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HomeMy WebLinkAboutPEC090038_PEC100005_PEC100001 Timber Ridge Redevelopment memo 032210 MEMORANDUM TO: Town of Vail Planning and Environmental Commission FROM: Community Development Department DATE: March 22, 2010 SUBJECT: A request for a review of a Development Plan, pursuant to section 12-6I-11, Development Plan Required, Housing Zone District, Vail Town Code to allow for the redevelopment of a five (5) acre portion of the Timber Ridge Village Apartments, with up to 359 new deed-restricted employee housing units; and a request for a review of a preliminary plan and final plat, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for a resubdivision of Lions Ridge Subdivision, Filing No.1, Block C, A resubdivision of Lots C1, 2, 3, 4 & 5; and a review of a variance from Section 14-6-7, Retaining Walls, Vail Town Code, to allow for the construction of retaining walls in excess of six (6’) feet in height, located at 1280 North Frontage Road/ Lots C1-C5, Lions Ridge Subdivision, Filing No.1, and setting forth details in regard thereto. (PEC090038)(PEC100005)(PEC100001) Applicant: Vail Timber Ridge, LLC and the Town of Vail Municipal Corporation Planner: George Ruther ____________________________________________________________________________ I. SUMMARY The applicant, Vail Timber Ridge, LLC and the Town of Vail Municipal Corporation, represented by Rick Pylman, of Pylman & Associates, are requesting a review of three development applications intended to facilitate the redevelopment of the easternmost 5.24 acres of Timber Ridge Village Apartments. The proposal would remove nine existing apartment buildings containing 102 apartment units, and replaces them with three new attached apartment buildings containing 352 deed restricted housing units, a five-story tall, 520 space parking garage and a resident’s clubhouse According to the Official Zoning Map of the Town of Vail, Lots C1-5 of the Lions Ridge Subdivision are zoned Housing (H) District. As such, all future development on the site shall comply with the applicable provisions of the Housing District development standards and processes. A complete zoning analysis for the project is outlined in Section V of this memorandum. Based upon staff’s analysis of the criteria for review for the proposed project, as outlined in Sections VII - IX of this memorandum, the staff is recommending that the Planning & Environmental Commission: approves, with conditions, the applicant’s request to establish a Development Plan for the redevelopment of the easternmost 5.24 acres of the Timber Ridge Village Apartments site, approves the request for the retaining wall height variance, and; forwards a recommendation of approval, with modifications, of the request for a preliminary plan and final plat of the Lions Ridge Subdivision. II. DESCRIPTION OF THE REQUESTS Development Plan The applicants are proposing to redevelop the easternmost 5.24 acres of the Timber Ridge Village Apartments development site and construct a new five-story tall building extending approximately 800 feet along the North Frontage Road (Attachment A – Vicinity Map). The new building will contain up to 352 new employee housing units capable of housing between 760-930 employees. According to the proposed development plan, the 352 new residential units will be a mix of 6% or 22 studio units, 39% or 138 one bedroom units and 55% or 192 two bedroom units. The western half of the site (96 apartments) will remain operational throughout the redevelopment construction process. A new five-level enclosed, parking garage will be constructed on the site along with improved public transit facilities to meet the minimum parking and transportation needs of the residents of the development. A 5,760 square foot clubhouse will be constructed within the West building. The clubhouse includes exercise areas, offices, a cyber café, a club room and business/conference room space. A written narrative from the applicants, entitled “Timber Ridge Development Plan Application”, date stamped March 11, 2010, describing the development application requests is attached for reference (Attachment B). A reduced copy of the proposed plan is attached for reference (Attachment C). Proposed Eastern Portion Redevelopment  # of Units % of Unit Mix Square Feet of Units Number of Bedrooms Total Number of Bedrooms Range of Employees / Unit Average Employees Housed  22 6% 393 sq. ft. Studio 22 1.15 - 1.35 25 - 30  138 39% 530 - 650 sq. ft. One 138 1.5 - 2.0 207 - 276  192 55% 786 - 931 sq. ft. Two 384 2.75 – 3.25 528 - 624  352 100%     544   760 - 930   * source – Vail Town Code and the Town of Vail Employee Housing Strategic Plan Retaining Wall Height Variance The applicants are requesting a retaining wall height variance to facilitate redevelopment on the Timber Ridge Village Apartments site (the “Development Site”). Presently, more than fifty feet (50’) of grade change occurs north/south across the site. Given the topography of the site and the residential uses permitted, a significant amount of the slope retention is required to accommodate development on the site. As proposed, the retaining walls will be up to 12 feet in height behind the buildings and along the northerly edge of the development site. Pursuant to Section 14-6-7, Retaining Walls, the maximum height of retaining walls shall not exceed six feet (6’) in height. Final Plat The applicants are requesting review of a major subdivision application to create a new final plat of the Development Site. The purpose of the final plat is to facilitate redevelopment of the property by creating two new lots, the necessary easements and allow for the future transfer of ownership of the property. As proposed, Lots C1-5, Block C, Lions Ridge Subdivision, Filing No. 1 would be resubdivided to create Lots 1 & 2 of the new Timber Ridge Subdivision. Upon creation Lot 1 would be approximately 4.840 acres (210, 830 sq. ft.) in size and Lot 2 would be approximately 5.242 acres (228,342 sq. ft.) square feet in size. According to the land use summary noted on the proposed final plat, the total size of the major subdivision shall be approximately 10.082 acres. A reduced copy of the proposed final plat is attached for reference (Attachment D). III. BACKGROUND The Town of Vail acquired Timber Ridge Village Apartments in 2003 for $20 million to preserve the deed restricted employee housing designation on the property. Constructed in 1981, Timber Ridge is Vail’s largest deed-restricted employee housing complex, currently consisting of 198 rental apartment units on ten acres. Each of the existing units is 745 sq. ft. in size with two bedrooms and one bathroom. Presently, the eastern portion of the Timber Ridge Village Apartments provides housing to more than 408 persons (four occupants per unit X 102 units). Existing Timber Ridge Village Apartments  # of Units % of Unit Mix Square Feet of Units Number of Bedrooms Total Number of Bedrooms Employees / Unit Average Employees Housed  198 100% 745 sq. ft. 2 396 4.0 792   IV. APPLICABLE PLANNING DOCUMENTS Vail Town Code Housing (H) Zone District 12-6I-1: PURPOSE: The housing district is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zoning districts. It is necessary in this district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The housing district is intended to ensure that employee housing permitted in the district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. 12-6I-8: PARKING AND LOADING: Off street parking shall be provided in accordance with chapter 10 of this title. No parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. A limitation placed in the deed restrictions limiting the number of cars for each unit. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. 12-6I-10: OTHER DEVELOPMENT STANDARDS: Prescribed By Planning And Environmental Commission: In the H district, development standards in each of the following categories shall be as proposed by the applicant, as prescribed by the planning and environmental commission, and as adopted on the approved development plan: 1. Lot area and site dimensions. 2. Building height. 3. Density control (including gross residential floor area). 12-17-1: PURPOSE, VARIANCES: Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the Applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. V. ZONING ANALYSIS Address: 1280 North Frontage Road Legal Description: Lots C1-C5, Lions Ridge Filing No. 1 Zoning: Housing District Land Use Plan Designation: Medium Density Residential Current Land Use: Medium Density Residential Dwellings Lot Size: 5.24 acres/ 228,254 square feet Geologically Sensitive Areas: High Severity Rockfall Development Standard Required Proposed Min. Lot Area: determined by PEC 228,254 sq.ft.(5.24 acres) Density Control: determined by PEC 67.17 d.u./ac. (352 d.u.) Min. Setbacks: Front: 20’ (north) 25’ (north) Sides: 20’ (east) 20’ (east) 20’ (west) 50’ (west) Rear: 20’ (south) 54’ (south) Max. Building Height: determined by PEC 100’ (tower element) 79’ (building) Max. GRFA: determined by PEC 252,628 sq. ft. Max. Site Coverage: 55% unless at least 75% 97,448 sq. ft. (43%) of parking is covered and approved by the PEC Min. Landscape Area: 68,476 sq. ft. (30%) 68,736 sq. ft. (30%) Min. Parking: Per Chapter 10 (693 spaces), 520 spaces min. or a max. 25% reduction (520 spaces) approved by the PEC based upon the Parking Management Plan provided VI. SURROUNDING LAND USES AND ZONING Current Land Use Zoning Land Use Designation North: Residential Two-Family Primary/Secondary Low Density Residential South: Interstate 70 ROW Not Zoned Not Designated East: Residential High Density Multiple Family High Density Residential Resident ial West: US Postal Service High Density Multiple Family High Density Residential Residential VII. CRITERIA AND FINDINGS, DEVELOPMENT PLAN The review criteria and findings for evaluation for the review and consideration of a development plan are prescribed in Section 12-6I-13 of the Zoning Regulations. According to Section 12-6I-13, the following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria. A list of the applicable design criteria are outlined in Section IV of this memorandum. 12-6I-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION: The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. Architecture The proposed redevelopment project is intended to be an assemblage of four new residential buildings wrapping three sides of a new above-grade parking garage. As designed, there are an East, West, Center and Parking Garage buildings. The four buildings are physically connected to one another in an east to west alignment extending approximately 800 feet along the length of the building envelope. The residential buildings will have sloping roof gable and hip roof forms with pitches of up to 7:12 and a mix of stone, stucco and cementious wood siding on the exterior. Additional design accents such as wooden shutters, south facing exterior decks and balconies and exposed wood beams and structural bracing are included on the proposed buildings. The applicants are scheduled for a public hearing before the Town of Vail Design Review Board on Wednesday, April 7, 2010. Staff believes the architecture of the proposed buildings is compatible with the site, adjacent properties and the surrounding neighborhood. Character The buildings have been designed as an assemblage of four individual buildings connected to one another. The east and west buildings are similar in design and form. Each building is designed with double-loaded corridors for internal circulation and contains south facing exterior courtyards for access to the buildings and passive outdoor recreation. These two buildings have been designed to be up to five stories in height. The third, or “center”, building utilizes a single-loaded corridor for internal access and is also five stories tall. The “center” building provides the front façade intended to screen the view of the parking garage. As designed, the “center” building creates a townhouse appearance along the North Frontage Road. The fourth and final building is the enclosed parking garage. The parking garage contains the required off-street parking spaces for the development, a resident’s storage area, and access to trash and recycling facilities. The parking garage is accessed directly from the North Frontage Road. The style of the three residential buildings can be characterized as maintaining an alpine form of design. Sloping roof forms, hip and gable roof ends, steeply pitching tower elements and a mixture of stone, stucco and wood make up the exterior building materials. The color palette selected for the building is an assortment of light and dark earth-tone colors. Architectural elements such as wooden decks, exposed beam ends, decorative bracing and covered main entrances have been incorporated to accentuate the character of the buildings. Scale and Massing The scale of the proposed buildings is large when compared in context with surrounding uses and structures. There is little doubt that the proposed building will be one of the larger buildings constructed in the Town of Vail. The applicants have attempted to mask the scale and mass of the building by providing vertical articulation to the roof line and building mass. For example, the easternmost portions of the building have been lowered in height to more directly relate to the existing scale and massing of the Savoy Villas Condominiums residential units on the neighboring property. Additionally, the visual scale and massing of the parking garage was reduced by filling in and flattening out the grades on the north side of the parking garage. This change in grading substantially reduces the long, extensive linear mass of the parking garage and buries nearly 80% of the parking garage below grade. Staff believes the scale and massing of the proposed buildings is compatible with the site, adjacent properties and the surrounding neighborhood. Orientation The four new buildings are sited predominately on an east to west orientation and generally parallel with the North Frontage Road and Lions Ridge Loop. The orientation of the buildings is driven primarily by the shape and configuration of the platted development site. Four south facing exterior courtyards have been proposed along the south edge of the buildings. The four courtyards are designed to provide useable outdoor passive recreation areas for the residents of the buildings. According to the sun/shade analysis, the courtyards will receive varying amounts of direct sunlight throughout the year. A five story tall enclosed parking garage has been oriented in the center portion of the site and screened on three sides by proposed buildings. The north side of the garage has been substantially buried below grade to screen the structure from the view of the public. Staff believes the orientation of the proposed buildings is compatible with the site, adjacent properties and the surrounding neighborhood. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. Responsiveness to the site The buildings and improvements have been designed to be responsive to the site. Nearly all of the activity associated with the site occurs along the south-facing edge of the development site. Both pedestrian and vehicle access to the buildings is taken from the south side. The buildings have been as far as practical to the south so as to minimize the amount of encroachment into the steeply sloping north hillside. To that end, however, the applicants are also seeking approval of a retaining wall height variance in order to facilitate development on the site. Responsiveness to the surrounding neighborhood and uses Several revisions were made to the original proposal in order to increase the responsiveness of the building and uses to the surrounding neighborhood. For instance, the mass of the easternmost portion of the buildings was reduced to better relate to the mass and orientation of the existing Savoy Villas Condominiums. In addition, the westernmost end of the building was redesigned to lower the finish floor elevation to more closely match that of the existing North Frontage Road and pedestrian path. As a result, a significant amount of retaining walls were eliminated and substantial number of pedestrian stairs were removed. One important opportunity for improving compatibility with adjacent uses was not pursued however. The proposed building continues to maintain an entrance/exit on the east end building. This entrance/exit, while convenient, has the potential to negatively impact the use and enjoyment of the residential property to the east. Given the high volume of traffic this entrance will likely see, it might be better suited for another location. If this entrance/exit were simply relocated to the other side of the hallway, the potential for any negative impacts would be significantly reduced and the resident’s use of the courtyard likely enhanced. Staff recommends the applicants reconsider the location of the entrance/exit. Responsiveness to the Community The Timber Ridge Village Apartments redevelopment is in direct response to an identified community need. Through the adoption of the Town of Vail Employee Housing Strategic Plan the need for employee housing was quantified and a goal for the community was set. In response to this need, the Town has actively pursued the redevelopment of the site. Given the central location of the site to the identified job centers, its proximity to public transit facilities, and its ability to accommodate a significant amount of infill development, this redevelopment site is well-suited for a project of this scope and size. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and, when possible, are integrated with existing open space and recreation areas. Functionality and Aesthetics The landscape plan needs further revision and attention. A well-designed and implemented landscape plan has the opportunity to bring numerous improvements and enhancements to the overall project, both functionally and aesthetically. First, the sizes of trees should be increased to be more reflective of the scale and mass of the buildings. Five story tall buildings and a predominance of 6’ – 8’ tall spruce trees are not compatible. A greater variety of tree sizes should be incorporated to better integrate the buildings into the context of the neighborhood. A significant landscape screen is needed along Lions Ridge Loop to again mask the scale of the building and provide greater visual interest to both persons passing by the site as well as the residents living in the units on north side of the buildings. By and large, there is effectively no landscape on the north side of the building. Greater consideration should be given to the planting plan. In many areas native aspen trees are used in a very linear, street tree form which is foreign to their more natural appearance. Instead, a more random and organic planting plan should be pursued to ensure the development fits into the mountain environment that is Vail. Attention should be given to where trees and planting are placed to optimize their aesthetic and environmental value to the overall development. All of the trees proposed along the south side of the fire lane/pedestrian path should be relocated on the site to avoid conflicts with the buried water and sewer lines. The area is more conducive to shrubs, perennial beds and turf. As such, the area could also be better utilized for much needed snow storage areas. Special attention needs to be directed towards maintaining safe sight distance triangles at driveway entrances. Staff recommends that the applicants readdress the proposed landscape plan to ensure it complies with the above-described criteria. As presently proposed, the plan fails to comply with these criteria. The applicant should be required to submit a revised landscape plan for review. A pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. Safe, Efficient and Aesthetically Pleasing Circulation System Timber Ridge Village Apartments are located along the North Frontage Road. The North Frontage Road provides direct vehicular and pedestrian access to the site. A secondary form of pedestrian access is available to the site from Lions Ridge Loop. A series of pedestrian sidewalks and a shared fire lane/pedestrian path provides pedestrian circulation on the site. Vehicles will access the site in two locations; one at the main entrance to the parking garage and a second, at the west end of the building nearest the public transit stop. An enhanced public transit stop is proposed to be constructed to accommodate the anticipated significant increase in bus ridership. The public transit stop is designed to accommodate up to four buses at any given time (two east bound/two west bound). Special consideration should be given to the impact that this development may have on the Town’s ability to provide convenient and efficient public transit services. More than 100 riders have been witnessed waiting at the transit stop during peak periods of the day and year. It should be reasonably assumed that these types of number will continue or increase. I-70 imposes a significant barrier to pedestrian movements north/south across the valley. To date, the Town has studied opportunities for constructing a pedestrian bridge over I-70 linking the development site to the south side of I-70. In studying the opportunities the Town has concluded that finding a location to land the south end of the bridge remains one of the greatest barriers to constructing the improvements as there is little to no area of public right of way. The improvements would have to be located on private property. Snow Storage Four levels of the parking garage are enclosed and protected from the weather. The top deck of the garage, however, is exposed to the elements. As such, snow will accumulate on the top during the winter months. As presently designed, no accommodations for snow storage or snow removal is provided. Staff recommends the applicants revise the proposed plans ensuring that adequate snow storage and snow removal is addressed. The current proposal does not comply with the Town’s adopted regulations. Cross Over Aisle Width Title 14, Development Standards, of the Vail Town Code, in part, prescribe minimum design standards for parking garages. According to Title 14, the minimum width of a cross over aisle in a parking structure is thirty feet (30’). The purpose of this standard is to ensure adequate clearances for the flow and circulation of traffic. An inadequate flow and circulation of traffic results in decreased levels of service and functionality. As presently designed, the parking garage has twenty-four foot (24’) wide cross over aisles. Staff recommends the applicants submit written documentation from a qualified traffic consultant documenting the difference in level of service and functionality between the designed aisle width and the required width. This information will be used to evaluate whether the designed aisle width is acceptable. Environmental impacts resulting from the proposal have been identified in the project’s environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. Environmental Impact Report An environmental impact report was prepared for the Timber Ridge redevelopment project in accordance with the applicable provisions of the Zoning Regulations of the Town of Vail and submitted to the Town of Vail Community Development Department for review and consideration. Chapter 5, Cumulative & Long-term Effects & Irreversible Environmental Changes, of the report entitled, “ENVIRONMENTAL IMPACT REPORT, Timber Ridge Redevelopment Project” dated January, 2010, prepared by Western Ecological Resources, Inc, of Boulder, Colorado, concludes the following: 5.1 Hydrology 5.1.1 Surface Water The proposed redevelopment of the eastern portion of Timber Ridge would have no cumulative, long-term effect or irreversible environmental change on the surface water hydrology of the project site. 5.1.2 Ground Water The proposed development would have a slight, cumulative long-term effect or irreversible environmental change on the ground water hydrology of the project site due to dewatering of building foundations via underdrains. 5.2 Atmosphere The slight increase in hydrocarbon pollutants generated by the development and associated vehicular traffic represents a cumulative and long term effect. However, Kimley-Horn’s traffic analysis concludes that redevelopment of Timber Ridge would have an overall effect of reducing traffic within Vail because employees would reside closer to their workplace. The majority of residents in Timber Ridge utilize public transportation. 5.3 Geology & Hazards The long-term risks presented by the rockfall hazard could be mitigated by any of the four conceptual options presented in HP Geotech’s 2009 Geologic Site Assessment and Preliminary Rockfall Risk and Mitigation Study. After the feasibility analysis and preliminary cost estimates are completed, an option can be selected and further studies would be needed to develop more precise design specifications. 5.4 Soils Because this is a redevelopment project, it would not result in any new cumulative or long-term impacts to the native soil. As described in the Geotechnical Study completed by HP Geotech, the site is overlain by fill material from the initial development. 5.5 Vegetation Resources The proposed project would create only a negligible long-term change in the plant community as areas of ornamental vegetation are impacted and replaced with similar ornamental vegetation. 5.6 Wildlife Resources The proposed redevelopment would not have any significant long-term impacts or irreversible environmental changes on wildlife resources. The site is already a high-density residential development, and there will be no change in land use or vegetation resources. 5.7 Noise Noise generated by the proposed development and associated vehicular traffic would create a slight cumulative and long-term environmental change, however given the proximity of the Interstate-70 corridor, this change will be negligible. 5.8 Visual Resources Redevelopment of the eastern portion of Timber Ridge would create an irreversible change on the visual resources of the area. However, this would be a positive impact because the aging buildings would be replaced with newer, updated buildings with an aesthetically pleasing architectural style that compliments other developments within the Town of Vail (Figure 11). 5.9 Land Use The proposed project would not result in changes to the land use as one high-density residential development will be replaced with a similar high-density residential development. 5.10 Circulation & Transportation Long-term traffic estimates included in Kimley-Horn’s Traffic Impact Study (2010) assume the entire Timber Ridge site is re-developed to include 700 units by 2025. Their analysis estimates the development would generate 77 new vehicle trips during the peak morning hour and 142 new vehicle trips during the peak afternoon hour of the peak winter ski season. Likewise there would be 337 new person trips during the peak morning hour and 424 new person trips during the peak afternoon hour on the public transportation system. Kimley-Horn reports that the full build-out may have a significant impact on the Town of Vail’s public transit system and states that additional busses may be needed to accommodate this use. 5.11 Population The redeveloped apartment buildings will support a larger population, an increase estimated between 352 and 522 employees. This represents a cumulative and permanent increase in the population of the Town. F. Compliance with the Vail comprehensive plan and other applicable plans. A component of the Vail Comprehensive Plan is the Employee Housing Strategic Plan that was adopted in September, 2008. The Plan outlines action steps for the Town to achieve its deed restricted employee housing goal: ”To ensure there is deed restricted housing for at least 30% of Vail’s workforce within the Town of Vail.” Two objectives the Plan identifies is Vail’s need to “keep up” with new deed restricted employee housing demand as it is created and the need to “catch up” with existing deed restricted employee housing deficiencies. The Town adopted Commercial Linkage and Inclusionary Zoning requirements for new development to ensure the amount of deed restricted employee housing keeps up with increasing employee demand. The Plan recognizes the Town has the unique obligation of catching up with existing deficiencies. The proposed redevelopment of the easternmost portion of Timber Ridge is the most significant opportunity the Town has to address existing deed restricted employee housing deficits. The following figures illustrate the challenge Vail faces in meeting its goal: Vail’s Deed Restricted Housing Gap Existing Jobs 9,100 6,100 Employees (emp. = more than 1 job) 30% of Vail’s Employees 1,830 Employees EHUS 663 Units -1,094 Beds (avg. 1.65 emps/unit) Existing Deed Restricted Gap 736 Beds New Employee Beds Arosa Drive Duplex 3.3 New Beds on average ½ Timber Ridge Redevelopment 439 New Beds on average First Chair 42 New Beds Chamonix Neighborhood 92.4 New Beds on average Remaining Deed Restricted Gap To Achieve the Goal 159.3 New Deed Restricted Beds VIII. CRITERIA AND FINDINGS, VARIANCE Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff Response - The proposed variance request allowing for retaining wall heights to exceed the maximum six feet of exposed wall face will have little to no negative impact on the existing or potential uses in the vicinity. The site is bordered by public road rights-of-way on the north and south, the United States Post Office to the west, and a large-scale, multi-family development to the east. The visual impact of the proposed retaining wall will be largely shielded by the proposed buildings. The retaining wall will be most visible on the west end of the development site, adjacent to the remaining portion of the Timber Ridge development. The proposed wall is designed as to minimize any negative impact it may have on the future redevelopment of the western portion of Timber Ridge Village Apartments. As designed, the exterior surface of the retaining walls is intended to be colored shot-crete. A shot-crete surface is prohibited by the Town’s adopted design standards and guidelines. An alternate exterior surface material shall be required prior to final design approval. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Staff Response - Staff believes there is a need to grant relief from the strict or literal interpretation and enforcement of the retaining wall exposed face height regulation. The site was previously developed in a manner which has currently resulted in retaining wall heights that are in excess of the current Zoning Regulation requirements. With the physical configuration of the site being narrowest from north to south and the location of a 40-foot utility easement running east-west across the street frontage of the property, the development is confined to an even more limited building envelope by which to comply with the retaining wall exposed face height requirements. There has only been a small number of exposed wall face height variances granted within the Town of Vail. To date, they have been granted to mostly residential zoned properties on steep slopes. As the Code requirements regulating the exposed wall face height are an outcome of a more recent desired aesthetic preference of the community, previous developments did not have to comply with this regulation. One positive outcome of granting a variance will be the ability to create a more suitable surface for landscaping to be planted along Lions Ridge Loop on the north side of the building. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff Response - Staff believes that the requested retaining wall exposed face height variance will have minimal, if any, negative effects on the elements identified in the above criterion. The space between the proposed structure and the retaining wall will be properly illuminated to address any public safety issues or concerns. The request for a variance from the maximum retaining wall height standards prescribed in Section 14-6-7 of the Zoning Regulations of the Town of Vail has minimal, if any, impacts on the above-described criteria. IX. CRITERIA AND FINDINGS, FINAL PLAT Chapter 3, Major Subdivision, Title 13 Subdivision Regulations, of the Vail Town Code prescribes the review criteria for a request for a major subdivision. Pursuant to Section 13-3-6, Final Plat, Vail Town Code, the criteria for reviewing the final plat shall be as contained in Section 13-4-2 of the Subdivision Regulations. According to Section 13-4-2C, Review and Action on Plat, “The Planning and Environmental Commission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one (21) days of the first public hearing on the major subdivision or the major subdivision will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreement between the Planning and Environmental Commission and subdivider”. The burden of proof shall rest with the applicant to demonstrate that the application is in compliance with the intent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13-3-3C above. The purpose of the final plat is to facilitate redevelopment of the site by creating two new lots and the necessary easements and allow for the future transfer of ownership of the property. As proposed, Lots C1-5, Block C, Lions Ridge Subdivision, Filing No. 1 would be resubdivided to create Lots 1 & 2 of the new Timber Ridge Subdivision. Upon creation Lot 1 would be approximately 4.840 acres (210,830 sq. ft.) in size and Lot 2 would be approximately 5.242 acres (228,342 sq. ft.) square feet in size. A reduced copy of the proposed final plat has been attached for reference (Attachment D). According to Section 13-3-4, Commission Review of Application; Criteria, Vail Town Code, “The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of the Chapter, Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13-3-3C above. The Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with surrounding land uses and other applicable documents, effects on the aesthetics of the Town.” One of the basic premises of subdivision regulations is that minimum standards for the creation of a new lot must be met. This project will be reviewed under the Major Subdivision Criteria, pursuant to Section 13-3-4, Subdivision Regulations, Vail Town Code. The extent to which the proposed subdivision is consistent with all 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 Staff Response - The Vail Land Use Plan identifies the property proposed for subdivision with this application as High Density Residential and states, in part, the following: “The housing in this category would typically consist of multi-floored structures with densities exceeding 15 dwelling units per buildable acre.” Further, the site was acquired by the Town of Vail in 2003 with the expressed purpose of preserving deed-restricted employee housing within the Town of Vail. The sole purpose of this subdivision request is to facilitate the redevelopment of a portion of the site for future deed restricted employee housing. Staff believes the proposed major subdivision is in compliance with this criterion. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, title 12, "Zoning Regulations", of this code, and other pertinent regulations that the planning and environmental commission deems applicable; and Staff Response - The land included in this major subdivision proposal is zoned Housing District. The purpose of the Housing District is: “The housing district is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zoning districts. It is necessary in this district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The housing district is intended to ensure that employee housing permitted in the district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses.” Further, the proposed final plat has been reviewed for compliance with the applicable provisions of Title 13, Subdivision Regulations. Upon review, it has been determined that the proposed plat, with minor administrative corrections, complies with the requirements of the Vail Town Code. Staff believes the proposed major subdivision is in compliance with this criterion The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Staff Response – The expressed purpose of the major subdivision application is to facilitate the redevelopment of Timber Ridge Village Apartments. Once subdivided, the easternmost 5.24 acres of the development site shall be redeveloped in keeping with the municipal development objectives of providing deed-restricted employee housing within the Town of Vail. Staff believes the proposed major subdivision is in compliance with this criterion. The extent of the effects on the future development of the surrounding area; and Staff Response – As the proposed subdivision is in compliance with the applicable provisions of Title 13, Subdivision Regulations, future development in the areas surrounding the Timber Ridge Village Apartments will have little, if any, negative effects. Staff believes the proposed major subdivision is in compliance with this criterion. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and Staff Response – The proposed subdivision is a resubdivision of five existing platted lots. As such, no extension to public utilities is required. While extensions are not required, upgrades and expansion of the existing services are required. Pursuant to the proposed development plan, the applicants are required to obtain roughly $90,000 worth of additional water rights for the property. The applicants are currently working with representatives from the Eagle River Water and Sanitation District (the “District”) to execute a written agreement guaranteeing the District’s ability to serve the Development Site. All other public utility companies have provided written sign-offs to the Town of Vail verifying their ability to serve the Development Site. Staff believes the proposed major subdivision is in compliance with this criterion. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines; and Staff Response – All of the public utility providers supplying services to the subdivision and the Development Site were consulted and signed off on the ability to serve the Development Site. Final confirmation from the District is pending. Residential and fire flow calculations were analyzed and the appropriate upgrades to the water supply system have been identified on the proposed development plans. Staff believes the proposed major subdivision is in compliance with this criterion. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and Staff Response – Timber Ridge Village Apartments were acquired by the Town of Vail for the expressed purpose maintaining deed restricted employee housing. To that end, the development site was recently rezoned to the Housing District. The sole purpose of the Housing District is to provide development standards to facilitate the development of deed restricted employee housing. The proposed major subdivision application is intended to facilitate the redevelopment of the easternmost 5.24 acres of Timber Ridge Village Apartments. If approved, the future redevelopment provides deed-restricted housing for up to 930 employees. Pursuant to the Town of Vail Employee Housing Strategic Plan, “The Town of Vail (community) recognizes the need for housing as infrastructure the promotes community, reduces transit needs and keeps more employees living in town and will provide enough deed-restricted housing for at least 30% of the workforce through policies, regulations, and publicly initiated development.” Staff believes the proposed major subdivision is in compliance with this criterion. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Staff Response - The proposed major subdivision will have minimal, if any, adverse impacts on the natural environment. This area has already been legally platted and subsequently developed. If approved, the subdivision merely re-subdivides five existing lots into two new lots. Staff believes the proposed major subdivision is in compliance with this criterion. Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision. X. STAFF RECOMMENDATION Development Plan The Community Development Department recommends the Town of Vail Planning & Environmental Commission, approves with conditions and modifications, the applicants’ request to establish a Development Plan, pursuant to section 12-6I-11, Development Plan Required, Housing Zone District, Vail Town Code, allowing for the redevelopment of an approximate five (5) acre portion of Timber Ridge Village Apartments, with up to 352 new deed-restricted employee housing units. Staff’s recommendation is based upon the review of the criteria and findings outlined in Section VII of this memorandum and the evidence and testimony presented before the Commission. Further, staff recommends the approval of the Development Plan carries with it the conditions of approval described in Section X of this memorandum. Staff’s recommendation is based upon the review of the criteria in Section VIII of this memorandum and the evidence and testimony presented before the Commission. Should the Town of Vail Planning and Environmental Commission choose to approve the development plan with conditions and modifications, the Community Development Department recommends the Commission makes the following findings, “Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. Proposed building setbacks provide adequate availability of light, air and open space. Proposed building setbacks provide a compatible relationship with buildings and uses on adjacent properties. Proposed building setbacks result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. Buildin gs, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. A pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. Compliance with the Vail comprehensive plan and other applicable plans.” Retaining Wall Height Variance The Community Development Department recommends the Town of Vail Planning & Environmental Commission approves the applicants’ request for a retaining wall height variance allowing for retaining walls to be constructed on the site which exceed six feet (6’) in height. Staff’s recommendation is based upon the evaluation of the criteria and findings outlined in Section VIII of this memorandum and the evidence and testimony presented before the Commission. Should the Town of Vail Planning and Environmental Commission choose to approve the retaining wall height variance request, the Community Development Department recommends the Commission makes the following findings: “That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. That the variance is warranted for one or more of the following reasons: The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title.” Final Plat The Community Development Department recommends the Town of Vail Planning & Environmental Commission forwards a recommend of approval with conditions and modifications of the applicants’ request of a major subdivision creating Lots 1 & 2, Timber Ridge Subdivision. Staff’s recommendation of approval is based upon the review of the criteria and findings outlined in section IX of this memorandum and the evidence and testimony presented before the Commission. Further, staff recommends the approval of the Final Plat carries with it the conditions of approval described in Section X of this memorandum. Should the Town of Vail Planning and Environmental Commission choose to forward a recommend of approval with conditions and modifications of the major subdivision request, the Community Development Department recommends the Commission makes the following findings, “Upon review of the request for a major subdivision creating Lots 1 & 2, Timber Ridge Subdivision, the Planning and Environmental Commission finds: That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town. That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas. That the subdivision 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.” Conditions of Approval For purposes of the following conditions of approval, the term “Developer” shall mean Vail Timber Ridge, LLC or its successors, the term “Town” shall mean Town of Vail and the term “Project” shall mean the development plan for the redevelopment of the easternmost portion of Timber Ridge Village Apartments. 1. Any approvals granted by the Town of Vail Planning & Environmental Commission (PEC) shall only be effective upon the approval date of each of the three development application requests. Should one or more of the development applications be denied or fail to be approved, then none of the applications are approved and the proposal is denied in its entirety. 2. The Developer shall submit a revised set of drawings to the Town of Vail Community Development Department for review and approval depicting the rockfall mitigation fence along the south side of Lions Ridge Loop within the property boundaries of Lot 2, Timber Ridge Subdivision. The mitigation fence shall be designed and constructed in accordance with the regulations prescribed in Chapter 12-21, Hazard Regulations, of the Town of Vail Zoning Regulations. The revised set of drawings must fully comply with the applicable regulations of the Town of Vail prior to the issuance of any building permit for the Project. 3. The Developer shall submit a detailed waste removal management and operations plan specifically describing how waste and recycling will be accommodated and managed on the site. The plan shall be submitted to the Community Development Department for review and approval prior to the issuance of a building permit for the Project. 4. The Developer shall submit an executed deed restriction for Lot 2, Timber Ridge Subdivision, approved by the Town of Vail, demonstrating compliance with Chapter 12-6I, Housing District, and Chapter 12-13, Employee Housing, Zoning Regulations of the Town Vail, prior to the issuance of a building permit for the Project. The deed restriction shall be noted on the Final Plat prior to recording the Final Plat with the Eagle County Clerk & Recorder’s Office. The deed restriction shall be recorded with the Eagle County Clerk & Recorder’s Office prior to the issuance of any Certificate of Occupancy on Lot 2, Timber Ridge Subdivision. 5. The Developer shall submit a revised architectural site plan and landscape plan to the Town of Vail Community Development Department for review and approval depicting a reconfigured fire lane/pedestrian path alignment which relocates trees from above the location of the water and sewer lines, narrows the width of the fire lane/pedestrian path to 14 feet maximum in the spaces between the fire staging areas, delineates the pedestrian portion of the path from the bicycle portion and provide physical improvements that discourages vehicles from entering onto the fire lane/pedestrian path. The revised plans shall fully comply with applicable regulations of the Town of Vail prior to the application for a building permit. 6. The Developer shall submit a construction staging plan to the Town of Vail Community Development Department for review and approval which addresses such matters as materials staging, construction parking plan, construction and occupancy phasing, temporary access, construction schedule, temporary utilities, traffic control, emergency access, etc. The Developer shall demonstrate full compliance with the applicable regulations of the Town of Vail prior to the issuance of a building permit for the Project. 7. The Developer shall record a revocable right of way permit for any and all private property improvements located with the Town of Vail right of way. Said permit shall be recorded with the Eagle County Clerk & Recorder’s Office prior to the issuance of a building permit for the Project. 8. The Developer shall submit a Shoring and Excavation Plan to the Town of Vail Community Development Department for review and approval, which addresses such matters as excavation phasing, engineered shoring plans, detailed profiles and cross-sections, existing utilities, materials storage, permanent and temporary easements, etc. The Developer shall demonstrate full compliance with the applicable regulations of the Town of Vail prior to the issuance of a building permit for the Project. 9. The Developer shall submit revised plans to the Town of Vail Community Development Department demonstrating compliance with the list of issues identified in the memorandum to George Ruther, Director of Community Development, from Tom Kassmel, Town Engineer, dated March 16, 2010 and attached for reference (Attachment E). Said plans shall be submitted for review and approval and fully comply with all applicable regulations of the Town of Vail, pursuant to the date specified with the memorandum. ATTACHMENTS A. Vicinity Map B. Timber Ridge Development Plan Application, date stamped March 11, 2010 C. Development Plan Set, date stamped March 11, 2010 D. Proposed Final Plat (Timber Ridge Subdivision), date stamped February 11, 2010 E. Memorandum to George Ruther, Director of Community Development, from Tom Kassmel, Town Engineer, dated March 16, 2010.