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HomeMy WebLinkAbout2005-10-18 Support Documentation Town Council Work SessionTOWN COUNCIL WORK SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 1:00 P.M., TUESDAY, OCTOBER 18, 2005 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. George Ruher ITEM/'1'OPIC: PEC/DRB Update (30 min.) 2. Peter Runyon ITEM/7'OPIC: Home Rule Presentation. (20 min.) 3. Matt Mire ITEM/TOPIC: Discussion of First reading of Ordinance No. 24, Series George Ruther of 2005, an ordinance deleting Title 4, Chapter 4, Articles A and B, Vail Town Code as they relate to time share disclosure and registration requirements; amending Title 12, Zoning Regulations, to clarify the time share regulations, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 24, Series of 2005 on first reading. BACKGROUND RATIONALE: On September 12, 2005, the Town of Vail Planning and Environmental Commission held a public hearing on the proposed amendments. Upon review of the amendments, the Planning and Environmental Commission voted 7-0-0 to forward a recommendation of approval of the request to the Vail Town Council. Please refer to the staff memorandum to the Vail Town Council dated October 18, 2005, for further details. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 24, Series of 2005. 4. Warren Campbell ITEM/TOPIC: A work session to discuss Ordinance No. 25, Series of 2005, an ordinance repealing and reenacting Ordinance #9, Series of 1998 amending Special Development District No. 22, Grand Traverse, and setting forth details in regard thereto. (60 min.) ACTION REQUESTED OF COUNCIL: Listen to a presentation by Staff and the applicant and engage in a discussion regarding the proposed amendments to Special Development District No. 22, Grand Traverse. BACKGROUND RATIONALE: On September 26, 2005, the Town of Vail Planning and Environmental Commission held a public hearing on a request to amend Special Development District No. 22, Grand Traverse. The purpose of the amendment to the Special Development District is to eliminate the Gross residential Floor Area limitations within the Grand Traverse residential development and increase the number of lots from 22 to 23 lots. Upon review of the request, the Planning and Environmental Commission voted 4-0-0 to forward a recommendation of approval ~of the request to amend Special Development District No. 22, Grand traverse, to the Vail Town Council. Please refer to the staff memorandum to the Vail Town Council dated October 18, 2005, for further details (attached). STAFF RECOMMENDATION: The Community .Development Department recommends that the Vail Town Council tables the public hearing on Ordinance No. 25, Series of 2005, until November 1, 2005. 5• ITEMlTOPIC: Information Update. (10 min.) West Vail Planning Update • Development Update 6• ITEM/TOPIC: Matters from Mayor & Council (30 min.) 7. Matt Mire ITEMlTOPIC: Executive Session. Pursuant to C.R.S Section 24-6-402(4)(b), Conference with Town Attorney for the purpose of receiving legal advice on specific legal questions; and C.R.S. Section 24-6-402(4)(a)(e), to determine a position, develop a strategy, or to instruct negotiators regarding the purchase or acquisition of real property. (25 min.) ITENUTOPIC: Adjournment. (3:55 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 12 NOON, TUESDAY, NOVEMBER 1, 2005 IN THE VAIL TOWN COUNCIL CHAMBERS. Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING October 10, 2005 TON~+IQFVAb , PROJECT ORIENTATION -Community Development Dept: PUBLIC WELCOME MEMBERS PRESENT Chas Bernhardt Doug Cahill Anne Gunion _ Bill Jewitt Rollie Kjesbo George Lamb David Viele Site Visits: MEMBERS ABSENT 1. Webb Office - 710 Lionshead Circle 2. Hassett Residence -1895 Gore Creek Drive 3. Taggart Residence - 4110 Spruce Way Driver: George Public Hearing -Town Council Chambers 12:00 pm 2:00 pm 1. A request for a worksession to discuss a recommendation to the Vail-Town Council for proposed text amendments to Title 11, Sign Regulations; Title 12, Zoning Regulations; Title 13, Subdivision Regulations; Title 14, Development Standards Handbook; Vail Town Code, (a more complete description of the request is available for review at the Community Development Department) for proposed corrections and clarifications to the Vail Town Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Rachel Friede ACTION: Tabled to October 24, 2005 , MOTION: Lamb SECOND: VOTE: 7-0-0 Rachel Friede presented the memorandum, detailing the changes that Staff had made since subsequent meetings. Some discussion ensued regarding the difference between "substantial improvement" as is included in the Hazard Regulations, and "demo/rebuild". Bill Jewitt commented that he disagreed with certain aspects of public parking/convention center parking, as each was listed in the Code. 2. A request for a final review of a variance from Section Parking, pursuant to Chapter. 12-17, Variances, Vail addition, located at 4110 Spruce Way/Lot 24, Block details in regard thereto. Applicant: Michael and Elizabeth Taggart Planner: Matt Gennett ACTION: Approved 12-6F-8, Density, and Section 12-6F-11, Town Code, to allow for a residential 3, Bighorn Addition 3, and setting forth MOTION: Kjesbo SECOND: Lamb Page 1 VOTE: 7-0-0 Matt Gennett presented the project according to the memorandum. No Commissioner comment was added. The applicants were unable to attend the meeting, therefore no comment was added. No public comment was added. Mr. Cahill asked Staff if the applicant had complied with Staff's requests and concerns regarding the design, which Matt answered affirmatively. 3. A request for a final review of a conditional use permit, pursuant to Section 12-7H-4, Permitted and Conditional Uses, Second Floor and Above, Vail Town Code, to allow for a professional office located on the second floor, located at 710 Lionshead Circle, Units .A and B (Vail Spa)/Lot 1, Block 2~, Vail Lionshead Filing 3, and setting forth details in regard thereto. Applicant: Kyle and Lorraine Webb Planner: Matt Gennett ACTION: Approved MOTION: Kjesbo SECOND: Viele VOTE: 7-0-0 Matt Gennett presented the project according to the memorandum. Doug Cahill asked if any permanent second floor office spaces existed currently. Matt commented that he wasn't aware of any such long-term uses. Rollie Kjesbo asked if clarification on the kitchen would be necessary. Doug Cahill confirmed that if Staff could approve that request when it was submitted, that would be fine. He stated that the upcoming request was essentially already reviewed positively by the Commission members. 4. A request for a final review of a variance, from Chapter 14-3, Residential Access, Driveway and Parking Standards, and Section 12-6D=6, Setbacks, Vail Town Code, pursuant to Chapter 12- 17, Variances, Vail Town Code, to allow for the construction of a garage within the front setback and the construction of two curb cuts, located at 1895 Gore Creek Drive/Lot 26, Vail Village West Filing 2, and setting forth details in regard thereto. Applicant: Nancy Hassett, represented by Fritzlen Pierce Architects Planner: Elisabeth Eckel Front Setback Variance request ACTION: Approved with conditions MOTION: Kjesbo SECOND: Lamb VOTE: 6-1 (Gunion opposed) Residential Parking Standards Variance request ACTION: Approved with conditions MOTION: Kjesbo SECOND: Bernhardt VOTE: 5-2-0 (Gunion and Cahill opposed) 1. This approval shall be contingent upon the applicant receiving Design Review Board approvalof the design review application associated with this variance request. 2. Prior to final design review approval, the applicant shall submit a topographic survey which reflects the data from the most recently revised 100 year flood plain survey. 3. The applicant shall ensure that the Design Review Board submittal reflect no more than a total of twenty four feet (24') of pavement for both curb cuts. Page 2 ~ Elisabeth Eckel gave a presentation based upon the"contents of the staff memorandum. Lynn Fritzlen spoke on behalf of the applicant and addressed the variance request for the allowance of a second curb cut. She stated it would be advantageous for the applicant to be able to pull out facing forward rather-than backing out. Chas Bernhardt asked how they came up with 24' for the total space required for the curb cut. Lynn Fritzlen responded it is a standard for this type of driveway. Pat Dauphinais spoke on behalf of himself and an adjacent property owner, Nicholas Emigholz, and stated they are both in favor of both of the variance requests. Doug Cahill asked the applicant's representative how large the landscape island is between the two proposed curb cuts. Lynn Fritzlen responded it is 8' wide by 36' long. Bill Jewitt asked how much paved area there would be with ahammer-head instead of the two curb cuts. Lynn Fritzlen replied that it would be about the same. Bill Jewitt said he does not like the idea of two curb cuts, but if it results in more landscaping then it would be preferable. Rollie Kjesbo asked why PW is not in favor of two curb cuts. Elisabeth Eckel responded it is more the Planning Department than PW that is not in favor of the two curb cuts. Rollie Kjesbo stated he is in favor of two curb cuts for safety reasons. George Lamb concurred. Anne Gunion stated she disagrees with the other commissioners on the double curb.. cut and is not in favor of granting either variance. David Viele articulated his support for both variance requests based upon the criteria and findings for a variance. Chas Bernhardt stated he is also in favor of both variance requests based upon similar variances having been granted in the past for neighboring properties, and for safety reasons. Doug Cahill stated he is in favor.of the variance request for the garage located in the front setback, but is in opposition of the variance. for two curb cuts. 5. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, and a final review of a conditional use permit, pursuant to Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, and . 12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code; and final review of architectural deviations, pursuant to Section 8.3.3.A, Review Criteria for Deviations to the Architectural Design Guidelines for New Development, Lionshead Redevelopment Master Page 3 Plan, to allow for the development of 107 multi-family residential dwelling units, located at 728 West Lionshead Circle/Lot 2, West Day Subdivision, and setting forth details in regard thereto. Applicant: Vail Corp., represented by Braun Associates, Inc. Planner: Warren Campbell ACTION: Tabled to October 24, 2005 MOTION: Viele SECOND: Jewitt .VOTE: 7-0-0 Warren Campbell gave a presentation per the staff memorandum, highlighting the changes that had occurred to the plan since the previous meeting. Jay Peterson; and Tom Braun gave a presentation outlining the changes that had been made to the height of the building since the last meeting.. The solution for screening the mechanicals on the roof, the height of the landmark tower, and the flat areas were described in detail. They also discussed the architectural changes made to the southeast corner of the structure and the addition of several roof-top terraces. Finally, the pedestrian connection between the Ritz Carlton Residences and the Marriott for the use of Vail Spa was discussed. Jim Lamont stated he was comfortable with the physical model but it will be useful to have a digital model of the proposed structure when performing a master planning process in West Lionshead. Several members of the Commission expressed concerns about the height deviations being requested for the mechanical screening solution and the landmark tower. Several members felt that the height deviations requested did not meet the criteria provided in Resolution 18, Series of 2004. Other members expressed thoughts .that the mechanical screening solution was appropriate. In general, the Commission was comfortable with the amount of flat roof on the structure, but directed staff to look deeper into the.thought behind the 500 square foot limit found in the Master Plan. The Commission felt that the landmark feature should be something other than another clock tower as several currently exist within Town. It was suggested that public art should be incorporated into the project and that the Art in Public Places Board should be consulted. A concern was raised that the eaves of the roof around the structure be broken up with some extending further than others. In response to the need for a digital model several members felf that a project of this size should have a digital model, however, other felt that the physical model was adequate. The general consensus was that a computer model should be started with the ultimate goal of using the model in the study of the master planning for the new properties acquired by Vail Resorts in West Lionshead, not for the final review and approval of the proposed Ritz-Carlton Residences.. In the future digital models should be mandatory for larger projects with a physical model being secondary and constructed only if needed to make a more informed decision. 6. A request for final review of a final plat, pursuant to Chapter 13-4, Minor Subdivisions, Vail Town Code, to allow for the subdivision of the Conference Center development site; final review of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for a public convention facility and public parking facilities and structures; and final review of architectural deviations, pursuant to Section 8.3.3.A, Review Criteria for Deviations to the Architectural Design Guidelines for New Development, Lionshead Redevelopment Master Plan, to allow for a public convention facility and public parking facilities and structures, located at 395 East Lionshead Circle/ Lot 1, Block 2, Vail Lionshead Filing 1, Lot 3 and 5, Block 1, Vail Lionshead Filing 2, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Pylman & Associates, Inc. Planner: Bill Gibson ACTION: Tabled to October 24, 2005 MOTION: Viele SECOND: Jewitt VOTE: 7-0-0 Page 4 7. A request for a correction to the Vail Land Use Plan to designate the Lionshead Redevelopment Master Plan Area, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson ACTION: Tabled to October 24, 2005 MOTION: Viele SECOND: Dewitt VOTE: 7-0-0 ' 8. A request for a recommendation to the Vail Town Council for a rezoning of Lots 1-3, Vail das Schone Filing 1', Lot 1 and Vail das Schone Filing 3 from Commercial Core 3 (CC3) fo Public Accommodation (PA), located at 2211 North Frontage Road/Lots 1-3, Vail das Schone fling 1 and 3, and setting forth details in regard thereto. Applicant: Vanquish Vail I LLC, represented by Bharat Bhakta Planner: Matt Gennett ACTION: Tabled to November 14, 2005 MOTION: Viele SECOND: Dewitt . VOTE: 7-0-0 9. A request for a final review of a conditional use permit, pursuant to~Section 12-7B-5, Permitted and Conditional Uses; Above Second Floor, Vail Town Code, to allow for the operation of a private club, located at 333 Hanson Ranch Road/Lot C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Remonov & Company, Inc., represented by Knight Planning Services, Inc. Planner: Warren Campbell ACTION: Withdrawn 10. A request for a final review of a text amendment to Section 12-7A-7, Height, Vail Town Code, pursuant to Chapter 12-3, Amendments, to increase the height limitation for a sloping roof from 48' to 56' in the Public Accommodation zone district, and setting forth details in regard thereto. Applicant: Mauriello Planning Group, LLC Planner: George Ruther ACTION: Wijthdrawn 11. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, and a final review of .a conditional use permit, pursuant to Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code, to allow for the development of 106 multi-family residential dwelling units, located at 728 West Lionshead Circle/Lot 2, West Day Subdivision, and setting forth details in regard thereto. Applicant: Vail Corp., represented by Braun Associates, Inc. Planner: Warren Campbell ACTION: Withdrawn 12. Approval of September 12, 2005 minutes .MOTION: Viele SECOND: Dewitt VOTE: 7-0-0 13. Approval of September 26, 2005 minutes MOTION: Viele SECOND: Dewitt VOTE: 4-0-3 14. Information Update 15. Adjournment MOTION: Kjesbo SECOND: Viele VOTE: 7-0-0 Page 5 ~< The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published October 7, 2005, in the Vail Daily. Page 6 DESIGN REVIEW BOARD AGENDA October 12, 2005 ~~F~~ ~ 3:00 P:M. PUBLIC MEETING PUBLIC WELCOME PROJECT'ORIENTATION /LUNCH -Community Development Department MEMBERS PRESENT Sherry Dorward Pete Dunning Lynne Friztlen Joe Hanlon Margaret Rogers MEMBERS ABSENT SITE VISITS 1. D.E.I., LLP -1763 Alpine Drive 2. Ritz Carlton Residences - 728 West Lionshead Circle 3. Four Seasons Hotel -13 Vail Road 4. Bridget Properties - 292 East Meadow Drive 5. White Rock Properties East Vail LLC - 4057 Lupine Drive 6. Racquet Club Owner's Association - 4695 Vail Racquet Club Drive Driver: Bill 12:OOpm 2:OOpm PUBLIC HEARING -TOWN COUNCIL CHAMBERS Flussenheim Townhomes DRB05-0456 Final review of a minor alteration (re-roof) 3000-3008 South Frontage Road West/Lot 1, Block 5, Vail Intermountain Subdivision Applicant: Flussenheim Townhomes, represented by Brenda Parks ACTION: Denied MOTION: Dunning SECOND: Hanlon VOTE: 5-0-0 3:OOpm George Bill MOTION: Hanlon SECOND: Dorward VOTE: 4-0-1 (Fritrlen recused) 2. White Rock Properties East Vail LLC DRB05-0262 Final review of new construction (new two-family residence) 4057 Lupine Drive/Lot 4, Bighorn Subdivision Applicant: White Rock Properties East Vail LLC, represented by William Restock ACTION: Tabled to October 19, 2005 3. D.E.L, LLP DRB05-0482 George Final review of a minor alteration (exterior changes -new siding) 1763 Alpine Drive/Lot 33, Vail Village West Filing 1 Applicant: Don Gury ACTION: Tabled to October 19, 2005 MOTION: Hanlon SECOND: Fritrlen VOTE: 5-0-0 Page 1 4. Vail Conference Center DRB05-0010 Bill Conceptual review of new construction (new conference center) 395 South Frontage Road/Lot 1, Block 2, Vail Lionshead Filing 1, Lots 3 and 5, Block 1, Vail Lionshead Filing 2 Applicant: Town of Vail, represented by Pylman ~ Associates Inc. ACTION: Conceptual - No Vote (Dorward recused) 5. Montauk Seafood Grill Deck DRB05-0411 George Final review of a minor alteration (landscaping) 549 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1 Applicant: Bob and Diane Lazier, represented by Tom Ludwig ACTION: Approved MOTION: Hanlon SECOND: Dunning VOTE: 5-0-0 6. Racquet Club Owners' Association DRB05-Q519 Matt Final review of a minor alteration (landscaping) 4695 Vail Racquet Club DriveNail Racquet Club Condominiums, unplatted Applicant: Racquet Club Owners' Association, represented by Matt Ivy ACTION: Approved MOTION: Hanlon SECOND: Dunning VOTE: 5-0-0 7. Vail. Village Urban Design Guide Plan DRB05-0329 Warren Final review of.an amendment to the Vail Village Urban Design Guide Plan, to allow for changes to the Architectural/Landscape Considerations for building colors, and setting forth details in regard thereto. Applicant: Vail Chamber Business Association, represented by Kaye Ferry ACTION: Tabled to October 19, 2005 MOTION: Hanlon SECOND: Dunning VOTE: 5-0-0 8. Vail Development, LLC DRB05-0544 Matt . Final reviewof aminor alteration (landscaping Four Seasons Hotel) 13 Vail Road sand 28 South Frontage Road/Lots A, C, Vail Village Filing 2 Applicant: Vail Development, LLC, represented by T.J. Brink ACTION: Approved MOTION: Fritzlen SECOND: Hanlon VOTE: 5-0-0 Staff Approvals Padnick Residence DRB05-0480 Elisabeth Final review of a minor alteration (windows, deck) 1616 Buffehr Creek Road, Unit B17Nalley Condominium Subdivision Applicant: Danny Padnick Scolnick Residence DRB05-0502 Warren Final review of change to approved plans (foundation) 2935 Basingdale Boulevard/Lot 19, Block 6, Vail Intermountain Subdivision Applicant: Jay Scolnick, represented by Lawrence Architecture, Inc. Tyrolean Chalet, LLC DR605-0469 Matt Final review of change to approved plans (revised landscape plan) 400 East Meadow Drive, Unit 9/Lot 5D, Block 5, Vail Village Filing 1 Applicant: Tyrolean Chalet, LLC, represented by Michael Suman Architect LLC Page 2 OML Investments DRB05-0509 Final review of a minor alteration (deck) 996 Ptarmigan Drive/Lot 2, Block 4, Vail Village Filing 7 Applicant: OML Investments, represented by Scott Ziegler Joe Bell Residence DRB05-0511 Joe Final review of a minor alteration (re-roof) 2427 Chamonix Lane, Unit 2/Lot 22, Block A, Vail das Schone Filing 1 Applicant: Brendan Bell Slinkman Residence DRB05-0510 Joe Final review of a minor alteration (re-roof) 2627 Arosa Drive/Lot 9, Block C, Vail Ridge Subdivision Applicant: Kendall and Jean Slinkman, represented by TCC Roofing Contractors, Inc. Valley Condominiums DRB05-0501 Final review of a minor alteration (re-roof) 1516 Buffehr Creek Road/Valley Condominiums Applicant: Valley Condominiums, represented by Chip Domke Joe Fischer Residence DR605-0455 Bill Final review of change to approved plans (driveway) 4315 Bighorn Road/Lot 6, Block 3, Bighorn Subdivision Applicant: Steve;Fischer, represented by John G. Martin, Architect, LLC Town of Vail/Eagle River Water and Sanitation District DRB05-0463 Bill Final review of a minor alteration (revegetation plan and structure associated with raw water intake) 530 South Frontage Road/Ford Park, unplatted Applicant: Town of Vail and Eagle River Water and Sanitation District, represented by Mauriello Planning Group Town of Vail/Eagle River Water and Sanitation District DRB05-0464 Bill Final review of a minor alteration (revegetation plan and structure associated with raw water intake) 1600 South Frontage Road/lower bench Donovan Park, unplatted Matterhorn Applicant: Townof Vail and Eagle River Water and Sanitation District, represented by Mauriello Planning Group ' Town of Vail -Memorial Park DRB05-0500 Warren Final review of a minor alteration (landscaping) Katsos Ranch Road Applicant: Town of Vail, represented by LAM Tree Service Raiola Residence DRB05-0496 (deck railing design) Elisabeth Final review of change to approved plans 1807 Alpine Drive/Lot 44, Vail Village West Applicant: Jay R~iola Coldstream Condominium Association DRB05-0513 Elisabeth Final review of a residential addition (deck enclosure) 1476 Westhaven Drive/Glen Lyon Subdivision Applicant: Coldstream Condominium Association, represented by Fritzlen Pierce Architects Page 3 Johnson Residence DRB05-0495 Final review of a minor alteration (landscaping) 1195 Hornsilver Circle/Lot 14, Block 6, Vail Village Filing 7 Applicant: Susan Johnson, represented by Colorado's Landscaping Company Powderhound Central, LLC DR605-0514 Final review of a minor alteration (deck) 3850 Fall Line Drive/Lot 1, Pitkin Creek Townhomes Applicant: Powderhound Central, LLC, represented by Marcia Santaga McGlynn/Soden Residence DRB05-0507 Final review of change to approved plans (roof design) 5128 and 5130 Grouse Lane/Lot8, Block 1, Gore Creek Subdivision Applicant: Ethel McGlynn and Catherine Soden Kort Residence DRB05-0499 Final review of a ;minor alteration (deck) 1467 Greenhill Court/Lot 10, Glen Lyon Subdivision Applicant: Hiltow and Phillippa Kort, represented by Landscape Technology Group Scotch on the Rockies DRB05-0486 Final review of a sign 143 East Meadow Drive/Lot E1, Vail Village Filing 1 Applicant: Kenneth Harding, represented by Susan Swimm Countrywide Home Loans DRB05-0405 Final review of a sign 288 Bridge Street, #225/Lot D, Block 5A, Vail Village Filing 1 Applicant: ,Countrywide Home Loans, represented by Phyllis Daino Baker Residence DR605-0503 Final review of a residential addition (deck enclosure) 141 West Meadow Drive/Lot D2, Vail Village Filing 2 . Applicant: Alfred and Mary Baker, represented by RAL Architects Lot 4, Forest Place DR605-0504 • Final review of change to approved plans (deck, window) 615 Forest Place~Lot 4, Forest Place Subdivision Applicant: Glendore Development, represented by Larry Deckard Warren Warren Warren Elisabeth Matt Elisabeth Elisabeth Bill Spruce Creek Townhome Association DR605-0525 Warren Final review of change to approved plans (balcony rail design) 1750 South Frontage Road/Spruce Creek Townhomes, Unplatted Applicant: Spruce Creek Townhomes @ Vail Condominium Association, represented by TRD Architects Stolzer Residence DR605-0523 Warren Final review of a minor alteration (landscaping) 338 Rockledge Road/Lot 1, Block 1, Vail Village Filing 3 Applicant: L.W. Stolzer Page 4 '~ Stephanoff Residence DRB05-0526 Warren Final review of a minor alteration (window) 1480 Buffehr Creek Road, #1A/Phase III, Tract B, Lion's Ridge Filing 2 . Applicant: Robert Stephanoff Creekside Condominiums DRB05-0528 Final review of change to approved plans (exterior changes) 223 East Gore Creek Drive/Lot A, Block 56, Vail Village Filing 1 Applicant: Switzer Family LP, represented by Mike Hallenback Warren Eagle River Water and Sanitation District DR605-0545 Joe Final review of a minor alteration (drain repair) 1600 South Frontage Road/West Vail Well site No. 7/Unplatted Donovan Park, lower bench Applicant: Eagle River Water and Sanitation District Baltz Residence DRB05-0535 Final review of changes to approved plans (parking spaces) 3786 Lupine Drive/Lot 6, Bighorn Subdivision 2"d Addition Applicant: Steve and Marty Baltz, represented by.D.H. Ruggles Warren Bridget Properties DR605-0505 Bill Final review of a minor alteration (windows) 292 East Meadow Drive, Unit 108 (Mountain Haus)/Block 5, Vail Village Filing 1 Applicant: Bridget Properties, Inc. Himmes Residence DRB05-0524 Bill Final review of a minor alteration (deck) 2456 Chamonix Lane, Unit B4/Lot 5, Chamonix Chalets Applicant: James and Elizabeth Himmes Forstner/Moosburger Residence DRB05-0521 Bill Final review of a minor alteration (stairs) 4325 Spruce Way/Lot 5, Block 3, Bighorn 3`d Addition Applicant: Karl Forstner and Cecilia Moosburger • Vail Corp. DRB05-0339 Matt Final review of ngw construction (prefabricated steel building) 862 South Frontage Road/Tract B, South Frontage Road Subdivision Applicant: Vail Corporation, represented by Public Service Company of Colo. Forstl Residence DR605-0522 Bill Final review of change to approved plans (windows) 2714 Larkspur Lane/Lot 4, Block 3, Vail Intermountain Subdivision Applicant: Andrew Forstl Cassidy Residence DRB05-0531 Warren Final review of a minor alteration (landscaping) 4207 Columbine Drive/Lot 19B, Bighorn Subdivision Applicant: Patrick Cassidy, represented by Chip Domke Page 5 Hovey Residence DR605-0481 Final review of a minor alteration (landscaping) 1339 Westhaven Circle/Lot 23, Glen Lyon Subdivision Applicant: Nancy; Hovey George The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing .Impaired, for information. Page 6 ORDINANCE NO. 24 Series of 2005 AN ORDINANCE DELETING TITLE 4, CHAPTER 4, ARTICLES A AND B, VAIL TOWN CODE AS THEY RELATE TO TIME SHARE DISCLORE AND REGISTRATION REQUIREMENTS; AMENDING TITLE 12, ZONING REGULATIONS, SECTION 12-2-2, DEFINITIONS, SECTION 12-6H-3, CONDITIONAL USES, HIGH DENSITY MULTIPLE-FAMILY ZONE DISTRICT; SECTION 12-7H-4, PERMITTED AND CONDITIONAL USES, SECOND FLOOR AND ABOVE, LIONSHEAD MIXED USE 1 ZONE DISTRICT; SECTION 12-10-10, PARKING REQUIREMENTS SCHEDULES; TITLE 13, SUBDIVISION REGULATIONS, SECTION 13-2-2 DEFINITIONS, FOR PROPOSED AMENDMENTS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, The Town of Vail time-share disclosure and registration regulations were adopted in 1980, 'and are outdated; and WHEREAS, since 1980, the State of Colorado has adopted revised consumer protection laws relating to time-share disclosure and registration requirements which superseded the Town's regulations; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Town Code of the Town of Vail; and WHEREAS, on September 12, 2005, the Planning and Environmental Commission held a public hearing and found that the proposed amendments further the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this text amendment at its September 12, 2005, meeting, and has submitted its recommendation to the Town Council; and WHEREAS, the Vail Town Council finds that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Ordinance No: 24, Series of 2005 Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds that the amendments further the general and specific purposes of the Zoning Regulations; and WHEREAS, the Vail Town Council finds that the amendments promote the health, safety, morals, and general welfare of the Town and promote 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 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this Ordinance is to delete Title 4, Chapter 4, Articles A and B, Vail Town Code as they relate to time share disclosure and registration requirements and to amend Title 12, Zoning Regulations, to implement the prescribed time share regulations Section 2. Title 4, Chapter 4, Articles A and B, Vail Town Code shall be deleted in its entirety. Deletions are shown in st~ile~. A_AA_1• ADDI I~`ARII ITV• CYC~ADTIrIAIC• ~~nie• ArFinle .+nnlioe• fn nll ~irno_ch~rc ~ ~ni}n ..~T,~.~11 iamr~rwivvc-tnm ~'-'--r`z, n n n n n , j ~ ~ Ordinance No. 24, Series of 2005 2 Q-11r"rz~'-FZi'~NS 6~~~~IN~ ~T~~PiT. r~~ni~oei ~on~ncinnic r,-~~- ~ mi+n nffe rorl in }hn n}.,+emon+• ' v v~iv~vV ~~~ a~lV~gtiy~'r 1 1 1 1 ~ ~s~-a~i~~i#s-e~eF he ..me nr -G~ P ~~ dP IB ° ~ i f n•cn+• 1 1 - 7~ 1~ ~tFi . . . Pc ~7 Ft-L '- The fiinoe. ..nrl n~ ~m .7 f+v ~I~~~i#isa~isfl-ef dni#~ her of ~ ~ni+e~ ~ -fha+ ^re +~,.. invoc~+n re.• T7'f~1VTS . - . t ~ ~ t 1 Ordinance No. 24, Series of 2005 ~7~ .~ rec~enie fn- re nr~irc~ r+nrl ronlr.nemen+ ~~a aw...i u ~aevvi~v~vr-rv ~ ~~c ^±~+emcn+ of ~nv V+hor re c~onien 1-It~ ~~#e-~re}es~sss~e*pe~se~sbi~~;~ ea^h +~n^ "es~et^uises~enses~er ea^~ +~~„~; • , +imo_c~~+~+ro ~ ~ni+e~~ 17T7 ~ .~ rlc~iclnncr h.~e ~nfi ~~I Ln^udor~lno• Ordinance No. 24, Series of 2005 e~AFFleFS; • , B ~~ ire f1f~cTnM.~nn c,Dr~nrr+m If An~i• If tl~o 4ime n~h~.+r~rt rV'VC '~~ s ~ r i ~ Ordinance No. 24, Series of 2005 Ordinance No. 24, Series of 2005 A ~A ~:I'lrlr`II~ACAITC T/'1TCAAI000~G r~r~ ^f roe•.+Ice• by L'on+i~n A AN 7 F+{•~' Ah' I F rrr°.fH:S~flF-E~'} e'F-FeS~Fa~Trr9fltti~~^ &cF9F1 vfrirrc+siFl~arc°; ~~'Y~ ~~tr'~~}t-tFY'~-Vt11 ~Y~t~°S~u~Qp~~~ime r•h..re r.~~mern• nrl t Ordinance No. 24, Series of 2005 n~ ~rren# ~nrl the nev4 e•i ~nneerlinn fie•n.el ve.e r• t c~~4crr~c n• if ~n~i fr~r 4he nrr,nerfir t f f Ordinance No. 24, Series of 2005 ~ $ FRTG~ ~G'rZT~°~i~~i .~tFGfT{.~F irlen4i~or1 ~~neerl n~4 he L.~.~14~~ ra ci izi iTCCro~--rrc A_~A_~I1• I'1CVC1 r1DC~~C ~1Q1 ~rATI/'1A1 T/'1 /'~/'111A1'11 rTr 111AD~nVC~ACAITC Ordinance No. 24, Series of 2005 ine~fr~ ~menf .~nrl r+r~rv+n~i~n..l m.+}e ri.+le~ 4 ~e~~o€ n~T~c ono vin~n~,~e~. ft-7t7~'i~a~~CP ~P/tliG~. TL~o T~~ein in ~r~rli4inn ~r~ ~4L~er r ~rrcTVtrrr~rruvvrcrvmv-vcrTCrr emerli~n r. ..~rl.~. rl m..~i ~ ~ r ~ ~ ~ > > > > i ~ Q~ ~i lrlinn Dormi4 \A/i4F~F~olr1~ Aln h~ ~ilrlinn no rmi~ c+F~.~ll ho i~~~ ~crl fnr .env In4 ~+r B cn~rm~-~~rrnT c n~-rrc-~rrcrrrvc-r~av~v'rvrurry~mvr > > ~ ~ ~ r1~m~i+oe~ fr~ty~ .erni +~-~ncfornr uih~ vi~l~~oc~ Oho n rn~iic inn s ~f +hie Arii nle Ar~r~r~~i~l \A/i4hr~r.~~~in~ Tho Dl~nni nn ~nr) ~~iir~~~n m m ~~~~y` ~ rt i o f t i ~ i Ordinance No. 24, Series of 2005 ~ ~ L~E•RI'tP~rT1Vt£t'~"F ~ ftC.~-~~^G~T~TTi~TCT~~~e~ mennc+ il~e nen.+r4mnn~ of (~nmm~~nifi n n n n n n' . d._dR ~Q• ADDI If`ATI/'lAl DC/'11 IIDC11/ICAITQ• ~4-~B~n~~ien: Fef the-p~~e~~~,;;~ ~esiin~,.,~a~ nn+•., ~p/-~~ _rto n~ I Ordinance No. 24, Series of 2005 11 •, rlen.~rfmcn}• . 4 D verifier! a}.~fnmenf chn.~i nn 11 nne~fe~ 'n..nlvoi} 'n nmm~lefinn fho n nnerh. ... ......., v-~icn~rrcnrvnmr~ir~y-~irrw~-irrvvrvcu-rrr-vvmprccrrrgznc-.p~vpcr~T 7 A ..e rifler} nn}i rv~r~fe of }he }ime nmm~le}inn of nnn fri .n}inn of }he nrn ner}.. ~ If fhe n..rnh~cer4. 'fi ~nrlr• .ere }n he ..filiverl fnr }he nnnefr..n}inn of 4he nrenerfi. .ten .~..fhnri~erl }n rln h. a~+inec~c u.ifhin }he C}~}o .~.hinh nrn..irlec fh~}• n rlie. h..rc~emenf of n..rnh~c~ero~ f..nr}c mrw he mnrle frnm }ime }n fime }n nrw fnr r ~ i ~ fw }he Ie.~r}er of nnnn}run}inn f. mrln nr }he ec~nrnu. r+nen}• r ~ s ~ ~ i Ordinance No. 24, Series of 2005 ~ 2 ftiic• ArFinle ~nrl 4F,e 11c n.+r}men4~c. n le A_AR ~• VIr11 ATI/lAl• n~onorne~r.~r w^TI/lAl• ~ r~ v . v nat~ rri~si v , v Cr`rtr~ci-tyr~raF H Fb~-rvr~ ~ ' ~ . Ordinance No. 24, Series of 2005 13 • , imn~irinn rin4~fn r.f n~ •rnl•»norn .+f 4F~c n'.rnel• i n rrlor rolr~4inn fn +~,.~4 n~rnel• nr > > A Drmm~tc ~lk+icn•ivcc•~ TF~e Plnn.~rFmcn+ m~~i r~rlnn4 .~mcnrl ~nrl rcner~l n doe r~nrl • r ,B• Cile C~ •i~• If ii .+nno~+rn ~~~+~ ~+nv nere•nn I•~nn enn.~nerl i~ enn ~ninn nr i~+ ~hn• ~i in .,,... •~ •. ,.rr...,~......., .,...~ r.,..,.,.. •...., ....~_~.,.., ... _..~_~...~, Ordinance No. 24, Series of 2005 ~ 4 Section 3. Title 12, Zoning Regulations, Vail Town Code is hereby amended as follows: (additions are shown in bold/deletions are shown in s#~+igf~) Section 12-2-2, Definitions TIME-SHARE UNIT; A dwelling unit which includes a fractional fee, time-share estate, or time-share license as approved by the Town of Vail. No offer of a fractional fee, time- share estate, or time-share license in a time-share unit shall be made except pursuant to an Application for Registration and Certification as a Subdivision Developer of a time- share program or an exemption from registration approved by the State of Colorado Real Estate Commission pursuant to C.R.S. 12-61-401 et seq. and the Rules and Regulations promulgated pursuant thereto. Within ten (10) days after receipt of a written request, the Ordinance No. 24, Series of 2005 15 developer of atime-share unit shall provide to the staff of the Department of Community Development a copy of the Application or request for exemption filed with the State of Colorado Real Estate Commission and/or evidence of approval of the Application or request for exemption. 12-6H-3: CONDITIONAL USES: The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfast as further regulated by section 12-14-18 of this title. Churches. Dog kennel. Funiculars, and other similar conveyances. Home child daycare facility as further regulated by section 12-14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Public buildings, grounds and facilities.. Public or commercial parking facilities or structures. Public or private schools. Public park and recreation facilities. Public transportation terminals.. Public utility and public service uses. Ski lifts and tows. Time-share units. Type III employee housing units (EHU) as provided in chapter 13 of this title. 12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted Uses; Exception: The following uses shall be permitted on those floors above Ordinance No. 24, Series of 2005 16 the first floor within a structure: Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (type III (EHU) as provided in chapter 13 of this ti#le). Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. B. Conditional Uses: The following uses shall be permitted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Banks and financial institutions. Conference facilities and meeting rooms. Eating and drinking establishments. Fractional Fee Clubs. Liquor stores. Persdnal services and repair shops. Professional offices, business offices and studios. Radio, TV stores, and repair shops. Recreation facilities. Retail establishments. Skier; ticketing, ski school, skier services, and daycare. Theaters. Time-share units. T~w,e,n+,., '+ .J f +' 1 F 1 L. Additional uses determined to be similar to conditional uses described in this subsection, Ordinance No. 24, Series of 2005 17 in accordance with the provisions of section 12-3-4 of this title. Section 12-10-10: PARKING REQUIREMENTS SCHEDULES: Off street parking requirements shall be determined in accordance with the following schedules: A. Schedule A applies to properties within Vail's "Commercial Core Areas" (as defined on the town of Vail core area parking maps I and II, incorporated by reference and available for inspection in the office of the town clerk): Use Parking Requirements Dwelling unit 1.4 spaces per dwelling unit Accommodation unit ~~^^'~ ~~'°° +;.,,e_ a °,~-a„i~, #fa~etier~al~ee-~its~ Banks and financial institutions Eating and drinking establishments Fractional fee club unit 0.7 spaces per accommodation unit Hotels with conference facilities or meeting rooms 0.7 spaces per accommodation unit, plus 1.0 space per 330 square feet of seating floor area devoted to conference facilities or meeting rooms 3.7 spaces per 1,000 square feet of net floor area 1.0 space per 250 square feet of seating floor area; minimum of 2 spaces 0.7 spaces per fractional fee club unit. Hotels with conference Ordinance No. 24, Series of 2005 facilities or meeting rooms 0.7 spaces per fractional fee club unit, plus 1.0 space per 330 square feet of seating floor area devoted to conference facilities or meeting Medical and dental offices Other professional and business offices Recreational facilities, public or private Retail stores, personal services and repair shops Theaters, meeting rooms, conference facilities Time-share units rooms 2.7 spaces per 1,000 square feet of net floor area 2.7 spaces per 1,000 square feet of net floor area Parking requirements to be determined by the planning and environmental commission 2.3 spaces per 1,000 square feet of net floor area 1.0 space per 165 square feet of seating floor area 0.7 spaces per time-share unit. Hotels with conference facilities or meeting rooms 0.7 spaces per time-share unit, plus 1.0 space per 330 square feet of seating floor area devoted to conference Ordinance No. 24, Series of 2005 ~ 9 Any use not listed facilities or meeting rooms Parking requirements to be determined by the planning and environmental commission B. Schedule B applies to all properties outside Vail's "commercial core areas" (as defined on the town of Vail core area parking maps I and II, incorporated by reference and available for inspection in the office of the town clerk): Use Parking Requirements Accommodation unit (includes time= share units, f.^^+~^^^' {°° ~ ^°~~, and Banks and financial institutions Eating and drinking establishments Fractional fee club unit 0.4 space per accommodation unit, plus 0.1 space per each 100 square feet of gross residential floor area, with a maximum of 1.0 space per unit 1 space per 200 square feet of net floor .area 1 space per 120 square feet of s eating floor area 0.7 spaces per fractional fee club unit. Hotels with conference facilities or meeting rooms 0.7 spaces perfractional fee club unit, plus 1.0 space per 330 square feet of seating floor area devoted to Ordinance No. 24, Series of 2005 20 conference facilities or meeting Hospitals Medical and dental offices Multiple-family dwellings Other professional and business offices Quick service food/convenience stores Recreational facilities; public or private rooms 1 space per patient bed, plus 1.0 space per 150 square feet of net floor area 1 space per 200 square feet of net floor area If a dwelling unit's gross. residential floor area is 500 square feet or less: 1.5 spaces. If a dwelling unit's gross . residential floor area is more than 500 square feet, but less than 2,000 square feet: 2 spaces. If a dwelling unit's gross residential floor area is 2,000 square feet or more: 2.5 spaces 1 space per 250 square feet of net floor area 1.0 space per each 200 square feet of net floor area for the first 1,000 square feet of net floor area: 1.0 space per 300 square feet for net floor area above 1,000 square feet Parking requirements to be determined by the planning and Ordinance No. 24, Series of 2005 2 environmental commission Retail stores, personal services and repair shops Single-family and two-family dwellings Theaters, meeting rooms, convention facilities Time-share units 1 space per each 300 square feet of net floor area If a dwelling unit's gross residential floor area is less than 2,000 square feet: 2 spaces If a dwelling unit's gross residential floor area is 2,000 square feet or more, but less than 4,000 square feet: 3 spaces If a dwelling unit's gross residential floor area is 4,000 square feet or more, but less than 5,500 square feet: 4 spaces If a dwelling unit's gross residential floor area is 5,500 square feet or more: 5 spaces 1 space per 120 square feet of seating floor area 0.7 spaces per time-share unit. Hotels with conference facilities or meeting rooms 0.7 spaces per Ordinance No. 24, Series of 2005 22 time-share unit, plus 1.0 space per 330 square feet of seating floor area devoted to conference facilities or meeting rooms Any use not listed Parking requirements to be determined by the planning and environmental commission Section 4. Title 13, Subdivision Regulations, Vail Town Code, is hereby amended as follows: (additions are shown in bold/deletions are shown iri °°+~'~g#) 13-2-2 Definitions SUBDIVISION OR SUBDIVIDED LAND: A. Meaning: 1. A tract of land which is divided into two (2) or more lots, tracts, parcels, sites, separate interests (including leasehold interests), interests in common, or other division for the purpose, whether immediate or future, of transfer of ownership, or for building or other development, or for street use by reference to such subdivision or recorded plat thereof; or 2. A tract of land including land to be used for condominiums, +~~^ ~"^-^ ^~+^+^.. {'^^"^"'^' {^^ ' ~` +' " '' or time-share units; or 3. A house, condominium, apartment or other dwelling unit which is divided into two (2) or more separate interests through division of the fee or title thereto, whether by conveyance, license, lease, contract for sale or any other method of disposition. Ordinance No. 24, Series of 2005 23 Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect 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 6. 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 the inhabitants thereof. Section 7. The amendment of any provision of the Town 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 amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are 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, theretofore repealed. Ordinance No. 24, Series of 2005 24 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 18'h day of October, 2005, and a public hearing for second reading of this Ordinance set for the 2"d day of November, 2005, in the Council Chambers of the Vail. Municipal Building, Vail, Colorado. ATTEST: Lorelei Donaldson, Town Clerk Rodney E. Slifer, Mayor Ordinance No. 24, Series of 2005 25 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: October 18, 2005 SUBJECT: A work session to discuss Ordinance No. 25, Series of 2005, an ordinance repealing and reenacting Ordinance 9, Series of 1998 amending Special Development District No. 22, Grand Traverse, and setting forth, details in regard thereto. ~ ~ . Applicant: Pat Dauphinais, President of the Grand Traverse H.O.A. Planner: Warren Campbell 1. DESCRIPTION OF THE REQUEST The applicant, Pat Dauphinais, President of the Grand Traverse H.O.A., is requesting a work session to discuss Ordinance No. 25, Series of 2005, an ordinance repealing and reenacting Ordinance 9, Series of 1998 amending Special Development District No. 22, Grand Traverse, and setting forth details in regard thereto. The purpose of Ordinance No. 25, Series of 2005, is to remove Gross residential Floor Area (GRFA) limitations from the SDD and rely on the remaining development and architectural controls incorporated into the existing SDD and increase the number of lots within the SDD from 22 to 23 lots. The staff and applicant are requesting that the Town Council listens to a presentation by Staff and the applicant and engage in a discussion regarding the proposed amendments to Special Development District No. 22, Grand Traverse. The next step in the development review process for Ordinance 25, Series of 2005, is a public hearing on November 1, 2005. II. BACKGROUND On September 26, 2005, the Town of Vail Planning and Environmental Commission held. a public hearing on a request to amend Special Development District No. 22, Grand Traverse. The purpose of the amendment to the Special .Development District is to eliminate the Gross residential Floor Area limitations within the~Grand Traverse residential development and an increase in the number of lots from 22 to 23 lots. Upon review of the request, the Planning and Environmental Commission voted 4-0- 0 to forward a recommendation of approval of the request to amend Special Development District No. 22, Grand traverse, to the Vail Town Council. A copy of the staff memorandum to the Town of Vail Planning and Environmental Commission, dated September 26, 2005, has been attached for reference. r 111. STAFF RECOMMENDATION ' The Community Development Department recommends that the Vail Town .Council - tables the public hearing oii Ordinance No. 25, Series of 2005, .until November 1, 2005. IV. ATTACHMENTS A. Vicinity Map B. Draft of Ordinance 25, Series of 2005 C. Copy of the plat approved by PEC resubdividing Lot 5 within SDD No. 22, Grand Traverse D. Table of statistics for SDD No. 22, Grand Traverse; prepared by staff E. Memorandum to Planning and Environmental Commission dated September 26, 2005 t 2 ,.... .. . _... r: ~ ~. Ma~or.Amendment to SDD i~o. 22, ~ ,, ~~ ,. , _ . :Grand Traverse _and ~ubdiv~s~,on of Lot 5 Dauph~na~s-Moseley Subdwis,~on Filing ~1, ~ x~ ~` A I~esubdw~sion of Lots 5, 6, 7, 8, 9, and 10 Planning and: Environmental Commission -September 26, 2005 - '~ . ~. ~ .. .. ~ .. t-'/!'-g~~~ ii a±#S ~ -`V. Y~ +d..~ rif. ..•\+S ,z ~~•,:~,.;~ ~, ~ r ,f"Y:"!.ffi'"°'°~4 T. t~^'~m^^ -^-.--r: ~';'o"'Ct1t t .:-~w. '..~ ~/. 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(parcel line work is approximate) ORDINANCE N0.25 Series of 2005 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 9, SERIES OF 1998, PROVIDING FOR CHANGES TO SPECIAL DEVELOPMENT DISTRICT NO. 22, GRAND TRAVERSE, THAT CONCERN THE ELIMINATION OF GROSS RESIDENTIAL FLOOR AREA (GRFA) WITHIN THE DISTRICT AND THE NUMBER OF LOTS; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Chapter 9 of the Vail Municipal Code authorizes Special Development Districts within the Town; and WHEREAS, The Town Council approved Ordinance No. 9, Series of 1998 Special Development District No. 22, Grand Traverse; and WHEREAS, The president of the Grand Traverse H.O.A. has requested to amend the existing Special Development District No. 22; and WHEREAS, Section 12-9A-10 of the Vail Municipal Code provides procedures for major amendments to existing Special Development Districts; and WHEREAS, The applicant has complied with the requirements. outlined in Section 12-9A-10 of the Vail Municipal Code; and WHEREAS, The Special Development District provides for creativity and flexibility to allow for the development of land within the Town of Vail; and WHEREAS, There is an identified need for quality affordable housing in the community; and WHEREAS, On September 26, 2005, the Planning and Environmental Commission held a public hearing on the major amendment proposal and has recommended that certain changes be made to Special Development District No. 22, Grand Traverse; and WHEREAS, The Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and re-enact Ordinance No. 9, Series of 1998 .to provide for certain changes in Special 1 Attachment: B Development District No. 22, Grand Traverse. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 9, Series of 1998 is hereby repealed and re-enacted to read as follows: Text to be deleted is shown as s#fil~# and text to be added is shown in bold. Section 1. Amendment Procedures Fulfilled Planning Commission Report The approval procedure prescribed in Title 12, Chapter 9, Section 10(B) of the Vail Municipal Code have been fulfilled, and the Vail Town Council has received the report of the Planning and Environmental Commission recommending approval, of the proposed development plan for Special Development District No. 22. Section 2. Special Development District No. 22 Special Development District No. 22 (SDD 22) and the development plan therefore, are hereby approved for the development of Lots 1 through 19, Block 2, Lionsridge Subdivision Filing 3 within the Town of Vail consisting of 10.69 acres. Section 3. Purpose Special Development District No. 22 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail. The development is regarded as complementary to the Town by the Town Council and meets each of the design standards and criteria as set forth in Section 12-9A-8 of the Vail Municipal Code. There are significant aspects of Special Development District No. 22 that are difficult to satisfy through the imposition of the standards of the underlying Primary/Secondary Residential Zone District. Special Development District No. 22 allows for greater flexibility in the development of the land than would be.possible under the current zoning of the property. The smaller single-family lots provide the opportunity for a common 2 .• open space for the subdivision as well as the means to preserve the southerly ridge line of the property. Special Development District No. 22 provides an appropriate development plan to preserve the visual quality of the site from within the subdivision as well as adjacent properties in the community in general. Section 4: Development Plan A: The development plan for SDD 22 is approved and shall constitute the plan for development within the Special Development District. The development plan is comprised of those plans submitted by Dauphinais-Moseley Construction and consists of the following documents: , 1. Site development plan, Lionsridge Resubdivision of Lots 1-19, Vail, Colorado, Intermountain Engineering, dated July_7, 1998. 2. Conceptual landscape plan, Intermountain Engineering, dated July 7, 1998. 3. Final Plat of Lionsridge Subdivision Filing No. 5, A Resubdivision of Lots 1- 19, Block 2, Lionsridge Subdivision Filing No. 3, Town of Vail, County of Eagle, State of Colorado, sheets 1 and 2, Intermountain Engineering Limited, dated April 19, 1989, Amended Final.Plat of Dauphinais-Moseley Subdivision Filing No. 1, A Resubdivision of Lots 5, 6, 7, 8, 9 7 10, Town of Vail, County of Eagle, State of Colorado,.lntermountain Engineering, dated July 21, 1998, and Amended Final Plat: A Resubdivision of Lot 5, Amended Final Plat: Dauphinais-Mosley Subdivision Filing 1: A Resubdivision of Lots 5, 6, 7, 8, 9, and 10, Town of Vail, County of Eagle, State of Colorado, Intermountain Engineering, dated , _, 2005. 4. Construction, grading and drainage drawings for a resubdivision of Lots 1- 19, Block 2, and Lionsridge Lane, Lionsridge Subdivision Filing No. 3, Town of Vail, Eagle County, Colorado, Intermountain Engineering Limited, sheets 1-8, dated March 9, 1989. 5. Soils and Foundation Investigation for Lots 1-24, Lionsridge 5th Filing. 6. Lionsridge Color Palette, Arnold/Gwathmey/Pratt Architects, March 1990. 7. The subdivision plat for Dauphinais-Moseley Subdivision recorded August 23, 199.0, July 21, 1998, and , _, 2005. 3 B. The development standards shall be as follows: 1. Acreage: The total acreage of this site is 10.69 acres or 465,650 square feet. 2. Permitted Uses: The permitted uses for SDD 22 shall be: a. Single family residential dwellings b. Open space- c. Public roads d. Employee dwelling units as defined in Section 5, paragraph G of this ordinance. 3. Conditional Uses: ~ a. Public utility and public service uses b. Public buildings, grounds and facilities c. Public or private schools d. Public park and recreation facilities 4. Accessory Uses: a. Private greenhouses, toolsheds, playhouses, garages or carports, swimming pools, patios, or recreation .facilities customarily incidental to single-family uses. b. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of the Vail Municipal Code. c. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4 .++~+hn nir+n f.+ ref +h ~, ew+~ri~r .u~+lln /i n nr~+ innl~ ~rlinn f~ ~rrinn rh.,.,+r.,..L r~1~+n+n • i ~~~ . r..v,71.,. ~..~II fi.,inhp ~ rl7Cm~~a~ h~ ~+ ., n+ h., li.ti,i+~.d +.. „Ir,~i-~+i,r ""~ "~ ~ ~ S#et'~e ,. ~~~~ nr nn~ier c cn c~v v cr fe~fi pro/cn~no ~~i erl rlnn ca-a crn i}h nn Lc~ nnrn cv~vrv mnrn }h~+ hee~ }nrr•+nn~ n.+}in rtc ~~cn~vc~o-~crv n }hrnn nv}orinr ui~+l nr ~+imil ~vrrn-rrtrAt l rl .+ i onnninn of nn} In es }he n 7L'.0% of }ho linn~l nnrimo}n r of }ho ~+rn of irJ s r ~ ~ '±Ilni~i~±nne fnr ~ r~ilinn of ~ ~n }n } hrco fnn} in hoinh} e ~addafie-~e-t#~e-a~sve;~e~r-f~n~fed-meet~i~e~a~rti-fee~~es~-,~~~;+;^,.~~ 65. Setbacks: Minimum setbacks shall be as indicated on the approved site development plan by Intermountain Engineering, dated July 7, 1998. A 4-foot roof overhang shall be allowed in the front setback for Lots 15-19, provided the rear setback is increased by 4 feet. A 4-foot roof overhang shall be allowed in the rear setback of Lots 20-24, provided the front setback is increased by 4 feet. . Roof overhangs shall be allowed to encroach up to 2' feet into the required side setback of 10 feet for each lot: An unenclosed, unroofed, deck or patio within 5 feet of finished grade may encroach into the rear setback by 5 feet for Lots 1-14 and Lots 20-24. No other setback encroachments shall be allowed. ~6. Density: Approval of this development plan shall permit a total of ~ 23 single- family dwelling units on the entire property. A minimum of 6 employee dwelling units shall be required. A maximum of ~ 23 employee dwelling .units shall be permitted on the entire property. ~7: Building Height: , °~^^^~' ~^ f^^+., For a sloping roof, the height of the building shall. not exceed 33 feet. The height calculation shall be made by measuring from the existing grade as indicated on the Intermountain Engineering Topographical Survey dated March 13, 1990 or finished grade. Height shall be calculated per Section 12-2-2 of the Vail Municipal Code. 7 S8. Site Coveraae: Not more than 25 percent of the total site area on each lot shall be covered by buildings. ~~-~+h +he o,,,.o.,+;,,., „f ~ „+ ~ ~., ~ „+ ~ .,,.+ .... ,..~.... ~~ "Site coverage" shall mean the ratio of the total building area on a site to the total area of a site, expressed as a percentage. For the purpose of calculating site coverage, "building area" shall mean the total horizontal area of any building as measured from the exterior face of perimeter building walls or supporting columns above grade or at ground level, whichever is the greater area. Building area shall include all buildings; carports, porte cocheres, arcades, and covered or roofed walkways. In addition to the above, building area shall also include any portion of roof overhang, eave, or covered stair, covered deck, covered porch, covered terrace or .covered patio that extends more than four feet from the exterior face of perimeter building walls or supporting columns. -a-99. Parking: Parking shall be as required in Title 12, Chapter 10 of the Vail Municipal Code. Each employee dwelling unit shall be required to have at least one enclosed garage parking space. X10. Design Guidelines: The development of each lot shall be guided by the architectural and landscape design guidelines as approved as part of the Special Development District No. 22. The guidelines are as follows: a. Architectural. The architectural design of the buildings upon the site shall be such that buildings relate harmoniously to each other. This is not to imply that each building must look exactly similar to those around it, but that compatibility be achieved through the use of scale, materials and colors, and building shape and form. The overriding concern is that, upon completion, the Special Development District, because of the clustered nature of the small single family lots situated around common open s space, should appear to be an integrated development possessing a common architectural quality, character, and appearance. To this end the following general design criteria shall be followed by the developer and individual lot owners: b. A palette of colors shall be as set forth in the Lionsridge Color Palette from Arnold/Gwathmey/Pratt dated March 1990. Colors are indicated for the use on different types of building materials and elements such as stucco colors, siding colors, metal flashing, windows, accent colors, etc. The palette of colors indicate a range of acceptable colors in order to encourage similarity on one hand, but also diversity within the acceptable range c. The following building standards and materials shall be adhered to: (1) Roof. The roof pitch shall. be a minimum 8/12 and a maximum of 12/12: A gable, clipped gable or hipped roof shall be mandatory. Dormers shall be allowed and reviewed by the Design Review Board. The roofing material shall be cedar shake shingles with staggered butts. (2) Chimneys. The chimneys shall. be stucco with chimney caps of weathered copper. ' (3) Flues. All flues shall be galvanized or painted sheet metal, painted to match the roof. (4) Main Fascia. The main fascia shall be a solid color stain, with brown, . taupe, or gray. (5) Secondary Fascia and Metal Railings above the First Floor. The secondary fascia and metal railings above the first floor shall be a muted accent trim color to be reviewed by the DRB. (6) Walls. Walls shall be of stucco and horizontal or vertical wood siding. 9 Stucco colors shall be gray, beige or off-white. Wood siding colors shall be gray, brown or taupe. (7) Stone. Residences will have a minimum of a two foot high stone wainscot in rainbow mix with a sandstone cap around the perimeter of the structure except under decks decks where substantially concealed by landscaping. (8) Windows. Windows located within stucco areas shall "~ have a minimum of two inches of relief from the outside wall plane and .have a sandstone sill. T.;.,., " ~~ "^~~~",+^~+^,,.,^ ^. hr^,.,., Tl li i i JI lq (9) Outdoor LiQhting, Outdoor lighting shall be indirect with a concealed source except for an entry chandelier, two carriage lights and one pilaster light which may be exposed globes with a fixture of black or weathered copper look metal. The maximum number of outdoor lights. permitted on each lot shall be 15 regardless of lot size. Outdoor lights which conform with Ordinance #22, Series of 1997, shall be exempt. All exterior lighting shall be reviewed by the DRB: (10) Garages. No garage doors shall directly face the street, except on Lot 24 and Lot 14. (11) A residential address/nameplate if desired by the owner shall be located on the side of the garage facing the access point to the lot. (12) When the individual landscape plans are designed for individual lots, special care shall be taken in the design of side yard landscaping in order to provide adequate screening between structures. X11. Recreational Amenities Tax: The recreation amenities tax shall be assessed at the rate for asingle-family residential zone district. 10 Section 5. Conditions of Approval A. The major amendment to Special Development District No. 22, Grand Traverse, shall not be effective until the major subdivision is recorded by the Town of Vail at the Eagle County Clerk and Recorder's Office. B. The major subdivision shall be recorded at the Eagle County Clerk and Recorder's Office prior to a building permit being released for any construction on Lots 2, 5, 7, 9 or 10. C. The development of Special Development District No. 22 will have impacts on the available employee housing within the Upper Eagle Valley Area. In order to help meet this additional employee housing need, the developer of Special Development District No. 22 shall provide employee housing on site. The following restrictions shall. apply to all employee dwelling units within SDD No. 22: 1. The developer shall build a minimum of six employee dwelling units within the subdivision.- Each employee dwelling unit shall have a minimum square footage of 400 square feet not to exceed 800 square feet and is allowed to have a kitchen. The square footage of an employee housing unit shall be measured from the inside face of the drywall walls creating the unit. The . 6R~~d number of employee units shall not be counted toward allowable density for Special Development District. No. 22. The developer may choose to transfer up to 300 sq. ft. e# 6Rfi,4 from the primary unit to the employee unit. T"~~ ~+~- The developer may provide up to a-5 23 employee dwelling units including the 6 required dwelling units if so desired. 11 2. The employee dwelling units may be located on any of the lots within the subdivision providing all the development standards are met for each lot. Only one employee dwelling unit shall be allowed per lot with a maximum of ~-5 23 units allowed. An employee dwelling shall be incorporated into the structure of the primary residence and shall not be.allowed to be separated from the primary unit. Each employee dwelling unit shall have at least one enclosed garage parking space. This parking space shall not , be detached from the single-family garage or structure. Each phase of construction shall include a minimum of one employee dwelling unit until six employee dwelling units are constructed and available for rental. 3. The Employee Housing Unit shall be leased to tenants who are full-time employees who work in Eagle County. An EHU shall not be leased for a period less than thirty consecutive days. For the purposes of this section, afull-time employee is one who works an average of thirty hours each week. 4.. An EHU may not be sold, transferred, or conveyed separately from any fly single-family dwelling it may be a part of. '5. The EHU shall not be divided into any form of timeshares, interval ownership, or fractional fee ownership as .those terms are defined in the Municipal Code of the Town of Vail. 6. No later than February 1 of each year, the owner of each employee housing unit within the town which is constructed following the effective date of this chapter shall submit two copies of a report on a form to be obtained from the Community 12 Development Department, to the Community Development Department of the Town of Vail and Chairman of the Town of Vail Housing Authority setting forth evidence establishing that the employee housing unit has been rented throughout the year, the rental rate, the employer, and that each tenant who resides within the employee housing unit is a full-time employee in Eagle County. 7. The owner of each EHU shall rent the unit at a monthly rental rate consistent with or lower than those market rates prevalent for similar properties in the Town of Vail. 8. The Town of Vail Housing Authority will determine the market rate based on the study of other units of comparable size, location, quality and amenities throughout the Town: The market rate shall be based on an average of a minimum of five rental rates of comparable units. If the unit is not rented and is not available at the market rate it shall be determined to be in noncompliance.' In addition to any other penalties and restrictions provided herein, a unit found to be in noncompliance shall be subject to publication ' as determined by the Housing Authority. 9. The provisions of these restrictive covenants may be enforced by the Owner and the Town. 10. The conditions, restrictions, stipulations, and agreements contained herein shall not be waived, abandoned, terminated, or amended except by the written consent of both the Town of Vail and the Owner of the property. D. The architectural and landscape design guidelines shall be incorporated 13 into the subdivision covenants before the final plat is recorded at the Eagle County Clerk and Recorder's Office. The Town Of Vail shall be party to these agreements. Section 6. Amendments Amendments to Special Development District No. 22 shall follow the procedures contained in Section 18.40.100 of the Vail Municipal Code. Section 7. Expiration The applicant must begin construction of the Special Development District within 3 years from the time of its final approval, and continue diligently toward completion of the project. If the applicant does not begin and diligently work toward the completion of the Special Development District or any stage of the Special Development District within the time limits imposed by the preceding subsection, the 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. Section 8. If any part, section, subsection, sentence, clause or phrase of. this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or.more parts, sections, subsections, sentences, clauses or phrases by declared invalid. Section 9. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and 14 inhabitants thereof. Section 10. The repeal or the repeal and reenactment of any provisions of Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the , ,provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless , 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. INTRODUCED, READ AND PASSED ON FIRST READING THIS _ day of 2005, and a public hearing shall be held on this ordinance on the _ day of , 2005, at 6:00 p.m. in the Council Chamber of the Vail Municipal Building, Vail, Colorado. Ordered published in full this _ day of , 2005. Rod Slifer, Mayor ATTEST: 15 Lorelei Donaldson, Town Glerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED By Title Only this _ day of , 2005. ATTEST:. Lorelei Donaldson, Town Clerk 16 Cyol o~~~ ~O~P~a~ RJ ~J.5~ CB 56078Y3 CH=7.257' amro s,~6-ReaAR rv~Pt.ts GP 7PE ~! 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"SCALE 1' ~ 300' a a~ 3 c~ v SDD No. 22, Grand Travers, Zoning analysis September 26, 2005 Lot Lot Size GRFA Under SDD GRFA P/S GRFA P/S* S.F. W/O GRFA Allowable Site Coverage Constructed Site Coverage 1 11,805 2,718 5,286 5,886 5;902 2,951 2,350 2 16,248 4,495 6,662 7,262 ~~ 8,124 4,062 na 3 11,500 3,596 5,170 5,770 5,750 .2,875 2,453 4 11,761 2,718 5,269 5,869 5,880 2,940 2,160 5 11,895 3,157 5,320 5,920 5,948 2,974 na 7 11,823 3,157 5,293 5,893 5,912 2,956 na 8 15,393 4,495 6,551 7,151 7,696 3,848 na 9 14,588 4,495 6,343 6,943 7,294_ 3,647 3,313. 10 .14,429 4,495 6,283 6,883 7,214 3,607 3,583 11 10,803 3,596 4,905 _ 5,505 5,400 2,700 2,514 12 12,981 3,596 5,733 6,333 6,490 3,245 2,780 13 15,159 3,596 6,520 7,120 7,578. 3,789 2,671 14 11,151 3,596 ~-5,037 5,637 5,574 2,787 2,777 15 8,538 2,718 3,928. 4,528 4,268 2,134 2,055 16 8,494 2,718 3,907 4,507 4,246 2,123 2,082 17 8,494 2,718 3,907 4,507 4,246 2,123 2,122 18 10,062 3,596 4,623 5,223 5,030 2,515 2,499 19 9,148 2,718 4,208 4,808 4,574 2,287 2,161 20 9,801 3,596 4,508 5,108 4,900 2,450 2,410 21 10,237 3,596 4,690 5,290 5,118 2,559 2,554 22 9,409 2,718 4,328 4,928 4,704 2,352 2,232 23 9,148 3,596 4,208 4,808 4,574. 2,287 1,829 24 10,629 2,718 4,839 5,439 5.,314 2,657 2,319 78,402 117,518 131,318 131,736 '`Includes 600 square foot credit for garages MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: September 26, 2005 SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No: 22, Grand Traverse, modifying the GRFA calculations for the District; increasing the number of lots for the District; and a final review of a minor, subdivision, pursuant to Section 13-4-2, Procedure, Vail Town Code, to modify the size of Lot 5, Amended Final Plat, Dauphinais%Moseley Subdivision Filing 1, A Resubdivision of Lots 5, 6, 7, 8, 9, and 10, and setting forth details in regard thereto. Applicant: Pat Dauphinais, President of Grand Traverse H.O.A. Planner: Warren Campbell I. SUMMARY The applicant, Pat Dauphinais, President of the Grand Traverse H.O.A., is requesting a recommendation from the Planning and Environmental-Commission to the Town Council regarding a request to amend Special Development District (SDD) No. 22, Grand Traverse, to eliminate the maximum allowable Gross Residential Floor Area (GRFA) for each. lot within SDD No. 22 and increase the number of lots within the SDD by one. In addition, `the applicant is requesting approval of a minor subdivision to subdivide. Lot 5 of the Amended Final Plat: Dauphinais-Moseley Subdivision Filing 1: A Resubdivision of Lots: 5, 6; 7, 8. 9, and 10 and create Amended Final Plat: A Resubdivision of Lot 5, Amended Final Plat: Dauphinais-Moseley Subdivision Filing 1: A Resubdivision of Lots 5, 6, 7, 8, 9, and 10. Staff is recommending that the Planning and Environmental Commission forwards a recommendation of approval to the Town Council regarding the request to eliminate GRFA restriction in SDD No. 22' and increase the number of lots by one and approval with conditions of the minor subdivision subject to the findings and conditions outlined in Section IX of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, Pat Dauphinais, President of the Grand Traverse H.O.A., is requesting a recommendation from the Planning and Environmental Commission to the Town ,Council regarding a request to amend Special Development District No. 22, Grand Traverse, to eliminate the ,maximum allowable Gross Residential Floor Area (GRFA) for each lot within SDD No. 22 and increase the number of lots within the SDD. In addition, the applicant is requesting approval of a minor subdivision to subdivide Lot 5 of the Amended Final Plat: Dauphinais-Moseley 1 Attachment: E Subdivision Filing 1: A Resubdivision of Lots 5 6 7 8 9 and 10 and create two new lots, Lots 5 and 7, by recording the proposed Amended Final Plat: A Resubdivision of Lot 5. Amended Final Plat: Dauphinais-Moseley Subdivision Filing 1: A Resubdivision of Lots 5 6 7 8 9 and 10. The applicant's request to remove the GRFA restrictions 'for the' lots located within SDD No. 22, Grand Traverse, has arisen as the homes within. the SDD are not eligible for the new GRFA methodology adopted by Ordinance 14, series of 2004, as the lots are restricted in terms of maximum allowable GRFA in all cases far below that which would be. permitted under the underlying Primary/Secondary zone district in regards to lot size. In addition, the homes within the SDD are no longer eligible fora 250 addition or an interior conversion per the new. GRFA regulations. The applicant is proposing that site coverage, setbacks, height, and the architectural requirements within SDD No. 22 would control development on the lots. A vicinity map has been attached for reference (Attachment A). In addition, the applicant is requesting approval of a minor subdivision to subdivide Lot 5 of the Amended Final Plat: Dauphinais-Moseley Subdivision Filing 1: A Resubdivision of Lots 5, 6 7 8 9 and 10 and create two new lots, ..Lots 5 and 7, by recording the proposed Amended Final Plat: A Resubdivision of Lot 5. Amended Final Plat: Dauphinais-Moseley Subdivision Filing 1 • A Resubdivision of Lots 5. 6, 7, 8 9, and 10. A reduced copy of the proposed plat, Amended Final Plat: A Resubdivision of Lot 5. Amended Final Plat: Dauphinais- Moselev Subdivision Filing 1: A Resubdivision of Lots 5 6 7 8 9 and 10 has been attached for reference (Attachment B). The existing Lot 5 which is proposed to be subdivided was created by combining two of the original platted lots within Dauphinais-Moseley Subdivision Filing 1. The applicant is proposing to resubdivide Lot 5, measuring 23,722 square feet, back into two smaller lots with the areas as follows, Lot 5 measuring 11,817 square feet and Lot 7 measuring 11,891 square feet. III. BACKGROUND The area included within SDD' No. 22 was annexed into the Town of Vail by Ordinance 29, Series of 1979 which became effective on August 15, 1979. • SDD No. 22 was created from 10.69 acres of land with an underlying zoning of Primary/Secondary zone district by Ordinance 23, Series of 1988. It included the creation of the Dauphinais-Moseley Subdivision Filing 1 recorded in 1990 consisting of 24 lots and 3.741 acres of open space. • On May 7, 1991, the Vail Town Council introduced, read and approved on second reading Ordinance #10, Series of 1991, an ordinance repealing and reenacting Ordinance #13, Series of 1990, to provide changes to Special Development District #22 that concerned lot size, corresponding GRFA, maximum number of allowable employee dwelling units, and architectural guidelines. Ordinance #13, Series of 1990 was the original ordinance establishing SDD #22. 2 On September 22, 1997, the Community Development Department approved, and the Planning and Environmental Commission upheld, a minor amendment to SDD #22. The minor amendment allowed for changes to the architectural guidelines outlined in Section 11 of Ordinance #10, Series of 1991. The changes included: • architectural guideline requiring that all the residences in the SDD have.copper gutters and downspouts, and • the ability for the residence constructed on Lot 14 to have the garage doors of the residence facing the road. On June 8, 1998 the Planning and Environmental Commission approved a Major Amendment to SDD No. 22, Grand Traverse. The following items were approved as a part of the Major Amendment of the applicant's request on June 8, 1998: • an increase in the allowable GRFA for all existing and proposed employee housing units from 500 square feet maximum to 800 square feet maximum, • a change in the allowable enclosed parking area (garage) square footage credit from 600 square feet to 1,200 square fo permit adequate enclosed parking for constructed employee housing units (600 square feet for the primary dwelling unit and 600 square feet for the EHU if constructed), • a replat of Lots 5, 6, 7, 8, 9 & 10 into Lots 5, 8, 9 & 10, thus eliminating two lots within the Grand Traverse development area, • an increase to the maximum number of outdoor lights allowed on each residential lot to 15 per lot total, • a modification to the required setbacks on Lots 5, 8, 9 & 10, • a reapportioning of GRFA within the Grand .Traverse development area, and • a reapportioning of the 600 square foot garage credit. In October of 2004, Ordinance 14, series of 2004, was adopted which amended the GRFA regulations regulating the entire Town of Vail. The properties located within SDD No. 22, Grand Traverse, were effected to a greater extent than other Primary/Secondary zoned properties because under the SDD GRFA is restricted below that which the base zone district would allow.. In addition, the properties lost ability of homes within the SDD to request 250 additions and interior conversions. Finally, the SDD does not allow the properties to utilize the basement deduction provisions of Ordinance 14, Series of 2004. 3 • On July 25, 2005, the Planning and Environmental Commission held a work session in order to hear the applicant's request. In general, the Commissioners were in support of the proposed subdivision of Lot 5. In addition; the Commissioners generally supported the proposal to remove the GRFA restrictions within SDD No. 22, Grand Traverse, as there are additional architectural requirements within the SDD which would provide a level of comfort that the homes, which have not been built will fit the character of the neighborhood which has already been established. Commission members expressed that the elimination of GRFA for the entire Town would be more difficult as SDD No. 22 is different from a majority of Town in that it contains very small lots and additional architectural controls. IV. ROLES OF THE REVIEWING BOARDS Special Development District and Maior Amendment Order of Review: Generally, applications will be reviewed first by the PEC for impacts of use/development, then by the DRB for compliance of proposed buildings and site planning, and final approval by the Town Council. Planning and Environmental Commission: The PEC shall review the proposal for and make a recommendation to the Town Council based on the Criteria and Findings listed in Section .IX of this memorandum. Design Review Board: The DRB has NO review authority on a SDD proposal, but must review any accompanying DRB application. The DRB review of an SDD prior to Town Council approval is purely advisory in nature. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Action: The Town Council is responsible for final approval/denial of an SDD. The Town Council shall review the proposal using the Criteria and Findings listed in Section IX of this memorandum. 4 Minor Subdivision Review Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval, approve with modifications, or disapprove the plat. Specifically the code states in Section 13-12-3C, Review and Action on Plat: ' The planning an, d 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 exemption plat application or the exemption plat application 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 the applicant. The criteria for reviewing the plat shall be as contained in section 13-3-4 of this title. Design Review Board: Action: The Design Review Board has NO review authority on an exemption plat, but must review any accompanying Design Review Board application. Town Council: The Town Council is the appeals authority for an exemption plat review procedure in accordance with Section 13-3-5C, Vail Town Code, which reads as follows: Within ten (10) days the decision of the Planning and Environmental Commission on the final plat shall be .transmitted to the Council by the staff. The Council .may appeal the decision .of the Planning and Environmental Commission within seventeen (17) .days of the Planning and Environmental Commission's action. !f Council appeals the Planning and Environmental Commission's decision, the Council shall hear substantially the same presentation by the applicant as was heard at the Planning and Environmental Commission hearing(s). The Council shall have thirty (30) days to affirm, reverse, or affirm with modifications the Planning and Environmental Commission decision, and the Council shall conduct the appeal at a regularly scheduled Council meeting. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of -the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. 5 V. APPLICABLE PLANNING DOCUMENTS Town Of Vail Zoning Code Article 12-9A: Special Development (SDD) District (in part) 12-9A-1: PURPOSE: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further . the overall goals of the community as stated in the Vail comprehensive plan Town of Vail Subdivision Regulations 13-1-2: PURPOSE: C. Specific Purposes: These regulations are further intended to serve the following specific purposes: . 1. To inform each subdivider of the standards and criteria by which development proposals will be evaluated, and to provide information as to the type and extent of improvements required. 2. To provide for the subdivision of property in .the future without conflict with development on adjacent land. 3. To protect and conserve the value of land throughout the Municipality and the value of buildings and improvements on the land. 4. To ensure that subdivision of property is in compliance with the Town's zoning ordinances, to achieve a harmonious, cohvenient, workable relationship among land uses, consistent with Town development objectives. , 5. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and. other public requirements and facilities and generally to provide that public facilities will. have sufficient capacity to serve the proposed subdivision. 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable .and desirable construction design standards and procedures. 7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard the water table and to encourage the wise use and management of natural resources throughout the Town in order to preserve the integrity, stability and beauty of the community and the value of the land. 13-3-4: COMMISSION REVIEW OF APPLICATION; CRITERIA: The burden of proof shall rest with the applicant to show 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 6 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 the surrounding land uses and other applicable documents, effects on the aesthetics of the Town. VI. SITE ANALYSIS Legal Description: Dauphinais-Mosley .Subdivision Filing 1 and Amended Final Plat: Dauphinais-Moseley Subdivision Filing 1: A Resubdivision of Lots 5. 6, 7, 8, 9, and 10 Address: 1450-1850 Lions ridge, Loop and 1402-1428 Moraine Drive Lot Size: 10.69 acres (465,656 sq ft) Zoning: Special Development District No. 22 (Primary/Secondary zone district underlying zoning) Land Use Plan Designation: Medium Density Residential Current Land Use: Residential Lot 5, Amended Final Plat: AResubdivision of Lot 5, Amended Final Plat: Dauphinais-Moseley Subdivision Filing 1: A Resubdivision of Lots 5, 6; 7, 8, 9, and 10 Zoning: Special Development District No. 22 (Primary/Secondary (P/S) zone district underlying zoning) Land Use Plan Designation: Medium Density Residential Current Land Use: Vacant Development Standard Required by P/S Proposed Lot Area: 15,000 sq. ft. 11,817 sq. ft. Dimension: 80'X80' min. 65 feet X 65 feet Buildable Area: 15,000 sq. ft. 11,817 sq. ft. Frontage: 30 feet min. 67 feet GRFA: Proposed to be no limitation except that which can be constructed within the limitations of SDD No. 22. Access: Access to the site is via Moraine Drive, a public road which is currently constructed. 7 Lot 7, Amended Final Plat: A Resubdivision of Lot 5. Amended Final Plat: Dauphinais-Mose/ev Subdivision Filing 7: A Resubdivision of Lots 5 6 7 8 9, and 70 VII. VIII. Zoning: Special Development District No. 22 (Primary/Secondary zone district underlying zoning) Land Use Plan Designation: Medium Density Residential Current Land Use: Vacant Development Standard Lot Area: Dimension: Buildable Area: Frontage: G RFA: Required by P/S 15,000 sq. ft. 80'X80' min. 15,000 sq. ft. 30 feet min. Proposed 11,891 sq. ft. 61 feet X 61 feet 11,891 sq. ft. 60 feet Access: Proposed to be no limitation except that which can be constructed within the limitations of SDD No. 22. Access to the site is via Moraine Drive, a public road which is currently constructed. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Residential Primary/Secondary zone district South: Hotel/Lodge Public Accommodation zone district .East: Residential Low Density Multiple-Family zone district West: Residential Primary/Secondary zone district CRITERIA AND FINDINGS Special Development District Maior Amendment Chapter 12-9 of the Town Code provides for the amendment of an existing special development districts in the Town of Vail. According to Section 12-9A-1, the purpose of a special development district is, "To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction wifh the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District." 8 The Town Code provides nine design criteria which shall be used as the principal criteria in evaluating the merits of the amendment to an existing special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The following is a staff analysis of the project's compliance with the nine SDD review criteria: A. Consideration of Factors ReQardinp Special Development Districts: A. 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 requested. proposal is to eliminate the maximum allowable Gross Residential Floor Area (GRFA) for each lot within SDD No. 22 under Section 4-B-5 of Ordinance 9, Series of 1998, the adopting ordinance, and an increase in the number .of lots within the SDD by one by resubdividing Lot 5, an increase from 22 to 23 lots. Ordinance 9, Series of 1998 is attached for reference with text that would be deleted shown as st~+lg# and added text is shown in bold(Attachment C). The proposal to remove the GRFA restrictions for the lots located within SDD No. 22, Grand Traverse, has arisen as the homes within the SDD are not eligible for the new GRFA methodology adopted by Ordinance 14, series of 2004, as the lots are restricted in terms of maximum allowable GRFA in all cases far below that which would be permitted under the underlying Primary/Secondary ,zone district in regards to lot size. In addition, the homes within the SDD are no longer eligible fora 250 addition or an interior conversion per the new GRFA regulations. Staff would like to point out that the proposal to gain the ability for additions and interior conversions to existing homes within SDD No. 22 can be accomplished by revising the GRFA limitations found within Section 4 of the SDD. Currently, the GRFA limitations are below that which Primary/Secondary zoning would allow by 612 to 2,568 square feet depending on the lot. The intent of the initial approval of SDD No. 22 was to create smaller lots in order to protect open space. Out of the total site area included within SDD No. 22, 10.69 acres, there was 3.741 acres set aside and protected as open space. When SDD No. 22 was adopted the 24 lots within the SDD ranged from 8,494 square feet to 16,248 square feet with a majority of the lots measuring approximately 11,000 square feet in size. Staff believes that as it was the original intent to have smaller lots and a more clustered residential, development in order to protect open space. Staff believes that the subdivision of the existing Lot 5, which measures 23,722 square feet into two smaller lots measuring 9 11,891 square feet and 11,817 square feet is in keeping with the intent of the SDD. Development within the SDD is regulated by Section 4 of Ordinance 9, Series of 1998. The adopting ordinance establishes the GRFA, setbacks, height, architectural design and materials, and orientation. The SDD deviates from the underlying zoning of Primary/Secondary zone district by allowing reduce front and side setbacks from 15 feet to 10 feet on many of the lots and increasing the rear setback on the lots located on the southern portion of the SDD from 15 feet to setbacks ranging from 35 to 97 feet with a majority being 40 to 50 feet. GRFA within the SDD is limited by the Table located in Section 4-B-5 of the adopting ordinance. The GRFA limitations identified in the Table are substantially lower than that which would be permitted by .Primary/Secondary zone district regulations. On average the maximum allowable GRFA under the SDD is 1,640 square feet less than that permitted under Primary/Secondary zoning. Staff has included an attachment which shows each lot, the size of the lot, the amount of GRFA allowed under the SDD, the amount of GRFA allowed under the Primary/Secondary zone district with the changes enacted by Ordinance 14, Series of 2004, the potential square footages of homes without GRFA limitations, allowable site coverage, and constructed site coverage. (Attachment D). Staff believes that the elimination of GRFA limitations within SDD No. 22, will have no negative effect on the above criterion as the SDD adopting ordinance contains all the elements to control the. bulk, mass, and height of the homes within the SDD within Section 4 of the adopting ordinance. The proposal to eliminate GRFA within SDD No. 22 could be a way to conduct a controlled study on the effects on bulk . and mass of structures if GRFA was eliminated. Staff believes that the existing restrictions placed upon development in SDD No. 22 will result in new and redeveloped houses within the SDD being of similar character to those existing today. in addition, many of the homes within the SDD which are currently constructed have maximized site coverage and built to the extent of the designated setbacks or have very little left which insures that the existing structures would change minimally above grade. There are currently 5 undeveloped lots within the SDD which would potentially be constructed under regulations in the SDD if GRFA was stricken from the adopting ordinance. Attachment C has str+l~fi text depicting the existing language which must be stricken from Ordinance 9, Series of 1998 to eliminate GRFA requirements. Staff believes that the request to eliminate GRFA within the SDD complies with this criterion. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposed elimination of GRFA within SDD No. 22 and the increase in tfie number of lots within the SDD from 22 to 23 will not have a negative impact on the items identified in this criterion. The 10 initial approval of SDD No. 22 included 24 lots which was subsequently replatted to include 22 lots. This proposal would take the SDD up to 23 lots. The .proposed elimination of GRFA would also have no negative impact on this criterion as there are several other factors contained within SDD No. 22 C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. The proposed amendments to the SDD do not have. any negative effect on this criterion. All lots developed within the SDD will comply with the parking standards. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. The proposed amendment to increase the number of lots in the SDD from 22 to 23 complies with the Vail Comprehensive Plan. However, the request to eliminate GRFA within SDD No. 22 would be different in policy to how the remainder of the community is regarded to size of structures. Staff believes for several reasons as outlined in Staff's response to Criterion A of this Section that the size of homes within the SDD on the vacant lots or any future redeveloped lot would be fundamentally similar to those which are constructed within the SDD currently. Of the homes currently constructed many have already maximized site coverage so any addition to be made if GRFA was eliminated from'the SDD would be below grade or in a vaultedarea of the home. The combination of requirements contained within the SDD which include, setbacks which are more restrictive in areas, site coverage limited to 25%, heights of 33 feet, garage door orientation, and architectural minimums, will sufficiently control the bulk, mass, and height of the structures which remain to be constructed or for future additions. In addition, the fact the .lots within the SDD were allowed to be smaller than that required by the base zoning in. order to preserve open space and sensitive areas limits the size of the structures dramatically as there is limited areas to construct a structure upon each site. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, the SDD No. 22, Grand traverse, development site is not located in any geologically sensitive areas. Staff believes that the application complies with this criterion. F. 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. 11 As was stated in staffs response to Criterion A the initial adoption of SDD No. 22 was designed to preserve open. space and sensitive areas. The current proposal would not alter that initial approval. G. A circulation system designed for both vehicles and pedestrians ,addressing on and off-site traffic circulation. ' The circulation system for this SDD was approved in the initial adoption of SDD No. 22 and is currently in place and functioning. This proposal does not alter that circulation system. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, ~ views and functions. As was stated in staff's response to Criterion A the initial adoption of SDD No. 22 was designed to preserve open space and sensitive areas. The current proposal would not alter that initial approval. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The applicant is proposing to construct the homes on the proposed and existing lots as the owners desire to construct upon them. Findings: The following findings are used for a Major Amendment to an SDD: 1. That the proposed major amendment to Special Development District No. 22 complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with the development goals and objectives of the Town. 2. With regards to the proposed elimination of GRFA, that: a. Proposed development controls, such as setbacks, site coverage, height, orientation, and architectural design, exist within the text of SDD No. 22, Grand Traverse, to adequately control bulk, mass, and height of structures, and will maintain the character of new structures to those which exist; b. Proposed development controls comply with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. c. Proposed development controls will provide adequate availability of 12 light, air and open space. d. Proposed development controls within the SDD will provide a compatible relationship with buildings and uses on adjacent . properties. - e. Proposed development controls will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed GRFA standards. 3. .With regards to the, proposed increase in the number of lots from 22 to 23, that: • a. Proposed increase in lots provides necessary separation between buildings and riparian areas, geologically sensitive areas and other . environmentally sensitive areas. b. Proposed increase in lots comply with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. c. Proposed increase in lots will provide adequate availability of light, air and open space. d. Proposed increase in lots will provide a compatible relationship with buildings and uses on adjacent properties. e. Proposed increase in lots will result in creative design solutions or other public benefits that could not otherwise be achieved, by conformance with prescribed setback standards. 4. That the proposed development controls within SDD No. 22, Grand Traverse are in conformance with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. 5. That the development is in compliance with the purposes of the Primary/Secondary zone district, that the proposal does not otherwise have a significant negative effect on the character of the' neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Minor Subdivision A basic. premise of subdivision regulations is that the minimum standards for the creation of new lots must be met. This subdivision will be reviewed under Title 13, Subdivision Regulations, of the Town of Vail Code. The first set of criteria to be considered by the Planning and Environmental Commission for a Minor Subdivision application is: Lot Area: The minimum lot area for the Primary/Secondary zone district is 15,000 square feet. The proposed area of Lot 5 would be 11.,817 square feet. The proposed area of Lot 7 would be 11,891 square feet. The two proposed resulting lots do not meet this requirement for the Primary/Secondary zone district. However, the intent of the approval of SDD No. 22 was to create smaller Pots in order to protect open space. Out of the total site area included within SDD No. 22, 10.69 acres, there . was 3.741 acres set aside and protect as open space. When SDD No. 22 13 was adopted lots within the SDD ranged from 8,494 square feet to 16,248 square feet with a majority of the lots measuring approximately 11,000 square feet in size. Staff believes that as it was the original intent to have smaller lots and a more clustered residential development in order to protect open space and the lot which is proposed to be subdivided was previously two smaller lots prior to the recording of the Amended Final Plat: Dauphinais-Moseley Subdivision Filing 1: A Resubdivision of Lots 5 6. 7. 8, 9, and 10. Buildable Area: The minimum buildable area for the Primary/Secondary zone district is 15,000 square feet. The two proposed lots do not meet this requirement. However, for the same reasons identified above small lots which do not meet this requirement conform to the intent of SDD No. 22. Frontage: The Primary/Secondary zone district. identifies a minimum frontage requirement of 30 feet. The two proposed lots meet this requirement. Dimension: The Primary/Secondary zone district requires lots to be able to enclose a square with a minimum dimension of 80 feet by 80 feet. The two proposed lots do not meet this requirement. However, for the same reasons identified above small lots which do not meet this requirement conform to the intent of SDD No. 22. 2. The second set of review criteria to be considered with a minor subdivision request is outlined in the Subdivision. Regulations, 13-3-4, and is as follows: "The burden of proof shall rest with the applicant to show 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....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 the surrounding land uses and other applicable documents, effects on the aesthetics of the Town. " The purpose section of Title 13, Subdivision. Regulations, is intended to ensure that the subdivision is promoting the health, safety and welfare of the community. The subdivision purpose statement from 13-1-2 (C) are as follows: 1. To inform each subdivider of the standards and criteria by which development proposals will be evaluated and to provide information as to the type and extent of improvements required. " Staff Response: The applicant was informed as to the standards and criteria by which the proposed plat and future development would be 14 evaluated. One purpose of subdivision regulations, and any development control, is to establish basic ground rules which the staff, the PEC, the applicant and the community can follow in the public review process..; Development on these two lots is governed by the SDD No. 22 adopting ordinance. With this proposed subdivision several portions of the SDD must be amend which where changes when the Amended Final Plat: Dauphinais-Moseley Subdivision Filing 1: A Resubdivision of Lots 5 6 7 8, 9, and 10 was filed to combine two lots resulting in a larger Lot 5. The changes that are necessary to make to the text of SDD No. 22 can be found within Attachment C. Although this request does not involve the creation of a new subdivision it does include the resubdivision of an existing parcel of land, the minor subdivision process is the appropriate process'to take one lot and subdivide it into two smaller lots. As a part of the overall application the applicant is requesting to eliminate the GRFA limitations identified within SDD No. 22. If that portion of the application is approved by the Town Council the two newly created lots would be limited in development potential by site coverage, setbacks, height, ' architecture, and orientation. However, if this portion of the application is not approved staff would suggest that Section 4 of SDD No. 22 be revised to limit the two newly created lots to 3,157 square feet of GRFA a piece which is a split of the GRFA permitted on the larger Lot 5 as it exists currently. 2. To provide for the subdivision of property in the future without conflict with development on adjacent land. " Staff Response: This proposed minor subdivision take a large lot and subdivides it into two smaller lots which existed prior to being ,combined and will not adversely. affect adjacent land. The proposed minor subdivision does not make either property undevelopable or non- conforming with regard to zoning requirements found within SDD.No. 22. 3. To protect and conserve the value of land throughout the Municipality and the value of buildings and improvements on the land. Staff Response: The proposed minor subdivision will .have no detrimental affect on the value of land within the Town. 4. To ensure that subdivision of property is in compliance with the Town's zoning ordinances, to achieve a harmonious, convenient, workable relationship among land uses, consistent with Town development objectives. Staff Response: Staff believes the proposed minor amendment will not preclude a harmonious, convenient and workable relationship among land uses consistent with municipal development •objectives. The proposed minor subdivision does not make either property undevelopable or non- conforming with regard to zoning requirements found within SDD No. 22. 5. To guide public and private policy and action in order to provide 15 adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serve the proposed subdivision. Staff Response: The subdivision regulations are intended primarily to address impacts of large-scale subdivisions of property, as opposed to this particular proposal to amend this plat. Staff does not believe this proposal will have any negative impacts on any of the above-listed public facilities. 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures. Staff Response: The proposed minor subdivision will provide for accurate legal descriptions for the two newly configured properties. 7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard the water table and to encourage the wise use and management of natural resources throughout the Town in order to preserve the integrity, stability, and beauty of the community and the value of the land. Staff Response: The proposed minor subdivision will have no negative affect on the criteria listed above. IX. Findings: The following findings are used for a Minor Subdivision: That the application is in compliance with the intent and purposes of the Minor Subdivision .Chapter, the Zoning Ordinance and other pertinent regulations that the Planning. and Environmental Commission deems applicable. 2. That the application is appropriate in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and. resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, and effects on the aesthetics of the Town. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council to allow for a major amendment to Special Development District No. 22, Grand Traverse, modifying the GRFA calculations for the District and increasing the number of lots for the District with the findings listed below. Staff's recommendation is based upon a review of the criteria and.findings as outlined in this memorandum and from the evidence and testimony presented. 16 Should the Planning and Environmental Commission choose fo forward a recommendation of approval of the applicant's request, staff recommends that the following findings be made as~part.of the motion: That the proposed major amendment to Special Development District No: 22 complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with the development goals and objectives of the Town. 2. With regards to the proposed elimination of GRFA, that: a. Proposed development controls, such as setbacks, site coverage, height, orientation, and architectural design, exist within the text of SDD No. 22, Grand Travers, to adequately control bulk, mass, and height of structures, and will maintain the character of new structures to those which exist; b. Proposed development controls comply with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. c. Proposed development controls will provide adequate. availability of light, air and open space. d. Proposed development controls within the .SDD will provide a compatible relationship with buildings and uses on adjacent properties. e. Proposed development controls will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed GRFA standards. 3. With regards to the proposed increase in the number of lots from 22 to' 23, that: a. Proposed increase in lots provides necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. b. Proposed increase in lots complies with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. c. Proposed increase in lots will provide adequate availability of light, air and open space. d. Proposed increase in.lots will provide a compatible relationship with buildings and uses on adjacent properties. e. Proposed increase in lots will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. 4. That the proposed development controls within SDD No. 22, Grand Traverse, are in conformance with applicable elements of the Vail Village Urban Design 17 Guide Plan and Design Considerations. 5. That the development is in compliance .with the purposes of the Primary/Secondary zone district, that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that.the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. The Community Development Department recommends that the Planning and Environmental Commission approves with conditions the Amended Final Plat: A_ Resubdivision of Lot 5, Amended Final Plat: Dauphinais-Moselev Subdivision Filing 1: A Resubdivision of Lots 5, 6, 7, 8, 9, and 10, pursuant to Chapter 13-4, Minor Subdivisions, Vail Town Code, to create Lots 5 and 7, located at based upon the criteria evaluated in this memorandum. Should the Planning and Environmental Commission choose to approve the minor subdivision request staff recommends that the following conditions be made as a part of that motion: That .the applicant not record the proposed plat, Amended Final Plat: A Resubdivision of Lot 5, Amended Final Plat: Dauphinais-Moselev Subdivision Filing 1: A Resubdivision of Lots 5. 6, 7, 8, 9, and 10, until both readings of an ordinance to amend SDD No. 22, Grand Traverse, without GRFA limitations has be adopted by Town Council. If an ordinance to adopt SDD No. 22, Grand Traverse, without GRFA limitations is .not approved by Town Council that a GRFA limitation on the new Lot 5 and 7 will be 3,157 square feet for each lot and the SDD will be amended and adopted according to Town of Vail Code. 2. That the applicant revise the title of the plat to state Amended Final Plat: A Resubdivision of Lot 5, Amended Final Plat: Dauphinais-Moselev Subdivision Filing 1: A Resubdivision of Lots 5, 6, 7, 8, 9, and 10 and replace the Town Council signature block with the correct Planning and Environmental Commission signature block prior to submitting 'the mylar copies for recording. Should the Planning and Environmental Commission choose to approve the minor subdivision request staff recommends that the following findings be made as a part of the motion. 1. That the application is in compliance with the intent and purposes of the Minor Subdivision Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. 2. That the application is appropriate in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, and effects on the aesthetics of the Town. 18