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- I'd like to call to order the July 27th meeting

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of the Town of Vail Planning Environmental Commission.

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We have four commissioners present in the room.

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Do we have any online?

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We may have one or two more joining us here,

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but we are past one,

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so we have a quorum and I would like to get going.

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The first item on our agenda

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is 3.1 has been withdrawn.

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There's no action for us needed on that, correct?

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- Correct. Yeah.

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- Okay. So the next item, our agenda is 3.2.

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Request for review of variances from section 12 dash six C

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dash six setback section 12 dash six C nine,

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site coverage in section 14 dash six seven, retaining walls

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of downtown codes Pursu in the chapter of 17,

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variance is Title 12 L town code to allow a garage addition

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and basement level living space within the required front

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and side yard setbacks,

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an increase in allowable site coverage,

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retaining wall height, exceeding exposed face height

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of three feet in the front setback located at 4 42 59 nugget

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lane, big ho estates townhouses, lot two

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a re subdivision lots 10 and 11.

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It's PC file 26 deaths 13.

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I'd also like to note for the record

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that Commissioner Jensen is also present.

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Also as a reminder to everyone, we will be hearing

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to our rules of order

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and time limits for today for applicants in public comment.

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The planner on the file is Cole.

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Cole Diva presentation for us.

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- I do. Thank you. Yep.

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And I'll have Michael come up here too

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and I'll give a short presentation

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and then I'll hand it off to Michael.

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So these variances we kind

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of looked at at the last meeting

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and you guys had some comments for Michael to go back

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and kind of rework some of his requests.

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So I'll go over some of the changes that have happened

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as well as what hasn't really changed

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from his initial request.

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So just to kind of orient ourselves, this project is located

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in Eastvale on Nugget Lane.

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It is just south of Bighorn Road.

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It's accessed by a single lane bridge that takes you over

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to Nugget Lane in the Glen Falls neighborhood over there.

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Staff would like to note that I, I did some research

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and did a lot more digging on the

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variances in this neighborhood.

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And this is quite a trove of variances in the neighborhood.

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And so there were about 15 plus variances

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that have been granted in this

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neighborhood since the seventies.

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So just something to note,

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I know commissioners had some questions about other

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variances in the neighborhood going into the request from

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the applicant and oops, there we go.

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And what's being requested as of of today?

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So the first request is a variance of setbacks to allow

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for the garage to be built into the front

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and the east side yard setback as well as the

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below grade encroachment that already exists

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as crawl space currently,

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but the applicant is requesting

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to dig out the already existing crawlspace

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into basement livable area.

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And then second is a variance for site coverage on the lot.

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That would be an increase from 20% to approximately 23%

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from when you last saw it.

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It did decrease but not enough to really sway

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that percentage too much.

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And then third, that variance,

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which was originally requested

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for retaining wall height in the front setback

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to be higher than three feet exposed

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is no longer being tried for today.

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So in the motion you can read in the approved motion,

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that will be not something a part of

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that in the denial motion.

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It will be still a part of the motion.

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So just something to note.

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The retaining walls will no longer,

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is no longer being requested today

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for being higher than three feet.

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Just to kind of point that out,

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the applicant did give us kind of those

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retaining wall heights

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and I'll kind of zoom in here just

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to show those have not changed

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or those have changed to be lower than or at three feet.

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- Three - Feet and then three feet as well.

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And we'll take a look at those renderings to kind of see how

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that has shifted the, the kind of grading

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that was being proposed in the initial variance request,

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the, the grading that the applicant was proposing would've

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kind of shielded the garage a bit more.

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The mass of this additional garage

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and the front setback has been kind of taken away due

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to the retaining walls dropping in height.

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So

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And so just kind of going over this really nice diagram kind

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of showing those setbacks.

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The applicant also was able to take those side yard setbacks

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that previously had been at zero

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on the east side yard setback has now been moved closer

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to the five foot off of the property line,

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pretty much in line with the already

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existing encroachment into the setback from the basement.

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So this green shaded area is that already existing

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below grade encroachment into the setback?

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This home was previously a part of Eagle County

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and when it was annexed into the Town of Vail,

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the zoning was kind of placed on top

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of this already existing home.

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So much of the home is already in the setback

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and that is seen both at the below grade on this side

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of the home on the east side

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and then on the west side as well.

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Just the notes. There was a variance

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that had been granted on this side of the home

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and was approved for a

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below grade encroachment into the setback was the same idea

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of digging out the crawl space

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and then making it into a basement for more livable area.

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And then down here is that garage

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that is going into the front yard setback,

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which is this red dotted line as well

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as the side yard setback,

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which is this other part of the red dotted line.

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So the front,

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it's still encroaching about 10 feet into the front setback,

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but the applicant was able to kind of pull it off

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of the property line.

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That had been kind of a concern for,

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for the commissioners at the last meeting.

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Staff is still concerned with the distance from the road

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to this, you know, higher mass that's closer to the road

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that we don't really see in this neighborhood.

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But yeah, that is kind of the overview of the

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step back requests

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- Where yeah.

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And where on the, looking at the garage, the neighbor

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to the right, how far away is the

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garage from the property line? What's the,

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- And I can zoom in here for you.

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Yeah, so it's about five feet off.

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This is the property line right here, this dotted line.

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It's about five feet off

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of the property line from the closest corner of the garage

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and then it's about six seven,

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it's about almost seven feet from the current parking pad

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that is there for the east duplex neighbor.

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And it's about 27 feet from the,

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from the structure I believe as well.

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Again, just can I ask you a question?

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- Can I just make sure I understand something? Yeah.

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So okay, the dotted line that that goes back

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and around inside of the garage, that's the,

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that's the front today

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- That is the current setback line.

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So that would be, this is the 20 foot setback in the front

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as well as this is the 15 side yard setback.

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So it's kind of all of the setback lines overlaid on top

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of the current home as well

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as the proposed garage, which is right here.

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- Okay, I just wanna make - Sure I got that.

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But that would be the conforming building envelope,

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- I understand that.

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Yeah, yeah, yeah. But, but it's already coming.

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We're already bringing bolt

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and mass in within the setback in that area.

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I just wanna make sure I understood that.

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- Oh my gosh. Keeps doing that.

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I dunno,

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- I'll kind of zoom out - Here.

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- Yeah, again, I kind of went over some

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of the background already throughout,

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but again, many

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of these properties in this neighborhood are

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already previously non-conforming.

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That's where many of these variances over the

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years have been kind of granted.

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Most of the homes are just built into the setback

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and have, you know, wanted to do an addition

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or do work within the setback

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and they've had to have a variance a lot like this.

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And same with below grade variances

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as well in the neighborhood.

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There is a front setback variance

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that I could find in the neighborhood.

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It's for a lot on the south side of the road.

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And that was for a, a home

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that had already been built too close

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and already into the front setback.

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So they had done an addition kind

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of over an already existing

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building footprint in the front

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setback, just something to note.

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And then as for site coverage,

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there was a site coverage variance

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that was also granted in this neighborhood as well.

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- And so that was my question last time. Yeah.

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Was had you found any front, so there's one,

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- So there's one yeah. And it was a prior

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- Non-conforming that at an addition over non-conforming

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- Existing Exactly, yes.

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And so today's ask is a bit different with the garage

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that's being proposed today.

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It would be, there is nothing currently built into the front

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setback and we'd be building into that front setback.

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So it'd be adding mass into the front setback.

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- Which one was it?

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- Yeah, I can zoom in here.

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Believe it's this property right over here.

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So it's a bit to the southwest of the home over here.

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- Okay. - And as you can kind

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of see if you can think about it with the,

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with the property lines maybe overlaid,

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but it's quite close to the road as is, it sits today.

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And so they had done a, an addition above the garage there.

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- And then this is the setback from, does

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that include the public right away

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that's along that stripper?

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No, from the

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- Public, right.

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So it's from, from their property line.

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So the setback will be 20 feet off of their property line

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on this in this neighborhood.

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The, the the right of way kind of extends into, it kind

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of goes into some of the properties.

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Sometimes it kind of depends on where the road sits,

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but most of the time there's a little bit of right

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of way in the, into their driveway

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and then there's, that's their property line

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and then it kind of extends off of that.

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And then I'll just kind of go over some of the rendering.

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So with that reduction in the retaining wall height,

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it has kind of exposed more of that mass

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and staff still feels that

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with this added mass in the front setback

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and the request for site coverage, that it is,

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it still is kind of that special privilege

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of criteria number two.

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Especially with, with it not being

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as hidden from the neighboring properties.

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Staff still feels that it's quite

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a deviation from the neighborhood.

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And I'll kind of just go around, this is from, this is kind

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of coming from the west of the property looking at the home

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And then this is kind of that rear kind

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of side from the east.

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So you'd be standing on the eastern

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duplexes neighbor property

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and this is that corner of the garage.

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And then I'll kind of just go over some

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of the floor plans again, just

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to kind of give you guys an idea.

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And as you can see this,

261
00:11:59,367 --> 00:12:02,767
this lighter fainter dotted line is the current

262
00:12:04,000 --> 00:12:05,033
property setback line.

263
00:12:05,033 --> 00:12:09,066
So this is the property line, this is the setback line.

264
00:12:09,367 --> 00:12:11,233
So as this house sits today,

265
00:12:12,100 --> 00:12:14,233
the hou the home already is into this,

266
00:12:14,300 --> 00:12:15,834
into the side yard setback.

267
00:12:16,066 --> 00:12:19,033
However it is not into the front yard setback

268
00:12:20,900 --> 00:12:23,533
- Is, is that the crawl space or also the first level?

269
00:12:23,834 --> 00:12:25,066
- This is, this is the crawl space.

270
00:12:25,066 --> 00:12:26,066
So this would be the basement level

271
00:12:29,133 --> 00:12:31,100
and then this is the proposed basement level.

272
00:12:32,133 --> 00:12:34,300
So as you can see, they, they would want to build out

273
00:12:34,300 --> 00:12:37,533
that basement that wouldn't be changing any of those

274
00:12:38,133 --> 00:12:42,100
exterior foundation walls other than adding more foundation

275
00:12:42,100 --> 00:12:45,934
walls here and then going into the front setback here

276
00:12:45,934 --> 00:12:47,500
with the foundation walls of the garage.

277
00:12:52,133 --> 00:12:54,567
And then this is the current existing conditions

278
00:12:54,634 --> 00:12:57,266
of the main level with the parking pad that already

279
00:12:58,066 --> 00:12:59,100
sits in the right of way.

280
00:12:59,166 --> 00:13:02,133
And so this is the property line right here.

281
00:13:02,867 --> 00:13:04,133
And so they're already into the right

282
00:13:04,133 --> 00:13:05,233
of way, which is over here.

283
00:13:05,233 --> 00:13:08,367
So the road is pretty much right on the edge

284
00:13:08,367 --> 00:13:09,867
of their pan of their driveway.

285
00:13:15,834 --> 00:13:19,300
And then this is the proposed main level, oh actually,

286
00:13:19,300 --> 00:13:22,000
sorry, proposed main level right here.

287
00:13:23,900 --> 00:13:26,533
And we do have a turning radius diagram as well to kind

288
00:13:26,533 --> 00:13:30,767
of show how parking would be made.

289
00:13:33,100 --> 00:13:36,000
And then this is kind of that area

290
00:13:36,033 --> 00:13:39,000
of encroachment into the front setback with the garage.

291
00:13:42,767 --> 00:13:45,100
- When I'm looking at this, this shows

292
00:13:45,100 --> 00:13:46,767
how vehicles will exit.

293
00:13:46,767 --> 00:13:48,100
Correct. It doesn't show

294
00:13:48,166 --> 00:13:51,266
how vehicles will enter the driveway.

295
00:13:51,266 --> 00:13:55,767
They're not gonna back in from the right side of the road.

296
00:13:56,433 --> 00:14:00,567
- So as Snap doesn't really look at how vehicles are able

297
00:14:00,567 --> 00:14:04,133
to access their driveways, we only look at making sure

298
00:14:04,133 --> 00:14:06,500
that they have the minimum required amount

299
00:14:06,500 --> 00:14:09,133
of parking on the, in their property.

300
00:14:09,133 --> 00:14:12,367
So we don't look at how they manage to get their vehicles

301
00:14:12,367 --> 00:14:14,133
to fit on property just as long

302
00:14:14,133 --> 00:14:16,567
as they have enough room within it. So in the

303
00:14:16,667 --> 00:14:18,734
- The last meeting, the applicant did talk about a backing

304
00:14:19,033 --> 00:14:21,567
turn motion that potentially they might talk about in their

305
00:14:21,567 --> 00:14:22,634
presentation today.

306
00:14:22,734 --> 00:14:24,033
- Yeah. Okay. Yeah,

307
00:14:27,100 --> 00:14:28,467
- We can discuss an app.

308
00:14:28,467 --> 00:14:30,300
We're almost, almost after the presentation. So,

309
00:14:31,467 --> 00:14:33,934
- And then yeah, just a another just kind of table just

310
00:14:33,934 --> 00:14:36,467
to kind of summarize everything that's kind of being asked.

311
00:14:37,266 --> 00:14:41,000
Currently as the home sits, it does sit on a very small kind

312
00:14:41,000 --> 00:14:42,367
of irregular shaped lot, you know,

313
00:14:42,367 --> 00:14:44,100
sitting at 10,000 square feet

314
00:14:44,166 --> 00:14:47,300
where our minimum is 15,000 square feet for a duplex lot.

315
00:14:48,567 --> 00:14:51,867
And then I've updated the front yard,

316
00:14:52,000 --> 00:14:53,500
the side yard and the rear.

317
00:14:54,133 --> 00:14:55,700
The rear is not changing, but the front

318
00:14:55,700 --> 00:14:56,934
and the side have changed.

319
00:14:57,634 --> 00:14:59,500
For the garage it's still at 10 feet.

320
00:15:00,266 --> 00:15:03,567
The, the side yard for the garage is still around five feet

321
00:15:03,834 --> 00:15:06,133
or, or now is five feet instead of zero feet.

322
00:15:06,867 --> 00:15:10,300
And then for the living area it's still five feet

323
00:15:10,300 --> 00:15:12,133
encroachment in that below grade living area.

324
00:15:15,000 --> 00:15:18,867
And then GRFA he was able, the applicant was able to reduce

325
00:15:19,467 --> 00:15:24,100
their GRFA by some, by some square feet by pushing

326
00:15:24,100 --> 00:15:26,066
that garage kind of closer onto their property

327
00:15:26,934 --> 00:15:30,567
and kind of making that living area,

328
00:15:30,834 --> 00:15:32,700
that vegetable area between the home

329
00:15:32,700 --> 00:15:33,867
and the garage a little smaller.

330
00:15:35,867 --> 00:15:38,867
And then still they are still requesting

331
00:15:38,867 --> 00:15:41,634
that site coverage variance for, for this

332
00:15:42,133 --> 00:15:44,000
above grade garage addition.

333
00:15:44,000 --> 00:15:49,033
So going from 20%, you know, sitting at 2013 square feet

334
00:15:49,133 --> 00:15:53,233
to now 2,414 square feet for site coverage variance.

335
00:15:56,066 --> 00:15:58,266
And I've kind of run through my criteria,

336
00:15:58,467 --> 00:16:01,867
but my, this kind of still stays the same from from the last

337
00:16:03,033 --> 00:16:06,033
presentation, but staff still feels that the relationship

338
00:16:06,667 --> 00:16:08,867
of the requested variance to the other existing

339
00:16:08,867 --> 00:16:12,367
or potential uses and structures in the vicinity is not met.

340
00:16:12,734 --> 00:16:15,500
There are a number of variances in this neighborhood,

341
00:16:16,333 --> 00:16:20,367
but we have not seen a garage being

342
00:16:20,634 --> 00:16:21,767
put into the front setback.

343
00:16:21,767 --> 00:16:24,233
Most of these variances that have been granted were

344
00:16:24,634 --> 00:16:28,367
for properties that were already non-conforming with the,

345
00:16:28,433 --> 00:16:30,333
with the setbacks already laid on top of them.

346
00:16:30,433 --> 00:16:32,266
And so if they did do an addition

347
00:16:32,500 --> 00:16:35,266
or they did dig out a basement, it was already something

348
00:16:35,266 --> 00:16:37,000
that was previously within the setback.

349
00:16:37,000 --> 00:16:39,000
So they weren't really ever building further

350
00:16:39,066 --> 00:16:40,033
into the setback always.

351
00:16:41,433 --> 00:16:43,867
So staff still feels that in the neighborhood context

352
00:16:44,934 --> 00:16:47,333
and other uses, this is something that we don't really see

353
00:16:47,367 --> 00:16:49,000
as well as most

354
00:16:49,000 --> 00:16:51,467
of the other neighbors don't have garages as well.

355
00:16:54,900 --> 00:16:57,767
And then the degree of to which relief from the strict

356
00:16:57,767 --> 00:16:58,934
and literal interpretation

357
00:16:59,133 --> 00:17:02,000
and enforcement of a specified regulation is necessary

358
00:17:02,000 --> 00:17:03,700
to achieve compatibility

359
00:17:03,834 --> 00:17:07,066
and uniformity of treatment among sites in the vicinity

360
00:17:07,433 --> 00:17:10,634
or to attain the objectives of this title without a grant

361
00:17:10,634 --> 00:17:13,233
of special privilege staff still feels that this

362
00:17:13,867 --> 00:17:15,000
criteria has not been met

363
00:17:15,000 --> 00:17:16,133
and still feels that this is a grant

364
00:17:16,433 --> 00:17:18,567
of special privilege within the neighborhood.

365
00:17:18,567 --> 00:17:23,500
It And then finally the kind

366
00:17:23,500 --> 00:17:26,133
of effect of the requesting variance on light and air

367
00:17:26,166 --> 00:17:28,266
and distribution of population transportation

368
00:17:28,734 --> 00:17:31,734
and traffic facilities, public facilities and utilities

369
00:17:31,734 --> 00:17:35,033
and public safety staff still feels that this is being met

370
00:17:35,033 --> 00:17:38,000
by still taking these right of way.

371
00:17:38,000 --> 00:17:40,133
Ve parked vehicles off of the street is a,

372
00:17:40,233 --> 00:17:41,700
is a really great thing.

373
00:17:41,700 --> 00:17:44,066
And I know that public works had come out and,

374
00:17:44,000 --> 00:17:46,233
and talked to the applicant on site

375
00:17:46,233 --> 00:17:50,333
and had expressed their approval of getting the vehicles out

376
00:17:50,333 --> 00:17:51,567
of the right of way, you know, starting

377
00:17:51,567 --> 00:17:54,100
to put more vehicles more onto their own property.

378
00:17:55,133 --> 00:17:58,934
So staff feels that this is a benefit for trying to get some

379
00:17:58,934 --> 00:18:00,100
of these vehicles out of the right of way.

380
00:18:01,233 --> 00:18:03,133
And that is it for my presentation,

381
00:18:03,166 --> 00:18:05,066
but I'm, I'm happy to answer any questions

382
00:18:05,066 --> 00:18:08,000
or go back on any slides to kind of go over anything.

383
00:18:09,033 --> 00:18:11,000
- So you said that most of the variances

384
00:18:11,567 --> 00:18:15,700
into the setbacks were sort of redevelopment of preexisting

385
00:18:17,634 --> 00:18:20,033
setbacks that were either granted or grandfathered in

386
00:18:20,033 --> 00:18:21,700
because this area was annexed in.

387
00:18:22,000 --> 00:18:24,300
- Yeah, so most of the properties in this neighborhood

388
00:18:24,333 --> 00:18:26,333
or already into the setback

389
00:18:26,333 --> 00:18:28,533
with the home being built where it is.

390
00:18:28,634 --> 00:18:32,133
So yeah, a lot of the variances requested were kind

391
00:18:32,133 --> 00:18:35,100
of already on nonconforming lots

392
00:18:35,533 --> 00:18:36,834
with the home where it sits.

393
00:18:37,033 --> 00:18:38,367
- So the variances were similar

394
00:18:38,500 --> 00:18:41,266
to the request in this application to be able

395
00:18:41,266 --> 00:18:45,333
to convert the crawlspace to to basement six,

396
00:18:45,433 --> 00:18:46,367
- Correct. Yeah, those

397
00:18:46,367 --> 00:18:47,367
- Variances.

398
00:18:47,367 --> 00:18:47,934
Yep.

399
00:18:54,634 --> 00:18:57,333
- Are there other questions for staff from commissioners?

400
00:19:01,100 --> 00:19:03,233
Hearing none, we'll move on to the applicant's presentation.

401
00:19:03,834 --> 00:19:05,133
Michael, do a presentation for us.

402
00:19:07,100 --> 00:19:09,500
- Thank you. Michael Hazard, representing John Altman.

403
00:19:10,300 --> 00:19:12,300
Thank you Cole for your presentation.

404
00:19:13,033 --> 00:19:15,767
I will attempt not to run you through much of

405
00:19:15,767 --> 00:19:18,100
what you've already heard as far as what we're proposing

406
00:19:18,667 --> 00:19:23,634
and get more to, I'm gonna, I figured now how to point this.

407
00:19:25,734 --> 00:19:28,834
The, I think the very salient point is that, and,

408
00:19:28,867 --> 00:19:32,066
and maybe this, hopefully it doesn't sound like preaching,

409
00:19:32,100 --> 00:19:36,266
but planning is, especially

410
00:19:36,266 --> 00:19:40,500
with a narrative code such as veil's code is a,

411
00:19:41,767 --> 00:19:43,634
when, when I call it a narrative code

412
00:19:44,567 --> 00:19:48,133
enforcement is based on a number of set precepts, dimensions

413
00:19:49,100 --> 00:19:51,333
that attempt to identify bulk mass

414
00:19:52,000 --> 00:19:55,066
and density on a site, front yard setback,

415
00:19:55,066 --> 00:19:56,700
side yard setback, site coverage,

416
00:19:58,266 --> 00:20:00,000
height limitations, et cetera.

417
00:20:00,834 --> 00:20:03,066
And as many of you may be aware,

418
00:20:04,266 --> 00:20:09,233
there has been a large movement in many communities to

419
00:20:10,300 --> 00:20:13,867
move partly away from that to more of a form-based code

420
00:20:13,867 --> 00:20:14,934
and a form-based code.

421
00:20:15,100 --> 00:20:16,533
And, you know, not to preach,

422
00:20:16,667 --> 00:20:20,734
but form-based code is one that get tries to

423
00:20:22,834 --> 00:20:26,934
identify what the goal is as far as what's proper and appro

424
00:20:27,066 --> 00:20:28,834
and and desirable appearance.

425
00:20:29,133 --> 00:20:32,066
What's the result of all the numerical limitations?

426
00:20:33,567 --> 00:20:36,700
And there's examples like Seaside, Florida,

427
00:20:38,500 --> 00:20:40,266
number of all over the country.

428
00:20:40,367 --> 00:20:43,033
It's being done in Buena Vista as a matter of fact,

429
00:20:45,066 --> 00:20:49,533
I I mention that because I think that the, the, the issues

430
00:20:49,867 --> 00:20:51,767
that we're dealing with are,

431
00:20:54,133 --> 00:20:57,634
as Cole mentioned, I think it's 42 38 nugget lane was an

432
00:20:57,934 --> 00:20:59,867
existing home that had been built prior

433
00:20:59,934 --> 00:21:01,033
to being annexed in the town.

434
00:21:01,567 --> 00:21:04,934
It was built up against a, a mature grove

435
00:21:04,934 --> 00:21:06,133
of trees in the back.

436
00:21:07,100 --> 00:21:09,066
And there was an existing, and,

437
00:21:09,066 --> 00:21:10,634
and I may be wrong on all of this,

438
00:21:10,700 --> 00:21:12,066
but as I understand it,

439
00:21:12,066 --> 00:21:13,533
there was an existing one car garage.

440
00:21:14,266 --> 00:21:17,133
The applicant had apparently a,

441
00:21:17,300 --> 00:21:21,100
a long time prior been granted a, a variance in order

442
00:21:21,100 --> 00:21:22,767
to double that to a two car garage.

443
00:21:23,000 --> 00:21:25,000
It had a master suite above that garage.

444
00:21:26,266 --> 00:21:28,867
And one of the arguments for not putting the garage

445
00:21:29,900 --> 00:21:33,066
behind on the site was number one not

446
00:21:33,066 --> 00:21:34,300
to impact mature trees.

447
00:21:35,000 --> 00:21:37,266
The slope of the site was an impediment.

448
00:21:38,166 --> 00:21:40,233
And so, you know, they were forced by virtue of

449
00:21:40,233 --> 00:21:42,734
where the house sat in our instance,

450
00:21:43,266 --> 00:21:45,767
the duplex again was pre-existing,

451
00:21:45,867 --> 00:21:48,266
was built fairly forward on the site,

452
00:21:48,934 --> 00:21:51,066
not allowing the opportunity for a garage

453
00:21:51,133 --> 00:21:53,000
to be built within the setbacks.

454
00:21:53,166 --> 00:21:57,133
Had it been located with the mindset of creating a garage,

455
00:21:58,567 --> 00:21:59,867
obviously in that state

456
00:22:00,100 --> 00:22:03,100
and in the market at those times, the developer chose

457
00:22:03,133 --> 00:22:05,500
to do pads that infr that actually

458
00:22:07,000 --> 00:22:09,000
inserted themselves on the public right of way.

459
00:22:09,634 --> 00:22:13,500
So in an attempt to satisfy my client's goals

460
00:22:14,233 --> 00:22:18,100
and try to adhere to the intent of the code

461
00:22:18,000 --> 00:22:22,367
and the visual results that the code is attempting to imply,

462
00:22:23,500 --> 00:22:28,033
one of the things that I've attempted to do is,

463
00:22:28,066 --> 00:22:32,367
the current issue right now is that those six half duplexes

464
00:22:32,834 --> 00:22:34,934
and the home at 42, 38

465
00:22:35,467 --> 00:22:40,033
and several others have garages that garages

466
00:22:40,033 --> 00:22:44,066
or parking aprons that back onto the right of way in spite

467
00:22:44,066 --> 00:22:45,634
of the fact that it's just pavement.

468
00:22:46,100 --> 00:22:49,000
That pavement is often occupied by vehicles as we know,

469
00:22:49,000 --> 00:22:52,634
most garages, many garages are used as storage

470
00:22:52,734 --> 00:22:55,033
and cars reside outside of the garages.

471
00:22:55,033 --> 00:22:56,533
So it's not a guarantee

472
00:22:56,533 --> 00:22:59,033
that parking won't occur in front of the garage doors.

473
00:23:00,700 --> 00:23:04,066
I deliberately position the garage

474
00:23:05,500 --> 00:23:07,734
to work with the reality of the site

475
00:23:08,133 --> 00:23:11,300
and not just shoehorned it in to the geometry of the site.

476
00:23:11,700 --> 00:23:13,066
By that I angled it.

477
00:23:13,100 --> 00:23:17,333
So as to number one place, it actually the,

478
00:23:17,500 --> 00:23:20,233
if the corner of the neighboring property

479
00:23:20,233 --> 00:23:23,367
and it's hard to see with these aerials, there's a shed

480
00:23:23,367 --> 00:23:26,367
that protrudes, I actually measured it

481
00:23:26,467 --> 00:23:28,133
and could verify it if we need to,

482
00:23:28,634 --> 00:23:32,133
it's 31 foot eight inches from the face of

483
00:23:32,266 --> 00:23:35,634
where I'm currently showing the garage to the corner

484
00:23:35,834 --> 00:23:38,533
of the home, there is a shed that contains meters

485
00:23:38,533 --> 00:23:42,066
or storage in that shed in that protrusion.

486
00:23:42,367 --> 00:23:43,834
So if you will, the corner of the house.

487
00:23:44,133 --> 00:23:48,867
So if this were a pair of 15 foot setbacks,

488
00:23:49,033 --> 00:23:50,700
we'd be further apart than

489
00:23:50,700 --> 00:23:52,000
what would be allowed by the code.

490
00:23:53,867 --> 00:23:58,634
I then deliberately, instead of simply shoving the garage

491
00:23:59,500 --> 00:24:02,233
into the property and facing it towards the street,

492
00:24:02,667 --> 00:24:03,700
where more than likely

493
00:24:03,934 --> 00:24:06,567
as the trend is these days you'd have translucent

494
00:24:06,567 --> 00:24:10,066
or transparent garage doors opening out onto the street.

495
00:24:10,166 --> 00:24:12,934
You might have a car parked in front

496
00:24:12,934 --> 00:24:14,500
of the garage again impeding on

497
00:24:15,133 --> 00:24:17,000
at least in facing the street

498
00:24:17,000 --> 00:24:19,066
and you'd have the bulk of that in addition to the home,

499
00:24:19,567 --> 00:24:21,734
I purposely created a driveway

500
00:24:22,166 --> 00:24:25,467
that deliberately exits off of the right of way.

501
00:24:26,133 --> 00:24:30,066
I've restored the, the resultant solution that I'm proposing

502
00:24:30,066 --> 00:24:33,867
to you restores 74% of the properties

503
00:24:35,533 --> 00:24:40,033
frontage to soft space to either

504
00:24:40,634 --> 00:24:44,300
landscaping or if you will, road maintenance.

505
00:24:45,266 --> 00:24:49,500
And you know, our expectation is to landscape it generously,

506
00:24:50,367 --> 00:24:52,700
the garage has now turned 90

507
00:24:53,066 --> 00:24:55,000
or they're perpendicular to the road.

508
00:24:55,333 --> 00:24:58,467
And again, I emphasize the visual aspect of this.

509
00:24:58,634 --> 00:25:01,100
Yes, the garage is in the front yard setback

510
00:25:01,433 --> 00:25:03,700
as it is at 42 38

511
00:25:03,834 --> 00:25:06,266
and at other locations throughout Eastvale,

512
00:25:06,867 --> 00:25:10,467
but specifically on this road, the difference is instead

513
00:25:10,467 --> 00:25:13,100
of at 42 38, the garage is turned at 90 degrees.

514
00:25:13,567 --> 00:25:15,300
That means you don't see the garage doors,

515
00:25:15,300 --> 00:25:17,033
there's no asphalt in front of it.

516
00:25:17,634 --> 00:25:21,233
We've now restored a soft frontage to the road,

517
00:25:21,634 --> 00:25:25,133
which I would argue is a superior solution than

518
00:25:25,133 --> 00:25:27,000
what you now have on Nugget Lane.

519
00:25:27,700 --> 00:25:31,834
And so I was talking to my colleague

520
00:25:31,834 --> 00:25:33,867
and friend George Ruther was sitting behind me

521
00:25:34,100 --> 00:25:36,000
and I'm gonna quote him, I warned him

522
00:25:36,000 --> 00:25:39,634
and he said it was okay that the code is flexible

523
00:25:40,467 --> 00:25:43,634
and a variance asks,

524
00:25:44,133 --> 00:25:46,467
it presents the reality of a hardship

525
00:25:47,000 --> 00:25:51,266
and it it asks of you relief from that hardship to achieve

526
00:25:51,834 --> 00:25:53,533
what has been granted to others.

527
00:25:54,133 --> 00:25:58,000
And very specifically on Nugget Lane, I thought it was 10,

528
00:25:58,066 --> 00:26:00,066
now I'm being told it's in excess of 15

529
00:26:01,066 --> 00:26:03,233
variances have granted privileges

530
00:26:03,233 --> 00:26:08,100
because of these preexisting odd shaped, minuscule sites.

531
00:26:08,467 --> 00:26:10,033
If this was on a normal site,

532
00:26:10,100 --> 00:26:13,467
we'd be 21% under the allowed site coverage.

533
00:26:14,000 --> 00:26:17,834
And it's not a normal site. We, that's not our fault.

534
00:26:17,834 --> 00:26:19,333
That was the way the site was zoned.

535
00:26:20,734 --> 00:26:23,467
We don't feel it's a special privilege specifically

536
00:26:23,867 --> 00:26:26,266
because we are simply trying to achieve

537
00:26:26,266 --> 00:26:28,100
what others have been granted.

538
00:26:28,500 --> 00:26:33,333
We feel that we're not only simply achieving the solution

539
00:26:33,500 --> 00:26:36,000
of a garage, we're screening one

540
00:26:36,000 --> 00:26:37,767
of three required parking spaces.

541
00:26:38,133 --> 00:26:41,834
We're turning the garage away from the road, we're improving

542
00:26:42,333 --> 00:26:45,266
the visual result of the planning exercise,

543
00:26:45,734 --> 00:26:49,033
which I would argue is really at the, at its base

544
00:26:49,667 --> 00:26:54,100
what this commission is what, what your mission is

545
00:26:54,100 --> 00:26:55,333
as planning commissioners.

546
00:26:55,667 --> 00:26:57,133
Bobby Lipnick, who is a good friend

547
00:26:57,133 --> 00:26:59,834
and a collaborator, we're both co-founders of the

548
00:27:00,367 --> 00:27:04,734
Eagle County Affordable Housing task force, sat

549
00:27:04,734 --> 00:27:07,000
with me one day and asked me when he was looking at the

550
00:27:07,000 --> 00:27:09,133
westvale master plan that was being proposed

551
00:27:09,934 --> 00:27:12,834
and there were some new statutes being suggested as far

552
00:27:12,834 --> 00:27:16,000
as site coverage, frontage, setbacks and all.

553
00:27:16,000 --> 00:27:18,000
And he said, well, do you think these look right?

554
00:27:18,000 --> 00:27:19,533
And I said, you know, I can't give you

555
00:27:19,533 --> 00:27:21,934
that answer without testing it and what do you mean?

556
00:27:22,033 --> 00:27:25,333
I said, you've gotta create massing that shows what

557
00:27:25,333 --> 00:27:26,367
that might look like

558
00:27:27,066 --> 00:27:31,033
to see whether those numbers in fact succeed in giving you

559
00:27:31,734 --> 00:27:33,867
higher density, which was being tried,

560
00:27:33,867 --> 00:27:36,867
which was being promoted in order to promote redevelopment

561
00:27:37,066 --> 00:27:41,066
and development at the same time without throwing the baby

562
00:27:41,133 --> 00:27:45,033
out with the bath water and enforcing a planning statute,

563
00:27:45,333 --> 00:27:49,934
a planning precept that from a visual human standpoint,

564
00:27:49,934 --> 00:27:51,467
something you can stub your toe on,

565
00:27:52,033 --> 00:27:53,934
looks good, looks acceptable.

566
00:27:54,467 --> 00:27:59,100
And I would argue that the result of, I'm sorry, I'm passing

567
00:27:59,100 --> 00:28:02,100
through a couple of these, my,

568
00:28:02,166 --> 00:28:07,100
my last presentation was terrible self-deprecating,

569
00:28:07,033 --> 00:28:11,500
but now I'm gonna,

570
00:28:14,000 --> 00:28:15,567
anyway, I took a few pictures

571
00:28:15,867 --> 00:28:17,133
of the street actually this morning

572
00:28:18,100 --> 00:28:21,033
and it's cluttered.

573
00:28:21,066 --> 00:28:23,066
There's street, there's cars all over it.

574
00:28:23,734 --> 00:28:26,467
This is one move in the right direction I would argue.

575
00:28:27,533 --> 00:28:29,367
There we go. So you know, this is

576
00:28:29,667 --> 00:28:31,000
what it looked like this morning.

577
00:28:31,000 --> 00:28:33,734
There's it know it's normal life on a street.

578
00:28:34,100 --> 00:28:37,934
Is it the end of the world? Is it unknown? Is it optimal?

579
00:28:38,000 --> 00:28:41,033
No, what we're proposing would be an

580
00:28:41,033 --> 00:28:42,467
improvement, a net improvement.

581
00:28:43,066 --> 00:28:45,333
We are asking for variances to achieve that.

582
00:28:45,900 --> 00:28:50,567
The variances are a numerical and regulatory standard

583
00:28:51,133 --> 00:28:52,934
but they are not the end result.

584
00:28:53,100 --> 00:28:57,066
The visual solution is what you should be assessing.

585
00:28:57,500 --> 00:29:02,367
I'm hoping and it's not working.

586
00:29:04,033 --> 00:29:05,634
I was trying to give you before and

587
00:29:05,634 --> 00:29:08,033
after, these are the two views.

588
00:29:08,033 --> 00:29:10,000
Unfortunately our render fell apart.

589
00:29:10,700 --> 00:29:14,066
I don't have the new proposed renderings without the berm.

590
00:29:14,433 --> 00:29:16,100
As we discussed in the last instance.

591
00:29:17,100 --> 00:29:18,500
What I was trying to do is come back

592
00:29:18,500 --> 00:29:22,333
to you obviously resoundingly the zero setback was a no-go.

593
00:29:22,867 --> 00:29:25,033
We achieved that to the tune of five feet

594
00:29:25,900 --> 00:29:30,634
and the Bill Jensen was concerned about the

595
00:29:31,500 --> 00:29:32,734
retaining wall heights

596
00:29:32,734 --> 00:29:37,233
and we were able to, to propose that we can,

597
00:29:37,333 --> 00:29:39,100
we can bring them down into compliance.

598
00:29:39,500 --> 00:29:43,300
The question might simply be, does the retaining wall, does

599
00:29:43,300 --> 00:29:45,834
that variance grant us better shielding

600
00:29:46,033 --> 00:29:49,867
and better addressing the mass than not having it?

601
00:29:50,533 --> 00:29:53,066
Obviously in the absence of the retaining wall,

602
00:29:53,100 --> 00:29:57,533
we would replace that with ample landscaping, which can be

603
00:29:58,166 --> 00:29:59,233
an effective measure

604
00:30:01,433 --> 00:30:04,500
And forget the slides,

605
00:30:06,533 --> 00:30:07,533
- Cole can advance for you.

606
00:30:10,133 --> 00:30:13,000
- So you know, resoundingly we agree with the staff,

607
00:30:13,367 --> 00:30:16,634
the only issue really is the bulk mass

608
00:30:17,133 --> 00:30:19,834
and the front yard incursion.

609
00:30:20,433 --> 00:30:24,500
And I would ask you to consider the visual reality of

610
00:30:24,500 --> 00:30:28,300
what we're proposing and how that is in our opinion,

611
00:30:28,467 --> 00:30:33,033
an improvement on what an

612
00:30:33,033 --> 00:30:36,066
otherwise solution what, what the solution would be.

613
00:30:36,567 --> 00:30:38,734
Without that approach, we've taken the efforts

614
00:30:39,100 --> 00:30:40,734
to drop it, to shield it.

615
00:30:42,433 --> 00:30:44,300
The town, as I pointed out last time,

616
00:30:44,734 --> 00:30:49,000
offers 300 square foot incentives to create parking

617
00:30:49,166 --> 00:30:50,233
to shield vehicles.

618
00:30:50,734 --> 00:30:53,700
And we're taking up on that offer and we're shielding it.

619
00:30:54,266 --> 00:30:56,500
So we hope you'll agree with us.

620
00:30:56,700 --> 00:31:00,100
We feel that we've got a strong design solution that'll be a

621
00:31:00,100 --> 00:31:01,266
visual improvement to the road.

622
00:31:04,300 --> 00:31:05,567
- Thank you. Any questions

623
00:31:06,000 --> 00:31:08,066
for the applicant from commissioners,

624
00:31:11,066 --> 00:31:12,066
- Mr.

625
00:31:12,066 --> 00:31:14,533
Hazard? So we're not a form-based code,

626
00:31:14,667 --> 00:31:15,767
we're a traditional code.

627
00:31:18,133 --> 00:31:20,066
As commissioners we're gonna be asked

628
00:31:20,133 --> 00:31:22,133
to vote upon this application

629
00:31:22,133 --> 00:31:25,367
and others based upon criteria for granting a variance.

630
00:31:27,500 --> 00:31:29,634
Can you describe for me how

631
00:31:32,433 --> 00:31:36,100
granting this variance would not constitute a grant

632
00:31:36,100 --> 00:31:37,900
of special privilege inconsistent

633
00:31:37,900 --> 00:31:41,133
with limitations on other properties classified in the

634
00:31:41,133 --> 00:31:42,233
same zone district?

635
00:31:43,667 --> 00:31:46,900
- I guess I would go back to at least the one other variance

636
00:31:46,900 --> 00:31:50,266
where there was a one car garage, it was allowed

637
00:31:50,266 --> 00:31:51,433
to be expanded so

638
00:31:51,500 --> 00:31:54,367
that the incursion in the front yard setback went from 16

639
00:31:54,500 --> 00:31:58,133
feet to 18 foot eight inches within 16 inches

640
00:31:58,133 --> 00:31:59,166
of the front setback.

641
00:32:00,100 --> 00:32:03,934
The application stated at the time that the countermeasure

642
00:32:03,934 --> 00:32:06,266
to that was that because of the placement,

643
00:32:06,266 --> 00:32:07,300
as Cole was talking about,

644
00:32:07,367 --> 00:32:10,233
of the pavement within the 50 foot right of way,

645
00:32:10,700 --> 00:32:15,367
there was almost a 20 foot distance from the paved road to

646
00:32:16,100 --> 00:32:18,033
the improvement to the garage.

647
00:32:19,066 --> 00:32:24,000
In our instance we're 18 foot four inches from pavement

648
00:32:24,100 --> 00:32:25,033
to the side of the garage.

649
00:32:25,667 --> 00:32:27,367
So we're about a foot different from what

650
00:32:27,367 --> 00:32:29,133
that application was.

651
00:32:29,667 --> 00:32:33,166
So there's a direct example of how that was a variance

652
00:32:33,166 --> 00:32:35,533
that was granted and we're asking for no more than

653
00:32:35,533 --> 00:32:36,734
what that gave us.

654
00:32:37,500 --> 00:32:40,333
The added benefit of what we're asking is

655
00:32:40,333 --> 00:32:43,567
that we're turning the garage so that we're lessening

656
00:32:44,133 --> 00:32:45,834
the amount of asphalt

657
00:32:46,100 --> 00:32:50,000
and the visual impact of the improvement

658
00:32:50,000 --> 00:32:51,767
- And the variance say you're referring to,

659
00:32:52,133 --> 00:32:54,533
can you give us more detail in regard to that variance?

660
00:32:54,533 --> 00:32:55,867
Do you have any It

661
00:32:56,100 --> 00:33:00,634
- Was, it was granted in 20 16 42, 38 nugget lane.

662
00:33:01,066 --> 00:33:04,934
It's at the south side of the road at the cul-de-sac

663
00:33:06,266 --> 00:33:09,033
and I think Cole, if you wanna back up,

664
00:33:09,133 --> 00:33:10,166
I'll let you maneuver.

665
00:33:10,166 --> 00:33:14,867
There's an aerial view. Okay, we can Well yeah, sorry.

666
00:33:16,700 --> 00:33:19,567
- Is this the one that was mentioned being non-conforming

667
00:33:20,133 --> 00:33:22,100
existing garage in the front setback

668
00:33:22,033 --> 00:33:24,133
and living spaces added above it?

669
00:33:24,700 --> 00:33:26,133
- It was, as I understand it,

670
00:33:26,133 --> 00:33:27,767
and I may be mistaken on all the facts,

671
00:33:27,767 --> 00:33:29,767
it was a non-conforming one car garage.

672
00:33:30,166 --> 00:33:32,333
The variance allowed it to become a two car garage

673
00:33:32,433 --> 00:33:35,133
with the addition of the master suite that was in place

674
00:33:35,166 --> 00:33:36,166
of where there was a deck.

675
00:33:36,433 --> 00:33:37,433
I think

676
00:33:38,834 --> 00:33:40,266
- Cole, do you have the Yeah, - Correct.

677
00:33:40,333 --> 00:33:43,166
Yeah, so that was, it was an already existing

678
00:33:43,867 --> 00:33:45,333
garage into the front setback

679
00:33:45,667 --> 00:33:48,100
and that was where, this is a little,

680
00:33:48,233 --> 00:33:50,133
this one's differing from currently,

681
00:33:50,133 --> 00:33:53,433
there's no front setback encroachment on this property.

682
00:33:53,734 --> 00:33:56,867
And so staff feels that that is kind

683
00:33:56,867 --> 00:34:01,000
of the differentiating factor is that this home at 42 38

684
00:34:01,433 --> 00:34:03,300
already was built into the setback.

685
00:34:03,300 --> 00:34:04,367
And so when the, you know,

686
00:34:04,367 --> 00:34:06,567
when the setbacks got set onto the home,

687
00:34:07,033 --> 00:34:09,033
the garage was already into the front setback.

688
00:34:09,100 --> 00:34:10,433
So it's kind of similar

689
00:34:10,567 --> 00:34:13,033
where they've added onto it in the front setback

690
00:34:13,133 --> 00:34:15,834
and staff was noting that that was part of

691
00:34:15,834 --> 00:34:18,100
that front setback variance that was granted

692
00:34:18,033 --> 00:34:20,867
and it is the only front setback variance in this

693
00:34:20,867 --> 00:34:22,834
neighborhood that was granted. So,

694
00:34:23,000 --> 00:34:25,900
- So, so looking at 42, 38

695
00:34:25,900 --> 00:34:30,066
and that expansion of the garage that occurred in 2016,

696
00:34:32,767 --> 00:34:36,900
the, the, the original garage extended in the setback

697
00:34:37,000 --> 00:34:39,533
but was the new garage, it was expanded.

698
00:34:39,767 --> 00:34:44,300
So the it so there was a greater encroachment in the setback

699
00:34:44,300 --> 00:34:45,367
than previously existed?

700
00:34:46,033 --> 00:34:48,033
- Yes, yes, yes. Same with the living space

701
00:34:48,033 --> 00:34:49,133
above the garage as well.

702
00:34:49,133 --> 00:34:51,300
That also was into the setback as well.

703
00:34:52,100 --> 00:34:54,100
- So what's that setback both from the property

704
00:34:54,100 --> 00:34:55,333
line and the right of way?

705
00:34:56,700 --> 00:34:58,367
- I'm not sure off the top of my head, but

706
00:34:58,367 --> 00:35:00,166
- That is, so it expanded to the west as I recall.

707
00:35:01,100 --> 00:35:02,834
And so it expanded both to the,

708
00:35:03,000 --> 00:35:05,066
to the north towards the front setback

709
00:35:05,100 --> 00:35:08,133
and towards the, to the west towards the side yard setback.

710
00:35:08,133 --> 00:35:11,133
- And you were saying that your setback from flow line from

711
00:35:11,000 --> 00:35:12,533
asphalt is similar to that.

712
00:35:13,066 --> 00:35:14,900
- We're about a, we're about a foot less than,

713
00:35:14,934 --> 00:35:16,300
so in other words, one of the defense

714
00:35:17,000 --> 00:35:19,266
or one of the comments that was made in the staff report

715
00:35:19,900 --> 00:35:21,133
10 years ago was that,

716
00:35:21,734 --> 00:35:25,000
and I think this was the applicant's comment, was

717
00:35:25,000 --> 00:35:26,834
that thanks to the position

718
00:35:26,900 --> 00:35:31,767
of the existing asphalt in the right of way, not relative

719
00:35:31,767 --> 00:35:34,066
to the property line, but the edge of asphalt, that the edge

720
00:35:34,066 --> 00:35:38,834
of asphalt was just under 20 feet away from the face

721
00:35:38,867 --> 00:35:42,567
of the proposed garage or the proposed garage expansion.

722
00:35:45,100 --> 00:35:47,700
I think if you look at the area on, on my presentation,

723
00:35:48,033 --> 00:35:49,767
I've got one without all the property lines

724
00:35:49,934 --> 00:35:51,500
that's just, there we go.

725
00:35:51,500 --> 00:35:54,367
Whoop, whoop, there we go. If you can zoom in on that. Yep.

726
00:35:57,900 --> 00:35:59,066
And so as I understand it,

727
00:35:59,066 --> 00:36:01,266
the expansion went both north and west.

728
00:36:02,900 --> 00:36:06,033
- Okay. - And you know, relatively speaking,

729
00:36:06,033 --> 00:36:08,700
it is almost 20 feet from the edge of asphalt, you know,

730
00:36:08,700 --> 00:36:11,333
in this instance the garage fronts into the road.

731
00:36:13,300 --> 00:36:14,734
I, again, I feel that

732
00:36:14,734 --> 00:36:16,233
because we're turning 90 degrees,

733
00:36:18,433 --> 00:36:20,734
we're also offering the ability to screen the garage,

734
00:36:20,734 --> 00:36:25,066
whereas there's no ability on this one, which is,

735
00:36:25,867 --> 00:36:27,533
it's not answering your question, I apologize,

736
00:36:27,834 --> 00:36:32,367
but I think that, I feel that the,

737
00:36:32,567 --> 00:36:36,066
the, the granting of special privilege is one that

738
00:36:37,667 --> 00:36:41,000
we have a a, a notably minuscule lot

739
00:36:43,033 --> 00:36:45,700
and the existing home, just as in this instance,

740
00:36:46,166 --> 00:36:50,867
was shoved further towards the front of the lot, partly

741
00:36:50,900 --> 00:36:53,367
by virtue of the creek in the back, partly by virtue

742
00:36:53,500 --> 00:36:57,133
of grade and the manner in which they use the same floor

743
00:36:57,166 --> 00:37:00,100
plan on three adjoining lots.

744
00:37:01,266 --> 00:37:05,233
And so we were not afforded the ability

745
00:37:05,233 --> 00:37:08,133
to build a garage out of the front yard set back by virtue

746
00:37:08,266 --> 00:37:11,000
of the existing impediment

747
00:37:11,033 --> 00:37:13,000
of the placement of the existing home.

748
00:37:18,834 --> 00:37:20,233
- I'm gonna follow up my first question

749
00:37:20,266 --> 00:37:22,033
with another variance criteria.

750
00:37:22,166 --> 00:37:25,066
The necessary findings that the commission's required

751
00:37:25,066 --> 00:37:27,834
to make by code before granting a variance.

752
00:37:29,133 --> 00:37:32,100
And what I'm looking at is B three A

753
00:37:32,900 --> 00:37:36,066
and BI don't know how familiar you are with these.

754
00:37:38,033 --> 00:37:39,934
Do you, do I need to read them to you?

755
00:37:40,066 --> 00:37:44,767
I, I, what I want to know is, is how you, you, you believe

756
00:37:44,767 --> 00:37:48,133
that this application is warranted

757
00:37:48,133 --> 00:37:52,033
because it meets one of the three reasons stated in three A,

758
00:37:52,266 --> 00:37:56,500
B, and C, because

759
00:37:56,500 --> 00:37:59,033
that's a criteria that we're specifically Sure

760
00:37:59,033 --> 00:38:00,100
- Understand.

761
00:38:00,100 --> 00:38:01,934
- So I haven't heard any argument in that regard.

762
00:38:03,700 --> 00:38:08,066
- Do you want me to read - Or do we have a copy someplace

763
00:38:08,066 --> 00:38:09,367
that we can put on the screen? Yeah, it's

764
00:38:09,367 --> 00:38:10,500
- On - Page

765
00:38:10,533 --> 00:38:11,533
- Nine.

766
00:38:11,533 --> 00:38:13,066
Yeah, I'm, I'm reading directly from the code,

767
00:38:13,834 --> 00:38:15,033
not the review criteria.

768
00:38:16,567 --> 00:38:17,567
So

769
00:38:18,567 --> 00:38:19,567
- I can go to my staff memo.

770
00:38:20,033 --> 00:38:22,000
- It's John, - It would help if

771
00:38:22,000 --> 00:38:23,000
- You would just read it.

772
00:38:23,000 --> 00:38:23,934
You want to go to town code?

773
00:38:24,567 --> 00:38:26,066
- I don't know how much that's gonna help

774
00:38:26,000 --> 00:38:27,233
but I I can read it.

775
00:38:28,500 --> 00:38:33,133
It's 12 17 6 B necessary findings.

776
00:38:33,734 --> 00:38:36,367
We just talked about the one, so we have to make three

777
00:38:37,033 --> 00:38:39,066
separate findings when we talked about the first one.

778
00:38:39,700 --> 00:38:41,734
Let's, let's pull it up here much easier.

779
00:38:46,100 --> 00:38:49,734
So 12, 17, 6. Do you have that up?

780
00:38:50,934 --> 00:38:53,000
Yep. Yep. All right.

781
00:38:53,000 --> 00:38:56,133
Look, look, let's go to necessary findings

782
00:38:56,000 --> 00:38:59,734
and then subpart three, there we go.

783
00:39:00,133 --> 00:39:04,166
A, B, and C. Only one of those has

784
00:39:04,166 --> 00:39:06,834
to be met, those three.

785
00:39:07,367 --> 00:39:10,333
So I want to know what the applicant's position is in terms

786
00:39:10,333 --> 00:39:12,734
of which of these three criteria

787
00:39:13,066 --> 00:39:17,033
met. And the reason

788
00:39:17,867 --> 00:39:22,300
- I, I'd say, I mean starting out with a, thanks

789
00:39:22,367 --> 00:39:25,533
to the irregularity of both the shape

790
00:39:25,767 --> 00:39:30,767
and the square footage of the site, we're attempting to

791
00:39:31,300 --> 00:39:34,533
create a relatively small addition

792
00:39:36,000 --> 00:39:40,066
and we are because of, of the size, shape,

793
00:39:40,367 --> 00:39:44,333
and positioning of the existing home being challenged

794
00:39:44,667 --> 00:39:46,266
to do so.

795
00:39:48,433 --> 00:39:51,033
So we have these, the the added hardship of

796
00:39:51,033 --> 00:39:53,767
that, of that restriction.

797
00:39:54,300 --> 00:39:54,567
The,

798
00:40:02,734 --> 00:40:03,867
I would say again, the reason

799
00:40:03,867 --> 00:40:06,900
that there have been 15 variances on the street is

800
00:40:06,900 --> 00:40:09,834
that there is a number of other lots that have

801
00:40:12,133 --> 00:40:14,900
challenged the, or have requested a variance

802
00:40:15,133 --> 00:40:18,867
and successfully proven that the size, shape and

803
00:40:19,934 --> 00:40:23,567
and existing placement of, of homes has forced the need

804
00:40:23,567 --> 00:40:27,567
to be granted a variance in order to achieve parity

805
00:40:27,834 --> 00:40:30,066
with other property owners.

806
00:40:32,767 --> 00:40:33,333
- I think that's right.

807
00:40:38,500 --> 00:40:40,767
- Let me ask you this, Michael, is this the absolute minimum

808
00:40:41,934 --> 00:40:44,767
size you can fit to get a one car garage on this?

809
00:40:46,767 --> 00:40:50,100
- We've, we, we can probably shrink it a little bit more.

810
00:40:50,133 --> 00:40:52,333
I mean if we have to, we would, I mean we're,

811
00:40:52,367 --> 00:40:55,066
what I'm attempting to do is, is create a garage

812
00:40:55,066 --> 00:40:57,133
that you don't necessarily have to

813
00:40:58,066 --> 00:40:59,667
go on a weight loss program to get in,

814
00:41:01,133 --> 00:41:04,900
but we could reduce it some if need be.

815
00:41:05,000 --> 00:41:07,166
I mean, in other words it's the, the, the desire

816
00:41:07,166 --> 00:41:09,533
to have a garage would obviously be a benefit

817
00:41:10,934 --> 00:41:15,133
and would certainly be willing to

818
00:41:17,033 --> 00:41:19,033
sharpen our pencil and try to reduce it further.

819
00:41:19,100 --> 00:41:22,900
If that was up, if that opened the door

820
00:41:22,934 --> 00:41:24,834
to a possible approval from you.

821
00:41:29,734 --> 00:41:33,033
I might, I guess my question is, I'm trying to figure out,

822
00:41:33,166 --> 00:41:37,233
so this is a duplex and do you own both sides?

823
00:41:38,000 --> 00:41:39,533
No, just, just the side.

824
00:41:39,567 --> 00:41:44,500
So your expansion, where does the, the other owner park,

825
00:41:45,300 --> 00:41:48,000
they, they park on their own parking apron off the road.

826
00:41:48,634 --> 00:41:52,266
So when they did their renovation several years ago, they,

827
00:41:52,433 --> 00:41:54,834
they renovated the house, they left the parking apron.

828
00:41:54,934 --> 00:41:56,000
I think they improved the apron

829
00:41:56,000 --> 00:41:58,266
but they didn't change its general location.

830
00:41:59,066 --> 00:42:01,033
And they do not have a garage, correct? Pardon?

831
00:42:01,100 --> 00:42:02,266
They do not correct.

832
00:42:03,433 --> 00:42:08,100
And then the increase in square footage, does

833
00:42:08,100 --> 00:42:11,533
that include both units or just the one side?

834
00:42:12,033 --> 00:42:15,300
It it, I can, so the, the,

835
00:42:16,767 --> 00:42:19,734
I guess I'm just so I understand your question correctly.

836
00:42:19,867 --> 00:42:22,066
I mean our increase we had to

837
00:42:22,834 --> 00:42:26,867
as differently than when the other variance was approved

838
00:42:27,133 --> 00:42:29,467
for the west side there.

839
00:42:29,467 --> 00:42:32,467
For whatever reason they chose to,

840
00:42:33,867 --> 00:42:37,233
to use the math so that it was two separate lots

841
00:42:37,567 --> 00:42:39,133
and the GRFA site coverage

842
00:42:39,133 --> 00:42:41,767
and everything was restricted to that lot

843
00:42:41,900 --> 00:42:45,734
and not, so now the town has taken the approach

844
00:42:45,867 --> 00:42:48,266
that it's a single lot with an A and B side.

845
00:42:48,834 --> 00:42:51,934
So there's a property line down the, down the party wall,

846
00:42:52,900 --> 00:42:56,033
but all of the calculations, site coverage GRFA

847
00:42:56,934 --> 00:43:00,100
are calculated on the entirety of the, of the double lot.

848
00:43:00,634 --> 00:43:02,000
So the numbers that you see as far

849
00:43:02,000 --> 00:43:05,767
as our compliance take into account both sides,

850
00:43:07,000 --> 00:43:09,100
that's what I was guessing.

851
00:43:10,000 --> 00:43:14,333
But basically based on what you guys are doing,

852
00:43:15,100 --> 00:43:18,367
you're limiting the ability of the adjoining duplex

853
00:43:18,500 --> 00:43:22,100
to do much of any expansions, right?

854
00:43:22,066 --> 00:43:26,567
'cause there was just 120 square feet left of GF ra.

855
00:43:27,133 --> 00:43:31,734
We as, as we were required to, we did, we reached out

856
00:43:31,734 --> 00:43:34,634
to them, met with them, reviewed the drawings,

857
00:43:35,000 --> 00:43:38,033
and they had already, their half had already been.

858
00:43:38,634 --> 00:43:41,300
In other words, the way the town does it is there's no

859
00:43:41,734 --> 00:43:44,100
proportional granting of, as you know,

860
00:43:44,100 --> 00:43:45,734
of GRFA or site coverage.

861
00:43:46,166 --> 00:43:50,100
So that's why you impose upon the applicant the need

862
00:43:50,100 --> 00:43:52,867
to be granted approval by the neighbor, which we were.

863
00:43:53,367 --> 00:43:55,700
So it was done with their permission.

864
00:43:55,900 --> 00:43:57,567
So you have your joint property owner consent

865
00:43:57,667 --> 00:43:58,700
that's in place, correct?

866
00:43:59,033 --> 00:44:01,266
It's been signed and they also wrote a,

867
00:44:01,500 --> 00:44:04,634
an email just supporting the general premise of

868
00:44:04,634 --> 00:44:08,033
what we're doing and then call, can you, I mean

869
00:44:08,033 --> 00:44:10,567
that the number of 300 square feet

870
00:44:11,300 --> 00:44:14,066
enclosed garage got thrown out. What's the

871
00:44:14,834 --> 00:44:17,000
- Yeah, so - The motivation from the town behind that?

872
00:44:17,367 --> 00:44:22,000
- Yeah, so it's, the motivation is when calculating

873
00:44:22,100 --> 00:44:26,634
GRFA, you can take deductions from that overall number of

874
00:44:27,266 --> 00:44:29,100
that number of square footage for the home.

875
00:44:29,100 --> 00:44:33,867
So garages in town are allowed 300 square feet deductions

876
00:44:34,100 --> 00:44:36,266
per space that they can fit within their garage.

877
00:44:36,333 --> 00:44:37,634
So if they have a two car garage,

878
00:44:38,066 --> 00:44:42,000
they could have a 600 square foot deduction from their total

879
00:44:42,000 --> 00:44:43,266
square footage of their home.

880
00:44:43,433 --> 00:44:48,000
So think of it as we calculate the entire gross size

881
00:44:48,000 --> 00:44:50,834
of the home and then we take deductions out of that.

882
00:44:50,934 --> 00:44:53,266
So the garage is considered a deduction.

883
00:44:53,266 --> 00:44:54,333
So it's kind of an incentive

884
00:44:54,567 --> 00:44:58,333
to put a garage within your home in, in the Town of Vail.

885
00:44:58,433 --> 00:44:59,433
So

886
00:45:03,500 --> 00:45:05,500
- Cole, I've got another question for you.

887
00:45:07,100 --> 00:45:10,767
And this is going to, to your analysis of memorandum

888
00:45:10,767 --> 00:45:15,066
and I want to understand staff's perspective on this issue.

889
00:45:16,867 --> 00:45:18,367
Let's, if I look at your memo

890
00:45:18,867 --> 00:45:21,533
and the the first variance

891
00:45:22,867 --> 00:45:25,767
review criteria that's listed at the top of page nine,

892
00:45:28,100 --> 00:45:31,734
you discuss it's the relationship of the requested variance

893
00:45:31,834 --> 00:45:33,734
to other existing or potential uses

894
00:45:33,734 --> 00:45:35,066
and structures in the vicinity.

895
00:45:36,100 --> 00:45:40,266
In the second paragraph, it's discussed, staff discusses

896
00:45:43,100 --> 00:45:45,567
the garage, it says the garage could have been better

897
00:45:45,567 --> 00:45:48,834
incorporated into the footprint in architectural form

898
00:45:48,834 --> 00:45:51,133
of the existing home rather than expanding

899
00:45:51,133 --> 00:45:52,333
out in the setback areas.

900
00:45:53,100 --> 00:45:55,867
Furthermore, due to its placements both within the front

901
00:45:56,000 --> 00:45:59,634
yard side yards, setbacks in its proximity

902
00:45:59,634 --> 00:46:02,033
to property lines, the proposed landscaping

903
00:46:02,033 --> 00:46:03,767
and retaining walls failed

904
00:46:03,934 --> 00:46:06,100
to provide adequate visual screening

905
00:46:06,100 --> 00:46:08,500
for a structure of this scale.

906
00:46:08,767 --> 00:46:11,133
Therefore it's more visible from the street.

907
00:46:11,667 --> 00:46:13,000
So there's that one point

908
00:46:13,266 --> 00:46:18,100
and then going to the second criteria, it is somewhat

909
00:46:19,767 --> 00:46:23,100
referenced again and it says

910
00:46:25,867 --> 00:46:29,700
notably the notably the proposal no longer incorporates

911
00:46:29,700 --> 00:46:32,567
grading, grading or earthwork against the garage structure.

912
00:46:32,567 --> 00:46:34,066
Without these grading measures

913
00:46:34,500 --> 00:46:37,333
to help integrate the structure into the site, the massing

914
00:46:37,333 --> 00:46:40,467
and bulk of the garage become far more apparent

915
00:46:41,133 --> 00:46:44,033
and prominent from the streets.

916
00:46:47,166 --> 00:46:51,533
Can you talk a little bit more about staff's perspective on

917
00:46:52,734 --> 00:46:56,166
what would be adequate screening in this instance?

918
00:46:56,700 --> 00:46:59,000
In know if we're going into the setback,

919
00:47:00,166 --> 00:47:05,133
what the concerns were about the grading measures or,

920
00:47:05,433 --> 00:47:07,300
and or earthwork against the garage

921
00:47:07,734 --> 00:47:09,100
and why that would be better?

922
00:47:10,000 --> 00:47:13,333
- Yeah, yeah. Staff originally when the applicant had come,

923
00:47:14,000 --> 00:47:16,867
staff had kind of concerns about the massing into

924
00:47:16,867 --> 00:47:21,500
that front setback and had expressed that massing

925
00:47:22,500 --> 00:47:24,667
isn't really seen in this neighborhood as much as,

926
00:47:24,734 --> 00:47:26,000
as what was being proposed.

927
00:47:26,033 --> 00:47:29,066
So I, I think the applicant had kind of wanted to try

928
00:47:29,066 --> 00:47:31,033
to shield the, the, the mass of

929
00:47:31,033 --> 00:47:34,500
that large garage coming out into the front setback.

930
00:47:34,500 --> 00:47:39,333
So staff had been working with the applicant to kind

931
00:47:39,333 --> 00:47:41,867
of see how grading could help to shield

932
00:47:42,100 --> 00:47:44,700
that large mask protruding off to the front setback.

933
00:47:45,567 --> 00:47:46,934
But with the new

934
00:47:48,066 --> 00:47:50,333
revision from hearing comments about retaining wall height,

935
00:47:51,433 --> 00:47:53,066
they went back

936
00:47:53,066 --> 00:47:54,100
and they have decided to kind

937
00:47:54,100 --> 00:47:56,634
of drop those retaining walls down to three feet.

938
00:47:56,667 --> 00:48:00,100
So originally it had been closer to, I think it was probably

939
00:48:00,100 --> 00:48:02,066
around six feet high for, for the retaining wall

940
00:48:02,066 --> 00:48:05,066
that was really shielding the earth work against the side

941
00:48:05,066 --> 00:48:07,834
of the garage is now three feet

942
00:48:07,867 --> 00:48:10,634
so there's no more earthwork kind of sloping to the garage.

943
00:48:11,433 --> 00:48:12,700
And I can kind of show that here

944
00:48:12,767 --> 00:48:16,934
with this had been the proposed earthwork on the side

945
00:48:16,934 --> 00:48:20,100
of the garage to kind of shield it from the view,

946
00:48:20,266 --> 00:48:21,367
kind of hide that mass.

947
00:48:21,934 --> 00:48:24,533
Something that you as the commissioners can kind

948
00:48:24,734 --> 00:48:27,533
of look at is, is mass, like adding all this mass

949
00:48:27,533 --> 00:48:28,367
to the front of the home,

950
00:48:29,066 --> 00:48:30,266
something within this neighborhood.

951
00:48:30,266 --> 00:48:31,834
And staff felt that that's not something

952
00:48:31,834 --> 00:48:33,000
we've seen throughout.

953
00:48:33,634 --> 00:48:36,133
And so that was kind of a worry with,

954
00:48:36,266 --> 00:48:37,467
with the proposed garage.

955
00:48:37,567 --> 00:48:40,033
So that was what had currently been proposed

956
00:48:40,500 --> 00:48:43,934
with the screening of the great was using grade.

957
00:48:44,900 --> 00:48:48,000
And then if I go to my presentation

958
00:48:48,100 --> 00:48:51,500
with the new renderings, they show like

959
00:48:52,333 --> 00:48:56,033
no more grading happening here on the side of this garage.

960
00:48:56,000 --> 00:48:59,767
So it will be kind of fully,

961
00:49:00,066 --> 00:49:02,233
but I, I think the applicant will also speak to, you know,

962
00:49:02,233 --> 00:49:04,834
using landscaping as well to kind of shield it as well.

963
00:49:04,934 --> 00:49:08,567
So staff still feels that the mass of the extra

964
00:49:09,433 --> 00:49:12,367
en enc en encroachment into the front step back is just

965
00:49:13,100 --> 00:49:16,233
something not seen in this neighborhood on many

966
00:49:16,233 --> 00:49:18,934
of these small lots kind of around the home.

967
00:49:19,066 --> 00:49:20,066
So,

968
00:49:20,300 --> 00:49:23,333
- Well - Then I'll turn it over to ask the applicant,

969
00:49:23,533 --> 00:49:26,567
just talk about the landscaping issues and, and

970
00:49:26,700 --> 00:49:28,634
and what you were trying to work, what you've

971
00:49:28,634 --> 00:49:30,300
- Been trying to, you know, I I think we, we,

972
00:49:30,500 --> 00:49:32,100
we approached this proactively

973
00:49:32,433 --> 00:49:34,133
and to be honest, I completely

974
00:49:34,934 --> 00:49:39,533
missed the retaining wall com component of it thinking that

975
00:49:40,266 --> 00:49:43,834
by doing what we proposed in the renderings, the, the, the,

976
00:49:44,367 --> 00:49:48,467
the old renderings, it was a way of lessening the,

977
00:49:48,500 --> 00:49:51,834
the the vertical aspect of the side of the garage and

978
00:49:51,834 --> 00:49:53,834
and improving its street appearance.

979
00:49:54,100 --> 00:49:59,000
'cause instead of seeing a wall, you're seeing slope grade

980
00:49:59,033 --> 00:50:01,133
with the ability of planting some trees and,

981
00:50:01,266 --> 00:50:04,700
and essentially, you know, very effectively masking it.

982
00:50:05,900 --> 00:50:08,033
What we were trying to do obviously is come back to

983
00:50:09,100 --> 00:50:10,634
having listened to your concerns

984
00:50:10,634 --> 00:50:15,500
and one of them was the retaining

985
00:50:15,500 --> 00:50:18,066
walls and the other was the proximity of the garage

986
00:50:18,133 --> 00:50:22,467
to the adjoining to the side yard side property line.

987
00:50:23,100 --> 00:50:25,066
So that we addressed effectively

988
00:50:25,867 --> 00:50:29,066
and we felt that if you deemed

989
00:50:30,033 --> 00:50:34,867
the lesser of two evils being not requesting the variance

990
00:50:35,000 --> 00:50:39,567
for the retaining walls, then we would then pursue screening

991
00:50:39,634 --> 00:50:43,567
by way of landscaping, which could be boulders,

992
00:50:43,834 --> 00:50:45,000
shrubs, trees.

993
00:50:45,333 --> 00:50:48,000
And you know, essentially we're, you're doing

994
00:50:48,000 --> 00:50:50,100
what historically has been done, you know,

995
00:50:50,100 --> 00:50:53,367
from a fire safe standpoint obviously would probably cide

996
00:50:53,367 --> 00:50:56,533
that side of the garage with a non-combustible such as stone

997
00:50:56,567 --> 00:50:58,500
as we're showing in the renderings so

998
00:50:58,500 --> 00:51:01,033
that we can in fact put trees against the building without

999
00:51:01,033 --> 00:51:04,700
the fear of, you know, urban land

1000
00:51:05,634 --> 00:51:06,734
or fire issues.

1001
00:51:07,834 --> 00:51:08,934
Our preference would be

1002
00:51:08,934 --> 00:51:11,834
to retain the retaining wall if you felt that

1003
00:51:11,834 --> 00:51:15,867
that was an acceptable variance in, in lieu

1004
00:51:15,867 --> 00:51:18,100
of the, the visual results.

1005
00:51:19,100 --> 00:51:20,567
- So your preference would be to go

1006
00:51:20,567 --> 00:51:23,000
with the five foot retaining wall to be able

1007
00:51:23,033 --> 00:51:25,734
to do the landscaping that we see in the rendering.

1008
00:51:26,033 --> 00:51:28,066
- We feel that that in addition

1009
00:51:28,066 --> 00:51:32,500
to turning the garage 90 degrees from the road, there's,

1010
00:51:32,500 --> 00:51:36,066
there's a vertical bulk but it's, it's camouflage

1011
00:51:36,834 --> 00:51:39,867
and visually I think it's a better appearance than

1012
00:51:39,867 --> 00:51:43,066
what you currently have with three cars parked in a,

1013
00:51:43,500 --> 00:51:45,533
in an undersized parking apron.

1014
00:51:49,066 --> 00:51:52,867
- Understood. Are there further questions

1015
00:51:53,033 --> 00:51:54,367
for the applicant from commissioners?

1016
00:51:56,100 --> 00:52:01,100
- If, - If there are

1017
00:52:01,100 --> 00:52:03,467
no more, we'll open up to public comment.

1018
00:52:04,834 --> 00:52:06,000
If there's public comment in the room,

1019
00:52:06,033 --> 00:52:07,700
you can please come forward and use a microphone.

1020
00:52:07,834 --> 00:52:09,900
If you're online, please raise your hand

1021
00:52:09,900 --> 00:52:11,066
and we'll promote you to talk.

1022
00:52:11,567 --> 00:52:12,667
I'd ask that public comment.

1023
00:52:12,667 --> 00:52:15,066
Please keep your comments to three minutes or under.

1024
00:52:15,066 --> 00:52:16,433
We have a a full agenda today.

1025
00:52:17,367 --> 00:52:21,000
If anyone is speaking and reiterating comments of someone

1026
00:52:21,000 --> 00:52:23,500
before them, I ask that you maybe keep them brief

1027
00:52:23,533 --> 00:52:25,000
or note that you're seconding comments

1028
00:52:25,000 --> 00:52:26,233
from previous public comment.

1029
00:52:26,367 --> 00:52:28,700
Thank you. Anyone in the room please come forward.

1030
00:52:33,467 --> 00:52:37,500
- My name's Ken Johnson. I actually own 42 38 nugget Lane,

1031
00:52:37,934 --> 00:52:40,000
so I'll have comments about that afterwards,

1032
00:52:40,567 --> 00:52:42,133
but I'm concerned about this

1033
00:52:42,133 --> 00:52:45,734
because you've got significant side

1034
00:52:45,867 --> 00:52:47,000
and front setbacks.

1035
00:52:47,634 --> 00:52:52,133
It also increases the oc you know, the, the footage from 20%

1036
00:52:52,133 --> 00:52:53,133
to 23%.

1037
00:52:53,934 --> 00:52:56,934
So no different than last week or two weeks ago.

1038
00:52:57,300 --> 00:52:59,467
All they're doing is moving the garage over

1039
00:53:00,066 --> 00:53:02,000
to the west by five feet.

1040
00:53:02,767 --> 00:53:05,100
And I would highlight the fact

1041
00:53:05,100 --> 00:53:09,166
that primarily the reason they're into the front setback is

1042
00:53:09,166 --> 00:53:14,000
because they're adding eight foot eight feet to the south

1043
00:53:14,533 --> 00:53:17,066
on the expansion, which has not been talked about.

1044
00:53:17,533 --> 00:53:20,333
So they're asking for not only the eight foot expansion

1045
00:53:20,767 --> 00:53:24,133
of the home itself, then they're asking for the setback

1046
00:53:24,133 --> 00:53:25,500
with the garage in front of that.

1047
00:53:26,000 --> 00:53:29,533
So you could accomplish a garage if that's what they want

1048
00:53:29,734 --> 00:53:32,133
by giving up the eight feet expansion

1049
00:53:32,266 --> 00:53:33,467
that they're showing in the,

1050
00:53:34,033 --> 00:53:35,834
that they're proposing for that site.

1051
00:53:37,100 --> 00:53:39,700
But you know, they're kind of asking for the world,

1052
00:53:40,100 --> 00:53:43,266
they were asking for it when they went to zero site setback,

1053
00:53:44,066 --> 00:53:46,567
now he's going 10 feet or going 10

1054
00:53:46,834 --> 00:53:49,867
or yeah 10 feet into the side setback

1055
00:53:50,433 --> 00:53:53,567
and significantly into the front setback with the addition.

1056
00:53:54,567 --> 00:53:58,500
And relative to my comments on Nugget lane 42 38, I've owned

1057
00:53:58,500 --> 00:53:59,533
that for 28 years.

1058
00:54:00,567 --> 00:54:02,533
That was a single car garage

1059
00:54:03,133 --> 00:54:05,000
that had a master bedroom above it.

1060
00:54:05,000 --> 00:54:09,367
The bedroom was not added, the only expansion to the garage

1061
00:54:10,000 --> 00:54:11,700
was into the, onto the side

1062
00:54:12,834 --> 00:54:17,266
and it had a previous grant I believe that got gone back,

1063
00:54:17,467 --> 00:54:19,000
you know, 25 years ago

1064
00:54:19,266 --> 00:54:21,100
where it had been approved to do that.

1065
00:54:21,467 --> 00:54:24,767
And you're also comparing a primary secondary

1066
00:54:25,433 --> 00:54:28,100
zone site versus a duplex site

1067
00:54:28,133 --> 00:54:31,333
and we kept it as a primary single family home.

1068
00:54:32,066 --> 00:54:34,934
So it's significantly different when you compare the,

1069
00:54:34,934 --> 00:54:37,934
the front setback of that versus a duplex.

1070
00:54:38,133 --> 00:54:41,033
So I'm not, you know, that goes way back

1071
00:54:41,033 --> 00:54:42,767
and tested my memory of what took place.

1072
00:54:43,467 --> 00:54:48,300
But we also removed going back in 20 13 20 14,

1073
00:54:49,100 --> 00:54:52,066
a balcony that was even another three feet into the front.

1074
00:54:52,667 --> 00:54:54,100
So when they went through that remodel.

1075
00:54:54,133 --> 00:54:56,567
So that's my comments is think about

1076
00:54:57,133 --> 00:55:00,233
really why they're asking for the front setback

1077
00:55:00,467 --> 00:55:02,533
'cause they're already assuming they have the eight feet

1078
00:55:03,100 --> 00:55:05,033
expansion of the existing property.

1079
00:55:05,634 --> 00:55:09,066
And then finally, I guess I would say that the moving it

1080
00:55:09,066 --> 00:55:12,734
to the west by five feet makes it even more

1081
00:55:13,300 --> 00:55:16,233
a continuing of a difficult entry

1082
00:55:16,367 --> 00:55:18,700
and egress into that parking spot.

1083
00:55:18,934 --> 00:55:20,066
'cause you got less room to swing,

1084
00:55:20,667 --> 00:55:23,033
it was already bad when it was on the, on the,

1085
00:55:23,433 --> 00:55:26,266
on the side set back being proposed on the side set back.

1086
00:55:26,700 --> 00:55:30,467
Now you've got five feet less to maneuver a backing car in

1087
00:55:30,667 --> 00:55:33,500
and a raging snow storm to get in there. That's all.

1088
00:55:34,300 --> 00:55:36,533
- Thank you. - Yeah, any questions? Thank you.

1089
00:55:40,634 --> 00:55:42,300
- If there's any further public comment in the room,

1090
00:55:42,300 --> 00:55:44,300
please come forward to the microphone, willing

1091
00:55:44,300 --> 00:55:45,700
to, I'd love to hear your comments.

1092
00:55:47,900 --> 00:55:49,000
Are there any hands raised online?

1093
00:55:52,000 --> 00:55:54,233
If there is no more public comment,

1094
00:55:54,834 --> 00:55:58,300
I will close public comment and go back to applicant

1095
00:55:58,333 --> 00:56:01,066
and staff to see any final comments from the applicant

1096
00:56:01,066 --> 00:56:02,700
or staff before Commissioner comment.

1097
00:56:04,734 --> 00:56:07,100
Cole, anything from you? No, no comments from staff.

1098
00:56:07,734 --> 00:56:09,333
If you, if you have more questions, feel free

1099
00:56:10,467 --> 00:56:12,266
- Based on public comment, I'd like

1100
00:56:12,266 --> 00:56:16,000
to better understand the variances on the property

1101
00:56:16,033 --> 00:56:17,533
that has the garage and the setback

1102
00:56:18,066 --> 00:56:21,133
because there's been a lot of discussion about,

1103
00:56:22,000 --> 00:56:24,100
there are a lot of other variances on the street,

1104
00:56:24,500 --> 00:56:27,266
but those are predominantly preexisting preexisting

1105
00:56:27,266 --> 00:56:29,266
variances probably from when they were an extended town.

1106
00:56:30,066 --> 00:56:33,333
So I wanna understand if we let them move into the front

1107
00:56:33,367 --> 00:56:37,066
side back or just the side set back if either one at all.

1108
00:56:37,667 --> 00:56:40,467
- Yeah, I can't fully recall so I can, I can always do

1109
00:56:40,467 --> 00:56:41,867
that on the, the side.

1110
00:56:41,934 --> 00:56:43,567
But yeah mo most

1111
00:56:43,567 --> 00:56:46,467
of the variances are from non-conforming homes already

1112
00:56:46,467 --> 00:56:47,567
built into setback.

1113
00:56:47,667 --> 00:56:49,266
So this is more of a variance asking

1114
00:56:49,333 --> 00:56:51,467
to build into the setback further.

1115
00:56:52,834 --> 00:56:57,033
I believe that this front, front setback variance

1116
00:56:57,033 --> 00:57:00,500
with the garage was kind of a twofold where yes,

1117
00:57:00,500 --> 00:57:02,934
the home was already built into the front setback

1118
00:57:03,133 --> 00:57:05,567
and then expanded also into the front setback.

1119
00:57:05,667 --> 00:57:07,300
So it was a little different.

1120
00:57:08,433 --> 00:57:09,634
Again, staff is noting

1121
00:57:09,634 --> 00:57:11,867
that there is a front setback variance in the neighborhood

1122
00:57:12,266 --> 00:57:14,567
as well as multiple other side yard setbacks

1123
00:57:14,567 --> 00:57:15,634
throughout the neighborhood.

1124
00:57:15,734 --> 00:57:18,033
So this is not the, the only

1125
00:57:19,634 --> 00:57:21,100
property on this on Nugget lane

1126
00:57:21,100 --> 00:57:22,867
requesting a variance of this kind.

1127
00:57:23,533 --> 00:57:25,367
I can't remember all the details of that one,

1128
00:57:25,433 --> 00:57:28,700
but I do know that it was approved in this neighborhood.

1129
00:57:30,266 --> 00:57:32,533
- Okay. I guess, you know, I would argue

1130
00:57:32,533 --> 00:57:34,734
that in a sense there was an instance

1131
00:57:34,734 --> 00:57:36,934
where they were already in the front yard setback,

1132
00:57:36,934 --> 00:57:41,066
but they were allowed to expand in the front yard setback to

1133
00:57:41,734 --> 00:57:44,100
increase the garage from a single to a double car garage.

1134
00:57:44,700 --> 00:57:48,700
So it's, it, no two projects are identical,

1135
00:57:48,867 --> 00:57:50,767
but I'd say it's a similar incursion.

1136
00:57:52,133 --> 00:57:53,734
You know, the argument could have been made while

1137
00:57:53,734 --> 00:57:56,934
that second car garage could have been pushed in the back

1138
00:57:56,934 --> 00:57:58,133
of the property in that instance

1139
00:57:58,133 --> 00:57:59,567
because of the placement of the house

1140
00:58:00,100 --> 00:58:02,233
and the maturity of the trees on the hillside behind

1141
00:58:02,300 --> 00:58:06,133
that was seen as a lesser of two evils.

1142
00:58:06,834 --> 00:58:08,934
And so we're,

1143
00:58:12,700 --> 00:58:17,233
I I mean I was asked earlier if we would consider

1144
00:58:17,900 --> 00:58:19,500
trying to redesign the garage again.

1145
00:58:19,500 --> 00:58:22,100
Obviously if that gets us closer

1146
00:58:22,233 --> 00:58:25,133
to an approval then we'd certainly be open to that. Okay.

1147
00:58:25,834 --> 00:58:27,934
- Can you speak to the comment about the eight foot

1148
00:58:27,934 --> 00:58:29,500
expansion in the garage that was made?

1149
00:58:29,934 --> 00:58:32,767
Could you fit the garage if you didn't have the eight foot

1150
00:58:32,767 --> 00:58:36,500
front expansion within, without going into the setback

1151
00:58:36,500 --> 00:58:38,300
or minimally going into the setback? Could we,

1152
00:58:38,700 --> 00:58:41,100
- The difficulty is that the existing footprint

1153
00:58:41,100 --> 00:58:43,500
of the house is so small that if we were

1154
00:58:43,500 --> 00:58:44,934
to push it eight feet into it,

1155
00:58:45,266 --> 00:58:48,066
the main entry level would be essentially non-functional,

1156
00:58:49,233 --> 00:58:51,367
you know, to move further towards the creek.

1157
00:58:51,467 --> 00:58:53,233
We've got impediments on the backside.

1158
00:58:54,133 --> 00:58:56,367
So, and you know, I think that the neighbors

1159
00:58:56,367 --> 00:58:58,033
to the east would, you know, they,

1160
00:58:58,033 --> 00:59:00,100
they're understandably very concerned about

1161
00:59:00,100 --> 00:59:01,300
not losing their view.

1162
00:59:01,934 --> 00:59:05,333
We've assured them that we are actually removing a

1163
00:59:05,333 --> 00:59:07,233
non-conforming deck and

1164
00:59:07,233 --> 00:59:09,133
because of the fact that the new patio

1165
00:59:09,266 --> 00:59:12,000
that we're proposing in the back is actually below grade

1166
00:59:13,867 --> 00:59:16,300
as we'll illustrate to them to put their minds at ease,

1167
00:59:17,000 --> 00:59:19,700
we expect that that will be a lesser impediment on their

1168
00:59:19,700 --> 00:59:21,634
privacy and on the enjoyment of, of the creek.

1169
00:59:22,033 --> 00:59:24,867
So we're, we're a little bit, again, it's a, it's an issue

1170
00:59:24,867 --> 00:59:27,567
of the size of the site and the con confines.

1171
00:59:31,100 --> 00:59:34,734
- Thank you. Anything further from applicant

1172
00:59:35,033 --> 00:59:36,066
or staff?

1173
00:59:36,100 --> 00:59:40,066
We move to commissioner comment? No. Okay.

1174
00:59:40,066 --> 00:59:41,266
We'll move on to commissioner comment.

1175
00:59:41,767 --> 00:59:43,634
We'll start to my right. Commissioner Brown,

1176
00:59:50,100 --> 00:59:54,367
- In looking at the criteria for variance, I,

1177
00:59:56,834 --> 00:59:58,467
I'm struggling with special privilege.

1178
00:59:59,567 --> 01:00:04,266
We've done a lot of talking about the one variance

1179
01:00:04,266 --> 01:00:07,166
that appears to have been granted in front setback

1180
01:00:10,033 --> 01:00:12,767
and whether or not that is precedent setting for a second.

1181
01:00:13,100 --> 01:00:15,700
And I'm struggling with whether a second becomes precedent

1182
01:00:15,700 --> 01:00:19,533
setting for a third and a fourth and a 14th and a 15th.

1183
01:00:19,567 --> 01:00:22,634
And I think that makes this, this is a unique situation.

1184
01:00:22,634 --> 01:00:24,133
These lots are extremely small.

1185
01:00:24,133 --> 01:00:27,166
They're smaller than what's permissible under than

1186
01:00:27,166 --> 01:00:28,266
what was permissible under,

1187
01:00:28,333 --> 01:00:30,100
under avail regulations at the

1188
01:00:30,100 --> 01:00:31,133
time that they were incorporated.

1189
01:00:31,066 --> 01:00:33,467
I appreciate that, that creates a current difficulty.

1190
01:00:38,700 --> 01:00:42,133
I, I worry that solving that

1191
01:00:42,066 --> 01:00:44,634
with front setback variances

1192
01:00:47,066 --> 01:00:51,033
is an inelegant way to, to address that.

1193
01:00:51,100 --> 01:00:53,433
It's hard for me to believe that this isn't a,

1194
01:00:53,433 --> 01:00:56,634
an early ask in what will become a cascading ask

1195
01:00:56,767 --> 01:00:59,734
and what will become a front setback.

1196
01:01:00,100 --> 01:01:02,300
Variance is the standard of the neighborhood

1197
01:01:02,333 --> 01:01:03,500
that worries me greatly.

1198
01:01:09,667 --> 01:01:14,533
So I, I think in, I think that I would like

1199
01:01:14,533 --> 01:01:16,533
to hear what the other commissioners have to say about this.

1200
01:01:17,700 --> 01:01:19,000
I will withhold further comment.

1201
01:01:19,867 --> 01:01:21,500
- Thank you Commissioner Jensen.

1202
01:01:23,467 --> 01:01:24,934
- Well I too feel

1203
01:01:25,133 --> 01:01:29,634
that this doesn't warrant a special privilege.

1204
01:01:30,500 --> 01:01:33,066
I, I feel it is, the request is a special privilege

1205
01:01:33,100 --> 01:01:34,266
and it's not consistent

1206
01:01:35,066 --> 01:01:37,166
with the two family residential district.

1207
01:01:38,500 --> 01:01:41,233
I'm also just concerned about the mass of it

1208
01:01:42,634 --> 01:01:47,100
and you know, I just, I appreciate

1209
01:01:47,100 --> 01:01:48,700
that you took the retaining walls down,

1210
01:01:48,734 --> 01:01:51,000
but to me that only amplified the mass

1211
01:01:52,533 --> 01:01:54,767
and it's hard to see how boulders

1212
01:01:54,767 --> 01:01:56,900
or whatever is going to take care of it.

1213
01:01:57,767 --> 01:02:02,266
But I too feel really strongly that

1214
01:02:03,533 --> 01:02:06,533
approving this with constitute a granting

1215
01:02:06,533 --> 01:02:07,900
of special, special privilege.

1216
01:02:08,033 --> 01:02:10,433
So I'm struggling there.

1217
01:02:12,033 --> 01:02:15,500
I am supportive of the expansion below grade.

1218
01:02:16,333 --> 01:02:18,900
So that's, it's a separate request, but

1219
01:02:18,900 --> 01:02:20,500
- We really haven't discussed that today.

1220
01:02:22,533 --> 01:02:24,100
- Thank you Commissioner Wallace.

1221
01:02:25,533 --> 01:02:26,934
- I agree with everything

1222
01:02:27,867 --> 01:02:30,033
that my fellow commissioners have already said.

1223
01:02:30,133 --> 01:02:31,834
I'll emphasize the basement aspect,

1224
01:02:32,066 --> 01:02:33,300
which we haven't discussed.

1225
01:02:34,367 --> 01:02:37,300
I did drive through there yesterday.

1226
01:02:40,900 --> 01:02:42,834
For me, special privilege is hard here

1227
01:02:42,834 --> 01:02:46,000
because there are a bunch of duplexes next to each other

1228
01:02:46,233 --> 01:02:49,033
and I, I don't remember seeing any garages there

1229
01:02:49,033 --> 01:02:51,567
and I was trying to see how this could fit

1230
01:02:52,133 --> 01:02:55,266
and not be sort of a violation of bulk and mass

1231
01:02:55,266 --> 01:02:56,500
or special privilege.

1232
01:02:56,567 --> 01:02:58,567
I mean, I think when you look at the development next door,

1233
01:02:59,333 --> 01:03:02,066
it kind of demonstrates what was supposed

1234
01:03:02,066 --> 01:03:04,533
to be possible on these lots which are smaller.

1235
01:03:05,100 --> 01:03:08,567
And then on the other side where there,

1236
01:03:08,567 --> 01:03:10,567
there was potentially already a variance or

1237
01:03:10,567 --> 01:03:12,100
otherwise, it's on the cul-de-sac

1238
01:03:12,100 --> 01:03:14,033
and it's next to a ton of open space

1239
01:03:14,567 --> 01:03:16,567
and it, you know, I thought it was interesting.

1240
01:03:16,567 --> 01:03:19,100
It's a different, it's, it's a different type of lot.

1241
01:03:19,734 --> 01:03:22,634
So I think in this case it would be special privilege if we

1242
01:03:22,634 --> 01:03:24,033
weren't to give all the duplexes

1243
01:03:24,033 --> 01:03:26,100
and I can't imagine what the street would look like if they

1244
01:03:26,100 --> 01:03:28,100
all were able to put garages in the front set back.

1245
01:03:30,133 --> 01:03:33,667
- Thank you. Commissioner Jensen?

1246
01:03:34,867 --> 01:03:39,300
- Yep. - So Mr.

1247
01:03:39,634 --> 01:03:42,767
Haard, I, I, number one, I thought you

1248
01:03:43,667 --> 01:03:45,300
had a very good presentation today.

1249
01:03:45,300 --> 01:03:48,100
You said something about you didn't do a good job last time.

1250
01:03:48,133 --> 01:03:49,867
I wasn't here. You did a good job today.

1251
01:03:51,634 --> 01:03:55,133
I agree with your proposed that your proposed design

1252
01:03:55,834 --> 01:03:58,834
creates far better conditions that exist out there.

1253
01:03:59,300 --> 01:04:04,066
And I also agree that the design itself is superior

1254
01:04:04,266 --> 01:04:06,834
to other designs that you could have proposed for reasons

1255
01:04:06,834 --> 01:04:08,667
that you stated during your presentation.

1256
01:04:08,767 --> 01:04:09,667
100%.

1257
01:04:14,133 --> 01:04:15,867
I've been trying to search where,

1258
01:04:15,934 --> 01:04:18,166
where there's a compromise in this situation

1259
01:04:19,767 --> 01:04:23,500
and right now I, I haven't found one.

1260
01:04:23,867 --> 01:04:27,900
And you know, looking at the findings that,

1261
01:04:28,066 --> 01:04:29,900
that I pointed out to you

1262
01:04:30,133 --> 01:04:34,367
before I turned the staff's memorandum, you know, the, the,

1263
01:04:34,900 --> 01:04:37,300
you know, we have to find that this would not be a grant,

1264
01:04:37,433 --> 01:04:39,066
a special privilege inconsistent

1265
01:04:39,066 --> 01:04:40,834
with limitations on other properties

1266
01:04:41,266 --> 01:04:43,500
classified in the same zone district.

1267
01:04:43,567 --> 01:04:45,133
We're not even looking at at,

1268
01:04:45,467 --> 01:04:47,734
at homes in the same neighborhood.

1269
01:04:47,834 --> 01:04:50,133
We're homes in the same zone district.

1270
01:04:50,066 --> 01:04:54,100
So that's, that's a difficult

1271
01:04:54,667 --> 01:04:56,567
threshold to achieve.

1272
01:04:58,300 --> 01:05:01,166
I think the points of as to what happened

1273
01:05:01,166 --> 01:05:03,266
with 2 4, 3 8 are good points.

1274
01:05:04,266 --> 01:05:07,166
It was all, you know, in expansion in the setback.

1275
01:05:07,233 --> 01:05:10,033
So the structure actually became much larger

1276
01:05:10,667 --> 01:05:13,100
even though there was a pre-existing one car garage,

1277
01:05:13,166 --> 01:05:16,000
it became two with an addition above it.

1278
01:05:16,033 --> 01:05:20,266
And, and I do believe that that supports an argument

1279
01:05:20,634 --> 01:05:22,300
that it's not special privilege,

1280
01:05:22,333 --> 01:05:25,233
but I'm looking more along the lines than

1281
01:05:25,233 --> 01:05:26,367
just one other property.

1282
01:05:26,367 --> 01:05:28,333
And I'm looking at all the other properties

1283
01:05:29,133 --> 01:05:31,000
in the same D zone district.

1284
01:05:31,000 --> 01:05:34,467
And is it inconsistent with limitations on all

1285
01:05:34,467 --> 01:05:35,500
of those properties?

1286
01:05:36,834 --> 01:05:40,634
And then three, you know,

1287
01:05:41,500 --> 01:05:45,367
I think a, you only have to, to to find

1288
01:05:47,500 --> 01:05:49,100
one of the three reasons

1289
01:05:49,066 --> 01:05:51,300
that are stated under that Subpart three.

1290
01:05:53,000 --> 01:05:55,734
And, and I don't think that C applies at all,

1291
01:05:57,033 --> 01:05:59,100
but looking at A and B, the strict

1292
01:05:59,100 --> 01:06:01,000
and little interpretation enforcement

1293
01:06:01,000 --> 01:06:04,233
of the specified regulation result in a practical difficulty

1294
01:06:04,367 --> 01:06:07,567
or unnecessary physical hardship, inconsistent

1295
01:06:07,567 --> 01:06:09,266
with the objectives of this title.

1296
01:06:10,000 --> 01:06:14,233
You know, my thought in regard to that tracks what staff

1297
01:06:15,567 --> 01:06:18,266
said and points one

1298
01:06:18,634 --> 01:06:22,567
and two of their memorandum in regard

1299
01:06:22,567 --> 01:06:25,066
to the criteria that they analyzed.

1300
01:06:29,734 --> 01:06:34,700
So that's difficult as well

1301
01:06:34,700 --> 01:06:38,367
as for you guys as, as well as three B, which is

1302
01:06:39,000 --> 01:06:41,467
there are exceptional or extraordinary circumstances

1303
01:06:41,634 --> 01:06:43,734
or conditions that are applicable to the site

1304
01:06:43,900 --> 01:06:45,934
of the variance that do not generally apply

1305
01:06:45,934 --> 01:06:48,033
to other properties in the same zone district.

1306
01:06:49,500 --> 01:06:51,734
Looking at that, you know,

1307
01:06:51,734 --> 01:06:54,734
looking at other properties in the same zone district,

1308
01:06:55,166 --> 01:06:56,767
there are a lot of properties

1309
01:06:56,867 --> 01:06:59,000
that face the similar constraints

1310
01:06:59,033 --> 01:07:00,834
that your client's property does.

1311
01:07:01,433 --> 01:07:05,133
And again, I I, I'm, without having to follow the criteria,

1312
01:07:05,233 --> 01:07:09,133
I'm very sympathetic to the desire to put a garage in

1313
01:07:09,467 --> 01:07:12,100
and expand and, and improve the property

1314
01:07:12,500 --> 01:07:14,700
and create a better space for the owners.

1315
01:07:15,133 --> 01:07:17,100
But at the same time, I just don't see

1316
01:07:17,100 --> 01:07:21,100
where in this instance that, that you can meet,

1317
01:07:21,367 --> 01:07:24,233
say three B to help satisfy that criteria.

1318
01:07:24,367 --> 01:07:26,066
'cause there doesn't seem to be exceptional

1319
01:07:26,100 --> 01:07:30,100
or extraordinary circumstances that don't apply

1320
01:07:30,033 --> 01:07:33,033
to other properties in the, in the zoning district.

1321
01:07:33,467 --> 01:07:35,266
So those are my comments.

1322
01:07:35,467 --> 01:07:37,066
- Thank you. Thank you. Let me get

1323
01:07:37,066 --> 01:07:39,000
through my comments first Michael, and then the future.

1324
01:07:39,000 --> 01:07:40,266
Of course. We'll just get through Commissioner comment.

1325
01:07:40,266 --> 01:07:44,700
Thank you. You, you know, I'm falling in the same veins

1326
01:07:44,700 --> 01:07:46,533
of the commissioners and it, it's close to me.

1327
01:07:46,567 --> 01:07:50,867
But the thing is, what it comes down to is, you know,

1328
01:07:50,867 --> 01:07:52,467
looking at that, you know, is

1329
01:07:52,467 --> 01:07:54,100
that other variance precedent sending,

1330
01:07:54,133 --> 01:07:56,867
well technically there's no such thing as precedents, right?

1331
01:07:56,867 --> 01:08:00,300
And in, in governmental rulings. Sure.

1332
01:08:01,667 --> 01:08:03,533
You know, and that's, that's part of our code.

1333
01:08:03,533 --> 01:08:06,133
That ones do not set precedents, but,

1334
01:08:06,834 --> 01:08:09,033
but kind of analyzing that it's splitting hairs.

1335
01:08:09,133 --> 01:08:11,100
But, you know, they didn't increase their front

1336
01:08:11,133 --> 01:08:12,367
setback, they went laterally.

1337
01:08:12,667 --> 01:08:15,166
And I know it increased their en the set foot,

1338
01:08:15,166 --> 01:08:17,100
the footprint in the front setback.

1339
01:08:17,567 --> 01:08:19,867
But here we're adding totally new encroachment

1340
01:08:19,867 --> 01:08:20,934
into the front setback.

1341
01:08:21,467 --> 01:08:23,500
And really what it comes down to me is, you know,

1342
01:08:23,500 --> 01:08:26,066
is this the mini minimum, minimum relief necessary?

1343
01:08:26,634 --> 01:08:28,700
And I don't think it is. And part of it comes down

1344
01:08:28,700 --> 01:08:31,266
to is when we discussed last time, you know, I asked, well,

1345
01:08:31,266 --> 01:08:33,000
is it possible to have a drive under garage?

1346
01:08:33,133 --> 01:08:35,000
He said, yes, it's possible,

1347
01:08:35,634 --> 01:08:37,233
but we'd be losing living area in

1348
01:08:37,233 --> 01:08:38,266
the, in the basement level.

1349
01:08:39,066 --> 01:08:41,367
And so at the end of the day, you know, I see this

1350
01:08:41,367 --> 01:08:43,066
as granting an e economic benefit

1351
01:08:43,734 --> 01:08:46,066
by placing a garage in the front setback by

1352
01:08:46,700 --> 01:08:48,567
allowing this variance, which then allows

1353
01:08:48,667 --> 01:08:50,734
for more liberal square footage in the, in the home.

1354
01:08:50,734 --> 01:08:53,500
Which is what, you know, the intent of this is. I get it.

1355
01:08:54,367 --> 01:08:56,734
I just can't get there on our, our criteria.

1356
01:08:57,033 --> 01:08:58,767
So those are my comments, and if you have further

1357
01:08:58,767 --> 01:09:00,100
comment, Michael, feel free. Yeah,

1358
01:09:00,166 --> 01:09:01,166
- Yeah.

1359
01:09:01,166 --> 01:09:03,367
No, and, and you know, thank you for all your comments.

1360
01:09:03,700 --> 01:09:05,634
I appreciate it. It's, it's a difficult thing.

1361
01:09:05,634 --> 01:09:09,367
You know, I, my attempt earlier to talk about planning

1362
01:09:09,700 --> 01:09:11,734
and design is that really,

1363
01:09:11,734 --> 01:09:13,700
there shouldn't be a discordance between them.

1364
01:09:14,667 --> 01:09:19,066
And unfortunately, you know what, what you're

1365
01:09:20,033 --> 01:09:24,066
entrusted with, essentially you're using

1366
01:09:24,367 --> 01:09:25,533
and you know, as you must,

1367
01:09:25,667 --> 01:09:29,033
and I understand the rules you're using, the standards,

1368
01:09:29,133 --> 01:09:32,734
the setback, the numbers, the percentages, as you know,

1369
01:09:32,734 --> 01:09:35,367
they were set sometime back as, as,

1370
01:09:35,934 --> 01:09:37,000
I wouldn't say arbitrary,

1371
01:09:37,066 --> 01:09:39,567
but they've, they've been adopted as the regulations.

1372
01:09:40,166 --> 01:09:45,033
And then when an applicant comes forth as I am asking

1373
01:09:45,100 --> 01:09:49,767
for variance to those standards, the, the,

1374
01:09:51,166 --> 01:09:52,367
the numbers are one thing,

1375
01:09:53,133 --> 01:09:55,266
the visual resulting of it is another.

1376
01:09:55,667 --> 01:10:00,233
And I think that in other, so one solution, obviously

1377
01:10:00,233 --> 01:10:02,567
that's becoming the louder option here,

1378
01:10:02,567 --> 01:10:04,033
is the elimination of a garage.

1379
01:10:04,667 --> 01:10:09,033
At which point we we're, we're, we're back

1380
01:10:09,033 --> 01:10:10,367
to exposing three vehicles.

1381
01:10:11,233 --> 01:10:14,266
We've lost some of the elements that we're getting,

1382
01:10:15,133 --> 01:10:17,567
we'll still probably depress the parking area

1383
01:10:18,100 --> 01:10:21,533
and still try to improve the street frontage.

1384
01:10:23,500 --> 01:10:28,367
But I feel that yes, we were asking for a greater,

1385
01:10:28,734 --> 01:10:31,533
we're asking her for a front yard incursion in addition

1386
01:10:31,533 --> 01:10:32,934
to the side yard incursion.

1387
01:10:34,133 --> 01:10:37,066
But I think that the manner in which we were doing it was

1388
01:10:37,300 --> 01:10:39,033
offering a superior design solution.

1389
01:10:39,433 --> 01:10:44,266
And you know, in many new codes, the, the visual guidelines,

1390
01:10:44,300 --> 01:10:47,300
they are, instead of having setbacks, you're, you're,

1391
01:10:47,300 --> 01:10:49,533
you're imposing bill two lines

1392
01:10:50,000 --> 01:10:51,934
and you're defining street frontages.

1393
01:10:52,467 --> 01:10:54,934
And in a sense, one way

1394
01:10:54,934 --> 01:10:57,834
of fixing this would be if you encouraged a series

1395
01:10:57,867 --> 01:11:01,033
of garages that restored the soft frontage of the road,

1396
01:11:01,233 --> 01:11:05,467
you'd get the public works department dancing on a pin.

1397
01:11:06,233 --> 01:11:08,033
'cause it'd be easier to maintain the road edge.

1398
01:11:08,266 --> 01:11:10,100
And I think the resultant designs

1399
01:11:10,834 --> 01:11:13,033
of those six homes could be far superior.

1400
01:11:14,734 --> 01:11:17,734
I think, I don't have to read the writing on the wall.

1401
01:11:17,767 --> 01:11:19,934
It's fairly obvious. I don't know.

1402
01:11:21,500 --> 01:11:25,467
I suspect if we can maybe ask to table it

1403
01:11:25,467 --> 01:11:26,934
and then we'll come back with a solution

1404
01:11:26,934 --> 01:11:30,700
that hopefully finds acceptance to the remaining variances

1405
01:11:30,700 --> 01:11:32,033
that we are asking for.

1406
01:11:32,033 --> 01:11:36,000
We we're comfortable at least that the expansion

1407
01:11:36,000 --> 01:11:38,100
to the crawlspace appears to be concurrent

1408
01:11:38,100 --> 01:11:39,333
with other variances granted.

1409
01:11:40,033 --> 01:11:42,867
And we will endeavor to

1410
01:11:44,634 --> 01:11:46,867
adjust other elements of it to come back

1411
01:11:46,867 --> 01:11:51,700
and hopefully get, get your

1412
01:11:51,867 --> 01:11:52,867
- Approvals.

1413
01:11:52,867 --> 01:11:54,567
Yeah, and my comments regarding the EP deck stand from last

1414
01:11:54,567 --> 01:11:56,133
meeting, completely on board with

1415
01:11:56,133 --> 01:11:58,266
that in the living area in the basement. So,

1416
01:11:58,266 --> 01:12:00,300
- Yeah, no, I mean, you know, we understand, you know,

1417
01:12:00,467 --> 01:12:02,000
and we appreciate the role you're in.

1418
01:12:02,000 --> 01:12:05,367
It's tough zoning is not easy. So

1419
01:12:06,100 --> 01:12:08,700
- I, I, I'd two, two points.

1420
01:12:09,033 --> 01:12:11,700
Cole, when's our next regularly scheduled meeting?

1421
01:12:12,500 --> 01:12:15,266
What's the date or Heather? Either one

1422
01:12:17,166 --> 01:12:19,367
- 14th, 14th maybe - Of August.

1423
01:12:19,367 --> 01:12:21,133
August 14th. Think it's August 14th.

1424
01:12:21,133 --> 01:12:22,934
Would that be when you would be looking to come back?

1425
01:12:23,000 --> 01:12:24,000
If we tabled this,

1426
01:12:24,834 --> 01:12:25,834
- We could table it and you could always

1427
01:12:26,000 --> 01:12:26,834
push from there too.

1428
01:12:27,166 --> 01:12:28,166
- Yeah, you can push from that.

1429
01:12:28,333 --> 01:12:29,934
I just want to put a date down. It's

1430
01:12:29,934 --> 01:12:30,934
- August 10th.

1431
01:12:30,934 --> 01:12:32,867
- August 10th. - August 14th, sorry.

1432
01:12:33,100 --> 01:12:34,834
- August 10th. 10th, yep. Okay.

1433
01:12:34,867 --> 01:12:39,166
And then the second point I wanted to make is

1434
01:12:39,367 --> 01:12:42,100
to some of your more general points about our code.

1435
01:12:42,834 --> 01:12:46,867
I think you're aware that staff is in the process with

1436
01:12:47,033 --> 01:12:50,000
outside help rewriting significant portions

1437
01:12:50,000 --> 01:12:53,000
of our development code, which is so spectacular.

1438
01:12:53,734 --> 01:12:57,867
Yeah. And, and so hopefully you'll be able

1439
01:12:57,867 --> 01:13:00,700
to participate in that process as a member of the community.

1440
01:13:00,700 --> 01:13:02,934
Community I community and someone who works in our C I'd

1441
01:13:02,934 --> 01:13:03,934
- Delight.

1442
01:13:03,934 --> 01:13:04,433
Yeah. Zoning. Zoning and staff.

1443
01:13:04,934 --> 01:13:07,567
- I have a lot respect. And so I, I invite you to do that.

1444
01:13:08,000 --> 01:13:09,667
Thank you. That being said,

1445
01:13:09,667 --> 01:13:12,367
and if there's nothing else from other commissioners, Mr.

1446
01:13:12,734 --> 01:13:16,867
Chairman, I move that we table agenda item 3.2

1447
01:13:17,033 --> 01:13:18,867
to our next regular scheduled meeting on

1448
01:13:18,867 --> 01:13:21,634
August 10th, 2026. There's

1449
01:13:21,634 --> 01:13:22,900
- A motion by Commissioner RedR

1450
01:13:22,900 --> 01:13:24,100
and a second by Commissioner Wallace.

1451
01:13:24,100 --> 01:13:27,000
All in favor, please say aye. A Aye.

1452
01:13:27,934 --> 01:13:30,567
All opposed, hearing none that passes.

1453
01:13:30,767 --> 01:13:32,900
It is tabled to the August 10th meeting. Thank you.

1454
01:13:33,066 --> 01:13:36,567
Thank you. Thank you. The next item

1455
01:13:36,567 --> 01:13:38,233
or agenda is 3.3.

1456
01:13:38,266 --> 01:13:40,367
Request for recommendation of the Vale Town Council

1457
01:13:40,533 --> 01:13:43,000
for the establishment of a new special development district

1458
01:13:43,000 --> 01:13:45,133
pursuant to section 12 dash nine, a

1459
01:13:45,767 --> 01:13:48,333
special development district's Vail Town code to allow

1460
01:13:48,333 --> 01:13:51,934
for the development of a multifamily project located at 4 42

1461
01:13:52,567 --> 01:13:56,567
South Frontage Road, east Vail Village filing five track D,

1462
01:13:56,567 --> 01:13:59,166
it's PEC filing 26 dash 11.

1463
01:14:00,367 --> 01:14:03,100
The planner on the file is Heather Knight.

1464
01:14:03,133 --> 01:14:05,433
Heather, do you have a presentation for us today?

1465
01:14:05,934 --> 01:14:09,033
- I do. Should we take a break

1466
01:14:09,700 --> 01:14:11,333
since there's only three left?

1467
01:14:11,900 --> 01:14:13,634
- We can, yeah, we don't have four in the room,

1468
01:14:13,700 --> 01:14:14,834
so we'll take a, okay.

1469
01:14:15,000 --> 01:14:16,734
Two minute break for return. Perfect, perfect.

1470
01:14:23,100 --> 01:14:26,367
- Hold on, we'll try this again.

1471
01:14:27,266 --> 01:14:29,300
So this is PAC 26 11.

1472
01:14:29,834 --> 01:14:31,266
It is for the establishment

1473
01:14:31,266 --> 01:14:34,333
of a new special development district for Lunar Vale,

1474
01:14:34,333 --> 01:14:39,133
which is located at 4 42 South Frontage Road East.

1475
01:14:40,000 --> 01:14:43,000
And here's the location here is noted by the yellow dot.

1476
01:14:43,767 --> 01:14:46,867
It's the existing development lot of Apollo Park

1477
01:14:47,266 --> 01:14:51,100
to the south and the property is actually this

1478
01:14:51,100 --> 01:14:52,300
parking lot right here.

1479
01:14:53,367 --> 01:14:56,266
Altus Vale is to the west as well as Mountain View

1480
01:14:57,467 --> 01:15:01,533
residences also to the west and the Ren is to the east.

1481
01:15:04,166 --> 01:15:06,834
So hit little history of the property first,

1482
01:15:08,033 --> 01:15:09,467
just really quickly,

1483
01:15:09,700 --> 01:15:13,100
the Apollo Park buildings were constructed in the 1970s

1484
01:15:13,000 --> 01:15:15,233
to employ, provide employee housing.

1485
01:15:16,000 --> 01:15:20,367
And then in 1978 a condo map was,

1486
01:15:20,900 --> 01:15:22,233
was establishing the kind

1487
01:15:22,233 --> 01:15:24,300
of the condominium ownership structure.

1488
01:15:24,834 --> 01:15:27,000
And after that, those units were all conveyed

1489
01:15:27,000 --> 01:15:29,467
as fractional ownership interest creating

1490
01:15:30,233 --> 01:15:32,000
existing timeshare use on the property.

1491
01:15:32,000 --> 01:15:35,300
And I believe, and the applicant could correct me,

1492
01:15:35,367 --> 01:15:38,066
I think there's 1700 different

1493
01:15:38,834 --> 01:15:40,634
timeshare owners of that property.

1494
01:15:41,700 --> 01:15:44,100
In 2006, the site was subdivided

1495
01:15:44,133 --> 01:15:47,934
to facilitate the phase redevelopment of the property

1496
01:15:47,934 --> 01:15:50,634
to the west resulting in the mountain view residences

1497
01:15:51,033 --> 01:15:54,333
and a phase one and two, which is now known as Altus.

1498
01:15:54,834 --> 01:15:58,066
And those were completed in 2008 and 2019.

1499
01:15:59,233 --> 01:16:02,100
And then the last was a new swimming pool was added

1500
01:16:02,367 --> 01:16:05,266
to the Apollo Park property in 2007 to replace

1501
01:16:05,900 --> 01:16:07,634
an existing one that was demolished

1502
01:16:07,734 --> 01:16:10,333
to accommodate the Vail Mountain View residences.

1503
01:16:11,233 --> 01:16:14,100
So just a quick little timeline thanks to the applicant

1504
01:16:14,133 --> 01:16:15,300
for providing this image.

1505
01:16:15,934 --> 01:16:17,300
It started as one property

1506
01:16:17,700 --> 01:16:20,500
and then later was subdivided to accommodate the

1507
01:16:21,033 --> 01:16:22,734
Mountain view residences to the west.

1508
01:16:24,000 --> 01:16:26,634
Again, Apollo Park is, is this property to the East

1509
01:16:27,033 --> 01:16:29,767
and then further subdividing the Mountain

1510
01:16:29,767 --> 01:16:31,033
View Altas properties.

1511
01:16:31,500 --> 01:16:35,367
To that point, this remaining the same, they're in

1512
01:16:35,367 --> 01:16:38,834
that sub area nine of the Vil Vail Village Master plan.

1513
01:16:40,100 --> 01:16:43,233
And we'll get to some kind of some points relating to that

1514
01:16:44,000 --> 01:16:47,834
as I move further along the current application.

1515
01:16:48,066 --> 01:16:51,467
So skip ahead to this slide real quick.

1516
01:16:51,667 --> 01:16:53,066
History of the project is,

1517
01:16:53,133 --> 01:16:55,867
you have seen this many, many times before.

1518
01:16:56,934 --> 01:17:00,767
It actually came about four times before to the PEC

1519
01:17:01,133 --> 01:17:05,133
and then went on to Town Council twice, where that in,

1520
01:17:05,567 --> 01:17:09,066
in January of this year, it was remanded back to the PEC

1521
01:17:09,166 --> 01:17:11,734
by the Town Council in April.

1522
01:17:11,867 --> 01:17:14,266
And in May you saw it again as a work session

1523
01:17:15,700 --> 01:17:18,333
and that was reevaluated.

1524
01:17:18,333 --> 01:17:20,133
The project was reevaluated at that time

1525
01:17:20,734 --> 01:17:22,100
and kind of worked through some of the details.

1526
01:17:22,133 --> 01:17:25,834
And now it is here for a final recommendation.

1527
01:17:27,567 --> 01:17:31,100
But this current application today does not include the

1528
01:17:31,300 --> 01:17:32,634
redevelopment or replacement

1529
01:17:32,667 --> 01:17:34,767
of the existing Apollo Park buildings.

1530
01:17:36,033 --> 01:17:40,700
Lunar VA is, you know, the, they are the, the property,

1531
01:17:40,734 --> 01:17:42,000
the landowner of the property

1532
01:17:42,567 --> 01:17:46,066
and there's leasehold rights associated with Apollo Park.

1533
01:17:46,834 --> 01:17:50,367
So they do, from what we have learned from the applicant

1534
01:17:50,367 --> 01:17:54,300
and from doing our own research, there is, you know, rights

1535
01:17:54,300 --> 01:17:57,700
to develop this parking lot on this piece of property.

1536
01:17:59,667 --> 01:18:01,367
So this request here is

1537
01:18:01,367 --> 01:18:04,934
to establish a new special development district on the

1538
01:18:04,934 --> 01:18:07,100
development lot that is shared with Apollo Park.

1539
01:18:07,734 --> 01:18:10,367
The underlying zoning is high density multiple

1540
01:18:10,367 --> 01:18:11,533
family residential.

1541
01:18:12,333 --> 01:18:15,500
The proposed development includes 17 new residential units

1542
01:18:15,734 --> 01:18:17,367
and eight deed restricted units

1543
01:18:18,166 --> 01:18:21,000
and a fully enclosed 75 space parking garage.

1544
01:18:22,000 --> 01:18:25,033
And I do want to note that at the end

1545
01:18:25,133 --> 01:18:29,000
of my presentation we will have a presentation from our

1546
01:18:29,000 --> 01:18:31,000
housing department relating

1547
01:18:31,000 --> 01:18:34,000
to those deed restricted units on the property.

1548
01:18:34,100 --> 01:18:37,000
So if you wanna hold any questions related to housing

1549
01:18:37,166 --> 01:18:38,467
until they're able to present,

1550
01:18:41,934 --> 01:18:44,834
the applicant very nicely listed all

1551
01:18:44,834 --> 01:18:48,000
of the revisions since the last reiteration that came

1552
01:18:48,000 --> 01:18:49,533
before Town Council.

1553
01:18:50,033 --> 01:18:51,567
And this was something that was worked

1554
01:18:51,567 --> 01:18:54,000
through in the last two work sessions of the PEC.

1555
01:18:55,934 --> 01:18:59,000
A lot of that has to do with really the reduction in the,

1556
01:18:59,033 --> 01:19:04,100
in the bulk and in the GFA since the last PEC recommendation

1557
01:19:04,100 --> 01:19:07,266
to council reduction in the building height

1558
01:19:08,500 --> 01:19:12,033
and, you know, further increases of some of the setbacks

1559
01:19:12,033 --> 01:19:15,000
and reduction in, in overall density.

1560
01:19:17,433 --> 01:19:19,500
So why a special development district

1561
01:19:20,000 --> 01:19:22,033
as there have been 42 before this?

1562
01:19:23,266 --> 01:19:25,266
So this would be, actually,

1563
01:19:25,266 --> 01:19:28,033
there's 43 now that have been approved.

1564
01:19:28,734 --> 01:19:32,133
The most recent was the special development district number

1565
01:19:32,133 --> 01:19:35,066
42, the Vail Mountain View residences, phases one and two.

1566
01:19:35,100 --> 01:19:36,100
So right next door.

1567
01:19:38,900 --> 01:19:42,033
This does provide a little bit more flexibility for

1568
01:19:43,033 --> 01:19:46,333
site planning in terms of meeting some of the elements

1569
01:19:46,333 --> 01:19:50,266
of the master plan related to height, which we'll get

1570
01:19:50,266 --> 01:19:55,033
to some of those deviations as well as kind of recognizing

1571
01:19:55,033 --> 01:19:56,834
that the master plan and,

1572
01:19:57,066 --> 01:20:01,066
and was outdated in terms of meeting some of these goals.

1573
01:20:03,233 --> 01:20:06,734
So just a real quick outline of what we, we are at today.

1574
01:20:06,734 --> 01:20:10,300
Where are we at today? This is the survey north is to the,

1575
01:20:10,367 --> 01:20:11,634
to the left of the screen.

1576
01:20:12,367 --> 01:20:14,734
These are the existing Apollo Park buildings.

1577
01:20:15,000 --> 01:20:18,266
And this is showing kind of the very interesting outline

1578
01:20:18,433 --> 01:20:19,533
of the property.

1579
01:20:20,433 --> 01:20:23,066
It was, you know, again, this is a mountain view

1580
01:20:23,066 --> 01:20:24,533
and Altus here on the bottom of the screen.

1581
01:20:25,000 --> 01:20:29,533
So it was subdivided, you know, maybe why it was, it had a,

1582
01:20:29,700 --> 01:20:32,767
a jog in this, you know, not, not important.

1583
01:20:32,934 --> 01:20:35,834
Now there are some easements in place in terms

1584
01:20:35,834 --> 01:20:37,033
of utility easements

1585
01:20:37,900 --> 01:20:42,567
and we'll see that how close the, this pro,

1586
01:20:42,567 --> 01:20:43,867
this new development actually gets

1587
01:20:44,033 --> 01:20:46,233
to this Western property line in just a moment.

1588
01:20:48,934 --> 01:20:51,100
In terms of circulation, I wanted to put this slide in

1589
01:20:51,333 --> 01:20:54,266
'cause I did feel that this was important not only to

1590
01:20:55,333 --> 01:20:58,333
maintain circulation appropriate to Apollo Park,

1591
01:20:58,367 --> 01:21:01,767
but also all the way through to towards Grower Creek.

1592
01:21:01,934 --> 01:21:05,567
So this plan is actually flipped and north is to the right.

1593
01:21:06,500 --> 01:21:09,634
Gore Creek here is is to the, to the left of the screen.

1594
01:21:10,100 --> 01:21:13,000
So the existing buildings, so the, the orange

1595
01:21:13,533 --> 01:21:14,634
represents vehicle access.

1596
01:21:14,734 --> 01:21:17,634
So vehicles would come in the driveway on the east side

1597
01:21:17,634 --> 01:21:20,567
of the property and circle around to the back

1598
01:21:20,700 --> 01:21:25,100
to enter the garage in and out of that garage structure.

1599
01:21:25,367 --> 01:21:29,266
There are some surface parking spaces located along the

1600
01:21:30,000 --> 01:21:32,066
apol existing Apollo Park building.

1601
01:21:32,667 --> 01:21:35,367
But most of the vehicles will kind of make that easy

1602
01:21:37,000 --> 01:21:40,066
turn right into the, the enclosed parking garage.

1603
01:21:40,934 --> 01:21:44,166
The red, it does demonstrate the fire axis, which does make

1604
01:21:44,166 --> 01:21:46,667
that very simple for our fire trucks.

1605
01:21:46,900 --> 01:21:50,133
It has, this plan has been fully reviewed multiple,

1606
01:21:50,667 --> 01:21:53,433
multiple times by our fire department

1607
01:21:54,100 --> 01:21:56,500
and they, they feel very confident in

1608
01:21:56,500 --> 01:22:01,033
what is happening onsite for fire, fire apparatuses

1609
01:22:01,100 --> 01:22:03,667
and their, their needs from that department.

1610
01:22:04,467 --> 01:22:07,000
The purple is an important one to note.

1611
01:22:07,033 --> 01:22:10,033
The purple does outline pedestrian access

1612
01:22:10,500 --> 01:22:15,000
and coming from the parking structure along the, the front

1613
01:22:15,000 --> 01:22:18,300
of the Apollo park buildings as well as along

1614
01:22:18,300 --> 01:22:20,367
that west property line, still maintaining

1615
01:22:20,367 --> 01:22:23,433
that pedestrian easement along that west line.

1616
01:22:24,266 --> 01:22:27,767
So that from the frontage road down to the,

1617
01:22:28,300 --> 01:22:31,066
the pedestrian path in front of the creek

1618
01:22:31,533 --> 01:22:34,266
really is still maintained at this point.

1619
01:22:37,700 --> 01:22:41,834
So the deviations requested today are setbacks

1620
01:22:41,934 --> 01:22:44,367
and it's a below grade setback for parking.

1621
01:22:44,500 --> 01:22:48,634
For the parking structure. 20 foot is required in this zone

1622
01:22:48,900 --> 01:22:50,767
district and six foot is proposed.

1623
01:22:51,634 --> 01:22:56,033
And on the next page I will show you where that is,

1624
01:22:56,133 --> 01:22:58,567
but it really is, it's limited to

1625
01:22:58,567 --> 01:22:59,900
below grade, it's not visible.

1626
01:23:00,066 --> 01:23:04,100
There will be plantings, landscaping fully on top of,

1627
01:23:04,066 --> 01:23:05,300
of this structure

1628
01:23:06,333 --> 01:23:08,700
and it achieves the parking that's necessary

1629
01:23:08,734 --> 01:23:10,367
to fulfill the parking requirements

1630
01:23:10,567 --> 01:23:12,333
for this particular development.

1631
01:23:14,233 --> 01:23:17,867
So as you can see here, this kind of hatched area is the,

1632
01:23:18,033 --> 01:23:21,133
the amount of encroachment into the setback

1633
01:23:22,333 --> 01:23:24,000
and it relates it to the property line.

1634
01:23:24,000 --> 01:23:26,367
So again, this dash line is the property line

1635
01:23:26,734 --> 01:23:29,767
and this dash line, I'm sorry, here

1636
01:23:30,734 --> 01:23:31,934
is the setback line

1637
01:23:33,033 --> 01:23:34,100
- And the vast majority of

1638
01:23:34,100 --> 01:23:36,867
that is solely underground, correct? Exactly. Okay.

1639
01:23:37,166 --> 01:23:40,467
- Except for the one portion where it kind of green.

1640
01:23:40,900 --> 01:23:44,767
- Yep. Well it would be that it'd be in the notch

1641
01:23:47,266 --> 01:23:49,000
by the corner where it reflects there, right.

1642
01:23:49,300 --> 01:23:51,066
I believe applicant's presentation might show that

1643
01:23:56,367 --> 01:24:00,066
- The next deviation is height, 48 foot is

1644
01:24:00,700 --> 01:24:03,033
prescribed in the high density multiple family,

1645
01:24:04,033 --> 01:24:06,367
69.8 foot is proposed.

1646
01:24:07,567 --> 01:24:09,533
And the proposed building height, this is kind of

1647
01:24:09,533 --> 01:24:13,000
where we go back to reference the Vail village master plan

1648
01:24:13,567 --> 01:24:18,000
and the subject areas within this circle, which here is

1649
01:24:18,000 --> 01:24:19,767
to noted as is four,

1650
01:24:19,834 --> 01:24:22,000
and that means four stories above grade.

1651
01:24:22,567 --> 01:24:25,934
However, the adjacent sites are noted as the five to six,

1652
01:24:27,000 --> 01:24:28,934
five to six, six to six.

1653
01:24:29,700 --> 01:24:32,767
And this is typical, it's actually noted

1654
01:24:33,667 --> 01:24:35,834
in the next slide here about building height.

1655
01:24:35,834 --> 01:24:38,533
And the goal is to maintain the concentration

1656
01:24:38,533 --> 01:24:41,033
of the low scale buildings in the core area.

1657
01:24:41,300 --> 01:24:44,333
We're positioning the larger buildings along the northern

1658
01:24:44,433 --> 01:24:48,367
periphery, so along the frontage road as depicted here in,

1659
01:24:48,433 --> 01:24:50,767
in these diagrams within the master plan.

1660
01:24:51,000 --> 01:24:54,867
And this area right here that I'm highlighting with the,

1661
01:24:55,166 --> 01:24:59,100
the arrow is actually the area of, this is the ren

1662
01:24:59,900 --> 01:25:03,767
described here, this is Apollo Park described here.

1663
01:25:04,233 --> 01:25:08,233
And then there was a, a viewing corridor down, which would,

1664
01:25:08,300 --> 01:25:10,000
I believe would be blue cow chute.

1665
01:25:10,433 --> 01:25:13,634
And then we've got the public facility parking structure

1666
01:25:13,634 --> 01:25:14,867
which provides views.

1667
01:25:15,667 --> 01:25:17,100
So there is a consistency.

1668
01:25:17,100 --> 01:25:19,066
And then to the west of that, again,

1669
01:25:19,066 --> 01:25:21,066
the building height increases, so kind

1670
01:25:21,066 --> 01:25:23,100
of frames the core area.

1671
01:25:24,066 --> 01:25:27,533
This is one of the eastern most portions of the,

1672
01:25:27,867 --> 01:25:29,066
the core, the village core.

1673
01:25:29,867 --> 01:25:33,233
So that pattern has already been established along this,

1674
01:25:34,000 --> 01:25:36,634
not only with the adjacent structure of Altus

1675
01:25:37,133 --> 01:25:40,367
but other structures further west down the frontage road.

1676
01:25:44,467 --> 01:25:48,000
And this is just a quick diagram showing, again,

1677
01:25:49,533 --> 01:25:51,533
kind of a a three dimensional view of,

1678
01:25:51,667 --> 01:25:56,000
of the proposed development with respect of Altus

1679
01:25:56,667 --> 01:25:58,000
immediately to the west

1680
01:25:58,100 --> 01:26:02,266
and then as it steps down towards Gore Creek to the south,

1681
01:26:02,266 --> 01:26:04,233
to the existing Apollo Park buildings.

1682
01:26:05,100 --> 01:26:07,100
And this shows here that this is,

1683
01:26:07,000 --> 01:26:11,333
the building height is still lower than the height

1684
01:26:11,367 --> 01:26:14,100
of Altus reaching that 69.8

1685
01:26:14,100 --> 01:26:17,100
and that's only really at the center

1686
01:26:17,100 --> 01:26:19,100
portion of the building.

1687
01:26:20,100 --> 01:26:24,500
So that stepping effect is also prescribed in, in the,

1688
01:26:24,667 --> 01:26:28,367
the village master plan as kind of allowing the views to be,

1689
01:26:28,834 --> 01:26:31,467
to be had of not only the creek but up to the mountain.

1690
01:26:32,000 --> 01:26:33,567
So the larger buildings,

1691
01:26:33,634 --> 01:26:37,467
again at the frontage road stepping down to Creekside.

1692
01:26:42,433 --> 01:26:46,000
So the other deviations are related to density and GFA

1693
01:26:46,066 --> 01:26:47,567
and those kind of go hand in hand.

1694
01:26:48,133 --> 01:26:51,533
31 units are allowed per code.

1695
01:26:52,100 --> 01:26:54,066
57 units are proposed.

1696
01:26:55,133 --> 01:27:00,100
So it's GFA is 40,434 square feet allowed

1697
01:27:00,100 --> 01:27:04,066
and 66,057 square feet proposed.

1698
01:27:05,634 --> 01:27:10,100
Currently there is an existing, you know, there's more,

1699
01:27:10,100 --> 01:27:11,634
there's more, it exceeds the maximum

1700
01:27:12,100 --> 01:27:14,133
dwelling unit density on site.

1701
01:27:14,700 --> 01:27:18,767
I believe it's 41 units. So it currently exceeds that.

1702
01:27:18,867 --> 01:27:21,000
So any development, anything that would happen

1703
01:27:21,500 --> 01:27:26,133
on this site would already require a variance for density.

1704
01:27:27,634 --> 01:27:29,867
Similarly, I just wanted to kind of, you know,

1705
01:27:30,500 --> 01:27:33,033
draw some similarities between Altus and, and Mountain View.

1706
01:27:34,300 --> 01:27:38,100
That lot has 53 units where 28 were permitted

1707
01:27:38,166 --> 01:27:40,367
by high density multiple family.

1708
01:27:44,634 --> 01:27:48,000
So it does speak a lot about having a higher density in

1709
01:27:48,000 --> 01:27:53,000
these areas, particularly when the vehicle

1710
01:27:53,567 --> 01:27:55,233
parking structures are enclosed.

1711
01:27:56,033 --> 01:28:00,266
It does provide areas where it minimizes that

1712
01:28:00,266 --> 01:28:04,367
that viewing it really, you know, it's unique that it's off

1713
01:28:04,367 --> 01:28:06,266
of the frontage road so there's not a lot

1714
01:28:06,266 --> 01:28:09,266
of vehicular traffic that impacts other areas of the village

1715
01:28:10,100 --> 01:28:13,700
and it does actually call out for a park parking lot infill

1716
01:28:14,266 --> 01:28:17,333
and residential infill over existing surface parking is

1717
01:28:17,333 --> 01:28:19,133
really called for in the master plan.

1718
01:28:19,767 --> 01:28:22,333
The height of the building should not impede

1719
01:28:22,367 --> 01:28:24,000
view corridors from the frontage road.

1720
01:28:24,634 --> 01:28:28,000
That's not an issue in this part of the, of the village.

1721
01:28:28,000 --> 01:28:31,000
As I mentioned in that diagram, that was before four.

1722
01:28:33,066 --> 01:28:34,900
So just to look at our zoning standards

1723
01:28:34,934 --> 01:28:36,100
and what was being met

1724
01:28:36,100 --> 01:28:37,834
and what the deviations are requested.

1725
01:28:39,133 --> 01:28:42,900
Site area complies, setbacks, height, density,

1726
01:28:43,266 --> 01:28:47,433
GFA are the four deviations for this

1727
01:28:48,133 --> 01:28:52,333
site coverage, it does comply, landscaping complies as well

1728
01:28:52,567 --> 01:28:56,900
and then parking, they have everything is is a hundred

1729
01:28:56,900 --> 01:28:58,133
percent within the building

1730
01:29:00,500 --> 01:29:02,634
Housing we will get to in just a moment.

1731
01:29:02,934 --> 01:29:05,500
But I just wanted to to show what is currently being

1732
01:29:06,467 --> 01:29:09,500
proposed here of the eight EHU units on site

1733
01:29:09,500 --> 01:29:11,467
and how they're represented on this diagram.

1734
01:29:15,834 --> 01:29:19,100
But to quickly review the, the review criteria

1735
01:29:19,000 --> 01:29:22,233
for special development districts, one is compatibility,

1736
01:29:22,467 --> 01:29:25,934
so compatibility sensitivity to immediate environment.

1737
01:29:26,066 --> 01:29:29,867
So architectural design scale, bulk height,

1738
01:29:30,867 --> 01:29:33,000
character orientation, all of those things.

1739
01:29:33,900 --> 01:29:36,066
It is compatible with those properties.

1740
01:29:37,100 --> 01:29:40,133
It does mitigate the visual impact of the height

1741
01:29:40,166 --> 01:29:42,634
by having the highest point of the building kind of within

1742
01:29:42,667 --> 01:29:44,266
that center of that massing

1743
01:29:45,033 --> 01:29:48,100
and the, the massing hass been designed so

1744
01:29:48,100 --> 01:29:50,567
that it does provide a slight step back.

1745
01:29:50,634 --> 01:29:52,333
So in that stepping back of massing

1746
01:29:53,100 --> 01:29:55,367
again spelled out in the Vail village master plan,

1747
01:29:57,066 --> 01:29:59,033
I'll really relationship the uses activity

1748
01:29:59,033 --> 01:30:02,133
and density which provide a compatible, efficient

1749
01:30:02,133 --> 01:30:03,500
and workable relationship

1750
01:30:03,533 --> 01:30:05,333
with the surrounding uses and activity.

1751
01:30:06,133 --> 01:30:09,066
It is consistent, that area is very consistent

1752
01:30:09,700 --> 01:30:13,033
of residential uses, multiple family residential uses.

1753
01:30:14,033 --> 01:30:17,000
They are all high density multiple families, zone district

1754
01:30:18,000 --> 01:30:20,066
beyond their special development district.

1755
01:30:20,100 --> 01:30:24,133
In the case of the properties next door, it does identify

1756
01:30:25,100 --> 01:30:27,567
this area is suitable for residential infill

1757
01:30:28,266 --> 01:30:31,700
and it does satisfy the intent of this zone district.

1758
01:30:34,066 --> 01:30:36,066
And then parking and loading a total

1759
01:30:36,100 --> 01:30:38,233
of 75 vehicle parking spaces is

1760
01:30:38,500 --> 01:30:41,033
provided within the fully enclosed parking garage

1761
01:30:41,367 --> 01:30:43,467
and three surface spaces are proposed.

1762
01:30:44,133 --> 01:30:48,000
This is for this particular development and then trash

1763
01:30:48,033 --> 01:30:50,367
and recycling program is at the

1764
01:30:50,367 --> 01:30:52,033
north entrance of the garage.

1765
01:30:52,667 --> 01:30:55,700
It doesn't require the trash truck to like back up

1766
01:30:55,834 --> 01:30:57,033
or turn around.

1767
01:30:57,266 --> 01:30:59,500
And so it's kind of a drive through sort

1768
01:30:59,500 --> 01:31:02,033
of trash access drive.

1769
01:31:02,867 --> 01:31:05,634
So it, it has been reviewed by our public works department

1770
01:31:05,834 --> 01:31:08,734
and has been approved by them as well.

1771
01:31:10,934 --> 01:31:14,100
The other, the next three comprehensive plan,

1772
01:31:14,266 --> 01:31:16,100
natural geologic hazard

1773
01:31:16,333 --> 01:31:19,734
and design features staff feels that those are all met.

1774
01:31:20,567 --> 01:31:24,033
They are actually offering a public benefit

1775
01:31:24,700 --> 01:31:26,700
contribution towards the restoration

1776
01:31:26,700 --> 01:31:28,767
of Gord Creek Stream tracked.

1777
01:31:28,767 --> 01:31:31,367
While public benefits are not in your purview,

1778
01:31:31,500 --> 01:31:34,033
it is something that will be in the Town Council.

1779
01:31:34,266 --> 01:31:38,133
So just I wanted to kind of add that as a supplemental to

1780
01:31:39,133 --> 01:31:40,467
this review criteria.

1781
01:31:41,100 --> 01:31:44,567
And then traffic is the circulation system designed

1782
01:31:44,567 --> 01:31:46,233
for both vehicles and pedestrians.

1783
01:31:47,367 --> 01:31:50,333
We, I discussed this earlier in my presentation,

1784
01:31:51,000 --> 01:31:55,233
but the proposed emergency fire, fire vehicle access, I mean

1785
01:31:55,233 --> 01:31:58,066
that was a critical one to make sure we got this right

1786
01:31:58,900 --> 01:32:00,100
and like I said before,

1787
01:32:00,133 --> 01:32:02,100
the fire department has reviewed this

1788
01:32:02,734 --> 01:32:06,467
and feels confident that it does work on this property.

1789
01:32:08,066 --> 01:32:11,700
The, the network of the pedestrian sidewalks, the pathways,

1790
01:32:12,133 --> 01:32:14,634
you know providing safe access from the frontage road

1791
01:32:14,634 --> 01:32:17,934
to the creek is also a very

1792
01:32:18,500 --> 01:32:20,100
positive aspect to this project.

1793
01:32:22,133 --> 01:32:24,133
And then landscaping, it does comply

1794
01:32:24,133 --> 01:32:26,767
with the landscape requirements of this zone district.

1795
01:32:27,433 --> 01:32:30,467
And on the, I speak of the eastern property line,

1796
01:32:30,767 --> 01:32:34,467
there is a slight, a small landscape buffer of a row

1797
01:32:34,467 --> 01:32:36,467
of trees planted that will

1798
01:32:37,367 --> 01:32:40,000
enhance the natural aspect as well

1799
01:32:40,000 --> 01:32:43,100
as maybe provide a visual buffer between that property

1800
01:32:43,133 --> 01:32:48,066
and the rent And also additional landscaping has been,

1801
01:32:48,066 --> 01:32:51,100
and screening has been incorporated into the outdoor

1802
01:32:51,100 --> 01:32:54,033
swimming pool to sort of give a sense

1803
01:32:54,033 --> 01:32:55,367
of privacy to that as well.

1804
01:32:57,166 --> 01:33:01,033
Excuse me. On the western property line there's a mix of

1805
01:33:01,033 --> 01:33:05,133
of landscaping that have been reviewed by our wild and fire

1806
01:33:06,066 --> 01:33:09,033
and that has met all of the fire mitigation requirements

1807
01:33:09,100 --> 01:33:12,767
as well, as well as contributing to that pedestrian walkway

1808
01:33:12,867 --> 01:33:14,300
to really soften the feel of that.

1809
01:33:16,467 --> 01:33:18,100
And just wanted to give a quick overview

1810
01:33:18,100 --> 01:33:19,266
of the landscape plan.

1811
01:33:19,300 --> 01:33:21,500
Again the row of trees kind of lining

1812
01:33:21,533 --> 01:33:25,033
that property line separating, giving a little visual buffer

1813
01:33:25,100 --> 01:33:26,634
between the run

1814
01:33:26,867 --> 01:33:31,066
and the property here fully, you know, knowing

1815
01:33:31,066 --> 01:33:33,066
that there are residential units

1816
01:33:33,133 --> 01:33:35,000
above whose balconies look out.

1817
01:33:35,100 --> 01:33:36,133
So to give a sense

1818
01:33:36,133 --> 01:33:39,734
of separation privacy is is always a, a nice feature.

1819
01:33:40,033 --> 01:33:42,934
And then as well as having some landscape buffer

1820
01:33:43,433 --> 01:33:46,000
along the edge of the building between the building

1821
01:33:46,100 --> 01:33:47,567
and this pedestrian walkway

1822
01:33:47,567 --> 01:33:51,700
that leads back down from the frontage road all the way back

1823
01:33:51,700 --> 01:33:52,100
to the creek

1824
01:33:56,000 --> 01:33:57,000
and then the workable plan.

1825
01:33:57,100 --> 01:34:01,066
So they're required to submit a condominium map,

1826
01:34:01,033 --> 01:34:04,634
a subdivision of the site, which will establish a new

1827
01:34:05,567 --> 01:34:06,767
for all the new improvements.

1828
01:34:06,867 --> 01:34:08,300
It'll establish a new condo map

1829
01:34:09,000 --> 01:34:13,467
and it will be Apollo Park buildings will be maintained

1830
01:34:13,467 --> 01:34:15,934
and accessible during construction

1831
01:34:15,934 --> 01:34:18,266
and we will be asking for a construction management plan

1832
01:34:18,433 --> 01:34:21,133
along with the building permit to review.

1833
01:34:24,233 --> 01:34:27,734
So with that said, the community development department does

1834
01:34:28,066 --> 01:34:29,333
recommend approval with conditions

1835
01:34:29,367 --> 01:34:31,066
and those are noted in the staff memo

1836
01:34:31,734 --> 01:34:34,533
and I'm happy to stop here, answer some questions

1837
01:34:34,900 --> 01:34:37,266
or we can keep going and hand it off to housing.

1838
01:34:37,634 --> 01:34:39,634
So it's up to you.

1839
01:34:41,000 --> 01:34:42,100
- I'd say we open up to housing

1840
01:34:42,100 --> 01:34:43,634
and then we come back with questions.

1841
01:34:43,634 --> 01:34:47,100
Okay. If commissioners are on board with that? Yep. Okay.

1842
01:34:47,166 --> 01:34:48,166
Okay,

1843
01:34:57,767 --> 01:34:58,767
- Thank you.

1844
01:34:59,367 --> 01:35:02,266
Hi everyone for the record, my name is Anna Bankson.

1845
01:35:02,500 --> 01:35:06,000
I am the housing development specialist with the Town

1846
01:35:06,000 --> 01:35:09,033
of Vail and I know it might be a bit irregular for me

1847
01:35:09,033 --> 01:35:11,834
to be up here during staff presentation, but Heather

1848
01:35:11,834 --> 01:35:15,500
and I felt like it was important for us

1849
01:35:15,634 --> 01:35:17,834
to specifically call out the community housing plan,

1850
01:35:18,000 --> 01:35:20,634
analyze it on its own and for me to speak to it directly.

1851
01:35:20,867 --> 01:35:24,700
So I'm here to dig into the housing plan for this project

1852
01:35:25,333 --> 01:35:28,767
a little bit deeper and I'll try to keep it short

1853
01:35:28,767 --> 01:35:31,100
and sweet, talk about the submitted plan,

1854
01:35:32,233 --> 01:35:36,367
a staff alternative and then go over staff recommendations.

1855
01:35:37,100 --> 01:35:38,100
Before I go in though,

1856
01:35:38,133 --> 01:35:40,100
I'll give two kind of upfront comments.

1857
01:35:41,734 --> 01:35:45,934
Both of the plans that I am going to run through today

1858
01:35:46,500 --> 01:35:50,000
are based off of the basically underlying commitment

1859
01:35:50,000 --> 01:35:51,700
that the applicant has made to trying to go

1860
01:35:52,867 --> 01:35:56,100
beyond the 10% baseline employee housing mitigation

1861
01:35:56,100 --> 01:36:00,066
requirement and to provide 17.5% mitigation overall.

1862
01:36:00,100 --> 01:36:02,000
So that's kinda the standard baseline.

1863
01:36:02,000 --> 01:36:05,934
And then secondarily the things that I refer to as

1864
01:36:06,533 --> 01:36:07,867
housing fee in lieu

1865
01:36:07,867 --> 01:36:09,133
or housing fund contribution,

1866
01:36:09,133 --> 01:36:11,100
those calculations are all based off

1867
01:36:11,066 --> 01:36:14,133
of the current inclusionary zoning housing fee

1868
01:36:14,133 --> 01:36:18,734
and lie rate of $675 and 76 cents per square foot.

1869
01:36:21,634 --> 01:36:23,634
I'm not usually in this position so can you

1870
01:36:23,634 --> 01:36:25,100
- State the mitigation rate one

1871
01:36:25,100 --> 01:36:26,033
more time please? The dollar amount? Yes.

1872
01:36:26,333 --> 01:36:29,533
- $675 and 76 cents. Thank you.

1873
01:36:33,000 --> 01:36:34,266
Perfect. Okay,

1874
01:36:35,100 --> 01:36:38,233
so this is the submitted plan

1875
01:36:39,133 --> 01:36:43,767
based under the current project there is a net new GRFA

1876
01:36:43,867 --> 01:36:46,533
of 38,159 square feet,

1877
01:36:46,533 --> 01:36:50,066
which puts the baseline 10% employee housing mitigation

1878
01:36:50,066 --> 01:36:53,734
requirement at a little over 3,800 square feet.

1879
01:36:55,033 --> 01:36:58,333
The current proposal, as Heather pointed out,

1880
01:36:59,266 --> 01:37:03,133
includes eight onsite one bedroom employee housing units

1881
01:37:03,433 --> 01:37:06,233
plus a roughly

1882
01:37:06,367 --> 01:37:09,734
$425,000 housing

1883
01:37:10,066 --> 01:37:11,367
fund contribution.

1884
01:37:11,567 --> 01:37:13,300
So that means that

1885
01:37:14,500 --> 01:37:17,000
the applicant meets the full inclusionary zoning,

1886
01:37:18,433 --> 01:37:20,533
10% baseline requirement on site

1887
01:37:20,734 --> 01:37:23,700
with a voluntary additional onsite square footage

1888
01:37:24,000 --> 01:37:28,500
and dollars to meet that 17.5% commitment

1889
01:37:28,500 --> 01:37:30,333
that they're trying to, trying to show.

1890
01:37:32,133 --> 01:37:35,033
I don't have much more to say about this other than all in

1891
01:37:35,033 --> 01:37:36,500
all it is a good plan.

1892
01:37:36,567 --> 01:37:40,066
It fully satisfies inclusionary zoning code

1893
01:37:40,033 --> 01:37:42,333
and demonstrates that they're going above and beyond.

1894
01:37:46,634 --> 01:37:51,033
That being said, the there is an alternative

1895
01:37:51,066 --> 01:37:54,000
that from the housing department perspective,

1896
01:37:55,166 --> 01:37:57,367
not just slices the pie differently

1897
01:37:57,834 --> 01:38:01,100
but actually expands the pie in terms of impact

1898
01:38:01,166 --> 01:38:02,233
for community housing.

1899
01:38:03,266 --> 01:38:04,367
And I will couch this

1900
01:38:04,367 --> 01:38:07,367
before I dive into things that we don't have

1901
01:38:08,100 --> 01:38:10,100
official drawings, but I try to visually represent this

1902
01:38:10,133 --> 01:38:14,734
for you in my arts and crafts, PDF fun.

1903
01:38:15,066 --> 01:38:17,333
So to give you a little bit of a reference

1904
01:38:18,000 --> 01:38:22,033
and so this plan is based on a

1905
01:38:23,000 --> 01:38:24,066
reduction of onsite units,

1906
01:38:24,300 --> 01:38:27,634
which overall increases the project's net new GRFA

1907
01:38:27,634 --> 01:38:32,367
to roughly 40,955 square feet and

1908
01:38:32,367 --> 01:38:35,033
therefore increases the 10%

1909
01:38:35,467 --> 01:38:38,033
baseline employee housing mitigation requirement

1910
01:38:38,000 --> 01:38:40,700
to 4,096 square feet.

1911
01:38:41,433 --> 01:38:44,634
So under the plan, which has been discussed

1912
01:38:44,734 --> 01:38:48,300
with the applicant, this would provide five deed restricted

1913
01:38:48,300 --> 01:38:51,767
units on site, which is 79% of

1914
01:38:51,767 --> 01:38:55,100
that 10% baseline employee housing mitigation.

1915
01:38:56,000 --> 01:39:00,700
And then would meet the remaining

1916
01:39:00,700 --> 01:39:05,333
21% of that 10% baseline employee housing unit mitigation

1917
01:39:06,100 --> 01:39:08,934
through a fee in lieu that is

1918
01:39:10,066 --> 01:39:14,700
$569,000 $665.

1919
01:39:16,433 --> 01:39:19,033
Then as a voluntary contribution

1920
01:39:19,000 --> 01:39:23,300
to bring the overall plan up to that 17.5%

1921
01:39:24,233 --> 01:39:27,233
commitment, there would be an additional housing fund

1922
01:39:27,700 --> 01:39:31,367
contribution of just over $2 million.

1923
01:39:32,266 --> 01:39:35,934
So looking at this option,

1924
01:39:36,667 --> 01:39:39,000
staff believes this satisfies

1925
01:39:40,233 --> 01:39:43,133
12 24 6

1926
01:39:45,634 --> 01:39:49,000
A 1D in full and better achieves the projects

1927
01:39:49,000 --> 01:39:51,100
and VA's workforce housing goals through a mix

1928
01:39:51,133 --> 01:39:53,066
of onsite units fee and lie payment

1929
01:39:53,266 --> 01:39:55,000
and housing fund contribution.

1930
01:40:04,900 --> 01:40:08,300
I had a third, a fourth slide to this. There we go.

1931
01:40:11,300 --> 01:40:15,066
So this just presents both options to you

1932
01:40:15,266 --> 01:40:18,000
and a side by side format so that you can look at them

1933
01:40:18,367 --> 01:40:21,667
directly together and kind of their basic components.

1934
01:40:25,100 --> 01:40:29,033
The bottom line for us from the housing perspective is that

1935
01:40:30,000 --> 01:40:32,900
there are two good options that comply with code

1936
01:40:32,934 --> 01:40:36,634
and the difference for us is impact.

1937
01:40:37,033 --> 01:40:40,233
So from the housing perspective, we recommend option two

1938
01:40:40,934 --> 01:40:44,734
because it maintains, eh, U'S employee housing units

1939
01:40:45,333 --> 01:40:48,934
on site but provides an additional meaningful

1940
01:40:49,667 --> 01:40:50,900
financial contribution

1941
01:40:51,133 --> 01:40:53,734
that could be immediately applicable towards some

1942
01:40:53,734 --> 01:40:56,367
of our out other community housing efforts, specifically

1943
01:40:57,100 --> 01:40:59,300
initiatives at the CDOT eastvale property.

1944
01:41:00,367 --> 01:41:03,867
So it puts the mitigation to dollars associated

1945
01:41:03,867 --> 01:41:05,567
with this project to work at scale.

1946
01:41:06,467 --> 01:41:09,533
So our recommendation would be to approve the project

1947
01:41:10,033 --> 01:41:12,500
with option two for community housing

1948
01:41:13,100 --> 01:41:15,300
with the proposed conditions of approval that were

1949
01:41:15,533 --> 01:41:17,100
provided in the housing staff memo.

1950
01:41:20,000 --> 01:41:22,467
- I have a question about the, the graphic.

1951
01:41:22,533 --> 01:41:26,000
We're looking at the option two that that

1952
01:41:26,934 --> 01:41:29,834
is being discussed when it says onsite homes,

1953
01:41:30,000 --> 01:41:34,700
the second line down five eh u under option two

1954
01:41:35,000 --> 01:41:37,133
aren't three remaining on site?

1955
01:41:38,033 --> 01:41:40,634
- No, five would be remaining on site. So five

1956
01:41:40,634 --> 01:41:41,634
- Would be - Remaining?

1957
01:41:41,634 --> 01:41:43,834
Yes. So the five that are still in pink enlist

1958
01:41:44,166 --> 01:41:45,734
as EHU four through eight.

1959
01:41:46,066 --> 01:41:48,066
Okay. Are the remaining on site

1960
01:41:48,000 --> 01:41:53,100
and the three that would be flipped over into market

1961
01:41:53,133 --> 01:41:55,100
rate housing are in what's now the orange

1962
01:41:55,166 --> 01:41:56,166
- Polygon.

1963
01:41:56,166 --> 01:41:57,333
Okay. Thank you for clarifying. Yep.

1964
01:41:57,433 --> 01:42:02,266
- For me. - So I'd say

1965
01:42:02,266 --> 01:42:05,100
what we have in here, maybe we focus on housing questions.

1966
01:42:05,934 --> 01:42:08,133
Let me go back to questions for, for Heather on more

1967
01:42:09,000 --> 01:42:10,467
general related staff questions.

1968
01:42:12,033 --> 01:42:16,634
- I'm, I'm kind of always interested in why one bedrooms

1969
01:42:16,667 --> 01:42:17,834
and not two bedrooms.

1970
01:42:20,500 --> 01:42:22,500
- I think, well speaking beyond

1971
01:42:22,500 --> 01:42:25,033
what the applicant's perspective might be,

1972
01:42:25,433 --> 01:42:28,567
what we have seen recently in terms of things

1973
01:42:28,567 --> 01:42:30,066
that businesses have purchased

1974
01:42:30,066 --> 01:42:33,066
and individuals have purchased, one bedrooms have been very

1975
01:42:34,033 --> 01:42:36,867
marketable for employee housing units. Okay,

1976
01:42:36,867 --> 01:42:37,867
- Thank you.

1977
01:42:38,700 --> 01:42:41,333
- And so that the, the remaining portion that's getting

1978
01:42:41,433 --> 01:42:44,100
to the seven and a half in option two, the the

1979
01:42:45,467 --> 01:42:49,000
2.075 Yeah that's kind of being,

1980
01:42:49,000 --> 01:42:50,500
that's being contributed at a rate

1981
01:42:50,500 --> 01:42:52,734
of 6 75 a square foot, right?

1982
01:42:53,100 --> 01:42:56,734
Yes. And that's higher than our code mitigation rate, right?

1983
01:42:56,834 --> 01:42:58,033
For fee and lie, is that correct or no?

1984
01:42:58,467 --> 01:42:59,934
That's the, that that's currently our code's.

1985
01:42:59,934 --> 01:43:02,700
The updated one, yes. Okay, got it. Thank you. Yep.

1986
01:43:03,834 --> 01:43:06,266
- So that was passed by resolution in, in 2025

1987
01:43:06,266 --> 01:43:08,133
and I, I will note that those fee

1988
01:43:08,133 --> 01:43:11,567
and lie rates can get updated year over year.

1989
01:43:11,734 --> 01:43:13,700
So they are, they are subject to change in the future

1990
01:43:13,734 --> 01:43:15,000
but that 6 75 rate is

1991
01:43:15,000 --> 01:43:16,533
what is currently established by town code.

1992
01:43:17,033 --> 01:43:20,934
- Would this, when does this lock in per se

1993
01:43:21,066 --> 01:43:22,934
with the housing department, you know,

1994
01:43:22,934 --> 01:43:26,066
does it lock in when they pay the fee if you increase your

1995
01:43:26,066 --> 01:43:28,634
mitigation rate or is it subject to the increase?

1996
01:43:28,734 --> 01:43:30,100
Do you know how that works from this end?

1997
01:43:31,266 --> 01:43:33,266
- I, I believe it locks in when they pay the fee.

1998
01:43:33,333 --> 01:43:35,133
So it is the, the fee at the time

1999
01:43:35,834 --> 01:43:37,100
that they're coming in with the payment.

2000
01:43:37,433 --> 01:43:40,233
Okay. And sorry, I'm looking

2001
01:43:40,233 --> 01:43:42,333
to other housing department folks just in case

2002
01:43:43,066 --> 01:43:46,066
I am misrepresenting something but I see nods.

2003
01:43:46,433 --> 01:43:50,767
- Okay, - Heather, same subject

2004
01:43:51,000 --> 01:43:53,634
but question in regard to the conditions that were drafted

2005
01:43:53,634 --> 01:43:55,533
by staff in regard to to

2006
01:43:56,500 --> 01:44:00,066
or that would be associated with approval if it went forward

2007
01:44:00,667 --> 01:44:05,266
Condition 13 prior to the issuance of the first certificate

2008
01:44:05,266 --> 01:44:06,467
of occupancy for the project,

2009
01:44:06,834 --> 01:44:08,934
the applicant shall record deed restrictions

2010
01:44:08,934 --> 01:44:10,033
with the Eagle County clerk

2011
01:44:10,033 --> 01:44:13,033
and recorder in a format approved by the town for each

2012
01:44:13,033 --> 01:44:14,533
of the eight onsite employee housing

2013
01:44:14,533 --> 01:44:16,066
units, so on and so forth.

2014
01:44:17,033 --> 01:44:18,100
Here we're talking about

2015
01:44:19,333 --> 01:44:22,133
or something potentially different

2016
01:44:22,133 --> 01:44:26,700
and I think that the app, the applicant's okay

2017
01:44:26,700 --> 01:44:30,033
with the proposal staff is okay with the proposal.

2018
01:44:30,900 --> 01:44:33,066
How's that gonna impact conditions and,

2019
01:44:33,266 --> 01:44:36,133
and any ion potential conditions for approval.

2020
01:44:36,133 --> 01:44:41,000
Number one, I think that your 13 is now down to

2021
01:44:42,033 --> 01:44:44,700
five, I mean, sorry your eight is down to five

2022
01:44:45,934 --> 01:44:47,033
and that thing.

2023
01:44:47,133 --> 01:44:51,300
But then what other conditions would we have to approve

2024
01:44:51,634 --> 01:44:54,066
to make sure that the intent

2025
01:44:54,066 --> 01:44:56,700
of the parties are would be effectuated?

2026
01:44:57,834 --> 01:44:59,767
- We definitely would have to switch out

2027
01:45:00,166 --> 01:45:05,100
condition number three, which is actually speaks to the

2028
01:45:06,100 --> 01:45:09,233
contribution that is in the current plan based off of the,

2029
01:45:09,667 --> 01:45:11,834
the current submitted proposal.

2030
01:45:12,900 --> 01:45:16,567
It would also, just reading down here real quick,

2031
01:45:17,367 --> 01:45:21,767
it would be, it would change number 13

2032
01:45:21,867 --> 01:45:25,300
as you noted because it does speak

2033
01:45:25,333 --> 01:45:27,834
to the eight onsite employee housing units.

2034
01:45:28,166 --> 01:45:30,567
So that would change the wording would need

2035
01:45:30,567 --> 01:45:32,300
to change on that one.

2036
01:45:33,734 --> 01:45:38,000
And then I believe, I think it,

2037
01:45:38,033 --> 01:45:39,567
there were only two that was it.

2038
01:45:39,900 --> 01:45:44,100
- So yeah, in that three would be really just changing if a

2039
01:45:44,100 --> 01:45:47,066
motion was to be made with this option number three

2040
01:45:47,700 --> 01:45:51,934
three condition two would involve changing that number

2041
01:45:52,634 --> 01:45:56,567
from 4 25 as listed up here

2042
01:45:57,033 --> 01:46:01,000
to a housing contribution paid number of 2 6 6 4 or

2043
01:46:01,433 --> 01:46:03,100
- Right and that is the Language.

2044
01:46:03,433 --> 01:46:06,367
Yeah, the language is actually noted on page three

2045
01:46:06,467 --> 01:46:08,100
of the housing memo that was attached.

2046
01:46:08,133 --> 01:46:12,066
Okay. There are conditions of approval that were reviewed by

2047
01:46:12,700 --> 01:46:16,233
planning staff and, and housing staff as well.

2048
01:46:16,266 --> 01:46:19,100
So Okay. Those are the approved alternate

2049
01:46:19,100 --> 01:46:20,934
conditions to replace those.

2050
01:46:21,100 --> 01:46:24,367
And I think the only note that I would make on top of

2051
01:46:24,367 --> 01:46:28,233
that is that the first two in the housing staff memo were

2052
01:46:28,467 --> 01:46:31,500
intended to directly replace those two

2053
01:46:31,500 --> 01:46:34,266
that Heather just called out in the planning staff memo.

2054
01:46:34,700 --> 01:46:37,033
And then there are two additional to kind

2055
01:46:37,033 --> 01:46:40,834
of capture the full picture of option two.

2056
01:46:41,133 --> 01:46:42,266
- Okay, thank you.

2057
01:46:45,700 --> 01:46:47,834
- So Anna, thank you for making this presentation.

2058
01:46:47,834 --> 01:46:49,767
First off, you know, when we, we had talked about

2059
01:46:50,266 --> 01:46:54,533
alternative housing plans, I had stated that I wanted

2060
01:46:54,533 --> 01:46:56,100
to hear from housing departments supporting

2061
01:46:56,100 --> 01:46:57,000
it before I entertained it.

2062
01:46:57,000 --> 01:46:58,300
So it's important having you here.

2063
01:46:58,700 --> 01:47:01,100
So thank you for your time. And to be clear,

2064
01:47:01,166 --> 01:47:03,767
this is the option two is what you prefer

2065
01:47:04,133 --> 01:47:06,133
and what you think is more impactful in terms

2066
01:47:06,133 --> 01:47:08,100
of a housing plan for this project? Correct.

2067
01:47:08,567 --> 01:47:13,266
- Okay. - Do we know what happens with

2068
01:47:14,066 --> 01:47:15,467
the E-H-U-G-R-F-A

2069
01:47:15,867 --> 01:47:17,934
or is that just gonna be a question for the applicant?

2070
01:47:18,367 --> 01:47:22,066
It, so in terms of option one versus option two?

2071
01:47:22,100 --> 01:47:25,133
Yeah because it looks to me like option one is about

2072
01:47:26,367 --> 01:47:28,834
32,000 private GRFA

2073
01:47:29,133 --> 01:47:33,300
and option two was about 38,000 private GRFA.

2074
01:47:34,166 --> 01:47:36,000
So am I misunders, is that correct?

2075
01:47:36,033 --> 01:47:39,133
So it will, it will increase that deviation for the density

2076
01:47:39,500 --> 01:47:42,000
for GRFA slightly

2077
01:47:42,533 --> 01:47:44,367
- 'cause ees don't count towards GFA

2078
01:47:45,133 --> 01:47:48,100
and so if the three GFA convert to market rate,

2079
01:47:48,100 --> 01:47:49,934
they are then counted towards GFA.

2080
01:47:51,867 --> 01:47:54,567
- So the orange block, the, yeah, so the,

2081
01:47:56,233 --> 01:48:00,066
If you shift by eliminating those three EU

2082
01:48:00,066 --> 01:48:03,533
that are in the orange polygon, then the overall project

2083
01:48:04,500 --> 01:48:08,233
net new GRFA increases to 40,955.

2084
01:48:08,467 --> 01:48:12,734
The 10% mitigation rate goes up from that 3,800 to

2085
01:48:13,166 --> 01:48:15,333
now 4,096 square feet.

2086
01:48:16,166 --> 01:48:20,734
The onsite E-H-U-G-R-F-A for those five remains the same as

2087
01:48:20,734 --> 01:48:22,066
what you would see in the plan.

2088
01:48:22,133 --> 01:48:26,467
So that would, I think 3,253 square feet

2089
01:48:27,100 --> 01:48:30,300
and the, I think, sorry, I'm gonna zoom in.

2090
01:48:30,300 --> 01:48:33,000
Sorry, I feel like I'm, I'm confused by the answer

2091
01:48:33,734 --> 01:48:38,100
in option one, the private GRFA, which excludes ESU

2092
01:48:39,367 --> 01:48:41,834
is okay.

2093
01:48:41,834 --> 01:48:44,367
It only goes, so you're saying it only goes up by the 2000?

2094
01:48:44,700 --> 01:48:47,567
Yes, because that's, that's the only change at least that

2095
01:48:48,333 --> 01:48:49,934
we are looking at from the housing plan.

2096
01:48:49,934 --> 01:48:52,533
The huge GFA is excluded. Yes. Okay.

2097
01:48:55,333 --> 01:49:00,233
And then I think typically we're supposed to do fee in lieu

2098
01:49:00,233 --> 01:49:04,467
for like a, you know, a fractional 400 foot

2099
01:49:04,467 --> 01:49:07,133
or less Yeah, for a fractional remainder.

2100
01:49:07,433 --> 01:49:09,500
So we have analyzed this under

2101
01:49:10,166 --> 01:49:15,133
what would be again section 12 24 6 1 A 1D,

2102
01:49:15,767 --> 01:49:20,467
which allows the commission to provide

2103
01:49:20,467 --> 01:49:22,066
for exceptions where there's an option

2104
01:49:22,066 --> 01:49:24,233
that better achieves both the specific

2105
01:49:24,834 --> 01:49:29,066
and general goals of the, of inclusionary zoning.

2106
01:49:29,567 --> 01:49:30,533
And we believe that this is

2107
01:49:30,533 --> 01:49:32,000
code compliant underneath that exception

2108
01:49:36,500 --> 01:49:37,500
- Are further.

2109
01:49:37,500 --> 01:49:38,300
Questions for Anna?

2110
01:49:42,166 --> 01:49:44,066
- I'm not sure if this is a question that I,

2111
01:49:44,266 --> 01:49:46,834
this might be a question for both of you. Is

2112
01:49:46,834 --> 01:49:51,033
- The parking obligation the same for unrestricted GRFA

2113
01:49:51,033 --> 01:49:52,734
as it is for E-H-U-G-R-F-A?

2114
01:49:52,734 --> 01:49:55,033
Does this change the parking obligation on the total plan?

2115
01:49:55,667 --> 01:49:58,300
- It depends what they turn the units into.

2116
01:49:58,834 --> 01:50:02,100
The, the, I'm sorry, the EHU units

2117
01:50:02,233 --> 01:50:04,367
'cause they've already committed to one parking space

2118
01:50:04,734 --> 01:50:05,834
per EHU unit.

2119
01:50:06,467 --> 01:50:07,834
So if it changes

2120
01:50:08,100 --> 01:50:11,567
to another one bedroom unit that'll convert over.

2121
01:50:11,567 --> 01:50:14,634
However, if it changes into a larger, the conversion

2122
01:50:15,500 --> 01:50:16,834
will need to play itself out.

2123
01:50:17,100 --> 01:50:19,533
It's, I believe it will work itself out in terms

2124
01:50:19,533 --> 01:50:21,133
of square footage and

2125
01:50:21,133 --> 01:50:24,266
that's something the applicant can probably, they've looked at,

2126
01:50:24,433 --> 01:50:26,700
- So there were three in the orange spots,

2127
01:50:26,700 --> 01:50:29,000
so there were three parking spots allocated towards

2128
01:50:29,100 --> 01:50:30,233
that orange area.

2129
01:50:30,834 --> 01:50:33,734
So chances are if that unit requires three

2130
01:50:33,734 --> 01:50:35,033
or less, then it's okay. Yes.

2131
01:50:35,567 --> 01:50:39,266
- Okay. - Which based on that square footage

2132
01:50:39,266 --> 01:50:43,266
that they're replacing, it should theoretically work.

2133
01:50:44,100 --> 01:50:46,567
They've got the real answer mapped out.

2134
01:50:50,567 --> 01:50:54,033
- Anything further for Anna? Thank you Anna.

2135
01:50:55,066 --> 01:50:57,634
- Thanks - Anna. I'll be in the room until 3 45. Okay.

2136
01:51:01,300 --> 01:51:03,467
- Questions for Heather on the plan on the presentation.

2137
01:51:09,000 --> 01:51:10,100
So Heather, has,

2138
01:51:10,000 --> 01:51:12,467
has anything changed substantially from the last working

2139
01:51:12,467 --> 01:51:15,000
session that we had on this building to

2140
01:51:15,000 --> 01:51:16,033
where we sit now? No,

2141
01:51:16,033 --> 01:51:19,333
- The plans have not been updated since June 10th.

2142
01:51:20,000 --> 01:51:23,000
I think the last work session was in late May.

2143
01:51:23,934 --> 01:51:25,700
So some negligible changes to that.

2144
01:51:25,934 --> 01:51:28,300
The applicant can address that more specifically,

2145
01:51:29,133 --> 01:51:33,333
but staff has not seen any noticeable changes to that.

2146
01:51:34,000 --> 01:51:38,300
- Okay. Anything else for staff?

2147
01:51:40,734 --> 01:51:42,867
Hearing none, we'll turn it over to the applicant.

2148
01:51:43,100 --> 01:51:44,767
George, do you have a presentation for us today?

2149
01:51:45,500 --> 01:51:48,533
- I do, I do. Thank you. Good afternoon.

2150
01:51:48,900 --> 01:51:51,500
George Ruther with Ruther Associates here on behalf

2151
01:51:51,834 --> 01:51:55,867
of Lunar VA land investment in Sean by

2152
01:51:56,100 --> 01:51:57,100
and Ron Burn.

2153
01:51:57,634 --> 01:51:58,700
I'm gonna take just a couple minutes.

2154
01:51:58,700 --> 01:52:01,300
Heather did a fantastic job going through the presentation.

2155
01:52:01,467 --> 01:52:03,567
I want to take a couple minutes and just highlight maybe a

2156
01:52:03,567 --> 01:52:06,100
couple things that may be a little bit redundant,

2157
01:52:06,100 --> 01:52:07,033
but I wanna make sure they're,

2158
01:52:07,033 --> 01:52:11,533
they're refle accurately reflected on the record as well

2159
01:52:11,667 --> 01:52:13,934
as maybe add a couple of things to it.

2160
01:52:13,934 --> 01:52:16,133
So I'll run through these slides real quick

2161
01:52:17,066 --> 01:52:20,634
and to ensure that we comply with our time limit,

2162
01:52:21,000 --> 01:52:22,333
I jotted these notes down,

2163
01:52:22,367 --> 01:52:24,467
so I'm gonna kinda share this stuff

2164
01:52:24,467 --> 01:52:26,333
with you pretty quickly here.

2165
01:52:28,133 --> 01:52:29,333
The applicant's written narrative

2166
01:52:29,433 --> 01:52:32,834
and plans proposed developing lunar avail residences in

2167
01:52:32,834 --> 01:52:34,367
accordance with the recommendations

2168
01:52:34,367 --> 01:52:37,000
of the Vail Village Master plan and the Vail Town Code.

2169
01:52:37,066 --> 01:52:41,066
More than the 75 page written narrative thoroughly details

2170
01:52:41,634 --> 01:52:43,066
how the proposed plan complies

2171
01:52:43,066 --> 01:52:45,867
with the review criteria prescribed by the Vail Town Code.

2172
01:52:46,100 --> 01:52:48,500
The plan is implemented within the framework

2173
01:52:48,500 --> 01:52:50,867
of a newly established special development district,

2174
01:52:51,100 --> 01:52:52,066
and I think as you're aware,

2175
01:52:52,066 --> 01:52:55,000
the town has consistently approved special development

2176
01:52:55,066 --> 01:52:56,934
districts to achieve development goals

2177
01:52:58,066 --> 01:53:00,100
and serve the in the best interests of the communities.

2178
01:53:00,300 --> 01:53:03,066
These districts are in fact the best

2179
01:53:03,000 --> 01:53:04,300
and most effective tool,

2180
01:53:04,834 --> 01:53:07,867
providing the greatest flexibility in delivering the best

2181
01:53:07,867 --> 01:53:09,066
results for the community.

2182
01:53:09,500 --> 01:53:13,867
In our case, the requested deviations include increases in

2183
01:53:13,867 --> 01:53:17,066
density, controls, a change to the setbacks,

2184
01:53:17,433 --> 01:53:20,000
and an increase in building height.

2185
01:53:20,166 --> 01:53:23,467
The proposed special development district is the best means

2186
01:53:23,467 --> 01:53:25,033
of implementing the recommendations

2187
01:53:25,033 --> 01:53:27,266
of the Vail Village Master plan, as well

2188
01:53:27,266 --> 01:53:29,867
as the development goals and objectives of the Town of Vail.

2189
01:53:31,867 --> 01:53:34,367
The lunar Vail residences development project,

2190
01:53:34,934 --> 01:53:37,300
as Heather noted, is a residential community featuring

2191
01:53:37,300 --> 01:53:39,934
luxury condominiums and de restricted housing.

2192
01:53:40,100 --> 01:53:41,734
A total of 17 new homes

2193
01:53:41,900 --> 01:53:44,634
and eight D restricted homes are planned on the site.

2194
01:53:45,100 --> 01:53:48,066
Based on upon adopted master planning efforts,

2195
01:53:48,367 --> 01:53:49,533
the site is recommended

2196
01:53:49,567 --> 01:53:52,000
for high density residential infill development.

2197
01:53:52,266 --> 01:53:55,100
The new building does sit atop a 75 space,

2198
01:53:55,100 --> 01:53:58,734
fully enclosed parking garage that replaces an existing

2199
01:53:59,634 --> 01:54:00,734
asphalt parking lot.

2200
01:54:01,100 --> 01:54:03,333
The building height as proposed aligns

2201
01:54:03,333 --> 01:54:05,734
with the recommendations of the Vail Village Master plan

2202
01:54:06,066 --> 01:54:07,333
and the exterior materials

2203
01:54:07,333 --> 01:54:10,100
and architectural styles match those of existing

2204
01:54:10,100 --> 01:54:11,834
and potential residential buildings.

2205
01:54:11,867 --> 01:54:14,033
In the East Vail Village area.

2206
01:54:14,634 --> 01:54:17,000
The building's uses bulk mass and scale

2207
01:54:17,133 --> 01:54:20,834
and height are compatible with the neighborhood's character

2208
01:54:20,867 --> 01:54:23,066
and evolving development patterns in

2209
01:54:23,066 --> 01:54:25,000
the, in the neighborhood.

2210
01:54:26,634 --> 01:54:29,033
The new development is contained within a single building.

2211
01:54:29,166 --> 01:54:32,266
The lunar ville residences is composed of two thirds

2212
01:54:32,266 --> 01:54:34,100
of the building is five stories tall.

2213
01:54:34,367 --> 01:54:36,233
Only one third

2214
01:54:36,634 --> 01:54:39,767
of the buildings are six stories tall.

2215
01:54:40,000 --> 01:54:43,500
And this building is located on the northern two thirds

2216
01:54:43,500 --> 01:54:44,533
of the development site.

2217
01:54:44,900 --> 01:54:46,233
The building's average height.

2218
01:54:46,867 --> 01:54:50,300
A question that came up in previous meetings is 57.3 feet

2219
01:54:50,367 --> 01:54:53,033
with the maximum height being the 69 feet that

2220
01:54:53,033 --> 01:54:54,033
that Heather referenced.

2221
01:54:54,367 --> 01:54:55,634
This is compatible

2222
01:54:55,734 --> 01:54:58,767
with adjacent structures in the immediate vicinity.

2223
01:54:59,266 --> 01:55:01,834
It's important to note that roughly 33%

2224
01:55:01,900 --> 01:55:04,367
of the building's total mass is below grade

2225
01:55:06,100 --> 01:55:08,233
and the building's roof forms do step down

2226
01:55:08,266 --> 01:55:09,767
to match the development site's.

2227
01:55:09,767 --> 01:55:11,066
Natural topography

2228
01:55:11,100 --> 01:55:15,734
as it slopes southerly towards Gore Creek as required.

2229
01:55:15,734 --> 01:55:16,734
The architectural style

2230
01:55:16,734 --> 01:55:20,467
and design of the new buildings compliment the existing Vail

2231
01:55:20,634 --> 01:55:23,100
Mountain View residences, Altus Vail residences,

2232
01:55:23,133 --> 01:55:24,266
the REN Condominiums

2233
01:55:24,367 --> 01:55:28,133
and Apollo Park featuring both an assemblage of stone stucco

2234
01:55:28,133 --> 01:55:29,133
and wood-like siding.

2235
01:55:29,266 --> 01:55:32,467
The sloping roofs are as noted, our plan,

2236
01:55:33,033 --> 01:55:35,867
a rooftop solar array is also planned for

2237
01:55:36,033 --> 01:55:38,533
atop the new lunar vale residence building.

2238
01:55:41,233 --> 01:55:43,266
As part of the owner's amenity package

2239
01:55:43,500 --> 01:55:47,066
and outdoor plaza with casual seating, barbecue grills

2240
01:55:47,066 --> 01:55:49,834
and swimming pools is integrated into the landscape design.

2241
01:55:50,133 --> 01:55:52,767
The swimming pool deck has been recited

2242
01:55:53,133 --> 01:55:56,066
and redesigned to minimize unintended impacts

2243
01:55:56,133 --> 01:55:57,467
to neighboring property owners

2244
01:55:57,900 --> 01:56:02,000
and to remain outside the 30 foot wide utility easement.

2245
01:56:02,300 --> 01:56:04,333
A thoughtfully planned landscape design,

2246
01:56:04,734 --> 01:56:07,033
including two rooftop planting areas,

2247
01:56:07,533 --> 01:56:10,867
balances the visual aesthetics, firewise protection,

2248
01:56:10,867 --> 01:56:11,934
visual screening,

2249
01:56:11,934 --> 01:56:15,100
and year round appeal across the buildings and this site.

2250
01:56:15,166 --> 01:56:18,867
The landscape plan as, as Heather noted, is fully compliant

2251
01:56:19,000 --> 01:56:21,934
with the veil town coat, low level, fully

2252
01:56:22,700 --> 01:56:25,333
shielded landscape like fixtures comply

2253
01:56:25,333 --> 01:56:27,233
with the town's outdoor lighting standards

2254
01:56:27,233 --> 01:56:29,867
and minimize any undesirable light pollution.

2255
01:56:30,233 --> 01:56:33,333
The development plan a, as Heather's slide noted

2256
01:56:33,333 --> 01:56:36,100
and I'll speak to here in a moment, has been resigned new,

2257
01:56:36,166 --> 01:56:40,266
or excuse me, revised numerous times based upon input from

2258
01:56:40,266 --> 01:56:42,500
the Vail Town Council, the Town of Vail Planning

2259
01:56:42,500 --> 01:56:43,700
and Environmental Commission,

2260
01:56:43,834 --> 01:56:46,133
and the neighboring property owners in the vicinity.

2261
01:56:46,567 --> 01:56:48,533
Most notably and regrettably,

2262
01:56:49,000 --> 01:56:51,333
a new riverfront building is no longer planned.

2263
01:56:51,834 --> 01:56:55,100
Instead, the Apollo Park buildings A and B will remain.

2264
01:56:55,367 --> 01:56:58,467
The revisions to the site include, again, reduced density

2265
01:56:58,567 --> 01:57:01,700
and GRFA increased landscape areas, removal

2266
01:57:01,734 --> 01:57:03,333
of building stories bulk mass

2267
01:57:03,367 --> 01:57:06,066
and scale minimized setback, encroachments,

2268
01:57:06,133 --> 01:57:08,500
maximized onsite community housing,

2269
01:57:09,333 --> 01:57:11,000
improved emergency vehicle access

2270
01:57:11,233 --> 01:57:14,634
and decreased vehicle trips, as well

2271
01:57:14,634 --> 01:57:17,100
as increased separation between all

2272
01:57:17,100 --> 01:57:19,066
of the buildings within this neighborhood

2273
01:57:19,367 --> 01:57:21,467
and an enhanced architectural design.

2274
01:57:22,033 --> 01:57:24,634
Undoubtedly, these revisions have improved the project.

2275
01:57:24,700 --> 01:57:26,333
Thank you for your input along the way,

2276
01:57:26,634 --> 01:57:29,033
but most unfortunately, they no longer solve

2277
01:57:29,066 --> 01:57:32,000
what I kept referring to for the last 18 months

2278
01:57:32,233 --> 01:57:34,000
as the Apollo Park puzzle.

2279
01:57:36,133 --> 01:57:38,500
The plan revisions section eight,

2280
01:57:38,700 --> 01:57:41,367
if you're following along in your, in your packet

2281
01:57:41,734 --> 01:57:43,266
of the applicant's written narrative,

2282
01:57:43,700 --> 01:57:45,867
summarizes the proposed land uses on the property

2283
01:57:45,867 --> 01:57:49,000
and analyzes the requested zoning and development standards.

2284
01:57:49,000 --> 01:57:52,000
In doing so, the proposed development standards are compared

2285
01:57:52,000 --> 01:57:53,734
with those that are prescribed

2286
01:57:53,734 --> 01:57:56,066
for the high density multiple family zone district and,

2287
01:57:56,066 --> 01:57:58,066
and the deviations are noted.

2288
01:57:58,066 --> 01:58:02,066
Heather had a slide in her deck that showed the kind of a,

2289
01:58:02,133 --> 01:58:04,000
a compare and contrast of the

2290
01:58:04,734 --> 01:58:07,100
existing two proposed development standards.

2291
01:58:07,100 --> 01:58:10,066
It's also included with in the applicant's

2292
01:58:10,834 --> 01:58:15,367
written narrative, most notably site density is currently

2293
01:58:15,367 --> 01:58:17,934
non-conforming as it was when the,

2294
01:58:18,133 --> 01:58:20,500
the Met the Vail Village master plan was adopted.

2295
01:58:21,133 --> 01:58:24,033
The GRFA deviation has been reduced to align

2296
01:58:24,033 --> 01:58:25,834
with similar developments in the Town of Vail

2297
01:58:25,834 --> 01:58:27,533
and the neighborhood and the area

2298
01:58:27,667 --> 01:58:31,333
of the encroachment on the west side setback has been

2299
01:58:31,333 --> 01:58:35,000
reduced to only 208 total square feet above grade.

2300
01:58:35,467 --> 01:58:37,567
The building height remains unchanged

2301
01:58:38,066 --> 01:58:40,100
as acknowledged despite an attempt to update

2302
01:58:40,100 --> 01:58:42,634
and amend the outdated Vail Village Master plan.

2303
01:58:43,000 --> 01:58:45,100
The 40 foot height maximum

2304
01:58:45,500 --> 01:58:49,634
of the high density multiple family zone district remains

2305
01:58:49,767 --> 01:58:52,634
grossly misaligned with the housing recommendations

2306
01:58:52,867 --> 01:58:54,367
of the Vail Village Master Plan.

2307
01:58:54,767 --> 01:58:57,934
I think we spoke about that at length at previous meetings.

2308
01:58:58,033 --> 01:59:02,333
That given the recommendations

2309
01:59:02,333 --> 01:59:05,233
of the master plan proposing five to six stories

2310
01:59:05,233 --> 01:59:07,834
of development on this portion of the development site

2311
01:59:08,100 --> 01:59:10,233
and a 40 foot height limitation is the

2312
01:59:10,233 --> 01:59:12,000
misalignment I'm referring to.

2313
01:59:17,133 --> 01:59:21,500
Lastly, a lunar Vail Residences community housing plan has

2314
01:59:21,500 --> 01:59:24,734
been proposed that plan contents comply fully

2315
01:59:24,734 --> 01:59:26,567
with the requirements of the Vail Town Code

2316
01:59:26,667 --> 01:59:30,000
and a mitigation goes well beyond the minimum requirements

2317
01:59:30,033 --> 01:59:31,233
of the Vail Town Code.

2318
01:59:31,500 --> 01:59:33,300
The plan has the support of the Town

2319
01:59:33,300 --> 01:59:35,367
of Vail Housing Department and the Vail Local Housing

2320
01:59:35,367 --> 01:59:39,834
Authority upon implementation of the upon implementation,

2321
01:59:39,867 --> 01:59:43,233
the plan will help the Vail community achieve its adopted

2322
01:59:43,467 --> 01:59:46,867
and at one time thought to be an audacious housing goal.

2323
01:59:47,467 --> 01:59:50,100
The town's housing department has proposed an

2324
01:59:50,100 --> 01:59:51,867
alternate housing option.

2325
01:59:52,000 --> 01:59:56,367
Option two, which the applicant does support provided it

2326
01:59:56,867 --> 02:00:00,634
provided that its implementation does not somehow delay

2327
02:00:01,500 --> 02:00:04,066
the review of this, of this application.

2328
02:00:04,834 --> 02:00:08,834
And in fact, we'd like that option to

2329
02:00:09,100 --> 02:00:10,767
that the housing staff has recommended

2330
02:00:10,867 --> 02:00:13,000
so much we wish we had proposed it.

2331
02:00:16,000 --> 02:00:18,100
The Lunar VA residences is similar

2332
02:00:18,000 --> 02:00:20,634
to other development proposals within the Town of Vail.

2333
02:00:20,700 --> 02:00:23,533
It has undergone extensive scrutiny and review and revision.

2334
02:00:24,100 --> 02:00:25,700
Heather did take an opportunity

2335
02:00:25,734 --> 02:00:27,000
and go through each one

2336
02:00:27,000 --> 02:00:28,834
of the compliance and review criteria.

2337
02:00:29,066 --> 02:00:31,734
These next couple slides I'm not gonna bore you with

2338
02:00:31,734 --> 02:00:35,033
because I think it says largely the same information,

2339
02:00:35,266 --> 02:00:38,533
but I will say that our application does achieve the

2340
02:00:38,533 --> 02:00:40,700
development goals, excuse me,

2341
02:00:40,700 --> 02:00:42,300
and objectives of the Town of Vail

2342
02:00:42,634 --> 02:00:45,133
and was created in collaboration with the neighbors

2343
02:00:45,333 --> 02:00:48,467
and offers public benefits that would not otherwise be

2344
02:00:49,066 --> 02:00:52,834
provided absent a special development district.

2345
02:00:54,467 --> 02:00:57,266
The compliance criteria that I'm kind of scrolling

2346
02:00:57,266 --> 02:01:01,734
through here, they are all more fully described again in a

2347
02:01:01,734 --> 02:01:04,066
copy of your packet in the written analysis.

2348
02:01:04,066 --> 02:01:05,066
This is a summary of

2349
02:01:05,100 --> 02:01:09,066
how we believe we we fully achieve those standards.

2350
02:01:20,567 --> 02:01:23,133
I will point out here in a moment in the slides

2351
02:01:23,000 --> 02:01:25,100
and answer some of the questions that came up.

2352
02:01:25,000 --> 02:01:26,266
I I do want to note one

2353
02:01:26,266 --> 02:01:27,900
of the bullets here about emergency vehicle

2354
02:01:28,033 --> 02:01:29,100
access and staging.

2355
02:01:30,033 --> 02:01:32,834
I'm gonna speak to that here again in a moment as well.

2356
02:01:40,567 --> 02:01:43,333
We believe that approving the special development district

2357
02:01:43,333 --> 02:01:45,266
number 44 is in the best interest

2358
02:01:45,367 --> 02:01:46,867
of the East Vail Village

2359
02:01:46,867 --> 02:01:48,333
neighborhood and the Vail community.

2360
02:01:48,634 --> 02:01:51,300
A recommendation of approval from the Planning Environmental

2361
02:01:51,300 --> 02:01:53,333
Environmental Commission to the Town Council,

2362
02:01:53,433 --> 02:01:54,834
we believe is warranted.

2363
02:01:55,000 --> 02:01:58,700
To that end, we would recommend that the in request,

2364
02:01:58,767 --> 02:02:00,834
that the Planning Environmental Commission

2365
02:02:03,100 --> 02:02:04,333
recommends approval of this project

2366
02:02:04,634 --> 02:02:07,133
as noted in the staff memorandum to the,

2367
02:02:07,500 --> 02:02:08,867
the Vail Town Council.

2368
02:02:09,166 --> 02:02:11,333
So therefore, on behalf of the applicant's Ron

2369
02:02:11,333 --> 02:02:13,500
and Sean Byrne, I request the planning commission

2370
02:02:13,500 --> 02:02:16,066
unanimously recommends approval of this project

2371
02:02:16,033 --> 02:02:19,533
to the Vail Town Council so we can continue to move forward

2372
02:02:20,000 --> 02:02:21,333
with the project.

2373
02:02:22,033 --> 02:02:26,100
Heather, can you run that animation for me please? Quickly,

2374
02:02:34,500 --> 02:02:37,834
we put together a 3D model, 3D animation that,

2375
02:02:37,834 --> 02:02:39,166
that puts this building into context

2376
02:02:39,433 --> 02:02:42,033
and perspective with the adjacent structures

2377
02:02:42,033 --> 02:02:43,266
and uses in the site.

2378
02:02:44,634 --> 02:02:46,367
It does not address

2379
02:02:46,533 --> 02:02:51,300
or identify what could potentially happen if the REN were

2380
02:02:51,300 --> 02:02:54,533
to redevelop consistent with the avail village master plan,

2381
02:02:54,867 --> 02:02:58,033
but again, just kind of focuses on existing conditions in

2382
02:02:58,033 --> 02:02:59,033
and around the property.

2383
02:03:00,834 --> 02:03:03,033
This takes just a minute to run.

2384
02:03:09,166 --> 02:03:11,567
- So that's Mountain View at the bottom swinging by. Right.

2385
02:03:11,567 --> 02:03:13,133
And we see Altus in the left, correct?

2386
02:03:13,033 --> 02:03:13,634
- Correct.

2387
02:03:18,133 --> 02:03:20,133
You'll also notice when the building comes around,

2388
02:03:20,233 --> 02:03:21,533
we took a large portion,

2389
02:03:22,000 --> 02:03:25,133
and I'll speak to this, we took a large portion of GRFA out

2390
02:03:25,133 --> 02:03:27,900
of that Western facade at the request of the neighbors.

2391
02:03:28,066 --> 02:03:31,033
So above that kind of trellis work on the west side,

2392
02:03:31,033 --> 02:03:32,667
you can see where the, the outdoor patio

2393
02:03:32,700 --> 02:03:35,867
or deck is where we removed a bunch of GRFA.

2394
02:03:36,166 --> 02:03:38,567
Heather, can you take us back to the

2395
02:03:41,066 --> 02:03:42,133
PowerPoint presentation?

2396
02:03:44,900 --> 02:03:46,900
I do want to jump ahead a little bit in the,

2397
02:03:46,934 --> 02:03:48,333
in the PowerPoint presentation

2398
02:03:48,533 --> 02:03:51,133
and talk about what we think is a key element

2399
02:03:51,367 --> 02:03:52,367
of, of this project.

2400
02:03:53,133 --> 02:03:56,834
We, a question came up about plan changes since

2401
02:03:57,834 --> 02:04:01,266
April 27th in May 11th in response

2402
02:04:01,300 --> 02:04:05,133
and to a request from the Vail Fire Department.

2403
02:04:05,667 --> 02:04:08,000
And I think it's important to note, not an obligation

2404
02:04:08,000 --> 02:04:09,100
of the International Fire Code,

2405
02:04:09,133 --> 02:04:12,033
but in response to a request from the Vail Fire Department,

2406
02:04:12,533 --> 02:04:16,000
we did and are proposing to amend our plans.

2407
02:04:17,033 --> 02:04:18,767
I'm just gonna jump ahead here a little bit.

2408
02:04:19,867 --> 02:04:22,133
We're proposing to amend our plans

2409
02:04:23,433 --> 02:04:26,266
to provide improved emergency vehicle access, not

2410
02:04:26,266 --> 02:04:27,634
for this property, but instead

2411
02:04:27,634 --> 02:04:30,333
to the Altus property in the Vail Mountain View property.

2412
02:04:30,734 --> 02:04:31,834
It will enhance

2413
02:04:31,867 --> 02:04:36,100
and benefit the Apollo Park portion of, of the site,

2414
02:04:36,567 --> 02:04:38,734
but again, outlined here, this diagram

2415
02:04:38,900 --> 02:04:41,567
that you're seeing up on the screen shows the required

2416
02:04:43,066 --> 02:04:46,066
fire department access to this, this project consistent

2417
02:04:46,100 --> 02:04:49,700
with the town's adopted international fire code,

2418
02:04:50,000 --> 02:04:53,033
again at the request of the Vail Fire Department,

2419
02:04:53,734 --> 02:04:58,367
based upon a non-conforming emergency vehicle access

2420
02:04:58,367 --> 02:05:01,533
that exists entirely on the Vail Mountain View

2421
02:05:01,700 --> 02:05:03,066
and Altus Properties.

2422
02:05:03,667 --> 02:05:05,567
We have worked with our civil engineers

2423
02:05:05,700 --> 02:05:10,533
and we are willing to amend our plan to address the need for

2424
02:05:11,266 --> 02:05:15,533
emergency vehicle access to Avail Mountain View

2425
02:05:15,734 --> 02:05:19,100
and Altus with the expansion being primarily and,

2426
02:05:19,100 --> 02:05:21,500
and almost entirely on the,

2427
02:05:23,467 --> 02:05:25,033
the Lunar VA site.

2428
02:05:25,433 --> 02:05:28,634
This does impact our development potential in the future,

2429
02:05:28,734 --> 02:05:32,667
but it also provides a greater sense of life safety

2430
02:05:33,066 --> 02:05:35,834
and protection of property in the neighborhood.

2431
02:05:36,033 --> 02:05:39,100
So again, we are willing to implement this plan

2432
02:05:39,467 --> 02:05:43,000
and if this, this project does receive a recommendation

2433
02:05:43,033 --> 02:05:46,333
of approval from the Planning commission, we'll amend this,

2434
02:05:46,500 --> 02:05:49,166
this vehicle access plan prior to first reading

2435
02:05:49,166 --> 02:05:52,934
with the Town Council to show it on the, on the plan set.

2436
02:05:53,266 --> 02:05:54,266
There's also a,

2437
02:05:54,333 --> 02:05:56,567
an important distinction to be understood here.

2438
02:05:57,066 --> 02:05:58,934
There are some existing encroachments

2439
02:05:59,634 --> 02:06:03,033
into the already platted emergency vehicle access

2440
02:06:03,033 --> 02:06:05,100
encroachments that were constructed

2441
02:06:05,266 --> 02:06:07,900
by Vail Mountain View Residences and Altus.

2442
02:06:07,900 --> 02:06:10,233
They're on their property, not on our property.

2443
02:06:10,767 --> 02:06:14,266
The original request was, I believe, was for us

2444
02:06:14,367 --> 02:06:17,066
to compensate and make up for those encroachments

2445
02:06:17,133 --> 02:06:18,700
that they have on their property

2446
02:06:18,734 --> 02:06:20,467
and essentially allow them

2447
02:06:20,467 --> 02:06:22,433
to have encroachments on their easement and

2448
02:06:22,433 --> 02:06:24,900
therefore we just build more on our property.

2449
02:06:26,100 --> 02:06:28,634
I think understandably, you, you can appreciate,

2450
02:06:28,634 --> 02:06:32,100
we're not agreeable to doing that if this plan is

2451
02:06:32,100 --> 02:06:34,266
to be implemented, we would ask

2452
02:06:34,300 --> 02:06:36,667
that the Vail Fire Department in the Town

2453
02:06:36,667 --> 02:06:41,233
of Vail require those encroachments into the, this

2454
02:06:41,867 --> 02:06:45,100
most important emergency vehicle access, be removed

2455
02:06:45,266 --> 02:06:46,567
by Vail Mountain View

2456
02:06:46,934 --> 02:06:49,934
and Altus to fully pull off this plan

2457
02:06:50,066 --> 02:06:51,567
as it's as it's outlined.

2458
02:06:51,567 --> 02:06:54,900
We think that's, that's only fair in, in just

2459
02:06:56,634 --> 02:06:59,667
this last diagram, just shows a a again, our site,

2460
02:07:00,100 --> 02:07:03,333
the Red Arrows showing from the fire staging area,

2461
02:07:03,533 --> 02:07:07,367
the fire department's footpath of travel

2462
02:07:07,533 --> 02:07:09,934
and access around not only our building,

2463
02:07:10,100 --> 02:07:14,233
but also around the remaining Apollo Park buildings

2464
02:07:14,500 --> 02:07:15,634
A and b on the site.

2465
02:07:15,934 --> 02:07:18,467
And it should be noted that, excuse me, that each

2466
02:07:18,467 --> 02:07:21,100
of these plans has received approval from the,

2467
02:07:21,467 --> 02:07:23,000
the Vail Fire Department.

2468
02:07:23,567 --> 02:07:28,066
And with that, I'm going to end my remarks

2469
02:07:28,100 --> 02:07:29,233
and then I can get back to some

2470
02:07:29,233 --> 02:07:32,066
of your other questions when the, when the time is right.

2471
02:07:34,867 --> 02:07:36,233
- Questions for the applicant from commissioners.

2472
02:07:40,900 --> 02:07:43,066
One thing I want to ask George,

2473
02:07:46,033 --> 02:07:47,667
regarding the parking, can you ref,

2474
02:07:48,000 --> 02:07:49,233
we talked about this previously,

2475
02:07:49,266 --> 02:07:51,133
but can you talk about what is currently

2476
02:07:51,533 --> 02:07:53,233
provided to Apollo Park and what will be

2477
02:07:53,467 --> 02:07:55,133
provided with the new parking deck Sure.

2478
02:07:55,133 --> 02:07:56,266
And how, how that works? Yep.

2479
02:07:57,500 --> 02:08:00,900
- I believe out on the site today is approximately 40

2480
02:08:01,033 --> 02:08:03,066
to 43 surface parking spaces.

2481
02:08:04,000 --> 02:08:08,000
What will be provided upon construction

2482
02:08:08,000 --> 02:08:11,700
of this project is parking spaces that are fully compliant

2483
02:08:11,700 --> 02:08:15,000
with chapter 10 of the Vail Town Code in the Vail Town Code

2484
02:08:15,300 --> 02:08:18,700
requires that there be two parking spaces, I believe each

2485
02:08:18,867 --> 02:08:22,033
for the six condominium units on the site

2486
02:08:22,100 --> 02:08:25,934
and 0.7 parking spaces for a timeshare unit on the site.

2487
02:08:26,266 --> 02:08:29,033
The numbers that we have provided accommodate for

2488
02:08:29,033 --> 02:08:32,133
that in this plan, so we fully comply.

2489
02:08:32,266 --> 02:08:34,500
There was an additional question about parking

2490
02:08:34,634 --> 02:08:35,767
and, and parking compliance.

2491
02:08:35,900 --> 02:08:38,133
Our intent, and Heather had it correct, is

2492
02:08:38,133 --> 02:08:40,066
that when you convert those, eh, used

2493
02:08:40,066 --> 02:08:41,467
to free market square footage,

2494
02:08:41,900 --> 02:08:44,533
the net effect is we still meet our parking requirement

2495
02:08:44,533 --> 02:08:46,000
and that's, and that would be our intent.

2496
02:08:46,300 --> 02:08:48,233
No deviations from parking. Okay.

2497
02:08:49,100 --> 02:08:50,533
- And in reading, oh, go ahead

2498
02:08:51,233 --> 02:08:52,233
- George.

2499
02:08:52,233 --> 02:08:53,066
Couple three questions.

2500
02:08:53,233 --> 02:08:56,033
I guess first, the three exterior parking spaces,

2501
02:08:56,133 --> 02:08:57,166
where are those located?

2502
02:08:59,867 --> 02:09:02,033
- Let me see. I don't have that in my set

2503
02:09:02,033 --> 02:09:03,066
of site plans. I tried to

2504
02:09:03,367 --> 02:09:05,000
- Tell Heather's - Got they, they're exterior

2505
02:09:06,066 --> 02:09:08,867
and they're right immediately south

2506
02:09:08,867 --> 02:09:10,500
of the entrance to the parking garage.

2507
02:09:10,634 --> 02:09:12,734
- Okay. I think when I was looking at the video,

2508
02:09:13,367 --> 02:09:15,066
I maybe picked up on that, but not,

2509
02:09:16,000 --> 02:09:17,433
and then, yeah, I'm assuming

2510
02:09:17,500 --> 02:09:19,000
there's got highlighted right there.

2511
02:09:19,033 --> 02:09:23,033
You know, UPS FedEx is probably gonna utilize that.

2512
02:09:24,834 --> 02:09:28,533
That's those front of that parking area. A

2513
02:09:28,634 --> 02:09:30,734
- A actually we, we accommodate UPS

2514
02:09:30,734 --> 02:09:33,634
and FedEx on the north portion of the site. Okay,

2515
02:09:33,734 --> 02:09:34,734
- So - I'm sorry.

2516
02:09:34,734 --> 02:09:37,867
Yes. Entering, entering

2517
02:09:38,934 --> 02:09:41,700
through the easement in that area right there is where we,

2518
02:09:41,700 --> 02:09:44,467
we've identified our loading and delivery space

2519
02:09:44,767 --> 02:09:47,033
- And then how, where's, where's trash

2520
02:09:47,133 --> 02:09:48,867
and how does that get accessed

2521
02:09:49,100 --> 02:09:50,100
- Trash.

2522
02:09:50,100 --> 02:09:51,133
I didn't put that slide in,

2523
02:09:51,133 --> 02:09:53,367
but you, we can probably work off of this one right here,

2524
02:09:53,367 --> 02:09:55,266
Heather, if you can just drive the cursor

2525
02:09:55,266 --> 02:09:57,634
for me entering trash.

2526
02:09:57,734 --> 02:10:00,033
And we've talked with the local waste haulers entering

2527
02:10:00,667 --> 02:10:05,000
the site through the easement access easement with Altus.

2528
02:10:05,266 --> 02:10:08,266
They pull into Altus, they grab trash from Altus.

2529
02:10:08,700 --> 02:10:10,133
They then continue west,

2530
02:10:10,367 --> 02:10:14,266
or excuse me east along that access drive until they get to

2531
02:10:14,367 --> 02:10:15,667
that entrance.

2532
02:10:15,667 --> 02:10:18,867
There is a trash enclosure located fully contained

2533
02:10:18,867 --> 02:10:20,033
within inside the building.

2534
02:10:20,266 --> 02:10:22,700
They wheel the dumpster out, dump the trash,

2535
02:10:22,734 --> 02:10:26,233
wheel it back in, exit back out of our

2536
02:10:27,133 --> 02:10:28,133
- Driveway.

2537
02:10:28,133 --> 02:10:31,266
And then the Apollo buildings that remain same situation or

2538
02:10:31,634 --> 02:10:34,767
- We, we, they all, all the buildings share the same trash.

2539
02:10:35,000 --> 02:10:37,100
Okay. Okay. And that, that's essentially if you,

2540
02:10:37,166 --> 02:10:39,133
if you're familiar with the site, it's essentially

2541
02:10:39,133 --> 02:10:41,000
where the trash is located today.

2542
02:10:41,100 --> 02:10:45,066
Okay. We did, I if I could share maybe just,

2543
02:10:45,033 --> 02:10:46,066
we can stay there Heather.

2544
02:10:46,066 --> 02:10:47,567
That that one works fine there.

2545
02:10:47,567 --> 02:10:49,567
There's loading delivery in a trash truck.

2546
02:10:49,900 --> 02:10:53,100
We also looked at the opportunity of, since you know,

2547
02:10:53,133 --> 02:10:56,133
trash was going to be a, a neighborhood need,

2548
02:10:56,567 --> 02:10:59,333
we looked at the opportunity of providing access

2549
02:10:59,433 --> 02:11:02,333
to the existing Ren trash enclosure.

2550
02:11:02,834 --> 02:11:04,367
Re's trash enclosure is located

2551
02:11:05,000 --> 02:11:07,767
in the very northwest corner of their site.

2552
02:11:08,233 --> 02:11:10,867
Little further north Heather? Yeah. Up in that area.

2553
02:11:10,867 --> 02:11:14,033
Generally in that area, we looked at the opportunity of,

2554
02:11:14,533 --> 02:11:16,133
since their trash enclosure was there,

2555
02:11:16,133 --> 02:11:19,033
could we just extend across, so the truck,

2556
02:11:19,033 --> 02:11:22,000
when they come in, they pick up the trash dump one in one

2557
02:11:22,000 --> 02:11:24,066
time out, not have to go back out onto the

2558
02:11:24,066 --> 02:11:25,100
frontage road and come back in.

2559
02:11:25,266 --> 02:11:28,133
Unfortunately, the grades, as soon as we get to that corner,

2560
02:11:28,233 --> 02:11:30,066
the building, the grades start to tip

2561
02:11:30,266 --> 02:11:34,934
and the trash truck can't operate on that cross slope.

2562
02:11:35,133 --> 02:11:38,867
But we did look at trying to combine opportunities if

2563
02:11:38,867 --> 02:11:41,233
that was something the run was willing

2564
02:11:41,333 --> 02:11:43,000
to, to collaborate on.

2565
02:11:43,000 --> 02:11:44,266
Unfortunately we can't do it.

2566
02:11:49,133 --> 02:11:51,834
- Can you talk about construction, one

2567
02:11:51,834 --> 02:11:54,767
of the concerns in written public comment that was submitted

2568
02:11:55,300 --> 02:11:56,367
multiple times is access

2569
02:11:56,367 --> 02:11:58,500
to the Apollo Park building during construction.

2570
02:11:59,100 --> 02:12:01,100
You know, since trash will be replaced,

2571
02:12:01,100 --> 02:12:02,734
where is there trash go during construction?

2572
02:12:03,567 --> 02:12:05,066
How are those impacts mitigated

2573
02:12:05,066 --> 02:12:06,367
during construction of the building?

2574
02:12:07,033 --> 02:12:11,533
- Sure. I I, I think there, there's a important distinction

2575
02:12:12,300 --> 02:12:14,767
that, that I think needs to be, to be understood

2576
02:12:15,066 --> 02:12:19,333
and I know it was in a letter from Apollo Park

2577
02:12:19,433 --> 02:12:24,367
where their counsel is correct in, in stating

2578
02:12:24,500 --> 02:12:27,300
that the parking for Apollo Park is going

2579
02:12:27,300 --> 02:12:28,634
to be temporarily impacted.

2580
02:12:29,300 --> 02:12:32,033
Counsel, however, we believe is incorrect in

2581
02:12:32,033 --> 02:12:34,000
that it is gonna be permanently eliminated.

2582
02:12:34,000 --> 02:12:36,533
They make a reference that somehow it's gonna

2583
02:12:36,533 --> 02:12:37,567
be permanently eliminated.

2584
02:12:37,634 --> 02:12:39,567
We show a plan that shows it's being replaced

2585
02:12:39,567 --> 02:12:43,367
and will be back parking for Apollo Park is fully restored

2586
02:12:43,500 --> 02:12:46,033
as per the parking requirements of the town code

2587
02:12:46,166 --> 02:12:48,634
and upon completion of lunar Vale residences.

2588
02:12:49,533 --> 02:12:52,700
They also suggest that a development application,

2589
02:12:52,700 --> 02:12:56,100
which we believe is an entitlement, shall be denied

2590
02:12:56,100 --> 02:12:58,300
because of what is instead a permitting issue.

2591
02:12:58,300 --> 02:13:01,000
The town code makes it very clear that there's entitlements

2592
02:13:01,033 --> 02:13:04,033
and there's permitting in the permitting process

2593
02:13:04,266 --> 02:13:08,066
and staff can maybe, can maybe provide some credibility to.

2594
02:13:08,066 --> 02:13:11,000
What I'm gonna say is there is a requirement

2595
02:13:11,000 --> 02:13:12,734
that we provide a construction access

2596
02:13:13,066 --> 02:13:16,033
and staging plan as well as emergency vehicle access plan.

2597
02:13:16,133 --> 02:13:18,867
That's an administrative review process that's part of

2598
02:13:18,867 --> 02:13:19,934
that, that process.

2599
02:13:20,000 --> 02:13:23,266
So before a building permit could be issued for this site,

2600
02:13:23,367 --> 02:13:25,533
we need to submit that construction staging

2601
02:13:26,133 --> 02:13:29,100
an emergency vehicle access plan to the Town of Vail

2602
02:13:29,100 --> 02:13:30,533
for review and approval.

2603
02:13:30,700 --> 02:13:33,734
As has been done with every other project in the Town

2604
02:13:33,734 --> 02:13:35,333
of Vail, I don't think you'd be surprised

2605
02:13:35,333 --> 02:13:37,367
to know this is not the first project

2606
02:13:37,634 --> 02:13:41,033
where access in parking has been temporarily

2607
02:13:42,000 --> 02:13:43,033
impacted by construction.

2608
02:13:43,033 --> 02:13:46,533
But again, the town requires that we, we demonstrate a,

2609
02:13:47,100 --> 02:13:49,867
a workable plan prior to the issuance of a building permit.

2610
02:13:50,066 --> 02:13:52,567
- Okay. And that is condition number six

2611
02:13:53,033 --> 02:13:54,133
on our conditions list.

2612
02:13:54,266 --> 02:13:58,767
Just to spell it out even more clear for the applicant.

2613
02:13:59,066 --> 02:14:00,066
Okay.

2614
02:14:02,567 --> 02:14:04,834
- Further questions for the applicant from commissioners

2615
02:14:05,700 --> 02:14:08,100
- Can I'm sorry, go Bill shared.

2616
02:14:08,467 --> 02:14:10,133
I thought, bill, you had three questions.

2617
02:14:10,934 --> 02:14:14,233
- I thought garbage, FedEx, UPS

2618
02:14:14,367 --> 02:14:16,333
and the three outside parking spaces.

2619
02:14:16,634 --> 02:14:18,934
- Got it. Thank you. - And

2620
02:14:18,934 --> 02:14:22,100
so your construction management plan will address access,

2621
02:14:22,700 --> 02:14:24,867
temporary trash facilities, things of that nature, correct?

2622
02:14:24,900 --> 02:14:26,100
Correct. Okay.

2623
02:14:31,133 --> 02:14:32,533
Are there other questions

2624
02:14:32,533 --> 02:14:33,867
of the applicant from commissioners?

2625
02:14:39,367 --> 02:14:40,367
Last one from me.

2626
02:14:41,634 --> 02:14:44,333
Do you prefer as the applicant option two that was presented

2627
02:14:44,333 --> 02:14:46,533
by the housing staff?

2628
02:14:48,166 --> 02:14:50,066
- We, we do. Like I said,

2629
02:14:50,066 --> 02:14:51,467
we wish we had come up with it ourselves.

2630
02:14:52,033 --> 02:14:54,834
We, the, the only concern that I have,

2631
02:14:54,867 --> 02:14:56,066
and I have talked to Jason

2632
02:14:56,166 --> 02:14:59,734
and Anna about this, is the condition requires that we

2633
02:15:00,367 --> 02:15:04,100
fund the full pay Lou fee prior

2634
02:15:04,100 --> 02:15:05,634
to the issuance of the building permit.

2635
02:15:06,467 --> 02:15:10,033
The whole advantage, the win-win outcome that comes

2636
02:15:10,033 --> 02:15:12,367
of this alternative comes

2637
02:15:12,367 --> 02:15:16,100
because when we, with the additional square footage GRFA

2638
02:15:16,100 --> 02:15:18,066
that is granted, it generates the revenue

2639
02:15:18,166 --> 02:15:20,033
to write the check for that fee.

2640
02:15:22,634 --> 02:15:27,033
I was hopeful that we would be able to, to pay all

2641
02:15:27,100 --> 02:15:30,867
or a portion of that fee in lieu payment at the time

2642
02:15:30,900 --> 02:15:34,500
of an is prior to the issuance of the first certificate

2643
02:15:34,500 --> 02:15:36,133
of occupancy because right at

2644
02:15:36,133 --> 02:15:37,233
that point the revenue is generated.

2645
02:15:37,233 --> 02:15:40,867
The, the proceeds are there to make, to make the payment,

2646
02:15:41,133 --> 02:15:45,467
but the condition is what the condition is and yeah.

2647
02:15:45,567 --> 02:15:49,066
We'll, we'll, we'll move forward with option number two if

2648
02:15:49,066 --> 02:15:52,667
that is amenable to the, to the planning commission.

2649
02:15:52,734 --> 02:15:56,367
If not, we are happy to stick with option number one

2650
02:15:56,367 --> 02:15:57,900
as we originally proposed.

2651
02:16:00,133 --> 02:16:03,000
- Great. - Anything else

2652
02:16:03,100 --> 02:16:04,667
before we turn over to public comment?

2653
02:16:07,867 --> 02:16:09,734
Hearing nothing further from commissioners,

2654
02:16:09,734 --> 02:16:11,066
we will turn it over to public comment.

2655
02:16:11,734 --> 02:16:13,166
If you are online and would like to comment,

2656
02:16:13,166 --> 02:16:15,033
please raise your hand if we'll promote you.

2657
02:16:15,567 --> 02:16:16,667
Sorry, go ahead George. Yeah,

2658
02:16:16,734 --> 02:16:18,634
- I was just gonna say while you're, while you're going

2659
02:16:18,634 --> 02:16:20,533
through that, I do want to pass out four

2660
02:16:21,066 --> 02:16:24,133
to be entered into the record, a memorandum

2661
02:16:24,367 --> 02:16:27,100
to the Planning Environmental Commission from Ballard

2662
02:16:27,266 --> 02:16:28,867
Spar. Legal counsel

2663
02:16:29,500 --> 02:16:32,767
- Representing Luner Vale Land Investment.

2664
02:16:33,133 --> 02:16:34,767
- Okay, you can pass it out. We'll take it into the record.

2665
02:16:36,100 --> 02:16:37,300
- I'm sorry. That's alright.

2666
02:16:41,266 --> 02:16:45,133
- Thank you. If you wouldn't mind giving out the microphones

2667
02:16:45,133 --> 02:16:46,333
with anyone in the room coming forward,

2668
02:16:47,100 --> 02:16:49,066
if you're in the room, we'll start in the room.

2669
02:16:49,066 --> 02:16:52,500
Please come forward. I would appreciate you keeping

2670
02:16:52,500 --> 02:16:53,667
your comments to three minutes.

2671
02:16:53,700 --> 02:16:55,467
We have a lot of public comment to hear from today.

2672
02:16:55,834 --> 02:16:57,133
We want to hear from everybody.

2673
02:16:58,834 --> 02:17:00,433
I look forward to hearing what you have to say. Thank you.

2674
02:17:00,934 --> 02:17:02,634
And will you come forward? Please state your name

2675
02:17:02,634 --> 02:17:04,133
for the record just before you give your comments.

2676
02:17:05,634 --> 02:17:07,233
Use the one at the, the desk here.

2677
02:17:07,233 --> 02:17:10,133
That microphone at the lectern does not work. Thank you.

2678
02:17:14,000 --> 02:17:15,867
- Hello again. Dave Zein, president

2679
02:17:15,867 --> 02:17:18,000
of Apollo Park at Vail Homeowners Association.

2680
02:17:18,767 --> 02:17:21,467
Just so you know that this plan, the SDD application

2681
02:17:22,233 --> 02:17:24,166
is not approved by Apollo Park.

2682
02:17:24,367 --> 02:17:25,734
We're not a co-applicant

2683
02:17:26,033 --> 02:17:28,233
and we ask that you deny this application.

2684
02:17:29,100 --> 02:17:30,900
Just a little bit reminder of the history,

2685
02:17:31,567 --> 02:17:33,867
we worked really hard with Learner Vale.

2686
02:17:34,567 --> 02:17:38,100
We had a, an agreement that has long since expired

2687
02:17:39,266 --> 02:17:42,233
and we'd worked on an Apollo Park portion of the property.

2688
02:17:42,533 --> 02:17:45,333
We brought that to you in 2025.

2689
02:17:45,500 --> 02:17:48,166
You denied that after that

2690
02:17:48,900 --> 02:17:52,133
lunar VA on their own without Paula Park.

2691
02:17:52,900 --> 02:17:57,333
Went to Town Council in January with a five story building

2692
02:17:58,033 --> 02:17:59,867
and Town Council sent that back to you.

2693
02:18:00,700 --> 02:18:04,500
So anyway, the last plan that we agreed to back then was,

2694
02:18:04,700 --> 02:18:08,367
was denied by y parking is a big issue for us.

2695
02:18:09,166 --> 02:18:12,166
A few years ago we converted 5,000 square feet

2696
02:18:12,166 --> 02:18:14,233
of asphalt into a beautiful landscaping.

2697
02:18:14,433 --> 02:18:16,567
I worked with the planning department and fire

2698
02:18:17,033 --> 02:18:18,166
and then we went through DRB

2699
02:18:18,567 --> 02:18:19,934
and the town's rule at

2700
02:18:19,934 --> 02:18:23,367
that time was no reduction in parking spaces, not a one.

2701
02:18:23,367 --> 02:18:24,900
They were really adamant about that.

2702
02:18:25,500 --> 02:18:28,100
So that's why we have 44 spaces out there now.

2703
02:18:28,700 --> 02:18:30,467
Here the applicant intends

2704
02:18:30,467 --> 02:18:33,133
to reduce our usable parking spaces by 25%.

2705
02:18:34,500 --> 02:18:37,000
Just seems unfair to have one stricter rule for residents

2706
02:18:37,233 --> 02:18:40,734
and a different one for the developer as far

2707
02:18:40,734 --> 02:18:43,166
as fire safety go goes, you know,

2708
02:18:43,166 --> 02:18:45,934
with planning we walked the entire property inside

2709
02:18:45,934 --> 02:18:48,500
and out around all the grounds worked.

2710
02:18:48,500 --> 02:18:51,100
The fire chief, the chief asked for specific items.

2711
02:18:52,033 --> 02:18:53,100
We fully complied.

2712
02:18:53,333 --> 02:18:55,634
He had us move our prime parking spaces

2713
02:18:55,700 --> 02:18:57,634
around the away from the building

2714
02:18:57,634 --> 02:18:59,000
so he could create a staging area.

2715
02:18:59,367 --> 02:19:01,667
He asked for a 26 foot drive aisle.

2716
02:19:01,734 --> 02:19:04,033
We complied with that and they also wanted an easy path in

2717
02:19:04,033 --> 02:19:05,934
order to get to the B building.

2718
02:19:06,867 --> 02:19:09,266
Now they want to park cars in the east staging area

2719
02:19:09,700 --> 02:19:12,433
and they have a fenced pool in the area in front

2720
02:19:12,433 --> 02:19:14,900
of our west building is is just crazy.

2721
02:19:15,934 --> 02:19:18,700
The safety, our residents must be paramount.

2722
02:19:18,700 --> 02:19:20,133
These are long-term issues.

2723
02:19:20,066 --> 02:19:21,734
It's not just during construction

2724
02:19:21,734 --> 02:19:23,066
that we're worried about this.

2725
02:19:23,634 --> 02:19:26,367
You end up risking the life safety of our residents

2726
02:19:26,367 --> 02:19:29,100
to improve this plan and it seems just unfair

2727
02:19:29,133 --> 02:19:32,333
and unsafe to compromise for a developer here.

2728
02:19:34,133 --> 02:19:37,266
George Luther and Planner Knight say

2729
02:19:37,266 --> 02:19:38,700
that they're covering the parking lot

2730
02:19:39,300 --> 02:19:40,500
actually you're covering our pool,

2731
02:19:40,867 --> 02:19:42,467
our parking lot, our beautiful park.

2732
02:19:43,100 --> 02:19:45,367
It's way more than the little bit of asphalt

2733
02:19:45,634 --> 02:19:46,767
that that's out there right now.

2734
02:19:47,500 --> 02:19:49,100
So when I was in front of you previously,

2735
02:19:49,300 --> 02:19:52,500
I asked you we wanna avoid a a force development.

2736
02:19:52,500 --> 02:19:54,033
This is the force development.

2737
02:19:54,233 --> 02:19:57,066
We were very much misled into believing a redevelopment

2738
02:19:57,266 --> 02:19:59,100
would replace the Apollo Park buildings.

2739
02:19:59,734 --> 02:20:02,233
We believe that used deception to get to Apollo Park

2740
02:20:02,233 --> 02:20:03,734
to support previous plans.

2741
02:20:04,133 --> 02:20:05,567
And now we're completely out of that.

2742
02:20:06,433 --> 02:20:08,934
We would ask you to please not reward this behavior.

2743
02:20:10,266 --> 02:20:14,033
The easiest path to a, a proper site redevelopment solution

2744
02:20:14,166 --> 02:20:17,033
that solves the Apollo Park puzzle, as George calls it,

2745
02:20:17,166 --> 02:20:19,000
the one that works for the neighbors, the town,

2746
02:20:19,000 --> 02:20:21,100
the fire department, and Apollo Park is

2747
02:20:21,000 --> 02:20:23,033
to simply deny this application.

2748
02:20:23,166 --> 02:20:25,934
So thanks for your time, really appreciate it. Thank you.

2749
02:20:38,367 --> 02:20:41,033
- Hi, my name is Aviva Flock. I'm an owner at Apollo Park.

2750
02:20:41,834 --> 02:20:43,634
My family and I have been coming to Vail

2751
02:20:43,700 --> 02:20:47,133
for more than 50 years to enjoy skiing, dining, shopping,

2752
02:20:47,033 --> 02:20:49,133
and the overall charm of Vail year round.

2753
02:20:50,100 --> 02:20:54,100
I wanna provide my perspective on why this number 44 SDD

2754
02:20:54,100 --> 02:20:55,433
should be recommended for denial.

2755
02:20:56,000 --> 02:20:59,100
As Sheridan previous public comment, the Apollo Park HOA,

2756
02:20:59,100 --> 02:21:00,634
supported the initial application

2757
02:21:00,700 --> 02:21:03,133
because we were told that our buildings would be replaced

2758
02:21:03,233 --> 02:21:04,467
as part of the development.

2759
02:21:05,266 --> 02:21:07,834
Now that the applicant has eliminated these previously

2760
02:21:07,834 --> 02:21:10,166
mentioned provisions and seeks large variances

2761
02:21:10,166 --> 02:21:13,066
to develop lunar Vail North without offering any

2762
02:21:13,066 --> 02:21:14,834
compensation for Apollo park owners

2763
02:21:15,233 --> 02:21:18,000
or even coming to the table to discuss an amenable plan,

2764
02:21:18,834 --> 02:21:21,000
I question whether they have honestly considered the best

2765
02:21:21,333 --> 02:21:23,133
interest of longtime Vail residents

2766
02:21:23,266 --> 02:21:25,367
or simply hope to ultimately eliminate us

2767
02:21:25,367 --> 02:21:27,266
through this develop redevelopment process.

2768
02:21:28,900 --> 02:21:31,066
Approval of this application will result in a two

2769
02:21:31,066 --> 02:21:33,367
to three year construction period during which my family

2770
02:21:33,533 --> 02:21:36,667
and our neighbors will lose significant access to parking,

2771
02:21:37,266 --> 02:21:39,133
swimming in the beautifully landscaped areas.

2772
02:21:40,100 --> 02:21:42,066
The loss of those amenities combined

2773
02:21:42,066 --> 02:21:43,033
with the construction noise

2774
02:21:43,100 --> 02:21:46,367
and general disruption will prevent us from enjoying our

2775
02:21:46,367 --> 02:21:48,500
units or attracting renters for the two

2776
02:21:48,500 --> 02:21:50,000
to three year construction period.

2777
02:21:50,734 --> 02:21:52,700
In addition, the long-term impact from loss

2778
02:21:52,700 --> 02:21:55,700
of parking spaces and other outdoor amenities will

2779
02:21:55,700 --> 02:21:57,667
drastically reduce the usability

2780
02:21:58,066 --> 02:21:59,433
and value of our properties.

2781
02:22:00,500 --> 02:22:02,900
Apollo Park owners are not like the wealthy second

2782
02:22:02,900 --> 02:22:06,000
homeowners likely to purchase the proposed luxury condos

2783
02:22:06,266 --> 02:22:08,100
primarily for status or income.

2784
02:22:08,767 --> 02:22:09,934
We're longtime visitors

2785
02:22:09,934 --> 02:22:11,133
and supporters of Vail

2786
02:22:11,100 --> 02:22:14,100
who have developed great relationships within our community.

2787
02:22:14,700 --> 02:22:16,000
Our inability to use

2788
02:22:16,066 --> 02:22:18,500
or rent our units during the construction period

2789
02:22:19,066 --> 02:22:21,467
and no plan to compensate us for the loss of value

2790
02:22:21,533 --> 02:22:24,133
to our owner units will hurt not only us,

2791
02:22:24,500 --> 02:22:26,734
but also the businesses we love to support.

2792
02:22:26,734 --> 02:22:30,634
While we're here as protectors of the architectural charm

2793
02:22:30,634 --> 02:22:33,634
and friendly environment that makes Vail special, we hope

2794
02:22:33,634 --> 02:22:34,834
that the Vail PEC

2795
02:22:34,867 --> 02:22:37,567
and Vail Town Council will reject this request

2796
02:22:37,634 --> 02:22:39,000
for massive variances.

2797
02:22:39,000 --> 02:22:40,300
The greatly disadvantages me

2798
02:22:40,734 --> 02:22:44,066
and my neighbors, the application is bad

2799
02:22:44,066 --> 02:22:46,533
for the neighborhood and generally bad for Vail.

2800
02:22:47,133 --> 02:22:50,367
- Thank you. Thank you. Hey Cole, I've got time here.

2801
02:22:50,634 --> 02:22:52,834
Can we, we don't need that giant time wrap on the screen.

2802
02:22:53,000 --> 02:22:55,033
It's a little distracting. I'd rather focus be

2803
02:22:55,033 --> 02:22:56,066
on the, on the public comment.

2804
02:22:56,367 --> 02:23:00,533
That was, that was me. Sorry, I'm keeping track here, right?

2805
02:23:00,533 --> 02:23:02,467
Thank you. Yeah, better.

2806
02:23:08,467 --> 02:23:10,834
- Hi, my name is Terry Paget.

2807
02:23:11,166 --> 02:23:12,834
My wife and I have been owners

2808
02:23:12,934 --> 02:23:15,233
of Apollo Park since the 1980s.

2809
02:23:15,867 --> 02:23:18,734
Before purchasing there, we were part of the Vail community.

2810
02:23:18,834 --> 02:23:20,066
I managed the Vail branch

2811
02:23:21,867 --> 02:23:24,000
of an electrical contractor in our company,

2812
02:23:24,000 --> 02:23:26,834
help build projects like the Simba Run Bale Spa.

2813
02:23:28,033 --> 02:23:31,700
I can go on and on, you know, in Beaver Creek and,

2814
02:23:31,867 --> 02:23:33,233
and Yon as well.

2815
02:23:34,100 --> 02:23:38,634
So the the we, we were proud to invest in

2816
02:23:39,000 --> 02:23:40,734
and help build this community.

2817
02:23:40,834 --> 02:23:42,767
We moved to Denver, raised four children

2818
02:23:42,867 --> 02:23:45,533
and today all four of them own property at Apollo Park.

2819
02:23:45,533 --> 02:23:48,734
Along with us, our family has a long-term

2820
02:23:48,900 --> 02:23:50,000
commitment to Vail.

2821
02:23:50,133 --> 02:23:52,166
As a longstanding business owner myself,

2822
02:23:52,333 --> 02:23:54,000
I understand the importance of updating and

2823
02:23:54,066 --> 02:23:55,734
and improving properties over time.

2824
02:23:56,433 --> 02:23:59,133
However, I also understand the importance of doing

2825
02:23:59,000 --> 02:24:02,734
so responsibly by honoring existing contracts

2826
02:24:02,767 --> 02:24:05,066
and ensuring that all parties involved are

2827
02:24:05,066 --> 02:24:06,033
heard and considered.

2828
02:24:07,000 --> 02:24:08,567
We support thoughtful development

2829
02:24:08,567 --> 02:24:11,433
that includes Apollo Park Park's best interest.

2830
02:24:11,834 --> 02:24:13,500
We want projects that are well planned

2831
02:24:14,500 --> 02:24:18,734
and meet veils, building standards, comply with all safety

2832
02:24:18,867 --> 02:24:22,000
and fire codes and respect the character of our community.

2833
02:24:23,000 --> 02:24:25,834
We simply ask that whatever decision is made is fair

2834
02:24:25,834 --> 02:24:27,433
to the current owners of Apollo Park

2835
02:24:28,100 --> 02:24:30,000
who have invested in this community for decades.

2836
02:24:31,100 --> 02:24:35,000
Thank you for your time. I have one question also on the

2837
02:24:35,033 --> 02:24:39,133
rendering, it showed how the access was going

2838
02:24:39,133 --> 02:24:40,834
to be in order to fight a fire.

2839
02:24:42,033 --> 02:24:46,734
When a ladder truck, if I am aware of that, is like 45

2840
02:24:46,734 --> 02:24:51,066
to 55 feet long, how are you going

2841
02:24:51,066 --> 02:24:55,667
to maintain a, a good fire escape or

2842
02:24:55,734 --> 02:24:59,066
or accessibility to this building B.

2843
02:24:59,934 --> 02:25:03,000
So thank you. Safety is a big concern. Yeah.

2844
02:25:12,000 --> 02:25:13,533
- Hi, thanks for your time today.

2845
02:25:13,734 --> 02:25:16,000
My name is Whitney Vanel, formerly Whitney Paget.

2846
02:25:16,033 --> 02:25:18,533
I was honored to be the Vail New Year's baby in 1984.

2847
02:25:20,100 --> 02:25:23,266
My family's roots in Vail run very deep for generations.

2848
02:25:23,467 --> 02:25:25,700
Apollo Park has been part of the fabric of Vail

2849
02:25:25,834 --> 02:25:27,000
and part of my family's story.

2850
02:25:27,467 --> 02:25:29,700
As owners and families have returned year

2851
02:25:29,700 --> 02:25:31,500
after year supporting local businesses,

2852
02:25:31,900 --> 02:25:33,266
investing in the town's economy

2853
02:25:33,433 --> 02:25:36,133
and creating multi-generational traditions

2854
02:25:36,233 --> 02:25:39,000
and memories, we are deeply invested in Vail,

2855
02:25:39,000 --> 02:25:40,867
not just financially but also personally.

2856
02:25:41,433 --> 02:25:44,333
As I sat here today, I want to share one thing clearly.

2857
02:25:45,467 --> 02:25:47,500
We want Apollo Park to be beautiful.

2858
02:25:47,700 --> 02:25:49,567
We want it to reflect the high standards

2859
02:25:49,567 --> 02:25:51,100
and character that make Vail so special.

2860
02:25:51,867 --> 02:25:53,133
We wanna partner with the town

2861
02:25:53,133 --> 02:25:55,333
and the developer to update Apollo Park

2862
02:25:55,634 --> 02:25:57,100
and ensure it remains a place

2863
02:25:57,100 --> 02:25:59,000
where families can continue making memories

2864
02:25:59,133 --> 02:26:02,000
and investing in veil for generations to come.

2865
02:26:02,667 --> 02:26:05,934
Apollo Park has never opposed redevelop redevelopment.

2866
02:26:06,266 --> 02:26:08,233
We have spent time trying to collaborate

2867
02:26:08,233 --> 02:26:10,700
and partner with the developer to find a solution

2868
02:26:10,700 --> 02:26:13,000
that both benefits them and Apollo Park.

2869
02:26:13,500 --> 02:26:14,934
Unfortunately, that spirit

2870
02:26:14,934 --> 02:26:16,634
of partnership seems to have disappeared.

2871
02:26:17,266 --> 02:26:19,834
We are also asking, we are not asking

2872
02:26:19,900 --> 02:26:21,033
for you to stop the progress.

2873
02:26:21,433 --> 02:26:23,734
We are simply stating that Apollo Park needs

2874
02:26:23,734 --> 02:26:27,066
to have a seat at the table that includes Apollo's parking.

2875
02:26:27,433 --> 02:26:29,467
Just because it's to code with the Town

2876
02:26:29,467 --> 02:26:31,000
of Vail doesn't negate the fact

2877
02:26:31,000 --> 02:26:32,567
that there are fewer spots available

2878
02:26:32,734 --> 02:26:34,300
for Apollo Park residents.

2879
02:26:35,166 --> 02:26:38,300
Also future updates that also for the future updates

2880
02:26:38,300 --> 02:26:39,834
that need to happen to hope Paula Park,

2881
02:26:40,133 --> 02:26:42,634
that a solution is found here today.

2882
02:26:42,634 --> 02:26:44,333
That Respe respects the people

2883
02:26:44,467 --> 02:26:47,066
who have invested in this community for decades

2884
02:26:47,166 --> 02:26:50,033
and allows us to continue to partner with Vail's future.

2885
02:26:50,834 --> 02:26:53,033
We respect, we respectfully ask the council

2886
02:26:53,333 --> 02:26:56,367
to encourage a path that brings everyone back to the table

2887
02:26:56,834 --> 02:27:00,066
that protects the interest of all parties, not just one.

2888
02:27:00,233 --> 02:27:02,834
Thank you for your time. Thank you. Thank you.

2889
02:27:13,467 --> 02:27:16,266
Good afternoon. My name is Kim Paget

2890
02:27:16,734 --> 02:27:19,266
and my family moved here in 1978

2891
02:27:19,300 --> 02:27:22,100
and we've watched the Vail Valley grow into a family

2892
02:27:22,467 --> 02:27:23,467
friendly, beautiful,

2893
02:27:23,834 --> 02:27:26,500
and thoughtfully planned community that it is today.

2894
02:27:27,066 --> 02:27:30,133
My husband worked on many projects throughout Vail,

2895
02:27:30,133 --> 02:27:32,834
beaver Creek and Avon that reflected the character

2896
02:27:32,834 --> 02:27:34,000
of our mountain community.

2897
02:27:34,834 --> 02:27:38,500
We love the Swiss Val Village atmosphere

2898
02:27:38,767 --> 02:27:41,734
that attracts families, visitors from around the world,

2899
02:27:42,100 --> 02:27:44,066
movie stars, presidents,

2900
02:27:44,233 --> 02:27:47,700
and most importantly the locals who make this place special.

2901
02:27:48,467 --> 02:27:51,233
We were saddened to see Blue Cow Swiss Hotdog

2902
02:27:51,567 --> 02:27:52,667
restaurant close this week.

2903
02:27:53,033 --> 02:27:56,000
This year after 40 years as a family run business.

2904
02:27:56,634 --> 02:28:00,333
It reminded us how important it is to preserve the character

2905
02:28:00,333 --> 02:28:02,867
and the traditions that make Veil unique.

2906
02:28:03,567 --> 02:28:05,734
We have owned at Apollo Park for 38 years.

2907
02:28:06,133 --> 02:28:08,100
We brought our parents, our children,

2908
02:28:08,333 --> 02:28:12,066
and now our nine grandchildren here

2909
02:28:12,133 --> 02:28:13,500
to create memories together.

2910
02:28:13,900 --> 02:28:16,634
When we purchased our property, we understood

2911
02:28:17,100 --> 02:28:20,433
that the lease extended until 2077.

2912
02:28:21,066 --> 02:28:24,533
Giving future generations of our family the opportunity

2913
02:28:24,834 --> 02:28:26,700
to continue the the tradition.

2914
02:28:27,367 --> 02:28:30,033
We support remodeling and updating Apollo Park

2915
02:28:30,233 --> 02:28:32,767
and we want improvements that are fair to everyone.

2916
02:28:33,166 --> 02:28:35,834
But changing the terms that family relied on when they

2917
02:28:36,467 --> 02:28:38,100
invested here does not seem fair.

2918
02:28:39,033 --> 02:28:42,000
Vail has always been our home away from home.

2919
02:28:42,266 --> 02:28:44,066
We've, we've supported Apollo Park,

2920
02:28:44,333 --> 02:28:45,834
the concerts at Ford Park

2921
02:28:45,934 --> 02:28:48,867
and our local businesses for nearly 40 decades.

2922
02:28:49,867 --> 02:28:52,266
We've lost count of how many skis, parks,

2923
02:28:52,367 --> 02:28:54,634
and other gear we've purchased here over the years.

2924
02:28:55,033 --> 02:28:57,867
We simply ask that you honor the commitment made

2925
02:28:58,033 --> 02:28:59,634
to our family like ours

2926
02:28:59,700 --> 02:29:01,867
and help preserve the community we love.

2927
02:29:02,100 --> 02:29:03,233
So for so long,

2928
02:29:03,567 --> 02:29:05,634
because of our love for the Vail Valley,

2929
02:29:06,133 --> 02:29:09,266
all our four children have purchased Apollo Park units

2930
02:29:09,734 --> 02:29:12,233
and plan to continue visiting for years to come.

2931
02:29:12,900 --> 02:29:14,634
I'm very concerned about the parents

2932
02:29:14,667 --> 02:29:16,767
and the safety of the new proposal being

2933
02:29:17,066 --> 02:29:18,767
proposed, being represented.

2934
02:29:19,100 --> 02:29:21,367
Therefore I oppose this application

2935
02:29:21,567 --> 02:29:24,033
and respectfully ask that you deny it.

2936
02:29:24,300 --> 02:29:25,266
Thank you. Thank you.

2937
02:29:38,300 --> 02:29:42,266
Good afternoon. My name is Holly Hampel and my husband Scott

2938
02:29:42,266 --> 02:29:44,467
and I own two timeshares at Apollo Park.

2939
02:29:44,867 --> 02:29:47,233
We've owned one for nine years and the other for two years.

2940
02:29:47,900 --> 02:29:50,033
My family of 19 has been coming to Vail

2941
02:29:51,100 --> 02:29:52,367
for the summer vacations.

2942
02:29:52,367 --> 02:29:54,300
For most of us for the past 30 years.

2943
02:29:55,066 --> 02:29:56,867
We truly enjoy the Vail

2944
02:29:56,900 --> 02:29:59,667
and we supported the local community financially, not only

2945
02:29:59,667 --> 02:30:02,433
during the summer but also when we visit and pass through.

2946
02:30:02,834 --> 02:30:05,033
During the fall and winter months, we are writing

2947
02:30:05,100 --> 02:30:06,433
to express our opposition

2948
02:30:06,433 --> 02:30:08,266
to the proposed plans for Apollo Park.

2949
02:30:08,734 --> 02:30:11,734
We're particularly concerned about the significant

2950
02:30:11,867 --> 02:30:13,934
and significant reduction in parking

2951
02:30:14,333 --> 02:30:17,033
and the resulting challenges that may create

2952
02:30:17,066 --> 02:30:19,133
for the timeshare owners and visitors.

2953
02:30:19,834 --> 02:30:22,266
We also have serious concerns about safety

2954
02:30:22,333 --> 02:30:24,767
and access to our units as well as the potential

2955
02:30:24,767 --> 02:30:26,033
to impact our residents

2956
02:30:26,166 --> 02:30:28,700
and our senior citizens who rely on convenient

2957
02:30:28,900 --> 02:30:30,300
and safe access to the property.

2958
02:30:31,233 --> 02:30:33,634
We're also concerned about the future plans of

2959
02:30:33,634 --> 02:30:35,233
for the buildings and the potential changes

2960
02:30:35,333 --> 02:30:38,000
to the management and owner ownership

2961
02:30:38,834 --> 02:30:40,500
of the association moving forward.

2962
02:30:41,000 --> 02:30:44,533
These decisions have significant impact on many timeshare

2963
02:30:44,533 --> 02:30:46,033
owners who come to Vail each year.

2964
02:30:47,133 --> 02:30:48,734
These are families, couples

2965
02:30:48,734 --> 02:30:51,533
and individuals who work hard to be able

2966
02:30:51,533 --> 02:30:53,433
to enjoy time in a place they love.

2967
02:30:54,133 --> 02:30:55,667
We understand that Vail is growing

2968
02:30:55,667 --> 02:30:57,166
and changes may be necessary,

2969
02:30:57,166 --> 02:30:59,734
however, to, we do hope

2970
02:30:59,767 --> 02:31:03,367
that in any future development we pre preserve the character

2971
02:31:03,367 --> 02:31:06,667
and the beauty of Vail while ensuring the, the buildings

2972
02:31:06,667 --> 02:31:08,500
and surrounding areas function safely

2973
02:31:08,634 --> 02:31:10,266
and effectively for everyone involved.

2974
02:31:10,734 --> 02:31:14,000
We do not want to see Vail become overdeveloped

2975
02:31:14,066 --> 02:31:16,934
or lose the qualities that make it such a special place.

2976
02:31:17,533 --> 02:31:21,066
Our family genuinely cares about Vail and the Apollo Park

2977
02:31:21,100 --> 02:31:23,100
and we want to see both continue to thrive

2978
02:31:23,166 --> 02:31:24,533
for generations to come.

2979
02:31:25,066 --> 02:31:27,000
We would welcome the opportunity to work together

2980
02:31:27,000 --> 02:31:28,367
and partner with the Town of Vail

2981
02:31:28,367 --> 02:31:30,700
and the other parties involved in the project

2982
02:31:30,834 --> 02:31:33,333
to find solutions that best address the concerns

2983
02:31:33,333 --> 02:31:35,133
of our timeshare owners, our residents,

2984
02:31:35,133 --> 02:31:36,333
and the broader community.

2985
02:31:36,734 --> 02:31:38,867
We respectfully oppose the plans

2986
02:31:38,867 --> 02:31:40,700
that they're currently presenting

2987
02:31:40,700 --> 02:31:43,734
and hoping that our concerns regarding safety,

2988
02:31:43,867 --> 02:31:45,033
accessibility, parking,

2989
02:31:45,133 --> 02:31:48,000
and the future of Apollo Park will be carefully considered.

2990
02:31:48,467 --> 02:31:51,066
Mostly, most importantly, we hope that Paula Park,

2991
02:31:51,033 --> 02:31:54,000
timeshare owners and owners will be included in the process

2992
02:31:55,000 --> 02:31:58,266
and given meaningfully meaningful opportunity

2993
02:31:58,367 --> 02:32:02,133
to participate in decisions that directly affect the future

2994
02:32:02,233 --> 02:32:04,867
of Apollo Park and the land that we have invested in

2995
02:32:05,100 --> 02:32:06,467
and cared about for so many years.

2996
02:32:06,734 --> 02:32:08,000
Thank you. Thank you.

2997
02:32:20,033 --> 02:32:21,433
Hi, my name is Lacey Bruno.

2998
02:32:21,634 --> 02:32:26,133
I'm from Olathe, Kansas and I'm also an owner at Apollo Park

2999
02:32:26,500 --> 02:32:28,834
and you've heard from basically my whole family already,

3000
02:32:29,367 --> 02:32:30,266
but I just wanna add,

3001
02:32:51,500 --> 02:32:51,934
sorry.

3002
02:32:52,367 --> 02:32:54,734
- That's fine. - We live nine hours away

3003
02:32:57,667 --> 02:33:01,033
and we're a blended family so the time that we have

3004
02:33:01,033 --> 02:33:03,100
with my stepdaughters is very special to us

3005
02:33:04,266 --> 02:33:07,734
And this is one week where we don't have to split time.

3006
02:33:08,266 --> 02:33:11,133
It's not like a holiday or a birthday where you know,

3007
02:33:11,133 --> 02:33:12,300
the girls have to go to their mom's

3008
02:33:12,300 --> 02:33:14,133
for a certain portion, then they come to us.

3009
02:33:15,100 --> 02:33:16,133
This is a week where we get

3010
02:33:16,133 --> 02:33:19,367
to help them understand they're loved and they belong.

3011
02:33:20,066 --> 02:33:24,133
You know, this is un unrestricted time and it's always ours

3012
02:33:24,634 --> 02:33:27,033
and as you've heard from my family, we've been here for

3013
02:33:27,700 --> 02:33:29,033
nearly 44 decades.

3014
02:33:29,133 --> 02:33:32,667
Right. And this is a a time where not just them

3015
02:33:32,667 --> 02:33:36,867
but also my sons get to get to come and be a part, you know,

3016
02:33:36,867 --> 02:33:38,934
because we can't just go to the meets

3017
02:33:38,934 --> 02:33:41,667
or the, the swim meets the place we come

3018
02:33:41,867 --> 02:33:43,734
and my son, he's four

3019
02:33:43,834 --> 02:33:46,734
and if you know, the average 4-year-old asks between two

3020
02:33:47,066 --> 02:33:50,233
and 300 questions a day and he does that.

3021
02:33:50,367 --> 02:33:52,300
Where's N and Papa? Are they coming for dinner?

3022
02:33:53,000 --> 02:33:55,133
Where's the cousins? I want to go to the park.

3023
02:33:55,300 --> 02:33:56,934
Can we go say goodnight to them?

3024
02:33:57,166 --> 02:34:00,066
These are things that help develop and grow relationship

3025
02:34:00,433 --> 02:34:03,033
and so obviously I can agree

3026
02:34:03,033 --> 02:34:05,634
with all the things about the building, I just ask

3027
02:34:05,634 --> 02:34:07,667
that you would consider the families that are being affected

3028
02:34:07,667 --> 02:34:10,133
by this because it's much more than just a property.

3029
02:34:11,233 --> 02:34:12,767
- Thank you. Thank you. Thank you.

3030
02:34:28,700 --> 02:34:31,100
- Hello, my name is Lisa Patton

3031
02:34:31,367 --> 02:34:36,100
and I've been a homeowner there, share owner

3032
02:34:37,100 --> 02:34:38,333
since 79.

3033
02:34:38,867 --> 02:34:41,700
And so it's been about 45, 46 years.

3034
02:34:43,266 --> 02:34:46,567
I have my, my daughter who is now actually on the board

3035
02:34:48,100 --> 02:34:49,867
was nine when we bought the unit

3036
02:34:50,667 --> 02:34:52,934
and currently she has a unit

3037
02:34:53,900 --> 02:34:56,266
and my granddaughter has a unit in addition

3038
02:34:56,266 --> 02:34:57,834
to my husband's and money.

3039
02:34:59,266 --> 02:35:02,300
And I think that I agree with everything everybody's saying.

3040
02:35:03,100 --> 02:35:06,433
We do not oppose a development,

3041
02:35:06,567 --> 02:35:10,000
but we feel that we have been now not included.

3042
02:35:11,100 --> 02:35:13,734
I have very big concerns, I'm an engineer

3043
02:35:14,066 --> 02:35:18,033
and I've been, I mean, experienced with constructions

3044
02:35:20,133 --> 02:35:24,000
and I do not see Immediately

3045
02:35:24,233 --> 02:35:28,700
how we would be able to improve our property in the,

3046
02:35:29,000 --> 02:35:33,500
the near or even much distant future with this being

3047
02:35:35,066 --> 02:35:36,333
built right in front of us.

3048
02:35:36,433 --> 02:35:39,433
And we don't, I don't know how they would do the staging

3049
02:35:39,634 --> 02:35:42,533
and, and bring the equipment in and all that.

3050
02:35:42,734 --> 02:35:45,333
So I think that there are a lot of things

3051
02:35:45,333 --> 02:35:47,500
that haven't been addressed with this

3052
02:35:47,500 --> 02:35:51,767
because we have been eliminated from the picture of the,

3053
02:35:53,300 --> 02:35:55,533
of course I have issue, we've always had issues

3054
02:35:55,533 --> 02:36:00,100
with the parking and we, you know, you can't have,

3055
02:36:00,066 --> 02:36:01,834
it's just one per per unit.

3056
02:36:02,133 --> 02:36:04,066
So now without one per unit

3057
02:36:04,634 --> 02:36:06,333
that will be even a larger problem.

3058
02:36:09,133 --> 02:36:11,100
So that is, that's my thought

3059
02:36:11,266 --> 02:36:15,700
and I believe that there's, you know, 1700 of us that are

3060
02:36:16,533 --> 02:36:19,867
probably very similar minded in this respect.

3061
02:36:20,166 --> 02:36:23,467
So I appreciate, thank you for listening. Thank you.

3062
02:36:37,100 --> 02:36:37,834
- Alright. Hi,

3063
02:36:41,867 --> 02:36:46,367
- My name is Tony De and I own five units in the Palo Park

3064
02:36:47,467 --> 02:36:49,500
and over the last six months

3065
02:36:50,934 --> 02:36:55,033
or longer I have been trying to figure out

3066
02:36:55,634 --> 02:36:59,500
what's been presented from Lunar Vale to Apollo Park

3067
02:37:01,133 --> 02:37:03,233
who has privilege to that information.

3068
02:37:05,533 --> 02:37:10,233
And it's been difficult for me to, as an owner to

3069
02:37:11,300 --> 02:37:16,266
get that information from Apollo Park, whether it's the,

3070
02:37:16,667 --> 02:37:20,333
the board or I was told that we

3071
02:37:21,133 --> 02:37:24,066
hired someone that was a developer,

3072
02:37:25,433 --> 02:37:29,367
but Harrison h is our accountant

3073
02:37:30,500 --> 02:37:35,066
and he won't tell me the names of the board of directors.

3074
02:37:37,000 --> 02:37:39,700
I've emailed info at Apollo Park

3075
02:37:40,500 --> 02:37:43,934
and Harrison H on several occasions.

3076
02:37:45,066 --> 02:37:49,033
I still honestly don't know the names of the board members.

3077
02:37:50,100 --> 02:37:52,767
The guy that came up that said he was the president,

3078
02:37:53,333 --> 02:37:56,233
that's the first time I've seen or heard of him

3079
02:37:57,133 --> 02:38:00,367
and he said his name so fast I didn't even get it.

3080
02:38:01,133 --> 02:38:04,233
So right now I don't see how,

3081
02:38:05,033 --> 02:38:07,033
who is representing Apollo Park.

3082
02:38:08,033 --> 02:38:09,233
That's what I want to know.

3083
02:38:11,066 --> 02:38:13,433
Where are the minutes to the discussions

3084
02:38:13,767 --> 02:38:15,000
between the board members?

3085
02:38:17,634 --> 02:38:18,867
Do we have someone hired?

3086
02:38:19,033 --> 02:38:21,333
So, sorry, what's the name of the law firm? This

3087
02:38:21,333 --> 02:38:22,333
- Is public comment.

3088
02:38:22,333 --> 02:38:24,066
We, it's, we don't engage in back and forth.

3089
02:38:24,066 --> 02:38:25,100
If you have some questions, we

3090
02:38:25,100 --> 02:38:26,100
- Can.

3091
02:38:26,100 --> 02:38:28,634
Okay, so that's my public comments is there's a serious lack

3092
02:38:28,667 --> 02:38:32,500
of information distributed to the owners

3093
02:38:32,667 --> 02:38:37,266
of Apollo Park to be able to comment on the seriousness

3094
02:38:38,066 --> 02:38:41,900
of the legitimate proposal that Lunar Vale is making,

3095
02:38:42,767 --> 02:38:45,100
which is their right.

3096
02:38:45,066 --> 02:38:47,734
And I, I think that they're good operators

3097
02:38:48,700 --> 02:38:52,767
but Apollo Park has some decisions to make,

3098
02:38:52,834 --> 02:38:57,066
whether they want to be a part of fixing up those buildings

3099
02:38:57,100 --> 02:38:59,900
and modernizing them or doing a tear down.

3100
02:39:02,300 --> 02:39:05,300
But I don't see the, the connection,

3101
02:39:05,767 --> 02:39:10,133
I don't see the information being distributed to owners and

3102
02:39:10,033 --> 02:39:13,533
or the public however it's supposed to be legally.

3103
02:39:14,900 --> 02:39:18,767
So I am still at a loss as to how

3104
02:39:18,767 --> 02:39:22,667
to make a final decision. Thank you. Thank you.

3105
02:39:22,834 --> 02:39:23,133
- Thank you.

3106
02:39:32,233 --> 02:39:33,533
Hi, I am Tyler Paget

3107
02:39:33,533 --> 02:39:35,033
and I swear I'll be the last pageant

3108
02:39:35,033 --> 02:39:36,100
that you guys have to talk to today.

3109
02:39:37,734 --> 02:39:39,266
Unlike the rest of my family, I fought

3110
02:39:39,266 --> 02:39:40,300
for my unit for 10 years.

3111
02:39:41,066 --> 02:39:42,734
It took a long time for me to get up here

3112
02:39:43,166 --> 02:39:44,734
and to get my family into a unit.

3113
02:39:46,000 --> 02:39:49,000
I've been an electrical electrician, excuse me,

3114
02:39:49,133 --> 02:39:50,367
for the last 25 years

3115
02:39:50,934 --> 02:39:53,767
and I'm now a superintendent down at DIA at the

3116
02:39:53,767 --> 02:39:57,133
international airport and I do tons and tons of projects and

3117
02:39:57,166 --> 02:39:58,834
whenever we start looking at a project, one

3118
02:39:58,834 --> 02:39:59,834
of the main concerns is

3119
02:39:59,867 --> 02:40:01,734
how are we gonna work our ourself out?

3120
02:40:02,467 --> 02:40:04,867
Right? We don't ever wanna work ourselves into a corner,

3121
02:40:04,867 --> 02:40:06,300
we wanna work ourselves out of a corner.

3122
02:40:07,100 --> 02:40:09,634
And my request is, is that as the council

3123
02:40:09,634 --> 02:40:12,033
that you guys look at this development

3124
02:40:12,100 --> 02:40:16,066
with a logical viewpoint of how is Apollo Park going

3125
02:40:16,066 --> 02:40:17,233
to ever develop, right?

3126
02:40:17,333 --> 02:40:19,333
Are we going to become an eyesore, right?

3127
02:40:19,333 --> 02:40:21,266
Because then we become a bigger problem, right?

3128
02:40:21,266 --> 02:40:23,066
That has to be fixed later on down the road.

3129
02:40:23,500 --> 02:40:25,567
And if we're not able to collaborate

3130
02:40:25,567 --> 02:40:27,000
with the developer at this point in time

3131
02:40:27,367 --> 02:40:31,066
and begin to develop some of those things, now when are we,

3132
02:40:31,333 --> 02:40:33,467
because we're right there on the edge, we're right next

3133
02:40:33,467 --> 02:40:36,033
to Gore Creek and we don't want to impede on that, right?

3134
02:40:36,100 --> 02:40:39,033
We don't want to have to, there's no way we can ever develop

3135
02:40:39,133 --> 02:40:40,700
fully and with a proper

3136
02:40:40,834 --> 02:40:43,100
and a good way of actually getting ourselves out of

3137
02:40:43,100 --> 02:40:45,300
that corner unless we do it

3138
02:40:45,367 --> 02:40:47,066
with the developer at this point in time.

3139
02:40:47,900 --> 02:40:49,634
So I ask that you guys would please look at that

3140
02:40:49,934 --> 02:40:52,266
with a a logical standpoint of how are we going

3141
02:40:52,266 --> 02:40:55,033
to get Apollo Apollo park up to the wonderful

3142
02:40:55,033 --> 02:40:57,033
and beautiful standards that the rest available is at.

3143
02:40:58,033 --> 02:40:59,066
Thank you. Thank you.

3144
02:41:07,100 --> 02:41:08,567
Is there a further public comment in the room

3145
02:41:12,934 --> 02:41:14,233
if there's no further comment in

3146
02:41:14,233 --> 02:41:15,367
the room, we will go online.

3147
02:41:16,100 --> 02:41:17,367
Are there hands raised online?

3148
02:41:19,934 --> 02:41:23,934
- Yes, there are hands getting raised right now.

3149
02:41:24,100 --> 02:41:28,000
I have 14 hands raised. Okay. Oh 15.

3150
02:41:31,367 --> 02:41:32,867
I will just start promoting.

3151
02:41:33,233 --> 02:41:34,567
Yep, just go down the line more come up.

3152
02:41:34,567 --> 02:41:36,367
We will just promote them. So understood.

3153
02:41:39,133 --> 02:41:41,367
Todd, Todd, I've promoted you to,

3154
02:41:41,467 --> 02:41:43,567
to speak if you wanna state your name for the record.

3155
02:41:44,867 --> 02:41:45,000
- I,

3156
02:41:51,734 --> 02:41:52,734
- Hi Todd, you're promoted.

3157
02:41:52,834 --> 02:41:55,433
If you can state your name, you can state your comments.

3158
02:42:02,333 --> 02:42:04,033
Todd, we, we can't hear you.

3159
02:42:05,033 --> 02:42:07,667
You may be muted if we move on

3160
02:42:07,667 --> 02:42:09,734
to the next person you can raise your hand if you want

3161
02:42:09,734 --> 02:42:12,300
to try again, if you can unmute your, your system.

3162
02:42:17,166 --> 02:42:18,367
- Dan I'm gonna promote you.

3163
02:42:18,767 --> 02:42:20,133
Please state your name for the record.

3164
02:42:21,367 --> 02:42:23,266
- Hi, can you hear me? - We can. Thank you.

3165
02:42:24,367 --> 02:42:26,533
- Hi, my name is Dan Wolf and my wife Carol

3166
02:42:26,533 --> 02:42:30,433
and I own number 3 0 3 at Vail Mountain View residence.

3167
02:42:30,734 --> 02:42:33,033
I'm also a member of our HOA board.

3168
02:42:34,133 --> 02:42:38,066
Despite the minimization of the variations

3169
02:42:39,100 --> 02:42:43,867
that are being requested by both by your staff and by Mr.

3170
02:42:43,934 --> 02:42:45,667
Ruther, the applicant is asking

3171
02:42:45,734 --> 02:42:49,433
for massive zoning variations which don't fit

3172
02:42:49,433 --> 02:42:51,033
with the character of our neighborhood.

3173
02:42:51,934 --> 02:42:54,133
They're back to the PEC with a proposal

3174
02:42:54,000 --> 02:42:55,433
that has a similar number

3175
02:42:55,634 --> 02:42:58,433
and size of variations as the earlier proposal

3176
02:42:58,567 --> 02:43:01,033
that was rejected by the Town Council on

3177
02:43:01,033 --> 02:43:02,133
June 6th of this year.

3178
02:43:03,133 --> 02:43:06,367
To me that seems to show a lack of respect for the PEC,

3179
02:43:06,467 --> 02:43:08,500
the Town Council, the neighbors

3180
02:43:08,934 --> 02:43:10,300
and the process in general

3181
02:43:11,066 --> 02:43:14,634
under the current high density multifamily zoning rules.

3182
02:43:15,066 --> 02:43:19,934
SDD number 44 is entitled to exactly zero square feet

3183
02:43:19,934 --> 02:43:21,233
of new GRFA.

3184
02:43:22,000 --> 02:43:24,100
So 100% of the new GRFA

3185
02:43:24,333 --> 02:43:27,467
that the developer is requesting is in excess of

3186
02:43:27,467 --> 02:43:30,100
what the zoning rules allow on that property.

3187
02:43:31,066 --> 02:43:33,133
In addition, I'd like to compare the number

3188
02:43:33,166 --> 02:43:35,467
and size of variations being requested

3189
02:43:36,700 --> 02:43:38,634
with SDD number 44

3190
02:43:38,900 --> 02:43:41,767
with SD number 42 which was mentioned earlier,

3191
02:43:44,266 --> 02:43:48,500
that which which was for the approval

3192
02:43:48,634 --> 02:43:53,100
to enable development of the neighboring Altus building it.

3193
02:43:53,433 --> 02:43:54,634
As far as I know the,

3194
02:43:54,834 --> 02:43:57,634
the Vail Mountain View residence was not included in

3195
02:43:57,634 --> 02:44:00,934
that there were no variations required for the the

3196
02:44:01,834 --> 02:44:03,333
construction of VMVR

3197
02:44:06,500 --> 02:44:08,100
with SDD 44,

3198
02:44:10,100 --> 02:44:12,166
although it was ultimately re approved.

3199
02:44:12,667 --> 02:44:15,266
There are many who believe that Altus is too big

3200
02:44:15,300 --> 02:44:17,433
and too tall for that site.

3201
02:44:17,767 --> 02:44:19,834
So let's look at SD number 42.

3202
02:44:19,834 --> 02:44:23,867
At Altus it required four variances with an average variance

3203
02:44:23,867 --> 02:44:28,133
of 35% from the zoning codes or rules.

3204
02:44:29,000 --> 02:44:32,266
SD number 44 lunar park requires five variances

3205
02:44:32,634 --> 02:44:33,834
with an average size

3206
02:44:33,834 --> 02:44:37,233
of 73% in variance from the zoning rules.

3207
02:44:37,834 --> 02:44:40,266
So about twice that which is required.

3208
02:44:42,266 --> 02:44:46,133
Those major variances include height at 45% over

3209
02:44:46,867 --> 02:44:49,700
GRFA at 63% over, which will actually

3210
02:44:50,367 --> 02:44:55,133
it sounds like increase if there's option two is is taken on

3211
02:44:55,133 --> 02:45:00,066
the EH u and the density at 83% that doesn't square

3212
02:45:00,066 --> 02:45:02,367
with the development that fits with the character

3213
02:45:02,367 --> 02:45:03,367
of the neighborhood.

3214
02:45:04,066 --> 02:45:06,900
And we would ask that PEC recommend the denial

3215
02:45:06,900 --> 02:45:09,133
of SD number 44 at least

3216
02:45:09,266 --> 02:45:12,133
until the applicant addresses the neighbor's issues.

3217
02:45:12,300 --> 02:45:13,300
Thank you.

3218
02:45:13,867 --> 02:45:14,233
- Thank you

3219
02:45:20,266 --> 02:45:23,133
- Bill, I'm going to promote you to talk if you'd like

3220
02:45:23,133 --> 02:45:24,467
to state your name for the record please.

3221
02:45:31,700 --> 02:45:33,567
- Bill, you've been promoted. If you can state your name.

3222
02:45:33,567 --> 02:45:35,000
Oh, I think, I think we had you there

3223
02:45:35,867 --> 02:45:36,867
- Bill Crawford.

3224
02:45:37,233 --> 02:45:41,000
Okay, good. A good afternoon. I'm, my name is Bill Crawford.

3225
02:45:41,300 --> 02:45:43,133
I'm here today to speak about the second

3226
02:45:43,066 --> 02:45:45,734
of four major issues with lunar BA's application.

3227
02:45:46,900 --> 02:45:50,567
It's it, it's interference with the rights

3228
02:45:50,567 --> 02:45:52,133
of Apollo Park and our neighbors.

3229
02:45:52,000 --> 02:45:55,100
The Vail time code states that lunar BA's application must

3230
02:45:55,734 --> 02:45:59,166
propose uses activity density which provide a capable,

3231
02:46:00,500 --> 02:46:03,433
efficient and workable relationship with surrounding uses.

3232
02:46:03,433 --> 02:46:05,734
Simply put, the application does not indicate

3233
02:46:05,734 --> 02:46:07,700
that Lunar Vale is interested in the relationship

3234
02:46:08,166 --> 02:46:10,533
that is compatible, efficient or workable.

3235
02:46:10,767 --> 02:46:13,233
First, the application would temporarily eliminate all

3236
02:46:13,233 --> 02:46:14,500
parking and pool access

3237
02:46:14,934 --> 02:46:16,867
for Apollo Park for two or more years.

3238
02:46:17,100 --> 02:46:19,333
It does not represent any plan from where

3239
02:46:20,266 --> 02:46:21,300
residents are supposed to park

3240
02:46:21,300 --> 02:46:22,867
during construction of the new building.

3241
02:46:24,100 --> 02:46:26,867
This function makes our buildings unusable for large number

3242
02:46:26,934 --> 02:46:30,100
of our residents for an undefined period of time.

3243
02:46:30,834 --> 02:46:33,100
Second, following construction of the new building,

3244
02:46:33,166 --> 02:46:35,934
the plant permanently eliminates nearly 25%

3245
02:46:35,934 --> 02:46:39,000
of the power park's existing parking spots.

3246
02:46:39,667 --> 02:46:41,000
And lastly, most importantly,

3247
02:46:41,233 --> 02:46:43,700
the application would impair a power park's ability

3248
02:46:43,700 --> 02:46:46,000
to develop our property in the future.

3249
02:46:47,066 --> 02:46:48,867
We are 50 years into a ground lease

3250
02:46:48,867 --> 02:46:50,467
with another 50 years to go.

3251
02:46:50,834 --> 02:46:52,834
During this time Apollo Park is supposed

3252
02:46:52,834 --> 02:46:54,867
to have exclusive control of the property.

3253
02:46:55,767 --> 02:46:58,266
Approval of this application will make it dramatically more

3254
02:46:58,266 --> 02:47:00,500
difficult, if not impossible for us

3255
02:47:00,500 --> 02:47:02,567
to design a workable redevelopment plan.

3256
02:47:03,367 --> 02:47:07,033
Situations like this are exactly why the code does not allow

3257
02:47:07,033 --> 02:47:08,834
unilateral development applications

3258
02:47:08,900 --> 02:47:11,000
and instead requires consent from all owners.

3259
02:47:11,700 --> 02:47:14,033
The application should not be viewed in a vacuum.

3260
02:47:14,500 --> 02:47:17,934
This is a once in a 50 year opportunity for the PEC to think

3261
02:47:17,934 --> 02:47:20,934
outside the box and look at the property in its entirety.

3262
02:47:21,500 --> 02:47:26,033
Lunar Vale is asking the town of Vail for huge variances

3263
02:47:26,033 --> 02:47:28,767
of mass density, height, and setback requirements.

3264
02:47:29,100 --> 02:47:33,033
It should therefore not be too much asked for the PC two PC

3265
02:47:33,834 --> 02:47:37,066
PEC to request Luna Vale develop a comprehensive plan

3266
02:47:37,100 --> 02:47:40,867
for Apol Park and the Town of Vail for the entire property.

3267
02:47:41,500 --> 02:47:43,934
If you approved of shortsighted single development,

3268
02:47:43,934 --> 02:47:47,333
you inevitably or the inevitable mass density, height

3269
02:47:47,333 --> 02:47:49,100
and setback requirements needed to

3270
02:47:50,934 --> 02:47:53,000
redevelop a power park would make it prohibitive.

3271
02:47:53,700 --> 02:47:56,467
You also subject the residents of Mountain View Altus,

3272
02:47:56,467 --> 02:47:58,066
the rent and the thousand people

3273
02:47:58,066 --> 02:48:00,934
who use the Gore Creek pathway every day

3274
02:48:00,934 --> 02:48:02,100
to access the ball fields.

3275
02:48:02,133 --> 02:48:04,367
Betty Ford Gardens the Amphi, the

3276
02:48:05,066 --> 02:48:08,867
to view an old outdated building constructed in the 1970s

3277
02:48:09,233 --> 02:48:10,734
for the next 51 years.

3278
02:48:11,367 --> 02:48:13,033
Is this really the best long-term

3279
02:48:13,133 --> 02:48:15,100
interest for the Town of Vail? Thank you.

3280
02:48:16,000 --> 02:48:19,700
- Thank you. Can we promote the next person?

3281
02:48:20,433 --> 02:48:22,367
Yes Steve, I'm going to promote you.

3282
02:48:22,367 --> 02:48:23,634
Please state your name for the record.

3283
02:48:31,266 --> 02:48:33,133
Steve, you've been promoted. If you could state your name,

3284
02:48:33,166 --> 02:48:34,333
you can give us your comments

3285
02:48:39,166 --> 02:48:41,634
- After I press the unmute button. That should be better.

3286
02:48:41,867 --> 02:48:44,367
- You've got you now. - Sorry.

3287
02:48:44,867 --> 02:48:46,634
Good afternoon members of the commission.

3288
02:48:46,734 --> 02:48:48,033
My name is Steve Shaver

3289
02:48:48,033 --> 02:48:50,634
and I'm in a, I'm an Apol Park board member.

3290
02:48:51,634 --> 02:48:54,500
I'm going to speak today about a major issue

3291
02:48:54,500 --> 02:48:55,900
with the lunar Vail application.

3292
02:48:56,066 --> 02:48:59,266
It's failure to conform with the Vail Village Master plan.

3293
02:49:01,867 --> 02:49:05,867
As you, as you already know,

3294
02:49:06,133 --> 02:49:09,300
the Bell Village plan is a planning document that

3295
02:49:10,300 --> 02:49:12,467
lays out both broad goals for Vail Village

3296
02:49:13,100 --> 02:49:15,100
and specific development guidelines

3297
02:49:15,333 --> 02:49:17,567
for certain sub areas of the town.

3298
02:49:18,834 --> 02:49:20,700
The lunar Vail application acknowledges

3299
02:49:20,700 --> 02:49:22,700
that our property is subject to the guidelines

3300
02:49:22,700 --> 02:49:26,033
of the master plans east frontage road sub area,

3301
02:49:27,100 --> 02:49:29,300
but it fails to address its non-conformance.

3302
02:49:29,300 --> 02:49:32,033
With those guidelines specifically,

3303
02:49:32,133 --> 02:49:34,500
there are three design criteria pertinent

3304
02:49:34,667 --> 02:49:37,934
to parking lot infill projects in this sub area

3305
02:49:38,000 --> 02:49:39,767
that the application fails to satisfy.

3306
02:49:41,000 --> 02:49:42,834
First, the master plan states

3307
02:49:42,834 --> 02:49:44,567
that building heights should be limited.

3308
02:49:45,266 --> 02:49:47,700
So it is not to impede views of Vail Village

3309
02:49:48,233 --> 02:49:50,100
and Vail Mountain from the frontage road.

3310
02:49:51,567 --> 02:49:52,734
As already discussed.

3311
02:49:53,333 --> 02:49:56,634
The ab, the application does not limit building height.

3312
02:49:59,133 --> 02:50:03,634
It blocks view corridors and absolutely dwarfs Apollo Park.

3313
02:50:05,000 --> 02:50:06,867
Second, the master plan states

3314
02:50:06,867 --> 02:50:09,100
that buildings should be designed to step back

3315
02:50:09,500 --> 02:50:11,333
from the frontage road to prevent sun

3316
02:50:11,333 --> 02:50:13,033
and shade impacts on the road.

3317
02:50:13,934 --> 02:50:16,100
The proposed building is not stepped back.

3318
02:50:16,700 --> 02:50:19,300
The town can therefore expect unwanted shade impacts

3319
02:50:20,133 --> 02:50:21,166
on the frontage road.

3320
02:50:22,266 --> 02:50:24,100
Third, the master plan states

3321
02:50:24,100 --> 02:50:27,300
that any new development should include a substantial

3322
02:50:27,900 --> 02:50:30,033
landscape buffer between the new building

3323
02:50:30,467 --> 02:50:31,500
and the frontage road.

3324
02:50:32,667 --> 02:50:35,634
In this case, the lunar VA application proposes the smallest

3325
02:50:35,634 --> 02:50:38,300
allowable buffer area with only four

3326
02:50:38,300 --> 02:50:43,100
or five trees as the landscaping that is hardly substantial.

3327
02:50:44,900 --> 02:50:46,367
None of these problems are inherent

3328
02:50:46,500 --> 02:50:48,000
to developing this property,

3329
02:50:48,500 --> 02:50:51,133
but they are inherent to this specific application.

3330
02:50:52,133 --> 02:50:55,433
If lunar Vail would again work with us,

3331
02:50:56,066 --> 02:50:59,133
there could be more flexibility in site design

3332
02:51:00,066 --> 02:51:03,567
that addresses the master plan issues of scale, character

3333
02:51:03,767 --> 02:51:05,166
and pragmatic land use.

3334
02:51:06,066 --> 02:51:08,433
Thank you for your time. Thank

3335
02:51:08,433 --> 02:51:11,133
you Cole. Keep

3336
02:51:11,133 --> 02:51:12,133
- With the next person please.

3337
02:51:13,033 --> 02:51:14,700
- Yes, I'm gonna promote Andy to talk.

3338
02:51:15,000 --> 02:51:16,266
Andy, if you can state your name for the record.

3339
02:51:18,834 --> 02:51:22,567
- Yes, can you hear me? We can. Great. Good afternoon.

3340
02:51:22,567 --> 02:51:24,667
Members of the PEC, I'm Andy Peters,

3341
02:51:25,000 --> 02:51:26,867
I'm land use counsel for Apollo Park.

3342
02:51:27,333 --> 02:51:30,000
You've heard from numerous owners at Apollo Park today,

3343
02:51:30,533 --> 02:51:33,700
not neighbors, but owners that share a development parcel

3344
02:51:33,734 --> 02:51:36,166
with the applicant and who must live under the standards

3345
02:51:36,867 --> 02:51:38,066
PEC recommends today.

3346
02:51:38,934 --> 02:51:40,166
So as legal counsel I want

3347
02:51:40,166 --> 02:51:42,634
to emphasize just two points for your consideration.

3348
02:51:43,900 --> 02:51:48,634
First section 12 nine A eight sub three

3349
02:51:48,900 --> 02:51:51,266
requires compliance with parking

3350
02:51:51,333 --> 02:51:53,500
and loading requirements is outlined in chapter

3351
02:51:53,567 --> 02:51:54,734
10 of billing use code.

3352
02:51:56,000 --> 02:51:58,734
It's the applicant's burden to demonstrate that compliance

3353
02:51:59,000 --> 02:52:04,133
and the parking table included on page 45 of the applicant.

3354
02:52:04,133 --> 02:52:07,000
Narrative doesn't show that even though the applicant says

3355
02:52:07,734 --> 02:52:11,734
no deviation, so even though the GRFA works out

3356
02:52:11,734 --> 02:52:14,533
to over 2000 square feet a unit acknowledging

3357
02:52:14,533 --> 02:52:16,033
that there's some square footage for other things

3358
02:52:16,867 --> 02:52:17,934
that would require two

3359
02:52:17,934 --> 02:52:22,100
and a half spaces a unit not two as presented here.

3360
02:52:22,100 --> 02:52:23,133
And there's nothing that suggests

3361
02:52:23,133 --> 02:52:25,467
what the sizes are in the application.

3362
02:52:25,467 --> 02:52:26,934
So it's, there's just nothing in the record

3363
02:52:26,934 --> 02:52:30,266
that really shows on the employee housing units.

3364
02:52:30,634 --> 02:52:32,000
It just says one per unit.

3365
02:52:32,100 --> 02:52:33,500
But again chapter 10 says

3366
02:52:33,500 --> 02:52:35,533
that employee housing units are required

3367
02:52:35,533 --> 02:52:38,066
to follow the same standards as other square footages

3368
02:52:38,066 --> 02:52:41,133
and in section B or in schedule B.

3369
02:52:42,066 --> 02:52:43,467
And then as you've heard from a number

3370
02:52:43,467 --> 02:52:46,333
of Apollo Apollo park owners, this is going

3371
02:52:46,333 --> 02:52:47,734
to permanently eliminate parking.

3372
02:52:47,867 --> 02:52:50,000
And I was, I was careful in using that term

3373
02:52:50,000 --> 02:52:53,033
because as you heard George say there's 40 to 43 spaces.

3374
02:52:53,533 --> 02:52:57,100
It's in fact 44 spaces currently devoted to Apollo Park.

3375
02:52:57,934 --> 02:53:01,834
But complying with the current code requirements drops that

3376
02:53:01,867 --> 02:53:03,000
to three six spaces.

3377
02:53:03,166 --> 02:53:07,133
So this is a permanent elimination of spaces dedicated

3378
02:53:07,133 --> 02:53:09,500
to Apollo Park and that matters

3379
02:53:09,500 --> 02:53:12,066
because the applicant's just unilaterally taking away

3380
02:53:12,133 --> 02:53:14,900
parking and can't show

3381
02:53:14,900 --> 02:53:18,166
that it even meets the minimum parking spaces in turn.

3382
02:53:18,900 --> 02:53:20,767
So it's an underpowered building

3383
02:53:21,133 --> 02:53:23,166
and Apollo Park owners might simply be turned away.

3384
02:53:24,166 --> 02:53:26,033
Now second, you heard

3385
02:53:26,033 --> 02:53:28,533
that Apollo park's included in this district

3386
02:53:28,533 --> 02:53:30,734
and you heard that the town attorney says

3387
02:53:30,734 --> 02:53:34,033
that we can't withdraw consent to an application.

3388
02:53:34,767 --> 02:53:36,567
But even setting aside, you know

3389
02:53:36,634 --> 02:53:39,767
and acknowledging that we withdrew consent to this, the,

3390
02:53:41,533 --> 02:53:45,066
the letter of support that Apollo Park initially submitted

3391
02:53:45,467 --> 02:53:46,734
and appears it's 1 0 5

3392
02:53:47,000 --> 02:53:49,500
and the applicant narrative expired

3393
02:53:49,500 --> 02:53:51,500
by its own terms on October 31st.

3394
02:53:52,100 --> 02:53:55,033
And this is a new application, it's PEC 26 11,

3395
02:53:55,433 --> 02:53:56,533
not the old application.

3396
02:53:57,000 --> 02:54:00,100
So it's a new application without consent in.

3397
02:54:00,100 --> 02:54:02,066
Irrespective of what the town attorney has said may be

3398
02:54:02,066 --> 02:54:04,734
allowed, I just would ask PEC to consider

3399
02:54:04,900 --> 02:54:07,133
what might be right in this circumstance.

3400
02:54:07,367 --> 02:54:10,300
In fact, earlier today you asked whether a property owner

3401
02:54:10,300 --> 02:54:12,333
had the required consent for just a garage variance

3402
02:54:12,333 --> 02:54:14,133
that might impact the GRFA left

3403
02:54:14,133 --> 02:54:16,634
to another duplex owner here.

3404
02:54:16,700 --> 02:54:18,000
Is it right for the town

3405
02:54:18,000 --> 02:54:20,900
and the applicant to submit to set development standards

3406
02:54:21,066 --> 02:54:23,066
for an owner's property over their objection?

3407
02:54:23,734 --> 02:54:24,900
Is it right for an applicant

3408
02:54:24,900 --> 02:54:27,367
to develop a project without presenting any plan for parking

3409
02:54:27,367 --> 02:54:28,900
or access during construction?

3410
02:54:29,033 --> 02:54:30,367
And is it right for an applicant

3411
02:54:30,367 --> 02:54:33,300
to permanently eliminate owner owned parking spaces

3412
02:54:33,500 --> 02:54:34,500
over their objection?

3413
02:54:34,834 --> 02:54:36,467
This is why the code requires consent.

3414
02:54:37,066 --> 02:54:39,166
We'd like to work together, we can work together.

3415
02:54:39,767 --> 02:54:42,367
But until we can, we'd ask that PEC recommend denial.

3416
02:54:42,500 --> 02:54:44,166
Thank you. Thank you.

3417
02:54:47,266 --> 02:54:49,033
- I'm going to promote Anna to talk.

3418
02:54:49,033 --> 02:54:50,867
Anna, if you can state your name for the record.

3419
02:54:53,033 --> 02:54:55,900
- Yes, can you hear me? We can. Okay.

3420
02:54:56,133 --> 02:55:00,934
My name is Anna Davis and I thank you for your time today.

3421
02:55:02,367 --> 02:55:04,033
I am a member of the board

3422
02:55:04,467 --> 02:55:05,834
and I am also going

3423
02:55:05,834 --> 02:55:08,133
to speak a little bit on my own behalf as an owner.

3424
02:55:09,834 --> 02:55:13,066
So as a board member, I want to reiterate

3425
02:55:13,934 --> 02:55:18,233
my fellow board member language here

3426
02:55:18,567 --> 02:55:22,266
and request the denial

3427
02:55:22,700 --> 02:55:25,734
of this proposal on the grounds

3428
02:55:25,734 --> 02:55:27,934
that there's four main key issues

3429
02:55:29,100 --> 02:55:31,300
that I'll address here.

3430
02:55:32,634 --> 02:55:36,934
First, the incompatibility of

3431
02:55:37,467 --> 02:55:40,367
lunar VA's application With surrounding properties,

3432
02:55:41,433 --> 02:55:44,467
we've heard quite a bit about the size

3433
02:55:44,500 --> 02:55:46,634
and scale of the, the development

3434
02:55:47,433 --> 02:55:51,533
and how this would completely dwarf Apollo Park.

3435
02:55:52,433 --> 02:55:56,133
And the Vail Town Code states

3436
02:55:56,133 --> 02:55:59,300
that every special dis special development at strict app

3437
02:55:59,734 --> 02:56:02,567
application needs to demonstrate design, compatibility

3438
02:56:02,667 --> 02:56:06,033
and sensitivity to the immediate environment, neighborhood

3439
02:56:06,000 --> 02:56:07,266
and adjacent properties.

3440
02:56:08,500 --> 02:56:10,834
The code then lists subjective criteria

3441
02:56:11,000 --> 02:56:14,734
that the town is supposed to use to compare the application

3442
02:56:14,734 --> 02:56:16,000
to the neighboring properties.

3443
02:56:16,467 --> 02:56:20,133
Things like the building scale, height, setbacks, et cetera.

3444
02:56:21,100 --> 02:56:23,634
In this case lunar Vail application.

3445
02:56:24,033 --> 02:56:27,133
This particular application totally ignores just

3446
02:56:27,266 --> 02:56:30,367
how much larger the proposed building is compared

3447
02:56:30,367 --> 02:56:31,500
to the neighboring buildings.

3448
02:56:32,233 --> 02:56:33,533
Apollo Parks building A

3449
02:56:33,533 --> 02:56:36,700
and B would be completely dwarfed by the new building

3450
02:56:37,233 --> 02:56:42,100
and would have our access relegated to a narrow alleyway.

3451
02:56:44,100 --> 02:56:48,300
We do acknowledge that most development proposals here will

3452
02:56:48,300 --> 02:56:51,500
require some additional height, which includes Apollo Park.

3453
02:56:51,767 --> 02:56:54,000
However, the amount

3454
02:56:54,100 --> 02:56:56,634
of additional height proposed here cannot be accepted.

3455
02:56:58,500 --> 02:57:00,100
Similarly, the code requires

3456
02:57:00,100 --> 02:57:02,567
that the buildings on this property have a setback

3457
02:57:02,667 --> 02:57:04,467
of at least 20 feet on all sides.

3458
02:57:06,266 --> 02:57:09,000
In this proposal, only one of the four sides

3459
02:57:09,033 --> 02:57:11,467
of the new building would comply with this requirement.

3460
02:57:12,433 --> 02:57:15,934
Again, the application provides no justification for why

3461
02:57:16,433 --> 02:57:19,033
lunar Vale should be able to ignore the town code.

3462
02:57:20,100 --> 02:57:23,133
And this is exactly why the town code requires owner

3463
02:57:23,300 --> 02:57:25,033
consent for an application.

3464
02:57:26,000 --> 02:57:29,367
This is a project proposed on Apollo Parks property

3465
02:57:29,467 --> 02:57:32,233
that fails to take Apollo Park into account

3466
02:57:34,000 --> 02:57:35,266
and we cannot agree to that.

3467
02:57:35,467 --> 02:57:37,467
And again, I wanna iterate, reiterate

3468
02:57:37,667 --> 02:57:40,100
that there are 1700 owners

3469
02:57:40,567 --> 02:57:45,300
and whole owners as in addition to that at Apollo Park

3470
02:57:46,367 --> 02:57:49,266
who have basically been ignored.

3471
02:57:49,834 --> 02:57:53,033
And although we have tried to work with Lunar va,

3472
02:57:55,000 --> 02:57:56,500
we have not come to an agreement.

3473
02:57:57,000 --> 02:58:01,900
And then, which brought us here today,

3474
02:58:02,533 --> 02:58:04,667
I've been an owner, I've been coming

3475
02:58:04,667 --> 02:58:07,266
to Apollo Park since I was nine years old

3476
02:58:07,500 --> 02:58:10,000
as my mother actually testified a little while ago.

3477
02:58:11,567 --> 02:58:14,667
And I am an owner as well. My daughter is an owner as well.

3478
02:58:15,000 --> 02:58:16,166
We have friends that are owners.

3479
02:58:17,100 --> 02:58:21,867
We, we want to see that Apollo Park is preserved

3480
02:58:22,300 --> 02:58:27,033
in the, the vision of the Town

3481
02:58:27,033 --> 02:58:29,533
of Vail and everything that we have brought

3482
02:58:29,533 --> 02:58:30,634
to the Town of Vail.

3483
02:58:31,066 --> 02:58:34,734
And again, those 1700 owners I would

3484
02:58:35,767 --> 02:58:37,467
strongly request personally

3485
02:58:37,734 --> 02:58:40,300
and as a board member that the

3486
02:58:41,500 --> 02:58:44,900
counsel please deny this request. Thank you for your time.

3487
02:58:45,133 --> 02:58:50,000
- Thank you. - I'm

3488
02:58:50,000 --> 02:58:52,233
going to promote Karen to talk.

3489
02:58:52,233 --> 02:58:54,166
Karen, if you can state your name for the record.

3490
02:59:01,300 --> 02:59:02,333
- Karen, you've been promoted.

3491
02:59:02,333 --> 02:59:04,734
If you could state your name, you can provide your comment.

3492
02:59:05,734 --> 02:59:07,133
- Hi, I had to unmute myself.

3493
02:59:07,133 --> 02:59:09,300
Okay, I think I did. Am I unmuted?

3494
02:59:09,767 --> 02:59:11,000
- We can hear you now. Yes. - Yep.

3495
02:59:11,300 --> 02:59:13,166
Hi, my name's Karen k Clayman.

3496
02:59:13,333 --> 02:59:18,133
I'm the owner of at Unit 3 0 4 in Bell Mountain View

3497
02:59:18,133 --> 02:59:21,133
residences and I'm also on the homeowners board.

3498
02:59:23,100 --> 02:59:26,367
One of the things that several members of the Town Council

3499
02:59:27,233 --> 02:59:31,700
mentioned when they rejected this project in June was the

3500
02:59:31,700 --> 02:59:33,667
need to work with the neighbors.

3501
02:59:35,000 --> 02:59:36,734
I think you've heard from enough people

3502
02:59:37,734 --> 02:59:40,033
that they haven't really been working successfully

3503
02:59:40,066 --> 02:59:41,867
with the neighbors of this project.

3504
02:59:43,667 --> 02:59:48,433
One very large thing that hasn't been mentioned is

3505
02:59:49,033 --> 02:59:52,100
when Ron Burn developed Dale Mountain View residence is in

3506
02:59:52,100 --> 02:59:53,133
2008.

3507
02:59:53,367 --> 02:59:55,934
Two pedestrian access paths

3508
02:59:56,000 --> 02:59:59,300
to reach the Creekside town path, which if you don't know,

3509
02:59:59,300 --> 03:00:01,133
that's the path that goes from Vail

3510
03:00:01,033 --> 03:00:05,033
to the amphitheater were built.

3511
03:00:05,266 --> 03:00:08,634
The eastern path that's closest to Apollo Park was created

3512
03:00:08,634 --> 03:00:10,700
with a snow melt system under the pavers

3513
03:00:11,066 --> 03:00:15,634
and stairs down to the creek with Grass Creek along the path

3514
03:00:15,634 --> 03:00:18,166
to the fire he near us and Apollo Park.

3515
03:00:19,700 --> 03:00:23,700
Initially the eastern footpath was used primarily

3516
03:00:23,734 --> 03:00:25,367
by the Apollo Park residence

3517
03:00:25,367 --> 03:00:27,266
because the other path is

3518
03:00:27,266 --> 03:00:28,934
connected directly to our building.

3519
03:00:29,867 --> 03:00:33,233
It was then used by the Altus residents residence.

3520
03:00:33,233 --> 03:00:34,767
After that building was opened.

3521
03:00:35,533 --> 03:00:40,166
Bell Mountain View residents solely paid for the operating

3522
03:00:40,300 --> 03:00:42,133
and maintenance costs for that path

3523
03:00:42,133 --> 03:00:43,700
until Altus was constructed.

3524
03:00:44,100 --> 03:00:47,367
And now Altus also shares the operating maintenance costs.

3525
03:00:48,166 --> 03:00:49,266
You also need to know that

3526
03:00:49,333 --> 03:00:52,700
that path is a hundred percent on Vail Mountain View

3527
03:00:53,233 --> 03:00:54,900
residence property.

3528
03:00:57,266 --> 03:01:01,567
If you look to the special development district,

3529
03:01:01,567 --> 03:01:06,333
number 44, that Lunar be north has not

3530
03:01:06,867 --> 03:01:10,100
invested in building a new path for their new project

3531
03:01:11,033 --> 03:01:12,767
or stairway down to the creek.

3532
03:01:13,500 --> 03:01:15,367
They plan to use the path that's funded

3533
03:01:15,500 --> 03:01:18,000
by Vail Mountain View residences in Altus.

3534
03:01:19,066 --> 03:01:21,567
The applicant has avoided the significant expense

3535
03:01:21,567 --> 03:01:25,266
of building his own path, but they won't agree to join Altus

3536
03:01:25,266 --> 03:01:28,233
and Bell Mountain View residences in funding upgrading

3537
03:01:29,433 --> 03:01:31,834
the maintenance costs for the path going forward.

3538
03:01:32,367 --> 03:01:35,567
Their residents and guests will increase traffic on the path

3539
03:01:35,667 --> 03:01:37,934
but they refuse to contribute to it.

3540
03:01:38,667 --> 03:01:40,100
There is an easement for that

3541
03:01:40,233 --> 03:01:43,133
but still there's a cost for that path

3542
03:01:43,367 --> 03:01:48,300
and the stairs as a result, we feel that this special use

3543
03:01:49,000 --> 03:01:51,300
district number 44 proposal is detrimental

3544
03:01:51,300 --> 03:01:54,033
to the neighborhood and should be denied.

3545
03:01:54,734 --> 03:01:57,767
A denial will provide a necessary incentive

3546
03:01:57,934 --> 03:02:02,000
for the applicant to negotiate reasonably with the neighbors

3547
03:02:02,266 --> 03:02:05,066
as requested by the Town Council in June.

3548
03:02:06,033 --> 03:02:07,567
Thank you very much for your time.

3549
03:02:07,667 --> 03:02:10,100
We appreciate all the hard work you've been doing on this

3550
03:02:10,734 --> 03:02:12,000
for the last several years.

3551
03:02:13,700 --> 03:02:18,100
- Thank you. - I'm going to promote

3552
03:02:19,066 --> 03:02:20,100
Justin to talk.

3553
03:02:20,100 --> 03:02:21,667
Justin, if you can state your name for the record.

3554
03:02:27,700 --> 03:02:28,867
- Justin, you've been promoted.

3555
03:02:29,066 --> 03:02:30,634
If you can unmute and state your

3556
03:02:30,634 --> 03:02:31,667
name we can hear your comment.

3557
03:02:33,033 --> 03:02:34,700
- Sorry, can you hear me now - We can. Yep.

3558
03:02:35,367 --> 03:02:37,133
- Great. I'm Justin Asley.

3559
03:02:37,266 --> 03:02:39,900
I am the president of the Altus HOA.

3560
03:02:40,033 --> 03:02:41,634
I'm also a homeowner in Altus.

3561
03:02:44,834 --> 03:02:47,500
I am, I'm here to request the Dell the proposal.

3562
03:02:48,367 --> 03:02:49,867
I'm gonna keep my comments pretty short

3563
03:02:50,000 --> 03:02:52,367
'cause I would honestly just be repeating most

3564
03:02:52,367 --> 03:02:54,767
of the other things that have been said in the,

3565
03:02:54,767 --> 03:02:56,033
the public comment already.

3566
03:02:57,100 --> 03:02:58,233
One thing that I would like to,

3567
03:02:58,667 --> 03:03:02,066
to speak about though is just the, the sheer size

3568
03:03:02,100 --> 03:03:04,033
and mass of what's being asked to be approved.

3569
03:03:06,066 --> 03:03:07,367
Altus is a very, very large building

3570
03:03:07,700 --> 03:03:09,834
and anyone driving down the highway sees it.

3571
03:03:10,066 --> 03:03:12,567
We've got those bright green exit sign lights

3572
03:03:12,567 --> 03:03:14,000
that everyone complains about

3573
03:03:14,000 --> 03:03:16,000
to me when I tell 'em I'm, I'm over at Altus.

3574
03:03:17,100 --> 03:03:19,000
But it really is a just a,

3575
03:03:19,033 --> 03:03:20,834
a massive building from from the highway,

3576
03:03:21,033 --> 03:03:22,033
from the frontage road.

3577
03:03:22,700 --> 03:03:25,367
And when we look at going down this path

3578
03:03:25,367 --> 03:03:28,033
where we're gonna give another building right next to it,

3579
03:03:28,033 --> 03:03:32,100
even larger variances to become another giant building,

3580
03:03:33,467 --> 03:03:36,100
I'm just concerned about what happens long run here.

3581
03:03:36,133 --> 03:03:40,333
If this is the direction that we continue to go, you know,

3582
03:03:40,467 --> 03:03:42,333
one large building after the next, it's going

3583
03:03:42,333 --> 03:03:43,700
to change veil entirely.

3584
03:03:44,367 --> 03:03:46,700
And I'm not sure that that's a veil that that many

3585
03:03:46,700 --> 03:03:49,734
of us have grown to love in our lifetimes and

3586
03:03:49,734 --> 03:03:50,934
and desire to see.

3587
03:03:52,000 --> 03:03:53,133
So I'll leave it there. Thank you.

3588
03:03:54,100 --> 03:03:58,767
- Thank you. - I am gonna

3589
03:03:58,767 --> 03:04:00,100
promote Howard to talk.

3590
03:04:00,100 --> 03:04:02,100
Howard if you can state your name for the record.

3591
03:04:08,900 --> 03:04:11,000
- Howard, you've been promoted if you can unmute.

3592
03:04:11,133 --> 03:04:13,100
- Okay. Can you hear me now? - We have you now. Yes.

3593
03:04:13,634 --> 03:04:17,100
- Okay, thank you. My name is Howard Willard and my wife

3594
03:04:17,100 --> 03:04:20,867
and I own Vail Mountain View residence is number 4 0 6

3595
03:04:22,500 --> 03:04:25,300
VMVR has had discussions with the developer

3596
03:04:25,300 --> 03:04:28,133
and we have been clear that our primary issue

3597
03:04:28,133 --> 03:04:31,133
with their proposal has been their unwillingness

3598
03:04:31,133 --> 03:04:33,900
to contribute to improvements to the fire path located

3599
03:04:33,900 --> 03:04:36,467
to the west of the proposed lunar Vale North building.

3600
03:04:38,100 --> 03:04:41,100
With the proposed redevelopment of SBD number 44.

3601
03:04:41,433 --> 03:04:44,867
The applicant is removing the last remaining option other

3602
03:04:44,867 --> 03:04:47,100
than the fire path to reach VMVR

3603
03:04:47,333 --> 03:04:50,300
with the veil ladder truck parking.

3604
03:04:50,367 --> 03:04:53,066
The ladder truck in the Apollo Park parking lot currently

3605
03:04:53,066 --> 03:04:54,900
allows access to VMVR

3606
03:04:55,533 --> 03:04:58,133
but SBD number 44 is proposing

3607
03:04:58,133 --> 03:05:01,667
to build a 70 foot tall building on the current parking lot.

3608
03:05:02,900 --> 03:05:04,033
The development proposed

3609
03:05:04,100 --> 03:05:07,000
by SDD number 44 leaves only the fire path

3610
03:05:07,367 --> 03:05:09,033
that was built in 2008

3611
03:05:09,100 --> 03:05:12,533
to stage fire trucks near the VMVR building in the

3612
03:05:12,667 --> 03:05:13,900
Apollo Park buildings.

3613
03:05:15,100 --> 03:05:19,133
However, and this was a surprise for me in in the meeting

3614
03:05:19,834 --> 03:05:24,166
the applicant had right up till the materials were published

3615
03:05:24,166 --> 03:05:26,900
for this meeting refused to enable

3616
03:05:26,900 --> 03:05:29,066
and contribute to improvements to the fire path

3617
03:05:29,467 --> 03:05:30,567
to provide a minimum width

3618
03:05:30,567 --> 03:05:33,500
of 20 feet along its entire length as requested

3619
03:05:33,500 --> 03:05:34,734
by the Vail Fire Department.

3620
03:05:35,767 --> 03:05:37,100
I have had several discussions

3621
03:05:37,100 --> 03:05:38,734
with the fire marshal about this issue

3622
03:05:38,734 --> 03:05:41,066
and I'm interested in reviewing their proposed

3623
03:05:41,066 --> 03:05:42,934
changes to the fire path.

3624
03:05:44,066 --> 03:05:46,734
Finally, SDD number 44 has submitted plans

3625
03:05:47,166 --> 03:05:48,867
to change their driveway design

3626
03:05:49,033 --> 03:05:51,333
and access point to South frontage road

3627
03:05:52,533 --> 03:05:54,233
SDD number 40 four's movement

3628
03:05:54,233 --> 03:05:56,066
of the existing Apollo Park driveway

3629
03:05:56,133 --> 03:06:00,100
to the far northeastern corner of their property reduces

3630
03:06:00,100 --> 03:06:02,233
or eliminates the ability of the ladder truck

3631
03:06:02,233 --> 03:06:04,533
to turn onto the VMVR fire path.

3632
03:06:05,500 --> 03:06:08,533
I will be interested in reviewing if there changes proposed

3633
03:06:08,533 --> 03:06:10,834
in this meeting address this issue.

3634
03:06:12,300 --> 03:06:15,133
I believe the recommendation for SBD number 44

3635
03:06:15,867 --> 03:06:19,266
should be delayed until the applicant submits plans

3636
03:06:19,367 --> 03:06:22,867
for their proposed changes to address the fire access issues

3637
03:06:23,066 --> 03:06:25,867
for the benefit of VMDR Altus Apollo

3638
03:06:25,867 --> 03:06:27,100
Park and Lunar Vale North.

3639
03:06:28,166 --> 03:06:31,567
To make a recommendation today when the set

3640
03:06:31,567 --> 03:06:33,333
of plans hasn't even been submitted,

3641
03:06:34,066 --> 03:06:36,000
I think would be would be a problem.

3642
03:06:37,133 --> 03:06:39,767
I do acknowledge the fire path cannot be expanded without

3643
03:06:39,767 --> 03:06:41,066
the participation of lunar vale

3644
03:06:42,133 --> 03:06:44,000
and my belief is

3645
03:06:44,000 --> 03:06:46,000
that I'm glad they've at least thought about stepping

3646
03:06:46,000 --> 03:06:49,700
forward but a lot more work needs to be done to see whether

3647
03:06:49,700 --> 03:06:52,734
or not their proposal really does address the fire

3648
03:06:52,734 --> 03:06:54,367
department's issues with the fire path.

3649
03:06:55,133 --> 03:06:57,133
Thank you to the PEC for your patience.

3650
03:07:02,133 --> 03:07:02,934
- Thank you. Thank you.

3651
03:07:06,900 --> 03:07:08,433
- I'm going to promote Deborah na talk.

3652
03:07:08,433 --> 03:07:10,433
Deborah, if you can state your name for the record.

3653
03:07:12,033 --> 03:07:15,533
- Hi. Hello, my name is Deborah Larussa.

3654
03:07:16,500 --> 03:07:20,066
I have been going to Paula Park since 1989

3655
03:07:20,734 --> 03:07:23,867
and have consecutively every year gone there.

3656
03:07:24,467 --> 03:07:28,033
And now that I see that the changes that are trying

3657
03:07:28,033 --> 03:07:31,867
to be made are not acceptable, especially doing

3658
03:07:31,867 --> 03:07:33,567
to the parking, the safety

3659
03:07:34,100 --> 03:07:37,100
and all the things the other timeshare owners

3660
03:07:37,667 --> 03:07:42,333
and full-time owners have stated, I would like to request to

3661
03:07:42,734 --> 03:07:45,700
for the application to be denied

3662
03:07:45,834 --> 03:07:47,467
and I'd like to thank you all for your time

3663
03:07:47,934 --> 03:07:49,033
so much. Bye-bye.

3664
03:07:49,634 --> 03:07:54,567
- Thank you. - I am

3665
03:07:54,567 --> 03:07:56,033
going to promote Theresa to talk.

3666
03:07:56,033 --> 03:07:58,000
Theresa, if you can introduce yourself for the record.

3667
03:08:04,700 --> 03:08:06,000
- Hi Theresa, you've been promoted.

3668
03:08:06,133 --> 03:08:07,000
If you can unmute and

3669
03:08:07,000 --> 03:08:08,100
state your name, we can hear your comments.

3670
03:08:15,467 --> 03:08:16,900
Theresa, we we can't hear you.

3671
03:08:16,900 --> 03:08:18,100
There might be a microphone issue.

3672
03:08:19,000 --> 03:08:21,033
We'll move on to the next public comment.

3673
03:08:21,667 --> 03:08:23,500
Oh, can you hear me now? We have you now.

3674
03:08:23,500 --> 03:08:24,900
We just got you Theresa. Alright,

3675
03:08:25,033 --> 03:08:26,033
- Good.

3676
03:08:26,033 --> 03:08:28,467
Thank you. Yeah, I'd like to address my comments

3677
03:08:28,667 --> 03:08:33,667
to you Brad, John, Meg, bill, Lauren, I've been on the call

3678
03:08:33,667 --> 03:08:36,467
for several hours now and I noticed the care you took

3679
03:08:37,300 --> 03:08:41,066
and looking into the case on 42 59 Nugget Lane

3680
03:08:42,433 --> 03:08:46,033
and really looking at the impact that that

3681
03:08:46,700 --> 03:08:48,133
petition had on the neighborhood.

3682
03:08:49,233 --> 03:08:52,266
And I just wanna ask you as a board to consider

3683
03:08:53,500 --> 03:08:57,634
that we have 1700 owners at Apollo Park

3684
03:08:58,700 --> 03:09:00,867
and we're looking at a development that's going

3685
03:09:00,867 --> 03:09:03,233
to accommodate 17 new owners.

3686
03:09:05,433 --> 03:09:08,834
And I'm not, I, I don't object to the development

3687
03:09:09,734 --> 03:09:13,233
but I think that it would be very advantageous

3688
03:09:13,233 --> 03:09:14,634
to include Apollo Park

3689
03:09:15,433 --> 03:09:18,100
and any redevelopment plan for that area.

3690
03:09:20,033 --> 03:09:23,634
I agree with the comments made by a previous person about

3691
03:09:25,100 --> 03:09:27,000
what this looks like for the town of Avail

3692
03:09:27,000 --> 03:09:28,033
to have Apollo Park

3693
03:09:28,033 --> 03:09:32,500
and aging property that needs a lot of care

3694
03:09:33,333 --> 03:09:36,033
in the midst of brand new development placed on

3695
03:09:36,033 --> 03:09:37,834
what looks like a postage stamp

3696
03:09:38,867 --> 03:09:42,066
on the property in such close proximity to Apollo Park.

3697
03:09:43,734 --> 03:09:48,100
So I would just ask that as an owner

3698
03:09:48,233 --> 03:09:53,033
for 40 years and a Colorado native, that you would please

3699
03:09:53,667 --> 03:09:56,000
deny this petition for this development

3700
03:09:57,433 --> 03:10:01,033
until we can develop a comprehensive plan to include

3701
03:10:02,100 --> 03:10:03,634
redevelopment of Apollo Park.

3702
03:10:06,000 --> 03:10:09,000
I wanna thank you for hearing me this, this evening

3703
03:10:09,066 --> 03:10:11,266
and I request that you deny this application.

3704
03:10:13,033 --> 03:10:18,033
- Thank you. - I'm gonna promote Chris the talk.

3705
03:10:18,033 --> 03:10:20,433
Chris, if you can introduce yourself for the record.

3706
03:10:25,333 --> 03:10:27,266
- Hi there, my name is Chris Bailey.

3707
03:10:28,133 --> 03:10:31,734
I have been coming to Vail since in the summer,

3708
03:10:32,100 --> 03:10:33,934
since 1979.

3709
03:10:35,000 --> 03:10:39,100
My family owned several of the timeshares there.

3710
03:10:39,634 --> 03:10:42,834
We built a lot of memories, we spent a lot of money in Vail.

3711
03:10:42,867 --> 03:10:45,100
We love it there. And I would like you,

3712
03:10:45,500 --> 03:10:47,834
I have nothing really new to say

3713
03:10:47,834 --> 03:10:49,166
that other owners haven't said,

3714
03:10:49,266 --> 03:10:52,634
but I would like you to please deny this application.

3715
03:10:53,100 --> 03:10:55,500
It he has a huge impact on the owners

3716
03:10:56,233 --> 03:10:59,100
in the Apollo Park and Alta

3717
03:10:59,867 --> 03:11:03,000
and they have not considered that impact

3718
03:11:03,700 --> 03:11:05,133
on all these people.

3719
03:11:05,533 --> 03:11:09,734
And I would like you to consider us in making your decision.

3720
03:11:10,166 --> 03:11:12,233
Thank you for all the hard work you've put in this.

3721
03:11:12,533 --> 03:11:13,867
And that's all I have to say.

3722
03:11:15,033 --> 03:11:19,567
- Thank you. - I'm gonna promote Shannon to talk.

3723
03:11:19,900 --> 03:11:22,433
Shannon, if you can introduce yourself for the record.

3724
03:11:29,900 --> 03:11:31,066
- Shannon, you've been promoted.

3725
03:11:31,066 --> 03:11:32,300
If you can unmute and

3726
03:11:32,300 --> 03:11:33,500
state your name, we can hear your comment.

3727
03:11:37,033 --> 03:11:38,900
- Hello - We we can hear you now.

3728
03:11:39,233 --> 03:11:40,500
- Hi. Perfect. Alright.

3729
03:11:41,100 --> 03:11:42,900
Hello, my name is Shannon Larson

3730
03:11:43,066 --> 03:11:44,367
and I thank you for your time today.

3731
03:11:45,000 --> 03:11:46,233
I may be repeating much of

3732
03:11:46,233 --> 03:11:47,634
what others have verbalized today,

3733
03:11:47,834 --> 03:11:51,367
but I wanted to express

3734
03:11:51,367 --> 03:11:54,433
that I have enjoyed Vail and Apollo Park for 38 years

3735
03:11:54,767 --> 03:11:57,700
and have been an owner for the past 16 years at Apollo Park.

3736
03:11:59,033 --> 03:12:01,700
And I would just like to request the denial of this motion

3737
03:12:02,000 --> 03:12:04,066
and encourage opportunity for collaboration

3738
03:12:04,066 --> 03:12:07,834
between Lunar Vail and the owners of Apollo Park.

3739
03:12:09,333 --> 03:12:11,133
It would be nice if we could come to a solution

3740
03:12:11,133 --> 03:12:13,834
that benefits both the owners of Apollo Park and Lunar Vale.

3741
03:12:14,900 --> 03:12:16,867
This motion neglects the town codes

3742
03:12:16,867 --> 03:12:20,166
and proposes mass variances that impact the overall safety

3743
03:12:20,500 --> 03:12:23,000
of the owners as well as parking in many other aspects.

3744
03:12:23,934 --> 03:12:26,033
Many of the owners have fond memories

3745
03:12:26,033 --> 03:12:28,266
and enjoy spending time and money at Vail

3746
03:12:28,934 --> 03:12:30,734
and we would just like to see a solution

3747
03:12:30,734 --> 03:12:32,000
that benefits all parties.

3748
03:12:32,500 --> 03:12:35,900
So I would like to request, respectfully request

3749
03:12:35,900 --> 03:12:37,900
that PEC deny this motion. Thank you.

3750
03:12:38,667 --> 03:12:39,000
- Thank you.

3751
03:12:44,000 --> 03:12:45,634
- I'm gonna promote Debbie to talk.

3752
03:12:45,634 --> 03:12:48,567
Debbie, if you can state your name for the record.

3753
03:12:55,000 --> 03:12:56,767
- Me, - We can hear you now. Yes.

3754
03:12:57,266 --> 03:12:59,634
- Oh great. My name is Debbie Charles.

3755
03:12:59,934 --> 03:13:03,066
My husband and I have been owners of the rent since 1989

3756
03:13:03,700 --> 03:13:05,066
and since 2014.

3757
03:13:05,066 --> 03:13:07,333
We own Hoon unit for oh one at the rent.

3758
03:13:07,867 --> 03:13:11,033
I also serve as the HOA board president.

3759
03:13:11,433 --> 03:13:13,767
I might be the only re owner speaking today,

3760
03:13:13,767 --> 03:13:15,867
but you have received letters from many other owners

3761
03:13:16,700 --> 03:13:17,900
all opposing the project.

3762
03:13:19,033 --> 03:13:21,667
This project, as we know, has been UN under discussion

3763
03:13:21,667 --> 03:13:24,066
for a year and a half about recently.

3764
03:13:24,567 --> 03:13:27,066
It's been so long. We have three new PEC members,

3765
03:13:27,567 --> 03:13:31,133
a new planner, and significant changes to the project.

3766
03:13:31,033 --> 03:13:33,900
Unfortunately those changes have made the project worse.

3767
03:13:34,767 --> 03:13:37,767
It now has a very negative impact on Apollo Park

3768
03:13:38,033 --> 03:13:40,166
and the proposed reductions in the building's height

3769
03:13:40,166 --> 03:13:42,333
and GRFA do not go far enough.

3770
03:13:43,133 --> 03:13:46,100
I believe the developers now relying on project fatigue

3771
03:13:46,033 --> 03:13:48,133
to secure approval of this latest version

3772
03:13:48,266 --> 03:13:50,867
and that shall should not be allowed to have them.

3773
03:13:51,900 --> 03:13:55,033
So as related to the rent, I have three main concerns.

3774
03:13:56,100 --> 03:13:58,500
Number one, the building runs along our property

3775
03:13:59,133 --> 03:14:00,567
being too tall and too large.

3776
03:14:01,433 --> 03:14:04,133
The building is also often compared to Altus,

3777
03:14:04,133 --> 03:14:06,133
which is also 70 feet at its peak.

3778
03:14:07,000 --> 03:14:09,266
At previous PEC meeting, some members thought

3779
03:14:09,266 --> 03:14:11,100
that approving Altus was a mistake.

3780
03:14:11,533 --> 03:14:12,867
It was likely approved because

3781
03:14:12,900 --> 03:14:14,500
of the employee housing component,

3782
03:14:14,500 --> 03:14:16,100
even though it did not fit well within

3783
03:14:16,133 --> 03:14:17,166
the surrounding neighborhood.

3784
03:14:18,100 --> 03:14:20,734
The Val Master plan intentionally preserved this portion

3785
03:14:20,734 --> 03:14:22,333
of Vale Village with lower building heights

3786
03:14:22,333 --> 03:14:23,900
and more open green space.

3787
03:14:24,300 --> 03:14:26,767
As you approach vale from the east on I 70,

3788
03:14:27,000 --> 03:14:30,000
the intended experience is to see the golf course,

3789
03:14:30,133 --> 03:14:32,133
then the park with the ball fields, then gradually

3790
03:14:32,233 --> 03:14:34,767
to our buildings while still maintaining views

3791
03:14:34,767 --> 03:14:35,834
through to the mountains.

3792
03:14:36,500 --> 03:14:38,634
Altus is oriented parallel to I 70,

3793
03:14:38,767 --> 03:14:40,266
so motorists see the narrow side

3794
03:14:40,266 --> 03:14:41,900
until they are directly in front of it.

3795
03:14:42,467 --> 03:14:44,867
Lunar vale, however, will present the appearance

3796
03:14:44,867 --> 03:14:46,033
of a wall rising out

3797
03:14:46,033 --> 03:14:48,266
of one vale's most beautiful green spaces.

3798
03:14:49,066 --> 03:14:51,000
In fact, if Altus didn't exist,

3799
03:14:51,100 --> 03:14:53,066
Solaris would be effectively the first tall

3800
03:14:53,300 --> 03:14:54,533
building along frontage road.

3801
03:14:55,066 --> 03:14:57,033
That is what the master plan envisioned.

3802
03:14:57,533 --> 03:15:00,900
Number two, lunar Vail parking garage entrance should be

3803
03:15:00,900 --> 03:15:02,533
relocated to the front of the property

3804
03:15:02,900 --> 03:15:05,667
with the side driveway reserved for emergency access

3805
03:15:05,867 --> 03:15:07,066
and and loading only.

3806
03:15:07,734 --> 03:15:10,000
This is a significant safety concern.

3807
03:15:10,667 --> 03:15:13,767
The driveway is about one foot from the Rens property line.

3808
03:15:14,000 --> 03:15:16,066
According to the projects traffic study,

3809
03:15:16,066 --> 03:15:19,033
more than 200 vehicles per day plus commercial vehicles will

3810
03:15:19,033 --> 03:15:21,900
travel from frontage road to the rear of the property.

3811
03:15:22,266 --> 03:15:23,333
There is no sidewalk.

3812
03:15:23,667 --> 03:15:26,634
So pedestrians will inevitably use this driveway as

3813
03:15:30,233 --> 03:15:32,433
Also shine directly into the rent and Apol park.

3814
03:15:32,433 --> 03:15:35,100
During nighttime hours. The project should be redesigned

3815
03:15:35,100 --> 03:15:36,567
to put the garage entrance in front.

3816
03:15:37,300 --> 03:15:39,066
Number three and last.

3817
03:15:39,066 --> 03:15:40,133
Commitments made

3818
03:15:40,133 --> 03:15:42,266
to neighboring property owners continue to change.

3819
03:15:43,033 --> 03:15:45,367
About a month ago, the room was told the trees would be

3820
03:15:45,867 --> 03:15:47,634
replanted along our east property line

3821
03:15:47,634 --> 03:15:48,900
with no conditions attached

3822
03:15:49,133 --> 03:15:52,100
because that was part of the plan being presented today

3823
03:15:52,000 --> 03:15:53,634
and shown in the renderings.

3824
03:15:54,266 --> 03:15:57,100
Now we are told those trees will only be replanted if we

3825
03:15:57,100 --> 03:15:59,934
accept partial financial responsibility for the water line

3826
03:16:00,133 --> 03:16:02,100
and allow the developer to excavate

3827
03:16:02,100 --> 03:16:03,000
beneath our trash enclosure.

3828
03:16:03,166 --> 03:16:06,367
Among other requirements, the conditions continue to change

3829
03:16:06,433 --> 03:16:08,367
and that undermines our confidence in the

3830
03:16:08,367 --> 03:16:09,500
developer's intentions.

3831
03:16:09,934 --> 03:16:12,467
We do not approve of the developing developer placing

3832
03:16:12,467 --> 03:16:14,066
infrastructure on our property.

3833
03:16:14,634 --> 03:16:16,100
If the project were smaller, many

3834
03:16:16,100 --> 03:16:17,333
of these issues would disappear.

3835
03:16:18,000 --> 03:16:20,834
Anything included in the approved plan should be guaranteed

3836
03:16:20,834 --> 03:16:23,634
and completed entirely at the developer's sole expense.

3837
03:16:24,166 --> 03:16:26,734
In summary, the project as currently propose,

3838
03:16:26,834 --> 03:16:28,333
is not in the best interest of Vail

3839
03:16:28,467 --> 03:16:29,734
or the surrounding neighborhood.

3840
03:16:30,100 --> 03:16:33,834
I respectfully urge the PEC to deny this application today.

3841
03:16:35,033 --> 03:16:39,834
- Thank you. - I'm

3842
03:16:39,834 --> 03:16:42,000
going to promote Luis ak Luis,

3843
03:16:42,133 --> 03:16:44,100
if you can introduce yourself for the record.

3844
03:16:52,834 --> 03:16:54,000
- Louis, you've been promoted.

3845
03:16:54,000 --> 03:16:55,166
If you can unmute and state your

3846
03:16:55,166 --> 03:16:56,266
name, you can provide your comment.

3847
03:17:01,000 --> 03:17:02,100
- Okay. Can you hear me?

3848
03:17:02,500 --> 03:17:03,533
- We can hear you hear you now, yes.

3849
03:17:04,100 --> 03:17:08,133
- Okay, thank you. I'm here with my,

3850
03:17:09,266 --> 03:17:12,133
we have been at Apollo Park since 1979

3851
03:17:12,867 --> 03:17:17,634
and we are, we own a literally a fourth

3852
03:17:17,634 --> 03:17:19,900
of a year in timeshare weeks there.

3853
03:17:20,900 --> 03:17:23,133
And you are familiar with my name

3854
03:17:23,233 --> 03:17:24,233
'cause you've seen me in person

3855
03:17:24,667 --> 03:17:27,367
and you've seen me also on Zooms

3856
03:17:27,367 --> 03:17:31,133
for every single meeting you have had on this topic.

3857
03:17:31,834 --> 03:17:34,667
So I, I am not going away. I'm still here.

3858
03:17:34,900 --> 03:17:38,266
And I do greatly appreciate at the beginning

3859
03:17:38,300 --> 03:17:41,000
of the meeting a lot of my own personal questions

3860
03:17:42,500 --> 03:17:45,767
you have answered and I, I appreciate that.

3861
03:17:46,133 --> 03:17:50,000
In the interest of time, just as Justin has said from Altus,

3862
03:17:51,433 --> 03:17:53,033
I'm going to say that my husband

3863
03:17:53,100 --> 03:17:56,533
and I agree with mostly all of what people have said

3864
03:17:57,567 --> 03:18:01,100
from Apollo Park, either online

3865
03:18:01,767 --> 03:18:03,000
or in person.

3866
03:18:03,433 --> 03:18:04,467
So thank you for that.

3867
03:18:05,300 --> 03:18:09,133
And I would also, my husband

3868
03:18:09,166 --> 03:18:14,033
and I would also reiterate as Andy, our lawyer has stated

3869
03:18:14,266 --> 03:18:16,467
that from our heart

3870
03:18:16,467 --> 03:18:21,066
and soul as the family of Apollo Park, to your

3871
03:18:21,734 --> 03:18:26,033
heart and soul of the commissioners,

3872
03:18:26,033 --> 03:18:27,533
the Town Council and Peck

3873
03:18:27,900 --> 03:18:31,066
and your families, that that you would consider

3874
03:18:31,333 --> 03:18:33,133
what is right to be done.

3875
03:18:39,300 --> 03:18:42,100
And I would then conclude by saying

3876
03:18:42,066 --> 03:18:45,000
that we would be interested in a continuance

3877
03:18:45,066 --> 03:18:49,700
or continued stay on the discussions to keep moving

3878
03:18:50,867 --> 03:18:54,233
this forward, but with a cooperative effort.

3879
03:18:54,867 --> 03:18:56,500
Thank you for your time and efforts.

3880
03:18:57,300 --> 03:18:57,867
- Thank you.

3881
03:19:02,233 --> 03:19:04,033
- I'm gonna promote Laura to talk.

3882
03:19:04,133 --> 03:19:07,100
Laura, if you can state your name for the record.

3883
03:19:07,133 --> 03:19:08,133
You've been promoted.

3884
03:19:10,000 --> 03:19:11,567
- Can you hear me? Now - We can.

3885
03:19:13,333 --> 03:19:15,700
- Hi. Thank you for having me. My name is Laura Willard.

3886
03:19:15,700 --> 03:19:17,100
I'm the secretary of the Vail Mountain

3887
03:19:17,100 --> 03:19:18,367
View Owners Association.

3888
03:19:18,634 --> 03:19:21,033
And I'm reading comments on behalf of our board.

3889
03:19:22,867 --> 03:19:24,767
Our owners association board at

3890
03:19:24,867 --> 03:19:28,266
- V-M-V-V-R

3891
03:19:28,300 --> 03:19:30,033
- Was alarmed that the report

3892
03:19:30,033 --> 03:19:32,433
of the town staff does not address the need for improvements

3893
03:19:32,634 --> 03:19:35,166
to the fire access path located on the west

3894
03:19:35,300 --> 03:19:37,066
of the proposed LUNER Vale North building.

3895
03:19:37,867 --> 03:19:40,033
We have had discussions with the Vail Fire Marshal about

3896
03:19:40,033 --> 03:19:42,033
their desire to have the fire path widened

3897
03:19:42,266 --> 03:19:46,467
to 20 feet wide from an average width of 13 feet wide.

3898
03:19:46,467 --> 03:19:49,533
Currently we have had preliminary discussions

3899
03:19:49,533 --> 03:19:51,233
with Lunar VA about the issue,

3900
03:19:51,567 --> 03:19:54,934
but they've refused to execute a binding agreement

3901
03:19:55,266 --> 03:19:57,867
to participate in the, in the improvements

3902
03:19:58,133 --> 03:20:02,000
and file the modified plans with the improved fire path

3903
03:20:02,300 --> 03:20:04,934
for SDD number 44.

3904
03:20:05,667 --> 03:20:08,433
The burns were involved in both the development of VMVR

3905
03:20:09,266 --> 03:20:10,533
and the initial planning

3906
03:20:10,867 --> 03:20:12,066
and zoning for Altus,

3907
03:20:12,233 --> 03:20:14,734
which created the 70 foot tall Altus building,

3908
03:20:16,133 --> 03:20:19,934
which curtailed large truck access from our Western entry,

3909
03:20:20,066 --> 03:20:23,000
but did not affect our existing easement

3910
03:20:23,100 --> 03:20:27,433
to the east on Apollo's, on on Apollo park's entry,

3911
03:20:28,333 --> 03:20:31,100
the Burns lunar ville North building would now

3912
03:20:31,100 --> 03:20:32,300
remove our existing.

3913
03:20:38,367 --> 03:20:40,033
- Laura, you cut out. We, we've lost you there,

3914
03:20:44,934 --> 03:20:45,133
Laura.

3915
03:20:45,266 --> 03:20:46,533
I think your mic might have cut out.

3916
03:20:46,533 --> 03:20:48,066
We can't, we can no longer hear you.

3917
03:20:50,100 --> 03:20:53,100
- Alright. - We have you wave you back now.

3918
03:20:53,934 --> 03:20:56,634
- Oh, okay. Okay. Where did, where did you leave?

3919
03:20:56,634 --> 03:20:58,900
Where did I leave off? Something about the Eastern

3920
03:20:59,100 --> 03:21:00,300
attack on easement.

3921
03:21:00,500 --> 03:21:04,066
- It was regarding the fire easement to the west.

3922
03:21:05,066 --> 03:21:09,033
- Okay. So when Altus was billed,

3923
03:21:09,033 --> 03:21:11,634
it could child large truck access from our Western entry,

3924
03:21:11,934 --> 03:21:14,834
but did not affect our existing easement

3925
03:21:15,133 --> 03:21:17,333
to the East on Apollo park's entry.

3926
03:21:19,133 --> 03:21:22,934
The Burns Luner Vale North building would now remove our

3927
03:21:23,133 --> 03:21:26,734
existing easement to the east, eliminating firetruck access

3928
03:21:26,734 --> 03:21:30,100
to VMVR in particular, as well as secondarily

3929
03:21:30,667 --> 03:21:34,033
to the Western Apollo Park Building Altus

3930
03:21:34,100 --> 03:21:36,033
and the east side of Luner VA North.

3931
03:21:37,066 --> 03:21:41,834
This improved fire lane must be developed

3932
03:21:42,133 --> 03:21:43,734
for the benefit of the MBR

3933
03:21:43,867 --> 03:21:45,700
and the Western Apollo Park Building

3934
03:21:46,133 --> 03:21:47,467
and the entire neighborhood.

3935
03:21:48,100 --> 03:21:49,100
It must be resolved

3936
03:21:49,467 --> 03:21:53,367
before any recommendation of approval for SDD 44.

3937
03:21:53,934 --> 03:21:58,066
And I'd like to thank you all, everyone for the heroic time

3938
03:21:58,133 --> 03:22:01,066
and effort spent on this one, so thank you very much.

3939
03:22:02,166 --> 03:22:03,033
- Thank you.

3940
03:22:07,900 --> 03:22:10,033
- I'm gonna promote, Bernadette, if,

3941
03:22:10,734 --> 03:22:12,033
if you can state your name for the record.

3942
03:22:18,533 --> 03:22:19,767
- Bernadette, you've been promoted.

3943
03:22:19,767 --> 03:22:21,066
If you can unmute and state your

3944
03:22:21,066 --> 03:22:22,100
name, you can provide your comment.

3945
03:22:25,066 --> 03:22:27,166
- Hi, can you hear me? - We can hear you now, yes.

3946
03:22:28,066 --> 03:22:31,834
- Okay. Yes. So my name is Bernadette Devo

3947
03:22:32,634 --> 03:22:35,767
and I own unit 4 0 3 at Vail Mountain View.

3948
03:22:38,133 --> 03:22:42,433
And I just would like to say I'm in agreement with

3949
03:22:43,100 --> 03:22:45,634
all of the comments, most of the comments today,

3950
03:22:46,367 --> 03:22:49,533
and I am just,

3951
03:22:50,166 --> 03:22:54,500
I just feel like it's, it's frightening to have,

3952
03:22:54,567 --> 03:22:59,033
have any type of future fire incident

3953
03:22:59,100 --> 03:23:03,033
that impacts what could potentially impact

3954
03:23:03,033 --> 03:23:04,300
these three buildings.

3955
03:23:05,033 --> 03:23:06,834
So thank you so much for your time.

3956
03:23:08,500 --> 03:23:09,066
- Thank you.

3957
03:23:13,700 --> 03:23:15,634
- And I'm gonna promote John Deak.

3958
03:23:15,867 --> 03:23:17,300
John, if you can state your name for the record.

3959
03:23:24,367 --> 03:23:25,533
- My name is John O'Brien

3960
03:23:27,033 --> 03:23:29,300
and I've been coming to Vail since 1983.

3961
03:23:30,100 --> 03:23:34,266
I'd just like to thank all the speakers

3962
03:23:35,066 --> 03:23:37,533
coming before me who are much more eloquent than me,

3963
03:23:39,567 --> 03:23:43,100
but we'd like to ask the, the council to,

3964
03:23:44,367 --> 03:23:46,100
to decline this application.

3965
03:23:48,433 --> 03:23:49,433
Thank you very much.

3966
03:23:50,500 --> 03:23:51,066
- Thank you.

3967
03:23:57,000 --> 03:23:58,133
Are there any more speakers online?

3968
03:24:00,100 --> 03:24:02,300
- There are no more hands raised at this moment.

3969
03:24:03,066 --> 03:24:05,100
- Okay. We'll give one last opportunity

3970
03:24:05,166 --> 03:24:07,066
for anyone else in the room who'd like to come to the mic

3971
03:24:07,066 --> 03:24:11,100
and speak and there are no more hands.

3972
03:24:11,100 --> 03:24:12,100
Cole,

3973
03:24:14,066 --> 03:24:16,000
- I'm, I'm not seeing any other hands raised at the moment.

3974
03:24:16,734 --> 03:24:19,700
If I do see any, Brad, would you, would you like to know?

3975
03:24:20,634 --> 03:24:22,634
- Yeah. At this point we'll close public comment though.

3976
03:24:22,634 --> 03:24:24,734
We appreciate all the comment that's been made. Okay.

3977
03:24:25,333 --> 03:24:27,133
At this point I'll go back to staff

3978
03:24:27,266 --> 03:24:29,567
and the applicant for any final comments

3979
03:24:29,567 --> 03:24:32,433
before we move on to commissioner comments.

3980
03:24:32,867 --> 03:24:34,734
I'd also opened it to further commissioner comments

3981
03:24:34,734 --> 03:24:37,333
that have been created from public comment.

3982
03:24:39,266 --> 03:24:40,734
- Staff doesn't have anything further

3983
03:24:40,767 --> 03:24:42,133
unless there's something specific

3984
03:24:42,133 --> 03:24:44,033
that you would like me to address.

3985
03:24:45,367 --> 03:24:46,834
- Does the applicant have any further comments?

3986
03:24:47,934 --> 03:24:50,100
- I do. In fact, I, I apologize,

3987
03:24:50,367 --> 03:24:54,100
but I have quite a few based upon what we're hearing.

3988
03:25:06,767 --> 03:25:08,634
We believe that the applicant has fully

3989
03:25:09,500 --> 03:25:11,934
fulfilled their obligations under the Vail Town Code.

3990
03:25:12,000 --> 03:25:13,367
We have submitted a complete plan

3991
03:25:13,834 --> 03:25:16,266
of development applications to the town staff

3992
03:25:16,266 --> 03:25:17,934
and to the Planning and Environmental Commission.

3993
03:25:18,166 --> 03:25:20,467
We've met the applicant's burden of proof

3994
03:25:20,700 --> 03:25:24,433
by demonstrating compliance with the Vail Town Code as well

3995
03:25:24,433 --> 03:25:25,934
as the Vail Village Master Plan.

3996
03:25:26,033 --> 03:25:28,000
The development application has been presented

3997
03:25:28,000 --> 03:25:30,233
for public discussion at public hearings On six

3998
03:25:30,233 --> 03:25:32,734
or more occasions between the hearings,

3999
03:25:32,734 --> 03:25:35,166
the ma the applicant did maintain open dialogue

4000
03:25:35,166 --> 03:25:37,567
with adjacent property owners and stakeholders.

4001
03:25:38,266 --> 03:25:41,634
As a result, over the past 18 months, the applicant,

4002
03:25:42,100 --> 03:25:44,166
excuse me, the application has been revised

4003
03:25:44,333 --> 03:25:46,567
and amended in response to comments

4004
03:25:46,634 --> 03:25:49,567
and feedback from the Vail Town Council, the Town

4005
03:25:49,567 --> 03:25:51,100
of Vail Planning and Environmental Commission,

4006
03:25:51,100 --> 03:25:52,266
the town staff, and the

4007
03:25:52,500 --> 03:25:54,066
neighboring property owners and stakeholders.

4008
03:25:54,734 --> 03:25:57,033
Admittedly, these comments and the projects, again,

4009
03:25:57,033 --> 03:25:58,233
have improved the project.

4010
03:25:58,500 --> 03:26:01,000
Thank you all for your help in making the project better.

4011
03:26:01,467 --> 03:26:03,033
Did the applicant respond to each

4012
03:26:03,033 --> 03:26:04,900
and every request of the neighbors?

4013
03:26:05,066 --> 03:26:08,066
No, we did not. Nor is there a reasonable expectation

4014
03:26:08,100 --> 03:26:09,100
that we could do so.

4015
03:26:09,300 --> 03:26:11,333
The applicant did, however, respond

4016
03:26:11,467 --> 03:26:13,133
and take numerous positive steps

4017
03:26:13,000 --> 03:26:16,433
to address the requests To the extent possible,

4018
03:26:18,000 --> 03:26:20,700
I need to respond to the letter.

4019
03:26:20,900 --> 03:26:23,266
I think there was a letter in your packet of,

4020
03:26:25,133 --> 03:26:27,066
from the Vail Mountain View Residences

4021
03:26:27,634 --> 03:26:28,767
Homeowner's Association.

4022
03:26:28,867 --> 03:26:30,433
Did everyone get a chance to read that letter?

4023
03:26:31,700 --> 03:26:34,166
- Which - One was this? Because I, I need to respond to

4024
03:26:34,166 --> 03:26:35,533
that, to that letter

4025
03:26:38,533 --> 03:26:40,500
regarding Vail Mountain View Residence's.

4026
03:26:40,667 --> 03:26:42,233
HOA Board of Directors? Yeah,

4027
03:26:42,500 --> 03:26:43,867
- It was from I Do you see that one? Yeah.

4028
03:26:43,867 --> 03:26:46,700
- You see that in there, the applicants, we received a list

4029
03:26:46,700 --> 03:26:49,033
of six demands from the Vail Mountain View,

4030
03:26:49,233 --> 03:26:50,634
HOA Board of Directors.

4031
03:26:51,266 --> 03:26:54,133
The, the comment was, address these six issues

4032
03:26:54,433 --> 03:26:56,700
and you will gain our support for the project.

4033
03:26:57,834 --> 03:27:00,066
Five of the six demands were addressed.

4034
03:27:00,734 --> 03:27:03,467
The sixth for reasons, for ethical reasons,

4035
03:27:03,900 --> 03:27:05,667
was not questionable.

4036
03:27:05,667 --> 03:27:08,433
Ethics aside, the applicants continued to collaborate

4037
03:27:08,433 --> 03:27:10,233
with Vail Mountain View Board of Directors

4038
03:27:10,367 --> 03:27:13,100
and the Vail Fire Department in good faith

4039
03:27:13,133 --> 03:27:16,000
and have offered to implement at the applicant's sole

4040
03:27:16,000 --> 03:27:18,033
expense a design solution

4041
03:27:18,033 --> 03:27:20,533
to an existing life safety issue associated

4042
03:27:20,533 --> 03:27:23,266
with VMVR of Importance.

4043
03:27:24,100 --> 03:27:27,233
Bill and John, when you asked the applicant to meet

4044
03:27:27,233 --> 03:27:29,300
with the neighbors to solve neighborhood issues,

4045
03:27:30,033 --> 03:27:33,033
we believe your expectation was to address planning

4046
03:27:33,066 --> 03:27:35,300
and land use issues in that vein.

4047
03:27:35,767 --> 03:27:37,166
That is exactly what we did.

4048
03:27:37,634 --> 03:27:40,867
We did not think, nor do we believe your request

4049
03:27:40,867 --> 03:27:43,734
for collaboration and expectation was

4050
03:27:43,734 --> 03:27:45,934
to subject the applicant to what we perceive

4051
03:27:46,000 --> 03:27:47,333
as financial extortion.

4052
03:27:48,000 --> 03:27:52,066
No binding agreement with VMVR is required. Why?

4053
03:27:52,100 --> 03:27:55,500
Because all five of the six issues they had asked for

4054
03:27:56,033 --> 03:27:57,834
are addressed on the plans.

4055
03:27:58,066 --> 03:27:59,734
Staff will, will, will verify

4056
03:28:00,467 --> 03:28:02,767
the plans are all the contract we need.

4057
03:28:02,867 --> 03:28:06,300
We've increased the setbacks, we've reduced the GRFA.

4058
03:28:06,867 --> 03:28:10,767
We offered to provide access to a loading

4059
03:28:10,767 --> 03:28:13,634
and delivery space on our property as well as

4060
03:28:13,700 --> 03:28:14,934
to limit the pool hours.

4061
03:28:15,433 --> 03:28:19,000
All we asked for in return was a reciprocal agreement from

4062
03:28:19,000 --> 03:28:21,467
VMVR, not willing to provide that.

4063
03:28:21,834 --> 03:28:24,100
They wanna use our loading and delivery space,

4064
03:28:24,166 --> 03:28:25,567
but we can't use theirs.

4065
03:28:26,700 --> 03:28:29,533
Our whole intent in, in providing access to that loading

4066
03:28:29,533 --> 03:28:32,033
and delivery space was, this was a neighborhood issue.

4067
03:28:32,066 --> 03:28:34,700
Let's resolve these issues as neighbors let,

4068
03:28:34,834 --> 03:28:36,000
same thing with the pool.

4069
03:28:36,233 --> 03:28:37,333
We limit our hours.

4070
03:28:37,734 --> 03:28:40,500
They won't eliminate, or excuse me, limit their hours.

4071
03:28:42,000 --> 03:28:43,000
We believe the request.

4072
03:28:43,266 --> 03:28:46,533
Again, the only reason for the binding agreement, I'm glad

4073
03:28:46,533 --> 03:28:49,033
that Laura Willard brought this up, was

4074
03:28:49,033 --> 03:28:50,300
because outside the bounds

4075
03:28:50,300 --> 03:28:52,533
of any planning application is the requirement

4076
03:28:52,533 --> 03:28:54,133
for financial consideration.

4077
03:28:54,734 --> 03:28:57,100
We're not gonna provide financial consideration.

4078
03:28:57,634 --> 03:29:00,066
All of our other agreements are documented on the plan.

4079
03:29:00,467 --> 03:29:02,100
The only thing they can't get from,

4080
03:29:02,500 --> 03:29:04,934
from the documented plans is financial

4081
03:29:05,100 --> 03:29:06,467
consideration from the applicant.

4082
03:29:06,467 --> 03:29:11,033
In return for a support of their approval.

4083
03:29:11,834 --> 03:29:15,033
In their letter, they, I identify three issues

4084
03:29:15,066 --> 03:29:16,133
that they, they highlight.

4085
03:29:16,367 --> 03:29:17,700
First, let's be honest,

4086
03:29:17,834 --> 03:29:21,133
the Town Council did not reject the proposal on January 6th,

4087
03:29:21,266 --> 03:29:22,300
as was suggested.

4088
03:29:22,734 --> 03:29:25,367
Instead, given the number of revisions proposed

4089
03:29:25,433 --> 03:29:26,767
to the application made

4090
03:29:26,767 --> 03:29:30,634
between the P'S recommendation in November of 2025

4091
03:29:30,734 --> 03:29:33,834
and the Vail Town Council meeting, the Vail Town Council

4092
03:29:34,533 --> 03:29:37,834
specifically stated they wanted the p's, the benefit

4093
03:29:37,934 --> 03:29:41,066
of the P'S review of the revised plans before acting.

4094
03:29:41,500 --> 03:29:43,834
Most of those revisions were the result

4095
03:29:43,834 --> 03:29:45,767
of input shared by the PEC.

4096
03:29:47,066 --> 03:29:48,133
Additionally, yes, the number

4097
03:29:48,133 --> 03:29:50,100
of deviations remains the same.

4098
03:29:51,066 --> 03:29:54,100
Three, there's three deviations. Somebody said five.

4099
03:29:54,100 --> 03:29:55,100
There's three deviations.

4100
03:29:55,166 --> 03:29:57,233
It's documented in the staff memorandum,

4101
03:29:57,533 --> 03:29:59,467
density setbacks in building height.

4102
03:29:59,467 --> 03:30:02,533
However, what VMVR misses is that the extent

4103
03:30:02,533 --> 03:30:04,066
of the deviations has changed,

4104
03:30:04,133 --> 03:30:06,033
and in all instances, the extent

4105
03:30:06,033 --> 03:30:08,300
of deviations has been reduced

4106
03:30:08,634 --> 03:30:10,634
and in all instances it's been reduced.

4107
03:30:10,667 --> 03:30:13,767
In response to five of the six demands

4108
03:30:13,767 --> 03:30:18,000
that we got from VMVR, again, let's not be misled.

4109
03:30:18,033 --> 03:30:22,567
There are distinctions between SDD number 42 and number 44.

4110
03:30:23,100 --> 03:30:25,300
For example, the lots East west orientation,

4111
03:30:25,900 --> 03:30:30,100
the street frontage of SDD number 44

4112
03:30:30,133 --> 03:30:32,300
and SD number 42 are very different.

4113
03:30:32,834 --> 03:30:35,500
The presence of a 30 foot wide utility easement,

4114
03:30:35,934 --> 03:30:37,367
which was the justification

4115
03:30:37,500 --> 03:30:40,467
for the town's variance approval in 1976,

4116
03:30:41,000 --> 03:30:45,300
that affects SDD number four is 44 is absent in

4117
03:30:45,567 --> 03:30:48,767
SDD number 42, the greatest impact

4118
03:30:48,767 --> 03:30:53,133
of the setback deviations in SDD number 42 is not

4119
03:30:53,500 --> 03:30:54,934
the lunar Vail residences.

4120
03:30:55,133 --> 03:31:00,100
You heard somebody, I, I forget someone referenced the

4121
03:31:02,100 --> 03:31:05,100
magnitude of variances we are requesting for our project.

4122
03:31:05,567 --> 03:31:08,000
The magnitude of variances there, the, the,

4123
03:31:08,100 --> 03:31:11,867
I believe they're referencing is the existing variances

4124
03:31:11,867 --> 03:31:15,467
granted by the Town of Vail in 19 76, 77

4125
03:31:15,934 --> 03:31:18,700
for the Apollo Park buildings A and B,

4126
03:31:18,900 --> 03:31:22,266
because this is a single SDD, we do have to account

4127
03:31:22,333 --> 03:31:24,333
for the existing development on the site.

4128
03:31:24,700 --> 03:31:27,100
So when you look at that development table that is,

4129
03:31:27,133 --> 03:31:28,266
that is in your packet

4130
03:31:28,367 --> 03:31:30,133
and you see a zero foot setback,

4131
03:31:30,467 --> 03:31:32,533
that's not the lunar vale residences building,

4132
03:31:32,867 --> 03:31:35,066
that's an existing Apollo Park building.

4133
03:31:35,500 --> 03:31:37,066
When you see a six foot,

4134
03:31:37,100 --> 03:31:42,066
when you see the six foot deviation from the west setback,

4135
03:31:42,166 --> 03:31:43,533
that is our parking garage.

4136
03:31:43,567 --> 03:31:47,834
And as the staff noted, the majority of that is below gray.

4137
03:31:47,867 --> 03:31:50,767
John, you had asked a question about was there any square

4138
03:31:50,767 --> 03:31:54,934
foot is there's 208 square feet that sticks up above grade

4139
03:31:55,066 --> 03:31:56,300
that has been reduced

4140
03:31:56,333 --> 03:31:58,834
by more than half from when we originally

4141
03:31:58,834 --> 03:32:00,100
submitted the application.

4142
03:32:00,634 --> 03:32:03,100
It is immediately adjacent to the Vail Mount,

4143
03:32:03,133 --> 03:32:05,133
or excuse me, the Altus Vail residences,

4144
03:32:05,467 --> 03:32:07,000
which has five stories

4145
03:32:07,100 --> 03:32:09,367
of its building encroaching into the 20 foot

4146
03:32:09,634 --> 03:32:11,567
setback up to five feet.

4147
03:32:12,133 --> 03:32:13,467
I I think I, I don't know.

4148
03:32:13,567 --> 03:32:15,333
I had it in a previous memorandum

4149
03:32:15,333 --> 03:32:18,033
and we shared with you kind of the magnitude of, of what

4150
03:32:18,033 --> 03:32:20,133
that was, but it pales by comparison

4151
03:32:20,333 --> 03:32:23,066
to the 208 square feet of

4152
03:32:23,066 --> 03:32:26,567
where a parking garage barely sticks up above the ground,

4153
03:32:27,066 --> 03:32:29,100
two to four feet out of the ground.

4154
03:32:29,433 --> 03:32:31,834
In fact, in this diagram in illustration

4155
03:32:31,834 --> 03:32:34,000
that you're looking at, you can't even see it

4156
03:32:34,000 --> 03:32:36,700
because it's hidden behind the landscape burn that

4157
03:32:36,700 --> 03:32:39,133
that is adjoining the, the pathway.

4158
03:32:41,900 --> 03:32:46,467
The third issue that VMVR brings up, this is a new one

4159
03:32:46,467 --> 03:32:48,567
to us, quite honestly, I believe,

4160
03:32:48,634 --> 03:32:52,867
and we think it's a a bit disingenuous in, in the response

4161
03:32:53,634 --> 03:32:56,567
included in the, the list of six demands was the reduction

4162
03:32:56,567 --> 03:32:57,634
of, of bulk mass

4163
03:32:57,667 --> 03:33:00,867
and scale of the new building to do so in exchange

4164
03:33:00,900 --> 03:33:02,834
for public acknowledgement of support of the project.

4165
03:33:03,166 --> 03:33:07,000
As VMVR offered to do the north south length

4166
03:33:07,000 --> 03:33:08,700
of the building has been reduced.

4167
03:33:12,567 --> 03:33:13,934
I'm gonna jump ahead, Sean.

4168
03:33:14,000 --> 03:33:17,066
Can you, is this your presentation, Heather? Or I'm sorry,

4169
03:33:17,066 --> 03:33:21,734
- Your, it's, it's stuck.

4170
03:33:23,634 --> 03:33:24,634
Oh, that's the end.

4171
03:33:25,934 --> 03:33:28,066
- Oh, thank you. I'll go up then.

4172
03:33:32,000 --> 03:33:33,934
I think this is important to understand

4173
03:33:34,133 --> 03:33:36,333
'cause it, it, it's being largely overlooked.

4174
03:33:41,033 --> 03:33:43,367
The diagram you see on the screen in front of you

4175
03:33:44,133 --> 03:33:46,767
in the brown shading, that was,

4176
03:33:46,867 --> 03:33:49,734
that is the existing building as proposed today.

4177
03:33:50,166 --> 03:33:53,300
The yellow moat that is essentially around that building

4178
03:33:54,066 --> 03:33:58,066
that is the proposal back that you saw back in December

4179
03:33:58,233 --> 03:34:00,367
and the Town Council saw in January.

4180
03:34:01,266 --> 03:34:05,634
We've significantly reduced the amount of length

4181
03:34:05,934 --> 03:34:09,233
to the building and width of that building on the site.

4182
03:34:09,533 --> 03:34:11,100
This is also at the ground point.

4183
03:34:11,100 --> 03:34:13,100
If you look in the upper right hand corner

4184
03:34:14,100 --> 03:34:15,867
of our building kind of screen,

4185
03:34:15,867 --> 03:34:17,934
right upper right hand corner of the building, there's

4186
03:34:17,934 --> 03:34:21,100
that beige light brown color that is building mass

4187
03:34:21,100 --> 03:34:22,867
that has been entirely removed

4188
03:34:23,367 --> 03:34:25,000
above the first level of the building.

4189
03:34:25,100 --> 03:34:27,266
So from ground, it shows up here

4190
03:34:27,433 --> 03:34:29,700
because it does touch the ground as a footprint,

4191
03:34:29,700 --> 03:34:33,333
but once you're above grade, that

4192
03:34:33,333 --> 03:34:36,767
that building mass has been entirely reduced from the site.

4193
03:34:37,133 --> 03:34:40,233
That was in response to the input that we had received from

4194
03:34:40,834 --> 03:34:42,100
from VMVR.

4195
03:34:42,700 --> 03:34:45,000
We believe we've gone through and checked each of the boxes.

4196
03:34:45,266 --> 03:34:49,467
However, now V-M-V-R-H-O-A board is now back saying the

4197
03:34:49,467 --> 03:34:51,500
development is too large and too tall.

4198
03:34:51,934 --> 03:34:56,934
Either the V-M-V-R-H-O-A board of directors never intended

4199
03:34:57,000 --> 03:34:58,533
to negotiate in good faith

4200
03:34:58,867 --> 03:35:01,734
or Howard Willard, who I've spoken with dozens,

4201
03:35:02,100 --> 03:35:05,934
literally dozens of times was not authorized

4202
03:35:06,033 --> 03:35:07,700
to speak on behalf of the board.

4203
03:35:08,133 --> 03:35:12,100
Either way, the applicant acted in favor, acted favorably

4204
03:35:12,266 --> 03:35:14,567
and demonstrated its willingness to collaborate

4205
03:35:14,567 --> 03:35:17,734
with its neighbors and as requested by the PEC.

4206
03:35:18,300 --> 03:35:21,567
Despite the response that we got from VMVR,

4207
03:35:22,066 --> 03:35:24,066
our plans are gonna stay the same.

4208
03:35:24,333 --> 03:35:27,000
The deal, we're not looking to retrade the deal as,

4209
03:35:27,000 --> 03:35:31,634
as has been suggested by VMVR finally as attested to

4210
03:35:31,667 --> 03:35:33,100
by the, the Vail Fire Department.

4211
03:35:33,500 --> 03:35:35,266
The applicant has not refused

4212
03:35:35,266 --> 03:35:38,033
to help improve emergency vehicle access.

4213
03:35:38,133 --> 03:35:40,000
In fact, despite not being required,

4214
03:35:40,300 --> 03:35:41,734
this is an important distinction.

4215
03:35:41,734 --> 03:35:43,934
This is not required by the Vail Town Code

4216
03:35:44,266 --> 03:35:46,033
or by the adopted fire code.

4217
03:35:46,033 --> 03:35:49,300
The applicant has generat generated the idea

4218
03:35:49,934 --> 03:35:52,033
to improve the existing access path

4219
03:35:52,066 --> 03:35:54,033
and present it to the town for review.

4220
03:35:54,300 --> 03:35:55,700
It's been presented to the town.

4221
03:35:55,934 --> 03:35:58,467
I think back in May was the first time we met

4222
03:35:58,467 --> 03:36:00,767
with the fire department to demonstrate this plan.

4223
03:36:01,567 --> 03:36:03,000
So it, it has been out there

4224
03:36:03,133 --> 03:36:07,700
and it is out there since VR VMVR has gone back on its word

4225
03:36:07,700 --> 03:36:09,467
and desires to retrade its deal

4226
03:36:09,467 --> 03:36:11,834
and sought to extort rather than collaborate.

4227
03:36:12,066 --> 03:36:13,834
I have chosen to take a different approach

4228
03:36:13,900 --> 03:36:16,867
to resolving the issues rather than continue to

4229
03:36:17,300 --> 03:36:19,000
actively engage with VMVR.

4230
03:36:19,133 --> 03:36:21,266
Please don't allow yourselves to be misled

4231
03:36:21,266 --> 03:36:25,767
and represented by the VM V-R-H-O-A board of directors.

4232
03:36:32,033 --> 03:36:34,934
I do want to respond to some of the, the questions

4233
03:36:35,000 --> 03:36:36,233
and comments that came up.

4234
03:36:42,000 --> 03:36:44,767
Fire access. We've talked about, we heard numerous folks

4235
03:36:45,834 --> 03:36:50,533
kind of represent a willingness to collaborate on a,

4236
03:36:50,867 --> 03:36:52,066
a shared development plan.

4237
03:36:52,433 --> 03:36:53,867
Again for 18 months.

4238
03:36:54,033 --> 03:36:55,333
I spoke in front of this board

4239
03:36:55,467 --> 03:36:58,700
and the Town Council about a desire

4240
03:36:58,867 --> 03:37:00,634
to solve the Apollo Park puzzle.

4241
03:37:01,867 --> 03:37:03,867
We tried, we tried diligently,

4242
03:37:03,900 --> 03:37:07,033
we tried numerous different ways.

4243
03:37:07,000 --> 03:37:08,567
We revised the plans there.

4244
03:37:08,567 --> 03:37:09,767
There was comment in the,

4245
03:37:10,100 --> 03:37:13,300
in the public comments about the number of revisions

4246
03:37:13,300 --> 03:37:15,000
and the length of this review process.

4247
03:37:15,233 --> 03:37:17,467
I think that's largely because of the,

4248
03:37:17,734 --> 03:37:20,934
the numerous revisions we continue to make in an effort

4249
03:37:21,066 --> 03:37:22,767
to try to come up with a solution

4250
03:37:22,767 --> 03:37:25,000
that solved the Apollo Park puzzle.

4251
03:37:25,033 --> 03:37:27,533
Unfortunately, we haven't been able to do that.

4252
03:37:27,734 --> 03:37:30,133
Quite honestly, when I say we,

4253
03:37:30,300 --> 03:37:33,066
I mean not only the applicant in Apollo Park,

4254
03:37:33,266 --> 03:37:36,300
but that includes the town staff, the neighbors,

4255
03:37:36,634 --> 03:37:38,367
the planning commission, the Town Council

4256
03:37:38,867 --> 03:37:41,934
to solve The Apollo Park puzzle as we continued to,

4257
03:37:41,934 --> 03:37:43,500
to reiterate, was going

4258
03:37:43,500 --> 03:37:45,100
to take more than just one individual,

4259
03:37:45,266 --> 03:37:47,000
just a, a small group of people.

4260
03:37:47,033 --> 03:37:50,367
It was going to take a concerted effort

4261
03:37:50,433 --> 03:37:54,300
by everybody involved, excuse me, involved to get there.

4262
03:37:54,934 --> 03:37:57,533
There was conversation also about,

4263
03:37:58,734 --> 03:38:00,100
and I don't want to go into this

4264
03:38:00,066 --> 03:38:02,100
'cause I understand this is not your purview,

4265
03:38:02,166 --> 03:38:05,567
but there are legal agreements, lease agreements

4266
03:38:05,634 --> 03:38:09,033
between Lunar Bay land investment in Apollo Park

4267
03:38:09,333 --> 03:38:11,567
that are not the purview of this board.

4268
03:38:11,567 --> 03:38:13,734
They're not to be adjudicated by this board,

4269
03:38:14,133 --> 03:38:16,734
but there are some, some issues that that came up that i,

4270
03:38:16,834 --> 03:38:19,467
I do want to just brush on quickly because it's important.

4271
03:38:19,700 --> 03:38:22,333
I think that everyone understands within those agreements,

4272
03:38:22,333 --> 03:38:25,000
there is written acknowledgement

4273
03:38:25,100 --> 03:38:29,000
that a building E is going to exist on this site

4274
03:38:29,000 --> 03:38:30,767
and it would exist in the location

4275
03:38:30,767 --> 03:38:32,066
of the surface parking lot

4276
03:38:32,066 --> 03:38:34,100
where we're proposing to put this building.

4277
03:38:34,667 --> 03:38:36,500
It also acknowledges

4278
03:38:36,500 --> 03:38:40,000
that there are no additional development rights available

4279
03:38:40,066 --> 03:38:43,266
to Apollo Park beyond what is out there in existing today.

4280
03:38:44,066 --> 03:38:46,367
Again, as I shared, we accommodate those

4281
03:38:46,900 --> 03:38:49,133
and propose those be addressed in this

4282
03:38:49,133 --> 03:38:50,467
special development district.

4283
03:38:50,834 --> 03:38:53,567
So in the event that something happens to Apollo Park,

4284
03:38:53,900 --> 03:38:55,300
it can be rebuilt.

4285
03:38:55,734 --> 03:38:57,867
This diagram that's on the screen that,

4286
03:38:57,867 --> 03:39:00,834
that the architects put back together for me, it it,

4287
03:39:00,834 --> 03:39:02,734
it shows some additional information

4288
03:39:03,433 --> 03:39:06,066
and that is, if you look to the left hand side of the pool,

4289
03:39:06,100 --> 03:39:09,834
you see that kind of pink color, darker pink color

4290
03:39:09,834 --> 03:39:10,934
and the light pink color.

4291
03:39:11,166 --> 03:39:13,834
The darker pink color was the riverfront

4292
03:39:14,100 --> 03:39:15,066
building in the location.

4293
03:39:15,100 --> 03:39:16,700
We originally had it proposed.

4294
03:39:17,000 --> 03:39:18,233
You'll notice that nothing

4295
03:39:18,233 --> 03:39:20,233
that we're doing on this north portion

4296
03:39:20,233 --> 03:39:22,634
of the site prohibits the redevelopment

4297
03:39:23,000 --> 03:39:24,266
of a riverfront building.

4298
03:39:25,100 --> 03:39:28,367
And, and in fact we, we have gone to lengths to understand

4299
03:39:28,367 --> 03:39:32,033
that if in the future there were to be an opportunity

4300
03:39:32,634 --> 03:39:36,033
to collaborate with Apollo Park in a way

4301
03:39:36,033 --> 03:39:37,500
that is both financially viable

4302
03:39:38,133 --> 03:39:40,500
and can be approved by the Town of Vail.

4303
03:39:40,500 --> 03:39:42,266
That's the important distinction can

4304
03:39:42,266 --> 03:39:43,700
be approved by the Town of Vail.

4305
03:39:44,100 --> 03:39:46,934
We've, we've ensured that in our proposed plan

4306
03:39:46,934 --> 03:39:50,000
that you're looking at today, that we can extend

4307
03:39:50,367 --> 03:39:53,033
that parking structure as we originally intended.

4308
03:39:53,867 --> 03:39:57,333
Nothing changes about what we're seeking approval for today

4309
03:39:57,634 --> 03:40:00,100
to what we could potentially do if the parties

4310
03:40:00,634 --> 03:40:02,033
can collaborate in the future.

4311
03:40:08,567 --> 03:40:11,533
It was interesting listening to some of the comments

4312
03:40:13,033 --> 03:40:16,233
because we agree there was a lot more agreement from

4313
03:40:16,233 --> 03:40:20,300
what was shared today than I think people truly understand.

4314
03:40:20,834 --> 03:40:23,700
We agree it's an old outdated building.

4315
03:40:24,000 --> 03:40:26,867
Apollo Park at some point probably needs to be redeveloped.

4316
03:40:27,133 --> 03:40:30,233
It wasn't contemplated in the master plan and

4317
03:40:30,233 --> 03:40:32,667
therefore it was not supported by the town.

4318
03:40:32,834 --> 03:40:35,467
The redevelopment of Apollo Park was not supported

4319
03:40:35,467 --> 03:40:37,667
because it was not acknowledged in the master plan.

4320
03:40:38,133 --> 03:40:40,100
We talked about the value of,

4321
03:40:40,133 --> 03:40:44,700
or the distinction between there being a, you know,

4322
03:40:44,734 --> 03:40:46,033
you know, I think the only thing worse,

4323
03:40:46,233 --> 03:40:48,734
I may have shared this, the only thing worse than not having

4324
03:40:48,934 --> 03:40:50,734
a master plan for your guidance

4325
03:40:50,867 --> 03:40:53,634
and review as a planning commission and as a planning staff

4326
03:40:53,634 --> 03:40:56,934
and an and an applicant is to have an outdated master plan.

4327
03:40:56,934 --> 03:40:58,433
Because by its very nature,

4328
03:40:58,533 --> 03:41:00,133
it leads you down the wrong path.

4329
03:41:00,133 --> 03:41:02,233
From the very beginning of your planning efforts,

4330
03:41:03,000 --> 03:41:06,467
we attempted to amend the master plan so

4331
03:41:06,467 --> 03:41:10,000
that we were all moving forward in, in a similar direction.

4332
03:41:10,667 --> 03:41:13,500
Again, the Apollo Park puzzle, we couldn't get there.

4333
03:41:13,734 --> 03:41:15,700
We tried, but most importantly,

4334
03:41:15,700 --> 03:41:17,900
there's nothing about this application today

4335
03:41:17,900 --> 03:41:22,066
that precludes us from continuing as we, as we go forward.

4336
03:41:22,834 --> 03:41:26,033
In fact, lunar VA's objective has always been

4337
03:41:26,033 --> 03:41:28,066
to complete a whole property redevelopment.

4338
03:41:28,834 --> 03:41:30,166
Apollo Park would like to believe

4339
03:41:30,166 --> 03:41:31,667
that Lunar VA has done nothing

4340
03:41:31,767 --> 03:41:35,367
to collaborate on a whole party redevelopment project.

4341
03:41:36,100 --> 03:41:37,667
Three different planning efforts

4342
03:41:37,834 --> 03:41:40,500
and countless plan iterations prove otherwise.

4343
03:41:41,634 --> 03:41:44,500
Interestingly, lunar VA residences again now are in,

4344
03:41:44,533 --> 03:41:46,000
in the exact same location

4345
03:41:46,033 --> 03:41:49,133
and configuration today as they were yesterday.

4346
03:41:50,033 --> 03:41:54,433
Albeit they are now reduced in size and footprint.

4347
03:41:55,100 --> 03:41:57,734
This change in no way impacts the redevelopment

4348
03:41:57,734 --> 03:42:00,133
of Apollo Park in the future.

4349
03:42:00,867 --> 03:42:04,300
Yet Apollo Park Association somehow now today

4350
03:42:05,033 --> 03:42:06,533
vehemently opposes it

4351
03:42:06,533 --> 03:42:08,000
because it does not comply

4352
03:42:08,000 --> 03:42:10,133
with the zoning in the in the master plan.

4353
03:42:10,734 --> 03:42:12,467
This seems duplicitous to us.

4354
03:42:13,066 --> 03:42:16,634
It appears that to be Apollo Park may be experiencing a bit

4355
03:42:16,634 --> 03:42:18,133
of negotiator's remorse.

4356
03:42:18,333 --> 03:42:21,934
It has been requested of the association by lunar ville

4357
03:42:22,100 --> 03:42:24,433
that rather than opposing the plan that they,

4358
03:42:24,533 --> 03:42:28,133
that they once fully supported propose a redevelopment

4359
03:42:28,133 --> 03:42:30,166
option that is both financially viable

4360
03:42:30,567 --> 03:42:32,567
and can't be approved by the Town of Vail.

4361
03:42:33,700 --> 03:42:34,867
Lunar VA is prepared

4362
03:42:34,867 --> 03:42:38,100
to enthusiastically reengage in a whole party redevelopment

4363
03:42:38,367 --> 03:42:40,333
instead of investing in legal effort,

4364
03:42:41,000 --> 03:42:45,066
legal efforts perhaps do as Vail lunar VA has done

4365
03:42:45,433 --> 03:42:49,000
and invest in redevelopment design alternatives

4366
03:42:49,000 --> 03:42:50,367
that the town will approve.

4367
03:42:54,000 --> 03:42:56,467
It. It, it seems like I said that, that

4368
03:42:58,533 --> 03:43:01,100
there's support for collaboration

4369
03:43:01,133 --> 03:43:03,867
but at this point in time from both sides,

4370
03:43:04,266 --> 03:43:07,266
but regardless of of how that collaboration

4371
03:43:08,133 --> 03:43:11,033
plays out going forward, there is an opportunity

4372
03:43:11,000 --> 03:43:13,300
for a redeveloped building pursuant

4373
03:43:13,300 --> 03:43:15,767
to the master plan on the surface parking lot.

4374
03:43:15,867 --> 03:43:18,100
In this portion of the avail village master plan

4375
03:43:18,333 --> 03:43:22,100
that we're proposing and requesting approval for

4376
03:43:22,233 --> 03:43:24,300
or a recommendation of approval for today,

4377
03:43:25,100 --> 03:43:27,467
we'd again ask you to approve this project

4378
03:43:28,133 --> 03:43:30,734
to the Town Council, subject to the conditions

4379
03:43:30,834 --> 03:43:34,133
that were recommended by the town staff, the

4380
03:43:35,500 --> 03:43:37,300
adoption or the alteration

4381
03:43:37,500 --> 03:43:40,100
to the community housing plan option two,

4382
03:43:40,667 --> 03:43:43,767
and the understanding that prior to first reading

4383
03:43:44,000 --> 03:43:47,533
of an amending ordinance, we will show that

4384
03:43:48,867 --> 03:43:51,934
fire department access that the applicant has agreed

4385
03:43:51,934 --> 03:43:56,066
and been agreeing to provide for months now on our plans.

4386
03:43:56,133 --> 03:43:58,500
So the Town Council has the benefit for that.

4387
03:43:59,333 --> 03:44:01,133
I do want to be very clear about the,

4388
03:44:01,467 --> 03:44:03,100
the fire department access

4389
03:44:04,266 --> 03:44:06,133
because a large portion of

4390
03:44:06,133 --> 03:44:08,367
that encroaches onto this property

4391
03:44:08,467 --> 03:44:12,500
and it is not required by the International Fire Code.

4392
03:44:12,734 --> 03:44:16,567
And I believe the town staff can reiterate this as,

4393
03:44:16,734 --> 03:44:18,834
as stated by the Vail Fire Department.

4394
03:44:19,367 --> 03:44:24,133
We would like a fire lane designation applied to

4395
03:44:24,133 --> 03:44:27,300
that site so that it is used for fire lanes

4396
03:44:27,367 --> 03:44:28,767
and not for any other reasons.

4397
03:44:29,333 --> 03:44:32,033
I think the real reason Vail Mountain View residence is,

4398
03:44:32,033 --> 03:44:36,000
is looking for this fire lane access is they have an

4399
03:44:36,000 --> 03:44:40,100
expectation of using it for remodels and removal

4400
03:44:40,100 --> 03:44:43,233
and repair of hot tubs and whatnot on their site

4401
03:44:43,300 --> 03:44:47,867
because that's how this issue first arose was, you know, how

4402
03:44:48,000 --> 03:44:49,567
how are we gonna get to our buildings

4403
03:44:49,634 --> 03:44:52,700
to take our hot tubs down again, we'll,

4404
03:44:52,700 --> 03:44:54,867
we'll provide fire access for life safety

4405
03:44:55,100 --> 03:44:57,000
and property protection purposes.

4406
03:44:57,467 --> 03:45:01,700
I'm not sure given the, the circumstances that

4407
03:45:02,166 --> 03:45:05,500
also providing access for remodels construction

4408
03:45:05,500 --> 03:45:08,066
and hot tub removals was the intended purpose

4409
03:45:08,433 --> 03:45:10,000
of of that objective.

4410
03:45:12,100 --> 03:45:14,066
- If I may from, I have a,

4411
03:45:15,066 --> 03:45:18,266
an email from the fire department from our Fire,

4412
03:45:18,333 --> 03:45:19,767
fire Marshal Taylor Ross,

4413
03:45:20,634 --> 03:45:24,367
and this is in, in regard to the fire lane

4414
03:45:24,367 --> 03:45:26,767
that he is talking about between Mountain View

4415
03:45:27,133 --> 03:45:30,867
and lunar ville and it says regarding the approval

4416
03:45:30,867 --> 03:45:35,000
of the PEC, it is not dependent on the improved access via

4417
03:45:35,000 --> 03:45:38,133
this easement and it could be documented in the DRB

4418
03:45:38,133 --> 03:45:41,066
or building permit stage if an agreement is reached.

4419
03:45:42,066 --> 03:45:44,934
But Vail fired and emergency services should be consulted

4420
03:45:44,934 --> 03:45:45,934
to provide guidance.

4421
03:45:46,300 --> 03:45:49,767
Since it is not a requirement, we're not going

4422
03:45:49,767 --> 03:45:52,100
to include this as a condition of approval.

4423
03:45:52,500 --> 03:45:54,467
So it is a civil matter at this point

4424
03:45:54,500 --> 03:45:57,100
and once the civil matter is resolved,

4425
03:45:57,100 --> 03:45:58,834
then the fire department will be

4426
03:45:59,033 --> 03:46:00,634
involved to look at those changes.

4427
03:46:01,033 --> 03:46:04,934
- Understood. - The only thing I,

4428
03:46:05,333 --> 03:46:09,066
I believe we have some legal counsel online that just wants

4429
03:46:09,066 --> 03:46:12,000
to make a quick remark in response to,

4430
03:46:12,900 --> 03:46:13,900
- To our council.

4431
03:46:13,900 --> 03:46:15,333
We can, yeah, we can consider that as applicant.

4432
03:46:16,100 --> 03:46:17,000
Common. Thank

4433
03:46:17,000 --> 03:46:18,000
- You.

4434
03:46:20,100 --> 03:46:24,000
- Is it Mary? Is that who I should be promoting? Mary,

4435
03:46:24,066 --> 03:46:27,233
- What names should we promote - Or is it Chris?

4436
03:46:27,500 --> 03:46:28,500
Chris, Chris

4437
03:46:30,100 --> 03:46:31,100
- Pain?

4438
03:46:32,634 --> 03:46:33,767
- Well probably Chris.

4439
03:46:34,133 --> 03:46:36,066
I have a, I have a Mary with her hand raised.

4440
03:46:38,433 --> 03:46:40,033
I'm gonna just see if this is Chris.

4441
03:46:40,033 --> 03:46:42,734
I don't have Chris who you're looking for is online.

4442
03:46:46,000 --> 03:46:46,367
- It may be.

4443
03:46:50,667 --> 03:46:52,634
- This is Chris Payne. There.

4444
03:46:52,934 --> 03:46:54,000
- There we go. We have you Chris

4445
03:46:59,000 --> 03:47:00,066
- Payne.

4446
03:47:00,066 --> 03:47:01,033
I'm a partner with the law firm

4447
03:47:01,100 --> 03:47:03,567
of Ballard Spar based in Denver.

4448
03:47:03,934 --> 03:47:05,634
My address is Littleton, Colorado.

4449
03:47:07,000 --> 03:47:11,100
And again, I'll be brief as course you heard from George.

4450
03:47:12,000 --> 03:47:15,533
We received a comment letter from

4451
03:47:15,700 --> 03:47:19,000
the Apollo Park at

4452
03:47:24,000 --> 03:47:25,000
- Chris.

4453
03:47:25,000 --> 03:47:25,900
You're, you're cutting out. We're losing you

4454
03:47:33,567 --> 03:47:35,100
Chris, we've, we've lost you.

4455
03:47:35,100 --> 03:47:36,867
You're still promoted. We can't hear you.

4456
03:47:47,333 --> 03:47:50,000
We, we can hear you now. It might be a bad connection.

4457
03:47:50,767 --> 03:47:53,066
- Alright, I'll stop shuffling papers in front

4458
03:47:53,066 --> 03:47:54,133
of the microphone as well.

4459
03:47:56,133 --> 03:47:58,467
We did present a supplemental

4460
03:48:01,066 --> 03:48:03,300
response to the

4461
03:48:03,767 --> 03:48:06,233
association's memo.

4462
03:48:06,934 --> 03:48:10,300
They provided effectively two memos, one dated July 6th,

4463
03:48:11,033 --> 03:48:14,100
another dated July 23rd.

4464
03:48:15,133 --> 03:48:17,634
Hopefully our memo will, will be, make it into the

4465
03:48:21,033 --> 03:48:23,100
package for today's meeting,

4466
03:48:23,433 --> 03:48:24,900
but I just wanted to highlight it's

4467
03:48:24,900 --> 03:48:26,000
- Submitted to the record. Yep.

4468
03:48:26,934 --> 03:48:31,467
- Points in support of the application

4469
03:48:35,000 --> 03:48:38,934
separate and apart from George's summary indicating

4470
03:48:38,934 --> 03:48:42,667
that there are, you know, new objections on

4471
03:48:43,867 --> 03:48:46,000
town code compatibility

4472
03:48:48,100 --> 03:48:51,133
and reasserting that the applicant has responded

4473
03:48:51,133 --> 03:48:54,133
to those both comments both raised

4474
03:48:54,133 --> 03:48:55,767
by the association and by other parties.

4475
03:48:56,634 --> 03:48:57,934
There are two legal issues.

4476
03:48:58,734 --> 03:49:02,133
The first is the association's contention that

4477
03:49:03,166 --> 03:49:08,033
there is no authority to proceed with the application

4478
03:49:08,033 --> 03:49:12,133
because the association has withdrawn its initial

4479
03:49:15,066 --> 03:49:16,900
notice of of authorization.

4480
03:49:17,634 --> 03:49:20,000
And then the second point being that,

4481
03:49:20,834 --> 03:49:25,033
that the current application somehow has irrevocably

4482
03:49:26,066 --> 03:49:30,367
denied the association, the ability to redevelop

4483
03:49:31,333 --> 03:49:32,533
the existing buildings.

4484
03:49:32,533 --> 03:49:36,433
What we're referring to as A and B on the first point.

4485
03:49:37,333 --> 03:49:41,433
We've provided in the memo the association's initial

4486
03:49:42,033 --> 03:49:46,867
notice of authorization that

4487
03:49:47,533 --> 03:49:51,533
is effectively the similar form as the town's form

4488
03:49:53,033 --> 03:49:57,100
and we support the opinion

4489
03:49:57,734 --> 03:50:01,333
and share the opinion of the town attorneys that

4490
03:50:02,900 --> 03:50:06,834
there is no, you know, unilateral right by the

4491
03:50:07,367 --> 03:50:12,233
association to withdraw that a authority, particularly when

4492
03:50:13,066 --> 03:50:14,634
the changes that have been made

4493
03:50:14,767 --> 03:50:18,900
to the initial application have been to comply

4494
03:50:19,066 --> 03:50:20,634
with the town code.

4495
03:50:21,066 --> 03:50:25,100
This is not a situation where the applicant has somehow

4496
03:50:26,500 --> 03:50:30,233
ginned up a completely new development

4497
03:50:30,867 --> 03:50:35,266
and has tried to slip a, a prior approval

4498
03:50:35,533 --> 03:50:40,333
by the association into a new application.

4499
03:50:41,033 --> 03:50:43,834
This is a continuation of the existing application

4500
03:50:43,867 --> 03:50:48,667
that the association authorized on the north building

4501
03:50:50,100 --> 03:50:53,100
and is really just dissatisfied that the

4502
03:50:55,433 --> 03:50:57,867
ability to redevelop a

4503
03:50:57,867 --> 03:51:00,233
and B at this point was

4504
03:51:01,700 --> 03:51:03,634
withdrawn from the initial application.

4505
03:51:06,667 --> 03:51:10,133
On the second point, again as George stated, and

4506
03:51:10,166 --> 03:51:14,500
and we concur based on our review of the ground lease,

4507
03:51:15,100 --> 03:51:18,300
the amendments to the ground lease, the assignments

4508
03:51:18,300 --> 03:51:23,033
of the ground lease all somewhat

4509
03:51:23,900 --> 03:51:26,066
ine and the town doesn't need to get into

4510
03:51:26,867 --> 03:51:29,767
but the end result is that lunar vale

4511
03:51:30,533 --> 03:51:34,033
both reserved the development rights necessary to

4512
03:51:36,000 --> 03:51:38,100
proceed with the current application

4513
03:51:39,734 --> 03:51:41,533
is exercising those development rights

4514
03:51:42,734 --> 03:51:47,133
and also continues to hold any development rights applicable

4515
03:51:47,066 --> 03:51:51,066
to the future redevelopment of building A and B.

4516
03:51:51,934 --> 03:51:55,900
So as George concluded,

4517
03:51:56,567 --> 03:51:59,867
we stand ready to exercise the development rights when there

4518
03:51:59,867 --> 03:52:01,734
is a, a viable development

4519
03:52:03,500 --> 03:52:05,667
and nothing in the current application has

4520
03:52:07,934 --> 03:52:10,333
from a private legal matter reduced

4521
03:52:10,467 --> 03:52:13,233
or eliminated those, those reserve development rights.

4522
03:52:14,000 --> 03:52:16,433
So again, glad to answer any questions.

4523
03:52:17,667 --> 03:52:18,834
Thank you for your time.

4524
03:52:20,133 --> 03:52:23,266
We request the recommendation to proceed with approval

4525
03:52:23,934 --> 03:52:25,100
of the current application.

4526
03:52:26,900 --> 03:52:31,033
- Thank you. George, you have any further comments for us?

4527
03:52:32,033 --> 03:52:34,433
Not at this time. Thank you there.

4528
03:52:34,433 --> 03:52:37,700
Any further questions of the applicant from commissioners?

4529
03:52:43,000 --> 03:52:46,100
I seeing none, I'd like to move into commissioner comment.

4530
03:52:48,867 --> 03:52:52,100
This is an involved one. Anyone willing to lead us off?

4531
03:52:54,533 --> 03:52:56,367
- I can try. - Okay. Commissioner Wallace,

4532
03:52:57,000 --> 03:53:01,066
- Do, do we want to start by, we have to make a decision

4533
03:53:01,066 --> 03:53:03,033
between like option one and option two.

4534
03:53:03,367 --> 03:53:05,066
Do we wanna separate that or just

4535
03:53:05,066 --> 03:53:06,066
- Include it?

4536
03:53:06,066 --> 03:53:07,567
If there's a motion then that would be part

4537
03:53:07,567 --> 03:53:10,533
of the motion in amending the conditions to comply

4538
03:53:10,533 --> 03:53:11,667
to con to option two.

4539
03:53:12,033 --> 03:53:14,066
Yep. So you could state, you know, as we,

4540
03:53:14,667 --> 03:53:17,033
as you talk about your comments on the file in general,

4541
03:53:17,133 --> 03:53:21,000
you could state your, you know, your thoughts on that.

4542
03:53:21,500 --> 03:53:24,500
- Okay. Alright.

4543
03:53:27,266 --> 03:53:29,734
So first I'm gonna be reading a little bit,

4544
03:53:30,233 --> 03:53:34,233
there's a lot here and I think I, I think the beginning

4545
03:53:34,233 --> 03:53:39,033
of this is addressing my thoughts on some

4546
03:53:39,033 --> 03:53:40,500
of the public comments.

4547
03:53:40,667 --> 03:53:43,700
So first of all, I think it's imperative that the safety

4548
03:53:43,834 --> 03:53:45,734
of residents be insured at all phases

4549
03:53:45,734 --> 03:53:47,900
of construction on safety.

4550
03:53:48,133 --> 03:53:49,767
I will defer to our fire department and,

4551
03:53:49,867 --> 03:53:52,433
but I want to ensure that the concerns raised have been

4552
03:53:52,433 --> 03:53:54,500
addressed in the department's approval as it relates

4553
03:53:54,500 --> 03:53:55,767
to all phases of the project.

4554
03:53:57,000 --> 03:54:00,734
I also think that it, it directly

4555
03:54:00,734 --> 03:54:04,900
and indirectly relates to I believe part of our master plan

4556
03:54:04,900 --> 03:54:07,300
where construction impacts should be resolved rather than

4557
03:54:07,300 --> 03:54:10,100
deferred and coordinated

4558
03:54:10,100 --> 03:54:11,533
to minimize unintended consequences.

4559
03:54:12,233 --> 03:54:15,166
We've talked about that from both sides ad nauseum today.

4560
03:54:15,734 --> 03:54:19,033
So, you know, the one thing

4561
03:54:19,233 --> 03:54:22,100
that was left in my mind was there a lot of, a lot

4562
03:54:22,100 --> 03:54:24,300
of folks raised the issue of temporary parking,

4563
03:54:24,300 --> 03:54:26,033
which I think is a component of that.

4564
03:54:26,934 --> 03:54:29,000
I don't know if there's a plan. I didn't hear that today.

4565
03:54:36,533 --> 03:54:37,934
I kind of said this from the beginning,

4566
03:54:37,934 --> 03:54:39,100
but I I believe we should have

4567
03:54:40,033 --> 03:54:41,066
attorney representation on record

4568
03:54:41,133 --> 03:54:43,834
to explain why this specific project does not require

4569
03:54:44,900 --> 03:54:45,934
approval or why the approval

4570
03:54:46,100 --> 03:54:48,266
or validate the memo that we received today.

4571
03:54:48,266 --> 03:54:50,166
Which I think is gonna be made part of the record.

4572
03:54:52,700 --> 03:54:54,467
I do understand that there was an earlier approval

4573
03:54:54,767 --> 03:54:56,900
by Apollo, but that the plan has changed

4574
03:54:56,900 --> 03:54:59,000
and I personally can't get my head around how

4575
03:54:59,000 --> 03:55:01,700
that does not require additional approval.

4576
03:55:02,834 --> 03:55:04,467
I'm, I rely on the advice

4577
03:55:04,533 --> 03:55:07,100
that we have from counsel from our earlier meetings

4578
03:55:09,000 --> 03:55:10,634
and so I'm not trying to rera that.

4579
03:55:10,700 --> 03:55:14,066
I just wanted to say, I just wanted to point that out.

4580
03:55:23,900 --> 03:55:25,934
It was raised that there's lack of information sharing

4581
03:55:26,000 --> 03:55:28,300
and process during the processes

4582
03:55:28,867 --> 03:55:30,367
and I do agree that that's probably something

4583
03:55:30,367 --> 03:55:33,867
to be addressed in civil court and I mentioned

4584
03:55:33,867 --> 03:55:36,500
before that the, however our code does encourage resolving

4585
03:55:36,934 --> 03:55:38,500
these situations ahead of time

4586
03:55:38,734 --> 03:55:40,066
and it sounds like maybe in one

4587
03:55:40,066 --> 03:55:42,266
of the earlier PEC meetings I wasn't a part of.

4588
03:55:42,834 --> 03:55:44,033
We encourage coordinating.

4589
03:55:44,700 --> 03:55:48,934
I I I do think that's coordinating must haves

4590
03:55:48,934 --> 03:55:50,000
and not nice to haves.

4591
03:55:50,066 --> 03:55:53,133
So where are people gonna park safety, not extorting money.

4592
03:55:53,333 --> 03:55:53,567
So

4593
03:55:59,100 --> 03:56:01,734
I think I I I personally struggle

4594
03:56:01,767 --> 03:56:04,333
with whether the project is fully aligned

4595
03:56:04,333 --> 03:56:06,033
with the master plan re regardless

4596
03:56:06,166 --> 03:56:07,834
of whether we should have one

4597
03:56:07,834 --> 03:56:10,233
or that's a great way for our

4598
03:56:10,233 --> 03:56:11,700
community to manage development.

4599
03:56:13,700 --> 03:56:17,100
I think the biggest thing for me is, is sort

4600
03:56:17,100 --> 03:56:18,767
of the view corridor protection

4601
03:56:20,834 --> 03:56:22,834
and the landscape buffer from frontage road.

4602
03:56:22,867 --> 03:56:26,934
Those are the areas I think that even though we have Altus,

4603
03:56:27,066 --> 03:56:29,634
I think it, this worsens the situation when I drive down I

4604
03:56:29,634 --> 03:56:32,867
70 and I see open space that's now community housing

4605
03:56:33,000 --> 03:56:35,033
and I go back and I look at some

4606
03:56:35,033 --> 03:56:36,734
of the different communities with our neighborhood

4607
03:56:36,834 --> 03:56:38,767
and I drive by this three

4608
03:56:38,767 --> 03:56:41,000
or four times a week when I go to Ford Park.

4609
03:56:42,367 --> 03:56:46,300
I think if we fill in all the open space someday we we do

4610
03:56:46,300 --> 03:56:48,367
lose the character that was intended by some of the

4611
03:56:49,433 --> 03:56:51,100
direction from the master plan

4612
03:56:55,700 --> 03:56:58,734
and yeah, so it's not,

4613
03:56:58,834 --> 03:57:01,133
it's not the variances specifically

4614
03:57:01,133 --> 03:57:03,133
and I appreciate you clarifying the setbacks

4615
03:57:03,300 --> 03:57:05,033
'cause I had remembered that we weren't really asking

4616
03:57:05,066 --> 03:57:07,667
for any major setback exceptions that didn't already exist.

4617
03:57:10,100 --> 03:57:12,000
Okay. So that's, that's a start.

4618
03:57:15,133 --> 03:57:19,000
- Commissioner Jensen, I mean I am,

4619
03:57:19,900 --> 03:57:20,934
I am appreciated.

4620
03:57:21,033 --> 03:57:24,934
All the public comment, there was a lot of emotion there

4621
03:57:25,834 --> 03:57:30,066
and as a commissioner I can't base decisions on emotion.

4622
03:57:32,233 --> 03:57:36,834
I am, I still, I guess am concerned Heather about

4623
03:57:37,533 --> 03:57:40,634
fire safety and reading

4624
03:57:40,767 --> 03:57:44,700
that email from the fire marshal that basically

4625
03:57:45,367 --> 03:57:48,333
absolved themself, they're going by the international code

4626
03:57:48,333 --> 03:57:52,500
that George points out that they're in compliance with to me

4627
03:57:53,166 --> 03:57:58,133
is it's,

4628
03:57:58,133 --> 03:58:00,100
it's just so non-committal

4629
03:58:00,867 --> 03:58:03,100
and you know, I heard all the feedback.

4630
03:58:03,500 --> 03:58:05,266
You look at it, it sounds

4631
03:58:05,266 --> 03:58:09,033
to me like there still is conversations happening

4632
03:58:10,033 --> 03:58:11,934
between the neighbors about this.

4633
03:58:13,000 --> 03:58:16,133
I agree, George. No, it's not for the crane to come in

4634
03:58:16,133 --> 03:58:17,300
to get the hot tub out.

4635
03:58:17,634 --> 03:58:21,000
It's there to bring fire equipment in if there's a fire.

4636
03:58:22,700 --> 03:58:26,934
But I just, you know, I just want to be on the record that

4637
03:58:28,734 --> 03:58:33,266
it's, it's important from the town, town

4638
03:58:33,467 --> 03:58:37,133
that and the fire department that the fire,

4639
03:58:37,934 --> 03:58:39,166
that all the safety things

4640
03:58:40,000 --> 03:58:44,066
are addressed in this recommendation.

4641
03:58:45,433 --> 03:58:48,500
So, you know that that's the big one.

4642
03:58:52,100 --> 03:58:55,533
You know, I I'm not gonna comment on the emotional stuff.

4643
03:58:55,700 --> 03:59:00,233
It's, I it's, it's

4644
03:59:02,100 --> 03:59:05,900
the, the situation I would say right now is, is not

4645
03:59:06,000 --> 03:59:07,767
where anybody would like to see it,

4646
03:59:08,567 --> 03:59:10,867
but I'm not gonna base my decision on that.

4647
03:59:13,333 --> 03:59:14,367
- Commissioner - Brown,

4648
03:59:20,100 --> 03:59:23,433
- I appreciate what you guys have said so far.

4649
03:59:23,900 --> 03:59:28,734
I think my, my first question,

4650
03:59:29,300 --> 03:59:31,500
and it's a question still is that I'm a little,

4651
03:59:33,000 --> 03:59:34,000
I'm a little taken

4652
03:59:34,066 --> 03:59:37,133
with the fire access question in the sense that I want

4653
03:59:37,133 --> 03:59:40,100
to understand is the application in front

4654
03:59:40,100 --> 03:59:42,100
of us today the final application

4655
03:59:42,233 --> 03:59:44,100
that incorporates the most recent

4656
03:59:44,100 --> 03:59:46,000
conversations with the fire department?

4657
03:59:46,066 --> 03:59:47,467
Are we there, are we looking at that?

4658
03:59:48,500 --> 03:59:50,033
- Yes. And,

4659
03:59:50,033 --> 03:59:52,133
and let me explain, I don't know Heather,

4660
03:59:52,000 --> 03:59:55,133
if you can bring up that fire truck access.

4661
03:59:55,133 --> 03:59:57,233
I, I apologize. The,

4662
03:59:57,266 --> 04:00:01,000
the you the fire department access breaks down into two

4663
04:00:01,000 --> 04:00:02,567
separate issues and, and

4664
04:00:02,567 --> 04:00:05,367
and I I was hopeful the Vail Fire Department could join us

4665
04:00:05,433 --> 04:00:07,000
today to speak to this

4666
04:00:07,133 --> 04:00:10,900
'cause I think they would've alleviated your concerns Bill

4667
04:00:10,900 --> 04:00:13,867
and been done a better job of addressing this question.

4668
04:00:13,934 --> 04:00:16,033
But there's two issues with fire department access,

4669
04:00:16,900 --> 04:00:18,133
fire department access.

4670
04:00:18,300 --> 04:00:21,333
Go back one more Heather to that one right there.

4671
04:00:22,300 --> 04:00:25,100
That is the, the application as proposed

4672
04:00:25,767 --> 04:00:27,100
and it shows the fire truck,

4673
04:00:27,500 --> 04:00:29,567
I mean this is months in the making.

4674
04:00:30,233 --> 04:00:34,033
It shows the firetruck accessing the site coming down onto

4675
04:00:34,066 --> 04:00:35,867
site to an approved staging area

4676
04:00:36,233 --> 04:00:38,133
where the fire department stages

4677
04:00:38,634 --> 04:00:42,734
and can then access both the lunar vale residences as well

4678
04:00:42,734 --> 04:00:46,233
as Apollo park buildings A and B, this plan.

4679
04:00:46,734 --> 04:00:49,266
And if the fire department was here, I don't wanna speak

4680
04:00:49,266 --> 04:00:50,567
for 'em, but I think they would say this

4681
04:00:50,567 --> 04:00:53,133
and that was Heather's comment would say,

4682
04:00:53,166 --> 04:00:55,333
this plan has been fully vetted

4683
04:00:55,934 --> 04:00:57,767
by the Vail Fire Department and approve.

4684
04:00:58,066 --> 04:01:02,066
We wouldn't be here today if that plan did not comply.

4685
04:01:03,166 --> 04:01:06,567
So, so this, this provides emergency vehicle access to

4686
04:01:07,133 --> 04:01:11,634
luter VA North Apollo Park buildings A and b it also,

4687
04:01:11,934 --> 04:01:15,333
and we we're, we're can

4688
04:01:16,834 --> 04:01:18,834
with with some additional collaboration

4689
04:01:18,834 --> 04:01:20,000
which we have offered.

4690
04:01:20,467 --> 04:01:23,033
It can also provide emergency vehicle access

4691
04:01:23,000 --> 04:01:27,900
to the rent immediately adjacent to the these because,

4692
04:01:28,300 --> 04:01:31,834
but for collaborating on that access,

4693
04:01:31,900 --> 04:01:33,500
there may be the requirement

4694
04:01:33,500 --> 04:01:36,266
for redundant fire department access in the future

4695
04:01:36,500 --> 04:01:38,367
for the rent we're saying

4696
04:01:38,834 --> 04:01:40,634
and worked with the fire department to get

4697
04:01:40,634 --> 04:01:42,100
to a fire state access

4698
04:01:42,100 --> 04:01:44,233
and staging plan as you're seeing here on the diagram

4699
04:01:44,734 --> 04:01:47,467
that not only meets the requirements for the lunar VA site,

4700
04:01:48,000 --> 04:01:50,634
but also provides a future access to the rent.

4701
04:01:51,867 --> 04:01:55,433
So that box is checked the second box if you go

4702
04:01:55,433 --> 04:01:56,567
to the next plan,

4703
04:01:59,000 --> 04:02:00,834
this was the request

4704
04:02:01,266 --> 04:02:04,166
of the Vail Fire Department understanding.

4705
04:02:04,266 --> 04:02:05,867
And I think what Ryan, or excuse me,

4706
04:02:05,867 --> 04:02:09,834
what Taylor Taylor Ross's email referenced was

4707
04:02:10,300 --> 04:02:12,233
based upon the life safety report

4708
04:02:12,467 --> 04:02:14,567
and we did submit a life safety report

4709
04:02:14,634 --> 04:02:17,433
with this application based upon the findings

4710
04:02:17,433 --> 04:02:18,734
of the life safety report.

4711
04:02:19,734 --> 04:02:21,233
Our project fully complies.

4712
04:02:22,000 --> 04:02:25,500
We, we, this property owner is under no obligation

4713
04:02:25,500 --> 04:02:27,867
to provide emergency vehicle access

4714
04:02:28,133 --> 04:02:29,900
to the adjacent property owners.

4715
04:02:30,767 --> 04:02:33,066
And as you heard, Vail Mountain View residents say they have

4716
04:02:33,166 --> 04:02:37,300
a 13 foot wide or a some width wide access.

4717
04:02:38,100 --> 04:02:39,934
What we said to the Vail Fire Department

4718
04:02:40,000 --> 04:02:42,000
and the Vail Fire Department has seen this plan

4719
04:02:42,133 --> 04:02:43,266
and approved this plan

4720
04:02:43,300 --> 04:02:47,133
and we're willing to amend our application prior

4721
04:02:47,133 --> 04:02:50,900
to first reading to the Town Council, documenting this plan,

4722
04:02:51,000 --> 04:02:54,767
showing how we would improve, expand the width

4723
04:02:55,133 --> 04:02:58,634
of the fire department, access entirely on

4724
04:02:59,333 --> 04:03:00,467
lunar vale's property.

4725
04:03:00,767 --> 04:03:03,166
So this access can actually be accommodated

4726
04:03:03,734 --> 04:03:06,166
and we would do it because I think we all agree

4727
04:03:06,634 --> 04:03:07,867
it's the right thing to do.

4728
04:03:08,066 --> 04:03:11,133
It should be a public benefit, it's a life safety issue.

4729
04:03:11,166 --> 04:03:14,300
If the buildings next door start burning it doesn't do us

4730
04:03:14,333 --> 04:03:17,500
any good if, if they can't get to,

4731
04:03:17,500 --> 04:03:19,500
to Vail Mountain View or to Altus.

4732
04:03:19,567 --> 04:03:21,834
So we're willing to do this plan.

4733
04:03:22,467 --> 04:03:24,266
The only thing that we have asked for,

4734
04:03:24,867 --> 04:03:28,033
and I think we need, we need confirmation from the town

4735
04:03:28,133 --> 04:03:30,900
and Vail Mountain view residences.

4736
04:03:31,033 --> 04:03:32,333
There are encroachments

4737
04:03:32,333 --> 04:03:36,233
that Vail Mountain View residences has constructed into the

4738
04:03:36,667 --> 04:03:41,133
existing easement rather than address those encroachments on

4739
04:03:41,033 --> 04:03:43,367
our side of the property line, meaning move more

4740
04:03:43,367 --> 04:03:45,367
of the fire lane onto our side.

4741
04:03:45,734 --> 04:03:47,133
We think they should be required

4742
04:03:47,333 --> 04:03:50,266
to remove those non-compliant improvements.

4743
04:03:50,500 --> 04:03:52,100
It's a fence and some trees.

4744
04:03:52,233 --> 04:03:54,667
I, I believe is what's, is what's there.

4745
04:03:55,700 --> 04:03:59,367
We're willing to do that plan again as, as Heather's email,

4746
04:03:59,834 --> 04:04:01,133
reading the email from Taylor.

4747
04:04:01,567 --> 04:04:04,100
I think what he is citing to is he, they can't,

4748
04:04:04,100 --> 04:04:06,433
the fire department cannot require us to do this

4749
04:04:06,667 --> 04:04:09,767
because we're not obligated to do so under the fire code.

4750
04:04:10,033 --> 04:04:11,567
We are volunteering

4751
04:04:12,000 --> 04:04:15,266
or volunteering to do this for the benefit

4752
04:04:15,667 --> 04:04:17,033
of the, of the neighborhood.

4753
04:04:19,734 --> 04:04:21,133
- I wanna build on that a little bit

4754
04:04:21,900 --> 04:04:24,133
and I'm certainly not gonna speak for Vail Fire,

4755
04:04:24,166 --> 04:04:27,767
but we do have a life safety consultant Ron Elli,

4756
04:04:27,767 --> 04:04:30,033
Steve Relli of Ron Elli Life Safety.

4757
04:04:32,300 --> 04:04:34,634
And there's a perception that's been shared

4758
04:04:34,867 --> 04:04:39,266
to this afternoon that the existing condition

4759
04:04:39,266 --> 04:04:43,066
of Apollo Park is satisfactory for fighting fires.

4760
04:04:43,634 --> 04:04:46,100
That's inaccurate. And what we propose

4761
04:04:47,100 --> 04:04:50,734
improves not only access but staging, dedicated staging

4762
04:04:50,867 --> 04:04:54,100
because currently the parking spaces

4763
04:04:54,133 --> 04:04:55,066
that have been a hot topic,

4764
04:04:57,834 --> 04:05:00,066
apparently they're used quite often when

4765
04:05:00,066 --> 04:05:04,033
that parking lot is full a firetruck a hundred foot ladder,

4766
04:05:04,033 --> 04:05:07,867
which they'll has cannot go in and turn around successfully.

4767
04:05:08,467 --> 04:05:10,667
This plan, this proposal provides

4768
04:05:10,700 --> 04:05:13,166
for a dedicated firetruck turnaround that turns

4769
04:05:13,233 --> 04:05:15,734
that a hundred truck apparat a hundred foot

4770
04:05:15,734 --> 04:05:17,266
apparatus around successfully.

4771
04:05:18,100 --> 04:05:19,867
It also has improved fire staging

4772
04:05:19,900 --> 04:05:21,266
and firefighting capabilities

4773
04:05:22,133 --> 04:05:25,033
that's been discussed ad nauseum with fail fire

4774
04:05:25,133 --> 04:05:28,767
with our consultant and just generally

4775
04:05:29,433 --> 04:05:30,900
not only passes the smell test

4776
04:05:31,033 --> 04:05:34,567
but also improves the functionality of firefighting.

4777
04:05:34,634 --> 04:05:38,500
Today, probably most relevant to Apollo Park itself,

4778
04:05:39,000 --> 04:05:40,033
other buildings around

4779
04:05:40,166 --> 04:05:41,834
to include the proposed north building are

4780
04:05:41,834 --> 04:05:43,533
sprinkled Apollo Park is not.

4781
04:05:45,100 --> 04:05:49,533
So that improves the, this is not a, not only a change

4782
04:05:49,634 --> 04:05:51,567
to the existing fire access,

4783
04:05:52,500 --> 04:05:54,333
but a very large improvement thereof.

4784
04:05:56,166 --> 04:05:57,734
Commissioner Brown, do you further

4785
04:05:57,900 --> 04:05:58,900
- Comments?

4786
04:06:00,867 --> 04:06:04,033
I do have one further. I yes I do.

4787
04:06:05,367 --> 04:06:07,100
Page it's 221.

4788
04:06:07,100 --> 04:06:11,133
It's the landscape plan shows

4789
04:06:12,867 --> 04:06:15,700
a corridor of trees that creates the,

4790
04:06:15,867 --> 04:06:17,333
the entry toward Apollo Park.

4791
04:06:18,634 --> 04:06:23,000
Are those trees, those trees are a commitment

4792
04:06:23,000 --> 04:06:24,133
under the landscape plan?

4793
04:06:24,133 --> 04:06:25,133
Correct.

4794
04:06:25,367 --> 04:06:30,000
- Tho those trees as we have been, no, they are not. Okay.

4795
04:06:30,000 --> 04:06:34,133
Those trees were cited again in collaborate in hopes

4796
04:06:34,133 --> 04:06:37,166
of collaborating with our property owners to the east.

4797
04:06:38,066 --> 04:06:41,734
And as we have talked about in the past, those trees

4798
04:06:41,734 --> 04:06:43,433
because of Eagle River Water

4799
04:06:43,467 --> 04:06:46,066
and sanitation districts new requirements

4800
04:06:46,533 --> 04:06:49,000
would not allow the existing that,

4801
04:06:49,000 --> 04:06:51,100
that they replace an existing row of trees.

4802
04:06:51,867 --> 04:06:54,867
The existing row of trees could not be replaced under the

4803
04:06:54,867 --> 04:06:57,100
Eagle River water and sanitation district's

4804
04:06:57,900 --> 04:06:59,166
existing requirements.

4805
04:07:00,934 --> 04:07:03,433
We can put those trees back

4806
04:07:03,634 --> 04:07:07,266
and I believe the REN had sought for those trees

4807
04:07:07,367 --> 04:07:08,634
to be put back.

4808
04:07:10,066 --> 04:07:13,834
If we take that main water line, there's a main water line

4809
04:07:13,834 --> 04:07:16,867
that goes from the frontage road down to the buildings.

4810
04:07:17,100 --> 04:07:20,100
If we convert that main water line to a service line,

4811
04:07:20,433 --> 04:07:22,367
then the district does not care

4812
04:07:22,500 --> 04:07:25,233
what we plant within 10 feet of that line.

4813
04:07:26,000 --> 04:07:29,333
If we do that, we're able to then plant those trees.

4814
04:07:30,133 --> 04:07:33,333
And as you heard, Debbie Charles, I, I think share,

4815
04:07:35,100 --> 04:07:38,367
she did not feel that there should be a commitment financial

4816
04:07:38,433 --> 04:07:42,233
or otherwise by the REN to put those trees in.

4817
04:07:42,533 --> 04:07:45,834
It's for that reason that we have since agreed

4818
04:07:46,033 --> 04:07:47,767
to fund the replacement

4819
04:07:47,767 --> 04:07:51,033
of those trees 100% if we can put 'em in

4820
04:07:51,033 --> 04:07:55,000
that location On the site.

4821
04:07:56,066 --> 04:07:59,100
Otherwise the district is gonna require those

4822
04:07:59,100 --> 04:08:00,834
to be bushes and not trees.

4823
04:08:08,100 --> 04:08:12,066
- So from a, from a planning perspective, this is treated

4824
04:08:12,033 --> 04:08:14,634
as landscape be, but could be grass?

4825
04:08:14,634 --> 04:08:16,133
That's correct. Okay.

4826
04:08:22,166 --> 04:08:25,567
- I, - I think that's all that I have at the moment. It's

4827
04:08:27,467 --> 04:08:28,834
- Commissioner - Whitaker.

4828
04:08:34,033 --> 04:08:36,133
- So looking at

4829
04:08:39,100 --> 04:08:43,500
the criteria and looking at the under current

4830
04:08:43,533 --> 04:08:48,000
underlying and the evolution of this

4831
04:08:49,066 --> 04:08:51,934
application, you know, when it comes

4832
04:08:52,033 --> 04:08:54,266
to what's being currently proposed for density

4833
04:08:54,533 --> 04:08:58,000
and GRFA, the max height

4834
04:08:59,567 --> 04:09:04,100
and the setbacks, you know, have all

4835
04:09:04,266 --> 04:09:07,000
of those issues, I'm extremely comfortable with, I think

4836
04:09:07,000 --> 04:09:11,100
that the, the application, you know,

4837
04:09:11,767 --> 04:09:13,000
it does a good job.

4838
04:09:14,066 --> 04:09:18,767
It's meeting the requirements of what I see as both code

4839
04:09:19,333 --> 04:09:22,000
as well as the town of Vail's master plan.

4840
04:09:23,033 --> 04:09:26,367
I know the building height at one point was of concern to

4841
04:09:27,634 --> 04:09:30,066
some members of this commission and members of the public.

4842
04:09:32,000 --> 04:09:36,066
I fully feel like that the 69 foot roof

4843
04:09:37,467 --> 04:09:41,634
is, is meeting what's in the master plan

4844
04:09:42,433 --> 04:09:46,233
and you know, certainly the master plan contemplates

4845
04:09:46,734 --> 04:09:50,867
that at some point this parking lot was gonna be infilled

4846
04:09:50,867 --> 04:09:53,100
with development and that's what's being proposed

4847
04:09:54,166 --> 04:09:57,233
and I support everything in this application

4848
04:09:59,300 --> 04:10:01,834
surrounding those issues.

4849
04:10:04,433 --> 04:10:06,100
There's one thing that I can't shake

4850
04:10:08,266 --> 04:10:09,734
and it's the only thing

4851
04:10:09,834 --> 04:10:13,367
that's giving me pause at this point in time in terms

4852
04:10:13,433 --> 04:10:15,133
of approving this application

4853
04:10:16,867 --> 04:10:20,467
and it's town code

4854
04:10:21,367 --> 04:10:23,033
and it's 12 9 8 2

4855
04:10:23,000 --> 04:10:24,934
or sorry 12 9 8 3,

4856
04:10:26,900 --> 04:10:31,834
which I think the ex in this authorization letter issue

4857
04:10:31,834 --> 04:10:36,300
that we've been discussing, I think that the exact

4858
04:10:36,934 --> 04:10:41,266
language says, and the code says it requires written consent

4859
04:10:41,266 --> 04:10:42,634
of owners of all property

4860
04:10:43,667 --> 04:10:46,500
to be included in the special development district.

4861
04:10:48,000 --> 04:10:52,834
And I know that we have this legal opinion from Ballard Spar

4862
04:10:52,834 --> 04:10:54,367
that I have not read in detail.

4863
04:10:55,100 --> 04:10:56,533
We've heard from the town attorney

4864
04:10:57,567 --> 04:10:59,734
and staff in the past about this issue.

4865
04:11:00,734 --> 04:11:04,300
I've got the written approval letter that was submitted

4866
04:11:04,533 --> 04:11:07,500
with the, this application originally.

4867
04:11:09,233 --> 04:11:13,233
My real problem with the approval level letter is

4868
04:11:13,233 --> 04:11:18,033
that code requires written consent of owners of all property

4869
04:11:18,033 --> 04:11:19,700
to be included in the STD and

4870
04:11:19,900 --> 04:11:22,567
and written consent through the form

4871
04:11:22,734 --> 04:11:24,066
of this written approval letter.

4872
04:11:24,166 --> 04:11:25,867
It was submitted initially,

4873
04:11:27,500 --> 04:11:29,533
but the way

4874
04:11:29,634 --> 04:11:33,734
that this is being interpreted legally does not sit well

4875
04:11:33,734 --> 04:11:35,367
with me because

4876
04:11:36,533 --> 04:11:39,233
although the, the, this may be the same application

4877
04:11:40,667 --> 04:11:45,033
that was proposed originally, this application is

4878
04:11:45,934 --> 04:11:48,100
100%, not 100%.

4879
04:11:49,333 --> 04:11:52,033
The majority of this application is far different than

4880
04:11:52,033 --> 04:11:55,000
what we saw what was originally proposed

4881
04:11:55,233 --> 04:11:57,834
and in various contexts.

4882
04:11:58,133 --> 04:12:01,533
And it, it just doesn't make sense to me

4883
04:12:02,100 --> 04:12:04,066
that an approval letter for

4884
04:12:04,166 --> 04:12:07,066
what was essentially a different project would be effective

4885
04:12:07,433 --> 04:12:12,066
just because numbers didn't change on an application for

4886
04:12:12,066 --> 04:12:13,634
what is being proposed now.

4887
04:12:13,667 --> 04:12:16,634
And I guess the, this, I'm trying

4888
04:12:16,634 --> 04:12:20,467
to develop a simple analogy for what my con concern here is,

4889
04:12:20,700 --> 04:12:23,467
but, but you know, if someone, if you had

4890
04:12:23,467 --> 04:12:27,767
to get consent from your neighbor in regard to a

4891
04:12:28,667 --> 04:12:33,533
development on your lot and you own the neighboring lot

4892
04:12:34,233 --> 04:12:36,634
and your neighbor saw the plans and everything well

4893
04:12:36,667 --> 04:12:39,567
and they're like, oh well this, this is great, no problem.

4894
04:12:40,900 --> 04:12:45,100
But then you come back to the, the building department

4895
04:12:45,867 --> 04:12:48,700
with, well I'm not gonna do that plan anymore.

4896
04:12:48,934 --> 04:12:50,000
I'm gonna just do this plan

4897
04:12:50,000 --> 04:12:52,033
but I'm not changing my application number.

4898
04:12:53,000 --> 04:12:54,567
Well why wouldn't the neighbor have,

4899
04:12:54,834 --> 04:12:58,100
if it's materially different than what was originally done,

4900
04:12:58,867 --> 04:13:00,700
why wouldn't the the neighbor have

4901
04:13:02,000 --> 04:13:04,000
the neighbor's approval need to be obtained?

4902
04:13:04,000 --> 04:13:08,567
Again because I consider these almost different applications

4903
04:13:09,367 --> 04:13:14,000
and while I am generally in support of this application

4904
04:13:14,500 --> 04:13:16,100
and I want to make sure that that's clear

4905
04:13:16,133 --> 04:13:18,767
for the record at this point in terms of

4906
04:13:18,867 --> 04:13:22,000
what people keep referring to as as variances,

4907
04:13:22,000 --> 04:13:24,934
but it's really changes to the underlying zoning.

4908
04:13:25,834 --> 04:13:27,066
I'm in support of all the changes

4909
04:13:27,100 --> 04:13:28,500
that are being proposed right now

4910
04:13:29,667 --> 04:13:32,367
and generally in support of moving this project forward.

4911
04:13:33,066 --> 04:13:37,266
What I don't agree with is the legal analysis internally

4912
04:13:38,133 --> 04:13:40,033
in what's been generated at this point.

4913
04:13:40,033 --> 04:13:43,100
Again, I've not had, we were handed this letter

4914
04:13:43,834 --> 04:13:46,533
so I haven't had a chance to review the legal analysis

4915
04:13:47,266 --> 04:13:48,333
provided by Ballard Spar,

4916
04:13:48,367 --> 04:13:51,500
but the pre legal analysis that apparently is

4917
04:13:51,767 --> 04:13:53,000
provided with our

4918
04:13:53,734 --> 04:13:57,467
internal legal department here in town I don't think is correct.

4919
04:13:58,266 --> 04:14:02,133
So that's my problem with this application at this point.

4920
04:14:02,834 --> 04:14:04,000
The rest of it looks good to me.

4921
04:14:07,233 --> 04:14:09,734
- So my comments are, you know,

4922
04:14:09,734 --> 04:14:11,634
I'll start out addressing public comment

4923
04:14:11,667 --> 04:14:14,533
that it sincerely makes me happy to hear the stories

4924
04:14:14,634 --> 04:14:15,634
of families coming here

4925
04:14:15,634 --> 04:14:16,867
and forming good memories in our town.

4926
04:14:18,166 --> 04:14:21,934
You know, the experience of the Apollo Park owners is great

4927
04:14:21,934 --> 04:14:24,500
to hear that complex has created the amount of positivity

4928
04:14:24,934 --> 04:14:26,066
to the Town of Vail that it has.

4929
04:14:27,333 --> 04:14:30,033
I will say so that I earnestly don't believe

4930
04:14:30,033 --> 04:14:32,300
that an approval here takes away rights from

4931
04:14:32,567 --> 04:14:33,734
Apollo Park owners.

4932
04:14:34,834 --> 04:14:37,333
It leaves the current buildings intact

4933
04:14:37,567 --> 04:14:39,033
with the current ownership structure.

4934
04:14:41,333 --> 04:14:43,567
I don't think it precludes the future redevelopment

4935
04:14:43,567 --> 04:14:45,033
of the Apollo Park buildings either.

4936
04:14:45,266 --> 04:14:47,934
If you look at the footprint now this of the lunar park

4937
04:14:48,667 --> 04:14:52,000
north building, it's smaller than was proposed previously.

4938
04:14:52,266 --> 04:14:53,500
So if anything there's more room

4939
04:14:53,500 --> 04:14:55,000
to develop the Apollo Park buildings

4940
04:14:55,000 --> 04:14:58,066
and there was previously, I don't buy that,

4941
04:14:58,066 --> 04:15:00,100
there's not room to redevelop there.

4942
04:15:00,467 --> 04:15:02,333
You know, this town sees

4943
04:15:02,567 --> 04:15:03,767
redevelopment development all the time.

4944
04:15:03,767 --> 04:15:05,834
There is incredibly challenging tight sites

4945
04:15:05,867 --> 04:15:08,367
that happen all the time for development in this town.

4946
04:15:08,467 --> 04:15:11,634
In town core. If there is a willpower among the owners

4947
04:15:11,734 --> 04:15:13,867
to redevelop Apollo Park, it can't happen.

4948
04:15:14,367 --> 04:15:17,033
And it's not that this commission's opposed to redevelopment

4949
04:15:17,033 --> 04:15:18,300
of the Apollo Park buildings.

4950
04:15:19,066 --> 04:15:21,500
What happened was in the previous proposal we did not

4951
04:15:21,500 --> 04:15:24,133
believe complied with the master plan in stepping buildings

4952
04:15:24,133 --> 04:15:26,700
towards Score Creek, which was the issue we had

4953
04:15:26,700 --> 04:15:29,367
with this previous plan with the lunar park South buildings

4954
04:15:29,367 --> 04:15:32,500
and the Apollo Park buildings in the previously

4955
04:15:32,734 --> 04:15:33,934
submitted application.

4956
04:15:36,033 --> 04:15:39,634
And you know, beyond beyond that issue, I think some of

4957
04:15:40,100 --> 04:15:42,834
the public common largest currents concerns beyond bulk

4958
04:15:42,834 --> 04:15:44,700
and mass seemed to come down to parking.

4959
04:15:45,900 --> 04:15:47,000
But at the end of the day,

4960
04:15:47,000 --> 04:15:50,100
the master plan specifically targets the surface lot

4961
04:15:50,100 --> 04:15:52,367
for redevelopment as a use

4962
04:15:52,433 --> 04:15:54,300
that should be redeveloped in the town.

4963
04:15:55,100 --> 04:15:57,767
And we have to hold this project to the same standards

4964
04:15:57,767 --> 04:16:00,767
that we hold other projects to if it's parked in accordance

4965
04:16:00,767 --> 04:16:02,066
with our code, we have to honor that.

4966
04:16:04,133 --> 04:16:07,033
Regarding the consent letter, I'm not an attorney,

4967
04:16:07,467 --> 04:16:09,133
we have attorney, we have attorneys on this

4968
04:16:09,133 --> 04:16:10,367
commission, I'm not one of them.

4969
04:16:11,100 --> 04:16:12,867
So personally I will defer to the town

4970
04:16:13,333 --> 04:16:15,066
council's recommendation here.

4971
04:16:16,000 --> 04:16:17,700
I don't feel I have the expect expertise

4972
04:16:17,700 --> 04:16:19,000
to make a determination on that.

4973
04:16:21,467 --> 04:16:23,066
I wanna go further regarding the planning

4974
04:16:23,000 --> 04:16:24,367
commission process on this file.

4975
04:16:25,033 --> 04:16:26,033
'cause there was a recent file,

4976
04:16:26,066 --> 04:16:28,000
another file in a Town Council meeting

4977
04:16:28,000 --> 04:16:30,233
that I heard some pretty disheartening public comment on

4978
04:16:31,433 --> 04:16:34,100
saying that the planning commission rubber stamped an

4979
04:16:34,333 --> 04:16:37,700
approval and rushed an approval through on a unrelated file.

4980
04:16:38,367 --> 04:16:41,634
And you know, I want to thank the commission from that

4981
04:16:41,767 --> 04:16:42,934
of time they've spent on this file.

4982
04:16:42,934 --> 04:16:44,100
This is a volunteer board,

4983
04:16:44,834 --> 04:16:46,834
there's been an exhaustive review of this application.

4984
04:16:47,033 --> 04:16:49,266
We've spent, I don't even know how many meetings

4985
04:16:49,266 --> 04:16:53,000
and hours reviewing this application sitting here.

4986
04:16:53,100 --> 04:16:55,133
So thank you to commissioners who've spent the time

4987
04:16:55,133 --> 04:16:56,700
to review this in such detail.

4988
04:16:57,634 --> 04:17:00,700
And through that process, here's what we've come up with.

4989
04:17:00,934 --> 04:17:03,867
We have reduced height, we've added steps in the building,

4990
04:17:04,266 --> 04:17:07,000
we've reduced density, we've decreased,

4991
04:17:07,000 --> 04:17:08,367
we've increased setbacks.

4992
04:17:08,367 --> 04:17:11,100
So we only have a very small portion of setback

4993
04:17:11,100 --> 04:17:14,066
that is nonconformance.

4994
04:17:14,667 --> 04:17:16,066
The ones noted most

4995
04:17:16,066 --> 04:17:18,100
of the ones notice nonconformance are stemming from the

4996
04:17:18,500 --> 04:17:21,100
existing all the par pilot park buildings right now on the

4997
04:17:21,100 --> 04:17:25,033
app, on the the matrix we've reduced bulk

4998
04:17:25,033 --> 04:17:27,100
and mass, we've reduced unit count,

4999
04:17:27,367 --> 04:17:29,567
we've increased the housing contribution

5000
04:17:29,900 --> 04:17:32,133
and generally reduced the deviations of this file.

5001
04:17:32,567 --> 04:17:34,033
So I think this process has worked

5002
04:17:34,367 --> 04:17:36,367
and brought a better building to this

5003
04:17:36,467 --> 04:17:38,066
that's better fits the town.

5004
04:17:38,934 --> 04:17:41,100
And you know, regarding the zoning, there's comments

5005
04:17:41,100 --> 04:17:43,467
regarding, well this is a conflict of HDMF zoning.

5006
04:17:44,066 --> 04:17:46,533
Well there's a clear conflict here between HDM zoning

5007
04:17:46,533 --> 04:17:48,133
and the Vail Village master plan.

5008
04:17:48,567 --> 04:17:50,767
The Vail Village master plan clearly denotes five

5009
04:17:50,767 --> 04:17:52,500
to six stories on this portion of the parcel

5010
04:17:53,133 --> 04:17:54,300
and that's what's being recommended

5011
04:17:54,367 --> 04:17:56,100
and I believe it's in accordance with that.

5012
04:17:58,767 --> 04:18:02,033
Again, the Village MA Village master plan specifically calls

5013
04:18:02,066 --> 04:18:04,700
out redevelopment of the existing surface parking lot at

5014
04:18:04,700 --> 04:18:09,000
Apollo Park and and encouraging parking to be contained

5015
04:18:09,000 --> 04:18:10,266
inside enclosed parking structure,

5016
04:18:10,266 --> 04:18:14,133
which this building does do.

5017
04:18:14,133 --> 04:18:16,266
I believe it's unfortunate that the redevelopment

5018
04:18:16,266 --> 04:18:17,867
of Apollo Park is no longer included.

5019
04:18:18,166 --> 04:18:20,500
Yes, but was previously proposed

5020
04:18:20,634 --> 04:18:22,066
with the previous application,

5021
04:18:22,100 --> 04:18:24,000
did not meet the Vail Village master plan,

5022
04:18:24,000 --> 04:18:26,467
at least the guidelines that we are required to adhere to.

5023
04:18:28,000 --> 04:18:30,233
And I believe this scaled back version does

5024
04:18:30,433 --> 04:18:32,467
and still opens the door to a redevelopment

5025
04:18:32,467 --> 04:18:33,567
of Apollo Park in the future.

5026
04:18:35,100 --> 04:18:38,934
Finally, regarding that, the housing plan,

5027
04:18:39,066 --> 04:18:40,533
I appreciate the options that were submitted

5028
04:18:40,533 --> 04:18:43,000
by the housing department and I'm very much in favor

5029
04:18:43,000 --> 04:18:47,467
of option two, which provides a mix of onsite housing

5030
04:18:48,166 --> 04:18:51,066
as well as some funds that will kind of a force multiplier

5031
04:18:51,066 --> 04:18:52,300
with other projects that the,

5032
04:18:52,300 --> 04:18:53,567
the town is working on right now.

5033
04:18:55,000 --> 04:18:57,100
Those are my comments. I dunno if there's further

5034
04:18:57,233 --> 04:18:58,266
comments from commissioners.

5035
04:18:59,100 --> 04:19:01,767
- I - I'd like to,

5036
04:19:02,133 --> 04:19:04,266
I'm sorry, go ahead John.

5037
04:19:05,000 --> 04:19:07,233
- I was just gonna say, you know, looking at Apollo Park

5038
04:19:07,233 --> 04:19:10,033
and the future and future redevelopment, I mean I think

5039
04:19:10,033 --> 04:19:13,133
that the, the applicant at that time would come back

5040
04:19:13,133 --> 04:19:15,834
and seek an amendment of the SDD

5041
04:19:16,567 --> 04:19:18,934
but I, you know, I, you can't predict

5042
04:19:19,567 --> 04:19:21,700
what future commissions would do,

5043
04:19:21,734 --> 04:19:25,266
but hopefully that there's enough of a record here as to

5044
04:19:25,266 --> 04:19:27,033
what transpired here today,

5045
04:19:27,433 --> 04:19:30,066
that you're not gonna have a commission that sits up here

5046
04:19:30,066 --> 04:19:32,734
and is gonna be unreasonable in regard

5047
04:19:32,734 --> 04:19:34,000
to a future application

5048
04:19:34,500 --> 04:19:39,033
and resetting some of the parameters in terms

5049
04:19:39,300 --> 04:19:43,934
of density GRFA in order

5050
04:19:44,000 --> 04:19:47,000
to accomplish a redevelopment of those buildings.

5051
04:19:50,500 --> 04:19:52,834
- Anything further? - I think, well I would say

5052
04:19:52,834 --> 04:19:54,867
that like some of the additional comment on the history

5053
04:19:55,100 --> 04:19:57,834
and the master plan I think has addressed

5054
04:19:57,834 --> 04:19:59,066
some of my concerns.

5055
04:20:00,533 --> 04:20:03,033
I personally preferred option one

5056
04:20:03,033 --> 04:20:04,500
and I would would've wanted

5057
04:20:04,500 --> 04:20:06,500
to see a single internally consistent proposal

5058
04:20:06,533 --> 04:20:07,634
to support option two

5059
04:20:07,634 --> 04:20:11,767
because I struggle with the increased GRFA and option two

5060
04:20:11,767 --> 04:20:16,033
because it seems to me like we're adding 3000 square feet

5061
04:20:16,033 --> 04:20:17,734
of additional GFA in exchange

5062
04:20:17,734 --> 04:20:19,300
for a thousand dollars per square foot.

5063
04:20:19,900 --> 04:20:21,567
And I don't personally believe

5064
04:20:21,567 --> 04:20:24,033
that just the money alone addresses creating

5065
04:20:26,533 --> 04:20:28,066
employee housing units in our village,

5066
04:20:28,667 --> 04:20:30,867
but maybe other people feel differently on that.

5067
04:20:33,867 --> 04:20:34,867
- Anything further from commissioners?

5068
04:20:37,100 --> 04:20:40,033
- I, I mean I just learned that my read

5069
04:20:40,033 --> 04:20:42,900
of the $2 million goes to Eastvale

5070
04:20:43,500 --> 04:20:47,133
and the CDOT property, which I really think is a valuable

5071
04:20:48,333 --> 04:20:51,367
affordable housing project for this community

5072
04:20:52,367 --> 04:20:53,634
versus Vail Village.

5073
04:20:55,066 --> 04:20:57,300
- I agree with that but I don't,

5074
04:20:57,433 --> 04:20:58,767
I don't think there's any guarantee

5075
04:20:58,767 --> 04:20:59,867
that's what it goes towards.

5076
04:21:00,500 --> 04:21:01,500
- It was written that way.

5077
04:21:02,000 --> 04:21:04,066
- Okay. And maybe I misunderstood.

5078
04:21:09,233 --> 04:21:10,867
- Is there further comment from commissioners?

5079
04:21:13,900 --> 04:21:16,367
Hearing none. I'll also make one final comment

5080
04:21:16,367 --> 04:21:19,000
that this is not a final approval, this is a recommendation

5081
04:21:19,000 --> 04:21:20,734
to the Town Council final.

5082
04:21:20,867 --> 04:21:22,734
If there is a recommendation for approval

5083
04:21:22,867 --> 04:21:24,700
or denial either way this will go

5084
04:21:24,700 --> 04:21:26,467
to the Town Council for another hearing.

5085
04:21:27,900 --> 04:21:29,033
With that said, is there a motion?

5086
04:21:30,634 --> 04:21:33,233
- I'll make a motion. The Planning

5087
04:21:33,266 --> 04:21:35,066
and Environmental Commission approves

5088
04:21:36,000 --> 04:21:39,634
with conditions the applicant's request for a recommendation

5089
04:21:40,033 --> 04:21:43,533
to the Devale Town Council for the establishment

5090
04:21:43,634 --> 04:21:48,533
of a new special development district pursuant to section 12

5091
04:21:49,233 --> 04:21:54,100
dash nine, a special development district's VA town

5092
04:21:54,000 --> 04:21:57,100
code to allow to allow for the development

5093
04:21:57,100 --> 04:21:58,533
of a multifamily project

5094
04:21:59,300 --> 04:22:02,367
located at 4 4 2 South Frontage Road,

5095
04:22:03,166 --> 04:22:06,467
Eastvale Village filing five track D

5096
04:22:07,734 --> 04:22:09,734
PEC 26 dash 11.

5097
04:22:11,033 --> 04:22:15,900
And with that motion I include the

5098
04:22:16,433 --> 04:22:18,734
conditions found on page 18

5099
04:22:18,834 --> 04:22:23,000
and 19 with the addition of one one condition,

5100
04:22:23,533 --> 04:22:28,033
that option two of the housing recommendation

5101
04:22:29,300 --> 04:22:34,266
is included and then also the four findings on page

5102
04:22:35,533 --> 04:22:36,700
20, I believe.

5103
04:22:37,100 --> 04:22:39,300
- So thank your motion would amend conditions three

5104
04:22:39,300 --> 04:22:40,634
and 13 to comply

5105
04:22:40,634 --> 04:22:42,033
with option two presented

5106
04:22:42,033 --> 04:22:43,133
by the housing department. Thank you for

5107
04:22:43,734 --> 04:22:46,934
- If we might recommend just striking conditions

5108
04:22:47,000 --> 04:22:48,133
three and 13.

5109
04:22:48,033 --> 04:22:52,100
Yeah. And adding conditions one through four on page three

5110
04:22:52,133 --> 04:22:56,533
of the lunar park housing staff memo dated July 27th, 2026.

5111
04:22:57,634 --> 04:23:00,100
- Thank you. Robin, - You're okay with that Bill?

5112
04:23:00,266 --> 04:23:01,367
- Yes I am. - Okay.

5113
04:23:01,934 --> 04:23:04,166
There's a motion by Commissioner Jensen. Is there a second?

5114
04:23:08,100 --> 04:23:12,233
I will second. All in favor please say aye. Aye.

5115
04:23:12,233 --> 04:23:14,734
Aye. All opposed?

5116
04:23:15,333 --> 04:23:19,900
- Opposed? - That motion carries four to one. Thank you.

5117
04:23:22,066 --> 04:23:23,133
The final

5118
04:23:23,567 --> 04:23:26,000
or actually the next item on our agenda is the approval

5119
04:23:26,066 --> 04:23:29,533
of the minutes from the July 13th meeting of the PEC.

5120
04:23:30,066 --> 04:23:32,467
Is there a motion on those minutes? So

5121
04:23:32,467 --> 04:23:33,467
- Moved.

5122
04:23:33,467 --> 04:23:35,100
- The motion to approve by Commissioner Jensen.

5123
04:23:35,100 --> 04:23:36,066
Is there a second? Second.

5124
04:23:36,467 --> 04:23:38,033
There's a second by Commissioner Brown.

5125
04:23:38,500 --> 04:23:43,367
All in favor please say aye. Aye. Aye. All opposed hearing?

5126
04:23:43,367 --> 04:23:44,533
None opposed? I

5127
04:23:44,533 --> 04:23:45,934
- Ab I abstain. Oh,

5128
04:23:46,133 --> 04:23:47,133
- I was not present.

5129
04:23:47,133 --> 04:23:48,066
We have four, four

5130
04:23:48,433 --> 04:23:51,033
and one abstention for Commissioner Reder

5131
04:23:51,033 --> 04:23:52,033
who is not present at the meeting.

5132
04:23:53,367 --> 04:23:55,300
The next item is an information update.

5133
04:23:56,100 --> 04:23:57,033
Heather, do you have anything for us?

5134
04:23:57,634 --> 04:24:00,066
- Nothing new. Just thank you as always for your time

5135
04:24:00,567 --> 04:24:02,734
and your, your wisdom on these projects.

5136
04:24:02,767 --> 04:24:05,066
- Okay, good.

5137
04:24:05,266 --> 04:24:06,367
- We just wanted to say thank you.

5138
04:24:06,367 --> 04:24:08,834
We gotta get a chance to thank the commission as well.

5139
04:24:09,000 --> 04:24:10,934
But not only the commission but the public comment.

5140
04:24:11,066 --> 04:24:14,367
I think there is opportunity as was discussed.

5141
04:24:15,100 --> 04:24:18,767
I truly think that if the same support that came out

5142
04:24:19,634 --> 04:24:24,033
in opposition today of Apollo Park had come out in support

5143
04:24:24,000 --> 04:24:25,333
of that original plan,

5144
04:24:25,867 --> 04:24:28,467
we would all be in a very different place today.

5145
04:24:29,500 --> 04:24:31,333
So thank you. Thank you. I

5146
04:24:31,333 --> 04:24:32,867
- Want thank the commissioner personally.

5147
04:24:32,867 --> 04:24:35,467
You spent a tremendous amount of time on this on record.

5148
04:24:35,500 --> 04:24:37,700
Off the record that,

5149
04:24:37,934 --> 04:24:41,066
and we have been talking, this is a five year,

5150
04:24:41,433 --> 04:24:44,333
it's not 18 months, it's five years we've been

5151
04:24:44,834 --> 04:24:48,000
and we do want to work with Apollo Cars to try to redevelop.

5152
04:24:48,367 --> 04:24:50,100
They just have to agree to fit in the box

5153
04:24:50,100 --> 04:24:52,467
that you guys will all all work with

5154
04:24:52,500 --> 04:24:55,000
and if we can do that, we will develop entire site.

5155
04:24:55,166 --> 04:24:56,533
Thank you so much. Thank you.

5156
04:24:56,533 --> 04:24:58,367
- Thanks for your time. It's certainly not lost on us

5157
04:24:58,433 --> 04:25:00,066
how much you, you put into this

5158
04:25:00,100 --> 04:25:03,333
and in your free time, which is probably not ample

5159
04:25:03,467 --> 04:25:06,100
or anything like me. So thank you. Well,

5160
04:25:06,100 --> 04:25:07,100
- Thank you.

5161
04:25:07,667 --> 04:25:09,000
Are there any questions

5162
04:25:09,000 --> 04:25:11,066
or information updates from commissioners for staff?

5163
04:25:12,834 --> 04:25:16,467
Hearing none. Is there a motion to adjourn? So moved.

5164
04:25:16,667 --> 04:25:19,734
Is there a second? Second. All in favor please say aye. Aye.

5165
04:25:20,033 --> 04:25:23,300
Aye. All opposed And carries unanimously or adjourned.

5166
04:25:23,300 --> 04:25:23,634
Thank you.