HomeMy WebLinkAboutPEC130005 Plan Approved Elk Meadows Memorandum and Attachments 0325130) TOWN OF VAIL ¢
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: March 25, 2013
SUBJECT: A request for review of a major amendment to Special Development District No.
16, Elk Meadows, pursuant to Section 12- 9A -10, Amendment Procedures, Vail
Town Code, to allow for changes to building sites, changes to architectural
guidelines, an increase in GRFA, and revisions to the on -site EHU requirement,
located at 1624, 1626, 1628, 1630, and 1632 Buffehr Creek Road/ Lots 1 -5, Elk
Meadows Subdivision, and setting forth details in regard thereto. (PEC130005)
Applicant: Elk Meadows Development, LLC, represented by Sharon Cohn
Planner: Warren Campbell
I. SUMMARY
The purpose of this public hearing is to allow the applicant, Elk Meadows Development,
LLC, represented by Sharon Cohn, to introduce four proposed amendments to the
adopted Elk Meadows Special Development District (SDD) No. 16 (Attachment A). The
four proposed amendments are:
• The relocation and reconfiguration of Lots 1, 2, and 3;
• Revisions to the architectural guidelines;
• Revisions to the on -site employee housing requirement; and
• An increase in the allowable gross residential floor area (GRFA).
The applicant has provided a written description of the request, dated March 20, 2013,
which has been provided for review (Attachment B). Based upon Staff's review of the
criteria outlined in Section VI 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
conditions, of the major amendment to SDD No. 16, as proposed, subject to the
findings noted in Section VII of this memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant, Elk Meadows Development, LLC, represented by Sharon Cohn, is
requesting approval of four proposed amendments to the Elk Meadows Special
Development District (SDD) No. 16. The four proposed amendments are:
1. RELOCATION AND RECONFIGURATION OF BUILDING ENVELOPES
The applicant is proposing to relocate and reconfigure Lots 1, 2, and 3, of the Elk
Meadows SDD. Presently, a single family residence is constructed in Lot 4. All other
lots are vacant. A copy of the recorded subdivision for Elk Meadows is attached for
reference (Attachment C).
The applicant's proposal is to relocate Lot 1 to the south side of the private drive
allowing for additional space to move Lots 2 and 3 east along the north side of the
private driveway. The relocated lots would be reconfigured to pull the future
development of the Lots 2 and 3 away from the steep slopes adjacent to Buffehr Creek
Road and increase the distances between the structures on Lots 2, 3, and 4. The
relocated and reconfigured lots maintain their current lot areas as designated on the
recorded plat. A copy of the proposed relocated and reconfigured building envelopes is
attached for reference (Attachment D).
2. REVISIONS TO THE ARCHITECTURAL GUIDELINES
The applicant is proposing to eliminate the adopted architectural guidelines and utilize
the design standards and guidelines found in Title 14, Development Standards, Vail
Town Code. The design standards and guidelines in Title 14 permit a greater diversity
in the architectural character of the development. The current architectural guidelines
require the construction of log cabin style structures, which is best exhibited by the
structure on the Lot 4.
The language below is proposed to be stricken from the SDD.
Ordinance No. 17. Series of 1990
2. Roof maternal shall be Cedar shakes
3. Siding maternal shall be either log or stucco with log perlins, log railings, o
other .. members, natural rock, or a combination of the above, and shall be
applied O.
applied light colored stain shall be
i Either stucco or siding shall be applied exposed
windows, if stucco is utilized it shall be light On color.
5. All windows shall be white metal clad or wood
light" style.
6. All roofs shall _ overhangs protect
openings wall
Town of Vail Page 2
3. REVISIONS TO THE EMPLOYEE HOUSING REQUIREMENTS
The applicant is proposing a revision to the SDD requirement for the provision of a
single on -site employee housing unit (EHU). As the first structure in the SDD has
already been constructed, the EHU is currently required to be built in conjunction with
the next structure. The SDD ordinance states that
"the EHU shall be a minimum of 400 square feet and no more than 500 square
feet of GRFA."
The applicant's proposal is to permit the required on -site EHU to be provided off -site
within the Town of Vail. The applicant is proposing to deed restrict an approximately
700 square foot dwelling unit currently located at Unit 7 -A within the Pitkin Creek
Condominium Association.
4. GRFA AMENDMENT
The applicant is proposing to increase the allowable GRFA in the SDD by 10 %. The
applicant's justification for the increase is to capture changes made to the methodology
for calculating GRFA in 2004. In 2004 the method for measuring GRFA was amended
to include the thickness of exterior walls in a structure. The regulations determining
allowable GRFA were adjust up by 10% to capture the amount of wall area within a
structure.
The result of the applicant's proposal is an increase in the allowable GRFA on each
building envelope from 3,200 square feet to 3,520 square feet maximum In keeping
with the original intent of the adopted SDD, any unused GRFA from a lot cannot be
transferred to another lot within the SDD.
III. BACKGROUND
On July 26, 1973 Eagle County Commissioners approve The Valley preliminary plan
and PUD for 150 units of 61.2 acres.
On May 24, 1978 Eagle County Commissioners grant an extension of The Valley PUD
as 120 of the approved units had not been constructed in the three year time frame
associated with the PUD approval.
On March 26, 1980 a PUD plan and protective covenants document is filed with Eagle
County indicating that Phase III was subject to a land use restriction of 10 units and
16,000 square feet.
On March 27, 1980 Resolution 80 -20 allowed the phases of The Valley to be sold
separately without further compliance with the subdivision regulations.
Town of Vail Page 3
April 16, 1980 the Eagle County Planning Commission recommended approval of the
sketch plan for Elk Meadows. The Commission suggested that the units be tucked into
the hillside on the northeast side of the project and that the developer use berming and
landscaping to buffer the project.
April 16, 1980 Town of Vail staff sent a letter to the Eagle County Planning Commission
which recommended a tighter clustered layout of the buildings toward the hillside. Vail
staff recognized the steep hillside and sensitivity of the meadow area.
In December of 1980 the Town of Vail annexed the West Vail area including Phase III of
The Valley through Ordinance No. 43, Series of 1980. It was subsequently zoned by
Ordinance No. 13, Series of 1981.
On September 11, 1985 The Valley was de- annexed from the Town of Vail.
On May 11, 1987 The Valley was re- annexed into the Town of Vail.
On July 7, 1987 the Vail Town Council adopted Ordinance No. 19, Series of 1987
establishing SDD No. 16, Elk Meadows. The approved development plan was for nine
(9) dwelling units which were comprised of five (5) single family and two (2) duplex
units. The maximum allowable GRFA was 16,000 square feet on the seven building
envelopes.
On September 15, 1987 the Vail Town Council adopted Ordinance No. 32, Series of
1987 which repealed and reenacted the SDD with a reduction in the number of
permitted dwelling units. The ordinance identified a maximum of the seven (7) single
family dwelling units were permitted on the seven platted building envelopes. The
maximum allowable GRFA for the SDD remained at 16,000 square feet divided equally
over the seven units.
On May 15, 1990 the Vail Town Council adopted Ordinance No. 17, Series of 1990
which repealed and reenacted the SDD with a reduction in the number of permitted
dwelling units from seven (7) to five (5). The maximum allowable GRFA remained at
16,000 square feet divided evenly over the five units. Additionally, the ordinance
codified revised architectural guidelines designed to result in all structures having a log
cabin appearance and an EHU requirement of a single dwelling unit. A copy of
Ordinance No. 17, Series of 1990 is attached for reference (Attachment E)
On February 25, 2013, the Planning and Environmental Commission held a work
session to discuss the applicant's proposal. At this hearing there was differing
suggestions provided on the relocation of Lot 1 and how to best preserve the open
space meadow. The Commissioners generally support the elimination of the
architectural guidelines, the EHU requirement to be permitted off -site, and the 10%
increase in allowable GRFA.
Town of Vail Page 4
ILTA
IV
SITE ANALYSIS
Address:
Legal Description:
Zoning:
Land Use Plan Designation
Current Land Use:
Lot Size:
Geological Hazards:
1624, 1626, 1628, 1630, & 1632 Buffehr Creek Road
Lots 1 -5, Elk Meadows Subdivision
Residential Cluster /SDD No. 16
Medium Density Residential
Single- family residential
157,648 sq.ft. (3.619 acres)
High severity rockfall
Standard Allowed /Required Proposed
Density 3,200 sf per lot 3,520 sf per lot ( +320)
Dwelling units (DU) 1 DU & 1 EHU per lot 1 DU & 1 EHU per lot
(1 EHU required on -site) (1 EHU required off -site)
Setbacks All improvements are to No change
be within the platted
building envelope
Site Coverage Each lots building No change
defined area
Height 33 feet for sloping roof No change
30 feet for flat /mansard
Landscaping All areas outside of the No change
platted lots and undeveloped
portions of the platted lots
Parking 3 per DU's & 1 per EHU No Change
SURROUNDING LAND USES AND ZONING
North:
Residential
South:
Residential
East:
Residential
West:
Residential
VI. CRITERIA FOR REVIEW
Zoning
Residential Cluster
Residential Cluster
Residential Cluster
Residential Cluster
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
Town of Vail
Page 5
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.
Staff has reviewed the documents on file with the Town in order to understand the SDD
as it was initially adopted and amended over the years. With regard to the request to
relocate and reconfigure the lots, staff was looking for any discussion regarding the
intent and logic associated with the current location of the lots. A letter written by Town
of Vail staff, dated April 16, 1980, to the Eagle County Planning Commission was found
which recommended a clustered layout of the buildings on the north hillside. The letter
recognized the steep hillside and the sensitivity of the meadow area. Staff believes it is
clear that there was a goal to protect the open meadow paralleling Buffehr Creek Road
throughout The Valley PUD from being developed. A copy of the letter has been
attached for review (Attachment F).
Elk Meadows was initially Phase III of The Valley PUD adopted by Eagle County, prior
to annexation into the town. As a part of Phase III there were to be 10 dwelling units
consisting of not more than 16,000 square feet of GRFA. A site plan from 1986
showing the location of the 10 lots has been attached for review (Attachment G). The
plan shows nine (9) of the 10 units located on the south side of the private drive in the
open meadow.
Staff believes there may be benefits to the relocation of Lot 1 to the south side of the
private drive. The relocation of Lot 1 allows for Lots 2 and 3 to be shifted eastward
providing for a greater separation between each lot. The reconfiguration of Lots 2 and 3
also allows for the future development to be pulled away from the property line, away
from the edge of Buffehr Creek Road and its right -of -way, and further out of the steeper
slopes adjacent to the road. Additionally, the proposed reconfiguration maintains the
originally intended footprints (site coverage) by maintaining the current platted areas,
thus resulting in no change to the open space area within SDD No. 16.
Staff believes that it would be more in keeping with the intent of the SDD to move the
proposed relocated Lot 1 15 feet to the west to be in closer proximity to the fire truck
turn - around. Lot 1 is currently located 33 feet east from the paved fire truck turn-
around. Staff believes this distance should be reduced to 15 feet to further decrease
disturbance to the site. This minor change in the proposed location of Lot 1 results in a
consolidation of disturbance on the site and a continuance of the protection of the
meadow.
Should a relocation and reconfiguration of the lots within Elk Meadows be approved, the
applicant will need to file an amended subdivision plat application for review and
Town of Vail Page 6
approval prior to submitting an application for a building permit. The amended plat shall
be recorded with the Eagle County Clerk and Recorder's office prior to applying for a
building permit.
The property records on file with the town contain documents stating that the applicant
for SDD No. 16 proposed the architectural guidelines. Previously there were 10 dwelling
units approved for the site and architectural continuity would have been important for
that density on this site. Design continuity may be less important in a development
containing five (5) development lots. With the exception of the multi - family
development, The Valley, there is a diversity of architectural styles consistent with the
Town's adopted design guidelines. The applicant's proposal to eliminate the
architectural guidelines in the SDD results in the architectural guidelines and standards
found in Title 14, Development Standards, Vail Town Code, governing the designs.
The SDD as currently adopted permits a maximum of 3,200 square feet of GRFA on
each of the five building envelopes. In 2004, in conjunction with the amendments
adopted regarding GRFA, the methodology for measuring GRFA was altered to include
the thickness of exterior walls of a structure in the calculation. To account for this
change in the methodology for measuring GRFA the town increased the allowable
GRFA by 10 %.
The applicant is proposing to increase the allowable GRFA within the SDD by 10 %.
This results in an increase in the allowable GRFA from 3,200 square feet to 3,520
square feet per lot (in total 16,000 to 17,600 square feet). Without an increase in
GRFA, the properties are effectively reduced by 10% in allowable size to 2,880 square
feet (in total 14,400 square feet). Similar requests for consistency in GRFA allowances
have been approved on plat restricted GRFA properties throughout town. A similar
request was approved for the Eleni Zniemer subdivision to the northwest of Elk
Meadows, also on Buffehr Creek Road.
Provided that Lot 1 Is relocated as recommended, staff believes the proposed requests
to relocate and reconfigure Lots 1, 2, and 3, eliminate the architectural guidelines, and
increase GRFA by 10% will have no negative effect on the elements identified in this
criterion. The proposed changes will have no negative impact on the neighborhood or
the character of the area. The relocation of Lots, 1, 2, and 3 allow for the structures to
achieve separations between units which is more indicative of the single - family /duplex
development on the Eleni and Lia Zniemer Subdivisions. Additionally, the change to
allow for the architecture to be more diverse in compliance with Title 14, Development
Standards, Vail Town Code, results in development which is more consistent with the
single - family /duplex structures on Buffehr Creek Road. The proposed increase to the
allowable GRFA will result in no change to the bulk and mass anticipated in the initial
adoption of SDD No. 16, Elk Meadows.
2. Relationship: Uses, activity and density which provide a compatible, efficient
and workable relationship with surrounding uses and activity.
Town of Vail Page 7
Since annexation into the Town and the adoption of the SDD, the residential density
within Phase III of the Valley (Elk Meadows) has been reduced from a total of 10
dwelling units to 5 dwelling units. The applicant's proposal maintains the total allowable
density for SDD No. 16 at five (5) dwelling units and five (5) optional EHUs. Each of the
structures to be built on the four vacant lots will be single - family dwelling units with a
potential EHU. This is in keeping the residential nature of the Buffehr Creek
neighborhood. Staff does not believe there is any negative effect on the surrounding
uses and activities created by the proposed amendments.
3. Parking And Loading: Compliance with parking and loading requirements as
outlined in chapter 10 of this title.
The proposed change to the allowable GRFA from 3,200 square feet results in each of
the five (5) lots being able to construct a maximum of 3,520 square feet of GRFA.
Pursuant to Section 12- 10 -10, Parking Requirement Schedules, Vail Town Code, a
dwelling of this size is required three (3) parking spaces. If the optional EHU were to be
constructed on a lot the SDD requires one of the required parking spaces to be within a
garage. All units constructed within the SDD will be required to comply with the parking
standards. The SDD will be in compliance with this criterion.
4. Comprehensive Plan: Conformity with applicable elements of the Vail
comprehensive plan, town policies and urban design plans.
Staff has reviewed the various documents comprising Vail's Comprehensive Plan and
found the Vail Land Use Plan to applicable. The Vail Land Use Plan designates Elk
Meadows as "Medium Density Residential ". The Plan describes Medium Density
Residential as follows:
The medium density residential category includes housing which would typically
be designed as attached units with common walls. Densities in this category
would range from 3 to 14 dwelling units per buildable acre. Additional types of
uses in this category would include private recreation facilities, private parking
facilities and institutional/ public uses such as parks and open space, churches
and fire stations.
Staff believes the following goals of the Vail Land Use Plan are applicable to the
proposal to amend SDD No. 16, Elk Meadows.
5. Residential
5.1 Additional residential growth should continue to occur primarily in existing,
platted areas and as appropriate in new areas where high hazards do not
exist.
5.2 Affordable employee housing should be made available through private
efforts, assisted by limited incentives, provided by the Town of Vail, with
appropriate restrictions.
Town of Vail Page 8
5.4 Residential growth should keep pace with the market place demands for a
full range of housing types.
5.5 The existing employee housing base should be preserved and upgraded.
Additional employee housing needs should be accommodated at varied
sites throughout the community.
The Elk Meadows SDD at its currently allowable density of five (5) dwelling units would
equate to 0.72 units per acre. This is well below the density identified by the Vail Land
Use Plan. Additionally, the Elk Meadows development is allowing for additional growth
in an area which is already platted.
SDD No. 16, Elk Meadows, includes a requirement for a 400 -500 square foot onsite
EHU. This requirement was intended to house one employee. The applicant is
proposing to allow the EHU to be located off -site.
It has been determined that Section 12 -13 -5, Employee Housing Unit Deed Restriction
Exchange Program, Vail Town Code, is not applicable to this request as the EHU is not
currently constructed. Additionally, this Code provision is not applicable as the
exchange of an on -site EHU results in the dwelling unit capturing and utilizing the
previous EHU square footage.
The applicant is proposing to deed restrict an approximately 700 square foot dwelling
unit off -site to satisfy the EHU mitigation requirement of SDD No. 16, Elk Meadows.
The proposed unit is 7 -A of the Pitkin Creek Condominiums. Pursuant to Section 12-
23-3, Size and Building Requirements, Vail Town Code, a unit of approximately 700
square feet would house 1.75 employees. The proposed unit is a two bedroom unit and
could accommodate two employees.
Staff believes there is merit to allowing the EHU mitigation to be provided off -site. The
proposal to deed restrict a unit in the Pitkin Creek Condominiums will result in a more
appropriate location for the required EHU. An EHU located at Pitkin Creek
Condominiums will be in close proximity to public transit, grocery store and other
commercial opportunities. Staff believes that the provision of the SDD requiring the
mitigation of the EHU requirement in conjunction with the next structure should be
altered to be in conjunction with the recording of the amended final plat. This allows for
the obligation to be addressed prior to the submittal of a building permit and will allow
the SDD to move forward at a pace determined by the lot owners.
Staff believes that the proposed amendments are in keeping with Vail Land Use Plan
and the EHU mitigation policy of the Town of Vail. The proposal will remain in concert
with the identified medium density residential land use designation. Furthermore, the
relocation of the EHU off -site to a location provided public transportation and
commercial access and the ability to house two (2) employees is in keeping with the
Town's affordable housing policies.
Town of Vail Page 9
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.
Elk Meadows is located within a High Severity Rockfall Hazard. The extent of the
identified hazard is along the north portion of the site. All the lots are within the extents
of the hazard. A site specific hazard report was prepared for the development in
conjunction with the previous reviews and approvals. Pursuant to the covenants for the
development and the Vail Town Code the recommendations of the site specific hazard
report are to be implemented into the design and construction of each structure. The
structure on Lot 4 has implemented the mitigation recommended.
Staff believes that the Elk Meadows covenants and Vail Town Code will ensure that the
mitigation of the geologic hazard will occur within the development and thus have no
negative effect on this criterion.
6. Design Features: Site plan, building design and location and open space
provisions designed to produce a functional development responsive and
sensitive to natural features, vegetation and overall aesthetic quality of the
community.
The proposal to relocate and reconfigure Lots 1, 2, and 3 will not decrease the area
devoted to open space. The relocated and reconfigured lots will maintain the currently
platted areas. The proposal to change the driveway design from a cul -de -sac to a 90
degree turn - around will significantly reduce the site disturbance within the development.
The change from a cul -de -sac to a 90 degree turn - around results in approximately
6,500 square feet less disturbance.
The Elk Meadows SDD included provisions for the protection of the open space through
the incorporation of language defining where built improvements can be located. The
SDD identifies that the structure, including roof eaves, decks, walls, etc. shall not
encroach beyond the building envelope.
Staff believes the proposed changes will continue to protect the goal of protecting the
meadow from disturbance. While there is a change in the configuration and location of
the Lots 1, 2, and 3 there will be no less area designated and protected as open space
and left undeveloped. Staff believes the design features of the Elk Meadows SDD
comply with this criterion.
7. Traffic: A circulation system designed for both vehicles and pedestrians
addressing on and off site traffic circulation.
A design for the curb cut off of Buffehr Creek Road and the driveway was adopted with
the original Elk Meadows SDD. The curb -cut access to four (4) of the lots in Elk
Meadows is already n place. Approximately 260 feet of the driveway has been
constructed at 20 feet in width. The proposal is to continue the driveway pavement at
20 feet in width with 3 feet of packed gravel on each side for a total width of 26 feet..
Town of Vail Page 10
Pursuant to Section 14 -3 -1, Residential and Commercial Access, Driveway and Parking
Standards, Vail Town Code, access to a development with four (4) or more dwelling
units is required to be 20 feet wide. Access for three (3) or less units required to be 12
feet. Staff believes there are negative impacts associated with the proposal to continue
a 20 -foot paved driveway past Lot 4. Staff believes it is appropriate to narrow the
driveway past Lot 4 to 16 feet in paved width with 2 feet of packed gravel on each side
for a total width of 20 feet.
This change results in less overall site disturbance, better aesthetics within the meadow
and development, and improved environmental benefits. The Vail Fire Department
does require fire staging areas. Staff will work with the Fire Department to continue to
reduce the paved driveway surface yet still address staging needs.
The four (4) lots utilizing the shared driveway will have will have a paved parking /access
area in front of each lot. The depth of these parking /garage access areas is
approximately 24 feet. This depth allows for vehicles to have 2.5 feet of space between
the car and the garage door and the car and the shared driveway. This will prevent a
car parked in front of a garage from impeding traffic flow on the driveway. Vehicular
traffic on the driveway will be minimal and it is anticipated that pedestrians will utilize the
driveway for circulation.
8. Landscaping: Functional and aesthetic landscaping and open space in order
to optimize and preserve natural features, recreation, views and function.
Elk Meadows SDD has an adopted landscaping preliminary plan. This plan shows the
existing trees to remain, landscaping to be added adjacent to the intersection of the
driveway with Buffehr Creek Road, and adjacent to each home. The intent of the
landscaping preliminary plan is to leave the meadow in its natural state with native
plants and grasses. The plan has been revised to depict the relocation of Lot 1 and is
attached for reference (Attachment H).
Staff believes that the landscaping preliminary plan serves to protect the open space
meadow from disturbance and the addition of landscaping. The proposed plan results
in large areas of the meadow being protected. Staff believes the proposal will have no
negative effect on this criterion.
9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of the special
development district.
Within the Elk Meadows SDD phasing was designed to occur as each individual lot
owner was ready to construct. The construction of the dwelling unit on Lot 4 was only
required to build that portion of driveway which provided access to the home. The
construction of the next structure will be completing the construction of the driveway
Town of Vail Page 11
VII. RECOMMENDATION
Based upon the review of the criteria described in Section VI of this memorandum and
the evidence and testimony presented, Staff recommends the Planning and
Environmental Commission forward a recommendation of approval, with conditions,
to the Vail Town Council for the applicant's request.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, with conditions, for this major amendment to a special
development district, the Department of Community Development recommends the
Commission pass the following motion:
'Based upon the review of the criteria described in Section Vl of the Staff
memorandum to the Planning and Environmental Commission dated March 25,
2013, and evidence and testimony presented at this hearing, the Planning and
Environmental Commission forwards a recommendation of approval, with
conditions, to the Vail Town Council for the applicant's request for a major
amendment to a Special Development District, pursuant to Section 12- 9A -10,
Amendment Procedures, Vail Town Code, to amend Special Development
District No. 16, Elk Meadows, to allow for changes to building sites, changes to
architectural guidelines, an increase in GRFA, and revisions to the on -site EHU
requirement, located at 1624, 1626, 1628, 1630, and 1632 Buffehr Creek Road/
Lots 1 -5, Elk Meadows Subdivision, and setting forth details in regard thereto."
Should the Planning and Environmental Commission forward a recommendation of
approval of this application to the Vail Town Council, the Community Development
Department recommends the Planning and Environmental Commission adopt the
following conditions:
1. "The amendments to Special Development District No. 16, Elk Meadows, shall
not be effective until the major subdivision is approved by the Planning and
Environmental Commission and is recorded by the Town of Vail at the Eagle
County Clerk and Recorders office.
2. The major subdivision amended final plat shall be recorded at the Eagle County
Clerk and Recorder's office before a building permit is released for any
construction on the subdivision, including common area improvements as well as
individual residences.
3. The applicant and the Town shall continue to work on the proposed driveway
design and have a final solution to be presented in conjunction with the major
subdivision application and review.
4. The applicant shall record the deed restriction for the off -site employee housing
unit identified as Unit 7 -A of the Pitkin Creek Condominiums prior to the submittal
of the amended final plat for Elk Meadows to the Town for recording.
Town of Vail Page 12
5. The applicant shall amend the covenants to remove the architectural design
guidelines and reflect the need for compliance with the design standards and
guidelines found in the Vail Town Code.
6. The applicant and Town shall enter into a developer's agreement which shall
provide that no building permit shall be submitted to the Town until security is
provided by the developer to ensure completion of the common improvements for
the development."
Should the Planning and Environmental Commission forward a recommendation of
approval of this application, the Community Development Department recommends the
Planning and Environmental Commission make the following findings:
"Based upon the review of the criteria outlined in Section VI of this Staff
memorandum to the Planning and Environmental Commission dated March 25,
2013, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. That the SDD complies with the standards listed in subsection A of this
section, unless the applicant can demonstrate that one or more of the
standards is not applicable, or that a practical solution consistent with
the public interest has been achieved.
2. That the SDD is consistent with the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and compatible with
the development objectives of the town; and
3. That the SDD is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and
4. That the SDD promotes the health, safety, morals, and general welfare
of the town and promotes the coordinated and harmonious
development of the town in a manner that conserves and enhances its
natural environment and its established character as a resort and
residential community of the highest quality. "
VIII. ATTACHMENTS
A. Vicinity Map
B. Applicant's written request dated March 20, 2013
C. Elk Meadows Subdivision Plat
D. Applicant's Proposed development plan
E. Ordinance No. 17, Series of 1990
F. April 16, 1980 letter from TOV to Eagle County Planning Commission
G. Site plan from 1986 showing the 10 lots
H. Elk Meadows Preliminary Landscaping Plan
Town of Vail Page 13
Lots 1, 2, 3, 4 and 5; and Tract
Elk Meadows Subdivision
SDD No 16, Elk Meadows
(1624, 1626, 1628, 1630 and 1632 Buffehr Creek
1,
Road)
Subject Property
® This map was created by the Town of Vail GIS Team. Use of this map sh,,Id be for general pulp.... only. The Town of Vail does not warrant the accuracy of the informafion contained herein.
Feet where shown, parcel line w.* is approximate)
0 150 300
Last Modified: February 19, 2013 MINN Q'i VAfI
PEC APPLICATION—ELK MEADOWS SUBDIVISION_03202013
Department of Community Development
75 South Frontage Road
Vail, CO 81657
March 20, 2013
RE: Special Development District Application for Review by the Planning and Environmental Commission
for a Major Amendment to an SDD: Elk Meadows Subdivision: SDD No. 16 on a portion of Parcel A,
Lionsridge Subdivision, Filing No. 2 (The Valley — Phase III)
To Whom It May Concern,
We are requesting a major amendment to SDD No. 16 and a major subdivision for the Valley, Phase III,
also known as Elk Meadows.
DESCRIPTION OF THE REQUESTS:
1. Revisions to the current locations of Lots 1. 2 & 3 within the subdivision.
The current location and configuration of Lots 1, 2, 3 & 4 are clustered closely together (18' -20'
apart) on the north side of the site, inset in the steep hillside adjacent to Buffehr Creek Road.
We are proposing modifications to the geometry and relocation of the building envelopes to pull
the sites out of the steep hillside, further away from Buffehr Creek Road, minimizing the
removal of existing trees, and reducing the perception of density by providing more desirable
spacing between Lots.
Though the geometry of the Lots change as a response to the topography of the site, the sizes
do not. They maintain the acreage as set forth in the current SDD. Therefore there is also no
impact to the amount of acreage (2.5 acres) dedicated as open space.
Lot 1: 0.095 Acres
Lot 2: 0.089 Acres
Lot 3: 0.078 Acres
After the initial PEC work session and in response to PEC and Staff's comments, we reevaluated
the location of LOT 1 and propose a finalized location per the revised site plan.
• LOT 1 is now located equidistant from the drive lane as set in LOT 2 and LOT 3.
• LOT 1 is now located 33' feet from the fire truck turnaround, which is equal to the
spacing we are providing between LOT 4, LOT 3 and LOT 2.
• The drive lane has been reduced and the fire truck turnaround is located as close to the
utility easement as possible.
1
PEC APPLICATION—ELK MEADOWS SUBDIVISION_03202013
• LOT 1 has been pulled out of the south hillside and has been shifted west from the initial
proposed location.
2. Revisions to the current Architectural Guidelines.
We are proposing to adopt Town of Vail Code, Title 14, Chapter 10, DESIGN REVIEW STANDARDS
AND GUIDELINES in place of the current design guidelines set forth in the current SDD.
The current Architectural Guidelines were set forth in the last amendment to the SDD in
Ordinance No. 17, Series of 1990, reflecting the Alpine Log Home built by the owner of Lot 4.
Design Guidelines Ordinance No. 17, Series of 1990:
1. Roof pitch shall be between 4 feet in 12 feet and 6 feet in 12 feet.
2. Roof material shall be Cedar shakes.
3. Siding material shall be either log or stucco with log perlins, log railings, or other log
members, natural rock, or a combination of the above, and shall be applied horizontally as
indicated on the prototypical building elevations. Only light colored stain shall be applied to
siding.
4. Either stucco or siding shall be applied to exposed concrete foundation walls. If stucco is
utilized it shall be light in color.
5. All windows shall be white metal clad or wood windows, and will be "divided light" style.
6. All roofs shall have overhangs of at least 1 foot in order to protect walls and wall openings
from rain and snow to contribute to the building's character.
These guidelines were an amendment from the initial establishment of the SDD in Ordinance
No. 19 1987, in which the approved design guidelines contained the following:
Design Guidelines Ordinance No. 19, Series of 1987:
1. Roof pitch shall be between 4 feet in 12 feet and 6 feet in 12 feet.
2. Roof material shall be metal standing seam or a metal stamped California tile form and be
either charcoal gray or dark blue in color
3. Siding material shall be either cedar or redwood and shall be applied horizontally as
indicated on the prototypical building elevations. Only light colored stain shall be applied to
siding.
4. Either stucco or siding shall be applied to exposed concrete foundation walls. If stucco is
utilized it shall be light in color.
5. All windows shall be white metal clad windows.
6. All roofs shall have overhangs of at least 1 foot in order to protect walls and wall openings
from rain and snow to contribute to the building's character.
2
PEC APPLICATION—ELK MEADOWS SUBDIVISION-03202013
3. Employee Housing Unit Requirement
The current SDD requires a minimum of one employee dwelling unit within the subdivision; a
minimum size of 400 SF not to exceed 500 SF. Since the EHU has not been built within the
subdivision and the EHU square footage does not currently exist within a residence, we are
proposing to replace the 400 SF EHU requirement with an existing one bedroom, 669 SF, Pitkin
Creek Condominium.
PROPOSED PITKIN CREEK CONDOMINIUM
PARCEL NUMBER: 2101 - 111 -05 -085
ADDRESS: 3971 BIGHORN RD #7A
LEGAL SUMMARY: DESC: PHASE III Subdivision: PITKIN CREEK PARK Unit: 7 -A
The current SDD requirement of a 400 SF EHU is appropriately sized for only one employee,
versus the ability to house two employees in the 669 SF Pitkin Creek Condominium. The East
Vail location of the Pitkin Creek Condominium is far more appropriate for a Town of Vail
employee. Its location on the Town of Vail bus route, proximity to the bike trail, and the on -site
amenities of a pool /hot tub, grocery and liquor store makes it a superior location to the isolated
neighborhood on Buffehr Creek Road. Elk Meadows is not serviced by the Town of Vail bus, or
within close proximity to a bus stop, requiring employees to have a car and pay for Town of Vail
parking.
The fact that the EHU does not currently exist makes this a unique situation. We are not
requesting to exchange an existing EHU, but to relocate the existing requirement off -site
providing the Town of Vail with an additional 269 SF beyond what is required of the SDD. The
EHU exchanges that have taken place to date have been an exchange of an existing EHU in
which the residences benefited by the absorption of the additional GRFA. The Elk Meadows
SDD would not be absorbing or adding any additional GRFA with the relocation of the 400 SF
EHU requirement, therefore not warranting compliance with the exchange program.
4. Increase the allowable Gross Residential Floor Area (GRFA) 10% for each lot within the Elk
Meadows Subdivision.
This proposed amendment will maintain the intent of the original Valley PUD Agreement in
which 16000 SF of GRFA was designated for the Valley Phase III. The current SDD allocates 3200
SF of GRFA per Lot. The amendments to the GRFA regulations enacted by Ordinance No. 14,
Series of 2004, affected the method by which GRFA within the Residential Cluster Zone district is
measured. The current Lots are negatively affected by Ordinance 14 as the GRFA amendments
require wall thickness to be counted as GRFA. The proposed 10% increase in GRFA per Lot is to
3
PEC APPLICATION—ELK MEADOWS SUBDIVISION-03202013
recapture the GRFA "lost" when wall thickness was revised to be included in the GRFA
calculations.
This proposal will not change the intended size, bulk and mass of structures within the
subdivision.
LOT AREA ALLOWABLE GRFA PROPOSED GRFA
LOT 1 3200 SF 3520 SF
LOT 2 3200 SF 3520 SF
LOT 3 3200 SF 3520 SF
LOT 4 3200 SF 3520 SF
LOT 5 3200 SF 3520 SF
TOTAL 16000 SF 17600 SF
4
PEC APPLICATION—ELK MEADOWS SUBDIVISION_03202013
REVIEW CRITERIA
Section 12 -9A -8: DESIGN CRITERIA AND NECESSARY FINDINGS, Vail Town Code, provides the criteria for
review of a Major Amendment to a Special Development District. These criteria have been provided
below, along with an analysis of how this proposal complies with these criteria:
1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood
and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones,
identity, character, visual integrity and orientation.
The proposed modifications and relocation of LOTS 1, 2 & 3 are in response to their current orientation
on the steep hillside and their close proximity to Buffehr Creek Road. When altering LOT 2 & LOT 3 to
work better with the existing topography and minimize the site disturbance, we end up with lot 1 being
situated on the southern side of the shared drive. This improved location of LOT 1 minimizes the overall
site disturbance, improves the buffer zone between residences and the Buffehr Creek Road, and moves
LOT 1 out of the rockfall hazard area. The proposed fire truck turnaround and its location is a significant
improvement to the site disturbance over the cul -de -sac design in the original SDD (RE: Design Criteria
#7). The relocation of these lots still preserves the natural features of the site while reducing the feeling
of density similar to the adjacent Lia Zneimer & Elieini Zneimer Subdivision in which the lots allow for
more adequate spacing between the residences.
The adoption of Town of Vail Code, Title 14, Chapter 10, DESIGN REVIEW STANDARDS AND GUIDELINES
in place of the SDD's current design guidelines is intended to create a more diverse grouping of
residences similar to the adjacent Lia Zneimer & Elieini Zneimer Subdivision. As there is only one
residence currently constructed on this site, we believe there is an opportunity to expand and improve
on the current guidelines to allow for slight diversity amongst the remaining residences.
2. Relationship: Uses, activity and density which provide a compatible, efficient and workable
relationship with surrounding uses and activity.
There is no change to the proposed uses and activities for the SDD. The improved locations of Lots 1, 2
& 3 create the perception of a reduction in density which is much more compatible with the neighboring
Single Family subdivisions to the west (Lia Zneimer & Elieini Zneimer and north (The Valley Phase V).
3. Parking and Loading: Compliance with parking and loading requirements as outlined in Chapter 10
of this title.
There is no change in the parking requirements for the SDD.
4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town
policies and urban design plans.
The merits of the original SDD still comply, though our improved proposal better aligns with the
objectives of the Vail Land Use Plan. The following are the applicable land use policies regarding this
proposal.
5
PEC APPLICATION—ELK MEADOWS SUBDIVISION_03202013
1. General Growth /Development
1_1 Vail should continue to grow in a controlled environment, maintaining a balance
between residential, commercial and recreational uses to serve both the visitor and the
permanent resident.
1.2 The quality of the environment including air, water and other natural resources should
be protected as the town grows.
1_3 The quality of development should be maintained and upgraded when possible.
1_6 Development proposals on the hillsides should be evaluated on a case by case basis.
Limited development may be permitted for some low intensity uses in areas that are not highly
visible from the Valley floor. New projects should be carefully controlled and developed with
sensitivity to the environment.
1.7 New subdivisions should not be permitted in high geological hazard areas.
5. Residential
5_1 Additional residential growth should continue to occur primarily in existing, platted
areas and as appropriate in new areas where high hazards do not exist.
5_3 Affordable employee housing should be made available through private efforts, assisted
by limited incentives, provided by the Town of Vail, with appropriate restrictions.
5_4 Residential growth should keep pace with the market place demands for a full range of
housing types.
5_5 The existing employee housing base should be preserved and upgraded. Additional
employee housing needs should be accommodated at varied sites throughout the community.
5. Natural and /or Geological Hazard: Identification and mitigation of natural and /or geological
hazards that affect the property on which the special development district is proposed.
A portion of the site is located within a high severity rockfall zone. There is no change to the proposed
mitigation set forth in the current SDD. The proposed relocation of Lot 1 is a benefit as it would be
located outside of the high severity rockfall zone.
6. Design Features: Site plan, building design, location and open space provisions designed to produce
a functional development responsive and sensitive to natural features, vegetation and overall
The proposed modifications and relocations of Lots 1, 2 & 3 are an improvement in regards to the
following:
[.1
PEC APPLICATION—ELK MEADOWS SUBDIVISION-03202013
Site Plan: Improved integration of the Lots into the existing topography of the site, minimizing the site
disturbance, improved buffer zone from Buffehr Creek Rd. and between residences similar to that of the
neighboring single family subdivisions.
Building Design: By pulling the Lots out of the steep hillside and spacing them farther apart we create
improved building envelopes for the design of the future residences.
Location /Open Space: Our proposal reduces the perception of density similar to the adjacent Lia
Zneimer & Elieini Zneimer Subdivision. We maintain the natural features of the site while minimizing
the impact to the existing trees on the North side of the site and maintaining meadow /green space
throughout. We believe this improves the aesthetic quality of the community. There is no reduction in
the amount of dedicated open space per the SDD.
7. Traffic: A circulation system designed for both vehical and pedestrians addressing on and off site
traffic circulation.
The location of LOT 1 and the fire truck turnaround to the east shortens the length of the drive lane,
reduces the distance needed for each of the driveways and is a vast reduction in site disturbance in
comparison to the cul -de -sac proposed in the initial SDD.
Original SDD Intent: Drive lane and 96' wide cul -de -sac would have taken up approximately 19,000 SF.
Proposed SDD Amendment: Shortened drive lane and alternate fire truck turn - around would take up
approximately 12,200 SF. This is a reduction of over 6500 SF of site disturbance.
8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and function.
There is no change to the conceptual landscape design included in the current SDD. A review of the
specific landscaping for each lot will occur first with the HOA in conjunction with the landscape
provisions within the covenants followed by a review by the Town of Vail Design Review Board.
9. Workable Plan: Phasing plan that will maintain a workable, functional and efficient relationship
throughout the development of the special development district.
There is no change in the phasing plan for the SDD.
7
PEC APPLICATION-ELK MEADOWS SUBDIVISION_03202013
ZONING ANALYSIS
EXISTING SDD PROPOSED REVISIONS
PERMITTED USES: PERMITTED USES:
SINGLE FAMILY RESIDENTIAL DWELLINGS NO CHANGE
OPTIONAL EMPLOYEE DWELLING UNIT
LOT SIZES: LOT SIZES:
LOT 1: 4138 SF SINGLE FAMILY LOT NO CHANGE
LOT 2: 3877 SF SINGLE FAMILY LOT
LOT 3: 3398 SF SINGLE FAMILY LOT
LOT 4: 4051 SF SINGLE FAMILY LOT
LOT 5: 6142 SF SINGLE FAMILY LOT
TOTAL: 21606 SF TOTAL FOR BUILDING ENVELOPES
SETBACKS: SETBACKS:
E & W SIDES = 2' FROM BUILDING ENVELOPE LINE NO CHANGE
N SIDE = 3' FROM BUILDING ENVELOPE LINE
HEIGHT: HEIGHT:
33' SLOPING ROOF NO CHANGE
30' FOR FLAT ROOF DOES NOT APPLY AS DESIGN
GUIDELINES REQUIRES SLOPING ROOF
SITE COVERAGE:
NO STANDARD FOR BUILDING ENVELOPES
G R FA:
16000 SF OR 3200 SF PER BUILDING ENVELOPE
SITE COVERAGE:
NO CHANGE
GRFA:
17600 SF OR 3520 SF PER BUILDING ENVELOPE
DENSITY: DENSITY:
5 DWELLING UNITS +S EMPLOYEE DWELLING UNITS NO CHANGE
LANDSCAPING: LANDSCAPING:
TRACT 1: 2.5 ACRES WILL BE DEDICATED OPE SPACE; NO CHANGE
OR 69% OF THE TOTAL SITE
ATLEAST ONE ENCLOSED PARKING SPACE, PER NO CHANGE
DWELLING UNIT, WILL BE PROVIDED.
E�3
PEC APPLICATION-ELK MEADOWS SUBDIVISION_03202013
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PEC -AM EN DM ENT TO AN SDD APPLICATION -ELK MEADOWS SUBDIVISION
THIS GRAPHIC DISPLAYS THE NON - CONTIGUOS GREEN AREAS ALONG THE SOUTH SIDE OF
BUFFEHR CREEK ROAD IN RELATION TO THE PROPOSED RELOCATION OF
LOT 1- ELK MEADOWS SUBDIVISION
ELK MEADOWS SUBMMO
A RESUBDIVISION OF PART OF PARCEL A
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_10
,L A'L OISTRIIT EASEMENT (BOOK 345, PAGE 786)
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Post Office Box 1230
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Proposed Site Plan
`s
ORDINANCE NO. 17
Series of 1990
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 32
SERIES OF 1987, TO PROVIDE CHANGES TO SPECIAL DEVELOPMENT
DISTRICT NO. 16 THAT CONCERN A REDUCTION OF THE NUMBER OF UNITS
PERMITTED; ADJUSTING THE GROSS RESIDENTIAL FLOOR AREA PER UNIT;
EMPLOYEE DWELLING UNITS; AND ARCHITECTURAL GUIDELINES AND SETTING
FORTH DETAILS IN REGARD THERETO
WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes
Special Development Districts within the Town; and
WHEREAS, the Town Council approved Ordinance No. 32, Series
of 1987 establishing Special Development District No. 16; and
WHEREAS, Brad and Susan Tjossem have requested to amend the
existing Special Development District No. 16, Elk Meadows, for a
certain parcel of property within the Town know as The Valley,
Phase III, part of Parcel A, Lion's Ridge Subdivision, Filing No.
2; and
WHEREAS, there is an identified need for employee housing in
the community; and
WHEREAS, the Town of Vail has not adopted formal policies to
encourage the development of employee housing units; and
WHEREAS, the Special Development District provides for
creativity and flexibility to allow for the development of
employee housing; and
WHEREAS, the Town Planning staff and Planning and
Environmental Commission has recommended that certain changes be
made in Special Development District No. 16; 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 reenact Ordinance No. 32,
Series of 1987 to provide for such changes in Special Development
District No. 16, Elk Meadows.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT ORDINANCE NO. 32, SERIES OF 1987, IS
HEREBY REPEALED AND REENACTED WITH AMENDMENTS TO READ AS FOLLOWS:
Section 1. Amendment Procedures Fulfilled.-Planning-commission
Report.
The approval procedures prescribed in Chapter 18.40 of the Vail
Municipal Code have been fulfilled, and the Town Council has
received the report of the Planning and Environmental Commission
recommending approval of the proposed development plan for
Special Development District No. 16.
1
f .
i
Section 2. -Special Development District No. 16,
Special Development District No. so `6DD 16) and the development
plan therefore, are hereby approved for the development of Phase
III, The Valley, part of Parcel A, Lion's Ridge Subdivision
Filing No. 2, within the,Town of Vail consisting of 3.6 acres.
gection 3, Purpose.
Special Development District 16 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 complimentary to the Town, by the Town
Council, and meets all design standards as set forth in Section
18.40 of the Municipal code. As stated in the staff memorandum
dated April 9, 1990, there are significant aspects of Special
Development District 16 which are difficult to satisfy through
the imposition of the standards of the Residential Cluster zone
district. SDD No. 16 allows for greater flexibility in the
development of the land than would be possible under the current
zoning of the property. In order to help preserve the natural,
scenic features of this site, building envelopes will be
established which designate the areas upon the site in which
development will occur. 'The establishment of these building
envelopes will also permit the phasing of the development to
proceed according to each individual owner's ability to construct
a residence. SDD No. 16 provides an appropriate development plan
that maintains the unique character of this site, given the
difficult site constraints which must be addressed in the overall
design of the project.
Section 4. Development Plan.
A. The development plan for SDD No. 16 is approved and shall
constitute the plan for development within the Special
Development District. The development plan is comprised of
those plans submitted by Brad and Susan Tjossem and consists
of the following documents, which will be finalized at the
major subdivision final plat review: '
1. Elk Meadows Subdivision Phase III, The Valley,,
Preliminary Plan, a resubdivision of part of Parcel A,
Lionsridge Subdivision, Filing No. 2, Eagle Valley
Engineering and Surveying, Mr. Dan Corcoran, Surveyor.
2. Final DRB Landscape Plan, Elk Meadows, Phase III,
Dennis Anderson Associates, February 26, 1990.
3. Prototypical building design plans, Alpine Log Homes,
August 21, 1989, sheets 1 -6.
2
• 4. Environmental Impact Report submitted by Mr. Peter
Jamar, Associates, Inc., August 5, 1987, which includes
the rockfall mitigation requirements. Such rockfall
reports are dated February 23, 1987, February 25, 1987,
June 12, 1987, June 15, 1987, July 22, 1987 and March
12, 1990, and will be kept on file in the Town's
Community Development offices.
5. other general submittal documents that define the
development standards of the Special Development
District, dated March 10, 1990.
S. The development plan shall adhere to the following:
1. Acreage: The.total acreage of the site is 3.619 acres
2. Permitted Uses: The permitted uses for the site are
proposed to be:
a. single family residential dwellings
b. Open space
C. Private roads
d. Employee dwelling units as defined in Section 5,
paragraph C of this ordinance.
3. Conditional Nses•
a. Public utility and public service uses
b. Public buildings, grounds and facilities
C. Public park and recreation facilities
4. Accessory Uses:
a. Private greenhouses, tool sheds, playhouses,
attached 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 Sections 18.58.130 through
18.58.190.
C. other uses customarily incidental and accessory to
permitted or conditional uses, and necessary for
the operation thereof.
d. Horse grazing, subject to the issuance of a horse
grazing permit, in accordance with the provisions
of Chapter 18.58.
r
1
5. parcel Acreages and-Uses:
3
.i
a. Building Envelopes: as set forth on the Final
Plat.
1. 0.095 acres, 1 single family dwelling unit +
one optional employee unit.
2. 0.089 acres, 1 single family dwelling unit +
one optional employee unit.
3. 0.078 acres, 1 single family dwelling unit +
one optional employee unit.
4. 0.093 acres, 1 single family dwelling unit +
one optional employee unit.
5. 0.141 acres, 1 single family dwelling unit +
one optional employee unit.
b. Tract.l: 2.5 acres, open space.
C* Tract 2: 0,59 acres, private access road.
6. Setbacks - Minimum setbacks for the location of
structures in relation to building envelope perimeter
lines shall be as follows:
a. No structure shall be located on any easement as
so designated on the final plat of the
subdivision.
b. No structure shall be located less than two feet
from either the east or the west building envelope
perimeter line.
C. No structure shall be located less than three feet
from the north building envelope perimeter line.
d. Notwithstanding anything contained hereinabove to
the contrary, roof overhangs and decks may
encroach into the setback areas described in b and
c so long as such roof overhangs and decks are
totally within the perimeter lines of the building
envelope. No portion of the unit, decks, walls
etc. shall encroach beyond the building envelope.
7. Density Approval of this development plan shall
permit five (5) single family dwelling units, plus five
(5) optional employee dwelling units.
A minimum of one (1) employee dwelling unit hs all be
constructed, and said employee unit shall be a part of
either the first unit's or second unit's building
permit for the.project. All employee dwelling units
shall meet the criteria listed in Section 5, C of this
Ordinance.
4
f .
A building situated on a single unit residential
building envelope shall not contain more than 3,200
square feet of GRFA.
8. Building Height: Building height shall not exceed 33
feet for a sloping roof.
9. Parking: Parking shall be as required in Section 18.52
of�the Vail Municipal Code. At least one enclosed
parking space, per dwelling unit shall be required.
Each employee dwelling unit shall have one enclosed
parking space.
10. Landscaping: The area of the site to be landscaped
shall be as indicated on the preliminary landscape
plan. A detailed landscape plan shall be submitted to
the Design Review Board for their approval. The Design
Review Board approved final landscape plan shall
represent the subdivision's general landscape
requirements.
The entire portion of every building envelope, not
covered by pavement or buildings, shall be landscaped
as well as any'areas outside the building envelope
disturbed during construction.
11. Desion Guidelines: The Design Guidelines shall be as
follows for all buildings constructed in 8DD No. 16:
a. Roof pitch shall be between 4 feet in 12 feet and
6 feet in 12 feet.
b. Roof material shall be Cedar shakes.
C. Siding material shall be either log or stucco with
log perlins, log railings, or other log members,
natural rock, or a combination of the above, and
shall be applied horizontally as indicated on the
prototypical building elevations. only light
colored stain shall be applied to siding.
d. Either stucco or siding shall be applied to
exposed concrete foundation walls. If stucco is
utilized, it shall be light in color.
e. All windows shall be white metal clad or wood
windows, and will be "divided light" style.
f. All roofs shall have overhangs of at least 1 foot
in order to protect walls and wall openings from
rain and snow and to contribute to the building's
character.
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12. Recreation Amenities Tax: The recreational amenities
tax shall be assessed at the rate for the Residential
Cluster zone district.
13. Protective Covenants: Prior to major subdivision final
plat approval, the developer shall file protective
covenants on the land records of Eagle County which
will provide that each owner who builds a structure on
a designated building envelope shall comply with the
design guidelines and rockfall mitigation requirements
as outlined by the EIR by Jamar Associates August 5,
1987. Copies of the guidelines and mitigation
requirements shall be available at the Town of Vail,
Community Development office.
The covenants shall also provide in regard to the
covenants dealing with design guidelines, rockfall
mitigation and employee housing that the Town of Vail
shall have the right to enforce the covenants and that
the covenants may not be amended or deleted without
Town of Vail approval.
The protective covenants shall be approved by the Town
of Vail attorney, prior to major subdivision final plat
approval.
ect'on Conditions of Approval
A. Special Development District No. 16 shall not be effective
until the major subdivision is approved by the Planning and
Environmental Commission and is recorded by the Town of Vail
at the Eagle County Clerk and Recorders Office.
B. The major subdivision shall be recorded at the Eagle County
Clerk and Recorder's Office before a building permit is
released for any construction on the subdivision including
common improvements as well as individual residences.
C. The development of Special Development District No. 16 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. 16 shall provide employee housing
on site. The following restrictions shall apply to all
employee dwelling units within SDD No. 16:
C:
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The developer shall build a minimum of one employee dwelling
unit within the subdivision. Each employee dwelling unit
shall have a minimum square footage of 400 square feet, not
to exceed 500 square feet, and is allowed to have a kitchen.
The developer may provide up to 5 employee dwelling units,
including the 1 required dwelling unit, if so desired.
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. 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 one enclosed
garage parking space. This parking space shall not be
detached from the single -- family garage or structure. The
employee dwelling unit shall be prohibited from having a
wood burning fireplace.
The employee dwelling unit shall be restricted as a rental
employee dwelling unit permanently. The employee dwelling
unit shall not be leased or rented for any period of less
than 30 consecutive days, and that if rented, it shall be
rented only to tenants who are full -time employees in the
Upper Eagle Valley. The Upper Eagle Valley shall be deemed
to include the Gore Valley, Minturn, Red Cliff, Gilman,
Eagle -Vail, and Avon and their surrounding areas. A full -
time employee is a person who works an average of 30 hours
per week. An employee dwelling unit shall not be divided
into any form of time -- share, interval ownership, or
fractional fee ownership. The employee dwelling unit shall
not be sold, transferred or conveyed separately from the
single family unit.
The owner of each employee dwelling unit shall be required
to declare in writing, on an annual basis to the Town of
Vail, that the employee dwelling unit has been rented as a
f
long term rental per the requirements outlined in this
section. This declaration shall include a written statement
from the owner listing the renter's name, place of
employment, and length of time the unit was rented. The
declaration shall be required to be signed by both the lot
owner and renter.
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A declaration of covenants and restrictions shall be filed
on record in the office of the Eagle County Clerk and
Recorder in the form approved by the Town Attorney, for the
benefit of the Town, to ensure that the restrictions herein
shall run with the land before a building permit is released
for the construction of any employee dwelling unit. The
Town of Vail shall be a party to this employee housing
,,agreement.
D. The developer and Town shall enter into a developer's
agreement which shall provide that no Final Plat for
subdivision shall be signed by the Town unless security is
provided by the developer to ensure completion of the
improvements as designated in the applicant's phasing plan
for -the project, per the staff memorandum, dated April 9,
1990, Section V, 9.
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 SDD No. 16 -shall follow the procedures contained in
Section 18.40.100 of the Vail Municipal Code.
Section 7. ExQiration
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 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 extended, that the approval
of the Special Development District be revoked, or that the
Special Development District be amended.
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agtion 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 or more parts, sections, subsections, sentences, clauses
or phrases be declared invalid.
Section %,
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.
Section 10.
The repeal or the repeal and reenactment of any provisions of the
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 expressly stated herein.
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.
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W
INTRODUCED, READ AND PASSED ON
May , 1990, and a pub,
Ordinance on the 1St day of
in the Council. Chambers'of the
Colorado.
Ordered published in full this
FIRST READING THIS 1s_ day of
Lie hearing shall be held on this
May , 1990 at 7:30 p.m.
Vail Municipal Building, Vail,
1st day of May 1990.
.: Kent R. Rose, ay r .
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED in full this 15th day of May , 1990.
ATTEST:
Kent R. Rose, Mayor
Pamela A. Brandmeyer, town Clerk
10
WV31il
tow
box 100
vail. colorado 81657
(303) 476-5613
MEMORANDUM
department of community development
TO: EAGLE COUNTY PLANNING COMMISSION
FROM: TOWN OF VAIL, DEPARTMENT OF COMMUNITY DEVELOPMENT -PETER PATTEN
DATE: April 16, 1980
RE: FILE NO. Su- 114- 80 -S4, The Valley Parcel III Sketch Plan
Review of 10 Townhouse Units
The Town of Vail Department of Community Development has reviewed the
proposed layout of 10 townhouses on this parcel. We have been in
contact with the architect and feel that we can work with them to
improve the site design. A more clustered, tighter layout of the
buildings located more toward the hillside on the southeast would
be preferable and allow for a more creative site design.
It is a difficult parcel due to the sensitivity of the meadow area
and the steep hillside. Since the units to the west in Phase 6
will be located in the meadow, it might be more desirable to leave
as much of the meadow on this site open so that it is not developed
from one end of the valley to the other.
We are more than willing to work further with the developer and the
architect in arriving at a mutually satisfiable solution for the 10
units on this parcel.
Sinc y,
Peter Patten
Planner
Dick Ryan
Director
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,. ° • ° • ° . ° , • ' - Landscape Plan
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MEADOWS
Vail,Colorado
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Approved by the
Planning & Environmental Commission
TOWN OF VA I L g By Warren Campbell at 2:00 pm, Mar 31, 2014