HomeMy WebLinkAboutPEC110058 Bailey Grand Traverse SDD major amendment EHUs with attachments_121211 T�WN OF VAlt �
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: December 12, 2011
SUBJECT: A request for a final recommendation to the Vail Town Council for a major
amendment to Special Development District No. 22, Grand Traverse, pursuant to
Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow the
employee housing requirements of the special development district to be met off-
site through the provisions of Section 12-13-5, Employee Housing Unit Deed
Restriction Exchange Program, Vail Town Code; located at 1402 through 1428
Moraine Drive and 1450, 1500, 1550, 1600, 1650, 1700, 1750, 1800, and 1850
Lions Ridge Loop/ Lots 1 through 24, Dauphinais-Moseley Subdivision Filing 1,
and setting forth details in regard thereto. (PEC110058)
Applicant: William and Pamela Bailey, represented by Mauriello Planning Group
Planner: Bill Gibson
I. SUMMARY
The applicants, William and Pamela Bailey, own a home with an attached employee
housing unit in the Dauphinais-Moseley Subdivision which is zoned Special
Development District No. 22, Grand Traverse. The applicants are requesting to
discontinue renting the existing employee housing unit, removing the associated
employee housing deed restriction from their property by transferring it to an existing,
non-deed restricted property elsewhere in Vail, and then integrating the former
employee housing unit floor area into their home. The applicants are requesting these
actions in compliance with the Town's adopted Employee Housing Unit Deed
Restriction Exchange Program regulations.
However, Special Development District No. 22, Grand Traverse, require that "The
developer shall build a minimum of six employee dwelling units within the subdivision..."
The employee housing unit attached to the Bailey's home is one of the six existing
employee housing units built in the subdivision as required by the special development
district (SDD). The applicants can not remove the employee housing unit or transfer the
associated deed restriction from their property, as permitted by the Town's adopted
Employee Housing Unit Deed Restriction Exchange Program, without first amending the
SDD requirement that the six employee housing units be built within the Dauphinais-
Moseley Subdivision.
Town of Vail
At this time, the six required employee housing units have been built within the special
development district at:
• Lot 1, 1402 Moraine Drive
• Lot 5, 1410 Moraine Drive
• Lot 10, 1420 Moraine Drive
• Lot 13, 1426 Moraine Drive
• Lot 18, 1700 Lions Ridge Loop
• Lot 24, 1403 Moraine Drive
The applicants are requesting the review of a major amendment to Special
Development District No. 22, Grand Traverse, to allow the employee housing
requirements of the special development district to be met off-site through the
provisions of Section 12-13-5, Employee Housing Unit Deed Restriction Exchange
Program, Vail Town Code.
Based upon Staff's review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forwards a
recommendation of approval, with modifications, to the Vail Town Council for this
application, subject to the findings noted in Section VIII of this memorandum.
Attached for review is a vicinity map (Attachment A), the applicant's request
(Attachment B), and Ordinance No. 25, Series of 2005 (Attachment C) which is the most
recent ordinance version of the special development district.
II. DESCRIPTION OF REQUEST
The applicants, William and Pamela Bailey, are requesting to amend Special
Development District No. 22, Grand Traverse, Section 5, Conditions of Approval, Sub-
section C, as follows (Attachment B) (text to be added is indicated in bold italics and
text to be removed is indicated in �fr;�,o fhrl,��.,�h ;+��;,,�,�:
"The development of Special Development District No. 22 will have impacts on
the available employee housing within the Upper Eagle Valley Area. In order to
help meet this additional employee housing need, the developer of Special
Development District No. 22 shall provide employee housing e�a-�e. The
following restrictions shall apply to all employee dwelling units within SDD No.
22:
1. The developer shall build a minimum of six employee dwelling units within the
subdivision. Each employee dwelling unit shall have a minimum square footage
of 400 square feet not to exceed 800 square feet and is allowed to have a
kitchen. The square footage of an employee housing unit shall be measured
from the inside face of the walls creating the unit (i.e., not including furring,
Sheetrock, plaster, and other similar wall finishes). The number of employee
Town of Vail Page 2
units shall not be counted toward allowable density for Special Development
District No. 22. The developer may choose to transfer up to 300 sq. ft. from the
primary unit to the employee unit. The developer may provide up to 23 employee
dwelling units including the 6 required dwelling units if so desired.
2. The employee dwelling units may be located on any of the lots within the
subdivision providing all the development standards are met for each lot. Only
one employee dwelling unit shall be allowed per lot with a maximum of 23 units
allowed. An employee dwelling shall be incorporated into the structure of the
primary residence and shall not be allowed to be separated from the primary unit.
Each employee dwelling unit shall have at least one enclosed garage parking
space. This parking space shall not be detached from the single-family garage
or structure. Each phase of construction shall include a minimum of one
employee dwelling unit until six employee dwelling units are constructed and
available for rental.
3. The Employee Housing Unit shall be leased to tenants who are full-time
employees who work in Eagle County. An EHU shall not be leased for a period
less than thirty consecutive days. For the purposes of this section, a full-time
employee is one who works an average of thirty hours each week.
4. An EHU may not be sold, transferred, or conveyed separately from any single-
family dwelling it may be a part of.
5. The EHU shall not be divided into any form of timeshares, interval ownership,
or fractional fee ownership as those terms are defined in the Municipal Code of
the Town of Vail.
6. No later than February 1 of each year, the owner of each employee housing
unit within the town which is constructed following the effective date of this
chapter shall submit two copies of a report on a form to be obtained from the
Community Development Department, to the Community Development
Department of the Town of Vail and Chairman of the Town of Vail Housing
Authority setting forth evidence establishing that the employee housing unit has
been rented throughout the year, the rental rate, the employer, and that each
tenant who resides within the employee housing unit is a full-time employee in
Eagle County.
7. The owner of each EHU shall rent the unit at a monthly rental rate consistent
with or lower than those market rates prevalent for similar properties in the Town
of Vail.
8. The Town of Vail Housing Authority will determine the market rate based on
the study of other units of comparable size, location, quality and amenities
throughout the Town. The market rate shall be based on an average of a
minimum of five rental rates of comparable units. If the unit is not rented and is
Town of Vail Page 3
not available at the market rate it shall be determined to be in noncompliance. In
addition to any other penalties and restrictions provided herein, a unit found to be
in noncompliance shall be subject to publication as determined by the Housing
Authority.
9. The provisions of these restrictive covenants may be enforced by the Owner
and the Town.
10. The conditions, restrictions, stipulations, and agreements contained herein
shall not be waived, abandoned, terminated, or amended except by the written
consent of both the Town of Vail and the Owner of the property.
11. Existing deed-restricted employee housing units in Special
Development District No. 22 may be exchanged Employee Housing Deed
Restriction Exchange Program, as adopted by Ordinance No. 10, Series of
2011, and as codified in 12-13-5: Employee Housing Unit Deed Restriction
Exchange Program."
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for this application, the
Community Development Department recommends modifications to the proposed
amendments. These modifications are intended to clarify the intent of the applicants'
request. The proposed modifications are also intended to "clean-up" the existing
unclear, outdated, and inconsistent provisions of the SDD language (text to be added is
indicated in bold italics and text to be removed is indicated in �fr;Uo fhrn��.,�h ;f��;,.�.�:
SECTION 1. AMENDMENT PROCEDURES FULFILLED, PLANNING AND
ENVIRONMENTAL COMMISSION REPORT
The approval procedure prescribed in Section 12-9A-10, Amendment
Procedures, Tft-�e—��e��ec-t� t-l� Vail Town Code have been
fulfilled, and the Vail Town Council has received the report of the Planning and
Environmental Commission recommending approval, of the proposed
development plan for Special Development District No. 22.
SECTION 2. SPECIAL DEVELOPMENT DISTRICT NO, 22
Special Development District No. 22 (SDD 22) and the development plan
therefore, are hereby approved for the development of Lots 1 through 19, Block
2, Lionsridge Subdivision Filing 3 within the Town of Vail consisting of 10.69
acres.
SECTION 3. PURPOSE
Special Development District No. 22 is established to ensure comprehensive
development and use of an area that will be harmonious with the general
character of the Town of Vail. The development is regarded as complementary
Town of Vail Page 4
to the Town by the Town Council and meets each of the design standards and
criteria as set forth in Section 12-9A-8 of the Vail Town Code. There are
significant aspects of Special Development District No. 22 that are difficult to
satisfy through the imposition of the standards of the underlying Two-Family
Primary/Secondary Residential�ene District. Special Development District No.
22 allows for greater flexibility in the development of the land than would be
possible under the current zoning of the property. The smaller single-family lots
provide the opportunity for a common open space for the subdivision as well as
the means to preserve the southerly ridge line of the property. Special
Development District No. 22 provides an appropriate development plan to
preserve the visual quality of the site from within the subdivision as well as
adjacent properties in the community in general.
SECTION 4. DEVELOPMENT PLAN
A. The development plan for SDD 22 is approved and shall constitute the plan for
development within the Special Development District. The development plan is
comprised of those plans submitted by Dauphinais-Moseley Construction and
consists of the following documents:
1. Site development plan, Lionsridge Resubdivision of Lots 1-19, Vail,
Colorado, Intermountain Engineering, dated July 7, 1998.
2. Conceptual landscape plan, Intermountain Engineering, dated July 7,
1998.
3. Final Plat of Lionsridge Subdivision Filing No. 5, A Resubdivision of
Lots 1-19, Block 2, Lionsridge Subdivision Filing No. 3, Town of Vail,
County of Eagle, State of Colorado, sheets 1 and 2, Intermountain
Engineering Limited, dated April 19, 1989, Amended Final Plat of
Dauphinais-Moseley Subdivision Filing No. 1, A Resubdivision of Lots 5,
6, 7, 8, 9 7 10, Town of Vail, County of Eagle, State of Colorado,
Intermountain Engineering, dated July 21, 1998, and Amended Final Plat:
A Resubdivision of Lot 5, Amended Final Plat: Dauphinais-Moseley
Subdivision Filing 1: A Resubdivision of Lots 5, 6, 7, 8, 9, and 10, Town of
Vail, County of Eagle, State of Colorado, Intermountain Engineering,
dated February 3, 2006.
4. Construction, grading and drainage drawings for a resubdivision of Lots
1-19, Block 2, and Lionsridge Lane, Lionsridge Subdivision Filing No. 3,
Town of Vail, Eagle County, Colorado, Intermountain Engineering Limited,
sheets 1-8, dated March 9, 1989.
5. Soils and Foundation Investigation for Lots 1-24, Lionsridge 5th Filing.
Town of Vail Page 5
6. Lionsridge Color Palette, Arnold/Gwathmey/Pratt Architects, March
1990.
7. The subdivision plat for Dauphinais-Moseley Subdivision recorded
August 23, 1990, July 21, 1998, and February 3, 2006.
8. The development standards shall be as follows:
1. Acreaqe: The total ac-�eage area of this site is 10.69 acres or 465,650
square feet.
2. Permitted Uses: The following uses shall be permitted�in
SDD 22�e:
a. Single-family r°°�� dwellings.
b. Open space.
c. Public roads.
d. Employee �g housing units as ^�°f;n°^' ;n c°^f;^n �,
further regulated by Subsection 5D of this
ordinance and Chapter 12-13, Employee Housing, Vail Town
Code.
3. Conditional Uses: The following conditional uses shall be permitted
in SDD 22, subject to the issuance of a conditional use permit in
accordance with Chapter 12-16, Conditional Uses, Vail Town Code:
a. Public utility and public service uses.
b. Public buildings, grounds and facilities.
c. Public e�and private schools.
d. Public park and recreation facilities.
4. Accessory Uses: The following accessory uses shall be permitted
in SDD 22:
a. Private greenhouses, toolsheds, playhouses, garages or
carports, swimming pools, patios, or recreation facilities customarily
incidental to single-family residential uses.
b. Home occupations, subject to issuance of a home occupation
permit in accordance with the provisions of Section 12-14-12,
Home Occupations, e�-t#e Vail Town Code.
c. Other uses customarily incidental and accessory to permitted or
conditional uses, and necessary for the operation thereof.
Town of Vail Page 6
5. Setbacks: Minimum setbacks shall be as indicated on the approved site
development plan by Intermountain Engineering, dated July 7, 1998. A 4-
foot roof overhang shall be allowed in the front setback for Lots 15-19,
provided the rear setback is increased by 4 feet. A 4-foot roof overhang
shall be allowed in the rear setback of Lots 20-24, provided the front
setback is increased by 4 feet. Roof overhangs shall be allowed to
encroach up to 2 feet into the required side setback of 10 feet for each lot.
An unenclosed, unroofed, deck or patio within 5 feet of finished grade may
encroach into the rear setback by 5 feet for Lots 1-14 and Lots 20-24. No
other setback encroachments shall be allowed.
6. Density:Approval of this development plan shall permit a total of 23
single-family dwelling units on the entire property.
�„.,.,►,,,,00 ,�,�,,,��;nn „„;f�. �h�ll ho ro�,,:,-o,�. A maximum of 23 employee
a4�ueNi� housing units shall be permitted on the entire property.
7. Buildinq Heiqht: For a sloping roof, the height of the building shall not
exceed 33 feet. The height calculation shall be made by measuring from
the existing grade as indicated on the Intermountain Engineering
Topographical Survey dated March 13, 1990 or finished grade. Height
shall be calculated;�e�eEf�^n '"_�_� ^ffho 1/oil Tn�nin �„�,o pursuant to
Section 12-2-2, Definitions, Vail Town Code.
8. Site Coverage: Not more than 25 percent of the total site area on each
lot shall be covered by buildings. "Site coverage"shall
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9. Parkinq: Parking shall be �° r�- °�� 'n r;+��i �ti�fo,- �n nf fho
,,,--rT �, «i l--,V-Qrn,.,
provided pursuant to Chapter 12-10, Off Street Parking and Loading,
Vail Town Code. Each employee �e�i�g housing unit within SDD 22
shall "° Y°ry,.;r°^' +^ have at least one enclosed garage parking space.
10. Design Guidelines: The development of each lot shall be guided by the
architectural and landscape design guidelines as approved as part of the
Special Development District No. 22. The guidelines are as follows:
Town of Vail Page 7
a. Architectural. The architectural design of the buildings upon the
site shall be such that buildings relate harmoniously to each other.
This is not to imply that each building must look exactly similar to
those around it, but that compatibility be achieved through the use
of scale, materials and co/ors, and building shape and form. The
overriding concern is that, upon completion, the Special
Development District, because of the clustered nature of the small
single-family lots situated around common open space, should
appear to be an integrated development possessing a common
architectural quality, character, and appearance. To this end the
following general design criteria shall be followed by the developer
and individual lot owners:
b. Color. A palette of colors shall be as set forth in the Lionsridge
Color Palette from Arnold/Gwathmey/Pratt dated March 1990.
Colors are indicated for the use on different types of building
materials and elements such as stucco co/ors, siding colors, metal
flashing, windows, accent colors, etc. The palette of colors
indicates a range of acceptable colors in order to encourage
similarity on one hand, but also diversity within the acceptable
range.
c. Buildinq Standards and Materials. The following building
standards and materials shall be adhered to:
(1) Roof. The roof pitch shall be a minimum 8/12 and a
maximum of 12/12. A gable, clipped gable or hipped roof
shall be mandatory. Dormers shall be allowed °n^' r°,,;°,^,°^'
"„ f"° n°°;ryn Q°,,;°,^, Q^�Y,�. The roofing material shall be
synthetic wood shingles with staggered butts.
(2) Chimnevs. The chimneys shall be stucco with chimney
caps of weathered copper.
(3) Flues. All flues shall be galvanized or painted sheet
metal, painted to match the roof.
(4) Main Fascia. The main fascia shall be a solid color stain,
with brown, taupe, or gray.
(5) Secondary Fascia and Metal Railings above the First
Floor. The secondary fascia and metal railings above the
first floor shall be a muted accent trim color f^ "° Y°,,;°�^,°^'
h�� fho IlL7R
Town of Vail Page 8
(6) Walls. Walls shall be of stucco and horizontal or vertical
wood siding. Stucco colors shall be gray, beige or off-white.
Wood siding colors shall be gray, brown or taupe.
(7) Stone. Residences�l shall have a minimum of a two
foot high stone wainscot in rainbow mix with a sandstone
cap around the perimeter of the structure, except under
decks where substantially concealed by landscaping.
(8) Windows. Windows located within stucco areas shall
have a minimum of two inches of relief from the outside wall
plane and have a sandstone sill.
(9) Outdoor Lighting, Outdoor lighting shall be indirect with a
concealed source except for an entry chandelier, two
carriage lights and one pilaster light which may be exposed
globes with a fixture of black or weathered copper look
metal. The maximum number of outdoor lights permitted on
each lot shall be 15, as calculated pursuant to Section 14-
10-7, Outdoor Lighting, Vail Town Code, regardless of lot
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(10) Garages. No garage doors shall directly face the street,
except on Lot 24 and Lot 14.
(11) A residential address/nameplate, if desired by the
owner, shall be located on the side of the garage facing the
access point to the lot.
(12) When the individual landscape plans are designed for
individual lots, special care shall be taken in the design of
side yard landscaping in order to provide adequate
screening between structures.
11. Recreational Amenities Tax: The recreation amenities tax shall be
assessed at the rate for a Single-Family Residential�e District.
SECTION 5. CONDITIONS OF APPROVAL
A. The major amendment to Special Development District No. 22, Grand
Traverse, shall not be effective until the major subdivision is recorded by the
Town of Vail at the Eagle County Clerk and Recorder's Office.
Town of Vail Page 9
8. The major subdivision shall be recorded at the Eagle County Clerk and
Recorder's Office prior to a building permit being released for any construction on
Lots 2, 5, 7, 9 or 10.
C. The development of Special Development District No. 22 will have impacts on
the available employee housing within the Upper Eagle Valley Area. In order to
help meet this additional employee housing need, the developer of Special
Development District No. 22 shall provide a minimum of 6 deed-restricted
employee housing e�a-�e units. These required employee housing units
may be located within SDD 22, off-site, or a combination thereof. Any
required employee housing units located within SDD 22 shall be subject to
the restrictions outlined in Subsection 5D of this ordinance. Any required
employee housing units located off-site shall be subject to the provisions
of Chapter 12-13, Employee Housing, Vail Town Code. The required
employee housing units, both on-site and off-site, shall be eligible for
exchange in accordance with the procedures outlined in Section 12-13-5,
Employee Housing Unit Deed Restriction Exchange Program, Vail Town
Code.
D. The following restrictions shall apply to all employee �4�el�i-►� housing units,
required and non-required, within SDD �la- 22:
1.
. Each employee �g housing unit shall have a
minimum square footage of 400 square feet not to exceed 800 square feet
and ' shall have a kitchen or kitchenette. The square
footage of an employee housing unit shall be measured from the inside
face of the walls creating the unit (i.e., not including furring, sheetrock,
plaster, and other similar wall finishes). Tho n��mhor nf omr�/n�ioo „n;f�.
vrhr°�arr-rvt-bi� '.�}iir�cCd ei�ri-I �ll��ei�hlo i-1 nc+if�i fl,.- C.,en���r� r�m��
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2. The employee ^''"'� housing units may be located on any of the lots
within the subdivision providing all the development standards are met for
each lot. Only one employee �g housing unit shall be allowed per
lot with a maximum of 23 employee housing units allowed. �t Each
employee ^''"'� housing unit shall be incorporated into the structure of
the „rimoni ,-o�;,�on„o single-family dwelling and shall not be allowed to
be separated from the ' single-family dwelling. Each
employee �g housing unit shall have at least one enclosed garage
parking space. This parking space shall not be detached from the single-
family garage or structure. ��^" ^"��� nf n�nofr��nfinn ��,�► ;n„►,,,�o �
Town of Vail Page 10
r+ro nnnofr��nfoi-I �+nrl r+�ir+il�+hln fnr ranf�+l
3. The employee housing unit shall be leased to full-time employees who
work in Eagle County. �#41 The employee housing unit shall not be
leased for a period/ess than thirty consecutive days. For the purposes of
this section, a full-time employee is one who works an average of thirty
hours each week.
4. ^�o The employee housing unit may not be sold, transferred, or
conveyed separately from a�the single-family dwelling it�e is a
part of.
5. The €-k#�1 employee housing unit shall not be divided into any form of
timeshares, interval ownership, or fractional fee ownership as those terms
are defined in the Vail Town Code.
6. No later than February 1 of each year, the owner of each employee
housing unit within SDD 22
nfFonfi�io rJ�fo nf fhio nh�rifor shall submit f�^,^ nnnioo nf� ronnrF nn � fnrm
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a sworn affidavit on a
form provided by the Town of Vail to the Community Development
Department containing the following information: evidence
establishing that the employee housing unit has been rented throughout
the year by an employee, the rental rate, the employer, and evidence to
demonstrate that ea� at least one tenant who resides within the
employee housing unit is a full-time employee in Eagle County.
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7. All employee housing units within SDD 22 shall be eligible for
exchange in accordance with the procedures outlined in Section 12-
Town of Vail Page 11
13-5, Employee Housing Unit Deed Restriction Exchange Program,
Vail Town Code.
8. -9: The provisions of these Y°°+r:^f;"^ ^^�,°n°n+° restrictions may be
enforced by the Owner . The provisions of these
restrictions may also be enforced by the Town of Vail in accordance
with Chapter 12-3, Administration and Enforcement, Vail Town Code.
9. �-9: The conditions, restrictions, stipulations, and agreements contained
herein shall not be waived, abandoned, terminated, or amended except by
the written consent of both the Town of Vail and the Owner of the
property.
E. � The architectural and landscape design guidelines shall be incorporated
into the subdivision covenants before the final plat is recorded at the Eagle
County Clerk and Recorder's Office. The Town Of Vail shall be party to these
agreements.
SECTION 6. AMENDMENTS
Amendments to Special Development District No. 22 shall follow the procedures
. , prescribed in
Section 12-9A-10, Amendment Procedures, Vail Town Code.
SECTION 7. EXPIRATION
The applicant must begin construction of the Special Development District within
3 years from the time of its final approval, and continue diligently toward
completion of the project. If the applicant does not begin and diligently work
toward the completion of the Special Development District or any stage of the
Special Development District within the time limits imposed by the preceding
subsection, the Town of Vail Planning and Environmental Commission shall
review the Special Development District. They shall recommend to the Vail
Town Council that either the approval of the Special Development District be
extended, that the approval of the Special Development District be revoked, or
that the Special Development District be amended.
III. BACKGROUND
The subject property was annexed into the Town of Vail, along with other properties in
the vicinity, on August 15, 1979, by Ordinance No. 29, Series of 1979.
On August 29, 1979, the Vail Town Council adopted a final plat which in part subdivided
the subject property as Lots 1-19, Block B, Lion's Ridge Subdivision Filing 3.
Town of Vail Page 12
On August 16, 1988, the Vail Town Council adopted Ordinance No. 23, Series of 1988,
to establish Special Development District No. 22. The stated purpose of this district was
in part:
"...there are significant aspects of Special Development 22 which are difficult to
satisfy through the imposition of the standards of the Primary/Secondary zone
district. SDD 22 allows for greater flexibility in the development of the land than
would be possible under the current zoning of the property. The smaller single
family lots provide the opportunity for a common open space for the subdivision
as well as to preserve the southerly ridge line of the property. SDD 22 provides
an appropriate development plan to preserve the visual quality of the site from
within the subdivision as well as adjacent properties and the community in
general."
On April 17, 1990, the Vail Town Council adopted Ordinance No. 13, Series of 1990,
amending Special Development District No. 22 concerning lot size and corresponding
gross residential floor area (GRFA), curb cuts, employee dwelling units, and
architectural guidelines. In part, Section 5 of this ordinance includes the condition of
approval that:
"G. The development of Special Development District No 22 will have impacts on
the available employee housing within the Upper Eagle Valley Area. In order to
help meet this additional employee housing need, the developer of Special
Development No. 22 shall provide employee housing on site. The following
restrictions shall apply to all employee housing units within SDD No. 22:
The developer shall build a minimum of six employee dwelling units within the
subdivision..."
On May 14, 1990, the Town of Vail Planning and Environmental Commission approved
the re-subdivision of the subject property as the Dauphinais-Moseley Subdivision Filing
1. This plat includes notes that:
"The Development Standards for this final plat entitled ... which include the total
acreage of this resubdivision, permitted uses, conditional uses, accessory uses,
maximum GRFA for Lots 1 through 24 inclusive, setbacks, density, building
height, site coverage, parking, and other design guidelines shall be set forth in
Ordinance No. 13, Series of 1990 entitled ..."
The provisions of Special Development District No. 22, Grand Traverse, were
subsequently amended as follows:
• Ordinance No. 9, Series of 1998, concerning lot sizes, number of lots and
corresponding development standards, and architecture guidelines.
Town of Vail Page 13
• Ordinance No. 10, Series of 1991, concerning lot size and corresponding GRFA
and employee dwelling units and architectural guidelines.
• Ordinance No. 32, Series of 1991, providing typographical and wording
corrections.
• Ordinance No. 25, Series of 2005 (Attachment C), concerning the elimination of
GRFA limitations within the district and the number of lots.
• January 21, 2008, Staff approved minor amendment modifying the allowable
roofing types (i.e. prohibiting wood shakes).
On January 6, 2009, the Vail Town Council adopted Ordinance No. 31, Series of 2008,
to establish an employee housing deed-restriction exchange program. The stated
purpose of these new regulations was as follows:
"The purpose of this Section is to provide occupied livable, affordable employee
housing units within the Town of Vail through the establishment of an employee
housing unit deed restriction exchange program. The exchange program allows
for the release of a deed restriction from an existing employee housing unit in
exchange for the conveyance of a free market dwelling unit to the Town of Vail to
be deed restricted."
On June 21, 2011, the Vail Town Council amended the employee housing deed-
restriction exchange program through the adoption of Ordinance No. 10, Series of 2011.
The purpose of the exchange program regulations was amended to read as follows:
"The purpose of this Section is to provide occupied livable, affordable employee
housing units within the Town of Vail through the establishment of an employee
housing unit deed restriction exchange program. The exchange program allows
the Town Council to release a deed restriction from an existing employee
housing unit in exchange for the placement of an employee housing deed
restriction on another dwelling unit and/or a fee-in-lieu payment made to the
Town of Vail."
On September 26, 2011, the Planning and Environmental Commission reviewed a
similar application for a major amendment to Special Development District No. 29, The
Valley Phase II. The Commission forwarded a recommendation of approval to the Vail
Town Council to allow the on-site employee housing requirements of The Valley Phase
II to be met off-site through the employee housing unit deed restriction exchange
program.
On October 18, 2011, the Vail Town Council adopted Ordinance No. 19, Series of 2011,
an ordinance repealing and reenacting Special Development District NO. 29, The Valley
Phase II, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to
allow for the exchange of the on-site employee housing unit (EHU) requirement in
Town of Vail Page 14
accordance with the provisions of section 12-13-5, Employee Housing Unit Deed
Restriction Exchange Program, Vail Town Code.
IV. APPLICABLE PLANNING DOCUMENTS
Staff believes that the following are relevant to the review of this proposal:
TITLE 12: ZONING REGULATIONS, VAIL TOWN CODE
ARTICLE A. SPECIAL DEVELOPMENT (SDD) DISTRICT (in part)
12-9A-1: PURPOSE AND APPLICABILITY:
A. Purpose: The purpose of the special development district is to encourage
flexibility and creativity in the development of land in order to promote its most
appropriate use; to improve the design character and quality of the new
development with the town; to facilitate the adequate and economical provision of
streets and utilities; to preserve the natural and scenic features of open space
areas; and to further the overall goals of the community as stated in the Vail
comprehensive plan. An approved development plan for a special development
district, in conjunction with the property's underlying zone district, shall establish
the requirements for guiding development and uses of property included in the
special development district.
12-9A-2: DEFINITIONS:
MAJOR AMENDMENT(PEC AND/OR COUNCIL REVIEW):Any proposal to
change uses; increase gross residential floor area; change the number of
dwelling or accommodation units; modify, enlarge or expand any approved
special development district (other than "minor amendments"as defined in this
section), except as provided under section 12-15-4, "Interior Conversions'; or 12-
15-5, "Additional Gross Residential Floor Area (250 Ordinance)'; of this title.
12-13-5: EMPLOYEE HOUSING UNIT DEED RESTRICTION EXCHANGE PROGRAM:
A. Purpose: The purpose of this Section is to provide occupied livable, affordable
employee housing units within the Town of Vail through the establishment of an
employee housing unit deed restriction exchange program. The exchange
program allows the Town Council to release a deed restriction from an existing
employee housing unit in exchange for the placement of an employee housing
deed restriction on another dwelling unit and/or a fee-in-lieu payment made to
the Town of Vail.
8. Applicability: The program established under this section applies to existing
employee housing units. This shall not apply to any existing employee housing
Town of Vail Page 15
unit that is already price appreciation capped or any employee housing unit
established to meet the on site employee mitigation requirements of chapter 23,
"Commercial Linkage'; or chapter 24, "Inclusionary Zoning'; of this title or as part
of an approved development plan.
C. Definitions: For the purpose of this section:
COMMERCIAL JOB CORE: Those areas located south of Interstate 70,
east of the intersection of Forest Road and South Frontage Road, north of
Vail Mountain, and west of the town of Vail soccer fields on Vail Valley
Road, as further defined by exhibit A of this section.
Exchange EHU: The existing non-price appreciation capped employee
housing unit or other unit with an employee housing deed restriction that is
being proposed to have the deed restriction released as part of this
program.
Proposed EHU: The existing dwelling unit that is being proposed to
receive an employee housing deed restriction as part of this program.
D. General Requirements: The Town Council may approve the removal of an
employee housing deed restriction from an existing employee housing unit in
exchange for the placement of an employee housing deed restriction on
to another dwelling unit, and/or the payment of a fee-in-lieu.
1. Exchange EHU requirements:
a. The exchange EHU shall not be part of any employee housing project
developed or deed-restricted (in part or in whole) by the Town of Vail.
b. The exchange EHU shall not be part of any on-site employee housing
mitigation required by inclusionary zoning, commercial linkage, or as part
of an approved development plan.
c. The property that includes the exchange EHU shall comply with the
prescribed development standards (density controls including GRFA
and number of units, site coverage, landscaping and parking
requirements, etc.), as outlined in the applicable zone district section of
Title 12, Zoning Regulations, Vail Town Code, upon exchange of the
deed restrictions.
2. Proposed EHU requirements:
a. The proposed EHU(s) shall be located within the Town of Vail.
b. The proposed EHU(s) shall be within a homeowners association that
does not preclude deed restricted units, does not have a right of first
refusal, does not have right to approve the sa/e or the sale contract, or
Town of Vail Page 16
have any other requirements deemed to be similarly restrictive by the
Administrator.
c. The proposed EHU shall comply with the minimum size requirements
shown in Table 13-2.
TABLE 13-2: MINIMUM SIZE OF PROPOSED EHUs
T e Of Unit Minimum Size GRFA
Studio 438 square feet
1 bedroom 613 s uare feet
2 bedroom 788 s uare feet
3+bedrooms 1,225 s uare feet
d. The proposed EHU shall contain a kitchen facility or kitchenette and a
bathroom.
e. The property on which the proposed EHU is located shall comply with
Chapter 12-10, Off-Street Parking and Loading, Vail Town Code.
f. The proposed EHU shall have its own entrance. There shall be no
interior access from the proposed EHU to any dwelling unit to which it
may be attached.
3. Exchange Rate for Proposed EHUs:
a. If the exchange EHU(s) is within the commercial job core and the
proposed EHU(s) is also within the commercial job core, the gross
residential floor area (GRFA) of the proposed EHU(s) shall be a
minimum of two (2) times the gross residential floor area (GRFA) of the
exchange EHU.
b. If the exchange EHU is within the commercial job core and the proposed
EHU(s) is outside of the commercial job core, the gross residential floor
area (GRFA) of the proposed EHU(s) shall be a minimum of three (3)
times the gross residential floor area (GRFA) of the exchange EHU.
c. If the exchange EHU is outside of the commercial job core and the
proposed EHU(s) is inside of the commercial job core, the gross
residential floor area (GRFA) of the proposed EHU(s) shall be a
minimum of one and one-half(1.5) times the gross residential floor area
(GRFA) of the exchange EHU.
d. If the exchange EHU is outside of the commercial job core and the
proposed EHU(s) is outside of the commercial job core, the gross
residential floor area (GRFA) of the proposed EHU(s) shall be a
minimum of two (2) times the gross residential floor area (GRFA) of the
exchange EHU.
4. No Credit Given: If the gross residential floor area (GRFA) of the
proposed EHU(s) is in excess of the minimum required gross residential
floor area (GRFA) as set forth in Subsection D3 above, the additional
gross residential floor area (GRFA) shall not be eligible for use as any
Town of Vail Page 17
form of future credit or for the Commercial Linkage or Inclusionary
Zoning employee housing mitigation banks established by Sections 12-
23-7 and 12-24-7, Vail Town Code.
5. Fee-In-Lieu: The applicant may elect to provide a fee-in-lieu payment to
the Town of Vail for any portion of the required square footage not
provided by a proposed EHU. The town shall only use monies
collected from the fees in lieu to provide new employee housing. The
applicant shall pay a fee-in-lieu equal to the following formulas:
Existing EHU sqft x multiplier x inclusionary zoning fee=Fee-in-Lieu Payment
a. If the exchange EHU was approved prior to July 22, 1994 and has a
deed restriction that includes the language stating "if the unit is rented, it
shall be rented only to tenants who are full time employees...,"the
formula for fee-in-lieu payment is:
(the square footage of the exchange EHU as recorded on the deed
restriction]x�the current rate for inclusionary zoning fee-in-lieuJ x 1
b. If the exchange EHU was approved after July 22, 1994 and/or does not
have a deed restriction that includes the language stating "if the unit is
rented, it shall be rented only to tenants who are full time employees...';
and if the exchange EHU is outside of the commercial job core, the
formula for fee-in-lieu payment is:
(the square footage of the exchange EHU as recorded on the deed
restriction]x�the current rate for inclusionary zoning fee-in-lieu]x 2
c. If the exchange EHU was approved after July 22, 1994 and/or does not
have a deed restriction that includes the language stating "if the unit is
rented, it shall be rented only to tenants who are full time employees...';
and is within the commercial job core, the formula for fee-in-lieu payment
is:
(the square footage of the exchange EHU as recorded on the deed
restriction]x�the current rate for inclusionary zoning fee-in-lieu]x 3
F. Review Process:
1. Submittal Requirements: The administrator shall establish the submittal
requirements for an employee housing deed restriction exchange application. A
complete list of the submittal requirements shall be maintained by the
administrator and filed in the community development department. Certain
submittal requirements may be waived and/or modified by the administrator
and/or the reviewing body if it is demonstrated by the applicant that the
information and materials required are not relevant to the proposed exchange.
The administrator and/or the reviewing body may require the submission of
additional materials if deemed necessary to properly evaluate the application.
2. Review Procedures:
Town of Vail Page 18
a. Administrator Review: The administrator shall review the application for
completeness and compliance with this section, and shall make a
determination of completeness and compliance with this section within
fourteen (14) days of application submittal. Should the administrator deem
that the application is incomplete or not in compliance with this section, the
administrator shall deny the application. Should the administrator deem the
application is both complete and in compliance with this section, the
administrator shall forward the application for review by the Vail local housing
authority.
b. Vail Local Housing Authority Review: The review of a proposed employee
housing deed restriction exchange application shall be held by the Vail local
housing authority at a regularly scheduled meeting. A report of the community
development department staff's findings and recommendations shall be made
at the formal hearing before the Vail local housing authority. Within twenty
(20) days of the closing of a public hearing on a proposed amendment, the
Vail local housing authority shall act on the application. The authority may
recommend approval of the application as initiated, may recommend approval
with such modifications as it deems necessary to accomplish the purposes of
this title, or may recommend denial of the application. The authority shall
transmit its recommendation, together with a report on the public hearing and
its deliberations and findings, to the town council.
c. Town Council Review: Upon receipt of the report and recommendation of the
authority, the town council shall set a date for hearing within the following
thirty (30) days. Within twenty (20) days of the closing of a public hearing on
the application, the town council shall act on the application. The town council
shall consider but shall not be bound by the recommendation of the Vail local
housing authority. The town council may approve, either in accordance with
the recommendation of the Vail local housing authority or in modified form, or
the council may deny the application.
3. Criteria and Findings:
a. Criteria: Before acting on an Employee Housing Deed Restriction Exchange
application, the Vail Local Housing Authority and Vail Town Council shall
consider the following criteria with respect to the application:
1. The proximity and accessibility of the proposed EHU(s) to the
Commercial Job Core and public transportation; and
2. The size of the proposed EHU(s) in relation to the minimum
employee housing unit sizes established for Commercial Linkage
mitigation in Section 12-23-3, Vail Town Code; and
3. The effect of any homeowners association dues or maintenance
fees imposed upon the proposed EHU(s) on the affordability of the
proposed unit for an employee; and
4. The correlation between any homeowners association fees
imposed upon the proposed EHU(s) and the services and
amenities provided by the homeowners association.
Town of Vail Page 19
5. The extent to which the exchange is consistent with the applicable
elements of the adopted goals, objectives and policies outlined in
the Vail comprehensive plan and is compatible with the
development objectives of the town; and
6. The extent to which the exchange presents a harmonious,
convenient, workable relationship among land uses consistent with
municipal development objectives; and
7. The extent to which the exchange provides for the growth of an
orderly viable community and serves the best interests of the
community as a whole.
TOWN OF VAIL EMPLOYEE HOUSING STRATEGIC PLAN
OBJECTIVES
F. Increase and maintain deed-restricted housing within the Town to encourage
the efficient use of resources by placing employees closer to their place of work.
It is understood there is a reduced need for personal automobiles and reduced
transit costs when home and work are in close proximity to one another. Also,
there may be changes in workforce demographics that result in opportunities to
reduce parking associated with affordable housing in selected locations. To the
extent these opportunities can be realized, without negative impacts on the
overall community, they will be explored.
EMPLOYEE HOUSING UNITS EXCHANGE PROGRAM
The Town will conduct a review of the "dispersed housing units" that have been
created under the density bonus provisions allowed by Town Code since 1982. It
is estimated that 123 units were created under the existing program, typically
ranging in size from 300 to 500 square feet. It is believed that many of these
units are not being used to house employees as anticipated by the program.
Although these units are covered by various types of deed restrictions, the
requirements are not uniform and in many cases are not meeting the objective of
providing long-term dispersed employee housing. The Town will evaluate the
current program and will consider a "deed restriction exchange program" as a
part of this overall effort. The program would likely permit, at the initiation of the
landowner, the exchange of small rental units for a larger for-sale, price
appreciation capped employee housing unit. Guidelines for the program will be
developed. It is expected that these standards will address recommended size
of units, location, homeowner's fees and other aspects of the program. Such a
program has been recently tried in Vail. It is believed that other dispersed
employee units, not currently in use, could be leveraged into permanently
restricted units by using this technique; it could represent an important element of
this overall plan. The Units Exchange Program is to increase the quality and the
Town of Vail Page 20
total quantity of employee housing within the Town of Vail. Achieves Objectives
B, E, F, andG.
V. SITE ANALYSIS
Addresses: 1402 through 1428 Moraine Drive and 1450, 1500, 1550,
1600, 1650, 1700, 1750, 1800, and 1850 Lions Ridge Loop
Legal Description: Lots 1 through 24, Dauphinais-Moseley Subdivision Filing 1
Zone District: Two-Family Primary/Secondary District (underlying)
SDD No. 22, Grand Traverse
Land Use Designation: Medium Density Residential
Geologic Hazards: None
VI. SURROUNDING LAND USES AND ZONING
Existinq Use Zoning District
North: Residential Two-Family Primary/Secondary District
West: Residential Two-Family Primary/Secondary District
Lodge Public Accommodation 2 District
East: Residential Low Density Multiple-Family District
Residential Two-Family Primary/Secondary District
South: I-70/Hwy. 6 n/a
VII. REVIEW CRITERIA
The following design criteria shall be used as the principal criteria in evaluating the
merits of the proposed special development district. It shall be the burden of the
applicant to demonstrate that submittal material and the proposed development plan
comply with each of the following standards, or demonstrate that one or more of them is
not applicable, or that a practical solution consistent with the public interest has been
achieved:
1. Compatibility: Design compatibility and sensitivity to the immediate
environment, neighborhood and adjacent properties relative to architectural
design, scale, bulk, building height, buffer zones, identity, character, visual
integrity and orientation.
The six employee housing units required for Special Development District No. 22,
Grand Traverse, have already been built in the Dauphinais-Moseley Subdivision and
Staff finds the integration of that floor area into the associated primary residences will
not affect the design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design, scale, bulk,
building height, buffer zones, identity, character, visual integrity and orientation.
Town of Vail Page 21
2. Relationship: Uses, activity and density which provide a compatible, efficient
and workable relationship with surrounding uses and activity.
Staff finds that allowing the removal of the on-site employee housing units will reduce
the density of the subdivision which will continue to provide a compatible, efficient and
workable relationship with surrounding uses and activity. The housing opportunities
provided by these existing employee housing units will be continued in accordance with
the Employee Housing Unit Deed Restriction Exchange Program regulations.
3. Parking and Loading: Compliance with parking and loading requirements as
outlined in Chapter 12-10, Vail Town Code.
Staff finds that allowing the removal of the on-site employee housing units will improve
compliance with parking and loading requirements as outlined in Chapter 12-10, Off
Street Parking and Loading, Vail Town Code.
4. Comprehensive Plan: Conformity with applicable elements of the Vail
comprehensive plan, town policies and urban design plans.
Staff finds the application conforms to Town of Vail Employee Housing Strategic Plan
recommendations for an employee housing exchange program.
5. Natural And/ Or Geologic Hazard: Identification and mitigation of natural and/or
geologic hazards that affect the property on which the special development
district is proposed.
The subject property is not located within a mapped geologic hazard area, so Staff finds
this criterion to not be applicable.
6. Design Features: Site plan, building design and location and open space
provisions designed to produce a functional development responsive and
sensitive to natural features, vegetation and overall aesthetic quality of the
community.
The six employee housing units required for Special Development District No. 22,
Grand Traverse, have already been built in the Dauphinais-Moseley Subdivision and
Staff finds the integration of that floor area into the associated primary residences will
not affect any natural features, vegetation or the overall aesthetic quality of the
community.
7. Traffic: A circulation system designed for both vehicles and pedestrians
addressing on and off site traffic circulation.
Town of Vail Page 22
Staff finds that allowing the removal of the on-site employee housing units will reduce
the density of the subdivision and will reduce demand on the existing vehicle and
pedestrian traffic both on and off site.
8. Landscaping: Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and function.
The six employee housing units required for Special Development District No. 22,
Grand Traverse, have already been built in the Dauphinais-Moseley Subdivision and
Staff finds the integration of that floor area into the associated primary residences will
not affect the existing landscaping or open spaces.
9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of the special
development district.
The six employee housing units required for Special Development District No. 22,
Grand Traverse, have already been built and the Dauphinais-Moseley Subdivision Filing
1 has already been implemented, so Staff finds this criterion to not be applicable.
VIII. RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission forwards a recommendation of approval, with
modifications, to the Vail Town Council for the proposed major amendment to Special
Development District No. 22, Grand Traverse. Staff's recommendation is based upon a
review of the criteria and findings as outlined in this memorandum and the evidence and
testimony presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, with modifications, of this major amendment to a special
development district, the Community Development Department recommends the
Commission pass the following motion:
"The Planning and Environmental Commission forwards a
recommendation of approval for the major amendment to Special
Development District No. 22, Grand Traverse, pursuant to Section 12-9A-
10, Amendment Procedures, Vail Town Code, to allow the employee
housing requirements of the special development district to be met off-site
through the provisions of Section 12-13-5, Employee Housing Unit Deed
Restriction Exchange Program, Vail Town Code; located at 1402 through
1428 Moraine Drive and 1450, 1500, 1550, 1600, 1650, 1700, 1750, 1800,
and 1850 Lions Ridge Loop/Lots 1 through 24, Dauphinais-Moseley
Subdivision Filing 1, subject to the modifications outlined in Section 11 of
Town of Vail Page 23
the December 12, 2011, staff inemorandum, and setting forth details in
regard thereto."
Should the Planning and Environmental Commission choose to forward a
recommendation of approval for this major amendment to a special development
district, the Community Development Department recommends the Commission make
the following findings:
"Based upon the review of the criteria outlined in Section Vlll of the December
12, 2011 staff inemorandum and the evidence and testimony presented, the
Planning and Environmental Commission finds:
1. The proposal to amend Special Development District No. 22, Grand
Traverse, complies with the nine design criteria outlined in Section 12-9A-8 of
the Vail Town Code; and,
2. The applicant has demonstrated to the satisfaction of the Commission,
based upon the testimony and evidence presented during the public hearing,
that any adverse effects of the requested deviations from the development
standards of the underlying zoning are outweighed by the public benefits
provided; and,
3. The request is consistent with the development goals and objectives of the
Town of Vail Comprehensive Master Plan."
IX. ATTACHMENTS
A. Vicinity Map
B. Applicant's Request
C. Ordinance No. 25, Series of 2005
Town of Vail Page 24
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Town of Vail Page 25
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Appltc�nt: #�`� �,,;µ� ��`'*_ � : 1.. :� .�4t� �w�,� � '�r .,. �;, ��
William & Pamela Bailey � - � �., . '�, • � �� � ,., , �� ,
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Representative: °Y�°• �.�� �� `,,�`�m4. � � � ;�, ,
f111aurielda Planning Grc�up �'"�.. y''�� ° - • ' �� �:�'
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11��j�r Amendment to S�� NO. ZZ t� Al�vw the
Grand Tra�erse �Neighb�nc��c�d ta �Participa�e ir� th�
EHU �xchange Program.
� �
�
Maurreil� Pianning Group
I. fta��odu�on
William a�d Pamela B�iley own a harne lacated at 1420 Mcaraine C]riWe/Lot 1t�, Dauphinais-M�seiey
Subdivisio� Filing 1, with a deed-restricted em�lc�yee hausing unit within the G�and Traverse Special
Development Q�s�rict. Based upan the reeent chang�5 to the Empfoyee Housing Exchar�ge Prc�gram, the
app[icants wauld like ta participate in �h�s pragram like any cather owner �f a deed restricte� �mplayee
ha�sing unit w'rthin the Town. Hc�vuever, the Grand Traverse neEghhorhood is within Special
DevelQpmen� [�istrict No. 22 �SDD #22�, Grand Trav�rse, ancf the ex�sting language af the adopt�ng
orcl�nance of SQD#Z2 must be arnended to aflc�w pariticipafian in the exchange program.
While the language �f the Chapter 13, Employe� Housing, Sectiran 1�-13-5 �A and S} states that the
ex�Ftange program "appiies tp existing �mployee housir�g units," Town 5taff indicated that t�a
participate in tl�e EHLI �xchange Program, a majc�r amendment ta SDD #22 is necessary. 7'F�is pr�posed
�hange uwouid a�low any prop�erties with �n E�ill in t'�e Grand Tra�erse n�eighb�rhoad to �arti�ipate in
the pragram. The appli�ant agr�es with the Town staff that this amendme�t is necessary tQ clarify th�
appl�cability af the excharrge program to th�s SQQ.
Shvuld th� prapvsed arnendmenfi be apprnved, the appEie�nts will be req�esdng a trar�sfer�rf the deed
r�striction to a currentiy non-deed-restricted unit �n ac�ordarrce with S��tivn 1.2-13-5, Empf�oyee
Hausr"ng �Jr�it D�ed Resrrictiarr Excharrge Program, Vail 1'own Crd�. The recarded d@ed re5trictic�n c�r�
#he Bail�y property is far a 79� sq. fE. ENl! and as a resuft, the prapersed exchan��d emplayee housing
unit will have to be at leasi 1,592 sq. f�. {if outside the commercial jr�b core�, the size of uvhich is much
rnore suitab�e tc� aceommddat�ng a famFly on a long term basis. Qnce the existing EHIf is exchanged,
the Bailey Residenee remains in compliance with zoning and G�FA standards as ccar�tain�ed in 5Qp #22,
II. Special Qe�elopr�nent @istr�ct No.22, Grand 7rar►erse
The area included witi�in 5DD #22 was
annexed inta the TQwn of Vai! by f,�<'' �
Drdinance 29, Series of 1979 wh�ch �F �� � �A�-1
became effective an August 15, 1979. ti �� _ " ,�r`�`�,,�, . • ,'`.
5D� #�2 was created firom 1a.69 acres of � � . . '' � �° � � � r��
' � �'' ,��i�r. , ,,,.`,r �
land with an underlying zoning of Primaryf � — _ ,,�� • ,t4 ;� �
Se�c�n[�ary zane cl�strFCt by C�rdinance 23, -.'�'�_ � t's = , ;� �`� f�
�sy—� •. � f"'� �•� ` ��j
Series of 1988. It inc�uded the creation c�f �. —,:,- �,•. ,f!��.�!' .;;,�� �,;% , �
the Dauphinais-Mc�seley Subdivi�ion Filing ,'' �,fi . •� � ����!s
,
1, recvrded ir� 1990 cansisting of 24 lats i��"�� j' �, �_ �``
' ,,�`
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and 3.741 acres a �p+�n space. ��� t , �� .
�+ � � ;.; ' ��--��, ,
�''���"; � — . ..r e..i� �
�n C}ctober of 20��1, �rd'inance Z4, 5erieS Tawn of V�il Zcrnin I'v"�a ind�ieatin SDD i�o. 22 Grand Tr��rerse
of 2004, amende�f the GRFA regufatiar�s r�f � � � �
the Town af Wael. Because Saf� #22 fimitec�
GRFA to less than wa5 allawed by the underlying aoning, the Gr�nd 1'raverse neighbcarhoocf was unable
to#ake advantage of th� increase in GRFa of the zQne distr�ct. Also, with the new GRFA regufations,the
Grand Traverse awners cauld rro Ianger request 250 additions c�r infierior conversi�ns. in addi�aan, the
S�Q did n�t allvw the prvperties to use the basem�nt deduction allowances of the new GRFA
regulatians.
� V I ��
AAuuriella Planning Group 1
Due tv these incor�sistencies with the nev�r GRFA regulatians, an January 2, Zi7Q6� The Town C�un�cil
apprt�ved C]rdi�nar�Ce 25, S�ries 4f 2005, which elirnina#ed GRFA in SDD #�2. As a result, bulk and mass
is re�ulated by the other dev�elopment star�dards of 5DD#2� an� GR��is �no longer a fimiting factar.
II�. Pra;�nsed Amendrnments
Section 5 �rf C]rdinanc� 25, Series vf �005, is th� sec�ion which outlines the conditions of appraval of
S❑D #�Z, �nd includes Sectian S,C. w�ich are the conditia�ns s�ecifically related ta the Employee
Housin� Requirements �f the S�D. Seetion S.C. is propc�s�d tv be am�nded as follc�ws {language ta be
adci'ed is indieated in bold-itcrlic and language ta be rern�aved is indicated in �}�:�n ��_.. ..�..r:..:
The develaprraent af S�eeicrl �3evelv�am�nt QisCrict lVa. 2� +�v�i11 have i�npa�ts �n the avr�il�a6le
em�fay�e h�usirrg vvithin the Upper Ecrgle v�rr�y �,-e�. r�, order fo help meet this odcfr"�iarral
empl�yee hausing ne�d the developer af Specia� Deve�o,pment ,Qi�trr'ci� No. 22 sha11 prvvide
e,mpfoyee hvusing e�e. TFre folfowirrg restrrctians shall ap,pxy ta al! employee dwelling �rnits
within SDC?IUv��:
T. The t�eu�eloper sha�� build a mir�imum of six emp�nyee dwelfrng units wr'thira the subdivisrarr.
Eac,h emplvyee dwelfing unit sha�1 frove a rninr'mum sq�rare fov[age �f 4[7n sr�ur�re feet nv� tv
exc��d S(]0 square feet and r`s allowed' Co have a krtch�rr� The s�ruc�re faatage af an emp�oyee
hc�using uni� sh�ll be me�sured fr�m �he inside �a�ce af th� wa11s er�ating the unrt (i.e r�at
r'ncluding furrrng, sheetrc�ck, plaster, and atirer similar walf finr`shes.) 7he nurrrb�r of empl�yee
uni�s sh�ll no� 6e cour�t�ed taward alJt�wabfe densiry+for Specierl DeveFQpment Dist,ric� No 22.
The develop�r mery chavse tQ rran�fer up to �QCI sc�-ft.from the ,primrary unit to tire em,�loyee
unrt. The rlevelvper rn+�y pr-e�vide u,� to 23 empfoye� dwellr'ng ur�r'ts rncl�ding i�he 6 req�rired
dwelling units if so d�sired.
2. The empFvyee dweffirr� unifs m�ry be Iaca�ed on rxny of rhe fots withrn the 5ubdivrs�an
providing all tf�e devefopm�rrt stcrndar�'s are met fQr eac�a Ic��. l�nly on� employee dwellin� I
unit sha�1 be aClvwed per lot with a maxrmum a,��3 urrits allcawed. An emplcryee dwellr"ng shall
be rncvrporoted r+�to the siructure af �he prirrrary residence and shalf not be aJlowed ta be
separated fram tFre �rimc�ry unit, �nch emplc�yee dwellirrg �rnit shall have �t �eas� one
enclosed garage perrkrng space. This park�ng spac� shall not be deiache�I fram the sing�e-
famify g�r�ag� vr struct�re. Each ph�se �f ct�nstructr`or� shal! inc�ude a minimum �f one
emp��ayee dw�llrng unrt ur��il six ernplayee dwellrng ur�it� are cvnstructed and available far
ren tal.
3. The EmplQyee Hou�ing Unit sha116e leased to tenant�s who are fu11-tirne empinyee.� wha wark
in Eag1e Courrty. An EHU shaJ1 na�be Je�ased fr�r a�eriod less th�an tFrrrty�orrs�rutive days. Far
the pur,pnses of thr's seetian, a full-time employ�e rs one who w+�rks an n+�erage of thirty haurs
each week.
4. An ENU may not 6e s�rld, trans;�erred, or cvnv�yed separ�rt�ely from c�ny sir+gle f�rmafy dvvelling
it may 6e a part nf
S. The EHU sha11 no��he drvr'ded into any farm of trmesh�rres, r`rrtervt�t v�rnershi�, vr fractional fee
❑wnership as thn�e terms are de�rrred rn the MurrieipaJ C�de af t�he Tavvrr af U�ril.
I � � ��
Maur�ello Pfanning t3roup �
6. IVo lcrter thcrr� February 1 af each year, the �wrrer vf eac,� empl�yee f�ousing unit yrithrn ihe
tawn whrch rs c�nstructed fr�Jlowing the e�fective da�e of Chis chapter shafl suf�mrt twvo capies
af a repvrt on a farm t'v be �l�tr�ined frc�m the Comrr�urritN Dev�l�rpment Departmen�, to �the
Gammunit`y Develvpmer�t Depar[ment of �the To�vr� of �Iar'I and Chairman vf the 7'awn �af �/ar"1
Ffousrrrg AuthQrity setting,�orth evr'dence estabrishing that the empJoyee hausir�g unit has been
rerrted thraughvcrt th� year, the r�ntal r�te, the employer, crnd tha� e�reh ier�c�n� who resides
wr`�hirr the empfay��housing unrt is a fuf�-time e,mployee in Eagle Caun�y.
7. The owner af eoch EFfU shrr�J rent the unit at r� man�hly rentaF rate eonsistent wrch or �c�wer
thvn �thase market rcrtes prevaJent for srmilar propertres rn the Town af Vai�.
8. TJae Tc�wn vf 1/cril Hvusrrrg Au�`harity wilf determine t�he market rarte based an the study of oi�her
units c�f cam�a�ra6le sire,, IOCpt7�Pi� quality crnd camenities thrac�ghout the 7awn. The market
rate shall be hased arr an average af a mir�irnum of five rentaf races af comperrable unrts. �f
the unit i.� not rented crr�d rs nvt avarJable r�r th� market rate it� shall be determir�e�J �v be rn
nQncomplr'c�nce. In addi�crn i�o a,�y other pgnaltres crnd rest�rietir�ns provid�d herern, a uni�
faund ta be in nc�ncamplran�e s�rc�ll 6e subject fo p�6lication c�s de�ermin�d by the Nvusrng
Au�thorrt�y.
9. The prvvisians v�`these restrictivc��ovenar�ts rrray 6e errf�rced by the Dwner and�he Tvwn.
1a. Th€� canditions, res�ricti+vrrs, strp�rla�rans, a�rd ag,reemer��s evntair�ed herern shafl n�at be
waived, abcrndor�+ed, termrnpt�d, or�rrrrended except 6y the �nrrrtten canse,�t vf f�ath the T�wn
of VarJ ar�d�he C)�+ner caf t�he property
11. Na�twi�hst�rnding the abov� �restrictr`ons, d�ed-res�ric�ed em,pFoy�e housirrr� ur�its within
S�7L°Cft]'�L�L11t'I4fJ1T7@fit C1F,S�!"ICt N[]. 22 sha�'1 be allowed to partieip�ri�e in the Empinyee Nousir�g
fle�d Restrictr'an�xchange Prrr�r�m, as adopted by Ordinance No, T D,Series of 20I1, arrd as
codified in I2-13-5;��ployee Nousing Unif Deed Restrictr'nn Ex�hange Pragram,
IV. Crit�ria for Review
T#�e follawing design crrt�ria shall be used a� the princi�ra� criteria in eWalu�ting the m�rits a� the
prop�sed speri�l developmen# district. It shall be the burclen of the applicant tc� demQnstra�e that
submFit#al material ar�d the praposed devel�pment plan comply with each of t4�e fal9nwing standar�$, oT
demanstrate that cane or more of them is nat applic�ble, or that a practical �olutic�r� consistent with the
p�bli�c interest has heen �chie�ed:
1. Carnpatibility: Desigr� c�m�atibili#y and sensitirrity #o tt�e imrnediate en�ironment,
neighbarhaod and adjacen°t pro�erties re�ad�e t� �arthiteetural desigra, �ca#e, t�ul�C, I�u'rf'ding
�eig�t, buffer z+�r�e�, iden#i#y, character, �risual integrity and orientation.
7he praposed majnr amendmenz to allow part�cipat�on in tt�+� exchange pragram dc��s n��at af�ect
desi�n Gmmpat�bil'ity and sensitivity to the immediate environment, ner�hbarhoad and adjacent
prvperties reladve to arc'�itectur-al design, scale, bulk, buildir�� he�ght, b�ffer zanes, identitY,
character, visuaf integrity and crrienEatic�n, as nvne af these Cvmponents change.
2. Ftelation�h�p: U�e�, acti�ity ar�d der�sity which pravide a compati�l�, efficFent and wt�rkahle
relatinnship rnrith surraunding uses�nc�actiurity.
� V � ��
Mavrielle planneng Graup '�
The exchange of any on-site empiayee housir�g units wil! reduce density �nd will impr�v� the
wvrkable r�latianship with surrounding uses a�rd actiuity. Th� purpc�se of the on-s�te employee
housing unit was to provide m�re employee hausing, but also potentially h�ause sorn�ane wha
wn�rld manage the f�cilit��s an-site. Sin�e rr�any employee hausing units are nt�t �t�lized �y
sorneone working an-site, #he use may �e better suited at a lacation near transportation and jcrb
core�.
3� Parking And Loadi�g: C�tmpli�nce with parking and �oading rec�uiremen#s as outlirred i�n chapter
1t�of this iitle.
The removal of th� employ�e hausing u�its will reduce th� parkin� r�quirements of ciwelling
units. As a r�sult, any owner chaosing to parficipate in the EHU Exc�range Program will remain in
cam�iiance with the paricing requirernents v�Chapter 10,V�il Tawn Cocfe.
4. Cc��ttprehensi�e Pla�n: Cc�nfQrm�ty with applicabl� elemerets af the Vair co�mprehensiVe plan,
tawn palicies and urbar� desigrt plans.
�h� applicarion complies w�th t7bjective F c�f the Town Qf Vail �mpMoyee Fiousing Strategic Plar�,
wFrich calls for "pla�cing emplay�es c�oser to the�r place c�f wark:' Th�e remr�val of the on-site
employee hqusi�g u�its and relocation to som�wh+ere closer to pu�fic transportation and/or the
job core wil� imprave the ern�layee experience and will proWide for a mare usat�le erroployee
ho�sing unit. Further, the Town r�f Vail Employe�e Housing 'Strat€gic Plan cal�s fiar an exchang�
pragram, which was cre�ted as a res�lt af the plan. �'has exchange prc�grarn is �eing propased ta
be utilized in arder to replac�e an underperforming EHU with a performirrg ENU and tc� prowid�
employee housing vf suNicient size to aq�ow for families ta live lon,�term within tfae Tawn.
5. Nat�ral ArtdJ' Or GeoCs�gic H�xard: Identifica#�+�n and mitigation of natural andjor geolog'rc
ha�artls tha#afFect the prape�y ora wi�ic�t the special tte�elopmemt district is prc�pased,
This criteria is nc�t applucable to this �pplicafion. The ENU ir� question is nat I�eated in a h�zard
�rea.
6. Qesign Fea�ures: Site pian, buifding de5ign and tacatio�t and o�en space pre�visions designed ta
produ�e a fun�kiana� develapment responsive and s�nsiti�e ta nat�ral fe�tur�s, vegeta�ir�n and
o�rerall aestheti�quality of t�e cr�rnrn�nity.
The are nr� changes to design or buMk and mass required for the implementat�on of this
arr��ndment an�f therefor-e this criteri� is not�appliea�►I�.
�, Tra#fic: A ti�cu�a�ian system designed €ar hoth vehicles and pedestria�ns addressing on and aff
site traffic circulafia�n.
The exchange af employee hausing units on-s�te will reduce cangestivn on anc! aff-site. This is the
r�su�t of fewer vehicles likely tra�+eling to thi� locat�r�n, fewer units accessed off af shared drive�,
and less petiestrians walking down th� street ta reach public trans�aortatinn.
' �� I ��
hlauriello Planning Groap e'}
8. Landscaping: Funciional and aesthefic landstaping anc� apen space in order to optimize and
preserve natural features, r�creation, ��ews and functio�.
Because the 5tructur�es, site, and Eandscap�ng plans are nvt changing due to this arr�enciment, this
criteria is not ap�lica�le.
9. V1larkable Plan: Ph�asing plan �vr sub�dir►isian pfan #hat will rv�aint�in a warkable, functional and
efficient relationshi�r thraug#�aut th�deve�apr�nent Qf tF�e spee�al de�►elvpment district.
Because the structures wit�r�n th�e SDD are not changing, and the SQp is mostfy bu+lt t�ut, thi�
criteria is not applicable.
� � � ��
Maunello Plonning Greup �
.�
• ORDINANCE NO. 25
Series of 2005
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 9,
SERIES OF 1998, PROVIDING FOR CHANGES TO SPECIAL DEVELOPMENT
DISTRICT NO. 22, GRAND TRAVERSE, THAT CONCERN THE ELIMINATION OF
GROSS RESIDENTIAL FLOOR AREA(GRFA) WITHIN THE DISTRICT AND THE
NUMBER OF LOTS; AND SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, Chapter 9 of the Vail Town Code authorizes Special
Development Districts within the Town; and
WHEREAS, The Town Council approved Ordinance No. 9, Series of 1998
Special Development District No. 22, Grand Traverse; and
WHEREAS, The president of the Grand Traverse H.O.A. has requested to
amend the existing Special Development District No. 22; and
WHEREAS, Section 12-9A-10 of the Vail Town Code provides
procedures for major amendments to existing Special Development Districts; and
• WHEREAS, The applicant has complied with the requirements outlined in
Section 12-9A-10 of the Vail Town Code; and
WHEREAS, The Special Development District provides for creativity and
flexibility to allow for the development of land within the Town of Vail; and
WHEREAS, On September 26, 2005, the Planning and Environmental
Commission held a public hearing on the major amendment proposal and has
recommended that certain changes be made to Special Development District No.
22, Grand Traverse; and
WHEREAS, The Town Council considers that it is reasonable, appropriate,
and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and
re-enact Ordinance No. 9, Series of 1998 to provide for certain changes in Special
Development District No. 22, Grand Traverse.
•
1
6
• NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT: Ordinance No. 9, Series of 1998 is hereby
repealed and re-enacted to read as follows:
Section 1. Amendment Procedures Fulfilled Plannina Commission Renort
The approval procedure prescribed in Title 12, Chapter 9, Section 10(B) of the Vail
Town Code have been fulfilled, and the Vail Town Council has received the report
of the Planning and Environmental Commission recommending approval, of the
proposed development plan for Special Development District No. 22.
Section 2. Snecial Development District No. 22
Special Development District No. 22 (SDD 22) and the development plan
� therefore, are hereby approved for the development of Lots 1 through 19, Block 2,
Lionsridge Subdivision Filing 3 within the Town of Vail consisting of 10.69 acres.
Section 3. Purnose
Special Development District No. 22 is established to ensure comprehensive
development and use of an area that will be harmonious with the general character
of the Town of Vail. The development is regarded as complementary to the Town
by the Town Council and meets each of the design standards and criteria as set
forth in Section 12-9A-8 of the Vail Town Code. There are significant aspects of
I� Special Development District No. 22 that are difficult to satisfy through the
imposition of the standards of the underlying Primary/Secondary Residential Zone
District. Special Development District No. 22 allows for greater flexibility in the
. development of the land than would be possible under the current ioning of the
properry. The smaller single-family lots provide the opportunity for a common
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• open space for the subdivision as well as the means to preserve the southerly
ridge fine of the property. Special Development District No. 22 provides an
appropriate development plan to preserve the visual quality of the site from within
the subdivision as well as adjacent properties in the community in general.
Section 4. Develooment Plan
A. The development plan for SDD 22 is approved and shall constitute the plan for
development within the Special Development District. The development plan is
comprised of those plans submitted by Dauphinais-Moseley Construction and
consists of the following documents:
1. Site development plan, Lionsridge Resubdivision of Lots 1-19, Vail, Colorado,
Intermountain Engineering, dated July 7, 1998.
• 2. Conceptual landscape plan, Intermountain Engineering, dated July 7, 1998.
3. Final Plat of Lionsridge Subdivision Filing No. 5, A Resubdivision of Lots 1-
19, Block 2, Lionsridge Subdivision Filing No. 3, Town of Vail, County of
Eagle, State of Colorado, sheets 1 and 2, Intermountain Engineering Limited,
dated April 19, 1989, Amended Final Plat of Dauphinais-Moseley Subdivision
Filing No. 1, A Resubdivision of Lots 5, 6, 7, 8, 9 710, Town of Vail, County
of Eagle, State of Colorado, Intermountain Engineering, dated July 21, 1998,
and Amended Final Plat: A Resubdivision of Lot 5, Amended Final Plat:
Dauphinais-Moseley Subdivision Filing 1: A Resubdivision of Lots 5, 6, 7, 8,
9, and 10, Town of Vail, County of Eagle, State of Colorado, Intermountain
Engineering, dated February 3, 2006.
4. Construction, grading and drainage drawings for a resubdivision of Lots 1-
19, Block 2, and Lionsridge Lane, Lionsridge Subdivision Filing No. 3, Town
of Vail, Eagle County, Colorado, Intermountain Engineering Limited, sheets
1-8, dated March 9, 1989.
5. Soils and Foundation Investigation for Lots 1-24, Lionsridge 5th Filing.
6. Lionsridge Color Palette, Arnold/Gwathmey/Pratt Architects, March 1990.
• 7. The subdivision plat for Dauphinais-Moseley Subdivision recorded August
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• 23, 1990, July 21, 1998, and February 3, 2006.
B. The development standards shali be as follows:
1. Acreage: The total acreage of this site is 10.69 acres
or 465,650 square feet.
2. Permitted Uses: The permitted uses for SDD 22 shall
be:
a. Single family residential dwellings
b. Open space
c. Public roads
d. Employee dwelling units as defined in Section 5, paragraph G of this
ordinance.
3. Conditional Uses:
• a. Public utility and public service uses
b. Public buildings, grounds and facilities •
c. Public or private schools
d. Public park and recreation facilities
4. Accessory Uses:
a. Private greenhouses, toolsheds, playhouses,
garages or carports, swimming pools, patios, or recreation facilities
customarily incidental to single-family uses.
, b. Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of Section 12-14-12 of the Vail Town
Code.
c. Other uses customarily incidental and accessory to permitted or
• conditional uses, and necessary for the operation thereof.
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• 5. Setbacks: Minimum setbacks shall be as indicated on the approved site
developmer�t plan by Intermountain Engineering, dated July 7, 1998. A 4-foot
roof overhang shall be allowed in the front setback for Lots 15-19, provided
the rear setback is increased by 4 feet. A 4-foot roof overhang shall be
allowed in the rear setback of Lots 20-24, provided the front setback is
increased by 4 feet. Roof overhangs shall be allowed to encroach up to 2'
feet into the required side setback of 10 feet for each lot. An unenclosed,
unroofed, deck or patio within 5 feet of finished grade may encroach into the
rear setback by 5 feet for Lots 1-14 and Lots 20-24. No other setback
encroachments shall be allowed.
6. Densi : Approval of this development plan shall permit a total of 23 single-
family dwelling units on the entire property. A minimum of 6 employee
• dwelling units shall be required. A maximum of 23 employee dwelling units
shall be permitted on the entire property.
7. Buildinq,Heipht: For a sloping roof, the height of the building shall not exceed
33 feet. The height calculation shall be made by measuring from the existing
grade as indicated on the Intermountain Engineering Topographical Survey
dated March 13, 1990 or finished grade. Height shall be calculated per
Section 12-2-2 of the Vail Town Code.
8. Site Coveraae: Not more than 25 percent of the total site area on each lot
shall be covered by buildings. "Site coverage" shall mean the ratio of the
total building area on a site to the total area of a site, expressed as a
percentage. For the purpose of calculating site coverage, "building area"
shall mean the total horizontal area of any building as measured from the
• exterior face of perimeter building walls or supporting columns above grade
or at ground level, whichever is the greater area. Building area shall include
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. ' all buildings, carports, porte cocheres, arcades, and covered or roofed
wa4kways. In addition to the above, building area shall also include any
portion of roof overhang, eave, or covered stair, covered deck, covered
porch, covered terrace or covered patio that extends more than four feet from
the exterior face of perimeter building walls or supporting columns.
9. Parkina: Parking shall be as required in Title 12, Chapter 10 of the Vail Town
I Code. Each employee dwelling unit shall be required to have at least one
enclosed garage parking space.
10. Desiqn Guidelines: The development of each lot shall be guided by the
architectural and landscape design guidelines as approved as part of the
Special Development District No. 22. The guidelines are as follows:
a. Architectural. The architectural design of the buildings upon the site shall
• be such that buildings relate harmoniously to each other. This is not to
imply that each building must look exactly similar to those around it, but
that compatibility be achieved through the use of scale, materials and
colors, and building shape and form. The overriding concern is that, upon
completion, the Special Development District, because of the clustered
nature of the small single family lots situated around common open
space, should appear to be an integrated development possessing a
common architectural quality, character, and appearance. To this end the
following general design criteria shall be followed by the developer and
individual lot owners:
b. A palette of colors shall be as set forth in the Lionsridge Color Palette
from Arnold/Gwathmey/Pratt dated March 1990. Colors are indicated for
• the use on different types of building materials and elements such as
stucco colors, siding colors, metal flashing, windows, accent colors, etc.
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• The palette of colors indicate a ranqe of acceptable colors in order to
encourage similarity on one hand, but also diversity within the acceptable
ranae.
c. The following building standards and materials shall be adhered to:
(1) Roof. The roof pitch shall be a minimum 8/12 and a maximum of 12/12.
A gable, clipped gable or hipped roof shall be mandatory. Dormers shall
be allowed and reviewed by the Design Review Board. The roofing
material shall be cedar shake shingles with staggered butts.
(2) Chimnevs. The chimneys shall be stucco with chimney caps of
weathered copper.
(3) Ftues. All flues shall be galvanized or painted sheet metal, painted to
match the roof.
� • (4) Main Fascia. The main fascia shall be a solid color stain, with brown,
� taupe, or gray.
(5) �econdarv Fascia and Metal Railinas above the First Floor. The
secondary fascia and metal railings above the first floor shall be a muted
accent trim color to be reviewed by the DRB.
(6) Walls. Walls shall be of stucco and horizontal or vertical wood siding.
Stucco colors shall be gray, beige or off-white. Wood siding colors shall
be gray, brown or taupe.
(7) Stone. Residences will have a minimum of a two foot high stone
wainscot in rainbow mix with a sandstone cap around the perimeter of the
structure except under decks where substantially concealed by
landscaping.
• (8) Windows. Windows located within stucco areas shall have a minimum of
finro inches of relief from the outside wall plane and have a sandstone sill.
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• (9) Outdoor Lightina, Outdoor lighting shall be indirect with a concealed
source except for an entry chandelier, two carriage lights and one pilaster
light which may be exposed globes with a fixture of black or weathered
copper look metal. The maximum number of outdoor lights permitted on
each lot shall be 15 regardless of lot size. Outdoor lights which conform
with Ordinance #22, Series of 1997, shall be exempt. All exterior lighting
shall be reviewed by the DRB.
. (10) Garages. No garage doors shall directly face the street, except on Lot 24
and Lot 14.
(11) A residential address/nameplate if desired by the owner shall be located
on the side of the garage facing the access point to the lot.
(12) When the individual landscape plans are designed for individual lots,
• special care shall be taken in the design of side yard landscaping in order
to provide adequate screening between structures.
11. Recreational Amenities Tax: The recreation amenities tax shal!be assessed at
the rate for a single-family residential zone district.
� Section 5. Conditions of Anqroval
A. The major amendment to Special Development District No. 22, Grand
Traverse, shall not be effective until the major subdivision is recorded by
the Town of Vail at the Eagle County Clerk and Recorder's Office.
B. The major subdivision shall be recorded at the Eagle County Clerk and
Recorder's Office prior to a building permit being released for any
construction on Lots 2, 5, 7, 9 or 10.
• C. The devefopment of Special Development District No. 22 will have
impacts on the available employee housing within the Upper Eagle Valley
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• Area. In order to help meet this additional employee housing need, the
developer of Special Development District No. 22 shall provide employee
housing on site. The fo{lowing restrictions shall apply to all employee �
dwelling units within SDD No. 22:
1. The developer shall build a minimum of six employee dwelling
units within the subdivision. Each employee dwelling unit shall
have a minimum square footage of 400 square feet not to exceed
800 square feet and is allowed to have a kitchen. The square
footage of an employee housing unit shall be measured from the
inside face of the walls creating the unit (i.e., not including furring,
Sheetrock, plaster, and other similar wall finishes). The number of
employee units shall not be counted toward allowable density for
Special Development District No. 22. The developer may choose
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to transfer up to 300 sq. ft. from the primary unit to the employee
unit. The developer may provide up to 23 employee dwelling units
including the 6 required dwelling units if so desired.
2. The employee dwelling units may be located on any of the lots
within the subdivision providing all the development standards are
met for each lot. Only one employee dwelling unit shall be
allowed per lot with a maximum of 23 units allowed. An employee
dwelling shall be incorporated into the structure of the primary
residence and shall not be allowed to be separated from the
primary unit. Each employee dwelling unit shall have at least one
enclosed garage parking space. This parking space shall not be
• detached from the single-family garage or structure. Each phase
of construction shall include a minimum of one employee dwelling
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• unii until six employee dwelling units are constructer�and
avaiiable f�1"rental. �
3. The Employee Housing Unit shall be leased to ter�an#s wt�o are
' fuii-time employees who wurk in Eagle County. An EHU shail nc�t
be leased for a perio� I�ss than thirty�onse�utiv�days. For the
purposes of this section, a full-time employee is one who works an
average of thirty hours each week.
4. An EHU may not be sold, transferred, or conveyed separately
from any single-family dwelling it may be a part of.
5. The EHU shall not be divided into any form of timeshares, interval
ownership, or fractional fee ownership as those terms are defined
in the Municipal Code of the Town of Vail.
• 6. No later than February 1 of each year, the owner of each
employee housing unit within the town which is constructed
following the effective date of this chapter shall submit two copies
of a report on a form to be obtained from the Community
Development Department, to the Community Development
Department of the Town of Vail and Chairman of the Town of Vail
Housing Authority setting forth evidence establishing that the
employee housing unit has been rented throughout the year, the
rental rate, the employer, and that each tenant who resides within
� the employee housing unit is a full-time employee in Eagle
i Counry.
7. The owner of each EHU shall rent the unit at a monthly rental rate
consistent with or lower than those market rates prevalent for
•
similar properties in the Town of Vaif.
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• 8. The Town of Vail Housing Authority will determine the market rate
based on the study of other units of comparable size, location,
quality and amenities throughout the Town. The market rate shall
be based on an average of a minimum of five rental rates of
comparable units. If the unit is not rented and is not available at II
the market rate it shall be determmed to be m noncomphance. In j
addition to any other penalties and restrictions provided herein, a �i
unit found to be in noncompliance shall be subject to publication
as determined by the Housing Authority.
9. The provisions of these restrictive covenants may be enforced by
the Owner and the Town.
10. The conditions, restrictions, stipulations, and agreements
• contained herein shall not be waived, abandoned,terminated, or
amended except by the written consent of both the Town of Vail
and the Owner of the property.
D. The architectural and landscape design guidelines shall be incorporated
into the subdivision covenants before the final plat is recorded at the
Eagle County Clerk and Recorder's Office. The Town Of Vail shall be
party to these agreements.
Section 6. Amendments
Amendments to Special Development District No. 22 shall follow the procedures
contained in Section 18.40.100 of the Vail Municipal Code.
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• Section 7. Exniration
The applicant must begin construction of the Special Development District within 3 years
II
from the time of its final approval, and continue diligently toward completion of the
� project. If the applicant does not begin and diligently work toward the completion of the
Special Development District or any stage of the Special Development District within the
time limits imposed by the preceding subsection,the Planning and Environmental
Commission shall review the Special Development District. They shall recommend to
the Town Council that either the approval of the Special Development District be
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e�ended, that the approval of the Special Development District be revoked, or that the
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Special Development District be amended.
Section 8.
• If any part, section, subsection, sentence, clause or phrase of. this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this ordinance; and the Town Council hereby declares it would have passed
this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one ar more parts, sections, subsections, sentences,
clauses or phrases by declared invalid.
Section 9.
The Town Council hereby finds, determines and declares that this Ordinance is
necessary and proper for the health, safety and welfare of the Town of Vail and
inhabitants thereof.
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• Section 10.
The repeal or the repeal and reenactment of any provisions of Vail Municipal Code as
provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal of any provision hereby shall
not revive any provision or any ordinance previously repealed or superseded unless
h rein.
ex ressl stated e
r y
Section 11.
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith
are hereby repealed to the extent only of such inconsistency. This repealer shall not be
• construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6t" day of December, 2005 and a
public hearing for second reading of this Ordinance set for the 3'� day of January, 2006,
at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
/�l �� _
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Rodney E. lifer, Mayor �0�
ATT .
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� ���� � -�'� = s��
orel i Donaldson, Town Clerk �,�
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INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AN
ORDERED PUBLISHED IN FULL this 3rd day of January, 20 .
;�; �,
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Rodney E. lifer, Mayor
A ,: ^ �o�NN���,�
• ��� -�_ ` _ =r
relei onaldson, own c�erk � $ �'Aj�
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