tS rcstrictea-units. Let's afsume we sell four free market units: one 3-bedroom, trro 2-bedrooms and one l-bedroomat $200 per square foot: Cost to construct 41t""-omd6st rrnits Cost to constmct 13 restricted units Total project cost ^r$qqt,{q (4,2M sq. ft. at $td0/ft.)q}l$.120 (r3,s3z Jq. ft. at $160/ft.) $2,850.560 Revenue from sale of 4 free-market unirs $qlq,q00 (4,2g4 sq.ft. at $200/ft.)cost to consu:ncr 4 free-marker gryr, - . d;ij,i€ i,i:fi,i;i: ii. at $r6oift.)Proceeds to reduce cost of remaining units $jmd \ -'-- -z- --' ' Minturn lronwork Building 201 Main Street 2nd Floor Post Office 8ox 776 lYinturn. Colorado 8l6,ls Phoae - 9tu.8?-57fi1 Fo< -97o-6l/5fi7 Cost to construct l3 restricted units Proceeds to reduce cost of remaining units Reduced cost of remaining l3 units- Reduced cost per sq. ft. for restricted units 771tc. t:. I Bedroom $rr3,778 9-9_6_ g. ft.- 2 Bedroorn $t+A',+tZ 1,518 sq. ft. 3 Bedroom $Zn:126 Scenario #2 The District's goal, and I assume this goal is shared by the Town, is to deliver a quality product at *-P-y::ltr:le possibre, .In this regfd, I h;;; run tti" sarn" -Jyiiiin"orporating four free- , marKet uruts assuming that construcEotr cost come in at tbe h)e"ili"ti;Jii,ric p"ri!u.e rooi, Cost to conshrct 4 frce-market units Cost to construct 13 restricted units- Total project cost Revenue from sale of 4 free-market rurits , Cost to construct 4 free-market units - - Proceeds to reduce cost of remaining u"is $2.,!91,]?9 (13,s32sq. ft. at SrOolrt.l$t7I.360 $ I,993,760 $147 (13,532 sq. ft./$1,993,760) - $l?9,7q9 (4,284 sg. ft. at $140/ft.)$i+ 49q G3,s32 iq. ft. at $140/d.) $2,494,240 $856,300 (4,284 sq. ft- at $!eo/ft.)q42J59 @,284 sq. ft. at $la07fil) $257,040 Cosr co consrmcr i3 restricted units $1,g94,4g0 (13,532sq. ft. at $140/ft-)Proceeds to reduce cost of remaining units -'i1flj6g Reduced cosr of remaining 13 unjts- -- $i;367i6 Reduced cost per sq. ft. for restricted units 771tq.tt. I Bedroom $93,654 flj- 1q. n.- 2 Bedroom Srzb,SrO 1,518 sq. ft. 3 Bedroom $tg3:6t8 I hope this is helpful. Remember that these numben are specurative. However, tbey dodemonsuat€ how the introalction Ji rree-r-iJi*it could result in restricted udts that are more :H**1"-p_*:1" p"opl9. pat uoaiu"riilffi;"i"r"i"id ih;?;;dd;io inroduce free-narketuruts rrcnrrcal ro oroviding the best possible proiecr for the"D-iinicl-tnitor"o and the;";;_*fi;' Please do not hesiiate to .it *itl ."! q'ild*##o, may have. $121 (13,532 sq. ft"t$l,636,720) z-- j - 75 South Frontage Road Vail. Colorado 81657 970-479-2 1 O7/Fax 970-479-2 I 5 7 TO: FROM: DATE: RE: MEMORANDUM Vail Town Council R. Thomas Moorhead, Town Attorney /fJ\ December 12,1996 Red Sandstone Local Housing I am providing the following information in response to legal issues that were raised by Jim Lamont, Executive Director of East Village Homeowner's Association, Inc. by letter to the Town Council dated December 2, 1996. At the Council work session on December 2, 1996, I reviewed in detail the discussion that occurred in Town Council sessions on March 19, 1996 and July 9, 1996. lbelieve it is unnecessary to restate in detail the content of those meetings. lf anyone has any questions regarding those discussions, I would be pleased to respond to such an inquiry. Land Ownership Adiustment Agreement There is no provision in the agreement which restricts the property from the change in zoning that is being considered or the development as preseqted with or without free market units. l The Town of Vail is conveying to the Forest Service the parcel of land known as Trapper's Run. This land is presently zoned hillside residential, is located within the Town of Vail and was beingproposed for extensive development of approximately 31 dwelling units. This property, which ii appraised at approximately $3.6 million for the purposes of the exchange, will be deeded to the Forest Service without restriction. lt has been agreed that upon conveyance to the Forest Service this property will be de-annexed from the Town of Vail. Likewise, the property that is being received by the Town of Vail, and the Red Sandstone site in particular, is not being received with any restrictions. The zone change that is being suggested for the property will, as previously discussed in Council, provide for a more acceptable oJvelopment consistent with the neighborhood where it is located. This site was identified in the 1994 Comprehensive Open Lands Plan as appropriate for employee housing. The medium density multi-family zoning is consistent with the Town of Vail's 1994 Land Use plan. Ofice of the Tbwn Anorney {S *"r*"uo roro The housing that is being contemplated in the Red Sandstone proposal is not described in Chapter 18.57 Employee Housing. This is also true with the housing that the Town of Vail has developed in the Vail Commons project. There is no requirement in the LOAA nor in any other Town of Vail regulation that requires a size limitation on the housing developed on this or any other parcel which comes into Town of Vail ownership as a result of the LOM. At all times during the discussion of this development, we have worked very closely with the Forest service and have had their approval for the development that is being proposed. Additionally, there is no restriction in the LOM that inhibits or restricts the transfer of ownership from the Town of Vail to private parties. In fact, it has been contemplated throughout the discussion of the LOAA that properties would be transferred into private ownership. Deed Restriction on Water District Propertv: There was a deed restriction on the Water District property that has been properly removed by the Eagle County Commissioners. The Town of Vail was not a party to this deed restriction. The Town of Vail does not, nor does it have the authority to, enforce private deed restrictions or covenants. The removal of this deed restriction was the obligation of the Water District and it has been accomplished by the Water District as reflected in the permanent records of the Eagle County Clerk & Recorder. Zonino Amendment The Town of Vail, through the Community Development Department, and in conjunction with the Water Distrist as a co-applicant, has met the requirements of the Town of Vail ordinances for the zoning amendment being requested. State law requires that any zoning change must either be in compliance with the Master plan, which this requested amendment is, or there must be some change in the conditions of the neighborhood to support the zoning change. lt has been discussed and evidence has been presented that the project in question conforms to the conditions of the neighborhood. It has been suggested that the action taken by Council in this instance constitutes contract zoning. There is no Colorado case which raises contract zoning as an issue or has held any municipll action as invalid based upon contract zoning. King's Mill Homeowners Association vs. City of Westminster, 557 P2d 1186 (1976). I will be happy to respond to any additional issues on which Council needs additional information. Thanks. RTM/aw -ffi, Red Sandstone Analysis ofthe costs of home ownership December 4. 1996 Assumptions Privatc Mortgagc Insurancc (PMI) $45 per month for every $100,000 of mortgage Home Owners Association $ I 50 per unit per month Bob Warner estimated that Vail Commons HOA dues would be approximatcly $130 per month per unit to cover trash, water, insurance, landscapc maintcnance, snow plow scrvice, a re$crvc, managcment, etc. I raiscd thc amount by $20' due to the fact that Red Sandstone will not havc thc economies of scale that Vail Commons has. Interest Rate 75% is thc going ratc today, per Arch Wright at First Westem Front end and Back end ratios The analysis below reflects a front end ratio of28Vo. This is a very conservative factor, as Arch reports that many loan packages he can provide offer a much greater degrce of flcxibility, including front end and back end ratios as high as 40o/n. Front end ratios set the percentage of gross income a lender will allow a borrow to use for housing costs (including HOA, PMI, taxes, insurancc, principal and interest, etc.) The back end ratio sets the percentage of gross income that can bc allocated to cover the total debt of a borrower. Obviously, we have little control over the amount of total debt a potential homcowncr dcsircs to carrv, Taxes Eagle County Assessor's office provided the following annual tax rates, based on the location (Sandstone Area) and based on 1996 tax rates. $105,000 $550i yr S140,000 $134lyr $205.000 51074lyr $46/mo $61/mo $90/mo Second income Dual income household are frequently required in order to sccure a mortgage. (Not necessarily good, but a fact-o-life.) I assumed a spouse income supplementing a TOV income of $ l0/hour or $ I 733lrno. TOV incomes Start cap month hour month hour Dispatch I 2059 I 1.88 2't83 16.06 II 2258 13.03 3057 t7.64 Firc Fightcr 1700 9.81 2301 13.28 Tech 1868 10.78 2534 14.62 Captain 2414 l3.93 3442 l9.tr6 Marshall JfJJ 20.38 5033 29.04 Assist. Chief.3891 22.45 5541 3r.97 Chief 4283 24.71 6100 35.19 Police Officer 2483 t4.33 3366 19.42 Detect. Sgts. Lt 4283 24.7r 6 r00 35.19 Chief 4708 21.t6 6708 38.70 Plow Drivers I 1875 10.82 2334 14.62 II 2258 13.03 3057 17.64 dyl96_memodrcds-$$$.do5 8.,-t dvr /aS, o-Do /W?/L...-<_ /nn=_ za /. h\,/^ fu / J,.^-t FNW: J-r-", : ,*rrf 5 p.,"1 = tq6l , (""* -- /to, / = 2l- oa-o t4,,d'dD 5t4 197 *6- 73) 1tt)z3 2t/ q = z7w /tu.-/"l s2 s?) ? a, "?fb (o 73 /SD +l* 4f 7s( /: za/. { ?,335i/a^*.r4 g'/ ?.s'/ Fr=t ," ,- tz.z4/ L, l=a'"t -' a+<-t*t'-tup ? 3{ V"/-J " ,Itco,". AI $"*l r'r\ /*t-L"^- //{\><- 13 g , o->rD Zdl. L"-n -- ??.LcD gs /- *-\/t*f = // o, F[) fN-(P*t-> 7c7 /V64 = 7 s-7: /r*.1 '-q- ?7& @l 7?t' ;: >{/ { T^, v+/-*{' -t.?.ca,,t,4-> 3 {ZS/^.-tt or 2a. /E / t*t S / J.*r,- ? EZ lnur l, 7do / 3/, /oo ?/0 /5v &l 0r /t 7a kZ 4 /"/--l .\c-aw". 2(. 5L/ ti, /&4 vbx- flnr @tr //7o q 2 *? /" lt -d,.ti ,3 tr I I N* <ida rwrbrE. E46r d a{at-4r+i n 6vosm on$ 2 yeJts od 1,.1t1"e *. rjl!r",". Gn-fi . Horse Pasture Acreage he raqre co Arlpon, u r.€ are r. 5135,000 For S.le 8y Owner 32&7378 ;:lem:";ur_:.,:zu;::5ic\3 up '. atM .nd rors or ft s il";"i:""; UT,#i i',,H:i'::: l: r0 i.fes on Cotcjado FNer Road' ,or rcntarE Z hob € hofE 160, ltO rl trL d io r.d much hde! Ju.e Sadler 47t3911 80: Poraro P.rch, VzLr r,rO,r;;:Ji]r3olr'onarsq n can be ,dd€d Me;s ol iillrultu'n. e''"" r,', ".0,."0- 53S9,000 June Sadter 476.381ts:n'olaeirErhr. t.. Listing Modular Mobile.Home Lots 'Uadular o. Fobrr€-hode bts. wLth aiurild€s. ironhng on trgh*ay tJr InPn'pp{,curg tor sate at Sll OOO Derete . @ n es ro va,t or 18 m.bs ro t24,m0 Fred Eutter 329-7SOO 1253,5@ Tracy tlorn ao3sow 926-727 Fecn T(Mhores 3 aedoon; c!trrings rie{ to Parr Hohesleaduou| urub mcmbs'shro Gr€al sr.di^g in the roPi2oo,ooo 3 Mike, Dave or Phit &S-e189 3 Eed'? Sath home. pjus g Beo?.sbar. rsnrar w,rh grfao€r 6rearpf.9€rry ror €mproy€es cr rentarrEoa'€' Gas heat, conwn€nl ffiro.:Ilo. .ear doitrtowl, Cati toclay. 5295,tDo Llny aEn€berg 47€F24€2 Pba.itbt 6dt BarlaE p.!EEai.! Sunny Sandstone Duplex rnrs su.ny J !edr6oh. 2 5 barhoupEr oners gas.he.t. q.snef/drvct la.urzr. tocat& o. Dus rdje and ,.m/ cond0on. Furnshed. 9100,@0 For Slle By Own€r 47€-5586 Gotton Ranch Lot tol 60, Fit'ng 1 is a taburous oott !0!6€ l.onl lol stn beeultul v,e-wsacrrroMsrm rn@gh rhe tor oit6 104,500 Vlckl E3posito 949,6t00c.tu. R.rdt L.nd co ffiMarchpo nt TMnhodr€s. Very h@z Deofoom t6hnhome. t!,c.tv le'iss%'e€flil:[.#,* *,TF,",m---i.'.sr.er or nve. kon JCe pnnoramr. v,.w3 iush odsrir€ ,r.d q.€at liilsl,sJ;:i#s,'.€ "":,,bv s325.000 Jazzy lpgrade! hke !tat6 A oranrrenre. wrtrtpoot .pgtiancas 6-D:n€l P|nE .rcors. 8rctory c.brEr!. ooe.rcot plan. Great mast€. surr6. VaujRlce ,ngs you g€r the Dicrure andreaoy ro move i.ro! s2t9,900 EW' ftIA{N(j VAf MT. \4FWS.rr.h your poorsrd, deckt trdhraDounds in thre artrrct v;tvreno_o_Eted 2,Bd/ZBath ger.wsiconvenrontty rocared cbs-e r; ri; if$ffifij" Arr "r tn* " "tt'*3 1' ^,0".H;l?or*,Frud.nial c.o f.iq. ftq. 236 coro Dusr oatvE N€r-2=oosq tr.nome. Mai^ t€vet maste, &o!!9 !rp€r! tiv- d'n.. hil w,oar [006vadt€d celhg. a |alg€ d€cital;i vrow-s _Lower t€v.t watk.o|rl w ? iaroeDorz da. raundry. tanitv r@m-&gpionar sth roor. Mucn more.bro(ofs weEome. EasY to thol,/.(|99.000 Sleve c.oke 9AGB82t @nslMlion m 4 acrcs Fantaslrchounta'n vi.w'r Horses a owpdlcoaar atfeady b!'[) pnvare andqur€r - sufrouDded by p na rf€ssrw sq.n.tapprorharsry). Ctos€ toloan. t595,00O P tlulvey. 8ob/tsonnie S.S49-797g . ,/ .. --<T.-,,ry1/rf ::''i*'- *?l iflffiru-.-l ulnln cohm€rc'aton Man St. O!e;one 1cfe (an ,lai) .buuing u s rdesi Sl.000,0ooblys this g'eai rocate. sl,000,000 Fred BuIter 328-7SOO 8.d a Bre.hast slh cha/rino .rrtnear Caramounr Staoecl.chReservotr 6 Sreanboar Spfines. €a3y comhlle b Avor, varu Scaver Lr€'€x q|rt 9re3loh€r lnancrog. 5250.o00 Fred Eutler 3Z&7SOO Jusr nonh ot McCoy on Hwy l3tJparce|s iow avaitabtet!! Foads plus 0ndsqrolnd tetephok and el€ctdcIn Prace!r! Giear vi€ws. trees,crmare. covenanls. and orlc€t!!DABETO@MPAFEIN t109,000 to tt 25,o0o Eonnla Lyo Carro 926,3999 -uuLD uHowN. a 5 STAA,.o6.riv. ht";8 '!",1 B"l'::i:1,Y5, ?1oclorla F![ krr Spa,sea rn cr,n-M. rom srop€s n p.vde b!s. Quicr s2..too-7,?50 Tami or Ljn 970-476-a.tc5 r r9€6 Fabrode Ski F!. Viers! Tqo b€aur,tut, Horcstak€ unirs rehodeled. Gr€ar rt Horse Pasture tr35,ooo For Sale 8y O}n.r 32E_7378 t595.000 Pet Mutv€y. oobr'Bonnlr s.949-7979 0r.6 Palmat€.r 476_6460 $ul,:u,1Ef :in,I"ij\'',?,7 s r ,oo0 ooo ooys |h6 g'eii to;re. 802 Potaro Parcn. varr riinli-7add|nnarrq ft. can be ado.d vi;r;; #i:,llf '* P' ce J Jrr F'duced' $te.000 June Sadlrr 476.391 I ili$#fi#ffi . ",,,, ,, .r',1'",irt,';lll ;,trT:llt f.l,:st" l;i:i:Tl ii,'.: ilr?i:ll!,t ?:1 :fl r.:;T" 970-32U2327 ',o. sa"^a r'eareo g,an,rir(cnen.n. harbre b.th I oo,5 ouarrtv! ?3 acr!3 wh,.;gddsrs stM |8rd ca t.a@7r{- a25it.50o T..cy ltorn a$3ow 9?6-/177 ,m *,;,l*-wffi:{bn''{l :0 ACRES FJE&'ff:: I G;iJ"f.t 3iroer or nve/ t,onraoe prnorao c i51.', f i:l ff ,i :;:,#.""'J;i : s3?5,000 John Cathoun 845_2000 :ji:i 1,1"'i*?fi " ;"lT'., ".,,,'f.,"*r*"::lcf#l!r;.ii1* rnc,udrns fl€ aic.us'.6 *,"dd;.overnqs Locat!q+ Malchpoinr iilf i:%?""','.i15,Ti".*',7omc€. (Jp€n tu. diD., rLl *rort tkDBYas(s c€rbg, !i tarc decr *, o,sr fl4"';i:xr",""'#:n:.#+fjErohss wa€ome Easv !o 6rFrlixB.ooo St ve C.oka 926-0821 ol4l/A..n' 5"i*; i'''.:*y:T:: ;,i":1i:,tt";.irr'd,igs Ner ro Paa Hom€sreadLou.: crub hanDershrp cfear 5t .trn9 in rh. to I2OO.OOO . Mik€, Oav. or Phit 8458189 ffii#:it;*ilr*:'i+l Hot New Duplex lat9.9oo il - L.T.!€€ fYr@ ot [s EurE k/r.'lf \., bail Wa.\^rr V.;s try Par{ .@( /Er€doalJE Mr'-egf5^'ne.d Gondob. ihust slir.ooo ifrli#T*,t'fl':iff+ ::f,""".ili,',""i,i:"J j:.'.1:1ii ff,lffffia ar o' 'h'5 " or.'.d i; 3'a3.lao Alld. Zvr66n 426.2482 P^nhnit Gd. 1L,!! P,!p E:. E < vEq e ,lcLrvEt *-'.: - - , -t )n rhF €acre Rrv.i-.- . ./lr r^o crDi.s.!, s.ao*s." ..' -: :c"aacuu ,.e, i"i2i.v€ condo *ih.. ".;. *.' ." les|au'€als .nd :a ac€s ci Cctcr.do Frc;F;;-..p..font;)e 2 noti€ nooes t6O':cc b. .ha aidhuch no;ll Modular Mobile-Home Lots Mod'rrar o, hoa'r+nd€ brs. Htt;urxrcs. r@n|n! on flghway l3t inPh,ppsbu,g ,o, s.re ,iS2J boo ;,sr€ - fio n't.s ro va,t o. t8 h,tes b t24,0@ ;rrd Buder 32a_75m a€d 6 B€arasr *h cnadino;;near Caremoonr Staqe;oachhesefuo'r 6 sr.amboat 5prn93eas/ conou:e lo Aleiv Vaiy Beawc,ek wnh g.€at owier nnancrno 5250,000 Frld gurt.r 32&7SOO libi.d i';",.xr"..f gi,gT:sll: ;,r11i3 j".: 3 J ::*:i'1i..,,:1 f :.:",*'. 5:i":'*.j""Jff ".$ Sii !2.4@7.t50 Tsni or Ljn 970-475-.405 r t986 Cotton R6nch Lot Lor 50. F,t'.g 1 rs a irbllous ootlco!8. ronr ror w n oe.!r,'ur vdrsa e@hsm3 'lrdgh tlE kI O.a6 t{4,500 Vlckl Erp(*o 9a9.610o Cofton R.jEh Lrr€ Co tl.r-n r'rc you "" no"e, rno"iliir.vq/ gor9.o!s woodad burtdab|. i,:ffi ff ii A'i:,ff 'i,Tiitrts?m![B€ sior Easy &c.6s]b(rrv t4oo,om F !d Bur|er 32S75OO parcets nor rvairaderrt noias otuslnoaig@nd El€oaroE and abrrErn pisce ! Great vl9,s, tr..sc|m;te. covrnants,r.nd pric€t!l ,rusr nonn or uccoy on x[-ii-i srog,ooo o rlrs,ooo gonnle lyn Ce.rol 926-3999 Faburoui sh Bln v€6! TN b€aurtut.hohast.*c rnr|3 renod€t.d. Graat Red Sandstone Analysis of the costs of home ownership December 4,1996 Assumptions Private Mortgage Insurance (PMI) $45 pcr month for every $100,000 of mortgage Home Owners Association $150 per'unit per month Bob Warner estimated that Vail Commons HOA dues would be approximately $130 per month per unit to cover trash, water, insurance, landscape maintenance. snow plow service, a reservc, management. ctc. I raised the amount by $20, due to the fact that Red Sandstone will not have the economies of scale that Vail Commons has. Interest Rate 7 .5o/o is the going rate today. per Arch Wright at First Western Front end and Back end ratios The analysis below reflects a front end ratio of}8Vo. This is a very conservative factor, as Arch reports that many loan packages he can provide offer a much greater degree of flexibility, including front end and back end ratios as high as 40Vo. Front end rafios set the percentage of gross income a lender will allow a borrow to use for housing costs (including HOA, PMI. taxes, insurance, principal and interest, etc,) The back end ratio sets the percentage of gross income that can be allocated to cover the total debt of a borrower. Obviously, we havc little control over the amount of total debt a potential homcowner desires to carry, Taxes. Eagle County Assessor's offrce provided the following annual tax rates, based on the location (Sandstone Area) and basedon 1996 tax rates. $105.000 $550/ yr $140,000 $734/yr $205.000 $1074/vr $46lmo $61/mo $90/mo Sccond income Dual income household are frequently requircd in order to securc a mortgagc. (Not necessarily good, but a fact-o-life.) | assumed a spousc income supplementing a TOV incomc of $10ftrour or $1733/mo. ' East villase Home_owners [soci9?0-s2?-58od rzlqgrss(dilTit}snr p.2,. ' EesrVrr,uGqHoMnowNnRsAssolerro\Txc... Officers: Prcsident - Bob Galvin Secretary - cteth parks Treasurer - petick Gramm Directors - Judith BdkowiE - Dolph Bridgewara - Ellie Caulkins - Ron l^argtey - BiIl Mortsr - Coqmje Ridder Mayor Bob Armour and Members of the Town Council From: Jim l-amont, Executive Director Date: Decembs2, 1996 RE: Operr Space/Atrordable Housing Issues In February 1996 a proposal was made public to develop a 1? unit affordable housing proj- est o'n a site adjacent to Red Sandstone Creek, west ofthe Potato Patch Club. The prgposal was - made by the Vail Valley Consolidated Water Disnid in conjurrction with the Toum of Vail. _ Theprecedent beingestablished bythis proposal ofconverting openspace forthepurpoae/ of consiructing affordable housing has caused the Homeowners Association to closely monitoied the public hearing process. ln reoent weeks several issues harre been brought to the afiention oftlrc As- socialion regarding aspects ofthe proposal and the review proc€ss. The issue of primary concern is the demonshat€d need to convert this ope,lr space site to de- velopmenl of affordable housing. As impstaot" is the integrity ofthe review procesf as well as the standards and conditions under which open space lan& are converted to the development ofaffmd- able housing. The development site is composed oftwo parcels, 1.24 acres ownedbythe Wafer Distri* and 0.40 acre presently owned by the Uniled States Forest Service (USFS} Tire USFS parael is to be acquired by the Town ofVail tlnough the Federal land Exctrange proces$. The applicants are seek- ingto upzone the sites from General Use (G{-i) to Medium Density Muhipte fanrifu gvfOUf; over- laying it with a Special Development Dishict. - _ The Gen€ral Use (Gu) zone district appliesto Ford Park and other sites tkoughout Vail Vil- lage. Employee housing units are allorved as a conditirnal use on each oftlrese sites. The Horneowners Association has a long Sanding concem with the condust ofpublic poliry as itrelates to fair and equal treatment ofall property ownerq the preservation ofopen space,'the - conduct of good govemance and the equal application ofthe law. Atl are issues raised by this pro- posal. The gravity and precedent setting nature ofthe issues obliges the Association to presenfi itt view with regards to the matter under consideration by the Town Council. Opens Space Issues: Atthetime ofthe public announcefi€Nrt in Feb,ruary, development of the Water Districtb portior ofthe site was prohibited by a deed restrictionrhat prohibited "human occupation" ofthe site. The deed restriction was placed on the site in l9?3 at the insistence ofthe Town of Vail. The site was used as a location for a waler treatment and storage facility for a local water distrist. The position taken by the Vail Town Council in the 1970's was to insure ttrat ifne water distric't's facilities were abandoned the site would rernain as open space or be available as a site for a neighborhood park. _ Wim rytpt"t to the pending proposal, to date the Towr Staff has provided no research nor sufficient justification, within the conte:il of the deed restxiction, for conversion oflhe present open k4'* *- Post Office Box 238 Vail, Colorado 81658 Telephone (970) 8?7-5680 Message/FAx: (970) 827-5E56 ,'"": "'#ffi"iffiffiffinTJ.# i;f,i,Y,, I2lYIees 07:54:04 PM P.3 *'* t'1 space use to development of affordable housing. It appears that a complete research ofthe tov,n or Eagle County records conceming the source and purpose ofthe deed reslrictions was not undertaken by the Tov*n Staff Similarly, it appean lhat the underlyingjustification for pnoposed development ofthe site as muti-family residential found in the 1984 [.and Use Plan does not ieference the Lxis- Mopted in early 1994, the Comprehensive Open lands Plan idelrtifiesthe Water Dishict's portion ofthe site as low priority for open space acquisition The plan states, " Upper Eagle Valley Consolidation Water and Sanitation District willirgto sell or swap land. May have value as ein- ployee housing. (RETT [Real Estate Transfer Tax] funds would not be used if future use is em- ployee housing)" The foundation and premise for this conclusion does not appear to be readily apparenl inthe comprehensive plan Conversion of Federal Open Space Lands to Developmcnt In the Spring of 1994, the Tovm of Vail approved the lanrl Ownership Adjustment fureem€nt (ICIAA). The agreeme,lrt pro- vides a list of properties that the Town of Vail may acquire from the Unites States Forest Servici. The agreement provides for a stipulation that all lands acquired by the Toum ofVail are used for public purposes such as open space, employee housing (per the Tovm of Vail employee housing ordinance), recreation or for the resolution ofunauthorized uses [encroactnnentsJ. Importantly, the applicants and the Tov*n staffhave proposed an upzoning forthe Federal land portion ofthe site that does not conform to the reshictions ofthe LOAA Tte staffreportto the Planning and Erwironmental CommissiorL justifying the upzoning to MDMF with the SDD overlay, makes no reference to the limitation set forth in the I-OAA stipulation. The LOAA rgquires that any enrployee housing be used for a public purpose and that the residential housing be per the Town of Vail employee housing ordinance. The General Use (GI-I) zone district limits residential housingto Type III and Tlpe IV em- ployee housing. Type III establishes a maximum size limitation of 400-9ti0 square feet, no mme than two bedrooms and no more than two persons for each be&oom as well as-otlrer additional crite- na- Type IV limits unit size to 200-300 square feet and occupancy to on€ p€rson. There are no Type IV units proposed. These sarne resbictions apply in the MDMF zone dishic{. One ofthe four units located on the Town ofVail portion ofthe proposed development exceeds the required unit size limitation by 618 square feet. Through the overlaying of a Special Development Dishict the Toum Council upon demor strated compliance with review criteria may grant deviatiorn from required developrnent standards. The deviation from the size requirement for the Type III employee housing unit on the Forest Ser- vrce portion ofthe site did not receive review in accordance with the appropriate SDD criteria. There is the appearance that on the Federal land portion ofthe site, rhe change in zoning seems to be an attempt to avoid the reguirement of enforcing the size limitation on the Tlpe III employee hou+ ing standard as inferred by the t OAA The apparent failure to conduct a good failh conformance wilh the [,OAA has raised con- cems that the urtire Land Ownership Adjustment agreement may be placed in jeopardy, including its most ruport provision for affected residential propeay owners, thelesolution ofprivate boundary A,- *! + ,i'0';u" I v 1 I eocroachme,lrt issues. Secondly, precedent will be set forlaqE€r affo,rdable housi goruqglstlgl_Sgsld those exchanges rezult in economic dislocatisr for '"".'u'#ff;J#":'ffi ffi ;',iJ,1;TT;i,13, L2/Ytee5 07:54:04 PM p.4 Public Purpoae and the Allocation of Ovmership: In March 1996, in order for ttre proj- ect to proceed the deed restriction prohibiting human habitation on the Water Disbict portion ofthe site was rescinded bythe Eagle County Commissioners. Several adjarent property owners raised objections based on the grounds of conversion of open space to affo'rdable housing. A heated contro- versy eruued regarding the merits ofpermitting affordable housing on the site. At that time and since, both the Water Disbict and officials from the Town of Vail have publicly represented that in ttt€ir fuHillrned ofthe public purpose they would provide, through the proposed projec! affordable housing units to be sold or rented to their critical service personnel and local employees. It is be- cause ofthese representations by public offcials thal the concerns ofadjacent property own€rs were ovenrhelmed by demands of local employees and employers to provide more affordable housing for local residents. Accordingto a Town of Vail public relations pness release daled Much20,l996, in their March 21, 1996, work session the Town Council gave approval to pr€pare an agreenrentthat would fulfill several pre-conditions stipulated by the water dishict for the joint developme,nt ofthe site- Ac- cording to the press release, as a last resort to make the locals' units more aforOanb 25% oflhe units could be sold on the open marke! othenlise all units would be subjec{ to deed restrictions that place limits on resale values and terms of conveyance. From the time the Town Council approved the preparation of the agreenrent until the pres" ent there has bee'n no public discussion regarding the merits ofthe nrooosed agreernmt's cqrtent. A copy ofthe proposed agreement did not appear in any ofthe public hearingp on staffrwiew docu- ments. In the first reading ofthe rezoning ordinance before the Tovm Council, the Town Staffrepre- sented that conditions ofrezoning were in conformance to the approved agreement between the Town of Vail andlhe Water District Reviw Process: The Homeov,'ners Association has been critical ofthe review and approval process. It appears that at the initiation ofthe Towr Staff, the Tovm Council direcied thatthe-pro- posed agree,ment between itself and the water Dishict be prepared. uq!-t! n g_r"..ntlfg meiqlb/ ofthe members of the Town Council had not seenthe According to sources withTown contracrts and agreemenls must be approved through an ordinance by a vote of the Town Council. The proposed agreement has not received ap- proval ofthe Council. A review of a copy ofthe agreement referred to by the Town Staffin the pub lic hearing on fint reading indicates that the Town Sta.ffmay have unilaterally executed the agreement in July ofthis year. The agreement appears to adopt pre+mditions trat abridgment the riglrt ofthe Tovm Coun-. cil to establish appropriate terrns and condition to fulfill the purpose ofthe zone district based upon the findinp from the public review and hearing process. The agreemeirt appears to be a goning ion-ure rmfings trom lhe publrc revrew and heanng process. The agreemeirt appears to be a zoning con- I Egl@sconsideridanillegallegislativeaa.'*+, Additionally, the requirements ofthe Town of Vail to conduct an impartial review ofthe proposal has been questioned. The zoning compliance review was conduc.ted bythe Housing Ad- ministrator, who is the a&ninistrations primary advocate for affordable employee housing The de- bale over lhe allocation ofthe Town of Vail portion ofthe rmits uras conducted in a hearing for the 1997 budget. This debate should have occurred as part ofthe zoning approval for rhe project. Ihning the budget hearingthe Town Council desidedto allocate tluee units for emergency ryrvice pgrsornel and two units for other town employees. The Council set no standard procedures for qualifications or allocafion ofthe rmfu. t / a PP/Ea- tu @ 74r,*' Z ,,rc* ,u'*y' lz-" / ?'''4 ' fu/" ' -7., f%- fir* , 7r;a.^/ / 75 4an- <- " qry 'Y tr- ^i**,f- f^t oH "-'*-"'f fA'- uml 7 'frffi . .'"": "*iffi,1ffiff;:ffiffJ;:"'# i;i,i i;i, 12/Yles6 07:54:04 PM p.5 Homeowners Association Issues and Public Cornment Duringthe public hearings be- fore the Plaming Commission and the Town Council it has been the stated preference ofthe-Home- owners Assoeiation to not convert open space trasts to development without a detailed public review as to the merits ofthe open space site to be convert. Also, the Association has raised concems re- garding the terms and conditions under which publicly owned land is convert€d Aorn operT space to affordable housing The following issues are raised: I ' The sale of units on the open market (no resale deed restrictioru) should not be allowed- '/ The Warer Distric{s portion of the land for the project has already Ueen pa;a for ttnough local tax dollan. Construction and development costs should be ftEnced ieparaGty. 2. - To avoid.the alpearance ofa windfall or personal gain or conflict ofinterest by govern- ment emplo]rces, unils allocated for re,nt, lease or purchase to crfical employees of either'ttle Water Dstrict and the Tovrm of Vail should be limited to critical ernergenqr rerffi" fifelsafety personnel. Qualification for these units should be a weigfuted oiteria basedupon employmert tongeGty, critical ernerg€ncy response life/safety qualifications, and the status ofcurrent home onmership. The alloca- tion ofthe units slrould he throlgh an impartial (blind) lofiery and resale deed restric*ilns cornpara- ble to those irpoogd on Toun's Vait Common project Once employment as a critical persormel is terminated the unfimust be resold to the Town ofVait or the Water nisa;ct 3. All other units should be atlocated fq re;nt, lease or purdrase to qualified local ern- nloV-ees accqdingtolongevity, employnur! home ownership criteria, i*purtiut (blind) lottery and deed restrictions established for the Town's Vail Commons project. To date, the Water Dishict and the Town Staffhas rejected the above terms and conditions gthe disgosal ofthe units to be built on each govfinnmtrs respective portion ofthe publicly oumed site. The Water District maintains that due to its approved agreernent *ith th" to*.of Vaii it has sole discretion over the distribution ofits proportionate share ofthe proposed units Recomrnendations: The Homeowners Association requests that withinthc context ofthe pregisting deedrestrictions, thatthe Tovm Council reviewthe depth and quality of analysis giverl includingthe con&rct of an impartial zurvey ofthe desires ofneighborhood'reidents and p*p"ry owners, tomaintaioittglh. proposed sites as open space andits vilue tothe srrounding".igirbd- lood 5 1 {evelopgd park Also, that the Town Council cleady define the terms and co,nditi*r ,nt- der which it wiil allow the conlgsion of open space lo affordable housiflg prior to approving the proposalunderconsideration. Further,thattheapprovedtermsandconditionsteapteatoattpro- posed projects that represent themselves as providing affordable housing Additionaily, that the' terms and cqtditions for permitting affordable housing be similar in conted to ilenm i-3 us pres- erded in this mernorandum. Finally, that the Town Council grve the Design Review Boarditre op porfirnity, withoutprejudice of its ownpredisposition, to pass judgment onthe msrits oftSe architecf,ural design ofthe proposed project priorto rendering its own verdict on tlrc matter ofde- sign. It is advised that the Town Council should examine its procedure for the approval of afford- able housing projects to insure that the review procedure and adminishative ov*iright nrnctio.t* *: Council's owned selflimposed $andards for fair, hones! and open debate if rhe issues. , .r_^)r_nt lH | / 4n'" lr ya 'L'"u'fu)*+l 0 k-af(rr,. 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'/ ftn c-c'wa'+i k fL-'' c.) n- kr I o-u-J .'.',,\ fI' fi; 'i' ,J e-''l Cr--^ci / &:"ZrqK f*4* r<r" **'-{* ,/ZSf n-*/. u.,H fr* /) i A /.ftf fla-a7t-ta*ea :tdx.-tz *, f yg E ,/'^-- ru u,r'< ,o & * */;o^' tr- /r-. -4 + A1-r /*<fl/-{.": go4 C*t\ t1, (*f(' ' East t- "*iffi Jil:ff;J,tuffi rfl :#',;;i,ff , L2/Yleei 0? :54 :04 PM P.6 lo 0 dvsu""a "-t -r/'l*Lp,* l.S,ri' 7x "L ^,. -.-*' - t .^rr,-*-l ,pz,-z,r{A .J ,/ al,- rJ6: | -7-; *t-F-t. @ L.zh-" v1, Cz^o./ fu'L'- * /2, EJ ,t c.",\^--.,- ff+^ Ln ^-,r i p*J'8y z.s /. /-^/ fL-c\M//' fu"tr s4 tl A. ^f-q /n'/r-< a/*^-'( \uUn6-Y -' I 4"*--,a7 C f/-,-z- a^/.f /-"'d P^^? +* // H"ft&* f"nz uz.. a/ t-'-l /ed' (a 4^&', hJ^- sy,t '6-' a"-rt'{ 7 5--t (7 *Lt sir+V",, € fty n,,L u;t-, oo./1 o-/ r-L/= ' dtv{, ;,** 4 xn'rt=.-f u (y'{-r'f/f )t-e-i fL VC"-- J f*_ 4 3 /z p- 6>f rz cln-or;o, e &l* 6-",- usft r"r,te fL^. td6 //{"y' 6" rs dK I J'/Q/Y*Ht ''o '1'/\ Project Site 3: l*j:.lsiteconsists of two.parcels of]an4 which total 1.6 acres. The parcels are locued along Red Sandstone Rlaf opposite the Potato Parch Club and immediately nonh of the Aspen Tree Condominiums. Of the toal site area, 1.4 acres is currently owned 6y the.ERWSD ind .4 acres iscurrcntlyowned by the United States Forest Sen'ice . This'.4 acre parcel is part of a larger tract of land that is to beconleyed by'the Forest Sen'ice to the Town ttrofgh atandJxchange.-This land :I:llgt 9..qq in i994 and is expecrcd to. be completed by the end'of this year. Up-on completion ot trus land exchange the .4 acre parcel will be inco-rporared ino rhe ERWSb parcef and upo'n complerion of the project the 1.6 acre parcel rvill be ionveyed to a homeowneis associado^n. Existing Zoning T9t IIWSD galcel and the Town parcel are zoned General Use District. This zoning allows 1_ujl:y. oJ uses subject to the approval of a co-nditional use permir by the Town of Vail eianningand tsnvlroRmental Commission. Examples of these uses inilude public and private schools, churches, public theaters and parking faiitities. utilirv insiatiaiionsl"rfiai"*-i"t r and sewertreatmerr planu, helipads and Type III and IV Emplbyee Housing Units. - Proposed Development The design of the project is being handled by the local architecnral firm of Morter Associates. Lonceplua.t plans tor thg Project include four buildings and comprise a total of l8 mufti-familyConceptual pl_ans for the project'includefoui uuitaings *a "omlriir ui;i"t "f i8 ;J,i-i-ritt ,*units. Major features of the ionceprual developmeniplan includi:. Projecr density of I I unirsper acre fld units irn a rotal of l-d acres- The following rnformadon summarizes the major features of the local's housing projecr that will be p_ropose4 fol the_E_agle River Water & Sanitation Disrict's (fomrer$ the Vait V-aitey Consolidated Water District) Red Sandstone parcel. Plans for the proposed projeit are at a conceptual level and to_date no formal development applicadons have bee-n subminiA io the Town of Vait. As such tbe informadon below is pre-liurinarli ind subject to change as plans are refined over the coming weeKs. Project Developer /rt',ry , /ELilLERMR IVATER & SA|{ITATION DISTRTCT D,i,{ RED SAITDSTONE LOCAL'S HOUSr}ic PROJECT K Project Fact Sbeet July I, 1996 Project.den-sity of I I unirsper acre -( I ti units bn a total of 1.6 acres.lct oenslty oI I I unrts per acre (18 unia on a total of 1.6 acres mix of 6 one-bedroom, 6 two-ffi Y,i\) Thc.develoPer of the project is the Eagle River Water & Sanitadon Districr (ERWSD). The Townot Yarl ls also.a panicipant in the project. The Jown will provide a portion of the land for the iect and urut slzes unit includes either an over tlsex deve t standards of this zone disd square twocar vely. to the Town to re-zone the site to the Medium --. l ne concepruat plans are m compuance wrth lillre conceptual pJans are in compliance wirEirJ and it is anticipated that no variances will be requested as a pafl of this proposal. S,l /),/d^; { nvn.*a ] Eoildirg desig is characterized by a composirion of one to tbree story building forrns with flu roofs. This "stair-stepping" desi_m allbws for visual interest and variery inluilding elevations while at the sain'e time n3lsnins a very low-profile building. Ttre majoriry df each building is two-stories, or 24' nheight witd a small ponion of eich boildfig aithree- stories. or 32' tall (the maximum allowable buildiug heishi in the MDlvtr Disaici is 38'). Site access would be provided bv a new drivewav t]ocatjA aooroximatelv 60' north of the existing driveway to il\e Brookuee and Sandstonl parf Coddominiums. In lieu of the cxisting driveway, this new driveway location will provide improved site-line distance for cars raveling nonh on Red Sandsrone Road. ir4tis desi.qned as a "for-sale" proi While the ERWSD will maintein ownersbip of a small num5er6 own's witl be maintenance and appearance ofthe project. lfddelaration of corenants, conditions and restrictions (CCR's) sirnilar to CCR's for orber "free-market" multi-family projects will be establshed'The ccR's will address things such as the operation of rhe homeowners association and other issues regarding the - Relationship to. Surrounding Uses and Devetopment The proposed proJeqr dgnsiry of I I unis per acre is muih less than the density ofmosr surroundingpropertie-s in the Red Sandstone neighborhood. The following tible sumlrarizes thc zoning and densiry of surrounding propenies: Zone Disrict E!qjcs!_ Permined Densiw Potato Patch CIub RC, 6lac Sandstone Park LDMF.9/ac MDMF,18/ac MDMF.l8/ac MDMF.18/ac Parcel Size tl0 acres 1.54 acres 1.23 acrcs .69 acres .49 acres 5.9 acres 4.91 acres L87 acres 1.36 acres .96 acres 1.36 1.04 3.39 acres Units 1A.Ft l6 -r8 l5 84 60 54 !1 l8 66 5l 24(potential) Units/Acre(gross'l 4.0 r0.3 22.0 l0.l 30.6 t4.2 1)7 28.8 30.8 18.7 48.5 35.5 7.0 Brooktree MDMF.lS/ac CottonwoodPark LDAtr.9/ac .Aspentre€MDMF.l8/ac Sandstone Creek ClubLDlr4F. 9/ac Sun Vail MD,VF.l8/ac Breakaway West MDN{F, l8/ac Snowlion/SnowFox MDMF, l8/ac Telemark Homestake Lionsman-e Vail Village fth 2-Family Development Review Process MDMF zone disricr and, 2) aprilV a It is anticipated that formal development applicadons will be submined to the Town of Vail in late i"A.::gd_11*jlA"llqq$1lonsy1llncrgdetworequess,.@ SDD-zoning is often associated with developmenr proposals which exceed allowable densities or vary from other established development stinAarOs ofa propcrty's underlying zone district. The crurent concepual development plan for this projcct is wiil kt6w alowa5le densities aod is in 5 conformance with all other development standards of the MDMF zoue disrict. h rhis gasg, glp zoning will be proposed in order to provide the Town and the neigbborhood with assurances of the specific rypc, density and design of the development that will occur on the site. The SDD process requires subminal of a specific site plan, landscape plan and architectural plans. This requirement will allow the Town and the neighborhood to review and evaluate specific elements of thb proposed development during the public review process for this projecr Schedule The following is a generalized development schedule for this project: ' { special meednglirhgpoard of Directors of the Eagle RiverWater & Saniation Disrict has been slt f-o{ul}, l6th}t4:00 p.m. This meering will be held at the Disricr's offices located at 846 FEIrRoef-The iurpose of the meJtins is to orcseat th6 s6psgpual plans for the project and provide tne cohm:unity with an oppornrniry to offcr their conmen^ts on the project. The removal of the existing water tank and treatment facilty is scheduled to begin in July. It is anticil4edlbat formal development applications wil b6 subrnitted to the Town in laie July oF{;$g$Thg Town review prLicss will requirc x minirnum of four public meetiigs with the Planning and Environmental Commission, tbe Town Council and the Design Review Board. The review process is expected to last ben*een foru ro six montbs. Consmrction of the project is expected to beein 6 rhe Sprine of 1997 and it is anticipated rhat the enrire projeCt will be coismcted in one phffi Please contact Leslie Allen of the Eagle River Water & Sanitation Disuict at 476.7480 or Tom Braun of Braun Associates at.827-5i97 with any questions regarding this project. PROPOSED VAIL VALLEY CONSOLIDATED WATER DISTRICT TWCWD) - TOWN OF VAIL PARTNERSHIP FORLOCALS HOUSING R.EDSANDSTONE ROAD OUTLINE OF THE PROPOSAL l. 12 -20 uaits for sale or rent (to be detemineQ. 2. VVCWD and TOV each will control number ofunits equal to percentage ofland each puts into thc project. 3. WCWD will be the developer. 4. TOVparticipationis dependentupon completion ofLOA hausferofparcel from USFS to TOV. 5; TOV will initiate a rezoning ofthe USFS propeny. WCWD will initiate rezoning of its property. 6. The project may include free market rmits, up to 25% of the total number of units. 7 . The two parbers will jointly convey the land to a homeowners association. 8. Construction financing will be on a pro rata basis. 9. Deed restictions oa ttre udts will be the same as on the Vail Commons uoits (if owner occupied) or other TOV EHU reshictions for renters, with the addition of a right of first refusal for each of the partu€rs to purhase its shaxe of resale uri8. QTIESTIONS: A. How will the profit firun the sale of any fue martet units be (a) divided and @) applied? NiTJONAj FORES? x:\r:r:Frrn- . ^_ _."-_..__ Tohlt oF vArL lillpohlrERsErp ADJUSfHENI tfhite i,iver National torestHoly Cross Rarger Dist,ricr Recgdtroe ded by eppioved . \r' F.,. HrllrAx ff. wooo Nfi.tlolil,t, tonrsT I|ANACEHEI..T tcr ANALySISio!^'n cf vail LaDdownership AdjustmeDt r. PUIIPOSE A}.rD NIED ! The tores! servLce l::^u"r trr" scor,rl airr"ts that the Forest supervisorshall prepare and nalntain 'appropriat" ,riii", rlaterj.al to irdplenelrt).ancounership adjustnent actilns- and rigit"_ir_*"y proqurenen! in ;i:;;:,nt,'tt !'ith thE,Folest Land: and ne!o"r". x.n"g"r"nt pran-rio:""t The nenual further di:€:t-s that eech lrational Fo;est r^,ill prepare aLando'*nelship AdJustbent Analysis for incorporation into the Forest plan asan E'nendnent. ?he i,;iite nivei ttational roriit x.n"g..ent pLan glvesd.irection !,ith ide::tiliea "trat.giei--t; ;;il rhe decisian nik€r incorsidering land ecijustmen! offe;s. u"a a"-.-toor in the rnanagenent of theNatj,onal lorest. .?hese strategles consider acglJisition and conveyancecriteria- The rnarEq,enent plan does no" p_."una specific strategies fo=areas thet have cc:plex o*ne:shlp patteris iii .."oci.t"a high landvalues. The Holy cross Ranger oistrtct ic"iliri.a three aleas r.,here these.conditions exisi:-rhe-Town ot v.it; ,o*n-oi. iir,au.ni and tbe Edtrarlts, 1o*,.,' of Avon, and Eaqle-vall a:ea. trris Jo"ur.ia' pr.="nrs the possibl,e ;:lit::::: practices for a laadot'ne.sr,ip "Jjui:renr srrateey in rhe ro,!,n of ?herefore, this Landoenership eajustrnent ,tnalysis is needed to: 1. fncorporate_the. respectiTe purposes of laL,g r.,hiqh autltori3e landpurchases. donations, sates, "lO exFhanges along lrithinFlernenting regularions in the coJe of federat neguiattons 136crR 2541. objecriveE anO poticia"-ii ."* 5400,. and the whiteRiver iesource Xanagernene. ffan (!'Ufi , 2. Dispray the strategy for laadownership adjustments on the whitei,ilier liarionai porest in tf,e "feinity of the Tqwn of vail. 3. provide a basis fqr cost effective landg rnanagerAent decisions bydisplayinq lands r-.hose acarfsitioi Ji "on.,.y.n.. r{ttt conclibutetoeard acco'ip! ishrnen-- of ihe oUSectives developed to irnplenentthe Forest Larrd anal iesource U",iage..rrt and corwunity objectives. :t. PUBLIC tNvolvrrEh-r fn l{ay of l99l the iown of vail and the Folest seroup to deveto, a draf t randoi,,,.r=hr;-"lj;;;;;:t:;:ir:::l"o;"":::iH"eroup con'isted of reDresenratives frin ti. ro"n .; t;ii. -;.9i;'"riii"l"""o the Folest servi.ee. ih. group shared planning, docunencs, conducted sitE dI t visits, aild CiscL:ssed lando!.,nersh!? opportuni:ies and co;1ceins. The grou!,initiarly deveroped selerar sraren;nt; descrlbing " d". r;;;-;;;rr;"= "co:rditlon for landosnership latie:ns anO aOjueU'ents. possille iin"'"o"naFractices.eere then deveroged based oa the ieslred r,rture conaition.'lnarraiive descljption ard a lriaP Oepictilg ti! to..cion of "irur. ..r"g"r"napractrces was subsequertly developed. thls draff information r.ras th!subjest of three p..tbtic_ lnee--ings hort"d ly lhe Tosrn of vail Bnd rhe Forestservice. The !:rst meeLlng "., " ga"u"nt;tion of the ce'lred fu..urecondition and possible r.lanagehent practices Bi a =eguLar sessj,on o! lhe- ?o$i of vaiL planxlng and sovirotblnt.f cJlirr:,o". several nembers of theTo6n Casncil and inlethj,s sa:ne !r.rforr"t!or.rt" ted residenls Lrere present at thig neeting, Later r;,eerins L.es trelr ....nlli i;"ff::::.::.'"::fi::.:,":;:,ies'neerins. rhis re!)resentatives. ihe third rnee..ing "u" " tii"i presentation of thespecj,fic patcel regearch to the v.ir ror.., i"""iir. Hanl, of the canrnentsand ca'ts€r'ls reqeiveddraft. at the meeting !re:e incorForated j,nto the flnal :Ir. ErrS:INC COt pI:IOlr :ffr:il:tT"];il".tir"l inrernatio4allv lenor'rned Jour season resorr. rhe rands. p!.esenat;; ;n;.;":::;:.i:i:""i$::":i:or:J."::r:;:lr";;T:,:fi;developed. teal, eetare values are f.iglr. - ";loaential to createacd:'-iora 1 Fr ivate I a!.rd sn itabl,e t..-j"r.f ".r"iiconperi.rive and spequlariv" ""*i=.ni.ii. -';ff:;.:i;:":;"""1::*I" ."uF-eseavation of latrd t(Ene rosn of vall. ^u ,'ot used as oPen space has been a rtigrr prioriil tora'd adjacenr r"-ir-Li"'ii"iii. llltliilrLEndo!'oership 'a5""ti,.nt" ,itiln service adrniniscreiive,o".i..ioi.-.i.J.';:il ::;::1.;il.iiJ!;iil.;" :;:.;:,."!.tllit.""i"it:"ii::'il"' civli'la*ssits ira"! res,,rt"a lhen aFperr.anrs ::j;:*it.:j:;;;' T:::'l' ll'n:3"';; =i:iiiii.ii! "iii;""?'x"*li Lancosnersh!p adjustfients are eostly and tine consuming. The most recentacijusiment *as a conveyance- of t*o larcels ao iil ,o*. of vail under theautholiries of bor,h rhe sish ana ro*ns iie-a.a, ]"'"nr, process -.ooh justcve; teir years jioi:r :he tire ,: propa..i-a"'""r"tthe ?oHn and rhe rqresr ::::ice ;;;;;;; ;;r;:,,";T:::i""t#;;:."::n*:lF:oFosaI is st.ill belnq contesteo i" .iifi-ir"ra. The National torest Syst ;:rj*:=:#;:n:':::""i:f;,:";::,:i:f :::,:il.:: Il.,",,ll".linny I the Hhite iive; -!etionel 1959. This plan focused lorest cornpleled a Land Classigicatj,on plan !non asquislrian prloritj,es. fn I977, an ahendrnent \.Jst\'ri to the 1969 Land Classlficatlon Plan r.ras approved that alloued for theconv-eyance of two parEets for urban .rp"n"ioi i'|a to irnprove the publlsadrilnistlation of the parcels. rne a.inarneif "a"a"u that, "lf t,he tracts.. lrero treded and dovelor,€d it rrould b" ;i;-;;" -g*nerl:- coc$nithent andagprova! of the city ard caunty go""r*,.i;".;- lhis decision helped toreinforce a strong role-for tle iorn of vaii and Eag]E county in ForestServj,ce land or"rne:shlp decLsions - fn January of l9gO, Distliet nanger Nunn sqbrnitted a letltion of.lnnexatj.onto rhe ror.rn of vair for eight paicels,t iiii"r.r Foresr systern landstota}ling l3g a*es, hore or less. fn FebEu;ry the vaLl rorrn councilpassed an ordinaace annexing tnese p.r"ei". --ii. ,oron passed an orcinance:: ;ffii".i:: o'iLjril*.-"r trre sul5ectli,",iJ, "pp,o*irnarely 36 aces, as creen Be,r and _".",il:d:i. ;;l:::"i,:T::ll isiiill,iI:i"*:l;=:,' Ranger Hunn racked tha authlrity o" p.tiri""-i.i enoexation and thereforethe Egency does noE recogrize ti. ..iiorr. fh.-lnnexatton and zoning oflNational ForCs! systen lanas by an" a."r'"f 'uJil'' "ontinu., !o be a point ofcor.tenticrn that fqrther conptilaies rnan"9"".ni-lt .dJoining lands, the current Fores! ?lan, published tn 19g4, identi,fies specific rnanagemdntrequlre'ne''ts for inaividuir" "r..= ,^,iirrio-a;"-;;;;"". A nanagernen! areaFrescription wrs develo?ed for each ..."".. fire-ilnagelneDt areaplescriprlons for liariona.l. ro.""a "y.i*-f.nJJ "i5"."nt to the Tor.rr of VaiIare sqnmarized beloe. A detailed o.""ripaioi-"ij tne location.o! thesetnanagernent areas are found i, .tppendix e, ""r"-oi vril ,andotnerslripAdjustne$t Hap. $irter sEorts site ftBl,-,"::::_.T:l: ernphasis provides fc= do!.,nhi!I skilngon existing Eit.es rnd ,'iaintains ,e-lected ii.r,entoriea sites. for futu!.edqsnhl.ll skiing recreat!on.- opportunities, -- ' seri-pr!.r-r !.t i'.re Hotorized Becfeatlon (2At ! l{aragehent enphasis is for. ser:tt-priRiti.ve hororizea ,"iiriEi "$iii"itr"" such asslor.'nobillnE, four-$heel driving, "na'ioi"i"i":,i.ng boeh on and offloads and trails- : se'il-pf j.ilt ive I ltoil-no:ci!-zed. Fec_re a t lon f3At: Xanagenent eraphasis is for ::::;:.t,r.t"., non no:oriled l""".lil|"-"n fin roaoea and unEoaded Non-forested tril.dlif€ lrintgf_galtere fSA,l: - Managenent eriphasis is on wintarra',ge for deer, elk, pror,9no."l5tgh"r; ;;;;p, and $olnrain goats. I,ood Fibgr pfoduction {?Et: -NanagenEnt ernphasl,s Ls on Hood fiberfi::ili:T":':";:i:::::'"' oi l"eu 'I"'J"""a'"e a siee and q'1raritv \-,1 .:\ HlIdefness:Serni-erl ltive tSCf 3 lranage,Dentaltd perpetuatlon of essentially natural A sureey of the Town of Vail and Naelonal Forest boundary gae conducted lytbe Folest srvice !n 1991 and nume.rous titfe-cfai,ns were identified. Thesetitle claihs range lrom portrons of horles aod private to.a" ao-i.iJ"."iirr9and ourdoor righring.,on.ranas_identified ;;-;:r" "r .i"J..i."lH;::isysrer.. portLons of National torest trails eia traif,freaas appear to beJ.ocated on pEivate Fropelty gE toen of Vail, oFned landg. Natiooal Fo:.est sy.te.n lands adjacent to the ?otrn of Vail host nurnerouscolr?cnents of the ToL,n, E utilj.ry i,ntrastru"iuiJ. Hater tanks, troeerline5,selre: lines, electronic sites, and roads are a f€t, exarnlles. rV. DESIR:D Ftt[()-RE COIr'DI?!OX: the Forest Service defines the desi.red future condition of ihe -Iandounership patrern :: :l.t per,tcr; "*f".i"a-i" Eesult. !f the goata andobjectiyes af the Forest plan BEe ."f,i"r,"a. --Jfr"pter 3 6f the Forest plar.outllnes broad goa.Ls for Che f,"na. p.oqr.rn, -::il:fi rl";::::,l::ts r''j'!hin wilderness' consor'ldare Nationar Foresr -Acquire necessary rights-of-rray to facililate Banagement of thetoresr including pqbris """u=r' "o -tlii-Ji]i uor"r" syslern lands. -?ursue opportunit. nanaeenenc "ror.rlii".l"lff.i.;::::::;T:,:::,:;::*"rlio.lll.". fi:::il:led private r.andi'to'".4-;r;; pi.ort., resource manaeernenr . Netional policl' prescribes thar T_aF.t^.,^-_-L:_ .rrcrassify rands for ".*:::.:It-"andoL'nershiP Adjustttrent Atraryses shall objectlves: - Lsllton or conveyance to achieve ur. rorr""iig-- Enable the Forest/cras sland to implement a proactive land acquisitionand conveyance prograni s ...e.gl;: Enable the Forest/cras s I aehich it r.,as establj.sheorno to achieve the legislative objectivss for :li:i:r:';j:;ff: ::il::: ro acquile rends varuabre ror reclearr.on, pulposesi -- =5s' atd other natural resource Danagenena enlthasis Ls for t.he pFotecLionbio-physicat cond!tions. a J. tr .1. Edable the Fore€t service to respond to dl,rectlon glwen by congressfor eatabl,l,sh$ent of cl,assifled. ireas ,,r.i-i" FiLderness, nr,tionalrecreatLon areas, and scenic rive!s,. 5. Consolldat€ lando!'nershig to irrprove operatLng efficieDcy, ihprove' efliciency for the development of prtuat" i.io", .na inDroveoFPortunitiei fo! coBlnunity expansion, 6. Xeduce the need for_and nunber of rLghtg_of_lray to plovide for publicaccess to National Forest System land and plj,vate access toinhoLdings; 7. Reduce the nj,les of private/Forest Service property line and to reduqethE rriles of property boundary ,urrey, po"ti.ng, and naintenancei 8: Reduce speclal use pelmit adhloistr.tLon; 9' conveyance of lands, especiarry near soritnunities, that are encuroberedlrr.rh private usee rnd uhere aequi'ition or'oirrer lands can better. serve the pubLlc interesti 10. Irrprove opportunities fo, "g.n.i and private partners to provideresreational, eildltfe, and other natural ,."1o"." servlces; Ll. Naintain and irnprove the-ability to acquire key paEcels through theLand and l{ater conservation fund "orpo"i*" frogra.; f2, aesoncile Recreation Conposlte plans rdLth the Forest plan. Und€r Nanagement nequirehents in'tle ForeEt Dl,rection section of Chapter 3!n the Forest pl,an, Ceneral Dlrection "a.a.r"it, aescriUe the priorjtiesfor landosnership adjusLrnents: 1- classify landg for acqursilion or to acqurre Lnterests i.Jhere landshave been Ldentified as ,hore valu.,ble for xationil for."a p,r.fo."J,-o.uhere surent or potenCirl use of plivate landg trould adwersely affeetsNatlonal, Forests walues and vhere a-quisition uauld not transfeEinpacts to another site accolding t; tbe follorring prl,orlties: a. fn desLgnated lrllderness areas and other Congresslonallyclasaified eE€rF - WheEe landg or rights-of-way are needed tomanrgenenb goals aod obj ectivl,ties. Lands;h'hich provide habitat for tbreatenedof aninals and Flants. neeC. resource and endangered species tY'l -Y. d. iands r.hich include floodplain o.r wetlands. e. on lands having ouestanding'scenj,c valr{hen Lhese resources are threErened o;":;r:;.T;.:::t.:"ff:;."'",managernent &ay be enhanced by public lvnerstrip. f. Lands which are Naticna! Foree! i:r ch!.essenrlal bis sane wincer ranse .ru _.:T:i;ji:.rf"::i:.Nati,onal iorest Purlto€es. 2. ctassify lands for conveyanqe according to the follorring prlori,tles: a' Ta states, Countios, cr,tj,es, o!' ot.her fede'rl ageneieg shencoaveyance Hill seEve a grelter pubJ.ic inferest- b. In shall p.rcel,s inteiningled $ith &ineral or honestaad, Fatents. c. suitabLe for develognenB by the privnle ,ector. if develo![rent{i! *Tlii'il.::::::"*"'; hc";;;i;;; recEeaqionar' erc') rs rn d. llhen critical "';:.'L':'i"li:"F:, i$iti'iff::".#::::*'":'fi:.:j::::' r co sys !er.s. ."i;, ]i:!i.il:i #,::i:.::: ;:::;:::j;;;:!i:j1,,.::::i::i ;i":;::::'-:': "'o"""' i"ll '*"r'"nee 'here o*,.i''- or grea'er ".ri!lt to be acquired are considerld t.o te oi"eiuar !n addition, ths Forest Service H.nual diEection i:i'l:il";:i:::il :l:':l t'anas occu!ieJ-il;;-;.;; ;:;i:':'i::"'i;:"""permlrtee. These terrn ""':-?:^t:::*Tdated by agree&ent with rhe ;:mt.::i:'1,1j: ::j:::';":;';.::il:i.:':":?':ft T;;ii:",:::::":l " :l';:t;:;1.:ni' ill^ii"l'1"'i:;";:.:T:T:::':3":il::'l;: ;::;::j *":*,.," ;::"H::;;':r:':::;::.":, rocar co,"',unihies are an r'mporran! cornponent in :"x::T:i:*:; J:i::ri":,";:ii"i::.::"::tiilT::lil,";:::;1":iir*.pl,aDnlnq horiaon: iited future con-dition blsed on a ten year l- That there be no National F6ra-. .--.^_ ,- .liorlts of the To|Jn "a"lu.irlor.r" systen lands trlthln the rnunJ.ctpal 2. that-the FoEeEt Selvtce survey,r'oundary of the ?oua of VaiI and identify, and rJtaintal nthe !'orest Service and the connon thag both fs agencies share in the enJorcehert of regulations lrertaining to Chet'oundary. _ rhe boundary hrr been .irgffif.J -riule. pos s iUle,irrEgularitie! hava been reduced or ellrninated. lh::- arl land exchanges rnd purchrsee optinrze both locar and nat.iorrBlpublic beneflt. confticrs lrith locat fit".""t" ii" recognized Ln rhedecision rna&jng process of all land "r.t ung"" -inJ-purchases, and alt. efforts are Dade to addrass and mLnl,mi:e tioge conf:,tcts. that all lands acquirad by the Town of Veil are used for publicpurposes guch as open slrace, eraployee housiaE 1p"i rorn of vailEnployee nouelnE ordr.nance). recleat,ion or rir-itre rdsolution ofunauCho:ized uses. That tha Tor.rn of Vail, Eagte County, or the pores! Servlce acouire allprivately olrned tracts, percels, "na g."uiou"iy ,ripfattea larras 'djacent tor rnd outside of, the comln Totrn "i ""ir and Forestseryice boandary. fbe5e lands are transferieJ-ao-an" Nat!ona! lorestSystem, Eaqle County, or the To!,n of Vailf,er.-5oint objectivEs aresat i sfled. ThaE publlc rqE.lr to National Forert Syrtern land5 be ,nrinteln€d orinproved. Ner. access points rneet town of Vail and Forest SeEvj,ceneeds. 7. Ahat National Forest Syscer, :.ands liEhin tbe study area tha!_Ereencumbered vith abandoned uses. unauthorized uses, o" ir.f"a"tiuit,rr.related facilities are redlced or elllt|ir:lted. 8. fhat the Tor.rn of, Vail and National Forest lecreation opportunl,tips alejoiDtly planned and integrated, 9. fhaL alt unincorporated, platred resldential areas ul.thln the sludyatet a€e anDexed vj.thln the nunlcipal limits Of the Aol,rn o! Vtil, lO. Tha! the wood fiberidenriri.ed in th.,"::::";i::: ff::":f fi "i:il::'r:ff ..1]"11i"., VaiI be replaced by a recrealion ernphasis prescription. 11. that new devclaprnrnts are discouraged oD privrtB landB thlt ExlstoutsLde and adlacenC to the Toen of VaiI.- the rbove EtsaCedentr reprgBgnts both goalr, thrt th€' ?or:.r! of Va,il, E.glocounty, and the Fores! service uill iursue in paitnersnip, others areindividual goals. For exanple, the iisco,rragei""i'"r ne,e dewelophents onprtv.t€ landa (rt€.m l,rl Ls orrcside tle 5urisirction og ttre Forest servrEeand r.roul.d be the burden of, the Torr,n of iail "ia i"ff" couDty. ri. v. Differenqes betreer lhe exlstiag condlti.ong ,nd the deslred futureconditions lndicate a potentiar oFrrortunity or the need !o ""r,.-ultron" toachieve the goals and objectlves of the roiest p!an. The neans to ."ii"uuthe desired futule conditl,on! ..re possible tlanagelnent praccl,ce6. cornparlngthe exisrlng condition ol landovneiship vithln ifr. fo*i of vail sp"iiii-'study iEea to llational Forest palLcy; lle goa:, and objective5 found in theForest PIani and the desired fulule condlt;on scat,rrrents. deveLoped by th€Torn of vail Holking group yietds several, polenlial opportunities {orlandor-'nershig nanageo'eDs : 3. ?he-Forest service-. Toirn of vail, and lagle county shalL considerIand-use objectlve! established on lands -adarinistered by the other. parlles in their lnanagenent practices. 4- Reduce the nurnber of_National Foresi speclal use perml.ts for lot.rn ofvail infrastructure !.qilities. g. .Resolve all title clains tnd el,lnrlrate all enccoachment: involvingNatlonal Fores! System .tercis. 6. Elimlnate Tocn of vail :oniog of Nalionat Foresg syEtem Lands. ?. Jointty plan aDd irteglare recreation o;r;rortunities and faci.lit:ies. 8. Ihprove or naintain public access to Natlonal Forest Systen lands.Neg access goints shout,d .neet ,osn of vaif iia Forest serviceobj ective s . 9. Reduce the prieate and't{ational Forest boundary ca reduce tha extentof, property boundary surve),, posting, and mainEenance. tt' ;::*:I":nrorce regutallons pertaLning to rhe manasement of the cor .,on 11' That ar'r rand exchanges and purchases optir'ize both r.ocal and nationalpublic benefit. canflicts *ith loca! iit..".a" ara recognLzed in the:::1"t"" roaking.process ef aII -land ._.n."g"r-."o purchases, and alt.efforts ale ,rade !o rddsess and ,oinlrolze tiose conflicts, l,- Etininale Natienal Foresc systen lands r.rithln thE 2. fmFEove opportunitles lor 9Pen sPace. It TotJn of Vail - local ggverBDeD:s tg acqrl,re aDd pres€rve Ttre range 'o! possi,bl,e nanageroent practiceg or authorit.ies for landovrnershi!,adJustments lncltrde the puEchase ;t non_Federal lands, donatlon of .non-FederaL landa; e.xqltsr:ger Eale of Fedelat lands to nsnicipalities, andlegislated adjustnents. the To$n of.vall landorrnership h,orking gloupaPplied these Eutborities to the Toun of Vall sfudy area in an attenpt totake rdvantage of the opportunities identified above. The resurt $aE anatrEtive and roap desclibing- deslred RanagefteDt lraclices for lrndormershi,padjusitnencg ( see -ittachrnent 1). :1'::.a lando:nership adjustroenr is proposld. a parcel specifLc€rvilonrnelrta} analysis will b! conductid. rhLs- anr]ysis foust include adeterrnination of public interesc and,nust conrLder r reasonable rsnge ofelternatiles. including no'ascion. the nanagernent practl,Ee identified forthe eubject t'arcel(s) (s€€ lttsehtnent 1,1 *ouid be one of tbe alternitiveBconsj,dered in detail. The Forest Service decision naler nay then chooseatL or portions of any alterDative corsidered. vr. FORES1 PtAlr cotfstsrE[cY: The tianrge!$ent. practices identifled above co$ply r.rilh the directLveS of theflhite niver Forest Land and. Resource $an.gerne;t llen and uit,h aL!.legislative authoriti€E. The sellct€d ,"n.9*"nllr.ct!ce3 are wlthin thelublic interest. 1"' .+'. I AItA CE.IF:II A tlara.tiv. rpd ltrp of pos.iblc ltaargcseEt p:q.ctLE., Parcel B! Thii parcel is rocated llong core crcek near the rnterstate ?o ria\r :f"T:":i:r.;:rarns Natl.onar.roresi sysie. ianos thar r,"u" u."i-iin";";til. sl.ze:40 acre s Encuhberancca: Easertlenc issued by tbe Departnent of Transportation for' rnterstate 70 rnd a right-of-way is;.,ed oy thc Forest service forHight"ray 5 (gighorn Road lzoniDg: creenbelt and Nat!:r6l Open Spa6e DistriseH.ret'dsr lo0-yeer fl,ogdpl.ain "ton9 cor" "a""t, ar" areag of .mediurn severrtyrockfall hazard. The ?oun oi v.tl., Snorr Avatanche Hazard does noE,include this parcel Unique Rcsource Valupossibre Manaee'eDr ;;;".1::::"::"::;::":":: :;:"1"*" or Vair. ?he Fores!Service urould need to reseree "aa"", to the core Creek canrpground andHosld need to reserve trailhead parking and access to trailhead Parc'r c: ?his pErcel is located ittvnedirEely 40rth of prfna courh a.,d contarn.National ioresc sys:ern Lands thar. t"u. U"ri-"in"xed by the To*n of vai.l_ Si:c: 5+ acres Eocustba16nces: Easehent ! c co6d rlurnlersr.le,, ""i!:i;;;:_:l_:$ f ::::T;.i: ;;::;iT:::i:: ;::Hlgh!,ay 6 { Sighorn Ro6d)zoniDE! Greenbett and Nalural open space District,tar.rds: poni,on of parcel ,rithin neilum .;;;;r.y rochfall hazardUnique Resorrce Valuer: potent.ial g,etlendgPossible ltenageeenC praeLicc. Conveyanqe to the Tor.rn of Vail Parccls c-2, c-3, c-4- anC g:S, ,f,.1-. four triangular shaped parcels !relocaced north af Ehe rnterseace to tigia-oi rJi ana contain Nationat FolesE.Syslen Lands that have been annexed lV an"-f."I o! vail. The i.n..ent of rre.Ennex6tion vis to cepcu6e ..h" .rna""rr"a"'-io - J"u"r"rra. Sire. Undetermined EncuEberarces: EasemenE issued by the Departnent of ?ransportation forfngersta!e 7O Zoning ! None Xazards: Parcel G-2 ls unique ncsonrq. .,.r". " , "iili"rirl.tilrjj"ttitv rockrsll zone Possibl. MaDagetrent plaEtl,ces: Convgygnsg to the Toern of Vall tJ:| t\ Parcel Fi ?his ?arcel is located at the northcontains Nallonal lorest Systen Lands tha!va!1. Parcel Dr This parcel !s located iflnediately soqthcontains NationaL forest System tands tiat havevail. end of Booth Falls noad and have been annexed by the Tolrn of Pta=nlgan Road and been annexed by tbe ToLn of siu e: 14.8 acres EDcr'leberaDces i upper Eagre.vatrey h'ater and sanitation Dislrict ha' arater storage !!c!lity on the parceL under speclal use per$ltzoEisg: pub).ic Use DiEtrict, fo,.rn oi vaiL is consldering le:oilng toAgriculture and open Sp.cela?aids: High severily rockfall sone, high hazaEat debris florr zoneUDiquc Resoursc Values: None identifiedPossi'ble ltaaagcieat prcctic.: conveyance to the Toen of vail for thesouthern poEtlon of the parcer.and de.nnexatrcn for the norlherntroltion. the Fores! Sereice Eould need to Eeretrve ascesa andrrailhead paEking toE rbe BooLh creek tr;il Farcel. E: This parcel !s located at IA?B vai! Valley Ori,ra .na conlainsNational Forest systen Lands t,h.,! have been iirr.*"a by tbe Town of vail.. Sire: !0 aqres tlcuabaraEcei! lotrn of va!! has parcha5ed the northern one third of theparcel that included a gol,f course rnal,ntenance facllity.zooi.gr creenbelt and, ltat,urBl open sFace DistrlccSrrardri ulEh i,nd rnoderate ha:ard delris ."if.iiir" zones; nedi.urn seve!,ityrockfalt ha3ard zooei and possibre "n* .".turrii. iirirr"". ;;;"'"'tUEiqu. Resource Valtes: None id€ntifiedPossiblc XaDagetDeli Fracticca conveyance to Che Tolrn of vail for thdnorthern portion of the parce! (acconrprlsied) and deannexaglgn for tnesguthern port ion Si.ze i 5 acres Eocuebetrauqes ! ptarrniEan Road crosses the northern port!on of the parcelzooir:g: creenbelt and Natural open space of"triiiE.zards: High hazard debris avalanche zonei mediun severity rockfall baaerdzone,- and posslble snol.r avalanche tntiuence ioneUlrique Resource Val,uesi None identified .Possible MaEagc&eBt practicc! Conveyance to the lorJn o, Vail flr tbe ;:::l::"" Portioa or the parcei "tta au"r,"'""iiion for rhe renar.ning ;a f,--i77 -3rqD Ptrcrl g: This'parcel a" 1::.:"0_ ltrur-ediately south of Rockledge Road rDd ;:li:-" Narionat Foresr systeu lands tiat have ueen annexed by rhe ?oen af Size: l,l,.S acres Eoctrebcraqccr r lhe entire parcel i,a sithin the vail -erisociates gki arerpermit. An unauthorized di,version "truitur. exlsts near the center offhe norlhern boundary. l,n un"utr,oai""I'orrr,.r"y and nunerous _landscape lnprov€irerls gccur on tfra ""rtRoclledge Rold are arso locaied or, an" "ttt Portlon' Portiots of zoniog: creeibert ogen spaqe District estern PortLon of the parqet- Earalds: the southeestern portion of the parsel tF located uithin a t0ediutrseverity rock fall haeard :oneUqique Rlsource Valuerl NoDe identified. Possible ltrDag.tlcot .prlctica! Con""y.rr". to the ?own of Vail, ,,rith privarepareicip.tion, of the L,esteln. porcioi-oi.the pErcel. up to ehe i.,esre!.nbour,dgsv of the adjaceDt Lot r: "ii."-ihr" palcer is uithin a winlersportg speqisl use perrnlt, it fc lnterraed chat thls. convey!,oce t.,ouldoccur lrit,h theonry rhar ".,.r::"::":;:"i"li.lninli"ll.!ii;";11".!i:"#.:::'ir:ll*'"inprovernents. ?he deslred nanagernent practice-for the renaidlng ."ra"rn portlon iscorvey.nce to t}le peiaittee sj,rce this parcer also lr,es withi.n theBinteE sports speci.l use perrniE. ti ii-intenOea that this conveyanqe;::i: T;H :::l,rrn rhe larricipeiioi-"na "o,,.u,;;;;.-;;_.;.,,;;i.l ",,naster pran * "#l{i:,::"h::T:.r::":i,::,::.,:lr:,.nJ;:jj::,o..rnership. The conceptual naster plan iost a..o" oa.te the existl,ngpernitted uses snd_facilitieE and ir."il" desired access for theperrnittee and the Tolrn af Vail. ... Parcc! B: This parcel is Located irhedi.tely north of ttre rnaj.n vail rnterslate?0 interchr.Dge . aDd contains National fo_"_i-iy""", Ls,nds tbat have beenannexed by the Toi..n of Vait- SLrc: {O+ acreg Eocu.o.b.raEses ! pqlllc right of wey, 5picill use pbrrli! for horse stables- .nd trail rides. and ,rure.oui ucif ity-"orrfaor"ZoliEE: Lgrlcultulrl and Open spacc*'"':::":ofiliil jj|:i*i: lii':l.t" cleek), noderare hazard.debrls *oH uqique Rcsourc; *i;.;:':1.:liliiti"iilir;Possi.blr ltaa.gctle'lt prrctl,ce! Conveyance io the toun of.Vailrrr StrtEs chrlrg. r coDvct,cd. to tbc to.ro of U.li .__ 14 Il. Parccr' Ar Th!s'paEce! i3 localed fur'Dediately noEth of vai.l vie.' Drive and rrestof, potato pateh Drive and containg Natiinal loresc syscem Lands that havebeen 6nnexed by the fown of Vail. Sirc! Ll acreg """T:::::.r t vait vall6y Drige and pararo Farsh DEive borh lraverse thrs zoqiEg ! public Use DistEictEazards: loo-year lloodpratn {Bed sandstone ereek) and rnedj,un and highsevert ty rockfall zones.uoique R€sourse v€luc6: potential petlandsPoJsibte Maqageqeqt gtaEtice: Cor:veyance to the Toun of Vall of thesoqtheasc half of the ps.rcer .ia o".rrn.*iion far the rernainingnorBhHestern por!lon vail_das_scFope paFcel: This parcel ls located- 4, BLock !t, vait Das Schone Filing t{o. 2.Foresi System .Lands. Si2e: lioE det,ernined EDcur!.be ralca g i l:oneZoqi!g: None Erz.rds: None identifl,ed Uoique Rcjourc. vrlu"s: None :CeotlfledPosslble MaEagebeE't precticei Conveyance to northeast of to:F lr 2, 3, andThe parqel is entlreiy Natiorat the lot.'n of VaiL. vail Eeiq.bts parcel3 These. tlro triangular-Ehalred 'par"":.s north of the VaiL tieicau".,,oi ;;-,;.-;"";ill;"::ii;"fi jT"il.l3i..lii'in" the o'.rne:._ Si:e t Not determlned Eocu.uberaaces: Nonezoqilg! lfoneEarrrds: None ident i fied are located !o the The Eagle County To$n of Vai). nay be uDigue Re5ouEcc Values: None i-dentified . Possibl,a ltalrageoeqt practicel ff tha fo*n of vail, athen ehe torn ,ourJ .on".y "o Lhe Forest """"rf"nltt"" the property, l-\ t I,qdpgf parc.l:'.Th!s unplattedr prlvrte parcelBlock !, vait Ridge (cortinr Lane). fhisrnunLci,pal boundaries of the.fordn of Vall. si:r3 7.2 acres Etcrl.Ebera1c.s : None Ldentif iedZolitrg: Resource (County ZoniDg lE!rlrds: lloDe identlfied Unique nesource Values! NoDe ldentlfiedPosiible t{aDageaeqt pncticcr If tlre toen of .Vai! acqllre5 the property,then the. ?o!,rn vould convey to ehe forest Service.r.r status Update: fo|jo of vatl, lE l.:r tbe process of acqul.riogrrr East vail wetar ae'k partl! upper Eagle varley pater District needs to expandL. curre:rt_ storagE facirity. This expansion nray encuraber NatioDal Ferest. sysiera Lands. Eagle county issessor is unsure of ownership. sl,re r Undetelmilred pendlng prolrosal EEcu.tr!'erauces: None zoEiEg: None Brr.rd5: High lnd Foderate hslard debris fio* zones, nediuD aeierityrockfal! hazard 19ng, and hlgh .hazrrd snoi., ava.l,anche zoneUqique Scsotrrc. Valu.a! ljone iCentifiedPossi.blc t(slageE.lt practicc: Convey a parcel auffl,cient to alloi.r forDeeded expansion to the lo|".n of vail or nater District Ulbrieb Proplrti.s llots 1.6. tt. !!d 211: These three lots are privately oqredand are Located lrithin the Tor.,n of ValI municilar b€,undery i'| th6 t est vaj.larea. ?h. 1o16 are ihmediatcly.. norrh o! I_zo lnd west Ef the vaif niJqe,Subdivision. sit.! Lot. l6 j.s 17.gj acres, Lot 19 is :.8.4t acres, Lot 2l ls f3.47 acresEttcruberaEces: Fgrest Service road and trail easernents ..-zoDiDg: ,,jl,lside Resj.denri.aI (nov. 17. t9g?,Serards! High and hoderate harard debris flow zones, high severityrockfall hazard zone in the southern portion o! Lot 21UEiquc Rasoqrco Values: NoDe LdentiriedPossj.ble Hr.DrgeEelt practicei If the forrn of vail acquires these parcels,then the Tovn rrould convey to the Folest Service is located north o! Lots g and 9. Parcel is locsted outEide of the \1ft ( APFROVEDNOV 2 5 $O 7. A request ror a rezoning from General use to Medium Density Multi-fam'y, ,^r{;rt"F-;p0PY lor th'e establishment oia Special Development District to allow for the developm€nl of 17 EHU's, located on an unplaited parcel on a portion of ParcelA and part of Block D' Lionsridge Filing # 1. Applicants: Eagrto River WEter & Sanitation Dktrict, the U.S. Fotest Servic€ & ih€ Town of VailPlanner: Andy Knudtsen Andy Knudtsen gave an overview oi ttre statf memo. Andy explainedthe.Zoning Analysis and siat6o tn"t the o-verall project conforrned with the proposed zoning. He stated that the sDD componenl did not proviOb a blank check, since any future.modifica-tions would have to go through Council. H'e stateO that staf{ believed that a combination of flat and pitched roofs was prefeired. He said that statf was recommending approval with two conditions' Tom Braun, representing the applicant, said the building design had been changed and all the issues had bedn addresied. Tom stated that the design guidelines allow for a variety o{ roof forms. He then said this proposal was within the realms and that there were untold benefits associated with tlat roofs. Jim Morter said that the project had to be atfordable and well designed, because it was in a neighborhood lhat was well"designed. He said that a myriad of decisions influenced the design of tfre rool tops and explained that he was not trying to be uncooperative, but the final design included flat roofs. He then said that the most important goal was to accomplish all the goals. He went on to say that canopies were added to give a level of sophistication and shadow lines. Jim said that stuico wainscdting made the building look worse by giving it a checkerboard look. He said there were two patterni of wood siding pr-ovided. Jim said il the public perceived this as a stack of boxes, then hb tou the PEC to talqe a look at Savoy Villas. He also said that Timber Ridge had sloping rools and looked worse than Savoy Villas, and gave the impression of employee housing. Greg Moffet asked for any public comment. Jim Lamont, representing the East Village Homeowner's Association, said that Joe Staufer had asked him to raise some concerns. Jim said that Joe Stauler didn't like flat roofs, but that he lelt the change in design added a flair. Jim said that Joe thought it added a Taos feel. However, it could behore exciting with stucco. Jim said he thought it stingy to say the sidewalk can't go up and around lhe site. He then asked Andy how much rental housing the Town owns' Andy Knudtsen stated that the Town owned the Town Manager's home and two other units. Jim Lamont said the biggest demand was lor rentable units. He said that the Water District could take the revenuei-and leave. lt it was public property, then the Town should meet the demand. Jim said the issue on the table was that if the units are sold, the buyer should be selected through a lottery. Jim stated that the public would not be pleased that the first two tiers ot this project would go tb ttre tOV workers, since it was on publicproperty. Jim advised use.of the lottery. Jim also ioted tfrat lhe Housing Director was involved in the regulatory proceSs..Jim said we tieeded to make it clear that the Housing Director should sit with the advocates, as the appearance was that ol a conflict of interest. Greg Moflet asked for any other public comrnent. There was none. Fhmb$d Ennironnsrtd Ommisqrqn Minuha ' . Qetoher 2B' tS96 L 1"5 ts ri Gene Uselton questioned the perpetual deed restrictions. Gene asked if the sloping roofs were added, would the snow shedding be better' Andy Knudtsen said roo{ pitches could be designed in such a way that snow shed problems cout'O Oe eliminated. As an alternative, snow guards could be added' Gene Uselton said he had a hard time guessing what this project would look like and asked il the PEc was making a recommendation to the Town council at this worksession. Greg Amsden said an SDD was not appropriate for this site. He said that staff was reffimenOing an SDD in order to timiirfrd GRFA, which was a misuse-of the SDD' He went on i"iiy init it OlO not conform and was not compatible with the surrounding neighborhood due to. if'e tfit roofs. Greg stated that affordability was not driving this project. Greg said that the wood u'Cing diO not fly with him. Greg felt that acombination of stucco and wood would be more "ppripiiate tnair toralty wooO aiO rhat he said he would like to see a lower maintenance producl' fiej tnen asked about tire landscaping. Greg also asked what the typical occupancy of the 3' bedroom unit would be' Greg Amsden thought every garage would have one car parked outside. He said that the project snoifO oe paratable-and noiditodoutOoor parking adjacent lo S-andstone Rd. He also expressed disappointinent that no one shows up at the PEC meetings to offer any input. Tom Braun stated that 30 lelters were sent out for notification to adjacent property owners earlier in the review Process. Galen Aasland suggested tabling this item. Galen felt an SDD for employee housing was wrongr but that MDMF zo-ning was needid. Galen fell it needed to be made compatible with existing neignOorhooOs. He s?iO he would like to see more wrinen inlormation about the improvements tnalcould be done in the future. He suggested capping development at a certain level. Galen said that interior improvements could woif against the long term employee housing concept' Galen would like to see a mostly stucco exteiior. Galen agreed with Jim's comment about looking at this like any other apiticant. Galen atso advised that, from the public aspect, we should"be careful about the Tdwn representing itself . Galen would like to see this item tabled. Diane Golden thought the housing should go to critical TOV employees. She also said she didn't remember the PECsaying vegetation was more important than the sidewalk. Jim Morter explained that he raised a question to the PEC at the very end of the previous worksession, ivhether landscaping or a sidewalk was more important along Red Sandstone Road. Diane Golden also stated that the PEC required a homeowner in East Vail to remove sod on Town stream tract and replace it with native grasses. Andy Knudtsen showed, according to the renderings, where the wetland mitigation was to happen, Diane Golden stated that she liked the design of Savoy Villas. She said that architects say there are benefits to flat roois and so therefore, she was nof atraid to go with the expert's opinion. She stated tnat she was thrilled to see employee housing incorporated into a neighborhood. Planning and Envirorunenial Commissioo Minutes October 28i 1996 L6 Henry pratt commended Galen on his eloquence and also agreed with Greg Amsden's point of view. Andy Knudtsen stated that the rezoning and sDD have been linked together. Henry pratt said he would rather have Council have the final word and therefore, the SDD procdss was a good one. Henry Pratt reminded everyone tlfl Yve need families here' as beasonal workels are going to be housed out at the Public Works site. Jim Morter said there were 46 parKng Spaces; 18 in garages and 28 exterior. He said 36 spaces were all that were required. Henry pratt said that assigning more parking to the 3-bedroom units would reduce guest spaces. Henri asked how were peioptdgoing io get io the bustop. He said,a liabilily issue exists with fallin!. Henry said that bonietfring neeOeO to be done to address the sidewalk, even though Henry would prefer landscaping. Greg Moffet said he had no problem with the use of the SDD process and.that this project sno[u be decided by the el6cted officials. He stated that the Town',s employee housing was going to be on puUlii property and that we require ourselves to have housing on our land,.as a firiva-te owner has a nbude on private land. Greg said that he didn't mind flat roofs' He felt, i-egarding the ramp issue, that a stairease needed to be put in. Greg said that this climate was frarsn on wood anb though it is more expensive, he wanted stucco. Greg was in favor of this project as long as further considerations were given to the exterior finish. Pat Dauphinais stated that the plan was set and not only was it well thought out, but well designeil. He said to do this within a budget where constraints were difficult. Pat said they were not iiterested in design by committee. He felt that the fisherman easement was too tight. He asked for a favorable vote to go to Council. Gene Uselton made a motion for approval with the condition that 4 spruce and 5 shrubs be added to the landscaping area along Red Sandstone Road. The motion was seconded by Diane Golden. Galen Aasland asked if adding stucco to the outside could be included in the motion. Gene Uselton said they have not violated code and would not amend his motion. Greg Moffet asked for any further discussion. The motion passed by a vote of 4-2, with Greg Amsden and Galen Aasland voting against it. 8. A discussion item regarding vehicle storage/transportation related businesses in commercial zone districts. Planner: Dominic Mauriello Dominic Mauriello gave an overview of the memo, asking the PEC lor ideas on how to treat this and also to give infut on when does it become an industrial use. He said however, that this was a use that w?s ne6Oed. He said that Tim Ewals of Airport Shuttle, had concerns he wanted the PEC to consider. Planning and EnvirunmenEl Commi$sion Minuies October 28, 1996 t7 Henry pratt said lhat the west Vail Lodge used to have a car renlal service. He said that this .. should be a service on mL iite, since tfre parking lot at the Inn at West Vail has never been full' Greg Motfet stated that he had a potential conflict, since several airport shuttle customers were customers ol his. Mike Mollica sfated that there may be surplus spaces on the West Vail LOdge site.' .He also.said there were complaints {rom the n6ignUors regaiOing the vans and U-Hauls parked there in the past. Gene uselton asked if this was a linancial asset for the west Vail Lodge. Henry pratt said 2 vans were too restrictive and 10 wele too much. Henry asked if the West Day Lot was an option. Mike Mollica suggested anything beyond 2 vans would lrigger a conditional use. Greg Moffet said the transportation businesses used to have oflices in the Village Transportation Cenier. He asked if it was a good practice for us to require them to rent office space within ihe Town, in order to park vans here. Mike Mollica said the Town was not hung up on office use, only the compatibility issues. Henry pratt said he didn't have a problem with a conditional use. He said the revenue may not be worth the bad publicity. Galen Aasland agreed that 10 vans were too many and 2 too few. Diane Golden agreed. Gene Uselton asked if the vans could park at the Public Works site. Mike Mollica said that space there is limited. Henry Pratt reminded everyone to encourage this use, but with control. The PEC dilected staff to prepare a proposalto bring back in the future. 9. A request for a conditional use permit for a proposed addition to the Vail Chapel, located at 19 Vail Road/Tract J, Block 7, Vail Village 1st Filing. Applicant: Vail Religious Foundation, represented by Ned Gwathmey Planner: Dominic Mauriello TABLED UNTIL NOVEMBER 11, 1996 Planning and Environmental Commtssion Minutes Ocrober 28, l996 1,8 ( 10. A request lor a major SDD amendmenl to allow for a modification to Savoy Vitlas' of SDD #s, ldcated at r zsilionsridge Loop/Savoy Villas, Phase ll and lll. The site is generally located east of timber nidg6 Apariments, west of simba Run, north of the North Frontage Road and south ;| Lidnsridge Loop. A full legal description is available in the Community Development Department. Applicant: BWAB, Inc., represented by Chris Klein Pianner: Dominic Mauriello TABLED UNTIL NOVEMBER 11, 1996 1'1 . A request for a major exterior alteration in the CCll zone district, to add common area' located at 710 West Lionshead circle/Part of Lot 1, Block 2, Vail Lionshead 3rd Filing. Applicant: Vail Spa Condominium Association Planner: Dirk Mason WITHDBAWN 12. A request for a sign variance to allow for a window sign greater than 25 leet above grade and tb allow 0.94iquare leet of sign area beyond what is qllgy_gg, located at Crossroads Shopping Center, t4g e. UeaOow Drive/Lot R, Block 5D, Vail Village 1st' Applicant: Linda FriedPlanner: Dirk Mason WITHDBAWN 13. A request for a residential addition to allow for the addition of tvvo gas f ireplaces, utilizing tne Z'SO Ordinance, located at 332 Beaver Dam Circle/Lot 6, Block 3, Vail Village 3rd Filing. Applicant; Bruce and Marcy BensonPlanner: Dirk Mason wlrHDRAwN ilttttttttt 14. InformationUpdate: . Vail Tomorrow - see letter in packet. 15. Approval of October 14, 1999 minutes Greg Amsden made a motion lor approval of the minutes. Galen Aasland had changes on the back page. Gene Uselton seconded the motion. The vote was 5-0-1., with Diane abstaining, as she was not present at that meeting. Greg Amsden made a motion to table items # 9 and 10, until the November 11, 1996 meeting' Planning and Environmenlal Commission Mi0ute6 O€tober 28, 1996 19 >l Diane Golden seconded the motion. It passed unanimously by a vote of 6-0, Gene Uselton made a motion to adiourn the meeting. Greg Amsden seconded the motion. It passed unanimously by a vote of 6-0. The meeting adjourned at 7:25Pm. Planning and Environmental Commission Minutes October 28, l996 ZU a .-. /-"/. f/*.1*-^rrr 75 South Frontage Road Vail, Colorado 81657 970-479-2tm FAX97A-479-2157 MEDIA ADVISORY November 20, 1996 Contact: SuzanneSilverthorn,4T9-2115 Community Information Office VAIL TOWN COUNCIL HIGHLIGHTS FOR NOVEMBER 19 Work Session Briefs Council members present: Armour, Foley, Ford, Johnston*, Kurz, Navas* "Attended site visit only --Site VisiVCampisi PEC Appeal The Councilvisited a Potato Patch site at742-8 Sandy Lane/Unit B in preparation tor an appeal to be heard at the evening meeting. However, the matter was continued to Dec. 17 at the request of the appellants. Charles and Geri Campisi are appealing a variance denial made by the Planning and Environmental Commission to allow an additional one-car garage. For more information, contact Dominic Mauriello in the Community Development Department at 479-21 48. --Site VisiURed Sandstone In preparation for the evening meeting, the council vished the site proposed for 17 affordable housing units by the Eagle River Water and Sanitation District in partnership with the Town of Vail. Please see evening meeting briefs for details. --lnformation Update Town Manager Bob Mclaurin invited Council members to attend an open house on Dec. 6 to mark the town's 30th anniversary of incorporation and to celebrate the reopening of the Transportation Center. A ribbon cufiing will lake place at 1 p.m. at the Transportation Center. Mayor Bob Armour will assist. Also, Mclaurin reminded Council members of the Turn lt Up party scheduled for later in the evening. Other announcements from McLaurin included: an update on committee planning for the gg World Alpine Ski Championships;an update on the Transportation Center remodel, which will be completed on Dec. 2; and an update on loading and delivery discussions, which will be rescheduled for Council consideration in the coming weeks. --Council Reports Kevin Foley, who represents the Council on Arts In Public Places, said the board is moving forward with its call for artists to solicit plans for Seibert Circle. He said the board is aware of the council's concern for emergency vehicle access, a point (more) {po*r^o* o TOV Highlights/Add 1 reinforced earlier this year with the Wall Street Building fire. Also, Foley provided an update on the Eagle County Regional Transportation Authority and the Trails Committee. A recommendation by the Committee to authorize $250,000 in transpoftation sales tax money to complete the Dowd Junction recreational path has been approved by the authority, Foley said. The Colorado Department of Transportation plans to widen Highway 6 next year with 8 ft. shoulders on each side of the road to improve the linkage between Vailand Eagle-Vail, he said. Rob Ford and Bob Armour reported on the latest meeting of the TOV-VA Community Task Force. The meeting included an update on mountain improvements, the upcoming holiday management plan and VailTomorrow. -Other Kevin Foley expressed concern about the town's handling of overflow cars along the Frontage Road this past weekend. Foley said he received complaints about the matter and was concerned that some of the cars were ticketed. Town Manager Bob Mclaurin said the town wasn't as prepared as it could have been and was working on improvements, including better signage. Joe Macy, representing Vail Associates, encouraged the town to prepare for additional crowds this coming weekend and during Thanksgiving weekend. Bob Armour echoed Foley's concerns, saying last webkend's experience was not the kind of image Vail needs. Town Attorney Tom Moorhead indicated the amplified sound issue would be coming back to the Town Council for review and possible modification in February. In the meantime, he said lhe lown clerk will continue to process new applications for permits until the matter is resolved. The issue has been controversial in the past due to nuisance complaints against some of the permit-holders by surrounding neighbors and businesses. For more information, contact Moorhead al479-2107. Evening Session Brlefs Councilmembers present: Armour, Foley, Ford, Johnston, Kurz, Navas --Citizen Participation Scotty McGowan appeared before the Council and expressed concerns about vicious dogs in town. He suggested the need to educate newcomers about Vail's leash laws in the commercial core areas. Next, Sheika Gramshammer of the Gasthof Gramshammer Lodge, addressed the Council about noise problems in the Village core. In particular, Gramshammer said the 7 a.m. start lor trash removal in the core is too noisy for sleeping guests. As a result, she said, it is becoming more difficult to run a hotel in the heart of Vail. Gramshammer said she would rather see trash removal begin at 8 a.m., noting that pedestrians and trash trucks should be able to co-exist. Also speaking was Joe Staufer of the Vail Village lnn, who supported Gramshammer's concerns. Because zoning in Vail's commercialcore advocates a mixed-use, Staufer (more) TOV Highlights/Add 2 said it has to be "liveable". On another matter, Staufer asked the Gouncil to consider his views during discussion of the Red Sandstone affordable housing project, which was heard later in the evening. Referring to the town's portion of the proposed 17-unit development, Staufer said it would be a mistake to put public land in private ownership. Instead, Staufer advocated keeping the town's units in a rental pool rather than selling them. He said the action would create a bad precedent for the future. In addition, Slaufer said he and others did not appreciate the architecture of the project. Also appearing before the Councilwas Peter Franke, an employee of the Gasthot Gramshammer, who also complained about the trash delivery issue. Franke suggested eliminating the back-up beepers on the trucks and shutting otf the diesel engines on delivery trucks to help reduce noise. He also agreed that pedestrians and trash trucks can co-exist with an I a.m. trash removal schedule. ln addition, Franke asked that Checkpoint Charlie be staffed at night to control vehicular movement in and out of the Village. Next to speak was Roy Parsons of BFl. Parsons said he was sympathetic to the concerns expressed by Gramshammer. However, he said safety is the company's number-one issue. Parsons said the solution isn't an I a.m. adjustment, but rather placement of a compactor to limit the number of times a trash truck is needed to travel in the core. He said BFI was willing to work with the town and its customers to find a solution. Jim Lamont of the East Village Homeowners Association said he agreed with all concerns expressed during citizen participation. He said he remained confident that short and long-term solutions to the loading and delivery problems could be reached. He also described it as a community-wide problem, not a neighborhood problem, because of the economic impacts produced by businesses in the core. -Gonsent Agenda The Councilvoted 6-0 to approve two ordinances on the consent agenda: one to amend the Vail Gateway Building Special Development District and another to designate 14 properties located in the Town of Vail in a special open space classification authorized by a charter amendment approved by voters last November. --1997-98 Town of Vail Budget The Council voted 6-0 on first reading to adopt the 1997 budget and to approve the 1998 budget. During discussion, Bob Armour and Sybill Navas said they wanted to look at the possibility of adding a firefighter position before the ordinance comes up for second reading. With no increases in staff since 1982, Fire Chief Dick Duran has said the safety of his firefighters is being compromised due to multiple alarms and reduced availability of off-duty personnel. Town Manager Bob Mclaurin said he would generate the cost of the position for review at the Nov. 26 work session. Although the budget calls for elimination of 7.5 full-time equivalent positions (through aitrition and/or reassignment), Mclaurin said additional community safety officers will likely be needed once a new loading and delivery plan is adopted. For more information, conlact Mclaurin al479-2105.(more) TOV Highlights/Add 3 -Red Sandstone/Rezoning, Special Development District The Council voted 6-0 on first reading to approve an ordinance to rezone the property at 845 Red Sandstone Road from general use district to medium density multi-family. The zoning change is needed to move forward with a proposal initiated by the Eagle River Water and Sanitation District in partnership with the Town of Vail and U.S. Forest Service for a 17-unit afiordable housing development. The water district owns lhree- quarters of the property, while the Forest Service currently owns one-guarter of the land. The town and Forest Service are currently in negoliations to transfer its portion to the town as pafi of the Land Ownership Adjustment Agreement (LOAA). The transfer is expected to be completed in February. Also last night, the Councilvoted 5-1 (Johnston against) to approve a Special Development District (SDD) for the project. The SDD clarifies the development intentions for the property, requiring the specific design to be provided simullaneously with the request for a change in zoning. During an overview, Andy Knudtsen, the town's senior housing policy planner, noted the density for the proposed development is well within the range of surrounding densities, and that neighbors were generally supportive of the project. He also referred to the Council's decision on Nov. 12 that all five of the town-controlled units would be sold to TOV employees (three for critical life-saving and two for non-critical employees). During discussion, Jim Lamont of the East Village Homeowners Association asked the Council to use the SDD process to enable equal access for the housing units by the general public. He suggested the water district receive one{hird of the units, the Town of Vail one-lhird, and the remaining third be available to the general public through a lottery similar to Vail Commons. Lamonl said the split would address public policy concerns that stem from what he called the conversion of open space and lhe use of public lands for housing. In response, Pat Dauphinais, board member of the water district, said his board would be interested in pursuing a public lottery for any excess units once the board determines the number of units it will need. At this time, it is anticipaled that all 17 of the units will be deed restricted with standards similar to Vail Commons deed restrictions. There is a provision that would allow for 25 percent of the units to be sold as "free market" units to reduce the cost of the affordable housing, although the applicants do not anticipate needing the subsidy. Additional provisions of the deed restriction which exceed the Vail Commons standards will allow the water district and the town to retain control of the units on a resale basis via reciprocal first and second rights of refusal. Paul Johnston voled against the SDD ordinance due to concerns about the project's architectural design, specifically the flat roofs. For additional details, contact Andy Knudtsen in the Community Development Department at479-2M0. -Campisi Appeal of Planning and Environment Commission Decision At the request of the appellants, the Council voted 6-0 to table the matter to the Dec. 17 evening meeting. --Other Kevin Foley announced the Eagle County Regional Transportation Authority has voted to authorize $250,000 in transportation sales tax funds to help bomplete the Dowd Junction recreational path. Foley said approval was based on a recommended by the Trails Committee, which reviews requests for matching funds. (more) TOV Highlights/Add 4 UPCOMING DISCUSSION TOPICS November 26 Work Session PEC/DRB Review GRFA Discussion December 3 Work Session Site Visit and Discussion of Ordinance 18, Savoy Villas Discussion of Supplemental Appropriations Motion to Modify Debris Flows on Bald Mountain Road Discussion of Ordinance Amending Section 18.22.030 Vail Commons Open House December 3 Evening Meeting First Reading Ordinance 18, Savoy Villas SDD First Reading Ordinance 22, Amendment to Section 18.22.030 First Readin g Ordinance, Supplemental Appropriations Second Reading Ordinance 23, Budget Second Reading Ordinance 20 &24, Red Sandstone SDD and Rezoning Resolution 21, Norwest Presentation of Investment Report December 10 Work Session PEC/DRB Review Community Collaboration Follow-up to Support TOV Critical Goals Council Executive Session f, , $OLUTIONS, Ltd. U}$,O"S; haer,{qiqgr ytri,.of T.Szsqtrare mil*. EE fto* rhc ' P"a,+.r+ryne1.tls.annurt dqil.yt@z:icb(Ieble,r)., .. oqihi.et sidircif dre ei'id drc..line.of Thumb tack put under Vail government's derriere Jim Lamont's the guy, and housing's the story I Tlmes Staff lteport Jim larnong executive director of the East Vill€ge Homeowners Associatioa hasqut a thumb tack under the coileitive derriere of \hil town governnent ^ ,Hes u.pset with ttre town's plaru for the Keo Dandstone_-housing project, a l7-unit couaDoraEve ettort berhreen town govern- ment and the water districl As a r6uh ofthe letter he regently sent to ttre town, thecoutcrl tras poclpmd fml eg*rn on tbe housing cooplex rrntil Dec 17. . Lamo has a trio of obftctions, andthey're grouded in the idea [ff sihA thjs{ nublic land along ned Sandsrone noad, IIrq rwo gover,nments should put out dlittle more for the public. More slecifically, ne says: f) Al of ihe units should be used forgmployees. The town and the waterdistrict want to sell 25 percent of the units on. the .ftee g.arket, allowing resales tospiral in Vail's fast-rising ieal estate mar. ket. In selling these units-, say the townand water district, costs of othei units canbe.subsidizcd. But lamont argues that allunits should be deed-restrictid, meaninsthat they will all be available'to fuiuiE emp^loy_ees without the terrific markups. . , 2) OnlJ -emergency response pers'onnel wno -wofl( tor the rown or water districtshould be able to rent, lease, or purchase the housilg units earmarked for ihe town and water district. L,amont contends that since the land was rezoned because of thedin n*-a o have key personnel living east oJ Dg!".d 4m$ion, thtn those pen6nnel should be the key ones needed wien rapid r_esponse is necessary In other words, -he dossn't believe that people like finance officers should be considered kev oerson- nel wten it comes to employee hduiing.3) All other units noi allocatei to rapid-recponse personnel should be reile4 leased, or sold to vall,ey residents. Herecomoends a lottery system similar tothat adopted for Vhil Comnons. Thattottery system assigned extra elisibiliry polnts to people for time lived or worked-, or both, within tvlril proper. Lamont's -qleslions and points were strong enough that the coundil agreed to postpone action. Councilman paul Johns- ton, the most skeptical of t\e seven council members regarding the Red Sandstone projecg had additional questions. _ In other gmplgyee housing news, theTown of Vail will soon be iolicitinq a design team to look at its public work site. Preliminary plans call foi between 12 and 35 units_ ar the site, in the bus garage area nofth of Interstate 70. Units would 5e usedfor seasonal employees, and would have 450 to 550 square feet - Those units are intended to help sectre the services of bus drivers, for exaniple. Memorandum TO: Town Council FROM: Andy Knudtsen, Senior Housing Policy Planner Susan Connelly, Community Development Director DATE: November 19.1996 SUBJECT: Summary of issues concerning the Red Sandstone Employee Housing development Three Kcy Decision Points I. ls the proposed zone district appropriate?* Compatible with surrounding densities?* Consistent with Land Use Plan?* Neighborhood opposition at PEC?* Meets rezoning criteria, as discussed in staffmemo? II. Is the requested Special Development District appropriate?* Achieves purpose of an SDD, i.e. flexibility and documentation?* Proposed development falls below allowd maximums of the Mediurn Dgnsity Multi-Family zoae district?* SDD documents the details of the future development now, prior to approval of the "up-zoning" -- provides certainty? III. How important are the architectural details, relative to achievement of the objective of locals housing?* The two Planning commission members who voted against the project did so based on concems about the architecture. not based on the overall merits of the project. One person attended the PEC meeting to express concern about the project, but primarily focuscd on policy issues, not architectural elements. Already decided L On November 12, l996,the Council concluded that the 5 units which the Town contols will be sold to employees who work for the Town-- three critical and two non-critical employees. F :fl eryon€Vrndy\96-merrosvedsatrd.trl 9 TO: FROM: DATE: SUBJECT: MEMORANDTJM Planning and Environmental Commission Community Development Deparfineut October 28, 1996 A request for a rezoning from General Use to Medium Densrty Multi-family, and a request fol the establishmeut of a Special Development Distict to allow for the developrnent of l7 EHU's, located on an unplatted parcel on a portion of Parcel A and part of Block D, Lionsridge Filing # l. Applicants: Eagle River Water and Sanitation District, the United States Forest Service and the Town of Vail Planner: Andy Knudtsen I. DESCRJPTIONOFTHERDOUESTS The property, located at 845 Red Sandstone Road, is under consideration for a rezoning and a Special Development District. The current zoning is Gcnsal Use District. The poposed zoning is Medium Density Multi-Farnily (MDMF). The new zoning would increase the development potential, as the existing zoning limits the uses to public tlpes of uses. Tbe ap'plicants inchde the Eagle River Water and Sanitation District (the Dishict)t the United States Forest Service and the Town of Vail. The District owns approximately three-quartcrs of the land area under considcration. The Forsst Service currently owns one-quarter ofthe land area. The Town and Forest Servicc are currently in ncgotiations to transfer their portion to the Town, as part of the Land Orvnership Adjustment Agreement (LOAA). The site is cunently vacant, as the former water treaftnent and storage plant has been removed recently. lf the request is approved, the applicants will consfuct seventeen condominiums. The dwelling units will be located in four buildings, located along the Red Saudstone Creek. There will be 7 oae-bedroorn, 5 two-bed'room, and 5 three$edroom dwelling units. Each dwelling unit will have its own one-car garage, with the exceptiou of one three-bedroom unit, which will have a two-car garage. The primary reason the applicants are proposing an SDD at this time is to provide a detaileal recsrd of th€ futufe danelopment potcntial, whieh will eliminate questims about future developmeirt potential of the prope4y. The SDD is a helpful tool to obtain answers to questions about the potential development impacts from the rezoning of the property. In addition to that primary purpose, there is one deviation fromthe Zoning Code, which would eitherrequire a variance or be allowed via the SDD approval. F:!wryoocvlc\lrdrod.udnaso2S I Thc applicant is proposing a 4-foot high retaining wall between thc edge of Red Sandstone Road and the interior driveway. Due to the fact that this area is located in the front setback, the Town Zoning Code limits the height to three feet. The wall exceeds that allowable hcight by I foot and this is a deviation from the codc. Upon completion of the LOAA, the Town will have title to the northern-most portion of the development site. The Town and the Disrict will hold the land rmtil a Homeowner's Association , (HOA) cau be created. Upon establishment of an HOA, the Town and the District will transfer ,p"! o*nership of all the land to the Association. There is no developer profit anticipated for the U"N" , project. The sales price of the condomiuiums will be based on the cost of construction. In tho ;-.) development agreement between the Disrict and the Town, there is an allowance forup to25%7X 1 of the units to be sold as free-market dwelling uoits (i.e. no deed restictions). The purpose for ^ *., this is to defray the costs and lower the purchase price for the future homeowners. At this time, it 9 rtt" is anticipated that 100% of the uoits will be deed restricted. The deed restriction will be similarto' that used for Vail Comrnons, which restricts the sale to local employees. . ,*f h-' After construction, it is anticipated tbat most of the homes will be owner occupied. The Town h and the Disrict will make the homes available to their employees. While the Town anticipates .l h1 selling the dwelling units to its employees, the District will both sell and retain owuership of someut of its units to rent to its employees. More discussion of the proposed unit ownership will be provided later in the memo. F:\.r,rDoncFc\rEr6b!d*o!.n28 II. ZONING ANALYSIS Staffhas provided a Zoning Analysis of the proposed project, as it compares to the MDMF standards: Znn;ng: Proposed Zoning: Lot Size: Buildablc lot area: Dcnsity Heighr: GRFA: Setbacks: Front: Sid€/Side Rear: Site Coverage: L,andscaping: Parking: Percent cnclosed: 20' 20' ?0' 20' 20' 20' 31,449sq. ft. 12,029sq. ft. or 45Vo or l7o/o Reoulrcd Prooosed 20,966 sq. fl. ]6,450 q. ft. or 3V/o or 52o/o 34 spaces 44 spaces rcquired pmposed S$/oof 53% encloced required parkiug (17) (r8) General Use Disaict (GU) Medium-Density/1\rtulriple Family (MDMF) w/ spccial Dwclopment District (sDD) 1.60 acres or 69,887.66 sq. fr. 54, 140 sq. ft. Allowed/MDMF Propose{ 22 d.u.s l7 d,us 35' 35' l8,aa9 sq. ft. l6J?5 eq. ft. uI. Below are the list of questions raised at the previous PEC worksession. Staffhas grcuped thern into categories ofgeneral issues and specific items relating to the project. l. Is the SDD the appropriate tool to use for the review of this proposal? Staffbelieves that the SDD is the most appropriate process to use in this case, because it requires the specific desip to be provided simultaneously with the request for a cbange in zoning. For clarificatioq the proposed development densities fall below those allowed under the MDIVIF zoning. Thc proposed lcvels of dcnsity will becomc the new cap and any futurc request for expansions will trigger a major SDD amcndmcnt. A major SDD amendment must bc approved by Town Council with two readings, after a recommendation by PEC. Though the SDD process allows requcsts which exceed the limits of the underlying zoning, thc standards are referenced and used as a "yard stick" to ensure that proposals are consistent with srurounding properties. Furthermore, the process is such that interested parties and adjacent property owners will have ample opportunity to give iuput on the requests. 2. trs affordablehoustng an appropriate useofthe land? Is it appropriate to tansferland from the United States Forest Service to the Town of Vail for affordable housing? The Land Ownership Adjustnent Agreement (LOAA) provides for a comprehensive transfer of land between the Town of Vail and the Forest Service. Land on the perimeter of the Town overlaps into the jurisdiction of both entities. The LOAA is an effort to exchange different properties between the two entities to create a win-win situation. As part of this effort, several parameters were laid out for the use of tle lands under considsration. Some of these include: That there will be no National Forest Service lands within the municipal limits of the Towu of Vail. 2. That the Forest Service survey, identi$r, and maintain a common boundary of the Town of vail and the Forest Service and that both agencies share in the enforcemcnt ofregulations pertaining to the boundaries. The boundary has becn simplificd whcre.possible, irregularities have becn reduced or eliminated. 3 ' That all lands acquired by the Town of Vail are used for public purposes, such.as open space, employee housing (perthe Town of Vail ernployee housing ordinance), recreation or for the resolution ofunauthorized uses." TheLOAAwasapprovedbythe TownCouncilonMay 17,lgg4. Staffreliesonitasthe most authoritative document concerning the transfer of land from the Forest Service to the Town of Jlif rne third paragraph above clearly calls for employee housing as a recornmended use for LOAA parcels, such as the one under consideration. 3' Should the developmeut be targeted for the rental market or the ownership market? Staffhas identified tbree sectors of the residential market, which the Toum is trying to serve based on needs of the community: the permanent residenl the year-round reuter, and the seasonal renter. The size, scale, and location of this site lends itself best to the permanent resident looking "l. pwchase a homc. Onc of thc conccrns is that the "affiordabiliry" could be lost, after the fiust sale. A deed restriction. similar to that used with the Vail Commons development, will also bc used with this development and thc restriction will limit the resale value to an appreciation of three pcrcent per year. ln addition to the three percent per year which individuals can realize at time of resale, other costs can be added to the resalc price. For example, if the Homeowter's Association assesses eacb unit owner for reroofing, residing. additional landscaping, paving, etc., one hundred percent ofthe assessrnent can be added to the resale price, allowing the owner to recoup costs attributed to maintenance. The deed restrictions have besn u,ritten in such a way to preserve the affordable purchase price, while allowing residents to invest in the upkecp of their homes. The deed restrictions run in perpetuity, eliminating any risk of losing the initial subsidy to a future homeowner. 4. Should the dwelling units be made available to the residents throughout the community? Yes, staffbelieves that all residents should bc able to participate in a lottery according to criteria which reflects the needs of the community. Staffrecommends that there be three tiers: . Critical employees working for the TownlDistrict (to be determined by each organization);. Other employees working for the TownlDistrict (to be allocated as determined by each organization); and. Other community residents/employees (to bc allocated by Towa of Vail / District). In rcsponse to the point made about Town employees having an unfair advantage over other community residents, there are two issues to consider: the Town provides a seruice to the community and staffing the Town enables the delivery of services to tlte commudty. It is not an us/them issue, we are in this together. Secondly, the Town and District are trying to lead by example by creating affordable housing for their employees, to encourage other employers to do the samc. 5, Itrow can the Town and District ensure that the units are used by employees of the Town and District in the future? Staffbelieves it is primarily an issue of priority- we would like to see critical ernployees of the two organizatious housed as the top priority. With that goal in mind, the Towu and Distict will establish reciprocal lst and 2nd rights of refusal for all 17 dwelling units in the development. This will allow the employees at the top of the lottery criteria list to be housed. However, if other employees own the units, we have still accomplished the goal of providing employee housing. As indicated in the lottery criteria list, otherresidents of the community will have an opportmity to buy homes in this development, if the supply is not exhausted by employees in the higher priority categories. Staffbelieves it would be heavy-handed to require a sale and then evict a local uihp chooses to work for a different employer iu the valley. Regardless of anployment location, the deed resrictions require that residents work an aver:igeof 30 hours per week at businesses which are located in Eagle Cormty. 6. What has been the precedent for roads which cross private property? Staff researohed two other properties where this situation has occurred. At the tirnc of redevelopment, the Town required easements to accommodate the existing alignmcnt of thc pavement, but did not require dedicatiou of that portion of the site as right-of-way, As the land continued to be held as private properfy, the Town allowed the area in the easement to be used in the calculation of GRFA and other development standards. This is also consistent with the way the Town treats other easements (such as utility and drainage easements), concerning the calculation of developrnent standards. Specific items relating to the development proposal. l. Insure that any wetlands to be disturbed are mitigated adequately. After walking the site with Russ Forrest, the Town Enviroumental Planner and Nicole Ripley, a wetland consultant, staff understands that the Corps of Engineers must be notified of theictivity on-site. The consultant will assess the wetland qualities of the site, review the development plans, and determine the potential area of disturbance to jurisdictional wetlands. The consultant has recommended that an area equivalent to that of the disturbance be replalted on the north and south ends of the site, as mitigation for areas being impacted. The applicant understands that the northem and southern ends of the site must be planted with nursery grown stock, matching the willow species currently on-site. The specific area of revegetation has yet to be determined, but will be determined prior to the first reading of thc ordinance by Town Council, Neither the consultant or the Town's environmental planner believe that the characteristics of the site, or the magnitude of the proposed development, will warrant other mitigation requirements than those described above. 2.Architecture In the discussions about the architechre at the previous PEC worksession, the pEC and DRB members were roughly split as to the appropriateness of flat roofs. Afterreviewing the colored renderings, the Board members had a greater appreqiation for the quality of the prJposed development, specifically tbe amount of variety within the massing, or as descriUeO intUe hearing, the "wedding cake effect." Staffbelieves that from the range of comments on the flat roofs, the best analysis of thern is summarized as follows: flat roofs can be the most efficient and are appreciated by design professionals. Designs which incorporate flat roofs can be very high quality (and in fact are better than the design of Vail Commons). However, the public witt not appieciatl the good architechue and will perceive the project as a stack of boxes. furthe.-ore, thii-image will convey' public housing." The applicable criteria in thc Zoning Code is found in the Design Review Section and thc SDD qiteria. The SDD calls for compatibility with the surrounding properties. In this case, thc surrounding properties have eithcr pitched roofs or a combination of flat with shed roofs' The DRB criteria are morc specific and state that: . The majority of roof forms within Vait are gable roofs with a pitch of at least four feet in twelve feet. However, other roof forrns are allowed. Consideration of environmental and climatic determinants such as snow shedding, drainage, and solar exposure should be integral to the roofdesign. ' Deep eaves, overhangs, canopies, and other building features that provide shelter from the elements are encouraged. ' The guidelines also call for snow shedding to be minimized in pedestrian areas. It should also be noted that although flat roofs may be appreciated for their simplicity, flat roofs are an often cited attribute of Liooshead which the community is bling to move away from. Another issue raised by the PEC was the need to break-up the siding material with areas of stucco. Both the flat roof issue and the stucco issue have not been addressed since the prcvious PEC/DRB worksession. 3. Consolidate curb cuts. The project has been re-engineered so that both Brooktree, Sandstone Park and the proposed project are scrved by one curbcut. The applicants arc willing to provide permanent access easements for the neighboring developments. 4. Add a staircase to the north end of the site to access the Town of Vail bus stop. The applicant has been concemed that providing a staircase from the development to the bus stop across the steet could be seen as a discriminatory act, against disabled individuals. Staffhas researched the issue with the Town attomey, as well as with Vail Associates staff who deal with ADA issues regularly. Since the elevation difference at this coruer of the site is approximate$ 16 feet, a ramp connecting the development to the upper road would be over 200 feet long. Given the tough requirements of the topography and the law, a connection at this locatio,n cannot be provided. , 5. Add landscaping along Red Sandstone Road. The Town has a sightdistance standard for intersections between driveways and roads, such as Red Sandstone Road. The area falling within a fiangle of l0 feet by 250 feet must remain free of vegetation which could block the sight of oncorning traffic. Notrvithsanding this requiremenl staffbelieves that additional landscaping must be planted along Red Sandstone Road. Previously, there were 8 spruce and 8 shrubs in this area. Since the worksession. the applicant has addcd plant material so that there is now a total of 13 spruce, 3 cottonwoods and 8 shrubs in the area. However , staffbelieves that additional buffering is needed, Staffrecommends adding 4 spruce and 5 shrubs in the area that extends south from the largest group of laodscaping. The applicant has agreed to plant this area, as long as the finished grade is such that laadscaping can be planted in the area. 6. Provide a sidewalk along Red sandstone Road. There is not sufficient room, given the retaining required, for a sidewalk. At the end of the worksession on September 9.' 1996, the PEC concluded that given the site constraints, additional landscaping was a higher priority than a sidewalk. 7. Provide a strearnwalk. After studying the site, staff believes that the connection from a potential streamwalk to the road above is not workable. As discussed above, the elevation difference at the base ofthe upper road is significantly higher than the stream. Given the relatively short length of walkway atd the steep climb required around the creek culverts, a streamwalk does not appear to be a compone,lrtthat= could readily be included in the development. A compromise solution may be to have the applicant provide a pedesbianlfishermanns easeme.nt along the creek. This would allow creek access, without requiring a walkway to be constructed that would not be workable. 8. Provide additional snow storags. The snow storage areas are now 30% of the total pavement area. Staffbelieves the increase in this area, which has been made since the worksession, adequately provides for storage areas. 9, Parking for the three bedroom units. Increasiug the size ofthe garages for the three bedroom units would require a redesign ofthe whole project. However, in order to address the concerns of the pEC and to ensure that the three bedroom units are adequately served, the applicaut has suggested that a guest space be reserved for each three bedroom unit. 10. Pedeshian access from within the garages. Pedeshian doors have been added to the garages which have some portion of exterior wall. In several cases, the way the buildings have been notched, providedjust enough ofan exterior wall e to include a door. Howevcr, one garage in each building does not have adequatc exterior cxposure to add a Pedcstrian door. 1 l. Overhead utilities. The applicant has committed to removing the existing overhead utilities. For clarification porpor"r, staff understands that the existing two poles oo site will be removed and the existing r"*i"r will terminate at the pole located immediately north of the Sandstone Park building' 12.Details. The dumpster will be enclosed, to improve the quatity of the entrance area of the development. The sod areas between the buildings have been expanded, to provide additional turfarea for the residents to use. The sod will be easier to maintain than "native vegetation,'n particularly since the new areas between the buildings will connect the sod from the front and back- IV. EVALUATIONOFTHEREZONINGREQUSf;T The criteria, the Town has used in the past, to evaluate rezoning requests are listed below: A. Is the request in conformity with the Land Ure Plan? The Town of Vail Land Use Plan designates these parcels as Medium Density Residential (MDR), which Fanslates to a densip of 3 - 14 dwelli-ng uits per buildable acre. Page 32 of the Land Use Plan calls for the following type of developments in arcas with this designation: "The medium density residential category includes housing which would typically be designcd as attached units with comrnons walls. Deasities in this category would range from 3 to 14 dwelling units per buildable acre." The buildable area of the combined sites is 1.24 acres. As the proposed pment will consist of 17 dwelling units, the resulting density will be 13.71 .' which is less than what ttre Land Use Plan prescribes. Please note that 6'alculation is based on buildable site area" noJ total site area. Additionally, the requested zoning of Medium Density Multi-Family Residential allows for up to l8 dwelling units per buildable acre. B. Have circumstances changed since the original zouing was placed on the property? The District has used the facility iu the past for water treatment and storage. It is no longer needed by the Distict. The site is surrounded by rights-of-way and roads, utilities, infrastructurq and residential condominium aud townhouse developments. Staffbelieves that because the area has developed over time as a residential neighborhood, that it is reasonable to rczone this site to allow residential developmenl in order to be compatible with adjacent land uses. o c.Does the proposed zoning providc for the growth of an orderly and viabl'c community? Staffbelieves that the development of this site as affordable housing will increase the viability of our community. Affordable housing has been listed in the Town's annual community survey as a top priority, for reasons of economic stability as well as the desire to increase the sense of community. Though ioterest nms high, locating sites which can accommodate affordable housing is difficult. Housing at this location addresses the priorities of the community and enhances the viability of the Town. Does the proposed zoning present a convenienl wolkable relationship among laad uses consistent with municipal objectives? The land uses on the surrounding properties are similar to the uses of the proposed development. The appticant has preparrd an analysis of the densities of the surrounding properties, which is shown below: D. Pro-iect Potato Patch Club Sandqtone Park Brooktree Conon wood Park Aspen trce Sandstone Creek Club Sun Vail Brcakaway West Snowlion/SnowFox Telemark Homestahc Lionsmanc Vail Village 9th Parcel A Zono DistrioV Permitted Dcnsitv RC, 6/tc LDMF, 9iac MDMF, l8/ac LDMF, 9/ac MDMF, l8/ac LDMF, 9/ac MDMF; t8/ac MDMF, l8/ac MDMF, l8/ac MDMF, l8/ac MDMF, l8/ap MDMF, l8/ac 2-Family General Use t l0 acres 44 1.54 16 1.23 acres 48 .59 acres 7 .49 acres 15 5.9 acres 84 4.91 acres 60 1.87 acres 54 1.36 acres 42 .95 acres l8 1.36 acres 66 1.04 acres 37 3.39 acres 24 (potential) 5.7 acres 0 Units Gross Dcnsitv. (du/ac) 4.4 10.3 22.0 t0.r 30.6 t4.2 t2.2 28.8 30.8 18.7 48.5 35.5 7.0 0 Parcel Size E. Tj gtgr: drysity of the proposed development is 10.6 dwelling units per acre. (1 7 unitsi I .6044 gross acres = 10.6 d'/ac) As such, it is well within ihe range of the densities in the area. Suitability of the proposed zoning, staff believes that the proposed zoning is suitable for this site. The development allowed by the rezoning will allow the commrmity to move towards its goats regarding the supply of affordably priced homes. The development will be in line with surrounding projects, concerniug uses and density. l0 v. A. Below are the nine criteria used to evaluate Special Development District propoSals: Design cornpatibility and sensitivity to the immediate euvironment, neighborftood and adjacent properties, relative to tbe architectural design, scale, bulk, building height, buffer zones, identity, charactor, visual integrify and orientation . n_Je u/17 Staffbelieves that the architectural scale, bulk and building height are all ,LArt-R- successful. However, staffis concerned about the identity and the character of t[4, '.- project. Specifically,staffisconcemedabouttheflatroofs, The surrounding er-- developments iu the Sandstone area range in age aud quality, and none exclusively pH-"<, have flat roofs. Many have a combination of flat and pitched roofs. For example, I I Sandstone Park has steeply pitched sheds aad gables in coqiunction with flat roofs. Brooktree has a combination of a rnansard-type roof with a flat roof. Aspeufiee and Potato Patch Club both have built-up gravel roofs, which are pitched at relatively shallow slopes. Staffbelieves that one of the significant elements in each of the surrounding properties is the roof eave overhang. We believe that this gives architectural character to the development, as it creates a shadow line, breaks up the mass and bulk, and creates a character that is appreciated by the general public. Staff does not want to discount thc overall quality of the proposed design. Howcver, we believe that the character should be modified by adding pitched roofs to thc flat roofs in a way similar to Sandstone Park, immediately adjacent to the project to the west. Of particular concern to staff is the height of the flat roofs relative to the road elevation surrounding the project. We believe that the roof areas will be highly visible frorn tlle surrounding area. The elevation at the comer of Red Saudstoue Road and Potato Patch Drive is approximately 2 - 3 feet higher than the elevation ofthe second story roofs. Siace pedestrians and drivers on the road will be higher than the roof elevation, the flat roofs will have greater exposure. Uses, activity and density which provide a compatible, effrcient and vrukrble relationship with sr.urounding uses and activity. Staffbelieves that the uses, activity and density will be compatible with the surrounding development. As discussed above, underthe evaluation of the rezoning request, the proposed density is consistent with the Town's Land Use Plan and will be lower than the surrounding developrnents in the area. Compliance with parking and loading requiremeuts, as outlined in Chapter 18.52. The proposed development exceeds the Zoning Code requirement regarding the total supply ofparking spaces, as well as the supply ofenclosed parking spaces. B. C. 1t D. Eacb of the condominiums will have its own oversized garagc. Conformity with the applicable elements of the Vail Comprehensivc Plen, Town policies and Urban Design Plan. The Vail Comprehensive Plan (Land Use Plan) calls for a density on this sitc ranging from 3-14 dwelling units per acre, The proposed development, at l3.l dwelling units per buildable acre, is consistent with tbe Land Use Plan. A thorough analysis of the consistency with the Land Use Plan is provided above, under the rezoning discussion. Identification and mitigation of natural andlor geologic bazardr tlat affect the property on which this Special Development District is proposed. The only hazard affecting this site is the 100-year floodplain. All improvements, grading, and disturbance will be located outside of the floodplain. Site plan, building design and location and open space provisions designed.to produoe a functioDal development, responsive and sensitive to natural features, vegetation and overall aesthetic quatity of community. The site plan and building design have becn developcd to take full advantage of the open space area along Red sandstone creek. Each of the dwelling units will abut this corridor, which will increase the quality of life of the residents of this development. In the site planning devclopment, the 30'stream centerline setback standard of the Town has been respected, providing a buffer between the riparian corridor and the development. There is one location where some of the existing vegetation will be removed. Tom Braun, the representative for the developmenl has stated that the Distict will kansplaot vegektion during the constructron process or will replace it with new plant material, matching the existing species. A_circulation systern desigued for both vehicles and pedestrians addressing on and oFsite traffic circulation. Driveways have been aligued so that the Red Sandstone, Brooktree, and sandstone Park developments will all be sharing the sarne access onto Red sandstone Road. Easements will be provided to rnaintain this access in the future. The point of intersection with Red sandstone Road has been located at a point where visibility is the greatest, as Red sandstone Road winds its way up to potato Patch. conceming pedesbian circulation, staffhas requested that the existing sidewalk along Red Sandstone Road be continued up to the entance to this development. E. F. G. t2 H. Originally, staff and thc PEC requestcd that a pedestrian connection be provided from this project up to Red Sandstonc Road, above the developmcnt' Unfortunately, thc ADA laws are such that providing a staircasc without a second accessible route cannot be done. An important detail relating to circulation is the areas for snow storage. Snow will be stored aloug the driveway, on the east side as well as at the northern end of thc drive. Snow storage areas have been increased, as discussed above. Fuoctioaal and aesthctie landscapiag and open space, in order to optimize and preserve natural features, recreation, views and functiou. Staffrequests that the applicant buffer the project more from adjaceut properties, particularly along Red Sandstone Road. Staffunderstands that tlere is a very steep slope in this area, plus retaining walls, which limits the plantable area. However, staff believes more trees and shrubs should be added, per the corrments made earlier in the memo. Staffalso requests that the existing vegetation be preserved. The large spruce (24 inch caliper) on the north west comer of the site is proposed to be preserved. Phasing plan or subdivision plan that will maintain a workable functional and efficient relationship throughout the development of this Special Development District. At this time, it is anticipated that the development would be completed in a single phase. If for any reason, the Forest Service and the Tqwn cannot complete the transfer of ownership of thc northernmost part of thc state, the District will proceed ahead with construction of the first three buildings. A condition of approval will be to have the District resubdivide all the parcels into one lot, Though the zoning code defirnition allows parcels adjacent to one anotber to be considered as one lot, ultimately the development area must be replatted as a coudominium map. As part of that process, the land will eventually be platted as a single lot. As part of the initial phase, staff understands that the existing overhead utility lines will be buded. Staffunderstands that rwo poles will be removed and the existing overhead lines eliminated back to the existing pole adjacent to the Sandstone Park Condominium Building. I. 13 , I \rI. STAF'FRECOMMENDATION Staff recommends approval of the requested Special Development District and Rezoning with two conditions. We believe the applicant has been responsive to a majority of the issues and has designed a quality product which will help meet the community's housing needs. However, staff believes that the architectural character, and landscape screening, of the proj ect could meet the SDD criteria better than the current design. As a result, staffrecommends approval of the project with the following conditions: l) Tbat the applicant modif' the architectural character ofthe project by incorporating a mixture of flat roofs and shed roofs into the design, prior to fust readiug of the ordinance at Town Council. 2) That the applicant add additional trees and shrubs (4 spruce and 5 shrubs) to the area of the site adjacent to Red Sandstone Road, prior to first reading of the ordinance at Towo Council. l4 tt \ a George Ruther stated that the Johnson's residence on Mill creek circle required bonding when they were transplanling trees. Greg Amsden said he was not excited about this proposal, since it was a vely noticeable house. Henry pratt made a motion lor approval for Lot 36, which included a second condition requiring a OonOl so tnat if trees die within two growing seasons, the tree well would be filled in and new trees would be Planted. John Schofield seconded the motion. Gene Uselton asked for an amendmentto Henry's motion, changing it to Lot 37' i{enry Pratt amended the motion. The motion passed unanimously by a vote of 7-0. S. A request for a joint worksession with the DRB and PEC for a rezoning from _General Use io Medium Density Multi-family, and a request for the establishment of a Special Development District to allow tor the development of 17 EHU's, located on an unplatled parcel on a portion ot Parcel A and part of Block D, Lionsridge Filing f 1 Appticants: Eagle River Water and Sanitation District and the Forest Service Planner; AndY Knudtsen Greg Moffet wetcomed Brent Alm, Clark Brittain and Ted Hingst, the DRB members present for this worksession. Andy Knudtsen gave an overview of the request and explained that the three parties involved hav6 all signed the applications necessary to get the plan going. The primary purpose of the ... SDD was io answer neighbor's questions regarding future developmenl. 100% of the units will be deed restricted. The District and Town of Vail employees are the target market. Density is much less than what the Zone District allows, as shown on the Zoning Analysis in the memo. Another important component is the LOAA, which Andy explained. He explained that this was an effort to get a clean'boundary and lo create sites for employee housing. Andy stated that this was a high [riority for economic stability and also that the provision of affordable housing would_ nep trre viaoility of the community. Andy said thal the proposed density is below other sites and thai suitability is consistent with the context. Staff expressed concern about the architectural design and wanted to hear from both Boards and the neighborhood, regarding archjtectural compatibility. A roof overhang and a pitched root would break up the mass. He said lhat since the iorner 6f the road is higher, the flat roofs would be very visible where the road divides. Andy proceeded to go over the discussion issues. He stated that there are argumenls both pro and con for two cuibcuts. but stalf would look at the safest and what would meet the most needs. Andy went over the landscaping and stated that there may be an opportunity to get rnore landscaping in the area, while still preserving the existing landscaping. Greg Moffet said two areas to focus on were the landscaping and the architectule. He stated the need for the public to comment on these issues. Planning and Ervironmental Cornmission Minutes September 9, 1996 I f Tom Braun explained that the districl had this land available and had taken a leadership role in proposing the project. Tom stated that lhey were lrying to cleate an opportunity lor families' by i".5"rgjror'Ceherat Ule to Special Dev6lopmenf Oi-sttict. He then showed renderings of the projecr. He exptained tn"iinJ tal"'g" ot densiti'es was staggering in this neighborhood' He explained the densities of "uitorn"Oing properties and haitrrey were proposing 10'6 on a gross basis, so this project *"s "rthe tow e*nd. ti tney OiOn't do the SDD rezoning, they could come back and do a lull site coverage, maximum heilht etc. Tom stated that the SDD process provided a safeguard. rf "i to-ois were an issuJbutTom delerred to Jim Morter' He did rnention that there were a number of flat rools in the neighborhood. The precedent has been eslablished' such as Simba Run, etc. He mentioned rhat the road is still under further study to see how to i6r tn" ip.ud of Uaffic before tne blind spot. He said that they were extending the-.retaining wall to get trees between tne ioao and thd buildings' lt is to.ug.h 19 !ii9-tlg?t that will do well on this site. He stated tn"t in" O"u"fopment standards were witliin the standards of the Town' OarigJs were oversized in order td provide storaoe, as well as cars' To bring all this in at an affordable level was a cdil;g;. idm introduced-Jim Morter, Pat Dauphinais and Gerry Roberts. Jim Morter said the lirst thing to be considered was scale. The kindest scale for the site was to have 4 smalter buildings. Fdr fn" footprint and the bulk, Jirn felt the smaller size worked. Jim .Ut"O n" was proposi-ng seven 1-bediooms, five 2-bedrooms and live 3- bedrooms' This project would be state of the art for accessibility and usability. Jim asked for questions' He wanted to irf." iniJ ori ot tne typicailenre ot attoiOabte housing' The shadow pattern oave animation to the buildings, as opposed to blocks of buildings. There were one, two and lhree stories all mixed in. The nei'gnoors'ih porato Patch, when looking down, would see a weddinq ""1" 9199!^jy^,- stated therdwould be 24 flat roofs with a lot of stair stepping. The functional reason lor ilat rools was to eliminate snow dumping. lt would be easier to dhedinow where people are not' Flat roofs made it easier to coniain"winter problems. The second reason lor llat roofs was that the mass would appear smaller with flat r6ofs. The third reason was lo provide visual interest with a ifiir-rt"p O".ign. Roof penetrations, such as vents (since there will be no fireplaces)' would have all the items clustered together. This has given Jim the opportunity to torm a sculpture- within the project. Jim stated inat ne would likelo ask both Boards to have an open mind, when it comes to lhe flat roof issue. Greg Moflet asked for any public comments. Jim Lamont, speaking on behalf of Ralph Davis of Action Vail, stated that the focus should be on the principles.' The rn-anner that it was brought loruvard last spring caused anguish- lt was brought to the attention of Action Vail. The homeowners made every effort to calm everyone. Rctioi Vait has always said that public open space, if transferred, should be retained as open space. Jim had queitions for Tom Brauh regirding the slatus of the driveway options {nd . . d'esignating it as i permanent easement. Jim also wanted to know what other avenue Brooktree had for access. Tom Braun said that it is not yet a permanent easement, but lhat it was a possibility' Jim Lamont asked if the access could be shared. Tom Braun said that a new access, to the south of the proposed driveway, was being considered. Jim Lamont asked Tom Braun il the right-of-way on Red Sandstone was dedicated. Planning and Environmental Coltfixsslon Minules Septembor 9, 1996 i Tom Braun said it could be dedicated' Jim Lamont askect about the 1oo-year lloodplain. Jim stated that this was public property and in" rrrrent problems needed to be resolved. Jim stated that when the Lionsridge area was annexed, the land use pitt*rn was predetermined. Jim stated that there was a need to take a hard look at the streamlght-of-*ay. He asked, " Are we taking a public piece of property and turning it into a private pidce ol property?" The public deserves a sidewalk and access to the Jtre"ri. He meirtioned'that whdn tie w'as on the Board, he found that there is never a benefit' *frLn tf," public has been denied. lf the units go up for a lonery,.thal would be fine, but allthe citizens oi the Town should have a chance. ltis wiong to have the people benefiting {rom it that were judging and reviewing it. However, Jim could see the first prefelence being given to emergency Personnel. Bob McLaurin disagreed with a couple of issues. The lirst was the land exchange'-Bob had . . . been criticized for using this parcel. There was a net gain of money to the Forest Service, which exceeded the value, reiulting in no net loss to the Forest Service. The land was to be used lor nousing for Town ol Vail emfloyees. When people call 9'l'1 , tor example, one wouldn't get an. answeiif employees are noi aOie to live neaiby.- Bob said there was not one single fireman who lives in the Tbwn of Vail and only two police ofiicers that live in the Town ol Vail. lt was clearly irreiponsiOfe for the Town ot Vait to not move in this direction. This housing development would be filled with critical employees, with the remainder goang to tottery for the leftover units. This pioiect woutd provide ah oi:portunity for police otlicei's families to be here. The Town ol Vail would like to exercise a rigfri of first-refusal. Bob said that the Town had an obligation to provide. the services and was havlng a harder time competing with areas that have a less expensive cost of living. With all due respect to Jim, the Town should have done this 10 to 15 years ago. As the town'i long term employees start to retire, the Town needs to start to take pro-active measures now. Jim Lamont said in response to his good friend Bob, that the minute these public units were.sOld to the private sector, there would be a problem when the employees leave the job. T-!e public interedt needed to be protected. Prioriiies should be given to emergency personnel first. After requesting that the density be lowered, Jim slated that this should be lented to emergency personal and include public access to the creek' Bob McLaurin said rentals would not work lor the maiority of the work force. In order for occupants to receive tax deductible benefits, the proiect had to be owner occupied. Ratph Davis said that Bob hit the nail on the head. He also would hate to call 911 and lind no one there. Ralph stated ihat the units should not be sold and that rental rales should be below market rental rates. He said the rent should be less than what it would cost to own. This project might just fit the need for emergency personal. Pat Dauphinais, representing the Water and Sanitation Districl, stated that this would have a public benefit . Employees living on the other side of Dowd Junction can't respond to .'emergencies like a'loc-al resident could . There would be a first right of first refusal. The Water Distriat would maintain first right of'refusal on alfthe"units. Though the'Water District can't commit to housing only emergency personnel, this housing would be available to Water District personnel, police, fire and hoipital personnel. The public interest would be well served. Even ihougtr tand is being transterred from the public to the private sector, it would still serve the comirunity. Even though they would be sold, the Water District would have the right of first refusal. Planning and Environmenlal Commission Minutes Seprember 9, 1996 I Henry pratt asked if it would be possible lor the Town to have 2nd righl of refusal on the Water District units? Pat Dauphinais said that was a great idea and would dovetail lhat in' Henry Pratt stated that conceivably, there coub eventually be no Town ol Vail employees living in these units. Bob McLaurin said a sale could be forced, via the deed restrictions, lor violations to the policy' Pat Dauphinais said deed restrictions would be conditions of the SDD' Bob McLaurin stated that he didn't want all the Town of Vail workers living together. Jim Lamont staled that we need the Town Manager to explain how this will work. Bob Mclaurin stated that the Town is pursuing rentals on the Public Works site and on other prop"rfi"r. He stated thal it was esseirtial to maintain the community's economic viability and inai it woutO be problematic in the future, if this problem is not dealt with now. pat Dauphinais said the Water Board fell a responsibility to lhe public. Pat said that the current proposai was the most positive thing to be done with that ground. The benefils would far exceed ihe'strort term public toss, by shuiting down the neighborhood dog toilet. The Water District no longer needs tire planl on-site. The public good will be served better by lar with this project. Jim Lamont stated that there would be a need for a sidewalk; that the creek be recognized as a recreational amenity, and dedicated as e public access easement; that the Town should require the dedication of some open space, to be consistent with other projects. He summarized by saying that the public should get something back. Greg Moffet asked for other public, comments. There was none. Starting with the DRB: Clark Brittain said he responded favorably to the design- The presentation reinforced his feeling about the design. Each building, as a modular Sculpture, was very appealing. When lobking down on the buildings from the road, a betler vantage point is possible and the diiferences would be accentuated. Clark said that the project is going in the righl direction. Ted Hingst thought the design was a good way to avoid cubes. Ted still had a problem with the llat roOfs. He suggested perhaps false fronting was a solution. He was, however, looking forward to seeing the proiect develop. Brent Alm thanked Jim Morter and the PEC for letting the DRB have a chance to make comments at this schematic level. He stated thal there needs to be more landscaping on the east side. Also, Brent said that to break the 'l7 units into four buildings was a good idea. The archileclure was simple and straightforward. Brent was not opposed to llat rools, but would like to see shed roofs added to soften lhe design. The stacked design was helpful. lt was important to see the renderings. The use of materials with two differeni types oJ sidings and slight color variations was best. Jim Morter stated that the intent was to use subtle variations. Plannin g ard Environmental Cormission Minulcs September 9, 1996 10 I Brent Alm Suggested using some stucco within some ol the siding masses ' He said that he was looking forward to seeing more on the project' Galen Aasland said that thele was a hardship concerning the retaining wall on Red Sandstone Road and that the heighr ;t ir was accepraOt!. ne believld the SDD tbok away the.trust ttgt !!.. prorc. Gaten thoughiit snoutd be zondd MDMF without the sDD. Galen liked the flat rools and In*Sttt G massin! naO inGgrity. He rhought it was too homogenous and boring with one color' il" tJft "OOing signiiicant masi instucco to ihe siding was a good idea,.and that il needed more detail. Galen felt that a one-iat garage would not se-rve the needs lor the 3-bedroom units and that the 3-bedroom units needed more than a one-car garage' Jim Morter stated that some of the 3-bedroom units had two-car garages. Galen Aasland said he would like to see the project embrace the creek better and that the prop.rty ""iois tne roaO should be addressdd. Galen felt that this project had significant public benefit. He telt also that people that were able to buy were better off than paying rent and the right of lirst refusal with the second right of refusal was a good idea' Diane Golden thanked the Water District. Responding to Galen's comments about the SDD' she iaiO tnat the pubtic interest was better protectdd with ihe SDD. Diane felt that the breakup of the buildings was verY good. Henry pratt said Jim Lamont had brought up some macro issues, compared to the flat roofs' Henry tett that it was important for the units to be owner-occupied. There was a need to insure that emergency personnel be housed at this site. He felt that it would be counter-productive.Jor employeei to naue to sell. Henry said that we need to find a position somewhere between Jim Lamonl and the Town Manager. Henry pratt believed that the architecture was Jar superior to the Commons. BuL he also stated that [ionshead was going away lrom llat roofs, towards a more European style . This ploje.ct needed shed roofs, ind overhdngs with more detail. Henry stated that flat roofs were clearly more efficient in this town, and tliat it was a good choice lrom his perspective; however, subject to criticism. Henry said thal to salisty the public perception, the designed needed to break up the boxes. In laymafs terms, he expressed concern that the public would equate stacked boxes with public housing. Henry Pratt said to deed back open space was a good idea; however, the-space was.nol.an . adeqirate size. A public path alirng the creek could be done within the 30'setback. lt might be a compromise to opbn it to the publii, but it would get used and appreciated. Henry questioned the dmount of space allocated for snow storage. From his years at Pitkin, he stated that snow piles can get to be 25' high. He didn't have a feel for curbcuts and felt that could be left up to the Town to hlndle. Henry agreed with Jim Lamont about the sidewalks. Sidewalks encouraged people to walk to the bus stop. The path along the creek would enable Brooktree residents to cut 'acrriss and use the bus stop. Trees were needed to provide privacy. Trees would_put the . . project into its own enclave.- Henry disagreed with Galen regarding the SDD: An SDD would provide lhe vehicle necessary for a minor degree of down zoning. John schofield said that as this project progresses, he would like to have more information on the floodplain and also a public path along the stream. A common access with the adjacent property owners would bd prefelable. John said that he was not a big tan of flat rsofs and would iike to see some sloped roots and a mix of siding materials. Planning and Envitonmental Commission Minutes SePtember 9, 1996 11 a I Gene Usetton agreed with Henry regarding the approprialeness of tle s?D Admitting that he is a sucker for a good t"r"t'piiin, i"-d"tplii'tented'5im-n'loiter on his four point argument in lavor of the flat roofs and indicated that he was convincJi. Hu "tp,.tsed the opinion that' given the qualiry ot rhe propos"o piii""i, tn-" il;ilt values ol surrounding properlies would be maintained or enhanced. Greg Amsden reminded everyone that lhis was highly visible as one dr-ove past it to Piney Lake' Greg said he would fir.e ro'sel iiopeJ roots. Creg"Oi'dn't want local people to have to deal with the maintenance that ""JrisiOing-*ould require.-To be able to live atfordably' the project needed to be built using another'material. dreg also felt it needed to be oriented with north/south views. The easywesl views looked oJi onto tralfic and also Potato Patch' Greg felt it must have two-car g"tlg"i tor the 3-bedroom units. He asked if utilities and gas flreplace.s - *ouiJ U" p*vided. lie sald rhat there was not a necessity tql an SDD.. He said that, since there r"" no "dp on an SDD pioie"t,'n" would tike to see lhe GRfR timit set in stone' He would alsO tilte to see'a greater setbadk io protect the willows, etc. To dedicate open spryg on a site this iighi*ould Oe hard, but perhapi tne south end of the site would be possible. The color eievations looked great on the renderings, but he expressed. concern that renderings were not i"iu?it". The treds in particular, were an inaccurate depiction. He said to picture it without the trees. This architecture had to siand alone tor the next i 5 years until the trees grew to a height represented in the renderings. Greg Moflet wanted to compliment the development team on the professional presentation' Jim Lam-ont had raised some vdlid concerns. This worksession was the context for lhese concerns to be raised. Greg was delighted rhat this was aimed in the direction of family housing. Greg felt inat owned was b6$er than iented. Greg was in agreement that the SDD was the appropriate-^ mechanism for this. tn response to the iown Manigefs concerns, GIeg said thal when the PEC reviewed the Public Works site, it required housing. This was a step in the right direction in "OOrurring that issue. Greg agieed with Greg RmiOen regarding the materials used and the cost ol tuture maintenance. Gr6g igreeO with Heiry on the landscaping issue. Greg liked the design and had no problem wilh it. Jim Lamont said the Easl Village Horneowner's Association favored this zone district- The time that has elapsed lor the publiciight-ol-way was well beyond the prescriptive rights. That portion not owned by the Town should be dedicated to the Town ol Vail. Greg Moffet asked if the proposed MDMF zone district was an upzoning. Andy Knudtsen said, yes. He further stated that this project was treated no dilferently than others. He telt the GRFA was low enough so that the right of way concerns would be a moot issue. Tom Braun summarized all the comments. He stated that everyone was comlortable with the SDD, with the exception of Greg Amsden and Galen Aasland. The vehicular circulation to be worked oui by the Town Enginder. He said that they would look at the stream access corridor and study thd building orienlailon with more landscdping bgtween th9 road and the project. -The Army Coip had no inierest.inthe small'area of"weflahds-.- Tom-said.that Russ Forest will walk it with him. Andy Knudtsen stated that an Environmental tmpact analysis had been done' Tom Braun thought that dedicating open space was lairly unique for this type ol project, but thal he would look into it, as well as lhe flat roofs. Planning and Environmental Commission Minutes September 9, 1996 t2 I t Greg Moffet said the SDD stated a complete review was to go to the DRB and he thanked the presenters. Jim Morter asked if there was one priority given the constraiants of the right-of-way' The PEC said landscaPing. Jim Morter said that public safety would dictate the road right-of-way issues' Pat Dauphinais said the original concept was to get the best possible product lor the least money. Greg Moffet suggested that the applicants talk to Jeff Bowen regarding having trees donated for this project lrom Trees for Vail. 6. A conceptual discussion regarding the display of banners lor quasi-community events and activities. Applicant: Town ot VailPlanner: Lauren Waterton Lauren Waterton said stafl has had more and more requests lrorn hotel operators who wanted banners to welcome conferences, etc. Staff has had td deny these requests, because they don't reet tne sign code, but perhaps to promote conferences coming to Vail, we should take another look at the iequest. Thii would require a policy change and a change to the sign code. Statt was looking to receive some direction from the PEC. Greg Moffet stated, for the record, that he might have a potential.conflict of interest, since he was-in the business. lf anyone had a problem with him participating in this discussion, please say so. John Schofield said, in his dealing with Ski Club activities, any over the counter situations to speed upthe Process was good. Mike Mollica said special event banners were already allowed. John Schofield suggested incorporating all banners into one policy. Gene Uselton said he enjoyed seeing banners on Bridge Street. The down side was that there would be banners everywhere. Lauren Waterton stated that special evenls were those that benefitted the community and banners are allowed for those events. Mike Mollica suggested pursuing Option No,2 in the memo. Our current policy is subject to staff interpretation and stalf would recommend codilication. Greg Moffet asked if Garton's had special events? Lauren Waterton yes, but this discussion was in reference to hotels at this point. Planning ud Environrnertxl Cdnsission Minutes Soptorober 9, 1996 13 a 7. A request for a rezoning from General Use to Medium Density Multi-family, and a request for the eslablishment oia Special Devetopment District to allow for the developm_ent of 17 EHU's, located on an unplaited parcel on a portion of Parcel A and part of Block D' Lionsridge Filing # 1. Appticants: Eagle River Water & Sanitation Dislrict, the U.S. Forest Service & the Town of VailPlanner: Andy Knudtsen Andy Knudtsen gave an overview of the statf memo. Andy explained the Zoning AnalVlland stat6d that the overall project conformed with the proposed zoning. He stated that the SDD component did not provide a blank check, since any future moditications would have to go through council. He stated that staff believed that a combination ol flat and pitched roofs was prefeired. He said that staff was recommending approval with two conditions' Tom Braun said the building design had been changed and allthe issues had been addressed. Tom stated that the design guidelines allow for a variety of roof forms. He then said this proposal was within the realms and that there were untold benefits associated with llat roofs. Jim Morter said that the project had to be affordable and well designed, because it was in a neighborhood that was welldesigned. He said that a myfiad of decisions influenced the design of the roof tops and explained that he was not trying to be uncooperative, but the final design included flat roofs. He then said that the most important goal was to accomplish all the goals. He went on to say that canopies were added to give a level of sophistication and shadow lines. Jim said that stucco wainscoting made the building look worse by giving it a checkerboard look. He said there were two patterns of wood siding provided. Jim said il the public perceived this as a stact ot boxes, then he told the PEC to take a look at Savoy Villas. He also said that Timber Ridge had sloping roofs and looked worse than Savoy Villas, and gave the impression of employee housing. Greg Moffet asked for any public comrnent. Jim Lamont, representing the EVHA, said that Joe Staufer had asked him to raise some concerns. Jim said that Joe Staufer didnt like flat roofs, but that he telt lhe change in design addbd a flair. Jim said that Joe thought it added a Taos teel. However, il could be more exciting with stucco. Jim said he thought it stingy to say the sidewalk can't go up and around the site. He then asked Andy how much rental housing the Town owns. Andy Knudtsen stated that the Town owned the Town Manager's home and two other units. Jim Lamont said the biggest demand was for rentable units. He said that the district could take the revenues and leave. lf it was public property, lhen the Town should meet the demand. Jim said the issue on the table was that if the units are sold, the buyer should be selected through a lottery. Jim stated that the public would not be pleased that the first two tiers of this project would go to the TOV workers, since it was on public property. Jim advised use of the lottery. Jim also noted that the housing director was involved in the regulatory process. Jirn said we needed to make it clear that the housing director should sit with the advocates, as lhe appearance was that ot a conflict ol interest. Greg Moffet asked for any other public comment. There was none. Planning and Euvironmenlal Commission Minutes ocrober 28, 1995 oI 15 Gene Uselton questioned the perpetual deed restrictions. Gene asked if the sloping roofs were added, would the snow shedding be better. Andy Knudtsen said roof pitches could be designed in such a way that snow shed problems could be eliminated. As an alternative, snow fences could be added- Gene Uselton said he had a hard time guessing what this project would look like and asked if the PEC was making a recommendation to the Town Council at this worksession. Greg Amsden said an SDD was not appropriate for this site. He said that stafl was recommending an SDD in order to limitthe GRFA, which was a misuse of the SDD. He then suggested thai it could be construed as employee housing. He went on to say that it did not coiiorm and was not compatible with the surrounding neighborhood due to the flat roofs. Greg stated that alfordability was not driving this project. Greg said that the wood siding did not fly with him. Greg felt that vertical with horizontal siding was shown and he would like to see a lower maintenance product. He then asked about the landscaping. Greg also asked what the typicat occupancy of the 3-bedroom unit would be. Greg Amsden thought every garage would have one car parked outside. He said that the project should be palatable and not allow outdoor parking on Sandstone Rd. He also expressed disappointment that no one shows up at the PEC meetings to offer any input. Tom Braun stated that 30 letters were senl out for notilication to adjacent property owners earlier in the review process. Galen Aasland suggested tahling this item. Galen felt an SDD for employee housing was wrong, but that MDMF was needed. Galen {elt it needed to be made compatible with existing neighborhoods. He said he would like to see more written information about the improvernents that could be done in the future. He suggested capping development at a certain level. Galen said that interior improvements could work against the long term employee housing concept. Galen would like to see a mostty stucco exterior. Galen agreed with Jim's comment about looking at this like any other applicant. Galen also advised that, from the public aspect, we should be careful about the Town representing itsef . Galen would like to see this item tabled. Diane Golden thought the housing should go to critical TOV employees. She also said she didn't remember the PEC saying vegetation was more important than the sidewalk. Jim Morter explained that he raised a question to the PEC at the very end of the worksession, whether landscaping or a sidewalk was more important along Red Sandstone Road. Diane Golden also stated that the PEC forced a horne in East Vail to remove sod and replace it with bluegrass. Andy Knudtsen showed, according to the renderings, where the wetland mitigation was to happen. Diane Golden stated that she liked the design of Savoy Villa. She said that architects say there are benefits to flat roofs and so therefore, she was not afraid to go with the expert's opinion. She stated that she was thrilted to see employee housing incorporated into a neighborhood. Planning and Environmental Commission Minutes October 28. 1996 16 ,! Henry Pratt comrnended Galen on his eloquence and also agreed with Greg Amsden's point of view. Andy Knudtsen stated that the rezoning and sDD have been linked together. Henry Pratt said he would rather have Council have the final word and therefore' the SDD pro.,jss r""i good one. Henry Pratt reminded gverJo.ng t!?t lve need families here' as beasonal workels are going to be housed out at the Public Works site' Jim Morter said there were 46 parking spaces; 18 in garages and 28 exterior' He said 36 Spaces were all that were required. Henry pratt said that assigning more parking to the S-bedroom units would reduce guest spaces. Henry asked how were pdoptigoing io get io lhe bustop. He said a liability issue exists with tattin6. ienry said thar dombtniig n6eOe? to be done to address the sidewalk, even though Henry would prefer landscaPing. Greg Molfet said he had no problem with the use of the SDD process and that this project snoito oe decided by electeb ofiicials. He stated that the Town's employee housing was going to be on public property and that we require ourselves to hqvq ho.usit1g on our land, as a private owner'has a trouse 6n private land. Greg said that he didn't mind flat roofs. He felt' regarding the ramp issue, that a stair case needed-to be pul in. Greg said that this climate was harsh on wood and though it is more expensive, he wanted stucco. Greg was.in favor of this project as long as further exterior considerations were given to the exterior finish. pat Dauphinais stated that the plan was set and not only was it well thought out, but well designei. He said to do this wfunin a budget where constraints were difficult. Pat said they were not iiterested in design by committee. Ue tett that the fisherman easement was too tight He asked for a favorable vote to go to Council' Gene Uselton made a motion for approval with the condition that 4 spruce and 5 shrubs be added to the landscaping area along Red Sandstone Road. The motion was seconded by Diane Golden. Galen Aasland asked if adding stucco t0 the outside could be included in the motion. Gene Uselton said they have not violated code and would not amend his condition. Greg Motfet asked for any lurther discussion. The motion passed by a vote of 4-2, with Greg Amsden and Galen Aasland voting against it. 8. A discussion item regarding vehicle storage/transportation related businesses in commercial zone districts. Planner: Dominic Mauriello Dominic Mauriello gave an overview of the memo, asking the PEC for ideas on how to treat this and also to give thought on when does it become industrial use. He saicl however, that this was a use that w-as needed. He said that Tim Ewals of Airport Shuttle, had concerns he wanted the Plenning and Environmental Commission Minutes October 28. 1996 tt Printed by Andy Knudtsen La/9 :44am From: Domirric Mauriel ao Dj-rlc Mason, eeorge Ruther, Laurenwatertorr, Mike Mo l- ].j.casubject: fwdi Definition of lob ===No.rE==: :=6/26/96==2 : Olpm-=c}.eck out the defirriE1on of a. r]-oc" orsitre on page 308-3- A 1ot c,r sice malzconsist of a con*)ination of 1otss orportsi(,ns tsIrereof - Therefore if I havetvso ].ot.g and wa.nt to puts my safewalr inthe mj-dd]-e of it, lrou consider it' onel-ots for zoninq, purposes - This i"s differeng ehan c}:reinterpretsatiorr \^te harze been usingf , T tshink we stlould Eo by t'tre orle in tt\ebook. I-et ta].k, l,/ou know cof f ee ta1k. Dom Fwd:by: =Mike=MoI l ica==ro,/ 09,/ 9 6=--8 ! 12am: Fwd to: Dominic Mauriel-Io Hey, loolc wltats I found! should we tsa1kabout tslais, or tr.a\re you f igured its outbfa norrt? Sorry abouts ttre sarcasm- F\^'d.=blz::Domlnic:Mauri=1O / 09 / 9 6=:4 , 13pm= Fwd Co: And]t Krludtsen, Tom Moorhea.dTom, wouad ].ou a.gree ehat 1oes carr be assemb1ed so tha.t tl. ey are t.reated asone 1oL withorrts replatj-ng accordirrg cothe definition of l-ot irr eh€! zonirrqCode? setbacks would be aFplied uo theexterl-or boundary of trhe combined ].ots? Fwd=bt : =Andy=Knudtsen:lO I A1 / 9 6=:4, 5 1pm:Fwd to: Tom Moorhead .xom, is thj.F oK" Even for parcels wtrich are under different ownerstrip? Hope memo. F'wd=b!' : =Tom=Moorh ead= =! O / 1- 4 / 9 6 =LL : 5 7 am= Fvrd to: Andy l<nudlsen I dld notowrtersh itr)aqree - see anl' reference t'o 1rr t'he def inlt.j.on- so I Printed by Andy Knudtsen t0/ Froms Rua sel- l- Forreatr To: Andl. Knudtsen subjects : Redsarrdstone 4 :01pm ===NoTE==: ==!O/08/96==2:23F'm= arr.rs ts want co gununa.r i ze my conunentg on €tre proj ecc . 1) Verlr pleased tshat Tom ls working' wittl a- consulcanc to delineate ttre weE].ands on ttre sitse. 2) Corrsultant needs to notiflt ttre Corps in wricing of ttre proposed projects wj-tsh tshe potsentsia]- acren of site di-stsrrrbance to jurisdie€ionaa wecaands - 3) Reccomend thar an equaviaants area of \^reEland vegetaCion Etrat is impacted is replanted on tlre nortstr arrd souttr ends of Ehe sl-te, 4) Area. of dis tsurbance slaould be scaked on tstre ground for PEc so ttrelt see for ct\emsel-ves tlae tr)ro:<imi cfz of imtr)ro\.ementg to t.}.e creek, so Lhe]t can make an informed decision. 5) si-nce tslae sj-tse is distsurbed arrd no wegr is ora the site we rreed Eo fra'\te silt' fences arourrd tsfre sitse now- rt wou.].d be pref el:able t.o st)read Lral. - o\zer the site to keep tl.e soil more in p]-ace - Page: 1 a 7 J United SEates Departmeut of Agr iculture Forest Servic e white River Nat iona I Fores t Eoly Cross Ranger Dis tr ic t P,O. Box 190 Minturn, Colorado 81645 Reply to: 5400 Date: July 5, 1994 Peggy Osterfoss, Mayor Town of Vail 75 South Frontage Road Vail, CO 81657 Dear Peggy: EncLosed is a the fiaal approved copy of the Town of vail Landownership Adjustment. Thank you for the assistance you gave us in completing this document. 'Sincerely, r't'^l ^Al/ ^ il+,, . )s /.'+1"-J-.,I uL{vvutr"-1 ,,/'\lr-{.- )nvl y',rwrLLrAM A. wooD 'f " 'District Ranger Enc 1o sure Caling lor th€ Lard and Servi{ Peoplo FS-520O-28 (7€2) t NATTONAI, FOREST UANAGBi{EII18 AC:r AITTYSIS TOWI{ OF VAIIJ I.A!{DOWITERSETP IDJUSrMEI.III gfhite River National Forest HoIy Cross Range! District Prepared Recornmended bv Approved by RI CI]ARD PHEL wrLLrAl'l NATIONAL FOREST I.fANAGEUENT ACT ANALYSIS Town of Vail Landownership AdJustment I. PURPOSE eND FEED! The torest Service l.lanuaL (FSH 5407.1) dLrects that the Forest Supervisor sball prepare and maintain appropriate i.rritten material to implement Iandolrnership adjustment actionE and rights-of-way procurement in conformance with the Forest Land and Resource Hanagemert Plan (Forestglan). The manuat further directg that each Natlonal Forest wilI prepare a Landownership Adjustment Analysis for incorporation into the Forese Plan as an arnendment. The lihite River llational Forest Uanagenent Plan gives direction with identified strategies to guide the decision maker in conside-,ing land adjustment offers, and as a tool ln the management of the NationaL Forest. These strategies consider acquisition and conveyance criteria. The managenent ptan does noe present specific strategies for areas that have ccnplex ownership patterns and associated high land values. The Holy cross Ranger District identlfied three areas where these conditions exist: the Town of Vai]; Town of Uinturni and the Edwards, Town of Avon, and Eagle-Va!I area. This document plesents the possible management practices for a landownership .adjus-,n:ent strategy in the Town of Vail area. ?herefore, thiE Landownership Adjustment Analysis is needed to: 1. fncorporate the resFective purposes of Iaus which authorize land purcbases, donations, sa1es, and exchanges along with implernenting regulations !n the code of Federal Regulations (36 cFR 2541, objectives and Policies in FsM 5400,. and the White River Resource l'lanagement. Plan (LUP). 2. Display the strategy for Iandownership adjustments on the Whlle River National Forest in the vicinitv of the Tol.,n of Vail. 3. Provide a basis for cost effectLve lands management decisions by disPlaying Lands whose acquisition or conveyance r,ril,1 contribute toward accomplishment of the objectives developed to implement the Forest Land and Resource Management and cornmunity objectj-ves. rT. PUBLTC T NVOLVEEE}IT In Uay of 1991 the Town of Vait and the Forest Service formed a working . group to develop a draf,t landownership adjustment analysis. The working group consisted of representatives from the Tor^'n of Vail., Eagle County, and the Forest Service. The group shared plannlng documents, conducted site \ct o o vlsits, and discussed Landowatership opportunities 6nd concerns. lhe group initially developed several statementE describing a desired future condition for landownership patternE and adjuBtrnentE. gossible management practices were then developed based on the desired future condition. Anaftative description and a rnap depicting the locatLon of these managementpractices !,as subsequently developed. ThiE draft Lnformatlon was the subject of three public meetings hosted by the Town of Vail and the ForeEt Service. The flrst meeting was r, presentation of the desired future condition and possible management practices at a regular sessj.on of the Town of vail Planning and Envl-ronrnentaL CdrulisBion. Several members of, the Town councir and interested residents were present at this meeting. LaterthiE same information hraE presented at a speeial eveninq meeting. This meeting uas weIl attended by interested residents and businesE rep8esentat ive s. The third meeting was a final presentation of thespecific parcel research to the Vail Town Council. }{any of the cotnnente and concerns received at the neeting were incorporated into the.final, dra ft . I I I, EXt STI}IC COI{DITIOI{ The To$n of VaiI is an internationalty renowned four season resort. The municipal boundaries are essentially surrounded by National Forest Systern Iands. Presently, the privata land within the Town is about 90 percent developed. i.ea1 estate values ale high. The potential to create additional plivate land suitable for development creates a highlycompetitive and speculatLve environrnent. Conversely, the purchase and preservation of rand to be used as open space has been a high priority forlhe Toh'n of Vaj,l,. As a resultr proposed landownership adjustments within and adjacent to the Toutn of vail are often highly controversial. Forest service administrative decLsLons have been repeatedly appeared by the Townof Vail and.itE citizens. clvii 'Iawsuits have resulted when appellants failed to get relief through the administratLve process. Landownership adjustment proponents have also pursued legislative action to consurnmate exchange proposals. Landownership adjustmentE are costry and tlme consuming. The moEt recent adjustment was a conveyance of two parcels to the Town of vail under theauthorities of both the Sjsk and Townside Acts. This process took Justover ten years from the time of proposal to completion- The cost to both the Tolrn and the Forest Service was very high. A portion of the originalproposal is still being contested in civil court. The National Forest System lands surrounding the Town of vail are highly regarded by residents and visitor3 for their recreaeion, scenic. and wilderness values. The White RLver National Forest completed a Land Classification plan in 1969. tbis plan focused on acquisition priorities. In 1977, an amendment t''iilt'\.:\ .] to the 1959 Land Classification Plan waE approved that allowed for the conv-eyance of two parcels for urban exgansion and to improve the public a&ninistration of the parcelg. The amendment stated that, "if the tractE were traded and developed it would be with the general corunitment and aPproval of the city and county governrnents. " this decision helped to reinforce a strong role for the Tonn of VaiI and Eagle couflty ln ForeEt Service land ownership decisions. fn January of 1980, Distrj.ct Ranger Nunn submitted a PetLtl.on of.Annexation to the town of VEiI for elght parcels of National Forest System Land8 totalling 138 acres, more or less. fn February the VaiI Town CouncLl passed an ordinance annexlng these parcels. The Toi{n 5lassed an ordinance in April that zoned three of the subject parcels, approximately 35 acresr as Public Use District and the remaining parcellr, approximately 102 dcr€s1 as Green BeIt and Natural Open Space. The Forest Service rnaintains that Ranger Nunn lacked the authority to petition for annexation and therefore the agenby does not recognize the action. The annexation and zoning of National, Forest Systen lands by the TovJn of Vail continues to be a point of contention t,hat further cornplicates management of adjoining lands. The current Forest PIan, published in 1984, identifiee specifie management requitemente for individual areas within the Forest. A management area prescription wag cieveloped for each area. The management areaprescriptions for National Forest System lands adjacent to tbe Town of Vail are summarized be1ow. A detail.ed descrJ-ption and the location'of these management areas are found in Appendix A: Town of VaiI Landownership Adjustnent Vap. winter sports Site llBt: Hanagement emphasis provides for downhill skiing on existing sites and maintains selected inventoried sLtes. for future downhiLl skiing recreation.. opportunities. Semi-primitive Hotorized Fecreation (2At! fianagement empbasis is for semi-primitive motorized recreation opportunitLes such as snowrnobiling, four-wheel driving, and motorcycling both on and off roads and trails, : semi-primitive, Non-motorized Recreation (3Al: llanagement emphasis ig for semi-primitive, nonmotorized recreation on both roaded and untoaded areas, Non-forested wildlife winter Ranqe (5Al! Hanagement emphasis is on winter range for deer, elk, pronghorns, blg,horn Eheep, and mountain goats. wood Fiber Prgduction f7El: l.tanagement emphasis ls on wood fiber Production and utilizat.ion of, large roundwood of a size and quality suitable for sawtimber. t, .+ri{ o Wilderness-:Semi-prinitive tecl: Management emphasLs Ls for the protection and perpetuation of essentially natural bio-physJ.caL conditions. A survey of the ?own of VaiI and National Foreet boundary braa conducted by the folest Srvice in 1991 and numerous title claims were identified. These title claims range from portions of homes and private roads to landscaping and outdoor lighting on lands identified aE part of, the National Forest System, Portions of National Forest trails and trailheads appear to be Located on private property or Town of Vail owned lands. National Forest System lands adjacent to the Town of ValI host numerous componentE of the. Town's utility infrastructure. Water tanks, powerllnes, sewer 1ines, eleetronic eitea, and roads are a few examplee. IV. DESTRED FUTURE CO}IDTEION: Tbe Forest Service def,ines the desired luture condition of the - landownership pattern as that pattern expected to result lf the goals and o,bjectives of the Forest Plan are achieved. Chapter 3 bf the Forest Plan outlines broad goalB for the Lands program: -Acquire private lands within wildernesE. consolidate NatLonal Foresc. Ownership Patterng. -Acquire nece€sary rights-of-way to facilitate management of the Forest including gublic access to National Forest System lands. -Pursue opportunities to make lando!.rnership adjustments to improve management efficiency for both NatLonal Forest System land and lntermingled private landi'to meet high prlority resource management obJectives. . National policy prescribes that Landownership AdjuEtment Analyses shal1 classify Lands for acquisition or conveyance to achieve the following obj ectives : 1. gnable the Forest/crass land to implement a proactive land acquisition 2. ::.t::":::'""."=.;"':"r.,,o .o acbieve the resr-slarive objectives ror which it was established; 3. Enable the forest Service to acquire lands valuable for recreatio'1, wildlife habitat, wilderness, and other natural resource management purPoses; 4. Enable the Forest Service to respond to dlrectlon given by congress for establLshnent of classified areas Euch as wildernessr natLonal recreation areas, and scenic rivers; 5. Consolidate landownership to improve operating efficiency, .improve efficiency fo! the development of private lands, and improve opportunities for corflnunity expansion; 5. Reduce the need for and number of rights-of-r.'ay to provide for public access to Nationa] Forest System land and private access to inholdings; 7. Reduce the niles of private/Forest service property line and to reduce the. mj.l.es of property boundary survey, poEting, and rnaintenancei 8. Reduce special use permit administrationt 9.. conveyance of 1ands, especially near communities, that are encumbered with private useE and where acgu5-sition of other lands can better',i serve the public interesti 10. Improve opportunities for agency and private partners to provide lecreational. wildlife, and other natural resource services; 11. Uaintain and improve the abillty to acguire key parcels through the Land and Water ConEervation Fund Composite Programi - 12. Reconcile Recreatlon Conposite planE with the Forest pLan. Under l'{anagement RequirementB in'the Forest Direction section of Chapter 3 in the Forest Plan, ceneral Direction statements describe Che priorities for landownership adjustments: 1. Classify lands for acquisition or to acquire interests where lands have been identified as more valuable for Nationat Forest purposes, or v,rhere current or potential use of private lands would adverseLy affect National Forest vaLues and where acguiEition would not transfer impacts to another site accordLng to the fol1or^,ing priorities; a. fn deslgnated wilderness areas and other Congressionally cl,assif led areas . b. Where lands or lights-of-way are needed to meet resource management goals and ob j ectiviti.es. c. Lands which provide habitat for threatened and endangered speeies of animals and plants. (.-t :bJ'\' t"r o !,ands whlch include floodplain or rretlandE. On lands having outstanding Eeenic values or critiial eco6y6tems, brhen these resources are threatened by change of usE or when management may be enhanced by public ownership. Lands whLch are National Forest essential big gane winter range NatLonal Forest purposes. rl €in character that providi and are valuable for other 2.Classify lands for conveyance accordJ.ng to the foltohring prioritiess a.To states, countLes, citLes, or other federal ageneies when conveyance will serve a greater public lnterest. d. fn emalI parcels intermingled lr.ith mlnera! or honestead patents. Suitable for development by the private sector, if development(residential, agricultural, industrial, recreatlonat, etc. ) is ln the public interest. When critlcal or unique resources (wetlands, flood gla!.ns, essential blg game winter range, threatened or endangered species habitatr historical or cultural resources, critical ecosystems, etc. ) onLy when effects are rnitigated by reservinginterest to protect the resource, or by exchange r,,,here other critical resources to be acquired aie considered to be of equalor greater value. rn addition' the Forest servLce HanuaL direction is to avoid the disposalof National Forest systern Lands occupied under term permit unless theexisting permitted us€: can be accomrnodated by agreernent with the Permittee. These term permits were issued and are administered based on afavorable determinatiotl that such facilities are in the public interest.rn many cases, these rands contain permanent impronements cruciar to the operatLon of the permj.t and may best be managed under the private ownershipof the permittee. The needE and concerns of ]ocal determining the desired future cotnmon boundaries. The Town of a set of goals for the desired planning horizon: corununities are an important component in condltLon of landownership patterns along Vail landownership working group formulated future condition based on a ten year 1.That there be no NatLonal Forese limitE of the Town of VaiI. That the Forest service survey, boundary of the Town of VaiI and €ystem }ands wlthLn the municJ.pal identify, and maintain the comrnon the Forest Service and that both q-., F.r agencies share in the enforcement of regulations pertaining to the boundary. The boundary has been simglified where possible. S.rregularities have been reduced or elininated. 3. That all land exehanges and purchases optimize both loeal and national public benef j.t. Conflicts with local interests are recognized in the decision making procesE of all land exchanges and purchases, and all effortg are made to address and mLnimize those conflictg. 4. That all lands acquJ.red by the Town of Vail are used for public Purposes such as open space, empLoyee housing (per Town of VaiI Employee Housing OrdLnance), recreation or for the re'solution of, unauthorized uses. 5. That the Town of Vail, Eagle County, or the Sorest Service acguire all privately ob'ned tracts, parcels, and previously unplatted lands adJacent to, and outside of, the cornmon Toh'n of Vail and Forest Service boundary. These lands are transferred to the National Forest system, Eagle county, or the Town of Vail where joint objectives are sati.sf ied . 6a That pubJ,ic access to National Forest system Lands be maintained or improved. Nev, accesE points neet Town of Vail and Forest Servl,ce needs - 7. That National Forest System Lands wLthin the study area that are encumbered with abandoned uses, unauthorized usesl or infrastructure related facilities are reduced or eliminated. 8. That the Town of Vail, and NationaL Forest recreation ooportunities are Jointly planned and integrated. 9, That all unincorporated, platted resldential areas within the study' area a)r€l annexed within the municipal limits of the Town of Vail. 10- That the wood fiber production emphasis management area (?E), aE identified in the Forest Plan, that can be viewed from the Town of vail be replaced by a recreation emphasis prescription. 11. That new developrnents are discouraged on private lands that exist outside and adjacent to the lown of VaiI. The above atatem€ntg represent both goale. that the forun of vail, Eagle county, and the Forest service will pursue in partnership, others are individual goals. For example, the discouragement of new developments on private lands (Item 11) is outside the jurisdj.ction of the Forest Service and would be the burden of the Tohrn of Val-l and Eagle County. s\ .8 v.POSSTBLE M;T\TAGEI'{ENT PRTCTTCES : Dlfferenceg betr^teen the existing condLtJ.ons and the desired future conditions Lndicate a potential opportunlty or the need to takE actions to achieve the goals and objectivee of the Forest PIan, Tbe meang to achieve the desired future conditionE ale possible management practlces. Comparing the existing condition of Landownership rlthin the Town of VaiI Special Study Area to National Forest policyt the goal and objectivEs found in the Forest Plani and the desired fulure eonditlon statements. developed by the ?own of Vail working qroup yields several potentiaL opportuaities for landownership management : EllmLnate National Forest System lands within the Town of Vail. : Inprove opportunities for local governments to acguire anal preserve oPen sPace. The Forest Serviee, Town of Vall, and Eagle County shall consider land-use objectivei established on lands adrninistered by the other parties Ln their tnanagement practices. Reduce the nurnber of NatLonal Forest special use permits for Town of VaiI infrastructure facilitles. e o.Eliminate Town of VaiI zoning of National Forest System 1ands. F,esolve all tille claims and eliminate aIl. encroachments involving National Forest Systern lands. Jointly plan and integlate recreation opportunities and facllitles. fmprove or naintain publi,c access to National Forest System lands. Neb, access points slrould Eeet Town of VaiI and Porest Service obj ectives. Reduce the private and National Forest boundary to reduce the extent of property boundary survey, pasting, and maintenance. 10. Jointly enforce regu }at ions 'pertaining to the management of the common boundary. 11. That all land exchanges and purchase.s optimize both local and national publ.ic benefit. Conflicts with local interestE are recognized in the decision making process of atl land exchanges and purchasee, and alI effortE are made to address and rninimize those conflictg. q-Jt' t'r 'I 2. ? 4. 9. The range of posslble managernent practices or authorLtLes for landownership adJustroents lnclude the purchase of non-Federal lands, donatlon of - non-Federal lands. exchange, EaIe of Federal landE to munlcipalitieF, and legislated adju6tments. The Town of vail landownership working group applied these authorities to the Tohrn of vail study area in an attempt to take advantage of the opportunities identified above. The reault waa a na.ffative and rnap describing desired managemen! practices for landownership adjustments (see .Attachment A) Once a landownership adJustment is propos'ed, a parcel specific environ$ental analysis wiII bi: conducted. This analysis rnust include a determi.nation of publlc interest and must consider a reasonable range of alternatives, including' no'action. The management practice identlfled for the €ubJect paaeel(6) (Eee Attachment A) would be on€ of the alternativeg considered in detail. The Forest Service decision maker may then choose all or portions of any alternative considered. VT. FORESI PLA.lf COHSIS1ENCY: The management practices identified above comply with the directives of the white River Forest Land and Resource Uanagemeat PIan and with aII legislatlve authorities. the selected management praceices are within the public interest. !t'& 10 ATTACA}ENT T lferratiy. rDd tt.p of Possibla I'fbuageleat Practices F. 11 Parcel 8: Thls parcel is Located along Gore Creek near the fnterstate 70 right of way and contains National Forest System Lands that have been annexed by the Town of Vail. Size:40 acres Encunberalces: Easement issued by the Department of Transportation for - fnterstate 70 and a right-of-way issued by the Forest Service for Highway 6 (Bighorn Road ) ZoniDg: Greenbelt and Natural Open Space District Ilazards: lOo-year floodplain aLong core Creek, two areas of medium severity rockfatL haaard. The Town of vail's Snow Avalanche Hazard does not include this parcel Unique Resource Val.ues: Wetlands along Gore Creek Possibl,e MaDageDeDt Practi.ces: Conveyance to the Town of Vail . The Forest Service would need to reserve access to the Gore Creek campground and woqld need to reserve trail.head parking and access to trailhead, Parcel G: This parcel is located irnmediately north of Priina Court and contains NaEional Forest System Lands that have been annexed by ehe Toun of VaiI. gize: S+ acres EncumberaDces: Easement issued by the Department of Transportation for Tnterstate 7O and a right-of-way issued by the Forest Service for Highuay 6 (Bighorn Road )Zoning: Greenbelt and Natural Open Space Distric! llazards: Port,ion of parcel within medium severity rockfall hazard Unique Resource Velues: potential wetlands Possible I'lanagement Practice: ConveyaDce to the Town of Vail Parcels c-2. c-3. c-4, and c-5: These four triangular shaped parcels are located north of Ehe Interst.ate ?O right. of way and contain National Forest .System Lands that have been annexed by the Town of VaiI. The intent of the annexation was !o capture the 'fnterstate 7O easement- Size: Undetermined Encum.berances: Easement issued by the Department of Transportation for I nterst at,e 7O ZoniDg: None Ilazalds; Parcel c-2 is within a high severity rockfalL zone Unique Resource Valuest None identified PossibLe Managersent Practices: Conveyance to the Town of Vail t"p !z I Parcel F: This parcel is located at the north end of Booth Falls Road and contaLnE National Forest SyEtern Lands that have been annexed by the Town of Vail. size! 14.8 acres ElcuEberaBc€E: Upper Eagle Valley water and Sanitatlon District haE a . h'ater storage facility on the parcel. under special use pernit ZoniDgt Public Use District, Torn of Vail is considering rezonlng to Agriculture and Open Space Bazardg: High severity rockfall zone, high hazard debris flow zone Uuigue Resource Velues! None ldentified Pqssibl,e UaBageDent Practice: Conveyance to the Town of VaiI for the southern portion of the parce] and deannexation for the northern portion. ?he Forest Service woul.d need to reserve accesg and trailhead parking for the Booth Creek trail Parcel E: This parcel is located at 1278 vail Vall.ey Drlve and contains Naeional Forest System Lands that have been annexed by the Tohrn of Vail.. gize: 10 acres Encu.a.berance s : Town of Vail has purchased ths northern one third of the parcel that iniluded a golf course maintenance faclllty Zoaings Greenbelt and Natural Open Space District Eazards: High and moderate hazard debris avilanche zonesi medium severJ.ty rockfall hazard zone; and possible snow avalanche influence zoDe UDigue Resource Valuesi None identified Possible }ta[ageuelt Practice: Conveyance to the Town of Vail for th€ northern portion of, the pareel (acconplished! and deannexation for the southern portion Parcel D: This parcel is located irnmediately south of ptarmigan Road and containE National Forest System Lands that have been annexed by the Town of Vai1. Size: 5 acres Eucumberaaces: Ptarmiqan Road crosses the northern portion of the parceJ. ZoDiDg: Greenbelt and Iatural Open Space District Eazards: High hazard debrls avalanche zonei medium severity rockfall hazard zonei and possible snow avalanche influence zone Uuique Resource ValuEs: None ident.lfled . Possible ManageEeDt Practice: Conveyanc€ to the Town of, Vail for the northwest portion of the parcel and deannexation f,or the remainLng po!t ion \-jrt l3 Parcel c: This-parcel is located funmediately south of Rockledge Road and containE National Forest Systen Lands that have been annexed by the Town of, VaiI . Size: 11.5 acreg EacunberaDces: The entire parcel is within the vail e{seociateg ski area permit. An unauthorized diversion structure exists near the center of the northern boundary. An unautborlzed driveway and numeroug landscape improvements occur on the western portion. Portions of, Rockledge Road are also located on the western portion of the parcel. Zottng z GreenbeLt Oper Space District Eazards ! The southeastern portion of the parcel is located h'ithin a mediurn severity rock fall hazard zone Uaique Resource VaIueE! None identified Possi.bl.a Uaaagelrellt Practicer Conveyance to the Town of VaiI, with grivate participation, of the western. portion of the parcel, up to the western bouidary of the adjacent Lot 1. since this parcel is within a \"r!nter sPorts special use permit, it is Lntended that thLs conveyance would occur with the concurrence of the permj,ttee, and that it would include only that portion of the parcel that is currently encurnbered with improvement E . The desired management practice for the remaining eastern portion ie conveyance to the permittee since this parcel also lies uithl.n the winter Eports special use permit. It is intended that this conveyance would occur otly h,ith the participation and concurrence of the Town of VaiI. Such conveyance would be subject to agreement on a conceptual master BIan to be implemented once tbe pareel is no longer in federal . ownership. The eonceptual master plan must accorrfiodate the exiEting pernj.tted uses and facilities and provide desired access for the permittee and the fown of Vail. Parcel B: rhis parcel iE located immediately north of the maLn Vail fnteretate 70 interchange and contains NationaL ForeEt System Lands that have been annexed by the Town of VaiI. sizer 4O+ acres ElcuEberalces; Public light of way. special use p'ernit for horse stables . and trail rides, and numerous utility corridors zo:riDg: AgricultLrral and Open Space Eazards: 1oo-year floodplain (spraddle creek), moderate hazard debris flol, area, medlum severity rockfall zone rUnj.que Resource Values! potential wetlands Possible l,lasageeeot practice: conveyance to the Town of ,Vail,*** Status Chauge: CoDveyed to the TowD. of Vail *** 74 Parcel ,n: !his'parcel is located inrrnediately north of VaiI View Drive and west of Potato Patch DrLve and contains Natl-onal Forest Systen Lands that have been annexed by tbe Town of Vail. siz"! 11 acreE Encuoberauees l VaiI Valley Drive and Potato Pateh Drive both tlaverse lhig parce I zosiDg: PubIic Use DistrLct Eazards: tOO-year floodplain (Red SandEtone Creek) and medium and high' severity rockfall zoneE. Uaique Resource velues: PotentiaI r"retlandE Possible ltaDageten.t Practice: Conveyance to the Town of VaiI of the southeast half of the parcel and deannexaton for the renaining northwestern portion vail das Scbobe Parcel: This parcel is located northeast of lotE 7, 2, J, and 4, Block H, vail Das Schone Filing No. 2. The parcel is entireiy t{ational Forest System Lands. Size; l'Iot determined Encuuberances: None ZosiDg: None Eazards: None identified Uaique Resource ValuesB None identifled Possible MaBagener,t Practice! Conveyance to the Town of Vail. Vail Eeiqbts Parcel.:These two triangul,a!-shaped parcels are located to the north of the Vail Heights subdivieion Ln West Vail. The Eagle County Assessor is unsure of ownership and believes that the Town of Vail nay be the owner. sizer Nog determined EDcumberaaces: None Zouing: None Eazards: None identified Uuique Reaource Values: None identifLed Possible MauegeEe[t Practice: If the Town of Vail acguires t.be property, then the Town uould convev to the Forest Service. n 15 Ladner Parcel:'.fhis unpl.atted, private parcel is located north of lots 8 and 9, Block l, vail Ridge (Cortina Lane). This parcel is located outside of the municipal boundaries of the Torn of VaLl. Size: 7.2 acres Egcu&Deraaces ! None identified Zoling: Resource (County Zonlng) Eazards, None identif l,ed Uaigue Resource Values: None identified Possible MaDagerlest Practice: If the Town of VaiI acguires the property. then the' Town r.rould convey to the Forest Service. . it:r,t status Update s Towa of Vait Ls io tbe process of acguirilg*** East Vail water tarlk Parcelt Upper Eagle VaIIey Water District needs to expand current storage facil.ity. This expansion may encumber National. Forest S)tsten Lands. Eag1e county AsEessor is unsure of ohrnership. Size: Undetermined pending proposal EDcrrtrberaDces: None ZoDiEg: None Eazards: High and noderat.e hazard d€bris f,Iow zones, medLum severity rockfalt hazard zone, and high hazard snow avalanche zone ttuique Resource Vatues! None identlfied Possible MarageDeat Practice: Convey a parcel sufficient to allow for needed expansion to t,he Town of Vail or Water DiEtricE u.Lbrich Properties (Lots 16, 19. apd 21): These three }ots are privately owned and are located within the Tolrn of vail municipal boundary in the West Vail a!ea. ?he lotE are imrnediately.. north of I-7O and lrest of the Veil Ridge Subdivision. Size: Lot 16 lE 1?.83 acres, Lot 19 !e 16.41 acres, Lot 21 is 13.4? actes Encuoberaocess Forest Service road and trail easemeDts Zoniug: Hillside Residential (Nov. 17, 199?) Eazards; High and moderate hazard debris flow zones, hJ-gh eeverLty rockfall hazard zone in the southern portion of Lot 21 Ulique Resource Values: None identified Possi.ble l.tanageEent Practice! If the Town of VaiI acquires these parcelsl then the Town would convey to the Forest servlce H .lo o LEGEllp trtsING sYsTltl I ;";es:-'- I **---*, l#i,ir mc*rEnm*:. . @ $:"tii1".ri.* I lm,l*,*:ar.e,ffi r,,^c€zq0€, l:F."l uGE@6/rclta*ioui:D F= .-*""."€o-'*"-, -GGhcllEloi'lo.ltt! -.] sEr"c.E*s",D. te ACTTON PAICEL l - X u*"esr*r' wz ^* f-l dE u.!, E 3?1'"Tsiu$s:?*, K\r\\ nro: rcrc+rrsenrcrE\_-:St ll0. m4Eaal [---I rw"e,m, uegr *avtrL:,'-'J Gdrrocrsr, F:: moft6.DilvEoof.MDrur F:! ,u*€o]x,,,84u,{ F - i rroElo rro..nrr rn^r E **"'*--*** )r- i t t ; - -- *.- r)' \---sj: /+- Attechment A From:'To:Andl. Printed by Anciv Knualtsen 7 /L7.11:03am S tr 3 an Conne 1 1 lz KIIudCsen, Suzanne S l ].verttrorn su.bj ect : fwd: Housingf Issueg ===NoT,e=== =='7 /L'7 /96==9 :55arn== r hlwe reserved one laour of Bab's time on Tueeda.y irrr].y 3O from 2:3O until- 3:3O co discrrsi chrj-s wrig}.t's points alf,out tstre lJand use Plarr and tf sFs exctrangfes, as weff as trow Eo use t-tre communi tlt ssu='ttel. resu].tss re: trousing issuee and metstlod;. Pl-ease tr)]-an t.o a.eEend' F wd=b]r : =Andf/:Knudtsen=:::==:==Fwd t,o: susa.n Conna11l. we do not trave Che prob].em we t'hougrtrt we did. After rewiewing the cext of boct! documentss, \^re are olt- I stronglfr iecommend thats r^te do nots tsry Co amend t:lae l-a.nd Use P1an, or e1/ert gets btre can operrer near t}.at can-o-worm€ - wtrats we Do rteed €o do, is revelw t}. e dosumengs a.nd prel)are a. regponge for Ctrris wrigtrts | s comrnent that f ormer ItsFs aand strou].d be maintsained as oPerr E pace . Page: 1 Printed by Ancly Knudtsen 11:03an From: Susan conne].]-lt Ro: Bob Mclraurin subjects: Red Sand€tsone Housingt ===NolnE=== =='7 /L6 /96'==6 :27pm== CC: Andlz Knudtsen' srlzanne gilverttlorn Andy and r actended ttre wacer f)islrictrs meetinq tshis afcernoor! re; che proposed Red sandstsone Road ]"ocals lrousi.ng deveaotr>ment. Plantte]| Tom Braurr a.nd arct.j-tects Jim Mort-er arrd Feaff gave excel].ent tr)resentsats iorrs rer tshe conceptlra.1 site paan artd the concepCua]- bui].ding desigrr, as wel l as tslae sctledu].e f or submi tcal ' de\'re l opemn t revl.ew and congtsruction- "Itrere were no detsai].g awaj-table re: tr>urctrase 5>rices 'In add1tsion to tshe Yilatser DisErice boa"rd and staf f , t't:ere were approximateay 22 peop].e in atstendance, liecruaing' sybil- I and t udi - Ttrere were vtRY f evrt guEs tions or colrunentss - ctrr i s wrigrtrt, Larrfr Barnest and Petser Jamar(afi oi ttre Potato Patctr C1t$5) ttad been briefed earlier (and aPParentsly receirzed a rea]- tonqrte- 1ashj-ng from Pat Dauphirrais ) . other tharr desig-rt issues, the major comrnent6 r^tere regarding t'he deed rtstriccions and ch.e use of ttsFs la.nd.ebris wrigfhe recotrllrnartded' a'qa.insc a 3t eap orr annuaf. appracl-atsion .AND tstre 10? cap on capl-t.a]- improvemencs r sugescing Eha.t Ehel. wou]-d be aj-iincenEives Eo maintenance and r:pkeep of che propeft'ies g|iwen irrf 1atsion natsionally artd j.n l/ail - soe of her Doings arE wc'r ltr ].ookinq ineo, for vai]- Commong, too- Ctrris a1so str)oke againsts tstre TO\/ uge of excl.arrqie propert!' for develotr)menc - Andlz told me 1atser ttrats our l-986 ]-and uge p].an does' in facc, sa]' btrats t}- e Town wi 11 not do ttrats ' but t'he 1-994 IroAA atlticj.pates possib]-e use for empaofree laous inq -t^[e rleed !o ettrratsegize a]>out how to deal wittr this - Andft and r tra\ze somej.deas and wil]. coordina.te with Anne tso set up a time Co meet with You- We wou].d ].ike suzanne to be 1nvolved as well tro treap us inEerpreC t'he community Survey resrrats re: !)referred metttods of tr)rowidi-ng local-s frouaing. We need to l:e srrre gtta. t the couneil is on board wlt.tr our ttous inq Icrategy (and our communcia.tsions strateg|y) before we walk intso a buzzgaw. Pagel 1 o CHAPTER II . LAND USE PLAN GOALS/POLICIES The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughoutthe project. A set of initfal goals were developed which were then sub-stantially revised after different types of opinions were brought out inthe second meeting. The goal statements were developed to reflect a general consensus, once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goa'l statements were then revised through the review process with the Task Force, the Planning and Environmnta'l Cormission and Town Council and now represent a policy guide-line for the Land Use Plan. These goals are to be used as adopted po1 icy guidelines in the review process for new development proposals. These goa'l statements should be used in conjunction with the adopted Land Use Plan nap , i n the eva'l uati on of any devel oprcnt proposal . The goal statements which are reflected in the design of the proposed Plan are as follous. :1. General Grorth/Developmnt Vail should continue to grow in a control'led environment, maintaininga balance between residential , cormercial and recreational uses to ierve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of deve'l opment should be maintained and upgraded whehever possible 1.4 The original theme of the old Village Core should be carried into new developrmnt in the Village Core through continued implementation of the Urban Design Guide Plan. 1.5 Conmercial strip development, of the Valley should be avoided. 1.6 Development proposals on the hillsides should be evaluated on a case by case bas'is. Limited development may be permitted for sorne low intensity uses in areas that are not highly visible from the Valleyfloor. New projects should be carefully controlled and developed with sensitivity to the environment. L.7 New subdivisions should not be permitted in hign geologic hazard areas. 1.8 Recreational and puolic facility development on National Forest lands may be permitted where no high hazards exist if: a) Conmunity objectives are met as articulated in the Comprehensivc Pl an.b) The parcel is adjacent to the Town boundaries, with good access.c) The affected neighborhood can be involved in the decision-naking process. ! 1'9 l'latlonal Forest,rand which is exchanged, sold or othemise falls intoprivate ownership strouto'remii-n u, op.n space and not be zoned for^ pri vate development. e1L|::rl:lir:-r-:r Town owned rands bv. the Town of valr {other than parks\:ano open space)-may be- permitted irre"e no'niin r,iri"o, exist, if suchdevelopment is for pub.tfa;;e. -- 1.12 1.11 Town owned lands shall not beleased to a private entity or-publ ic hearing process. sold to. a private entity, long termconverted to a private use witfiouC i the additfonal growth in exlsting as being a desirable land feature asuse. suflmer recreational and cultural oppor-touri sm. non-skier recreational options to improve Vail_ should accomoddte most ofdeveloped areas (infill u""uri. -- 'Vail recognizes its stream tractlreu as its potential for public 2- Skier/iburist Concerns 2'l rhe cormunity should emphasize fts role as a destination resort whireaccomnodating day visitors. z'2 :l-he st<i area owner,_the business cormunity and the Town leaders shourdwork together crosery to mare-ixist'ing ticiiitiei .-nr tn. Town func-tion more efficfentli 2'3 The ski area owner, the business cormunfty and the Town readers shourdwork together to improve facifiiiJs for diy if:."i.'--"' 2.4 The. cormunity shoul d improvetunities to encourage surmer 2.5 The cormunity should improveyear-round tourism. 2'5 An additiona) gorf-course is needed. The Town shourd work with thedown valley commlnities to o"r-"i-op a public aolf course as we, as?::iir;i:i:s facitities to serve ure resionai d"r.nd',"o" "e""*iiionii 2'7 The Town of vail shourd improve the existing park and open space randswhile continuing to purchase-of.i"rpu... 2.8 3:1.;lJ:"rJ,.r"1,';::f.T-JJ: and access shour d be accomnodared throush a) Increase busing from out of town.b) ^Ellln!!!^ry_lnti of ui".ri'ti' tne mountain by addins additionatoase portal s.c) Continuino-to.provide temporary surface parking.d) Addtion 6r structur"a-ii;iliii. 3. Connrercial 3'i rhe hotel bed base shourd be preserved and used more efficiently. lI ir I il I I I I I I I T I I 3-2 The village and Lionshead areas are the best location for hotels to serve the future needs of the destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condoniniums should be discouraged. 3.4 Comnercial growth should be concentrated in existing cormercial areasto accormodate both local and visitor needs. 3.5 Entertainment oriented businesses and cultural activities should be encouraged in the core areas to create diversity. More night tine businesses, on-going events and sanctioned "street happenings" should be encouraged. 4. Iillage Core./Lionshead 4.1 Future cormercial development should contfnue to occur existing cormercial areas. Future comercial development areas needs to be careful'ly controlled to facilitate del i very. with the market p1 ace demands for primarily in i n the Core access and 5.2 @ 4.2 Increased density in the Core areas is acceptable so long as theexisting character of each area is preserved through implementation of . the Urban Design Guide Plan and the Vail Village Master Plan. 4.3 The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental qual ity. ) 4.4 The connection between the Villaqe Core and Lionshead should be enhanced through: a) Installation of a new type of people mover.b) Improving the pedestrian system with a creatively des'igned connection, oriented toward a nature walk, alpine garden, and,/or sculpture plaza.c) New development should be controlled to limit cormercial uses. 5. Residential 5.1 Additional residential grorth should continue to occur primarily inexisting, platted areas and as appropriate in new areas where high hazards do not exi st. Quality tlme share units should be accomodated to help keep occupancyrates up. Affordable emp'l oyee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Yail,with appropriate restrictions. 5.4 Residential growth should keep pace a full range oi' housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accormodated at varied sites throughout the conmunity. 6. Conrrunity Sewices 6.1 Services should keep pace with increased growth' 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adiusted to keep pace with the needs of peak peri ods . A nunber of additional goals were developed as a result of the public meeting input. Tnese goi'l s lere related to other elements of the-Conpre- hensivi Plan such is Farfs and Recreation, Transportation and Economic Oe"-eioir"trt. ihesJ a"e inc1uded only for informat-io.nal pu-rposes.in Appendix B. These goals are not consideied as a part of the goals adopted in this Land Use Plan. 8A 75 South Frontage Road Vail" Colarado 81657 970479-21W F4X970479-2157 MEDIA ADVISORY December 18, 1996Contact: SuzanneSilverthorn,47g-Z1,ls Community tnformation Office VAIL TOWN COUNCTL HIGHLIGHTS FOR DECEMBER 17 Work Session Briefs council members present: Armour, Foley, Ford, Jewett, Johnston, Kurz, Navas -Red Sandstone Locals Housing Development In preparation for the evening meeting, Council members met with representatives from the board of the Eagle River Water and Sanitation District to discuss details associated with the proposed locals housing development. Distribution of units and the inclusion of free market units were two points on which the two boards focused. Five of the 17 units will be controlled by the Town of Vail to represent its 25% share of the partnership, while water district representatives said they intend to control the balance. There is the potential for four units, which have been the focus of previous discussions, to be sold as free market or "modified restricted units" (sold to a local employee at market value with no restrictions) if needed, to help lower the selling pric6 of the otherunits. Board members said it was the district's intent to use the free market or"modified restricted" approach only if construction costs require a contingency plan to ensure the rest of the project is affordable. The group agreed that both entiti6s would be involved in that decision once construction costs are determined. The plan calls for three of the Town of Vail-controlled units to be sold to life-safety employees (such asfirefighters, police officers, snow plow drivers and dispatchers),'while the other two units would be sold to_TOV employees at large. Theie would'be trnro lottery drawings, one for each group. During discussion yesterday, paul Johnston said he'd prefer keeping the units as rental property Sybill Navas raised questions about tlie possibility of retaining ownership of the land to further preserve deed restrictions placed bn theunits. The two said they didn't want to see another Pitkin Creek slip away from the deed-restricted locals housing inventory. But Jay peterson, a water boaid member, said the town had a buy-back provision in the Pitkin Creek project fiust as it will have in the Red Sandstone partnership) and for whatever reason, tiiaf Uuy-6a6k option wa$n'tpursued by the town. Rob Ford, Ludwig Kurz and Kevin Foley said they were comfortable with the deed restriction safeguards placed on thb project ind suggested it was time to move forward with town approval. Michael Jewett said he'd tike to iee the town purchase as many units as possible. Jim Lamont of the East Village Homeowners Association said his group was comfortable with the lottery process proposed for the town's units and expressed interest in learning how the witer district would allocate its share of the units. A letter from Bill Wood, U.S. Forest Service district ranger, also was' (more) {jiu"n*or o* TOV Highlights/Add 1 reviewed yesterday clarifying support for the project. The Council tater approved the project at its evening meeting. For more information, contact Andy Knudtsen in the Commu nity Development Departmen t at 47 9-?140. --John Gulick Employee Recognition John Gulick, assistant fire chief, was recognized for 20 years of service to the town. He received a certificate and a check for $2,000. -PEC Review ln reviewing Monday's actions by the Planning and Environmental Commission, the Council was advised of an extension of a previous condition placed on the Public works Town shops expansion project. The pEC has extended to July 91, 1997, the condition requiring the issuance of a building permit for three employ6e housing units to be built on site. originaily, the pEc had riluired rhe permit to be issued prti'r to issuanee of a temporary certificate of occupancy for the expansion of the bub barn. Due to the expanded scope of the housing development, additional time had been requested. The expanded development will be constructed in the summer of lgg7 with occupancy for seasonal workers by November of next year. For more information, contact Andy Knudtsen in the Community Development Department at479-2440. --lnterview Applicants for 2 Marketing Board positions The Council conducted interviews toi nro open positions on the Vail Valley Marketing Board. The applicants included Kaye Abramson, Robert Batchelor, Andre Fournier, Howard Leavitt, Beth Slifer (asking for reappointment) and Lai Tischer. Later in the evening, the Council reappointed Slifer and selected Fournier to serve four year terms. Slifer is president of Slifer Designs; Fournier is marketing director for the Vait Cascade Hotel & ctub. -Ordinance Allowing Time-Share As Conditional Use In Public Accommodation Zone District After reviewing an ordinance that would allow time-share estate units, fractional fee units and time-share license units as conditional uses in the Public Accommodation zone district, council members expressed concern about the broad scope of theproposal. Those concerns were repeated at the evening meeting and the ordinance forfirst reading was tabled to the Jan. 7 meeting. The ordiiance is-proposed at therequest of Sonnenalp Properties, Inc. The ploposal includes a fiactionat fee club redevelopment of the Austria Haus property at242 East Meadow Drive, in addition tohotel rooms and other improvements. Approval of fractional fee club units as a conditional use within the zone district is needed before the applicant is able toproceed with its request for a Special Development District foi iedevelopment. Duringyesterday's discussion, Council members heard an overview of the fraciional fee concept, including a successful example buitt in Deer Valtey. Although councilmembers praised the Austria Haus proposal, most said they were uncomfortable allowing the more traditional time-share approaches (estate units andlicense units) within the scope of the ordinance. Rob Foid, in particular, said he (more) TOV Highlights/Add 2 wanted the provision to ensure retention of existing hotel rooms. The applicant then proposed narrowing the ordinance by focusing on the fractional fee concept and eliminating the other time-share provisions (which are already allowed as a conditional use in the High Density Multi-Family zone district). Jim Lamont of the East Village Homeowners; Dan Tellen an adjacent business owner;and pam Hopkins urged-the Council to proceed with caution. Please see evening briefs for more informition, or contact George Ruther in the community Devetopment Department at 479-2145. -West Vail Interchange Design Update During an update on the West Vail roundabout design, the Council agreed to take alow-maintenanc€ approach to the landscaping plan. Councilalso ap[roved a proposal to construct a bike path at the south side roundabout at grade rather than incui the cost and other problems associated with running the path beneath the road. Also yesterday, the Council approved a plan to involve the public in developing a schedule for construction. The public process wilt occur in January and Februaiy. -lf the town findslunding partners for the $5.5 million project, construction could begin as early as March 31. For more information, contact Larry Grafel in the Public Works Department ar 479-2173. --lnformation Update The Council agreed to pursue a discount ski/park promotion with Vail Associates that would occur on selected weekdays leading up to Christmas. Kevin Foley encouraged the town to prepare its overflow parking plan for the coming weekend. ln replacing the town's computer systems for dispatch and finance, Town Manager BobMclaurin said the cost will tikety exceed the gF00,000 currently budgeted. Mcliurin said he would provide an update in January. Town Attorney Tom Moorhead indicated representatives from the Alpine Gardens had inquired about negotiating a new lease with the town. The Council indicated that specifics of the lease could be finatizecl following adoption of the Ford park Management Plan in February. Evening Session Briefs council members present: Armour, Foley, Ford, Jewett, Johnston, Kurz, Navas -Citizen Participation Mary lsom, a local attorney representing Bob schultz, owner of the popcorn wagons invail Village and Lionshead, appeared before the Councit to ask for a discussiorion the lease issue. Council members indicated the discussion would take place in 19g7,possibly in the Spring. lsom explained that Schultz was aftempting io sell the business and was interested in knowing it the town would agree to an extension of the current lease, which expires in December 1997. Town Manager Bob McLaurin saicl he would not recommend an extension. (more) TOV Highlights/Add 3 --supplemental Appropriation The Council voted 7-0 on second reading to approve a supplemental appropriation to the budget in the amount of 91.2 miltion. --AnimalControl On a 6-1 vote {Jewett against) the Council approved a resotution authorizing the town manager to enter into an animal control services contract with Eagle counry, The contract is for $23,704 for one year. --Appointment of Two Marketing Board Members The Council reappointed Beth Slifer and appointed Andre Fournier to the Vail Valley Marketing Board. Both will serve four year terms. see afternoon briefs for more details. -Ordinance Allowing Time-Share As Conditional Use in Public Accommodation Zone District The Council voted 6-0 (Johnston excused himself from discussion due to a possible conJlict of interest) to table first reading of this ordinance to the Jan. Z evenihg meeting and directed staff to tighten language in the ordinance to prevent possible abuses. While applaudiry a proposal to use fractional fee units to help recievelop the Ausria Haus site (which triggered the proposed ordinance), Council members said they were concerned with abuses that might result from the ordinance as currenily written, Please refer to work session briefs for more details, or contact George Ruther in the Community Development Department at 479-21 45. -Red Sandstone Locals Housing project The Councilvoted 6-1 (Johnston against) to approve a resolution directing the town manager to execute an intergovernmental agreement between the town and the Eagle River Water and Sanitation District on the Red Sandstone housing partnership. Als-o, the Council voted 7-0 on second reading to rezone the propertiesirom generit use to medium density multi-family residential. A third measure, to create a $fieciat Development District for the property, was approved on second reading by a 6-1 vote(Johnston against due to flat roof architecture). Please see work session-briefs tor more details, or contact Andy Knudtsen in the Community Development Department at 479-2440. -campisi Appealof Planning and Environmental commission Decision The Gouncil voted 7-0 to uphold the PEC's denial of a site coverage variance to allow an additional one-car garage to be constructed at 742-8 Sandy Line/Unite B. Council members said they couto fna no hardship that would enable the variance to be approved. For details, contact Dominic Mauriello in the community Development Department at 4Tg-21 49. --Town Manager's Report Bob Mclaurin said the Colorado Association of Ski Towns meeting was scheduled forJan' 9 and 1o' (more; TOV Highlights/Add 4 --lnformation Update Paul Johnston asked about the town's new loading and delivery policy in the Village. Police Ghief Greg Morrison explained that large trucks on Hanson Rahch Road w6uld be prohibited at all times. Johnston inquired about a community safety officer position to be staffed at the Vail Village Club construction site. McLaurin saiO ihe position remains unfilled. --Council Reports Sybill Navas updated fellow council members of her meetings with the Northwest Colorado Council of Governments, the Chamber, Gqmmission on Special Events and Activities and the Vail Valley Exchange. Kevin Foley passed along a thank you from the Vail Recreation District to the public Works Department for its assistance in removing a sign at the golf course erected by an anti-fur group. He also updated the group on nis attenoance at the Eagle county Transportation Authority meetings. Foley also inquired about the approval status of tne ski storage sheds in Lionshead. Bob Armour thanked the town's social committee for organizing the holiday party. Condolences were expressed to the family of Gindy Nash. UPCOMING DISCUSSION TOPICS January 7 Work Session Mike Vaughn 15 Year Anniversary Joe Busch 10 Year Anniversary Discussion of Proposed Changes to Investment policy Ti me-Share Ordinance Discussion Executive Session January 7 Evening Meeting First Reading, Time-Share Ordinance January 14 Work Sesslon PEC/DRB Review Executive Session ### TO: FROM: STIBJECT: DATE: MEMORANDUM Town Council Andy Knudtsen Susan Connelly Red Sandstone Locals Housing Development December 17,1996 Below is the staffanalysis peraining to the four remaining issues. -AI. Rezoningand Special DevelopmentDistrict. -/t*:Itr'\ Please see the attached memo to Town Council dated Novernber 19, 199{ | / *u:f* ^ | summarizing the recommendation for approval for both the rezoning and SDQ ' ^ , h \ requests. The memo to PEC dated October 28, 1996, has also been iucludedYor_- (i, , iF-)yourinformation. \ "t#, *\II. Concems about potential limitations by the Land Ownership Adjustnent Agreement \ - 1b.", ttt(J ( (LOAA) between the Town of Vail and the United States Forest Service, | /"ftf(t' ) Please see the attached letter from William Wood, District Ranger Holy Cross | ^^'ffi Ranger Disbict, clarifying that the proposed use of the site does not jeopardize\the ofl," 1.. agreement with the Forest Service, nor is it in conflict with the LOAA. W ^lL{' I | -lua f '-)-. ilI. Distibutionsofthedwellingunits. I _--/-.-- \ Please see the memo from Tom Braun dated Deeember 9,1996, outlining tbe lL'' -/' ,_ hrl rtions of the dwelling units J ,-.-7----'\ Please see the memo from Tom Braun dated Deeember 9,1996, outlining tbe I-' -/, n--tr4WaterDistrict'scurrentthinking. 4 A..,F' I Conceming the Town's five units, Council has previously ageed tbat three be I 4-l l I I dedicated to life-safely employees and two be open for all TOV employees. Life- | - 'l I "Vrlf' , \ safety would include fire fighters, dispatch, potice officers, code eirforcement I lu'tl,b"C \ officers, and snow plow drivers. There would be two lottery drawingso one for | [*li,' "r, \ each group. Given the number of available units (three and two, respectively) and\ iw l*- I the number of interested employees (currently 22). staff believes that the simplest L,{/" i lottery process makes the most sense. When the life-safely pool is exhausted, life- \ ' .,,,oV 1 safetyemployeesmayjoininthesecondlotteryopentoallTOVemployees. The \ 'y" , ^,f I minimum requirement for submitting one's name into the lottery will be providing I /)Cdn "' t a mortgage pre-qualification. Owning residential property in Eagle County will I - . , f t tl disqualifu a potential participant from either pool. If three life-safety employees doi Wl.hzo \ aot choose to purchase tbese homes, the Town will purchase the homes and make i T ,n I them available to TOV life-safetv emnlovees who mav rent them. \ rWt . I \ disqualifu a potential participant from either pool. If three life-safety employees doi w Lhzd I aot choose to purchase tbese homes, the Town will purchase the homes and make i T , n I them available to TOV life-safety employees who may rent them. I .flji1^"f )IV. FreeMarketDwellingUnits. t oi -rL,) Please sec the Tom Braun memo dated December 5, I 996, describing several ', F:ml scenarios for the development, including if free market units are included. \, 'u" " I --) --' -----Jur,'E' ll llsElll4tl\et u'ru) ' ,Y :C I RESOLUTTON NO.23 SERIES OF 1996 A RESOLUTION DIRECTING THE TOWN MANAGER TO EXECUTE THEINTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OT VIiI.IHO VAIL VALLEY CONSOLIOATED WATER DISTRICT. WHEREAS' the Town of Vail and Vail Valley Consolidated Water District have entered into a partnership to construct affordabre housing within the Town of vair. NoW THEREFORE, BE lT RESOLVED by the Town Council of the Town of Vait, Cotorado, that: 1' The Town Manager is hereby authorized to execute the Intergovemmental Agreement with Vail Valley Consolidated Water District as attached hereto as Exhibit A. 2. This resolution shail take effect immediatery upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 17th day of December, 1996. Robert W. Armour, Mayor ATTEST: Holly L. McCutcheon, Town Clerk R.rolrrlrn i,lo. 23, s..ie.r oI 1s€6 e INTERGOVERNMENTAL AGREEMENT This lntergovernrnental Agreement ('?greement') is made and entered this 29th day ofMay, I 996, benveen vAlL VALLEY CONSOLIDATED WATER DISTRICT C.wcwD') -a rowi,i OF VAIL, COLORADO ("Toran'), collectivelyreferred to as..parties". WHEREAS, WCWD is the coordinating entity and developer of a proposed multi-unit housing project to be used primarily for the benefit of employees in ttre gagte Cormty region("Project'); and WHEREAS, Town wishes to participate in the Projecl and is willing to contribute an adjacent parcel ofproperty owned or to be acquired by Town toward the projecg and WHEREAS, wCwD hss detersrinedthatthe addition ofthe Toumproperty contributed by Town would benefit the Project by maximizing the nuurber of housing units tha; could be marG available; and WHEREAS, VVCWD and Toram have both determined that the provision of housing for the benefit oflocal employees is an appropriate, necessary and valid public purpose; and WHEREAS, Parties wish to allow for Town's participation in the Project pursuant to the terms and conditions of this Agreement. NOW, TI{EREFORE, in consideration of the terms and conditions of this Agreemen! the sufficiency of which is mutually acknowledged, parties agree as follows: I ' ConveyAnce of Town Propertv. Town shall diligently pursue the acquisition of a parcel of real property presently owned by USFS, and more particularly described on Exhibit A which is attached and incorporated by this reference ("Town Prope*:/). This Agrecment is expressly contingent upon Town's acquisition of the Town Property from USFS. IfTown is unable to acquire the To.m Property, this Agreement shall be of no force and. effect. Upon Town's acquisition of the Town Prc'perty, it shail contribute the Town Property to the Projecg via special warranty deed, prior to the issuance of certificates of occupancy on the project 2. Rezoning of Town Ptopertv. \ /CWD sball be pursuing tbe rezoning of the real Property that will be the primary parcel of land used in the affordable locals' employee housing project Concurrently with VVCWD's rezoning effor6, Toiyn shall initiate ressning of the Town property. Town,s efforts to rezone the Town Property shall be initiated even prior to tbe Town's conveyance of the Town Property to the VVCWD, if necessary. WCWD shall assume the role of the primary proponent for the concurrent rezonings, and Town shall cooperate with WCWD- Exhibit A NOTE: Thie is Agreement. as presently constituted. and arnendment as agreed between town Council Water Disrrict ar 12/L7 /96 work session. I a It wll-l be subject to discugsion and Vail ValJ.ey Consolidated tt l J.r. . In exchange for 1"*j_."-",:".:1T:_: il* 1",y rlop.:.r, to tr,iffie the opporhrniry ton-a{cipate in the Project..fn addition to its conveyance of the Town property;;;;6;;;# shall provide a cash contribution as funds are expended on the Proiect. WCWD shall maintain cnti _fol$l ovelthe defgn and development of the ilojecte/ p@*i€hunits in theProject"rc leasediisol{Eqect to66 foiloffi \Senerar euidetinT: :i!1|{:; ?;::;::Z:f ;::,";;:generalguidelineg: . slql-!e-*u ^,ri.ii;.1 -"A cn"iuoJ,,- / e# t{"' - ' t- a gza-< tb./ , ,*=Va. A minimr:m of 7SYJof th" t",tr1,,*i.r',cr.,,.rAi ^r.L^ r-r--V^' A minimum ot lsvy'ofru" .y',iF"onstructed as paxt of the proiect -r(including units c,gdsuucted,y'nthe Town Property) rhat u" o..*i"juu eWfr., #f;:3.j1*,Tgitglecojory-dg:lfyries. wcsffi \ _---9 _.individnals wbofe errryloyfi,in Eagle county ana tneir ramili"r. wi-uft Ia1d.Town may{iM#&&n, offerup tozlvoofthetotal number I I ot the :o.Tstucted.yts as 'tee market" units for the pupose ofreducing the I l:::::r"*: remaining units eq'ralty tbroughout the project oo " "orf W";f ljguare tbotage basis. shall maintain soFJEgt'brffrk :t to the follor@=" .sft a4e t<nacoi ,/ - I an ownershlp rnterest in @) of the rmits{a / ::sp:'..a t / +e_4 unitffipon t 1r1lllefe1ofthe*Qiect. The r.rnits to be ownedbyTown upon completion\ of the Project shall !e referred to as "Town units." The interim cash , coatributions made by'pw'' sha[ be applied to the p,rchase of rown Units./ -th<-v"- For those'nits reserved for occupancy by rocal emproyees, wcwD and Town will establish and implement a maximum .up oo-uppr"riation for re- sales in order to ensure the long term affordabili$ ofthe housing units. All units shali have a deed resticti# ,u M*#lf' 4,i;Witu;ffirhtrffitrH o a I I I IN WITNESS $IIIEREOF Parties have caused this Agreement to be executed as of the day andyear first above wriuen. VAIL VALLEY CONSOLIDATED WATER STATE OF COLORADO )) ss. couNTY OF EAGLE ) nrr*.fr" for;qoin8 Intergovernmental Agreement was acknowledged before pe this _ ^\ -_*V of I n(a' *, . , 1996, by Frederick p. Sackbauer, IV as Chaimanand ljyron D. Broud as secretary of vail valley consolidated Tyater District. TVitness my hand and offrcial seal. Noary r,/ My commission expires: qfeil?O 3 I I I IN wITNEss WHEREOF Parties have caused this Agreement to be executed as ofthe day and year first above written. nte: Trm &!.W TOWN OF VAIL My commission expires: STATE OF COLORADO COT]NTY OF EAGLE )) ss. ) of Town of Vail, Colorado. Witness my haad end official seal. ***$HB#[H5*- ?5 & FtodlSlRoad 4 IEXHIBIT A PROPERTY DESCRIPTIEN I porcet of tand within the NEr/4 sEr/4 Section r, Township SSouth, Ronge 8l LJest of the Sixth principot Merldion, Eogfi - County, Col,orodo, described os foItows, Beginning ot o pornt on the southenly tine of soid NEI/4 SEl,/4sect.r on l-, so id po r.nt o r.so be rng the'nonthwester iy cJrner orBiock D, Lion's Ridge SubdiuisrEn, occordtng to tire-mop thereoFneconded in Book al? o.t poge_649 in the oFfice of the LogteCounty, . Co lorodo, C terk oni Recorde"i irrence, -c"po"ling ,o ro :9u1!ef (y I Ine, Naa.33,00,!,, 94. 13 feet; thence tq?g.+S;Eg,E55,05 feeti thence 53,85 feet otong the orc oF o curve to thef:9llt-lguing o rodius of e00.00 fFet, o centrot angte of15'45'35'o.nd o chond thot beo,ns N57.e9,16,E 53.gg Feet;thence 41.90 Feet otong the.onc of o curve to the right, hoving orod;us of ?7.00 Feet, o central ongle of gg.Sc;i4,,'ina o cnonOthot beans S70'e1 '44'E 37,82 feet;-thence SaS.S+;Si.i ill,+ZFeet to the. sord southenty trne oi ttre NE r/4 ir i7c-sectron 1,sqid Iine olso being the irortherty ( ine of soro-Bloc* ii tnence,o[ongsoid[ine,S87.48,35,Vl50,82teettotheFoin{og Beg;nn ing, conto in ing 0.3964 ocnes, none on less. T1"..!:ttilg: 9F the qbove described porcet ore bo.sed on o beo,ninooF N87'48',35iE on the southerty tine'of the r.rErTq-iir74 s";;;;;"'l, TSS, R81W, pen the ptot of Lion,s niage Sunaiuril".. D"te' -/y're--- Cotonodo P.L.S, a6599 t I I il?t. 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FO{Jr$AltOl{ Pr tl itoT av lL BLE FOR E(xL'OlilC oill8lgq{s 3 ToFoGR^Pr,rY qi 8€O SAl(06lOrE Ro D INIBPo( TEO fROr ^ i.ErfilY PRO€CT. 4. ^OO]KIIA TFOGNIPHY |5 |r€EEg FOR ACqJR^1€ UNU'Y LOCri{f( TOP G fiIOGE GfiAl}€s' qrP tOCAtlOl{. ^rrcFLOO PtAii r {rss. 5. ^BSRETIAIED FLOS P|ATT '.|||A16[5 TO B€ F'ERFORI'€O AFIER gJR\,f Y r{FOFnAIlOl{ ogTAliEIl. e G onmv.ee R€pGr FoR alstt AflD osqlARcE rfontalllofl- z.a(L =J :) t z. ==l!IE <e EE:d Er *d :.8 HJ ba 5; Hs% lE6ra u f'EH.#h#J* BI"-OG, Pflr cr 'c" F&E- | c.m€ --I i I I I I I \Liffib=*#-5 J-4rJ-tr, JoB# 96462 rttio)c LocattoN - lnr7r',iE tarErtxr \ \foi lio*riEE \ \oirvE \ !s\ ''' I glTE PLAN {PRELTMTxARY) i-1\. i' - 2o'- or \.j_, i^r- --\-a l"*"-r^ F-\Nk'oon,ro*" LEGEND ----- EX|ST!N6 2 CONTO{]i- - - exlg-lt'rc tq coriToun!.D., ltlsl1|G 9P0T CiIDE - ciorcset 2 ccdiDui_ .rcrcaeo rc. coNr€ur :,i0TES r ffi 'ry|rrlo nt l..!r Y&!!' ehrYrd€ D^rt 0' srirtY, rnr/I..rr9 0F Erav Tro{ *n6a-5rso.! 1. 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SOUTH ELEVATION \'/ rr+. r-0. r}. EAgT ELEVATION lr)g<*- ld)<: H* tY. Cf) FQ3L f P3-z 2u r = sa=F>-E (') < m?E.3;g .Z- E E lLlrr tll J3= 3Htu -'JfoE IU F E.F('+5 3(Jz *6:E?-e -o[93^s€9+dJcod)P* I .5 i1D -96 r ='EEs,333 iEs*uIo=E ff IU --J(9 Itl /,\ NORTH E-EVATIONl4 \-./ SCALE, '/8rr. :t-Or, WEgT ELEVATION gOUTH ELEVATION EAST ELEVATION f9<rla6: H- FtEh f p8 Z. 7 u-t -:= sFT .4tf) d F?E (9 =:dZ e.H. ua---.a rlt Jo= IJE ulr""4 lll34 nJ .^.9OUTl- ELE'"ATION \-/ scare. 1/8t - :'-a' WEST ELEVAT]ON NORTH ELEVAT1ON EAgT ELEVATION SCALe 1/Ar r 1r-On9CALE lla( . 1'-O! Plant Key Y\CoseonXane_1 * ,co{aadosprucfr**** f . \r-ancererr cooonwoaa $u*rr** Q"*.**rrn O n rtdt pc,krdllr Scientific Name Populus t €muloidE PoPulu3 acurninat Comus sed@ P€il€yi' Mrlur ltop. Foitnr r. ftuiti.jH l(red&c' .25 2 27 3 zl 5950 s.i 5m iI- Size 2-2112 <.aL 2 |/2 caL +5 n5 l--_l o-..o snow stor.gc Aree r) FIEuo F:-4f, ftge./witddoy.r s..d Mi. 3ls.ArG. sod r$di6r.r H tdo..rd tlrl$3 Frno Sft" Note: 1. lor dahitchnzl ad SiC Ptan infordution 1e6er to ih.r Aaddbcfr drawinE,a For trt|drry irtr dratiEr, rcfer to Frtin.rring D6igrworlo, hc.r. rran.re.lcts @ prdilrinqf qd wil| be €tatcd by olt'n.t.6 n+rwrtatiwprior b ftd irEtdhtidr" Cottonwood Tree to be Rerroved Sh1ubg ro tc TrmaplentcdOlnow of trrBpLrd.bta .hrut{ ro h. ea.*nirEd Fir ro 3i!. .ijrtll,bdE /1 ,,\o"grn" ,4. ='>--- -!+"- - ---= Edge of Strearn s\\ ... .,..\\ \ :l,r'*l\ *lyr-Tffir,rX t{.ef8brlbcfasld )- : ,,'\- ______::c. 't k U a) t{n. oo (A 5 JD 6U '! Existing Cottonwood Tree to be Removed Q*e6- /'d r -\-l I T*' otl - r! 0U rl,(J .F(Lrla U). t-{n eE ,-l *,tg*,.Fl dE G'a Eg G (|t rur G't,.A C' h a ru George Ruther stated that the Johnson's residence on lvlill Creek Circle required bonding when they were transPlanting trees. Greg Amsden said he was not excited about this proposal, since it was a very noticeable house' Henry Pratt made a motion for approval for Lot 36, which included a second condition requiring a UonO, so ihat if trees die within twb growing seasons, the tree well would be filled in and new trees would be Planted. John Scholield seconded the motion' Gene Uselton asked for an amendment to Henry's motion, changing it to Lot 37. ilenry Pratt amended the motion. The motion passed unanimously by a vote of 7-0. S. A request for a joint worksession with the DRB and PEC for a rezoning from General Use to Medium Density Multi-family, and a request for the establishment of a Special Development District tL allow for tlie developnient of 17 EHU's, located on an unplatted parcel in a portion of Parcel A and part of Block D, Lionsridge Filing # 1 Applicants: Eagle River Water and Sanitation District and the Forest Service Planner: Andy Knudtsen Greg Moffet welcomed Brent Alm, Clark Brittain and Ted Hingst, the DRB members present for this worksession. Andy Knudtsen gave an overview of the request and explained that the three parties involved hav6 all signed tie applications necessary io get the plan going. The primary purpose of the ... SDD was io ans*er ir6ignnor's questions regarOing tuture Oevelopment. 100% of the units will be deed restricted. ThdDistrict ind Town oiVait emptoyees are the target market. Density is much less than what the Zone District allows, as shown on the Zoning Analysis in the memo. Another imporiant component is the LOAA, which Andy explained. He.explained tltal tlti? YT. an etfort to get a cleanboundary and to create sites for employee housing. Andy stated that this was a high [riority fsr economii stability and also that the lrovision of affordable housing would . help the"viability 6f the community. Aniy saiel that the proposed density. is below other sites and thai suitability is consistent with tlre coniext. Staff expiessed concern about the architectural design and wanted to hear from both Boards and the neighborhood, regarding architgctural com[atibility. A root overhang and a pitched roof would break up the mass. He said that since the iorner 6t he road is highir, the flat roofs would be very visible where the road divides' Andy proceeded to go over the d-iscussion issues. He stated that there are arguments both pro and ton for two crirbcuts, but stafi would look at the safest and what would meet the rnost needs' Andy went over the landscaping and stated that there may be an opportunity to get more land-scaping in the area, while still preserving the existing landscaping. Greg Moffet said two areas to focus on were the landscaping and the architecture. He Stated the need for the public to commenl on these issues' Planning and Environmenlal Commission Minutes Septembor 9, 1996 Tom Braun explained that the district had this land available and had taken a leadership role in il;ffg th"'p.i""t. Tom stated thar they were trying to create an opportunity for families'.by iei6ningito*'eenerat Ut" to Speciat Oev6lopmeni Oiitrict. He then showed renderings of the proiect."ff" explained tnaiin* range ot densiti'es was staggering in this neighborhoo-d' He 6*6iflineO the 'densities oi srttouniing properties.and that they were proposing 10'6 on a gross ba'sis, so this proiect wa" if tn" tow e"n<i. ti tney Oidn't do the SDD rezoning, they could come Oiir< anO Oo d tuit site coverage, maximum heilht etc. Tom stated that the SDD process ft;J;d a safeguard. nai ro6ts were an issue but Tom delerred to Jim Morter' He did mention that there were a numOer ot ttat roois in the neighborhood. The precedent has been established' such as Simba Run, etc. He mentioned that the road is still under turther study to see how to ;tfi rh. ipeed of rrattic Oeiore ine OtinO spot. He said that they were extending the_ retaining *itt to get rrees oetween fre road and the buildings. lt is toush 19 fing tJ99s that will do well on this site. He stated tnat tfre deveiopment standards were within the standards of the Town' e"r"g;r were oversized in order td provide storage, as well as1ryr1. T,o-p_ring all this in at an affordable level was a challenge. T6m introduced Jim Morter, Pat Dauphinais and Gerry Roberts. Jim Morter said the first thing to be considered was scale. The kindest scale for the site was to have 4 smaller buitOings. F; ihe footprint and the bulk, Jim felt the smaller size worked. Jim stated he was propos'l-ng seven t -bediooms, five 2-bedrooms and live 3- bedrooms. This proiect would be state of tfre art toi accessibility and usability. Jim asked for questions. He wanted to r.t e tnis out ol the typical genre of affoidable housing. The shadow pattefn.gave Snimat]gll? --,the buildings, as opibsed [o blocks of buildings. There were onei Wvo and three storles all mlxeo in- fne ne-ignOors'in Potato Patch, when looliing down, would see a wedding cake "flecl-ii1^,-stated there-would be 24 flat roots with a lot of stair stepping. The functional reason tor flat rools wis to etiminate snow dumping. lt would be easier to shed snow where people-are no!: llgt rools made it easier to coniain-rinter problems. The second reason for flat roofs was that the mass would appear smaller with flat r6ofs. The third reason was to provide visual interest with a itilr-step Oesign. Roof penetrations, such as vents (since there will be no fireplaces), would have all the items clustered together. This has given Jim the opportunity to form a sculpture. within the project. Jim stated i-nat he would likeio ask both Boards to have an open mind' when it comes to the flat roof issue. Greg Moffet asked for any public commenls. Jim Lamont, speaking on behalf of Ralph Davis of Action Vail, stated that the focus should be on the principles.' The manner that it was brought lorward last spring caused anguish. lt was brought t6 the attention of Action Vail. The homeowners made every etfort to calm everyone. Rctio-n Vail has always said that public open space, if transferred, should be:retained as open space. Jim had queltions for Tom Braun regarding the status of the driveway options Td . . d'esignating it as i permanent easement. Jim also wanted to know what other avenue Brooktree had for access. Tom Braun said that it is not yet a permanent easement, but that it was a possibility. Jim Lamont asked if the access could be shared. Tom Braun said that a new access, to the south ol the proposed driveway, was being considered. Jim Lamont asked Tom Braun if the right-of-way on Red Sandslone was dedicated. Planning and Environmental Commission Minutes September 9, 1996 I Tom Braun said it could be dedicated. Jim Lamont asked about the 1Oo-year floodplain. Jim stated that this was public property and the current problems needed to b6 resolveci. Jim stated that when the Lionsridge area was annexed, the land use pattern was predetermined. Jim stated that there was a need to take a hard look at the stream rigni-ot-wai. He asked, " Are we taking a public piece of property and iuining lt into a private piSce of prcipertyZ" The public deservei a bidewalk and access to the iirearil. He mehfioned'tnal wfrdn tie *'as on thd Board, he found that there is never a benefit' wnen rc public has been denied. lt the units go up for a lottery,.that would be line' but all the citizens of the Town should have a chance. ltis wiong to have the people benefiting from it that *eie iuOging and reviewing it. However, Jim could see the first preference being given to emergency personnet. Bob McLaurin disagreed with a couple of issues. The tirst was the land exchange'^Bob had . . . been criticized forirsing this parcel. There was a net gain of money lo the Forest Service, which exceeded the value, resulting in no net loss to the Forest Service. The tand was to be used for nouii"g for Town of Vail emiloyees. When people call 911, Ior example, one wouldri't get an. answer-if employees are not abie to live neaby.' Bob said there was not one single fireman who iiu"i in the Tbwn of Vail and only two police o{iicers that live in the Town of Vail. lt was clearly irr"iponiiOf" for the Town of Vail to not move in this direction. This housing-development would be fiiled with critical employees, with the remaincler going to lottery tor the leftover units. This proiect would provide ah o'pporiunity lor poline olfice-r's timilies to be here. The Town of Vail would like to exercise a righi ot first'refudal. Bob said that the Town had an obligation to provide. the services and was naving a harder time competing with areas that have a less expensive cost of fiuing. With all due respict to Jim, rhe Town bhould nave done this 10 to 15 years ago' As the town'j long term employees start to retire, lhe Town needs to start to take pro-active measures now- Jim Lamont said in response to his good friend Bob, that the rninute these public. units were.-sold to the private sector, there would be a problem when the employees leave the iob. I ne puD-llc inter"dt needed to be protected. Prioriiies should be given to emergency personnel first. After requesting that the density be lowered, Jim stated that this should be rented t0 emergency personal and include public access to the creek' Bob McLaurin said rentals would not work for the majority of the work force. In order for occupants to receive tax deductible benefits, the project had to be owner occupied. Ralph Davis said that Bob hit the nail on the head. He also would hate to call 911 and lind no ond there. Ralph stated that the units should not be sold and that rental rates should be below market rental rates. He said the rent should be less than what it would cost to own. This proiect might just fit the need for emergency personal. Pat Dauphinais, representing the Water and Sanitation District, stated that this would have a public bdnefit . Eniployees tiving on the other side of Dowd Junction can't respond to 'emergencies like a'loch residerii could . There would be a lirst right of {irst refusal. The Water Distriit would maintain first right of refusal on all the units. Though the Water District cant commit to housing only emer[ency personnel, this housing would be available to Water District personnel, policeifire'and hoipitai fersonnel. The public interest would be well served. Even inougn tand is Ueing translendd troh tfre public to the private sector,. it would still serve the comirunity. Even tFough they would be iold, the Water District would have the right of first refusal. Plarmirg and Environmental Commission Minutes September 9, 1996 Henry Pratt asked if it would be possible for the Town to have 2nd right of refusal on the Water District units? Pat Dauphinais said that was a great idea and would dovetail that in. Henry Praft stated that conceivably, there could eventually be no Town of Vail employees living in these units. Bob McLaurin said a sale could be forced, via the deed restrictions, for violations to the policy' Pat Dauphinais said deed restrictions would be conditions of the sDD. Bob McLaurin stated that he didn't want all the Town of Vail workers living together. Jim Lamont stated that we need the Town Manager to explain how this will work' Bob McLaurin stated that the Town is pursuing rentals on the Public Works site and on other properties- He stated that it was esseirtiat to iraintain the cornmunity's.economic viability and itrai it woutO be problematic in the future, il this problem is not dealt with now. pat Dauphinais said the Water Board felt a responsibility to the public. .Pat said that the current proposai was the most positive thing to be don'e with thit groynd The benefits would lar exceed ih;ifft teim pubtic lois, by shuttirig down the neighborhood dog toilet.The Water District no tbnger needs the plant on-siie. The public good wili be served better by far with this Proiect. Jim Lamont stated that there would be a need tor a sidewalk; that the creek be recognized as. a recreational amenity, and dedicated as a public access easement; that the Town should require the dedication of some open space, to be consistent with other projects. He summarized by saying that the public should get something back. Greg Moffet asked for other public comments- There was none' Starting with the DRB: Clark Brittain said he responded favorably to the design. The presentation reinforced his feeling about the design. Each building, as a modular sculpture' was very appeafing. When lotking down on t6e buildings fromthe road, a better vantage pointis_possible ahb me differences would be accentuated. Clark said that the project is going in the right direction. Ted Hingst thought the design was a good way to avoid cubes. Ted still had a problem. with the flat roofs-. ne su-ggested per-traps false lronting was a solutlon. He was, however, looking lorward to seeing the proiect develop. Brent Alm thanked Jim Morter and the PEC for letting the DRB have a chance to make comments at this schematic level. He stated that there needs to be more landscaping on the east side. Also, Brent said that to break the 17 units into tour buitdings was a go0d idea. The architecture was simple and straightforward. Brent was not opposed to {lat roofs, but would like to see shed roots adbed to soften fte design. The stacked design was helpful. lt was.important io iee tne renderings. The use ol material-s with two dif{erent types of sidings and stight color variations was best. Jim Morter stated that the intent was to use subtle variations. Planning and F,nvironraental Cmmission Minules September 9, 1996 10 Brent Alm suggested using some stucco within some ot the siding masses . He said that he was looking lorward to seeing more on the project' Galen Aasland said that there was a hardship concerning the retaining wall on Red sandstone no"O "nO tf'"t the heighi;iii*rJa""eptab6. He believed the SDD fook away the-trust tt9t th," ;;bft. .Cd* thought"it snoufO O" zondd ttlOtur without the SDD. Galen liked the flat roofs and in*ght in; tassin-g naO- iniegrity. He thought it was too homogenous and boring with one color' ire idrr aooing signiiicant m"ii in'rtri"o to ine siding was a gooo idea,, and that it needed more detail. Galen lelt that " one-cit. g"iige would not sdrve the needs for the 3-bedroom units and that the 3-bedroom units needed more than a one-car garage' Jim Morter stated that some of the 3-bedroom units had two-car garages. Galen Aasland said he would like to see the project embrace the creek better and that the ptop"rty across the road inouE be aOOressdd. balen telt that this project had significant pYblic Leriefit.' He telt also mat peopte that were able to buy were better otf than paying rent and the right of first refusal with the second right of refusal was a good idea' Diane Golden thanked the water District. Responding to Galen's comments about the sDD' she said thar the pubtic int*relt *iJu"nei protecrdd with Ihe sDD. Diane felt thal the bleakup ol the buildings was very goocl. Henry pratt said Jim Lamont had brought up sorne macro issues, compared to the tlat roofs. H"nri t"fi that it was important for the Lnits'to be owner-occupied. There was a need lo insure that emergency personnel be housed at this site. He telt that it would be counter-productive.for employee-s to trdve to sell. Henry said that we need to find a position somewhere between Jim Lamont and the Town Manager. Henry pratt believed that the architecture was far superior to the_Commons. But' he also stated that Lionshead was going away from flat roofs, towaids a more European style ' This ploje.ct needed shed roofs, ind 6vernings with more detail. Henry stated that flat rools were clearly more efficient in this town, and thlat it was a good choice from his perspective; however' subject to criticism. Henry said that to satisfy the public perception, the designed needed to break up the boxes. ln laymails terms, he expredsed ioncern that the public would equate stacked boxes with public housing. Henry Pratt Said to deed back Open space was a good idea; however, the space was.not.an . aO-eq'Late iije. A public path al6ng the creek could be done within the 30'setback. lt might be a iomiromise to opbn it to the public, but it would get used and appreciated. Henry questioned ine imount ot sp'ace allocated for snow storage. -From his years at-Pitkin, he stated that snow iifeican gei tobe 25' high. He didn't have aleel tor curbcirls and felt that could be left up to the ?own to hindle. Henry igreed with Jim Lamont about the sidewalks. Sidewalks encouraged peopte to walk to the busltop. The path along the creek would enable Brooktree residents to cut bcrdss anO use the bus stop. Trees were needed to provide privacy. Tre_es would put the . . pioi""t into its own enclave. Henry disagreed with Gilen regarding the SDD- An SDD would iroviOe the vehicle necessary for a minor degree of down zoning' John Schotield said that as this project progresses, he would like to have more information on tfre floodptain and also a public iath atdng ihe stream. A common access with the adjacent fropetty'o*ners would O6 prefeiabte. JoFn said that he was not a big fan of flat roots and would iixe to dee some sloped roofs and a mix ol siding materials. Planning and Envirorunenhl Commission Minutes September 9, 1996 11_ Gene uselton agreed with Henry regarding the appropriateness of the sDD' Admitting that he is a sucker for a good ""f"* pii"n, ie-iomptiirented Jltn fUortet on his {our point argument inJavor of the flat roofs and inoicaieo that he was convinced. He expressed the opinion that, given the ;;;iili;iiilpropo""O ptdie"i, tti" ""onomic vatues of surrounding properties would be maintained or enhanced. Greg Amsden reminded everyone that this was highly visible as one drove Dast it to Piney Lake' Greg said he would rir." ti'""L iiopeO roots. er"g';iin t *ani tocat people io have to deal with rhe maintenance thal ""Oii"iOing-;outOiequire.-fo be able to live'affordably, the ploject needed to be buitt ,ring "ioiftt "tateti"t. Greg also felt it needed to be oriented with north/sourh views. The "arV*L*t views looked-ouionio traific and also Potato Patch' Greg felt it must have two-car gatig"l fotifte 3-bedroom units. He asked if utilities and gas {ireplace.s would be provided. He s;id that there was not a necessitY fol ?.n 9DD.. . He said that, since there ;;; il;it -on an SDp pioira, r'e would like.,to see the GRFA limit set in stone' He would also tike to see a greater setoaci io proteii rne willows, etc.. To dedicate ope.l.spry9 on a site this iighit"""ld b" hard, but p"rnips tnJ touth end. of the s1e would be possible. The color eievations looked great 6n tne renOerings, but he expressed concern that renderings w.ere not iciuiite. The treds in pirticutar, *ere in inaccurate depiction. He said to picture it without the trees. This architecture triO to sianO alone lor the next i S years until the trees grew to a height represented in the renderings. Greg Mofiet wanted to compliment the development team on the proJessional presentation. Jim Lam"ont had raised tome uilid concerns. This worksession was the context lor these concerns to be raised. Greg was i-i[g[t"d tnat tnis was aimed in the direction of family housing' Greg telt that owned was better tfran iented. Greg was in agreement that the-SDD was the appropriate-^ mechanism for this. rn r."sponte io ttre-iown Maniger's concerns, Greg. said that when the PEC reuLweO the Public WorLsiite, it required housing'-This was a step in the right direction in "Oai".uing thatissue. ereg igieeO witn ereg Amiden regarding the materials used and the cost of future maintenance. GrEg igreed with Heiry on the laidscaping issue' Greg liked the design and had no Problem with it. Jim Lamont said the East Village Homeowner's Association favored this zone district. The time that his elapsed for the publiciight-of-way was well beyond the prescriptive rights' That portion not owned tiy the Town should be dedicated to the Town of Vail' Greg Moffet asked if the proposed MDMF zone district was an upzonlng' Andy Knudtsen said, yes. He further stated that this project was treated no differently than otheis. He felt the GRFA was low enough so that the right of way concerns would be a moot issue. Tom Braun summarized all the comments. He stated that everyone was comfortable with the SDD, w1h the exception of Greg Amsden and Galen Aasland. The vehicutar circulation to be *orr.bo out by the Town engineir. He said that they would look atthe stream access corridor JnO sfuOi tnri buitding orieniation with more landscdping bctween the road and the project. The Armv Coip had no inieresl in ihe smatt area of wetta'nOs. Tom said that Fluss Forest will walk it with him. Andy Knudtsen stated that an Environmental lmpact analysis had been done. Tom Braun thought that dedicating open space was fairly unique for this type ol project, but that he would look into it, as well as the flat roofs. Plauring and Environmsntal Commission Minutes September 9, 1996 72 rt Greg Moffet said the sDD stated a complete review was to go to the DRB and he thanked the presenters. Jim Morter asked if there was one priority given the constraiants of the right-of-way' The PEC said landscaPing. Jim Morter said that public safety would dictate the road right-of-way issues. Pat Dauphinais said the original concept was to get the best possible product for the least money. Greg Moftet suggested that the applicants talk to Jeff Bowen regarding having trees donated for this project from Trees for Vail. 6. A conceptual discussion regarding the display oJ banners for quasi-community events and activities. Applicant: Town of Vail Planner: Lauren Waterton Lauren Waterton said staff has had more and more requests trom hotel operators who wanted . banners to welcome conferences, etc. Staff has had td <teny these requests, because they don't *"etinl signcode, but perhaps io promote conferences cohing to Vail, we should take another fooh at the lequest. Thid would reqlire a policy change and a change t0 the sign code' Staff was looking to receive some direction from the PEC. Greg Moftet stated, lor the record, that he might have a potential€onflicl of interest, since he was"in the business. lf anyone had a probleri with him larticipating in this discussion, please say so. John Schofield said, in his dealing with Ski Club activities, any over the counter situations to speed up the Process was good. Mike Mollica said special event banners were already allowed. John Schofield suggested incorporating all banners into one policy' Gene Uselton said he enjoyed seeing banners on Bridge Street. The down side was that there would be banners everYwhere. Lauren waterton stated that special evenls were those that benefitted the community and banners are allowed for those events. Mike Mollica suggested pursuing Option No. 2 in the merno. Our current policy is subiect to staff interpretation and stafl would recommend codification. Greg Moffet asked if Garton's had special events? Lauren Waterton yes, but this discussion was in reference to hotels at thi$ point. Plaming and Environmental Commissiou Minutes SeptsrDber 9, 1996 13 Galen Aasland did not want to see Nike or Budweiser out there every week' Signage needed t0 be very low keY. Diane Golden agreed with Galen and Greg Amsden regarding displaying banners at conference facilities. Henry Pratt agreed with John to make the process simpler- The westin had medical conferences on un on-goinl O"iit. ffti" ndeded to be bontrotled' Henry had no problem with hotels putting up banners that had positive community impacts' Lauren Waterton asked how do we dilferentiate? Henry Pratt stated that the Jerry Ford banners were up a month after the event' We run the risk of having banners uP PermanentlY. Mike Mollica suggested allowing banners based on the size of the conference or number of attendees. Henry Pratt said quantifying makes the process worse. Maybe banners should only be allOwed at the front door. Henry didn't know how this could be regulated' Greg Moftet said he was hearing the 1st amendment. Tom Moorhead said content neutral recognizes constitutional issues. Greg Moftet said we needed a distinction of welcoming dealers without an advertising logo. Tom Moorhead said clearly the more banners we allowed, the more likely we woutd be to get into that arena. lt then becomes a concern. Greg Moffet said permitting banners at hotels- when hosting groups,. is a good thing. lt would irsl"O" gooO Uuriness roiimirr attendees. Greg didn't have a problem with logos adverlising ineir protu"t. lf we are going to change the sii'n code, we need to leave a little room to make decisions. Greg was cotn'tortiUt" lenin-g staft mlke these decisions and not changing the code. Diane Golden asked if we thought using a banner was going to sway customers from one resort to another. Greg Moffet said it was just a watm, fuzzy thing. John Schofield said banners were good for directional, not advertising. Tom Moorhead said if we allow banners lor directional purposes, we could prohibit the use of corporate logos, John Schofield asked about the Rolex Junior Olympics? Tom Moorhead said that was allowed, since it was a sponsor unrelated to the event' Dominic Mauriello explained that content neutral means having "Coors, 'without he logo. Tom Moorhead stated fhat having a logo on the sign was olf-sile advertising' Planning and Environmental Commission Minutos September 9, 1996 L4 t Community Development Plan Rou I ting Form Approved Denied (cite detailed reasons) Approved with conditions UFIL PUELIC g xI $ *I ) Ylt-Jtds-ay f/*- lo*,il.shu*-A {a+ct**-c"o.- L.fk 4i5d.- -oli,,{+-a.+ ...twji,s oul -.-is blr"t-l hr, - { \+l'. 'B -o^u *ff l J'Es -Ls'x ]rci - rnwt-'"*4:f.f t,NWI 04'96 14:20 Ns.005 P.01 -..- 4a* -r#. #nl pb,* ,pt'* ,"'roufr h."rt**I"t-V F,,* .-ou*[*r'--.Jn;15.-u-ab A*rltj* :A, no, L-. ...'t rt) ftorr,'J* *#* .*ril* E.cte,J-s 1d*r. 4 €alitl tna*ss #,* Eu,./* il#-l arl kt &,;/J,p,'la" Trovi'Je Wo+ eht*hrn,. . I*,' VRIL PUELIC h]t]RKS 0[T 04'96 14r20 N0.005 P.02 a 1hfr " --&,a.1+..... i/n*.H .....a€.r*th 4),.- b*,' lJ, -p/+t /,0- fu"*:J* ht,, e,f "Ear,L dT, rw/- dr*,:**y F..,*di a.lJlJ,v,*1-ltttf .-CL,,*1^*r-.. ... r,n.3. fr,,-h*p-1o*o, . d -./i/ /* --.ta ca,-..twr / !.1..,*.. y'# .-{e.*loun - kst-/; I f*..H VRIL PUELIC iD :3034792166 I- J -r| tJlLJORKS OCT 04'96 L4:21 Nu . 005 P.0S 7t lk &rt*t Lu, '^?a '*t*.ctJ of frulJ*;"AoftfrAift6# r) wl'&L iArF-rir.fl 3)- -:D.r*t^T . Ec*.'t#.*l----rL. filr.* - -qa1"l-. pta,lt+J *1 ,/4) ".C*ss a&€^a.$ €*zcx, -t #-. "." . -**rt.tJ.**- .i Ft-t/* i*kar' tt*ts | ,h..- --€rde t F*C 5*J 3.J*0t4-E thn ,, ..-4o4 ?) -\ a. l. I+J .. l#n5f{,Je,-ltba' UHIL PUBLIC LJ0RKS ID:3054?92166 BtT 04'96 14122 t'|CI.005 P.04I '\: -ri r'l Printed by AndY Knudtsen 10 /,4:15pm From: 'Jef f Atencio 1fo: AndY Knudtserr subjecE: f vtd: RecI Sandstone tHU ===NoTE=:= :=LO / 07 /96::3 :49Pm= L. stsreat addresEes need tso be assigtned tso each unit - 2. Fire Truck turn-a.-round needs to be des ignated a'rrd siqned as a' file 1ane. 3, Hf.dra.rtts rleeds to be ]-oca.tsed ats ftre enlrance of tstre comtr)]. ex on Red' Sandstone road, no€ \^ti thin tstre comp1ex, p].aced on ttre south side of Che entrartce - This is a qrrick ].ists !'ou requestsed' asal), I'm ctrecking: to se-e j.f -tshere are *o-L' ie=*= Lttab rleed Lo be addressed' T f t'tlere a.re I ' 11 ].et lrou know a'sa'p ' Fwd:bl. E :AndL=Knudt sen====::=:= Fwd tso: .7ef f Atsencio Ttrankg for ttre quick responFe' Page: 1 I ACCESS BLE ROUTE ADAAG 4.3 Tbis Tccb Sbcat is pat of a wia dtatt*t*rtn tk bign ftquiftlrrr.nt of fi c ADA Arcitrility Gttidclint (ADAAG). Tbi, isu. ?ft,id6 wpc nd esign infomatio, an tc ttryirwtcttt for actsitb nut-e. Ahbougb bad an th ADAAG neirdrrctq tbe i{onutin prwidal on ficftuwingpaga b daiwy nd sM b owihzt tt nfunaul n rtc ADAAG. Tbc AD,fu4G natt h onntlnd abat higning na or ntdfiing mitting buUingr and fuikb. Tb e/lnaiuns w irt Diwhilitia Act Awsifiliry Gridclkr T dr Sheet Series CONTENTS ADAAG Requirements r Accessible Rout6 in N€w Construstion r Accessible Routes in Alterations r Meeting the Accessible Path of Travel Requirement in Alterrtions and Additions r Accessible Routes an Historic Properties rAccessible Routes At Wort Areas rAccessible Router At Dwelling UniG Rorrtes rWidth and Heigtrt rProtruding ObjeCs r Surface Textures rSlope r Changes in Lenels rDoorc . Edga Protestion for r Egress and Areas of Rescue Assistrnca ADA^AG Reference Index 23 copyright@ t99{ } Barricr Frec Ercirolmcnts, Inc. Baria Fnc Enaiftrrrrrctrn, Irrc. is nttborizcrl by tbc National Irctiua on DbaliliE and Rebabilit4tio, Rea?* Q,lnRR) u dcwlop irfvnution atd nptrials an tbc Ansricans wirt Dit4bilhi6'{ct (ADA). Hoatan, lwsMh aatpt tbm NIDRR ir not rapowibh for atformatt of tbc ADA Tbe irfornatia pwnun bm is k*ttdcd nhll at ifonut guidma, mt b tuirte c h*t rrirutioa dyw hgnl ight or ropuibilitb nda thc Aa, rcr Ming on any agary oib arfora?rattt rapouitiliE u&r fic ADA. To ohain add.itioul opb oftbisTe$Shost, anud yow Dirahility and Busina Te&aical .4sistaw Cawr. To bc aamutialfi otnuard n yotrngioul ctztr, all 7 $0h94$itAt A Poniot of th it Tedt Sheearrq k apid esnory tittu asdaint by tbc DWiliry arrd &$inrsl Tuhial,4sistotm Cattzrsfor dir*ifutioa n srull basfurc ba nay wt be rt?ndt dd inoboh orin prtornldbT ory othtdnitlwi6o6 uritttr pmision tth cre6. ACCESSIBI..E HOUTE Introduction The Americans wirh DisabilityAcr (ADA) rnd the ADA Accessibility Guidelines (ADAAG) use several tenns ro describe different qpes of pedestrian routes or paths through a given faciliry. These indude circularion parh, accessible route, path oftravel, and acccssible path ofeevel. Ovedrpping and often similar, these terms are not inrcrchangeable. Even though the zubject of drc Tedr Sheet is accessible roures, ir is important to higlrlight the differences in the terms used to describe these pedestrian routes. A circrhtion peth is ery route through r building and a building site. Circulation paths are used by everyone and are loeted wherever people wdlc Theymayindude stairs and srcps. Accessiblc route!, on the other hand, are circuladon paths minus step$ c/hich makes them usable by people who are in a wheelchair or s@orer or who may have ditrailty dimbing stairs. An accessible rourc is a continuous, unobstructed pedestrian padr rvith no abrupt changes in level. It is imponant to nor€ rhat an aocessible route is alwayr r circulation path but a circulation path may not alwaln be an. accessible route. All cirarlation paths, including accessible routes and sairs, must be free of hazardous protruding objeca that may be dangeroru to e person with a vinral impairmeng see page 13 of this Tedr Sheec The rcrm path of travcl is used in the Deparmrent of Justice's ADA Tide III Find Rule erdusively when altentions are being mcde to exisdng buildings and facilities. A path of travel is required to an altered area; this path oftravel indudes an accessible route. See page 7 for r more detailed discrrssion of accessible path of eavel. Because an accessible route linls dl accessible elements and features withia a building widr all other accessible buildingB and accessible site amenities it is tius possible for people wirh a wide range of disrbilities, to maneurrcr safely and to use a facility successfrrlly. Exterior accessible routes may indude parking access risles, ctrb ramps, crosswelks at vehiorlar ways, walk, ramps, and lifis. fu thc accessible route continues into a building, it may indude orridors, doorunln, floors, rarnps, etevators, lifu, and dear floor space ar 6rm[es. Accessible routes may also indudc tLy *ral&s, tunnels, and para of many public and common use spaces. Characteristics and features along accessible routes tlrat must be given carefrrl attention are width of roure, ground and floor nrrfaccs, heedroom, protnrding objeca, detectable werningr doors, slope of routc, cross slope, and changes in levels eccomplished with curb ramps, ramps, lifts, elevztors. Tbc Antriuts uith Disabilitiu Aa Aarri h iliry Guidclinq (ADAAG) var pablitbcd as tbc Sunbds for Aacsibb Dcsign ia Appad,ir A ia thc Dcparatatt ofJtttitc't Fhal ktk, 2 8 CFR Part 3 flNondistini- unnfutubhcAffitbr atd h Connerial Facilitic;. Copies of tbc Final Rak nal bc obuiad by colling thc Dcpratnt of Jutia at I-8A0-f 144101 ot tbe Acccs Bwdat I-8M-UtuI-ABLE (r-800-872-22t3). Sidtbart nntain gluutio$ fr@t ADAAG mdfaaatbctftdml batnau- AD,4AG 3.5 Definitiors. Cir*btion Pert. An xtrior or iaterior way af panagc [ron onc pfuc b oaotbnfot pfutriont, itdttding htc ut liaitd n, odb, bdlo ay, wtyar&, staiotyt, ndnnir hndiag. 19Sr O gARRt€R FREE ENVtROilMEtTtTS. tf{C. r ,.Irf foRR GRAfttT rH lgtD701z2 eccs$ibl€ public snd common uga 9pacot must bo located on the aecEssiblo route {in this exemple a toilet room) accessible elovatot complies with ADAAG 1.IO Elavators snd connBcts th6 accessible route botwoon floor lovelct accosgibla roulo in retail store must connect rvith accesgible route for the enriro building sccessible routo must connoct building with extorior rpacer and elements lhal are public and common uso spaces I m, stairw€ll wilh an Eroa of rsscue arsirtance complylng with ADMG 4.3.11on an accegsible routa wheelchair p.rting spacet comply with ADAAG 4.3.1 Passing Space lurfaco ol walkr and corridorc comply wirh ADAAG 4.3.6 Surface Textures employee wort oregr can be level changc at ontrancs accornplished with a ramp that compliar with ADMG 1.8 Rampr accessible prrking connoctS lo an accessible routc level change at curb accom- plished by a curb t mp complying with ADAAG 4.7 Curb Rampr accesriblc rouio that complier with ADMG I.3 bus rtop and accolsible elwator to subway sro publi€ tr.Nport tion rtopr located within the boundary of tho rit. rnd connsct.d to thc building by sn accossiblo routo /entered, and I exitedta) Typieal Elements and Features Connectsd by an Accesslble Route Stairs Are Never Part of An Accessible Route Curbs, steps, srairs, escahtors, and some thresholds can never be part of or interrupt an accessible route. fuiy vertical change in level greater than l/4 inch may pr€vent use of a route by people in wheelchairs and others who cannot dimb sairs. The ADMG speciGcations for stairs make stairs safer for everyone and more usable by people with mobility impairments who can climb stairs. It is recommended that all srairs meer the requirements of 4.9 Steirs. Where steirs are insalled betrreen floors and,/or ground surfaces that are required to be accessibte, there must be an accessible route connecting the lwels (except in buildings that meet the criteria for the elerrator exempcion, see page 5 of this Tech Sheet). If a ramp, elevator, or lift is dre means to get berween levels, the seirs connefting those levels need not complywith ADAAG 4.9 Stairs. The opposite is rue, if stairs are the only way to ger bew€en floors, they must comply with the ADAAG suir requirements. When ssirs are provided along with ramps, elevarors, or lifrs, it is best that they be located in close proximity to each other so people who must use one or the other need not uavel en rruee- ACCESSIBTE ROUTE sona ble additional distance. handrail must bs continuour continuous handrail reontmended handrails (ADAAG 4.9.41 12'minimum level extension 11'minimum tread dopth (ADAAG 1.9.2I ADAAG Lf Dcfinitions. Acccssiblc Roau. A antiruaas aaobstnatl path connecting all ucesibh clattants and spaca of n bttildbzg or fatitity. httior acccsiblc roata may hcladz aridon, fmt, ranps, clatatos, lifts, and dcar floor s?ec tt fttura. F.rwior aacsihh routc, nttl iufu par*iag ucas aiths atrb ranp, aurualk at vchicab oays, oalLt, rottp, atd Efts. BFE Note: Cirafutin paths mlst hc safc for papb aitb oiin impaitman ann tboryh rtey ma1 nt bc wabh by paph wirt mobility impahmnr. sxlensioni required (ADMG 4.9.4) smooth nosings TADAAG 1.9.3t 3/t'to 38' Notes in itatic tvp. tra rccommandetiona. stairs must comply with ADAAG f.9 Staire becaure floor levela are not connacted by an accorsible route (no ramp, lift, or elevatorl one tread width 12'minimum level extension ADAAG Complying Stair 3I99IO SASRIERFREEEIIVIROI{ftIENTS,INC. I NDRRGRAI{T'H!33DIOIZT Tbc ADAAG Prinury scoping rcfcnnces: t4.1 Mininwt Rcqatauzt (.LI Applitztin il.L2 AtsibhSitaail Etttior Faciliria: Na Constmctioa tl.l.J Aasibh BaWng: NoCornutioa il.t.f AesibbBuildiag: Additioat il.1.6 Aesibh Buildingn Abastiont t4.1.7 Aasibb BuiUingr Histoickaavtbn ADAAG 4. 1. I (5) (b) Gcnerel Et cc ptiotts. N citb r a a;csi b i litl tcr at atcsibk matc is ,,, rcryircd u (i) obsmtatioa gallaies usal prinarily for scarity purposa or (ii) in an-uaqiabh rpucr an?sscd nb bl ladd.rt, est@slla, casl tP8M, vcry aarrta PasEgdo,l\ or ftci ght (a n - pas aryfl clata w4 atd frcqtmtcd only fu srtbc pnnnd for rcpak pwpta; suh tpaca indad., bat erc not limitcd to, clautor pitr, clatator panthorca, piping or cgipnent cztatlk. 1 ACCESSISLE ROUTE ADAAG Scoping Requirements for Accessible Routes In any facility there may be severd'routes" to any given feanrre. At least one of drc "routes'must meet the criteria for an accessible route and adjoin thc clear 0oor space at all elemenc, feahres, and spaces required o be accessible. All new buildings must be designed and built with at leest one rccessible route meering the ADAAG requirements. The requirements for.ccessible routes are found in two secdons of the ADAAG: (l) 4.1 Minimurn Requiremens and (2) 4.3 Accessible Route. Section 4.1, known as the "scoping" provision, sutes whidr and how many elemenc, features, and spaces must be accessible and musttherefore be on an rccessible route. Section 4.3 provides the tedrnical requiremenc for the design of the accessible rout€. Tte other remaining technical requiremenr of 4.2 through 4.35 provide design informrtion on how building features, elemene, and spaces should be designed and inselled to be accessible. Accessible Routes in New Construction ADAAG 4.1.2 and 4.1.3 At least one accessible route complying with 4.3 Accessible Route must connect dl accessible elernents that are used for getting onto dre sirc such as parlcing speces, bus stops, passenger loading zones, public transportation stops, and public streets urd sideqalks within the boundary of the site to an accessible build- ing entrance. The rourc must also connert other accessible building: and accessible site amenities such rs pioric areas, pools, resrooms, and outdoor telephones with each other and link all accessible spaces and elemens $ddtin the building or faciliry to accessible entrances. ln eddition to newly consilructed buildings and facilitjes thrt must have an acessible route linking all accessible feanrres and elemens, temporarysmrcrures mustaho mmplywith the ADAAG and be provided with an accessible route. "Temporary buildingp and facilities are not penurnent construcrion but are extensively used or are essential for public use for a short period of time'(ADAAG 4.1.1(4) Temporary Suucrures). Temporary building rnd frcilities that are covered by the ADAAG include, but are not limircd to: reviewing stands, temponry classrooms, bleadrer areas, exhibit ar€es, temporary banking facilities, temporary health screening senrices, or tempo- rary safe pedestrian passag€s'a)s rround e consrnrcrion site. I99'C BARRIERFREEENVIRONMENTS,INC. I INOREGRAI{TIHI3sOIOIZI ACCESSIBLE EOUTE However, under Tide III, no rccessible route is required to sbuctttres, site, and equipment direcdy associared with the acnral processes of consrruction such as construcrion trailers, scrffolding, and bridging. Multistory Building;s With No Elevator. Even buildings that utilize the elerator exemption musr have an accessible route on each floor and must provide all accessible elemenr rnd features as required by thc ADAAG. See BFE note regarding elewmr exemption in the sidebar. By providing accessible rourcs on 0oors not currendy served by an elevamr, people widr mobility impairments can srill work on r building's second floor if they can climb suirs (such seirs must meet dr€ design requiremena of ADAAG 4.9 Steirs). Once on the upper level, the person rnay then use r wheelchair, scooter, or other mobility device that is kept on that level. If en elevator is installed at a later date or an eddition or a second building with an elevator is added and connected to the origind building, an eccessible route is already provided throughout tJre BFE note: Buildiags of wo stria or tbue of mrc that tuo turia brt las thn 3,000 tquarc fca pc tw! an not nfind a bac ea claetot aalrrr thc tuilliagor facihty is: (I) a shqpiag cmtct or nall Q) tbc pdationalofrcc of a hcalrt ctc ptwider,r (1) a tatttinal&pq or airpart pasaryet tartthal. Thit ermqtin "doa not obviatc or limit in eryocy thc obligztiot to turrqll oith rtcotba ucasihihq nryin- ma$ uttblitbcl ia Scain 4.t,1 ['*ccsibh Baildiagr Nm Con- stntdionl. For amph,fhon abouc or bcloo cbc eaaiLh grouadfm *ut aca tbc rcgtiran.nt of tbit tttin cr*pt fir ehtabr sanicc," AD/4/|G 4. 1.3 (D Flatu 84tu, entire faciliw. accersibla toilot room stairway Accessible Foutes Must be Provided on All Floorc, Even Those Not Served by an Elevator lSrO BARRIERrREEEiIVIRONITIEI|TS,U\r. r. NOaRGnAlUTfHl33DlolA 5l ADAAG 4.r.6 (t)(fl: Tccbaiezlly Infca:ibk - Mconr, aitb respca u an altnation of a bttilding or a fadlity, that it has Iittk tikclibd of bcing accanplishcd berntt. lristing ttracntral nnditins umA rcqtilc ntwing or ahring t lud-bearkg manbt ubicb ir an csntitl pan of thc $nctural frau; or bcuttrc oticr cristiag pltyical or iu cott*aias prohibit modirtcatin or atUitioa of clata4 rpaca, or fcaara whilh tc in fiil| atd wia conpkaauwitb mininnm reqairaneat for nco cortzaioa atd ubich are nccesory to pratith mcsibility. ADAAG 4.1.6 Acesibh Brildings: Altaztions. (t) No akaatin sb all b e w&rtalat p bicb dattre or has rtc ffut of&acariag aaaibiliE muaklitl ofa hai&liagr fufufuurtcnqairanc*fraa ottttttction at the tinc of alWatioa. ACCESSISTE ROUTE Accessible Routes in Alterations ADAAG 4.1.5, ADAAG 4.1.6, and ADAAG 4.1.7 Additions, modificarions, and renovarions ro ell buildingB and facilities, induding fustoric buildings and facilities, rr. "onid-ered alteradons under tJre ADAAG. Each time an elemenq space, or common area is added or modified ir must comply with the new consmrction sundard of the ADAAG. Unlesi"iechnicallv infeasible" (see sidebar), rhe altered etemene and spaces musi comply with new construction reguirements as they ere altered until the new construction scoping requirements are meL Like the.term "path of tavel," "technically infeasible" is only appli- cable to alterations. . tf _ rntiry fountains, for example, are being rephced in a -byldig, th95l must meet the technicd design requirements of the ADMG. However, modifying or repla'cing, sirrgte o, individual element does not trigger the requiremlnt thit the element be on an accessible routi. On the orher hand, "if alteradons of single elemene, when pnTd:fg toge$e1, amount ro an alrcrerion of a rqom or space in a building or faciliry, rhe endre space [must] be made acces- sible," see ADAAG 4.1.6 (l)(c). There may be occasions when it is."technicallyinfeasible" (see sidebar, page 6) to firllycomply with the'new construcrion requirements for accessibie ,outeJ. to such insunces, the special technical provisions in ADAAG for alterations mry be used. Spaces and elements addressed include ramp slopc, elevrror cab size, door widrh, door rhreshold heighr, types of toilet rooms, eccess to performing areas, and dre use-ofplatformlifu, see ADAAG 4.1.6 Accessibii Buildines: Alter_ ations. Ifthe altered room or space conudns a upririary firnction" area additional requiremenrs for an accessible "path oftravel" arc eiggaed. See dre nexr section for additional discussion of "path oftrevel." Meeting the Accessible Path of Travel Requirement in Alterations and Additions ADMG distinguishes beween dterations to areas where mrjor acti-r'ities occur and alterations to secondaty or supporr spaces. When a significant modification is mrde io.o,""a pntrplg_. mejor activiry for which a building or facility is intended (the "primary frrnction" space) zuch al the dining room p-1 cate-tena, the meedng rooms in a conference center, or the lobby ofa banlq then an accessible path ofravel ro the altered areamnsr be prwided. Thc path of travel mry pass tluough poni-ons.of adjacenr existing guildiogF that arl not being - modified as well as through those rrees where the additilons or aleradons arc being made. I99'O EARRIERFREEENVIRONMENTS,TIUCI r NDRRGRANTIHI33OIOT22 ACC€SSISLE ROUTE fur 'accessible path of uavel" may indude both exterior rnd inrcrior elemenc and is made up ofi (l) an accessible route from an accessible enrance to the altered area and (2) accessible restrooms, tetephones, and drinking founuins serving the altered area. Ifthe enttance, route ro the altered area, existing rest- rooms, drinking founains or rclephones serving the altered ar€as ere noc accessible, tften such elemen8 mtrst be modified to be accessible unless dre cost is disproportionate. Section 36.,103 of thc Tide III Final Rule establishcs padr of uavel requiremene, induding those applicable whcn mrking modificarions &o create a frrlly accessible path of travel may be too costly. When the cost of providing an accessible path of nrvel exceeds 20% ofthe cost ofthe alteredon to the area of primery function it is considered dbpropordonatc. However, even in such cases, changes stjll must be made to thc path of ravel dratwould provide the maximum lwel of accessibiliry. ld/hen the coss ofproviding a fully accessible parh oftravel rrc disproportionate, prioriry should be given ro those elements in the order shown in the illusardon on pagc 8 stardng witb number one, en accessible entrence. For reader reference rhe complete deGnirion for "path of travelo forurd in the Deprrunent ofJustice final Rule at Secdon 16.403(e) is provided. (l) A "peth oftravel" includes a continuous, unob- stnrced way of pedestrien passege by means of whidr the altered area may be approached, entered, and exited, rnd which connects the altered area with an exterior approech (induding sidewalk, street, and perking areas), an encance to the facilicy, and other parts ofthe facility. (2) An accessible path oftravel may consist of wells and sidewalks, orrb ramps and othcr interior or exterior pedestrian ramps; clear floor paths drough lobbies, corridors, roorr, and other improved rreas; parking access aisles; elevators end Iifts; or combination of these elements. (3) For the purposcs ofthis part the term "path of rrvel" also indudes the resuooms, telephones, rnd drinking founteins serving the dtered area. 1994O EARRIER FBEE EI{VIBONMENTS, II{C. I,NIDRR GRAIIT IHI$OTOIZI AD,MG 3.f Defnhims. .4ilitioa, An upatioa, ef'ta'tion, or inrcass ia thc gros lhor arcz of a hi6ing or fatilitl. Alwttioa. Aa ahnetioa is t changc n a hiUing or facility a& by, oa bcbalf of, or for thc uc of a public acottmdatiott t otarticl fuility, that afac or mild affcd thcrcatitity of thc brildiagor facility or part thraf. Altrmiozr iadadc, bxt src tpt limitcd a, ranodeling, rmwation, rc b ab i li u tin, recatzt ttzai u4 birtoric ramratioa, thatga or rcotangc*ttzt of thc stncaral p*t or elanat4 ntd ehatgt ot rat rarrg.mmt in the phn dafgu- ratior of aalb nd fill- h ci gh t pa'titiat. N anu I niaintcrwtcc, rdufng p&ttiag or wallPaPting r thonga m mcchaaiul aad clettriul Estaw fie noa tltratiora lllllal tbq rfec tbcuabiliY of rtc hiUingorfacility. ADIIAG 4. 1.6 Artt*ihb tuiHt W Altnnio* (1) Spcciol Tccbniul hwtiollaforAhcratiow a Etistiag Baildings md Fadlitia- ACCESSIBLE SOUTS Priorities for Providing Accessible Path of Travel and Accessible Elements When Disproportionate Costs Exist: l. an accessible enrrance, 2. an accessible route to the altered area, ]. at least one accessible resEoom for each sex. or an accessible unisex restroom 4. accessible relephones, 5. accessible drinking fountains, and 6. additional acccssibte elements such as parhng, storage, and alrrms. altaration to primary function area traggors fho rsquif6mont for thc path of trav€l to be accessible {includas an accsssible route} lt accersibls drinking fountain accessible telephonor accessibls cntrencs 1\.r]j L- ^a now accacrible t ontranco on rn accessible rogte mey be provided rgmodel tho existing rglrtrootrrtt rerving tha altered areg lor create a second set of accessible restroomg within tho alrered srerl Accessible Path of Travel To Aftered Area if making entire path of travol rcce*ibls becomes dirproponionatc thon fettursr I th.ough 6 rlong thc path muri be made occersiblc (with I being mort critical and progrersing toward 6) to rha axtont that it i! not disproportionato in cost rl0ao EARRIERFREE EITVIRONMSNTS, lf{C. I . t'llonn cBAilTtHl33Dtol22 ACCESSISLE ROUTE Accessible Routes in Historic Properties ADAAG 4.1.7 Even though alterations are being made to a building or facility drar is eligible for lisring in the Nationd Register of Hjstoric Places or is designarcd rs historic under Sute or local hw, the alteradon still must comply with *re alterations provi' sions of the ADAAG. However, when alterations are being made to hismric buildings and sites, a faciliry mey nor be required to provide an €xterior and inrcrior accessible route (induding ramps and entrances) co dre same degree as required in new consmrc- tion. The alternative requiremens of 4.1.7(!) may be used onlyif the fecility hu been reviewed by the State Historic Preseryadon Officer or a certified local government historic presenrarion ofrcial and a ruling has been made that full complirnce witlr drc rccessibiliry requirements in 4.t.6, the alrcradons secrion, would dueaten or desroydre hisuical significane ofthe btrilding c 6cility. In cases where it is determined that the historical significence would be seriously compromised by ftrll compliance with the dterations standards, alternadve minimum requirements mrst stjll be mee At least one rccessible route complying with the ADAAG requirements for Accessible Roum 4.3 (wi*r grcater latinrde in enuance locadon and ramp slope) must be provided from e sirc rccess or arrival poing e.g., parhng, to an accessible enrence. This route must continue to all publidy use d sprces on at least tfie level of tfte enrence. ln very unuzual sinradons such as cliffdwellings or isoland lighthouses, it may noc be possible to provide an acsessible route co an enrance. In such cases, a videoupe or odrer means may be the only wey to provide "aeessibiliry." Accessible Routes At Work Areas ADAAG 4.1.1 (31 Employee areas are considered non-public areas. In new construcdon dre ADMG requires access ro drese work areas ro dre enent thet e p€rron with a disability can "approach, encer, rnd exit' the work area but does not require that each individusl work stadon be accessible. Where there are small individual offices in a typical office building dre accessibte route must pass through the office door. The office itself must have suficienr room to allow a person using r wheelchair ro rpprotch, to ent€r, end o exig however, maneuvering space within the work rrea is not required. lggao 8aRilER FR€EEaWIRONMEiITS, UtC. r- NTDRR AnAnrrHr1lototztl 9:, ADAAG 4.t.7 (I)(a) ,.. Aluratiors u a qualifcd hirurie fuiding ol fuilitl [tttust] cntpS aith AD,MG 4.1.6 Aeasihh Buildingr Atuntiuv, the opplicahh tabtital [dcsignl qccifcanor of a.2 rtnagh 4.11 nd thc applicahk qtcial applicaaoa nains , through 10, ... BFE note: For birurie fuiWing or fadlitta rte rcgtircd nininatn fufircs atd clanau tbat nwt bc linLcd by at uccasiblc rortc arc qccificd by AD,4AG lr,e,iora 4.1-7 Accaribh Br idingx H istorie h a cnt a tioa ad 4,1.2 Aaasibh Rotu, Loeatiotr. ADA'4G 4. 2. J llbcchbeit Taning Space. Thc qrcc rcqabcd for a vhcckhair u malc z 180 - i4rcc wn ir a clcar rPacc of 60 ia (f21 wa) dintata or t T+bqcdspac. ADAAG 1.5 DSniticnr. Dudling Unit- A singlc ttttit obi* prwida a lcittbat orfood prtpzro- tion area, in aMitioa to nons and spcca for liaizg bathitg, dceping and tbc IiLc, Doclliag arriitr inrta& a nzgh fanily bontc or a totnbouc wcd rc a ttattiant group homc; srr aparunnt hriAkg wcd as a sbckr; gtustr*tw br c botl tbat prwilh s h cp in g acc wnonb tinr ail fo d pltparati@t frct s; cnd otba simibr facilitiu wcd n 4 trawiatt tasis. For prpaa of rtac gai&litu, ue of rtc ten "Daclling Uait" ha MWth.wnituddutifu. ADAAG 9.5.2 Ahattioas ia Traasiatt ladgiag in H ads Shdtat, Hdfuay Hoersa Tirn- siatt Grwp Hona, ond Otba S ocia I S ttti e c Ertal lb bant. 10 199fO BInRIERFREEEI{VIRONMENTS,[tlc. I N|DRRGRAtrltfHl33ot0t2z ACCESSISLE ROUTE In "landscape" or open office environments, rhe require- ments are the same because the use of "systems" frunishings provides flexibiliry for modifring individual work stations ;s a "reasonable accommodation." (Other locd reguladons, however, may scipulate rninimum aisle widths that musr be provided between work stations.) Under the "reasonable accommodrtion' provisions of Tide I of the ADA @mployment), an employer may be required to provide accessibility of an individual work are3 or station to accommodate the needs of an employee with a disability. Other work iueas ilch as medranical or boiler rooms and restaurant kitchens must & on an accessible route; but equip- ment need not be accessible. It is reommended drar rhe accessible route extend into the space or room for a distance ofrt teast 48 indtes (the length of a wheelchair padcing spece, see ADAAG 4.2.4.1 Size [of a sationary wheelchair end ocorpantJ). Areas that are employee "common use' areas and are not solely used as work stations (e.g., employee lounges, cafeterias, health units, exercise facilities) in new constnrction and dter- edons mu$ comply with dl applicable scoping and technical design requirements of the ADAAG. Gting dre above exemple, if an employee mu$ pass tJrrough the kitchen ro get ro en em- ployee toilet room then an accessible roure musr be provided though the kitchen ro the toilet room. Accessible Routes At Dwelling Units ADAAG 4.3.2 (41 Although the ADAAG, ar present, does not provide specifica- tions for housing it does contain accessible route requirements for cerrein dwelling units. Dwelling uni6 covered by the ADA and subject to dre requiremens of the ADAAG arc dwelling units used as uansient lodging.They are geuerally ocotpied for a short period of time and indude sudr facjlities as a single family home or townhouse used as a transient gtoup home, en apart- ment building used as a shelter, or a gucst suire in a hotel. In new consruction there must be an accessible rourc drat q)nnecrs rt leest one accessible entrsnce ofeach eccessible dwelling unit with dre interior of rhe unit and all exterior spaces rnd facilides that sewe that accessible dwelling unir Thc dter- ations provisions of 4. 1.6 (Accessible Buildingsr Alterations) and 9.5.2 (Alterations in Transienr Lodging) apply to *common useo areas and to individuel as well as group-use sleeping rooms. Any area tJrar is being significandy altered may be required to be brought up to the new consrucdon requiremenls. If the alrered area is a "primary funcdono area for which the facility is in- tended, an aaessible route as part of the path of tavet, wilt be required from the building enaane to rhe altered aree. See page 6 for additional disorssion ofobligations to provide accessible rouges to altered rreas. ACCESSISLE ROUTE Design Specifications for Accessible Routes Width and Height ADAAG 4.3.3, 4.3.4,4.3.5 (4.4.21 must be 36 inches wide. Height and Width of An Accessibla Foute 8FE note: ADAAG 4.1 Acessibh Rottc prwida bafu technisl infwnztin n tbc daiga of aa accanibk rotn, uhih the appendb scaim A4.3 ofot impon ant m p p I an m U I infwnatin, ,4hbouglt ell appatdit sutiut arc doiwy, thE * iada&d ia tbc ADAAG n inmxc hwoWgc of acccsibility bl;a,a. Turns Around a Narrow Obstruction Tsrns Around r Wider Obstruction Width" An accessible route must have a minimum dear (unobstructed) \yidth of 36 inches all dong its route, except thar it may be reduced to 32 inches clear wheri it passes rhrough doors or walls or where a single piece ofcane detectable free- sanding or wall-hung equipmeni or frirninre may encroaclr. Twenry four inches is the maximum distance the iourc can be reduced to 32 inches in width. Thus if e walt is errearer than 24 inches thick, an opening through the wdt for ariaccessible roure --lr.lr'=loElb.t!ot€ €o l9 I -f The accessible route mu$ connecg bc part of, and pass thrgySh the larger maneuvering spacc required at doon. The width ofan accessible route must bc enlarged when going around an obsrnrction in a U-shaped path m dlor deerancJfor people using wheelchairs. If the obstruction is tess than +8 inches wide then the width of the route must be enlarged to 48 inches ar dre base of dre U and 42 inches at the legs of-rhe U. The minimum dear width of the accessible route B6 inches) is not wide 91ough to allow two people using urheelchairs to pass each other. Ifan accessible route is less thanZ0 inches wide, it must hane pTsing spaces which are a minimum of 60 inches by 60 inches. These passing spec€s must be located at reasonable- intervals and must not heye more than 200 feet between them. AT-intersecdon oftwo mmplyingwath or corridors can be used as a passing space. I99'O EARRIERFREEENVIRO'\I'IIENTS,hIC. I NIDRRGRAilT'HI33DIOIZ 1l sccosgiblo roula or circulation spaco p913on u3ing long cone dotectt werning barrier and avoids heed iniury 24' {max.} wide obiec may overlap accersible route for a maximum of 4' Avoiding 0verherd Hazards E og! Eo e!Go ACCESSIELE ROUTE Height. A minimurn of 80 hches ofvertical clearance or headroom mus[ be provided along all iccessible routes es well as at all other circuladon par.hs, induding stairs. This specificadon protects all building users and helps to elimi- nate head injuries for people with low or no vision or others who may be inobsewanu Typical hazardous obiects that mry encroach on head- roorn are signs, the undernearh supporting stnrcmre of suirs, sloping ceilings, guy wires, sctlpnues, and tree limbs. Ifthe head room ofan area adjoining eirher an accessible route or a circrrlatjon path is less than 80 inches, a *'erning barrier such as a planter, railing, wing wall or similar detect- able object must be positioned so a persor who is vizudly impaired can detect the objectwith a cane and avoid the overhead hanrd. passing rpace manouvenng rpace at doora. gee ADA.AG {.13.63!l' min. it doo. accesriblo route T-ints.section cgn function as a pasaing space Accessible Route: Width, Height and Passing Spaees r2 I99'O BARRIERFREEEiIUROilM€Nfi',N8. I NIDRRGRAITTII{lalDlOTZI ACCESSIELE ROUTE wing wsllr or otha. detoctablo w.ming barrier must not r€duco acce3siblg route Wall-Mounted Obieas lnstalled Between D€tectable wing Walls lIIg'€ 8ARil€RFREEEtt|vNOilMEI\rTS.[\F. T Protruding Obiects at Accessible Routes ADAAG 4.4 All accessible routes and circrrlation paths, induding strirs, must be free of objects that project from wrlls and posts thar are drngerous to someone who is inobservant or a person wirh a visud impairmenr Requiremens rre given in ADMG 4.4 Promrding Objeca for insallingwdl-morurted obiects so they do nor po6e e hezard elong any cirorlation path. Typical promrding objeca thrt mry be hazards are signs, fire exdnguishers, light fixnres, drineing fountains, and valve conrols on strndpipes. Sestjon 4.4 resricts promrding objects mounted from wdls or posts from projeaing more t}an 4 inches inm cirorlation speces or requires thrt protnrding obiects be installed in such r wey that they are nor hazards for people who have low vision or rre blind. Protnrding objects or any cane detectable rvarning barrier must not reduce rhe width of an accessible route more than 4 inches for a meximum distance of 2,1 inches. bonom edgc of fountsin outsidc canc detetable ranga Hazardous Protruding Obiects NDRR CRAII'T'HI33D |0IAI t3 obiocF can protruda I max of 4' inlo acco!!iblo rouio for max of 2il' 12' max, {' max. into circulation prth Width of Accessiblo Routes and ACCESSIBLE ROUTE wider obiectg at thir location not permit. ted since accesrible rout6 cannot veef around obiect routs and circulation path walk widenr to provide minimum required width for recrlrible .outo ar displav window post-mounted obiect! with bonom edge abovo 27' can projsct no more than 12' into a circulation p.th; and may reducs thc clear width of an reorsible routa by only il' dirplay care is deeper than 4' and wider than 2rl':r becqllo it i! wid6. thrn 2,1'it cannot ovedap eccer. sibla route by any lmount r bscauce it is st or below 27' it con overlap the citculotion path by any amounl 12'max. IFt0 eItq'a poll- mounted telephone enclolure Circulation Paths at Protruding Obiests t4 rsgao BARa|ER rREEEilURorlrMENts, lilc. I " r,tDRR csAj{t.Htt30t01z ACCESSIBLE f,OUTE Surface Textures ADAAG 4.3.6 Acceptable T1pes. Accessible rourcs musr always have sable, firm, and slip-resisunt surftces. These are the easiest and srfest surfaces for people who have diffculty walking or maintaining balance or who rse crutches, canes, walkers or mobility devices such as wheelchairs or s@orers. Soft, loose, slippery or irreguler surfaces may significandy slow dowrr or even prevent Ervel-end can be dengerors. Such zurfeces mey pose a tripping hazard and may cluse ambulatory people wirh mobiliry and/or bdrnce impairmens to frll. Rolling over soft loose surfsces such as deep pile carpeg loose sand, gravel, grass, and some dirt surfaces is difficult or impoe- sible for most manual wheelchair users. People who rse electric wheelchairs or scooters may have difficulw on such surfaces since exea force is required to dvel on them. ihis may drain baner- ies quickly and can Ieave tle person stranded. Irregular surfrces sudr rs cobblestones and similar uneven brick or concrete pavers are also unacceptable on an accessible route.All cirorlation paths and accessible routes should be kept free ofany debris such rs wilst€ paper, leaves, and grrvel which can impede eavel. Carpea ADAAG 4.5.3 specifies ther carperused on circularion paths and on accessible routes must be secruely atrached and anv exposed edges must be frstened to the floor surface with trim. The carpet mrut hrve a level or temrred loop, or a level cur or level cut/uncut pile texore with a mrximum pile thiclcres of l/2 inch. Any anshion, pad or backing must be firm, or as is often prefered, dre carpct is installed without r pad. Some people who unlk with crutches, ualkers, or qrnes prefer a carpeted floor srface to a hsrd smooth floor. However, carpet may be difEcult to trryel over for people who use wheel- chairs, even when the ADAAG requiremenu for carpets are mer To make clrp€t as accessible as possible, designs with weaves that cause a wheeldrair to move in a zigzag panern should be avoided" It is imponant to eliminrte any movement berween the floor end the pd and the pad and rhe carpet to keep the carpet from humping or unrping and interfering with wheel- drair movement Loose Srnd or Grass is Not Acc@trble I99' O BARRIER FREE ENVIRONTIl|Efffq hrc. I NIDRR cRAfrlT rH133D10lzl 15 ADAAG A4.t Gtwnd etdFbor S*feccs. ... the n*it ncftcimt of ftioion ... prwi& z tkrc apywimation of tbc ilip rerisuatc of t nttfan. ... saac ilippage b ntcawry foraa&iag especially for patou witb ratriad gitr; e wl "aot+lip' ntfacc anU not bc ntgotiatcd. , .. A sutic dcff cicat of frictiut of 0. 6 is rconttadcd for sccsiblc rmtto atd 0.8 for raqa ACCESSIET.E ROUTE Slip-Resisance. Slip-resistance is en essendal feamre of the sur&ce of an accessible route and is based upon the fricdonal force necessary to keep r shoe heel or crutch tip from slipping on e welking surface. Many common building materials suimble for flooring are now labeled with tire ustatic coefEcient of fric- tion" (see sidebar for recommended ratings). Tbe coefficient of biction may be significandy reduced to the poinc of un.cceptable performance by water, Iloor finishes, and other contaminant$. Watern ice, or snow ann crelte danger- ous slippery conditions. Faciliry maintenance must routinely address these changing conditions. Gretings. Drainage Fatings can be a hazard when placed in welking nrfaces ofcircularion patfu and accessible routes. Ifthe openingt in the grate are large the frontcasters of a wheeldrair can stip inrc thern, causing the cheir to tip and the ocarpant to fdl. Similrr diffictlties are experienced by people who use cnrtches, canes, or walk€rs. All gradnp loceted in wallcing surfaces must have spaces with the smdler dimension no grealer than t/2 inch. Gretings with recungul.r openings shell be insulled with the long dimension of the opening perpendianlar m the dominant direcrion of travel. Small Changcs in Level. Smdl abruptchanges of level in the $rface of an accessible route pose a tripping hazard for many people. People who wrlk wearing braces andy'or who have difE- orlry mainaining bdance arc paniorlarly zusccptible to catdring their rces on smdl level dranges. Such uneven surfaces frequendy ocnrr where there is a marerial drange, where rhere is surfrce damage from weathering, or where construction practices havc not been well monitored. While it is best m have no changes in level, there crn bc a verti- cd change in lwel up to l/4 inch. A change in level between l/4 inch and l/2 inch musr be beveled (at l:2). Changes greater thrn l/2 inch require the insullation of r ramp, ctrb ramp, elew@r' or lift (sec Changcs in Levels, pagc l9). Small Changes in Level Are a I npprng Hazard 16 19!"O EARRIEBFRSEENVIRONMEI{TS,F{C. I HDRRCRAI|T'I{I3:ID|0IE2 ACCESSIELE ROUTE pradominant direaion o{ traffic a maximum slope of 1:2 can bc uscd for amall changac in levol bcvelad carpet edge f' minimum for l:2 bovel o i€€E Crrpet Pils Thickness Surface Tentures and Small Changes in Level Along Accessibte Foutes 19940 EARRr€RFfiEEET[VtROtrtMGftTs,tttJc. r NDRRcRAT{trHt33Dtotz2 17 Gruting ADAAG 1.5 Dcfiitio*r. Cmss Sbpc. Tbc slopc tbat b papatdialat u thc d,ircaiot of tncL Slopes on Accessible Routes ACCESSISLE ROUTE Slope ADAAG 4.3.7 Accessible routes can slope up to 5 percent or l:20 (the maximum slope for a wdk) condnuously. Other pordons of the route may indude ramps with a maximum slope of 8.33 percent or I :12. Even an 8.3 3 percent ramp may be too srcep for many people with mobility impairmenc to use . In cases where space permits, a longer padr with a shdlower slope is safer and easier to negotiate. [n alterations end historic presenation projects somervhlt steeper slopes are permined for very short ramps where space limitedons prohibit the use of a l:12 slope. See ADAAG 4.1.6 and 4.1.7 for darificarion. There should be linle or no cross slope on eccessible routes. Steep cross slopes tend to pull people offbalance and cause wheelchairs to go offcourse- Nowhere along an accessible route may the cross slope erceed 2 percenc or l:50. walb with a slope batween 5 % and 8.337o ato ramps and rnust msst all ADAAG rsquire- mantl for rampl inoluding thoeo for handrails and level landings,/--- walkwith a5 clope up to 5 96 or l:20 cross slops on walks caurer wheolchairs to go ofl coursa toward thc low ride of rhs well and raquire conrtant corr€ctaon Accessible Walks Must have Little or No Cross Slope lgsao BARRTERFnEFgNvTRONmEilTS.6TC. r. r.||DiRGHAT{TrHt33Drolal18 ACCESSIBLE ROUTE Changes in Levels ADAAG 4.3.8 Changes in levels ere one of the biggest obsucJes to traveling about on a sire, to gaining enry to a building, or moving within a building. Changes in level as small as l/2 inch €n prevent many people using wheelchairs or scoorers from proceeding dong a route. Saeer crubs, sreps at building entrances, rnd building floor level changes along an accessible rout€ must be provided widr a anrb ramp, ramp, elevator, or, when permiaed by AIIAAG 4.1.3 or 4.1.6, a pladorm lifr Suirs are not considered part of rcccssible routes bur must meet rJre provisiors of ADAAG 4.g Stairs if there is no odrer means of verticd circulation (i.e. ramp, lift, or elevator) provided. ADAAG 4.7 Carh Rampt ADAAG 4.8 Rtmpt ADAAG4.|0 Elcsstort AD'4AG4.ll Pl4fonrUfr (lltbeclchair Lifts) Providing Accessible Routes at Changes in Levels thetn sr6 aignificant limitations on thc usc of platform liftr in n6w con3truction. see ADAAG 4.1.361 Exception 4 Platform Lift T99'O SARRIERFREEEilVNONMEilTS. NC. T. NDRRGRANT.HI33DIOIZ!19 o ACC€SSIBLS ROUTE Doors ADAAG 4.3.9 All doors along an accessible roule must comply with Section 4.13 Doors. This ADAAG section addresses clear width and maneuvering dearances et doors (shown in Fig. 2 5), thresholds, hardware, closer timing, opening force, and automatjc and power-assisted doors. Doors and doorways are one of the few insances wherc the minimum 36 inch wide accessible route can be reduced to as little as 32 indres. The 32 inch dear openingwidth of a door is measured benn'een the face of dre door and the opposite stop wirh the door open 90 degrees. Wall thickness at cased opening: or doorwaln may harre a depth no greater rhn 24 inches if the width of the door or passage is reduced to dre minimum 12 inches dear. Doorways with a depth greater than 24 inches must be enlarged to provide the 36 inches minimum dear width for an accessible route. For frrther informadon on acressible doors reftr to the ADAAG Doors Section 4.13 and the Tech Sheet on Doors in this Tedr Sheet Series. \ clear opaning il rmaller than sizc of door : StoP 1 Measuring Clear Width X - 32' min. X.36'min. Doorway Depth 20 o eoo!t lrgaO BARRIERFREEENVIRONMENTS,['lC. r N|DRRGRANTTHI:}|!O10122 Edge Protestion ADAAG 4.8.7 Edge protection is required by ADAAG only ar ramps and landingp widr drop-offs. However, dre edges of ciranladon patl'rs induding accessible routes may have abrupt drop-offs or steeply sloping sides, or such drop-offs may develop over rime due to erosion. A person with either e mobiliry or visual impairment could accidentelly travel offthe edge of the peth and slip or fall because of an abrupr level change. Drop-offs may also occur along the edges ofbalconies, porches and at other similar building condirions. Although porches and balconies genenlly are requfued to have guard- rrils, the distance between venical zuppors may nor be nerrow enough to prevent tle smdl casters on wheelchairs and cene or crutch tips from sliding offthe edge. It is recommended rhar phy,ud barriers such as orbs, walls, railings, or projecting srrrfeces be installed dong the edge of a circulatjon path of accessible route where drop-offs occtr. Ifcubs are used they should be r rninimum of 2 inches hieh. ACCESSISI€ ROUTE curb Detail At watk Lack of Edge Proteetion At Walks with Drop-Offs Can be a Hazard T99I O BARRIER FREE EiIVIRONIUENTS. I'.rc. r . sdgo prot€ciion prcventt crutch tip! rnd 3mall caster'whgeb fiom glipping off edgo of surfacc rampr, porches, and balconias without spproPriata gdgo protectaon can be hazardour for paoplc who uac wheelchairs, crutcher, or cano! Wheelchairs, Crutche+ Ganes, and Strollers Can Pass Under Handrails illoRR GRAIIT rHt3:tot0r22 2l ADAAG 7.1 Dcfmition: Egrcs, Mcans of - A nntiztuus and uaobsmncd uoy of crit nocl frm ony point in o bailding or faeiliry to a pblic ua1. A means of cgrs cotnprita ucrthal add brizotul roel oad nuy incla& i ntmmtin g toont E ua, duru oys, b alla ay, torifu4 parsryqay, baknia, rtTrrps, ttain;' caclostra., lolhiq, borinatal etit, coarts, and yardr. An aaasibk mcans of cgrs b oae tha conplia aitb tbqc gaidclines ad &6 not incfu4.c ttzrift, tteps, or cscthtort. Arcar of raau a.sixauc or a)tdration elantor ma1 bc iadaded ar patt of ausiblc muat of cgras. ACCESSIBLE ROUTE Egress and Areas of Rescue Assistance ADAAG 4.3.10 and 4.3.11 The accessible route that serves accessible spaces and ele- ments must also provide egress for emergencies. Accessible means of egress must be provided in the same number es required ficr exits by local building/life safety regu.lations. In new consrucdon when the acc€ssible route on floors above and below the ground floor cannor discharge (open) onm an ac€essible rouce rt grrde level, rhen each inaccessible floor of the building must be prwided wiri areas of rescue assissmc€ in the same number as the required exits. If each floor is pro- te$ed by a monitored sprinkler qrsrcm or if the building has en approved horizontal exit then ereas ofrescue assistance are not required. fueas of rescue assistmce provide a fire and smoke proteced safe space for people rr4ro cannot use stairs to remain for a short time as they await firrther insrructions andlor assismnce dudng emerg€ncy evaoration. Areas of resqre assistence must have direct access to exit stairways and should be on an accessible route thet contjnues out of the building and into the nrrounding. site as necessary to insure the safety of building occrrpans. See ADMG Section 4.3. I I for fueu of Resore Assistance and the Tech Sheet on Areas of Rescue Assistance in this Tedr Sheet Series. Area of Rescuo Assistanca Must Be Located on Accessible Route x2 199/3 O SARRIER FREE ENVNOi|MENTS. [\IC. T : NIORR GRANT 'HI33D10122 ACCESSISIE ROUTE I ADAAG Reference Index for Accessible Route Requirements For Accessible Route (Typcr of Facilitiea Covered, Minimum Numbar, Location. and Exceptionr| tl.1 Minimum Requirementg for New Construction. Additions, Altarationc, and Historic Preservetion 5.14 {.3.1 General It.3.2 Location Technical Requirements For Accessibte Route 4.3.8 Changar in Loveb 'f .3.11 Arsas of Rescue A3sistance 15 16 Iq 3 16 ti.5,2 Changor in Level rl.7 Curb Rampl 4,8 Rampr il. I 0 Elevatorstl 22 26 27 30 A4.3. | 1.3 Stairway Width 44.3.11.1 Two-way Communication Primary Reference I99IO BARSIERFBEEEIIVIBONME'{TS, INC. r NDRBGBANTIHI33OTO1Z!23 .ctro\oo\ o.O l-..,r 0,E olulr>C(, .ti C, O. +'l (.) >a! oO.rf rJ<tr o{rEUE trce o.H tal. E .'{ao >Or.trg||ad _8ffr A fli,t dl$;i flHl$ FiusF Fii b'=, I SC 9 scL I \) u 3 LTrl{t \n h ! { \- ,( bt F5 -{I\J I! 4*. "l rl ) 3 d; s-t $l T-\ T= d {1 UJt- ,;ttl ,.N ilr' i$$o+(itv * sra{ EUo( A Protessional Corporation 143 East l,4eadow Drive Crossroads at Vail Vail, Colorado 8 1657 970/476-5105 970/476-0710 Fax MoTUERARCHITEcTS Letter of Transmittal oate:gf;PT. !L5 , laab ro, .2!1-1ra kt.ruprfsest FllqR F.{cr..rsNI6 Rfrcy FLAINER_/ O1a111 OF y6t L_ eropct: f;,Bl4jgp Ha;g61- Pleas€ find enclosed the following: Datod Copies Of Wr,2S, taae G) Lerree DNEv ffi 24" talL 7AM JtM Woetw- Rsmarks: lF You l-h.ve ANV QUEgnoI'J9, n-@SE €.atJ-- (reeuraluaRY) =+1T. NO. [-1. - Lnuoec^pihJo a1_ OCaotrJG C2- I,^TILITY aD.l- ^PCH gfie PU^t ) ,i31,1- F-4 Pti^rJHog 6' Af.2- RceR 4.arJH-W b& c At. >_ fLrpp_ p,-AN b.DG D A 2.1 - WrBglop- g$v, Hffib 'bQ2 -EKreptt*- g"Ev Dpo pi a az7-TtrTnB/ . A prof€sstomt corporation O 143 East Meadow Oriv6 Crossroads at Vail Vail, Colorado 81657 970/476-5105 FAX 970/470-0710 MonTRARCHITECTS SePtember 24, 1996 Mr. Andy Knudtsen Senior Housing PolicY Planner Town of Vail 75 S. Frontage Road Vail, CO 81657 Hello Andy, A brief narrative regarding the architectural design of the Red Sandstone Affordable Housing project is as follows: 1. Per your letter to Tom Braun dated September 13, 1996, a consensus exists that the architectural design is "very high quality," and is'Tar superior to the Vail Commons architecture." 2. However, we were asked to review certain aspects of the design, which we've done in a very serious, comprehensive way. 3. We made a long, hard, serious, but fruitless attempt to gracefully add sloping roofs to our buildings. 4. We have added appropriate elements at the entries and decks that provide a coordinated, sophisticated level of detail. We not only provide additional shadow pattems to our walls, but we also have interesting shadow patterns on our roofs from our varying parapet heights. 5. Further, we have developed interesting, efficient details at doors and windows. 6. Further, as discussed at the joint work session of PECIDRB, we are proposing two color shades, and a third color shade for trim and accent elements, atl of which is coordinated with the color of the ballast on the roofs. MonrcnAncnrECTS Page2 7. Also please note the addition of the "chimney" forms that wilt house all roof penetrations. We continue to be enthused about the design of this affordable housing project as it cornfortably takes its place in the neighborhood and meets the Town of Vail's stated goals for affordable housing. Tom Braun Pat Dauphinais ARCHITECTS . uonien ARcHrrEcrs UNIT TYPES TOTAL UNITS AVERAGE SF 't7[_T06dr-t t EAGLE *,ur* *t* AND sANrrATroN DrsrRrcr Fmns6-T:lFHl-Tt8-lFffiF:#-ffiFHffiffi '16132 Itr1ad,r-l OEDICATED UNIT SPACES DEDICATED GUEST SPACES f-36--l o TorAL PARKTNc spncesl-Fl 2.47 spaces/unit UNIT INFORMATION PARKING SPACES BUILOING UNIT INOOORS ouTDooRs IOIAL A A1 1 1 z A2 z A3 1 2 A4 2 I 4 A5 2 B B1 2 82 I 2 D.t z B4 1 2 c cl I I 2 1 I 2 c3 1 2 c4 1 I 2 D D1 1 I 2 D2 1 I 2 D3 1 2 D4 1 1 2 Page 'l 9/25/96 EAGLE RIVER wtR AND SANITATIoN oIsTRIcT rv,flc3dffiltrffif--518-lwll-in-l#l FH=F#tFlFffi 16132 lt l-T-4s s-3F-l 17l-Td5g.E-l . "o*i.* ARcHrrEcrs TOTAL UNITS AVERAGE SF l-55-l 6 DEDICATED UNIT SPACES DEDICATED GUEST SPACES TorAL PARKTNc speces l-?f] 2.47 spaces/unit UNIT TYPES UNIT INFORMATION BUILDING UNIT SOUARE FEET BEDROOMS EATIIROOMS A A1 774 PQ 1342 J z A3 1000 1.75 A4 1518 2 A5 996 z ./5 B a'l 774 1 82 774 'l 996 2 1.75 84 1576 .t 2 c cl 774 I a c2 774 .l 1 c3 996 2 1.75 c4 1576 3 2 D1 774 D2 774 1 D3 996 z 1.75 D4 1576 J 2 PARKING SPACES EUILDING UNIT tNoooRs OUTDOORS TOTAL A \1 1 I 2 A2 1 2 A3 I 1 2 A4 2 z 4 A5 I 2 B B1 2 B2 1 2 B3 I 1 2 B4 !1 I 2 c c1 2 1 2 c3 1 2 c4 I z D D1 1 2 D2 z o3 1 I z D4 1 1 1 gl25t96Page 1 MORTER ARCHITECTS UNITTYPES EAGLE *,u=*,nil* nruo snrurntto* orsrRtcr 17l-i45sF-l TOTAL UNITS AVERAGE SF 17t@l DEDICATED UNIT SPACES DEDICATED GUEST SPACESrorAl PARKINo spncEslJl-l UNIT INFORMATION PARKING SPACES Page 1 2.47 spaces/unit 9/25196 . MORTER ARCHITECTS UNIT TYPES EAGLE *,u=* *t*AND sANrrATroN DrsrRrcr flEil-so--flffill-j-TE-lfi-06-1FffiffitrFffitrFl-ft44- .1 16132 17l-6a03-l TOTAL UNITS AVERAGE SF 1''I iTsEil DEDIcATED uru r spacgs l---56--l DED IcATED G UEST spAcEs --o--- TorAL pARKtNc spRces [--?f,| 2.47 spaces/unit UNIT INFORMATION PARKING SPACES BUILDING UNIT INDOORS OUTDOORS TOTAL A1 2pa12 A3 1 1 2 A4 z 4 A5 1 z B B1 1 82 .l 1 z B3 1 1 B4 2 2 c2 1 ^2 1 1 z c4 1 n 2 D D1 I z D2 2 D3 I 2 D4 z Page 1 9/25196 IEA IIl IEJR.ALJIN ASSCCIIAITIFS" IINC. PLANNiNGPLANN iN G and COlvll'lUNtTY DEVELOPI'tENT September 19, 1996 Mr. Andy Knudtsen Town of Vail 75 South Frontage Road Vail. Colorado 81645 RE: Revised SDD Submittal Dear Andy: Jererny Roberts of Morter .A,rchitects will be submitting a revised set of plans for the Red Sandstone Local's Housing Project next week. The following summarizes our response to the major issues that have been raised by the planning staff, town engineer and PEC. / Site Access ecces to ttt" site has been modified to a re-designed shared access with Brooktree and Sandstone Park. Terry from the public works department has reviewed this revision in the field with our engineer. This solution, while more costly, will result in only one curb-cut and also provide much better sight-lines than the existing driveway to Brooktree and Sandstone Park. Flood Plain The existing flood plain is now indicated on the site plan, grading plan and landscape plan. No grading will occur within the flood plain. As agreed to by Terry, an abbreviated HEC-2 study will be completed for the portion of the creek not covered by the existing FEMA maps. This study will be completed prior to the PEC meeting. The delay in completing this analysis is due to the time required to obtain additional topographic information. td"-Str* Snow storage areas are indicated on the landscape plan. One of the five 3-bedroom units has a two-car garage and it is not feasible to provide two-car garages for all 3-bedroom units. Two points to keep in mind are that the proposal is providing an enclosed space for each unit and the endre project er.cEeds the town siandards by six sperces. We have studied alternatives for adding two additional surface spaces and due to impacts on Itutdscaping, snow storage, and the need for additional rctaining walls, I would prefer to not add more surface guest spaces.interested in Jour perspective. Buildine Form and Materials Morter Architects has studied the building in order to identify possible design changes in response to comments made at the work session. Our response is indicated on the building elevations and are described in a letter from Jim Morter. Minturn lronworks Building 201 lYain Street, 2nd Floor Post Office Box 776 Minturn, Colorado 8 645 Phone - 970.47.5797 Fax - 970.877.550'l /siaewatt thelombination of the location of the road and the slope below the road to our site make it very difficult to construct a sidewalk without additional retaining walls below the road. One of two things would occur if a sidewalk were constructed, l) there would be a severe drop from the sidewalk to our site that would possibly require a railing, or 2) grading would significantly impact the buildable portion of the site. Another point to consider is that the Town's Trail Plan does re! identify a sidewalk in this location. Finally, it is important to ask where the sidewalk would go and who it would serve. It seemed that the need for the sidewalk was prompted in large part by the proximity of the bus stop on Sandstone Drive. There is an alternative stop down the road that is very convenient to our site. Walking distance from the middle of the site to this stop is only three minutes, well within the walking distance ofresidential development to other bus stops throughout the Town. Due to physical constraints and the availability of other viable alternatives, we have not proposed a sidewalk aiong Red Sandstone Road. ",4-andscapinsThe size of the pocket of trees between the buildings and the road has been increased by approximately 507o. While we have not increased the height of the wall, we are not able to reduce the height ofthe wall as you have requested. #ZaremenE ./'\ we have identified the approximate location of three easements on the revised site plan, l) a drainage easement b,etween buildings A and B for the culvefl that will carry off-site drainage ,, through the prop-ey'y (Pat is working with Larry Grafel regarding who will pay for this / improvement), fl an access easement for the Brooktree and Sandstone Park driveway, and 3) a road easement for the portion of Red Sandstone Road located on our site. It is our iniention to formalize these easements as a part of the future subdivision of the property. Existing Vegetation The landscape plan indicates a Iimit of disturbance line and also identifies trees and shrubs to be impacted by construction. Russ Forest has told me he will provide a letter regarding his position on the vegetation along Red Sandstone Creek. I have also asked a wetlands biologist to provide me with a letter regarding this portion of the site and how the Army Corp regards this type of situation. Shnrbs located along Red Sandstone Creek to be re-located are identifred and transplant / areas are also indicated. / A\ ueelsualkv' The proposed buildings maintain the required 30' stream setback, however, there is not sufficient room to accommodate public access along Red Sandstone Creek without significantly impacting the stream corridor. Russ Forest's perspective is that public access along the creek would provide little in the way of public benefit because a trail would lead to nowhere and the creek cannot be fished. An important point to consider is that the Town's Trails Plan does not identify this locationllJlltiu. flll ulrPUIu It pUUrL tU CUIIlilOCf lS LIla[ UIC IOWII S I fillls rlall (I(JCS 4! rU9ntlly Lul] I{JUaLrUlr f:-1 for public access. In addition, a very steep slope and two 48" culverts are located at the north end l$) 0l of the site - two very real constraints to constructing a trail in this location. ,n , EUf-/ '- "- D-*-- -' \ bu-,/-. . I s,FVRight of Refusal J Pat Dauphinais will discuss this concept with the Board of Directors of the Eagle River Water and ,1' ;/ SanitationDistrict. Inconcept, Idonotthinktherewillbe aproblemprovidingtheTownwiththe -'. _^j;r* opportunity to purchase "District units" provided the District does not assign its first right of [0:,' refusal to others. S ilf Utilities P^-/- fun\iv /t*t't'-il! r^rh1 .*.l {^r' f .z\ it) t .t,vt\f ' A preliminary utility plan has been prepared. With the exception of pedestals and other above grade improvements, all utilities will be located under ground. Subdivision Our plan is to apply for a subdivision of the property at some point in the future. I do not want to do this until I know if the USFS land is in or out of the deal and we won't know that until the land exchange is complete. Fire Department The size ofthe fue deparftnent turn around has been increased as per their request. We will located a fire hydrant after the Department has had an opportunity to review our revised entry. Ensineerine Issues All perthent engineering issues raised by public works have been addressed. Sincerelv. rl/'^ I\ ^ \/,'t,* Thomas A. Braun, AICP cc: Pat Dauphinais Dennis Gelvin JimMorter September 13, 1996 Mr. TomBraun Braun and Associates P.O. Box 775 Miatum, CO 81645 RE: Red Sandstone Dear Tom: This letter is a summary of the outstanding issues which must be resolved on the Red Sandstone project. The infmrnation provided below reflects comments from the Planning and Environmental commission (PEC), staff, the Public works Deparffrc,nt, and the Fire Deparhnent. I have consolidated the list and request that you address each of the points' We may need to meet with the various players involved, prior to modifying the plans' I am suggesting that we can save time by developing oonsensus beforc tuming it over to your engineer for a final desip. After you have addressed the issues and bave incorporated the changes in the drawings from the architect, landscape architect and/or engineero please submit four sets ofrevised drawings to the Town, a minimum of two and a half weeks prior to the PEC hearing you would like attend for a final review. I would like to dishibute the drawings at our weekly Design Review Team meeting, which is scheduled each Wednesday at 9:00 a.m. I will need tle drawings by Wednesday at 8:00 am in order to route them to the rest of the staff' Concerns expressed by the PEC: ,'( Addtwo-cargaragesforallthreebedroomunits' - J4 d, .,. Add pedestrian exits out of the garages' if possible. v ,/. Add a sidewalk along Red Sandstone Road. - a4 b4 Identifr adequate snow storageareas. t .t' | lJ ./{'d-u-4r"- L 7a/4fI.+"' .k/Y"-- "<z* d-'c- tf'a-':<-' fi \everyone\Andy\95-letie\bnun.906 tr-T o Add significant landscaping along Red Sandstone Road' f=-f Show 6e 100 year floodplain on all site plans (note: Venfy that gradiry does not occur in the floodplain). 3 . Provide a written wetland analysis. fi . provide variety in the building;s siding desip. Specifically, add stucco and roofs over ,/ the entrances. / purzue the opportunity for a streamwalk. (note: If one is created" it should be located within a public access easement), - {2 ,.tl/ -o The PEC would prefer one consolidated curt cut'*a o When given the ult "outiu"., the PEC said that they would prefer additional landscaping along Red Sandstone Road, rather than a sidewalk, if the area could only accommodate ,/ one oPtion. ,/( Uosttf the pEC menrbers said that the SDD procedure was appropriate for this development. o The pEC and DRB meqbers were split about the flat roof issue and it was interesting to hear the range of comments. Henry Pratt may have summed it up the best and some of his comments are shown below: The arohitecture, as presented, is far superior to the Vail Commons architecture. Design professionals like flat roofs (They are the nrost efficient and are a very good design). However, in layman's terms, it will appear as a stack of boxes' This appeaxance may equate to'lublic housing'" though the curreut design is very high quality, the public will not appreciate the good arohitecture. I believe that Henry's comments encapsulate the range of other comments. As a summary staternent, staff will be iacluding his position in future discussions and encourages you to consider his position. SEtr ,/,-During the PEC hearing it was suggested that an easanent be granted to the Brookhee development. Also, it was zuggested to deed the portion of the site, which the pavement of Red Sandstone Road crosses, to the Town as right-of-way. I wil be researching how this situation has been resolved in the past. I know of two developments (44 Willow Place and 383 Beaver Dam Road) where this type of encroachment has occurred. J"It tj .-t_e7uaF f, \everpne\Andy\95-lete\blarm 906 "P*/q rfl{, ' Conceming the concept of the first and second rights of refusal on the dwelling units, I believe (J l" ;; ;;;t";r -*v ottn" concems raised by the publio by providing reciprocal ltt-& 2od rights of refusal. For example, the Town would have the frnt right ofrefusal for its five units' The Disbict would have the second right-of-refusal for these units' For the twelve District {i units, a reciprocal arangement would be created' In past discussions on the ADA, we have leamed that physical constraints affect the applicability of the code. Given that the change in grade from the driveway to the bus stop is to feet (requiring 320 linear feet of ramp at So/o),this may be a case where a staircase is a ."u**il" ,otutipn. tf it is helpful, I oan talk with Judi Antlerson-Wricht (an expert on the ADA codes) about this situation. Details fromthe PEC memo o All existing overhead utilities must be put underground or removed. PlTse describeo i , r 7 whattheplaniswiththeexistingoverheadutilities' fao f'^. t"-'lt * lL< t<;lt ' _f-.iA/\ If possible, rework the retaining wall along Red saadstone Road so that it conforms to tni tlree foot height limit and provide additional room for landscaping. concerning wetlands, please show where willows, to be impacted by tle constuction, will be transplanted to other areas on site. Also identify where the temporary constuction fence will be located" to proteot the riparian corridor during constnrction. How muoh extra work (anil cost) is required to submit a subdivision application at this time? I believe that tle work must be done eventually, in order to genffate a condominium map and that doing it now would simpliry the review process. D po 6? 1' Public Worlg: I have attached comments from Greg Hall, which reflect his detailed analysis of the development. What may be the moJt helpful is for you to meet with Greg first, and prioritize his conoems. Eventually, I will need you to address each point and reflect the Public Work's requirements in tle revised set of drawings. Fire Department: similady, I have attached Mike McGee's comme,lrts and a photocopy of a diagram he drew rega,rding the fue kuok turn around. f:\everyone\Andy\96-lette\brarm'906 a I look forward to wrapping them up withThank you for your attention to all ofthese issues' you. Sincerely, Andy Knudtsen, AICP Se,nior Housing PohcY Planner cc: Susan Connelly Greg llall MikeMcGee *l *'t f o tI Adjacent Property Owners Red Sandstone Local's Housing Project Potato Patch Town Homes c/o Larry Bames Vail Home Rentals 143 E. Meadow Drive Vail, Colorado 81657 Sandstone Creek Club c/o Anne Sullivan 1020 Vail View Drive Vail, Colorado 81657 Sandstone Park Condominiums c/o Bill Sargent Crossroads Realty P.O. Box 1292 Vail, Colorado 81658 Brooktree Condominums c/o Nino-Anthony Liccardi 980 Vail View Drive Vail. Colorado 81657 Cottonwood Park Townhomes c/o Russ Kramer 6200 S. Syracuse Way #435 Englewood, Colorado 801 11 Aspen Tree Condominiums c/o Kerry Synder P.O. Box 1527 Vail. Colorado 81658 u.s. F.s. c/o Bill Wood P.O. Box 190 Mintum, Colorado 81645