HomeMy WebLinkAbout2008-05-06 Support Documentation Town Council Work Session
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VAIL TOWN COUNCIL
WORK SESSION AGENDA
VAIL TOWN COUNCIL CHAMBERS PUBLIC WORKS FACILITIES
75 S. Frontage Road W. 1309 Elkhorn Drive
Vaii, CO 81657 Vail, CO 81657
11:30 A.M., TUESDAY, MAY 6, 2008
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item. .
The meeting will convene in the Town Council
Chambers.
1. ITEM/TOPIC: Public Works Site Visit & Lunch. (2 hrs.)
2. Scot Hunn ITEM/TOPIC: Site Visit. An appeal, pursuant to Section 12-3-3,
Appeais, Vail Town Code, of the Town of Vail Planning and
Environmental Commission's approval, with conditions, of a
request for a ,.,final, review-„ for a development plan, pursuant to
Section 12-61=1°1, DeVelopment Plan Required, Vail Town Code; a
request for final review. of a variance from Section 12-21-10,
Development Restricted, pursuant to Section 12-17-6, Criteria and
Findings and Section 12-21-16, Right of Appeal; and a request for
final review of certain conditional uses, pursuant to Section 12-61-
3, Conditional Uses, Vail Town Code, to allow for a redevelopment
of Solar Vail into a mixed use development to include Type VI
employee housing units, professional offices, and public utilities
installations including transmission lines and appurtenant
equipment, located at 501 North Frontage Road WesULot 86,
Block 2, Vail Potato Patch, and setting forth details in regard
thereto. (PEC070052; PEC080006; and PEC080013). (20 min.)
ACTION REQUESTED OF COUNCIL: Uphold, overtum, or modify
the Planning and Environmental Commission's approval, with
conditions, of the development plan, a variance application, and
certain conditional uses, pursuant to Section 12-3-3, Appeals, Vail
Town Code.
BACKGROUND RATIONALE: On March 24, 2008, the Planning
and Environmental Commission approved, with conditions, a
request for a final review for a development plan, pursuant to
Section 12-61-11, development Plan Required, Vail Town Code; a
request for final review of a variance from Section 12-21-10,
Development Restricted, pursuant to Section 12-17-6, Criteria and
Findings and Section 12-21-16, Right of Appeal; and certain
conditional uses, pursuant to Section 12-61-3. Conditional Uses,
Vail Town Code, to allow for a redevelopment of Solar Vail into a
mixed use development to include Type VI employee housing
units, professional offices, and public utilities installations including
transmission lines and appurtenant equipment, located at 501
North Frontage Road West/Lot 86, Block 2, Vail Potato Patch, and
setting forth details in regard thereto.
The Vail Town Council "called-upA this Planning and
Environmenta{ Commission's action at its April 1, 2008, public
hearing by a vote af 7-0-0.
STAFF RECOMMENDATION:Staff recommends the Town
, Council upholds the Planning and Environmental Commission's
decisions. '
3. Warren Campbell ITEM/TOPIC: PEC/DRB Update. (5 min.)
4. Nina Timm ITEM/TOPIC: Goals for the Town of Vail Strategic Housing Plan.
(30 min.) ,
ACTION REQUESTED OF COUNCIL: Provide staff with direction
regarding Town Councii's goals for the Town of Vail Strategic
Housing Plan.. BACKGROUND RATIONALE: The Vai{ Town Council will be
adopting an Employee Housing Strategic Plan and in order to
ensure the actions achieve the desired results the Town needs to
confirm its employee housing goals.
STAFF RECOMMENDATION:None at this time.
5. Vail Resorts ITEMROPIC: ITEMROPIC: North Day Lot Design Update. (60
Greg Hafl min.)
ACTION REQUESTED OF COUNCIL: Listen to the presentation
and ask questions and provide feedback and clarify any additional
information needed for future discussions.
BACKGROUND RATIONALE: The council directed the
redevelopment of the North Day Lot to meet the goals of the
Master Plan for this site. Specifically that the uses of Transit, Skier
Drop Off and Hotel Shuttles occupy the ground level of the site
and these uses be placed on the eastern end of the site to better
accommodate the users and provide a defined sense of arrival. The town staff and the VRDC staff and their design team have
revised the development site plans to review various scenarios to
better meet the goals of the Master Plan.
rSTAFFRECOMMENDATION: Listen .and. provide comments on
the design proposals.
6. Matt Mire ITEM/TOPIC: First reading of Ordinance No. 11, Series of 2008,
Rachel Friede An Ordinance Amending Title 4 of the Vail Town Code by the
Addition of a New Chapter 12, Entitled "Sexually Oriented
Business"; and Setting Forth Details in Regard Thereto. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny first reading of Ordinance No. 11, Series of
2008.
BACKGROUND RATIONALE: The Town Code currently does
not have regulations conceming sexually oriented business.
Adding Chapter 12 "sexually Oriented Business" to Title 4 of the
Vail Town Code the council is insuring the public's health, safety
and welfare by establishing reasonable regulations to reduce the
adverse secondary effects of such businesses within the Town.
STAFF RECOMMENDATION: Approve, approve with .
modifications, or deny first reading of Ordinance No. 11, Series of
2008.
7. ITEM/TOPIC: Information Update. (10 min.)
8. ITEMITOPIC: Matters from Mayor & Council. (10 min.)
9. ITEM/TOPIC: Adjournment. (3:55 P.M.)
NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUB:IECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD,
TUESDAY, MAY 20, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS.
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MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: May 6, 2008
SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the
Town of Vail Planning and Environmental Commission's approval, with
conditions, of a request for a final review for a development plan,
pursuant to Section 12-61-11, Development Plan Required, Vail Town
Code; a request for final review of a variance from Section 12-21-10,
Development Restricted, pursuant to Section 12-17-6, Criteria and
Findings and Section 12-21-16, Right of Appeal; and a request for final
review of certain conditional uses, pursuant to Section 12-61-3,
Conditional Uses, Vail Town Code, to allow for the redevelopment of
Solar Vail into a mixed use development to include Type VI employee
housing units, professional offices, and public utilities installations
including transmission lines and appurtenant equipment, located at 501
North Frontage Road West/Lot 8, Block 2, Vail Potato Patch, and setting
forth details in regard thereto. (PEC070052; PEC080006; and
PEC080013).
Appellants: Vail Town Council
Planner: Scot Hunn
1. SUBJECT PROPERTY
The subject property is located at 501 North Frontage Road West/Lot 8B, Block
2, Vail Potato Patch.
II. STANDING OF APPELLANT
The Vail Town Council, the appellant, has standing to file an appeal of the
Planning and Environmental Commission's decision pursuant to Sub-section 12-
3-3C-1, Vail Town Code.
III. REQUIRED ACTION
The Town Council shall uphold, overturn, or modify the Planning and
Environmental Commission's approval, with conditions, of a request for a final
. review for a development plan, pursuant to Section 12-61-11, Development Plan
Required, Vail Town Code; a request for final review of a variance from Section
12-21-10, Development Restricted, pursuant to Section 12-17-6, Criteria and
Findings and Section 12-21-16, Right of Appeal; and certain conditional uses,
pursuant to Section 12-61-3, Conditional Uses, Vail Town Code, to allow for the
redevelopment of Solar Vail into a mixed use development to include Type VI
employee housing units, professional offices, and public utilities installations
including transmission lines and appurtenant equipment, pursuant to Section 12-
3-3, Appeals, Vail Town Code.
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IV. BACKGROUND
On March 24, 2008, the Planning and Environmental Commission approved, with
conditions, (5-1-0, Pierce opposed) a request for a final review of a development
plan. As well, the Commission unanimously (6-0-0) voted to approve a request
for final review of a variance and certain conditional uses to allow. for the re-
development of the Solar Vail site.
On April 1, 2008, the Vail Town Council "called-up" the Planning and
Environmental Commission's actions by a vote of 7-0-0. Issues discussed at the
" Town Council meeting centered on the appropriateness of the proposed building
height, massing and the stepping of building and roof forms with the site in
relation to the required criteria and findings for approval.
V. STAFF RECOMMENDATION The Community Development Department recommends the Vail Town Council
upholds the Planning and Environmental Commission's March 24, 2008,
decisions. Staff's recommendation is based on criteria and findings outlined in
Staff's March 24, 2008, memorandum to the Town - of Vail Planning. and
Environmental Commission, and the evidence. and testimony presented. Should
the Vail Town Council choose to uphold the Commission's decisions, Staff
recommends the Council approves the following motion:
"The Vail Town Council upholds fhe Planning and Environmental
Commission's approval, with conditions, of a request for a final review. for
a development plan, pursuant to Section 12-61-11, Development P/an
Required, Vail Town Code; a request for final review of a variance from Section 12-21-10, Development Restricted, pursuant to Section 12-17-6,
Criteria and Findings and Section 12-21-16, Right of Appeal; and a
request for final review of certain conditiona/ uses, pursuant to Section
12-61-3, Conditional Uses, Vail Town Code, to al/ow for a redevelopment
of So/ar Vail into a mixed use development to include Type VI emp/oyee
housing units, professional offices, and public utilities insta/lations
. including transmission lines and appurtenant equipment, located at 501
North Frontage Road WesbLot 88, Block 2, Vail Potato Patch, and setting
forth details in regard. "
Should the, Town Council choose to uphold the Commission's decisions, Staff
recommends the Council make the following findings:
"The Vail Town Counci/ finds that the standards and conditions imposed
by the requirements of Title 12, Zoning, Vail Town Code, have been met,
based upon criteria and findings outlined in Staff's March 24, 2008,
memorandum to the Town of Vai/ P/anning and Environmental
Commission, and the evidence and testimony presented."
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VI. ATTACHMENTS
A. March 24, 2008, Staff memorandum to, the Planning and Environmental
Commission
B. Reduced plan set from GPSL Architects
C. Minutes from March 24, 2008, Planning and Environmental Commission
meeting D. Public Notice
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4ttachment A .
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: March 24, 2008
SUBJECT: A request for a final review for a development plan, pursuant to Section
12-61-11, Development Plan Required, Vail Town Code; a request for final
review of a variance from Section 12-21-10, Development Restricted,
pursuant to Section 12-17-6, Criteria and Findings and Section 12-21-16,
Right of Appeal; and certain conditional uses, pursuant to Section 12-61-3,
Conditional Uses, Vail Town Code, to allow for a redevelopment of Solar
Vail into a mixed use development to include Type VI employee housing
units, professional offices, and public utilities installations including
transmission lines and appurtenant equipment, located at 501 North
Frontage Road West, Lot 86, Block 2, Vail Potato Patch, and setting forth
details in regard thereto. (PEC070052 and PEC080013)
. Applicant: Sonnenalp Properties, Inc., represented by Gwathmey
' Pratt Schultz Lindall Architects, P.C. Planner: Scot Hunn
1. SUMMARIf
The applicant, Sonnenalp Properties, Inc., represented by Gwathmey Pratt
Schultz Lindall Architects, P.C., has requested a final review by the Town of Vail
Planning and Environmental Commission for a development plan, a variance and
. associated conditional use permits for the re-development of the Solar Vail
property into a mixed use project, located at 501 North Frontage Road West, Lot
813, Block 2, Vail Potato Patch.
The Community Development Department recommends the Planning and
Environmental Commission approves, with conditions, the site specific
development plan, pursuant to. Section 12-61-11, Development Plan Required,
Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use
development to include Type VI employee housing units, professional offices,
and public utilities installations including transmission lines and appurtenant
equipment, located at 501 North Frontage Road West, Lot 8, Block 2, Vail Potato
Patch, and setting forth details in regard thereto.
The Community Development Department recommends the Planning and
Environmental Commission approves the variations from the development
standards of the Housing (H) District, pursuant to Section 12-61-5, Setbacks;
Section 12-61-8,. Parking and Loading; and Section 12-10-20, Special Review
Provisions, Vail Town Code, to allow for certain variations to setback and parking
standards.
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The Community D'evelopment Department recommends the Planning and
Environmental Commission approves the request for a final review of a variance
from Section 12-21-10, Development Restricted, pursuant to Section 12-17-6,
Criteria and Findings and Section 12-21-16, Right of Appeal, to allow for
development within slopes in excess of 40%, located at 501 North Frontage
Road West, Lot 8B, Block 2, Vail Potato Patch, and setting forth details in regard
thereto. ,
The Community Development Department recommends the Planning and
Environmental Commission approves the request for a final review of conditional
uses, pursuant to Section 12-61-3, Conditional Uses, Vail Town Code, to allow for
Type VI employee housing •units, professional offices, and public utilities
installations including transmission lines and appurtenant equipment, located at
501 North Frontage Road West, Lot 8B, Block 2, Vail Potato Patch, and setting
forth details in regard thereto.
II. DESCRIPTION OF THE REQUEST
The Solar Vail property.currently serves exclusively as employee housing for the
Sonnenalp Hotel operations. ,The applicant, in proposing this re-development,
intends to maintain and expand this use as a direct nexus to employee housing
'needs generated by operation of the Sonnenalp Hotel in the Vail Village.
Specifically, the applicant proposes this re-development to proactively address,
the current, and future employee housing needs generated by the hotel
operations. As well, the applicant has proposed, as a possible means to finance
re-development of the site, to sell deed restrictions tied to units developed on the
site to other businesses or developers in need of "off-site" employee housing
mitigation in the future.
The property has been re-zoned from the High Density Multi-Family (HDMF)
District to the Housing (H) District, and a text amendment to the Housing. District
allowing for "Professional Offices and Business Offices" as conditional uses has
been approved by the Vail Town Council. Such re-zoning and text amendments
were requested to better facilitate the development of a significant number of
employee housing units within the Town of Vail and to allow for the review of
certain proposed conditional uses proposed as secondary and incidental to the
use of employee housing.
Key components of the current proposal include: .
• Demolition of two existing, three-story buildings containing 24 dwelling
units, originally constructed in 1976;
• Development of a new building containing 87,818 (gross) square feet;
• Eight stories, inclusive of finro levels of structured parking;
• A maximum building height of 84 feet;
• Eighty-fin?o (82) deed restricted, Type VI employee housing units on five
floors for primary use by employees of the Sonnenalp Hotel; •
• Development of approximately 4,850 square feet of office space on the
first level; deed restricted linkage is proposed between office space (lease
agreement) and dedicated EHUs within the building; one or two units are
proposed to be "attached" to office space lease agreements and will be
made part of an on-site employee housing management ptan;
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• Creation of seventy three (73) and enclosed parking spaces on two levels
of underground parking (separated for office and residential uses) and
eight (8) surFace parking spaces for a total of eighty-one (81) parking
spaces on-site;
• Improved site access, driveway grades and the provision of emergency
services turn-around (heated hammer head) and staging areas;
• • Preservation of the existing earthen berm and vegetation located between
the existing parking lot and North Frontage Road;
• Replacement and upgrade of existing telecommunication antenna "farm"
(to be better integrated into new architectural features of building); and
• Installation of fencing and landscaping between the Solar Vail property
and the adjacent Red Sandstone Elementary School property.
The Solar Vail development proposal is comprised of three (3) separate
development review applications. Each application is intended to facilitate the re-
development proposal. The development applications include, but may not be
limited to: '
• A Development Plan application for development within the
Housing (H) district; ,
. 0 A Variance application for development on slopes in excess of
40%; and
• A Conditional Use Permit application for:
o"Professiona! Office Uses" located on the office level of the
structure;
o"Public Utilities Installafions. including Transmission Lines
and Appu?tenant EquipmenY' (cellular communication
antennae); and
o"Type Vl Employee Housing Units".
. In addition, the applicant is requesting "variations" to certain development
• standards, as permitted at the discretion of the Planning and Environmental
Commission during review of any development proposal within the Housing
District. Specifically, the applicant is requesting variations to:
• Setbacks - from 20 feet to approximately 4' feet between the
proposed structure and the west property line; and
• Parking - from 106 required spaces (per Section 12-10-10, Vail
Town Code), to 81 proposed for both residential and office uses;
The applicant has provided responses to conditional use review criteria for
employee housing units, professional business offices and public utility (cellular
communication antennae) uses. In addition, the applicant has provided written
responses and justification to variations requested from setback and parking
standards, as well.as a written response to variance criteria applicable to a
requested variance from Section 12-21-10, Development Restricted.
A vicinity map identifying the location of the development site has been attached
for reference (Attachment A). A copy of the document entitled Tear pown and
Re-build of Solar Vail Emplovee Housinq dated January 28, 2008 (Attachment
B), and a reduced set of plans dated March 3, 2008, is attached for reference
(Attachment C).
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III. BACKGROUND
The subject property was annexed into the Town of Vail by Ordinance No. 8,
Series of • 1969, which became effective on August 23, 1969. The Solar Vail
buildings were initially developed as an employee housing project in 1976 and
has served (exclusively) as the off-site employee housing for the Sonnenalp •
Hotel. These buildings were subsequently approved for use as a
telecommunications (cell) antenna "farm" site; housing multiple antennae for
various co-users or providers. Today, this telecommunications site provides a
critical communications link for residents, guests and travelers within the Vail
area.
On August 27, 2007, the Town of Vail Planning and Environmental Commission
held a work session to discuss plans for a similarly designed building. At that
time, the applicant was proposing sixty-three (63) employee housing units
(EHUs) and 4,700 square feet of professional office space. Two levels of parking
were proposed, with a total of 71 parking spaces proposed. The Commission
was generally supportive of the propose plans, and provided the following
' feedback to the applicant: •
• The applicant should study building mass and, specifically,
provide for more of a"break" in the ridge line of the roof structure;
0 The applicant should study loading, delivery and trash storage and
removal; and .
0 The requested variation to parking standards is generally
supportable in order to facilitate private development of employee
housing within the Town, and in specific response to avoiding
development on slopes in excess of 40%.
On October 2, 2007, the Vail Town Council granted "Permission to Proceed"
through the development review process, and specifically to allow the applicant .
to develop plans for access to the Solar Vail site that included driveway, retaining
wall and grading improvements on Town owned land (Tract A) adjacent to Lot
8B, Vail Potato Patch. The applicant showed a design at that time that included
substantial disturbance on Tract A, beyond that which exists today for the current
driveway into the Solar Vail property. Since that meeting, the applicant has
revised the plans, to use the existing road/curb cut for Solar Vail and thus,
substantially reduce the amount of disturbance proposed on Tract A while
providing improved access grades and angles off of North Frontage Road.
On December 4, 2007, the Vail Town Council voted unanimously to approve two
separate ordinances, Ordinance No. 34, Series of 2007 and Ordinance No. 35,
Series of 2007, on second reading. Ordinance No. 34 approved an amendment
to the Official Zoning map for the Town of Vail, effectively re-zoning the subject
property from the High Density Multi-Family (HDMF) District to the Housing (H)
District. Ordinance No. 35, approved a text amendment for the Housing District
to specifically allow for "Professional Offices and Business Offices° as conditional
uses within the Housing District.
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Both the re-zoning of the property and the subsequent text amendment were
requested to better facilitate the re-development of the site and, specifically, to
allow a higher degree of flexibility in the design and layout of the site to
accommodate a significant number of employee housing units and to allow for
the review of certain proposed conditional uses.
Since proceeding through the re-zoning and text amendment process, the
applicant has revised the plans for the development, introducing slightly revised
building orientation, and roof forms (broken ridge and revised dormer designs).
In addition, the plans now show a slightly taller building with increased density,
as well as, a revised subterranean parking design. The building (Office Level)
has been raised approximately 2 feet, and the roof pitch has increased from 8' in
12' to 9' in 12'. These two changes have resulted in the building height being
raised 2.7 feet. The access plan has been changed to minimize any new road
cuts and the driveway configuration has been revised significantly to improve
. access (grade and entry angle), provide a hammer head for turn around while
minimizing disturbance on Town owned Tract A.
On February 25, 2008, the Planning and Environmental Commission held a work
session with the applicant. The Commission discussed the building bulk, mass,
scale and height, as well as proposed parking and setback variations requested
by the applicant. There was general support for the proposed project and
concerns expressed regarding the need for further separation between the Solar
Vail property and the adjacent school site. Also, one Commissioner suggested
that the applicant work to revise the plans to ensure that the building has a more
formal "entry", while another expressed support for the idea of working with the
School District to ensure that a fence and landscaping could be provided
between the Lot 86 (Solar Vail) and Lot 8A, Red Sandstone Elementary School site to address the School District's concerns regarding Solar Vail residents
crossing the school property en-route to the pedestrian bridge and bus stop.
Since that meeting, the applicant has revised the plans to address several issues
discussed at the February 25, 2008 meeting. In addition, the applicant has
revised the plans to provide four (4) more parking spaces within the structure.
At the regular Planning and Environmental Commission meeting of March 10,
2008, the applicant requested a tabling in order to address Staff concerns
regarding development of a small portion of the proposed building within areas of
40% slope. In accordance with Section 12-21-14, Right of Appeal, Vail Town
Code, the applicant has submitted a variance application to allow for
development within previously disturbed areas of Lot 8B that are in excess of
40% slope.
IV. ROLES OF THE REVIEWING BOARDS
The purpose of this section of the memorandum is to clarify the responsibilities of
the Planning and Environmental Commission.in reviewing various applications
submitted on behalf of Sonnenalp. Properties, Inc.
A. Development Plan Review in the Housinq (H) zone district
The Planning and Environmental Commission is responsible for final
approval/denial of a Development Plan. The Planning and Environmental
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Commission shall review the proposal for compliance with the adopted
criteria. The Planning and Environmental Commission's approval "shall
constifute approval of the basic form and location of improvements
including siting, building setbacks, height, building bulk and mass, site
improvements and landscaping. "
B. Conditional Use Permit (CUP)
The Planning and Environmental Commission is responsible for final
approval/denial of any conditional use permit. The Planning and
Environmental Commission shall review the request for compliance with
the adopted conditional use permit criteria and make findings of fact with _
regard to the projecYs compliance. Generally, the Planning and
Environmental Commission is responsible to ensure that any uses ' permitted are located properly, to assure compatibility and harmonious
development between conditional uses and surrounding properties and -
the town at large.
V. APPLICABLE DOCUMENTS
Staff has provided portions of the Vail Town Code and several master plans
which are relevant to the proposed topics for this final plan review.
Title 12: Zoninq Requlations
Chapter 6: Housing (H) Zone District (in part)
12-61-1: PURPOSE: The housing disfrict is intended to provide adequate sites for
employee housing which, because of the nature and characteristics of employee
housing, cannot be adequately regulated by the development standards
prescribed for other residential zone districts. It is necessary in this. zone district
to provide development standards specificaUy prescribed for each development
proposal or project to achieve the purposes prescribed in section 12-1-2 of this
title and to provide for the public we/fare_ Certain nonresidential uses are
allowed as conditional uses, which are intended to be incidental and secondary.
, to the residential uses of the district. The housing district is intended to ensure
that employee housing permitted in fhe zone district is appropriately located and
design fo meet the needs of residents of Vail, to harmonious wifh surrounding
uses, and to ensure adequate light, air, open spaces, and other amenities
appropriate to the allowed types of uses. '
12-61-2: PERMITTED USES: The following uses shall be permifted in the H
District:
Bicycle and pedestrian paths.
Deed restricted employee housing units, as furfher described in chapter
13 of this title.
Passive outdoor recreation areas, and open space.
12-61-3: CONDITIONAL USES: The following uses shall be permitted in H
district, subject to issuance of a conditional use permit in accordance with the
provisions of Chapter 16 of this Title:
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"Commercial uses which are secondary and incidental (as determined by
the planning and environmental commission) to the use of employee
housing and specifically serving the needs of the residents of the
developmerit, and developed in conjunction with employee housing, in
which case the following uses may be allowed subject to a conditional use
permit:
Banks and financial institutions.
Child daycare facilities.
Eating and drinking establishments. Funiculars and other similar conveyances.
Health clubs.
Personal services, including, but not limited to, laundromats, beauty and
barber shops, tailor shops, and similar services. ,
Retail stores and establishments.
Business offices and professional offices as further regulated by
Section 12-16-7 of fhis title.
Dwelling units (not employee, housing units) subject to the following
criferia to be evaluated by the planning and environmental commission:
A. Dwelling units are created solely for the purpose of subsidizing
employee housing on the property, and
8. Dwelling units are not the primary use of the property. The GRFA
for dwelling units shall not exceed thirty percent (30%) of the total
GRFA constructed on the property, and C. Dwelling units are only
created in conjunction with employee housing, and - '
D. Dwelling units are compatible with the proposed uses and
buildings on the site and are compafible with. buildings and uses on
adjacent properties. Outdoor patios.
Public and private schools.
Public buildings, grounds and facilities.
Public parks and recreafional facilities.
Public utilities installations including transmission lines and
appurtenant equipment
Type VI employee housing units, as further regulated by chapter 13
of this title."
12-61-5: SETBACKS: The setbacks in this district shall be twenty feet (20') from
the perimeter of the zone district. At the discretion of the planning and
environmental commission, variations to the setback standards may be approved
during the review of a developmenf plan subject to the applicant demonstrating
compliance with the following criferia:
A. Proposed building setbacks provide necessary separation between
buildings and riparian areas, geologically sensitive areas and other
environmentally sensitive areas.
8. Proposed building setbacks will provide adequate availability of light,
air and open space.
C. Proposed building setbacks will provide a compatib/e relationship with
buildings and uses on adjacent properties.
D. Proposed building setbacks will result in creatrve design solutions or
, other public benefits that could not otherwise be achieved by
conformance with prescribed setback standards.
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Variations to the twenfy foot (207 setback shall not be allowed on property lines
adjacent to HR, SFR, R, PS, and RC zoned properties, unless a variance is
approved by the planning and environmental commissiorr pursuant to Chapter 17
of fhis title.
12-61-6: SITE COVERAGE: Site coverage shall not exceed fifty five percent
(5591o) of the total site area. At the discretion of the planning and environmental
commission, site coverage may be increased if seventy five percent (759'o') of the
required parking spaces are underground or enclosed, thus reducing the impacts
of surface paving provided within a development, and fhat the minimum
landscape area requirement is met.
12-61-7: LANDSCAPE AND SITE DEVELOPMENT.Af least.thirty percent (30%)
of the total site area shall be landscaped. The minimum width and length of any
area qualifying as landscaping shall be fifteen feet (157 with a minimum area not
less than three hundred (300) square feet.
12-61-8: PARKING A/VD LOADING: Off street parking sha/l be provided in
accordance with Chapter 10 of fhis title. No parking or loading area shall be
located within any required setback area. At the discretion of the planning and
environmental commission, variafions to the parking standards outlined in
Chapter 10 of this tifle may be approved during the review of a development plan
subject to a parking management plan. The parking management plan shall be
, approved by fhe planning and environmental commission and shall provide for a
reduction in the parking requirements based on a demonstrated need for fewer
parking spaces than Chapter 10 of this title would require. For example, a
demonstrated need for a reduction in the required parking could include:
A. Proximity or availability of a/ternative modes of transportation
including, but not limited to, public transit or shuttle services.
' B. A limitation placed in the deed restrictions limiting the number of cars
for each unit.
, C. A demonsfrated permanent program including, but not limited to,
rideshare programs, carshare programs, shuttle service, or staggered,
work shifts.
12-61-9: LOCATION OF BUSINESS ACTlVIT1ES:
A. Limitation; Exception: A/l conditional uses by section 12-61-3 of this
article sha/l be operated and conducted entirely within a building,
excepf for permitted loading areas and such activifies as may be
specifically authorized to be unenclosed by a conditional use permit
and the outdoor display of goods.
8. Outdoor Display Areas: The area to be used for outdoor display must
be located directly in front of the establishment displaying the goods
and entirely upon the establishment's own property. Sidewa/ks, building entrances anii exits, driveways and streets shall not be
obstructed by outdoor display.
12-61-10: OTHER DEVELOPMENT STANDARDS: A. Prescribed By Planning And Environmental`Commission: In the H
district, deve/opment sfandards in each of the fol/owing categories
sha/1 be as proposed by the applicant, as prescribed by the planning
8
and environmental commission, and as adopted on fhe approved
development plan
1. Lot area and site dimensions.
2. Building height.
3. Density confrol (including gross residentia/ floor area).
12-61-11: DEVELOPMENT PLAN REQUIRED:
A. Compatibility with Intent: To ensure the unified development, the
protection of the natural environment, the compatibility with the
surrounding area and to assure that development in the housing
district will meet the intent of fhe zone district, an approved
development plan shall be req,uired.
8. Plan Process and Procedures: The proposed development plan shall
be in accordance with section 12-61-12 of this article and shall be
submitted by the developer to the administrator who shall refer if to ~
the planning and environmental commission, which shall the plan at a
regularly scheduled meeting.
C. Hearing: The public hearing before the, planning and environmental
commission shall be held in accordance with section 12-3-6 of this
title. The planning and environmental commission may approve the
application as submitted, approve the application with conditions or
modifications, or deny the application. The decision of the p/anning
and environmental commission may be appealed to the town council
in accordance with section 12-3-3 of this tit/e.
D._ Plan As Guide: The approved development plan shall be used as the
principal guide for all development within the housing district.
E. Amendment Process: Amendments to the approved development
plan will be considered in accordance with the provisions of section
12-OA-10 of this title.
F. Design Review Board Approval Required: The development plan and
any subsequent amendments thereto shall require the approval of fhe
design review board in accordance with the applicable provisions of
chapter 11 of this tit/e prior to the commencement of site preparation.
12-61-13: DEVELOPMENT STANDARDS/CRITER/A FOR EVALUATION:
The following criteria shall be used as the principal means for evaluating a
proposed development plan. lt shall be the burden of fhe applicant to
demonstrate that the proposed development plan complies with all applicab/e
design criteria:
A. Building design with respect to architecture, character, sca/e, massing
and orientation is compatible with the site; adjacent properties and the
surrounding neighborhood.
8. Buildings, improvements, uses and activities are designed and
located to produce a functional development p/an responsive to the
site, the surrounding neighborhood and uses, and the community as a
whole.
C. Open space and landscaping are both functional and aesthetic, are
designed to preserve and enhance the natural feafures of the site,
maximize opportunities for access and use by the public, provide
adequate buffering between the proposed uses and surrounding
properties, and when possible, are integrated with existing open
space and recreation areas.
9
D. A pedestrian and vehicular circulation system designed to provide
safe, effcient and aesthetica/ly pleasing circulation to the site and
throughout the development.
E Environmental impacts resulting from the proposal have been
identified in the project's environmental impact report, if not waived,
and all necessary mitigating measures are implemented as a part of
the proposed development plan.
F. Compliance with the Vail comprehensive plan and other applicable plans.
Chapter 10: Off Street Parking and Loading
12-10-20: SPECIAL REVIEW PROVISIONS:
Notwithstanding the provisions of section 12-10-10 of this chapter, the planning
and environmental commission may approve a reduction to the number of
required spaces specified in section 12-10-10 of this chapfer, provided a report
documenfing the presence of unique parking characteristics is provided by a
qualified consultant and the following findings are made by the planning and
environmental commission:
A. The parking demand will be less than the requirements identified in
section 12-10-10 of this chapter, and
8. The probable long term use of the building or structure, based on its
design, will not generate additional parking demand; and
C. The use or activity is part of a demonstrated permanent program
(including, but not limited to, "rideshare" programs, shuttle service, or
staggered work shifts) infended to reduce parking demand that has been
incorporated into fhe project's final approved development plan; and
D. Proximity or availability of altemative modes of transportation (including,
but not limited to, public transit or shuttle services) is significant and
infegral to the nafure of the use or business activity.
In reaching a decision, fhe planning and environmental commission shall
consider survey data submitted by a qualified transportation planning or
engineering consultant. Projects under "special review" are subject to additional
scrutiny by the planning and environmental commission after development plan
approval if if is deemed necessary to verify continued compliance with the above
listed criteria. The maximum allowable reducfion in the number of required
spaces sha/l not exceed twenty five percent (259,66) of the total number required
under section 12-10-10 of this chapter.
Chapter 12: Environmental Impact Reports
12-12-2: APPLICABILITY
An environmental impact report shall be submitted to the administrator for any
project for which such a report is required by federal or state law, or for any
project which the administrator determines may significantly change the
environment, either during construction or on a continuing basis, in one or more
of the following respects:
10
A. Alters an ecological unit or land form, such as a ridgeline, saddle, draw,
ravine, hillside, cliff, slope, creek, marsh, watercourse, or other natural
landform feature.
8. Directly or indirectly affects a wildlife habitat, feeding, or nesting ground.
C. Alters or removes native grasses, trees, shrubs, or other vegetative
cover.
D. Affects the appearance or character of a significant scenic area or
resource, or involves buildings or other structures that are of a size, bu/k,
or sca/e that wou/d be in marked contrast to natural or existing urban
features. .
E. Potentially results in avalanche, landslide, siltation, settlement, flood, or
ofher land form change or hazard to health and safety.
F. Discharges toxic or thermally abnormal substances, or involves use of herbicides or pesticides, or emits smoke, gas, steam, dust, or other
particulate matter.
G. Involves any process which results in odor that may be objectionable or
damaging.
H. Requires any waste treatment, cooling, or settlement pond, or requires
transportation of solid or liquid wastes to a treatment or disposal site.
Discharges significant volumes of solid or liquid wastes.
J. Has the potential to strain the capacify of exisfing or planned sewage
disposal, storm drainage, or other utility systems.
K. lnvolves any process which generates noise that may be offensive or
damaging.
L. Either displaces significant numbers of people or resu/fs in a significant
increase in population.
M. Preempts a site with potential recreational or open space value.
• N. A/ters local traffic patterns or causes a significant increase in traffic
volume or transit service needs.
0. /s a part of a larger project which, at any future stage, may involve any of
the impacts listed in this section.
12-12-3: EXEMPT PROJECTS
An environmenfal impacf report shall not be required for the following projects:
A. Alteration, repair and maintenance of existing structures and site
improvements.
8. A phase of a project for which an environmental impact report previously
was submitted and reviewed covering the entire project, provided that the
project was approved and not subsequent/y altered.
C. A project which, on the basis of a preliminary environmental assessment
covering each of the factors prescribed in section 12-12-2 of this chapter
is found to have an insignificant impact on the environment. The
preliminary environmental assessment and the finding on environmental
impact shall be made by the administrator.
Chapter 16: Conditional Uses (in part):
12-96-1: PURPOSE; LIMITATIONS: In order to provide fhe flexibility necessary
to achieve the objectives of this title, specified uses are permitted in certain
districts subject to the granting of a conditional use permif. Because of their
unusual or specia/ characteristics, conditional uses require review and evaluation
11
so that they may be located properly with respect to the purposes of this title and
with respect to their effects on surrounding properties. The review process
prescribed in this chapter is intended to assure compatibility and harmonious
development between conditional uses and surrounding properties and the town
at /arge. Uses listed as conditional uses in the various districts may be permitted
subject to such conditions and limitations as the town may prescribe to ensure
that the location and operafion of the conditional uses will be in accordance with
development objectives of the town and will not be detrimental to other uses or
. properties. Where conditions cannot be devised to achieve fhese objectives,
applications for conditional use permits shall be denied.
12-16-6: CRITERIA; FIND/NGS (in part):
A. Factors Enumerafed: Before acting on a conditional use permit application,
the planning and environmental commission shall consider the following
factors with respect to fhe proposed use:
1. Relationship. and impact of the use on development objectives of the
town.
2. Effect of the use on light and air, distribation of population,
transportation facilities, utilities, schoo/s, parks and recreation
facilities, and other public facilities and public facilities needs.
3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control,
access, maneuverability, and removal of snow from the streets and
parking areas.
4. Effect upon the character of the area in which the proposed use is to
be /ocated, including the scale and bulk of fhe proposed use in
relation to surrounding uses.
5.. Such other factors and criteria as the commission deems applicable to
the proposed use. ,
6. The environmental impact report conceming the proposed use, if an
environmental impact report is required by Chapter 92 of this title.
8. Necessary Findings: The planning and environmental commission shall
make the following findings before granting a conditional use permit:
1. That the proposed location of the use is in accordance with the
purposes of this title and the purposes of the zone district. in which the
site is located. .
2: That the proposed location of the use and the conditions under which
it would be operated or maintained will not be detrimenfal to the public
hea/th, safety, or welfare, or materially injurious to properties or
improvements in the vicinity.
3. That the proposed use will comply with eacit of the applicable
provisions of this title, (Ord. 29(2005) § 38: Ord. 10(1998) § 9: Ord.
22(1996) § 3: Ord. 36(1980) § 1: Ord. 8(1973) § 18.600)
12-16-7: USE SPECIFIC CRITERIA AND STANDARDS (in part):
15. Business Offices and Professional Offices in the Housing (H) District:
a. Business and professional offices shall be secondary to the residential
use of the District. The net floor area of fhe office use shall be not
greater than 15% of the net floor area of the deve/opmenf site.
12
~ .
b. The sale of inerchandise shall be prohibited.
c. Off-street parking shall be provided in accordance with the provisions
of Chapter 1240 of this title and shall be clearly separate from the
area designated for residential parking:
d. No overnight parking or storage of comniercial vehicles associated
with the professional or business office use shall be permitted.
e. Signage shall be permifted in accordance with Section 11-6-3-A:
Business Signs within Sign District 1(Title 11: Sign Regulations, Vai!
Town Code) and shall be subject to design review.
f. The number of employees allowed in a business office or professional
office within the Housing District shall not exceed one employee for
each 200 square feet of net floor area..
g. Homeowner Association or property owner approval shall be required
of all Conditional Use Permit applications for a Professional Office or
a Business Office within the Housing (H) District pursuant to Section
12-91-4: B:D, Application Form, Vail Town Code.
Chapter 17: Variances
12-17-1: PURPOSE:
A. Reasons For Seeking Variance: !n order to prevent or to lessen such
practical difficulties and unnecessary physical hardships inconsistent with
the objectives of this title as would result from strict or literal interpretation
and enforcement, variances from certain regu/ations may be granted. A
practical difficu/ty or unnecessary physical hardship may resu/t from the
size, shape, or dimensions of a site or the /ocation of existing structures
thereon; from topographic or physical conditions on the site or in the
immediate vicinity; or from other physical limitations, street locations or
condifions in the immediate vicinity. Cost or inconvenience to the applicant
of strict or literal compliance with a regulation shall not be a reason for
granting a variance.
B. Development Standards Excepted: Variances may be granted only with
respect to the development standards prescribed for each zone district,
including lot area and site dimensions, setbacks, distances befween
buildings, height, density control, building bu/k control, sife coverage,
usable open space, landscaping and site development, and parking and
loading requirements; or with respect to the provisions of Chapter 11 of this
title, governing physical development on a site.
92-17-6: Criteria and Findings: ,
A. Factors Enumerated: Before acting on a variance application, the planning
and environmental commission shall consider the following factors with
respect to the requested variance:
1. The relationship of the requested variance to other existing or
potential uses and structures in the vicinity.
2. The degree to which relief from the stricf or literal interpretation
and enforcement of a specified regulation is necessary to achieve
compatibility and uniformity of treatment among sites in the
vicinity, or to attain the objectives of this title without grant of
special privilege.
13
3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and
utilities, and public safety.
4. Such other facfors and . criteria as the commission deems
applicable to the proposed variance.
8. Necessary Findings: The planning and environmental commission shall
make the following findings before granfing a variance:
1. That the granting of the variance will not constitute a grant of
special privilege inconsistent with the limitations on other
properties classified in the same zone district.
2. That the granting of- the variance will not be detrimental to the
public health, safety, or welfare, or, materially injurious to
prope?ties or improvements in the vicinity.
3. That the variance is warranted for one or more of the following
reasons:
a. The strict or literal interpretation and enforcement of the
specified regulation would result in practical difficulty or
unnecessary physical hardship inconsistent with the
objectives of this title.
b. There are exceptional or extraordinary circumstances or
conditions applicable to the site of the variance that do not
apply generally to other properties in the same zone district. -
c. The stricf or literal interpretation and enforcement of the
specified regulation would deprive the applicant of
privileges enjoyed by the owners of other properties in the
same zone district.
Chapter 21: Hazard Regulations (in part)
12-21-10: DEVELOPMENT RESTRICTED (in part):
A. No structure shall be built in any flood hazard zone or red avalanche
hazard area. No structure shaU be built on a s/ope of forty percent (4091o)
or greater except.in single-family residential, two-family residential, or
two-family primary/secondary residential zone districts. The term
"structure" as used in this secfion does not include recreational structures
that are intended for seasona/ use, not including residential use.
12-21-14: RIGHT OFAPPEAL:
Nothing in this chapter. shall be deemed to deny any interested person his/her
rights to appeal the decision of the administrator in accordance with section 12-3-
3 of this title. In addition, nothing in this chapter shall-be deemed to deny any
interested person his/her rights to seek a variance from the requirements of this
chapter. Variances shall be governed by the provisions of Chapter 17 of this title.
14
Vail Land Use Plan (in pa?t):
CHAPTER ll - LAND USE PLAN GOALS / POLICIES .
The goals articulated here reflect the desires of the citizenry as expressed
through the series of public meetings that were held throughout the project. A
set of initial goals were developed which were then substantially revised after
different types of opinions were brought out in fhe second meeting. The goal
statements were developed to reflect a general consensus once the public had
had the opportunity to reflect on the concepts and ideas initially presented. The
goal statements were then revised through the. review process with the Task
Force, the Planning and Environmental Commission and Town Council and now
represent policy guidelines in the review process for new development proposals.
These goal statements should be used in conjunction with the adopted Land Use
Plan map, in the evaluation of any development proposal.
The goal statements which are reflected in the design of the proposed Plan are
as follows:
1. General Growth / Development
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve
both the visitor and the permanent resident.
1.2 The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
1.3 The quality of development should be maintained and upgraded whenever
possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
2. Skier /Tourist Concerns
2.1 The community should emphasize its role as a destination resort while
accommodating day visitors.
5. Residential
5.1 Additional residential growth should continue to occur primarily in existing,
platted areas and as appropriate in new areas where high hazards do not
exist.
5.3 Affordable employee housing should be made available through private
efforts, assisted by limited incentives, provided by the Town of Vail, with
appropriate restrictions.
5.4 Residential growth should keep pace with the market place demands for a
full range of housing types.
15 '
5.5 The existing employee housing base should be preserved and upgraded.
Additional employee housing needs should be accommodated at varied
sites throughout the community. VI. ZONING ANALYSIS Address/Legal Description: 501 North Frontage Road West, Lot 8, Block 2, Vail
Potato Patch, Block 2
Parcel Size: 1.0 acre (43,560 sq. ft.) Buildable Lot Area: .511 acres (22,259 sq. ft.)
Existing Zoning: Housing (H) District
Land Use Designation: Medium Density Residential
Hazards: 40% Slope; Mediam Severity Rockfall
Development Standard Allowed/Required Existinq'` Proposed
Setbacks All Sides: 20', or Per
Development Plan
Front(South): 44' ~ 36'
Side:
East 37' 31'
West 25' 4'*''
Rear (North): 115' 80'
Building Height: Per Development 36' 84'
Plan Density:
EHUs Per Development 24 EHUs 82 EHUs
Plan
DUs 30% total GRFA, or 0 0
Per Development
Plan ' Site Coverage: 23,958 sq. ft. or 6,100 sq. ft.,` 13,000 sq. ft.
55%; or Per or 14% or 30%
Development Plan
Landscape Area: 13,068 sq. ft. 37,460 sq. ft. 30,560 sq. ft.
or 30% or 85% or 70%
Parking: . 'Spaces/Unit 106 spaces; or Per 27 spaces 81 spaces**"
• Development Plan '
% Compact 25%o allowed; or Unknown 24% or
20 spaces 18 spaces
Loading 2 berths; or Per 1 berth 2 berths
Development Plan
Note: -
" Surface parking improvements on the south side of the property currently encroach into the front 20 foot
setback; the applicant is requesting a"variation" from standards prescribed by Section 12-61-8, Parking
16
and Loading Standards, Vail Town Code, to construct portions of two surface parking standards within
the front and side setbacks.
Subterranean parking improvements proposed on the west side of the site will encroach into the 20 foot
side setback; the PEC may, at its discretion, approve variations to the required setbacks.
The applicant proposes 81 spaces representing 76% of the required parking for the site (a reduction of
24%), based on multifamily parking requirements Chapter 10, Vail Town Code; of the 81 parking
spaces proposed, 73 spaces are covered/within the building (90% of total provided); 61 spaces will
serve 82 employee housing units and 20 are proposed to serve 4,850 sq. ft. of office uses. Total parking
provided for residential uses averages .7 spaces per employee housing unit and .38 spaces per bed.
VII. SURROUNDING LAND USES AND ZONING
Land Use Zoninq
North: Open Lands Natural Area Freservation District
South: CDOT R.O.W. N/A
East: Open Lands Natural Area Preservation District
West: Public School General Use District
VIII. REVIEW CRITERIA
1) Development Standards and Criteria
Pursuant to Section 12-61-13, Development Standards and Criteria for
Evaluation, Vail Town Code, the following development standards and review
criteria shall be considered in any evaluation of the project:
12-61-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION:
The. following criferia shaU be used as the principal means for evaluating a
proposed development plan. It shall be the burden of the applicant to
demonstrate that the proposed development plan complies with all applicable
design criteria:
. A. Building design with respect to architecture, character, sca/e, massing
and orientation is compatib/e with the site, adjacent properties and the
surrounding neighborhood. ~
Staff Response:
Staff believes, overall, the building and site have been designed to be
_ compatible with the site, adjacent properties and the surrounding
neighborhood, given a relatively small parcel with significant constraints such
as easements and areas over 40% slope.
Architecture
The architecture presented is compatible with the site, adjacent properties
and the surrounding neighborhood. Specifically, Staff believes the proposed
design and use of materials, detailing and fenestration, is presented in a
consistent and logical manner around the structure. The design reinforces
the architectural design and detailing* apparent within the Town, specifically
within the Vail Village and Lionshead areas. Roof composition, overhangs,
eave lines and heights, as well as, dormer design generally enhance the ,
building massing. Proposed concrete "foundation" details on the first two
stories are presented to compliment materials and detailing apparent on Red
Sandstone Elementary School. Fenestration is generally responsive to the
unit layout, yet responds to orientation of the building (passive solar gain).
17
The applicant proposes a concrete form construction technique proposed for
the core and shell of the building. The proposed pre-formed panelized
' system comes textured and colored to emulate stucco and wood. Staff
' believes that using such materials will produce a long-lasting, relatively
maintenance free structure - a benefit to the Owner and residents. '
Regardless of the materials and construction technique to be used, the
applicant generally proposes to use "heavier" materials (concrete and stucco)
on the lower portions of the building, with "lighter' materials or textures to
represent both horizontally and vertically oriented wood on upper portions of
the building and on minor building elements such as dormers.
Staff believes the applicant study introducing "lighter" materials and/or
textures on the proposed dormer elements. Pursuant to Section 14-10-5,
Building Materials and Design, Vail Town Code, concrete is a permitted
exterior material, provided however that the surface "shall be treated with
texture and color." Staff.reminds the applicant that a materials board inclusive
of all proposed exterior materials, colors and textures, will be subject_ to
design review.
Character - Staff believes the plans proposed will enhance the overall character of the
surrounding neighborhood. Specifically, the character of the development is
consistent with other new construction being completed within the Town. The architecture is compatible with the site and surrounding properties and will
. also reinforce the design and detailing apparent within the Town.
Scale and Massing
StafF believes that the applicant has designed the proposed building to meet .
several objectives and goals of Town and of the Owner. The applicant has
done so while working with a significantly constrained site and while .
attempting to respect adjacent properties and structures. Staff believes that
the resulting scale of the building, although somewhat imposing on the site,
will generally be compatible with the site - a previously disturbed lot
surrounded by steep hillside and rather sparse vegetation, a school site and a
main arterial roadway. The scale and massing will surpass any other
structures in the surrounding neighborhood (the school).
Therefore, the applicant and Commission should discuss the larger issues
related to the capacity of this site to absorb the proposed density (EHUs), in
relation to the Town's goals to provide sites and to provide incentives to
support private, affordable employee housing development by private efforts.
Specifically, Staff is still concerned that the proposed height of the building on
this site, in conjunction with parking variations being requested could be
construed as attempting to "fit" too much residential and office space program
on a constrained site.
. Orientation
Staff believes that the applicant has designed the proposed building to meet
several objectives and goals of the Town and of the Owner. The applicant has done so while working with a significantly constrained site and while
attempting to respect adjacent properties and structures. The building is
generally sited in response to several existing site constraints, including
18
several utility easements, slopes in excess of 40% covering much
(approximately 50%) of the site, CDOT Right-of-way and setbacks. The
plans show approximately 839 square feet of the proposed west wing of the
building encroaching into slopes in excess of 40%.
The main portion of building mass is oriented along the contours of the site,
on an east/west axis. Although this alignment may contribute to the
perceived scale and height of the building, Staff believes this orientation also
allows for the design to optimize views and solar gain for both passive and
active (solar panels) solar energy usage. Staff also believes that the design
and orientation of the building are specifically proposed to minimize the
amount of disturbance on the site; specifically, although the applicant
proposes minor building encroachments into the 40% slope behind the
building, most disturbance is concentrated on the most buildable portions of
the lot.
Building siting and orientation also respond to the existing vehicular access
point (to be maintained) along North Frontage Road. Specifically, the
applicant's desire to maintain and improve this access point, and the resulting
requirements to improve the access angles and driveway gradients to the
Town's and CDOT's - current standards contribute to the current building
location and orientation.
B. Buildings, improvements, uses and activities are designed and located to
produce a functional development p/an responsive to the site, the
. surrounding neighborhood and uses, and the community as a whole.
Staff Response:
Staff believes that, overall, the building and associated improvements; uses
and activities are designed to produce a functional development plan that is
generally responsive to a. small development site with limited buildable area
and other constraints.
Site Access and Traffic Impacts
The applicant proposes site access from the existing road/curb cut along
North Frontage Road. While maintaining this access point, the proposed
driveway will be re-aligned, causing additional disturbance (grading,
excavation, retainage, paving and planting) on the adjacent Town owned
property (Tract A), which is zoned Natural Area Preservation (NAP). The
applicant has obtained "permission to proceed" through the development
review process from the Vail Town Council (i.e. the "property Owner") to allow
for improvement on Tract A. In the future, prior to or concurrent with building
permit application, the applicant will be required to obtain an access
easement from the Town for any re-aligned driveway access across Tract A.
In addition, the applicant must commence all necessary planning and
permitting necessary through CDOT and any public utility for any
improvements within rights-of-way and platted utility, easements. Specifically,
an access permit from CDOT will be required for any additional road cut
along North Frontage Road.
19
The applicant has submitted a Traffic Impact Report, prepared by Peak Land
Consultants, and dated February 25, 2008. The purpose of this report is to
"determine if the redevelopment of Solar Vail will require auxiliary lanes
according to State of Colorado State Highway Access Code." The report
generally concludes that the use of the site - including limited office uses,
housing for mostly seasonal workers and limited on-site parking - will produce
a"low volume" of additional traffic, thus not triggering the construction of
additional right or left turn auxiliary lanes. The Town of Vail Public Works
Department has reviewed the report by Peak Land Consulting and has used
'the report to calculate the Traffic Impact Fee to be assessed to the project.
Public Works comments are attached for reference (Attachment I). Of note in .
the Public Works' analysis of traffic impacts and their resultant calculation of
fees is the reduction (30% credit) in fees assessed due to the proximity of the
project (1,900 feet) to the nearest transit stop:
Building Improvements and Activities
Staff believes the proposed building design and activities - including limited
Professional Office uses for Sonnenalp Properties and an architectural firm,
as well as, a substantial amount of employee housing for seasonal
employees of Sonnenalp Properties - have been designed and tocated to
produce a functional development plan responsive to the site, the
surrounding neighborhood and uses, and the community as a whole.
Specifically, the building has been sited and oriented to take advantage of
site contours, solar gain, existing disturbance on the site and existing access
points. Further, the building design features efficient layout for a substantial
number of employee housing units, including studios, 1-bedroom, 3-bedroom
and 4-bedroom units. The plan includes limited outdoor areas (courtyard) to
be used by residents, however much of the space within the building is
proposed for individual living space, not common areas. The building and
proposed employee housing uses are located within walking distance to
employment centers, mass transit stops, parks and open space, bike paths
and pedestrian ways. While it is unlikely that any residents of the building will
have school aged children, the building is adjacent to a public school.
Staff believes the applicant has responded well to concerns expressed by the
School District regarding the probability of Solar Vail residents accessing the
school site en-route to pedestrian ways and a mass transit stop. Plans
received by the Community Department on March 3, 2008, show a fence and
substantial landscape plantings located along the common property, line
befinreen the Solar Vail site and the Red Sandstone Middle School property
(Town owned land). In' addition, the applicant has revised plans for a
stairway leading from the Solar Vail building, directly to an existing sidewalk
located along the north side of North Frontage Road to encourage usage by
residents. Staff believes that these design solutions presented effectively
address concerns expressed by the School District and the Commission.
• The Town of Vail Design Review Board will review the fence and landscaping
for appropriateness and compliance with Town design standards.
,
20
Snow Storage
The applicant has revised the plans since being reviewed by the Town of Vail
Public Works Department to specifically address site plan issues concerning
snow storage; more snow storage is now shown at various locations around
and along the proposed access driveway. However, snow storage does not
meet minimum standards for the site.
Section 14-3-2; D, Snow Storage, Vail Town Code, states the following:
"Snow Storage: A/I required parking and access areas shall be designed
to accommodate on site snow storage (i.e., within the boundaries of lot
and not within the right of way). Turf areas and other areas without trees
may be utilized for this purpose. "
Further, that:
. "Unheated Drives: A minimum functional area equaling thirty percent
(309/6) of the paved area shall be provided contiguous to the paved area
and designed to accommodate snow storage."
The plans currently indicate that approximately 10-13% of the required snow
storage area is being provided. Although the site is constrained and there
are limited opportunifies to provide adequate snow storage within the existing
landscape plan, Staff recommends the applicant be required to meet
minimum standards for snow storage on the site. Staff understands the
applicant's contentions that, as an employee (affordable) housing
development, heating the entire driveway and surface parking areas may be
cost prohibitive. However, Staff believes there may be opportunities
working with final building plans for mechanical (boiler) locations and
landscaping to incorporate small but functional "snow dump" vaults, placed
within landscaped areas or adjacent to driveway or surFace parking areas that
could effectively serve as centralized snow melt basins. In addition, Staff
believes geothermal heating of driveway and surface parking areas is a
viable alternative for sustainable snow melt with long-term benefits to the
building owner. This issue must be resolved by the applicant prior to any
application for design review for Solar Vail.
C. Open space and landscaping are both functional and aesthetic, are
designed to preserve and enhance the natural features of the site,
maximize opportunities for access and use by the public, provide
adequate buffering between the proposed uses and surrounding
properties, and when possible, are integrated with existing open space
and recreation areas.
Staff Response: -
Functionality and Aesthetics
The applicant has submitted revised site, drainage and landscape plans
generally demonstrating that open space and landscaping are functiortal and
aesthetic. As plans are further developed, they should be coordinated to
ensure that all site disturbance is mitigated, all site drainage does not cause
adverse impacts on neighboring properties and that proposed re-vegetation
21
(new plantings) is proposed in areas that will have the highest benefit for the
residents of the proposed development, as well as for the neighboring
' property owners and general public. Specifically, plans should be developed
to ensure coordination between existing and proposed site grading, retainage
and drainage.
Preservation and Enhancement of the Site
The proposed building, driveway and retainage improvements are proposed
almost entirely within areas of the site that have previously been disturbed
and/or developed. Staff believes the proposed plans demonstrate that site
. disturbance will be minimized and properly mitigated, thus preserving the
natural qualities of the site. Further, Staff believes the revised landscape
plan - including substantial deciduous and evergreen tree and shrub species,
ground covers and native grass and wildflower seed mixes - will greatly
enhance the site while blending the building to the surrounding area. Staff
encourages the applicant to study landscape (planting) and re-vegetation
plans to address or enhance those areas of the site that have been
previously disturbed by development. Staff reminds the applicant that as
plans are further developed, a site re-vegetation and erosion control plan will
be required showing details of all areas to receive native re-seeding, as well
as specifying tates of application, and temporary irrigation to be used. In
addition, final landscaping and re-vegetation plans should show locations
where "transplanted" Sage and Rabbitbrush will be planted along or near
limits of disturbance, to ensure that limits of disturbance are blended back
into the natural areas of the site.
Open Space Access and Use .
Staff believes despite limited opportunities for access and use by the
residents of any usable "open space", the proposed landscaping is both
functional and aesthetic, is designed to preserve and enhance the natural
features of the site, allow opportunities for access and use by the residents,
provide adequate buffering between the proposed uses _and surrounding
properties, and when possible, are integrated with existing open space and
recreation areas. Staff believes the applicant should continue to develop the
landscape plan to incorporate more p{antings on the south and east sides of
the subject property, and perhaps on the neighboring properties (with express
approval from the Town of Vail, the "Property Owner") to provide additional
buffering and blending of the, stn,icture with the surrounding area and
specifically to mitigate apparent building bulk and mass as viewed from I-70
and the North Frontage Road.
Buffering
Staff believes the revised landscape plan provides better blending or
buffering of the building to the site. The applicant has added plantings, both
on the east and west sides of the development, to aid in blending the new .
building and disturbed areas to the surrounding areas and specifically to
provide separation (in conjunction with a fence) along the west property line
between Solar Vail and Red Sandstone Elementary School.
D. A pedestrian and vehicular circulation system designed to provide safe,
efficient and aesthetically pleasing circulation to the site and fhroughout
. the development.
22
Staff Response:
The applicant proposes pedestrian and vehicular circulation systems which
address internal and external circulation needs. The plans show an improved
access drive, staging areas for Fire Department use, a hammer head
designed to allow proper maneuvering and exiting, and short term surface parking spaces for office uses. The plan includes two levels of structured
parking for residents and.office uses. The plans also include new concrete
pathways and stairs which provide access to and from the existing sidewalk
along North Frontage Road. Staff believes this configuration also provides
for better separation of employee housing uses on the site from the adjacent
school property, by routing residents of the Solar Vail building directly to the
sidewalk rather than encouraging continued travel through the school site.
E. Environmental impacts resulting from the proposal have been identified in
tf?e project's environmental impact report, if not waived, and all necessary
mitigating measures are implemented as a part of fhe proposed
development plan.
Staff Response:
Environmental Impact Report
Based on the provisions of Sections 12-12-2, Applicability, and Section 12-
12-3, Exempt Projects, Vail Town Code, Staff recommends waiver of the
requirement for an Environmental Impact Report on this already developed
site.
Hazard Areas
The subject property is located •within areas identified as "Medium Severity
Rockfall" on the Town of Vail Official Rockfall Hazard Map. As such, the
applicant will be required to submit a site specific geologic investigation prior
to or concurrent with any application for a building or grading permit on the
site.
F. Compliance with the, Vail comprehensive plan and other applicable plans.
Staff Response:
Staff believes that the proposed plans are in general compliance with the Vail
Comprehensive Plan and other applicable plans. Specifically, Staff believes
the following goals from the Vail Land Use Plan are applicable to and support
the review of this proposed development plan:
1. General Growth / Development
1.1 Vail should continue to grow in a controlled environment, maintaining
a balance between residential, commercial and recreational uses to ;
serve both the visitor and the permanent resident.
1.2 The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
23
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
2. Skier /Tourist Concerns
- 2.1 The community should emphasize its role as a destination resort while
accommodating day visitors.
2.2 The ski area owner, the business community and the Town leaders
should work together closely to make existing facilities and the Town
function more efficiently.
~
5. Residential
5.1 Additional residential growth should, continue to occur primarily in
existing, platted areas and as-appropriate in new areas where high
hazards do not exist.
5.3 Affordable employee housing should be made available through
private efforts, assisted by limited incentives, provided by the Town of
Vail, with appropriate restrictions.
5.4 Residential growth should keep pace with the market place demands
for a full range of housing types.
5.5 The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community. 2) Conditional Use Applications and Review Criteria
The applicant proposes three separate conditional uses within the project, for
Professional Office Uses. Type VI Emplovee Housinq and Public Ufilities
Installations includinq Transmission Lines and Appurtenant Equipment. All
thcee conditional uses shall be reviewed separately according to Sections 12-
16-6, Criteria and Findings. Each conditional use is being proposed as
"secondary and incidental to the use of employee housing". Pursuant to
Section 12-61-3, Conditional Uses:
"The following uses sha!l be permifted in H district, subject to issuance of a
conditional use permit in accordance 'with the provisions of Chapter 16 of
fhis Title: ,
Commercial uses which are secondary and incidental (as determined by
the planning and environmental commission) to fhe use of employee
housing and specifically serving the needs of the residents of the
development, and developed in conjunction with employee housing..."
24 '
Staff believes that proposed Type VI Employee Housing is a primary use,
despite being classified as a conditional use. Proposed Professional Office
Use, and Public Utilities Installations including Transmission Lines and
Appurtenant Equipment uses are secondary and incidental to the use of
employee housing. Professional Office Uses:
Staff believes Professional Office use for Sonnenalp Properties administrative
services represents a use that is "secondary and incidental to the use of
employee housing - specifically serving the needs of the residents, who will
most ?ikely be employees of Sonnenalp Properties. These uses are proposed
to occupy approximately 50% of the total square footage of office space
within the building. However, Staff questions the use of office space for an
architectural office as a use "specifically serving the needs of the residents of
the development..." Staff recommends that, in addition to the applicant
linking 3.1 beds within the development to the total office square footage, the
employee housing plan is revised to specifically ensure that employees of the
architectural office are provided opportunities to live on-site (live/work) to
justify these office uses as "secondary and incidental" and "specifically
serving the needs of the residents of the development." If this provision is
made within the employee housing plan approved by the Commission, Staff
believes that the intent - to ensure that conditional uses are secondary and
supportive of employee housing uses - will be met.
12-16-6: CRITERIA; FINDINGS (in part):
1. Relationship and impact of the use on development objectives of the
town.
Staff response:
Staff believes the proposed development generally meets several
development objectives of the Town. Specifically, the applicant proposes to
replace aging employee housing currently of limited benefit to the applicant
and to the Town, and to replace that housing. with 82 new, deed restricted
employee housing units of varyMg sizes, as well as, new office space within
the Town,. and within close proximity (walking distance) to the Village. The
development, specifically the proposed Professional Office uses, is located in
close proximity to public transit routes, vehicular and pedestrian
transportation routes. Staff believes the following goals from the Vail Land
Use Plan are applicable to and support the review of this proposed
conditional use:
1. General Growth / Development
1.1 Vail .should continue to grow in a controlled environment, maintaining
a balance between residential, commercial and recreational uses to
serve both the visitor and the permanent resident.
1.2 The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
25
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas)
2. Skier /Tourist Concerns
2.1 The community should emphasize its role as a destination resort while
accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders .
should work together closely to make existing facilities and the Town
function more effciently.
2. Effect of the use on light and air, distribution of population, transportation
facilities, utilities, schools, parks and recreation facilities, and other public
facilities and public facilities needs. '
Staff response: ' Staff believes the proposed conditional use will have little or no adverse
impacts on light and air, distribution of population; transportation facilities,
utilities, schools, parks and recreation facilities, and other public facilities and
public facilities needs.
Specifically, Staff believes that the provision of additional, new office space
within the Town and in close proximity to housing, the Vail Village and
Lionshead, vehicular and pedestrian transit routes, a public school, public
. park and recreation facilities, and public transit will generally have beneficial
impacts on the community. '
3. Effect upon traffic, with particu/ar reference to congesfion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the streets and parking areas:
Staff response:
Staff believes the proposed conditional use will have little or no adverse
impacts upon traffic (congestion) in the area. Specifically, the provision of
increased employee housing density on this existing residential site, in
. combination with limited office usage and limited parking available on site, will
reduce the amount of cars entering and exiting the development and
generally encourage use by residents of public transportation. In addition,
the design of the driveway improvements, inclusive of a hammer head will
enhance the ability of vehicles, including emergency vehicles, to maneuver
on the site.
The plans generally demonstrate that the development will function
(internally) and not adversely impact automotive and pedestrian circulation,
safety and convenience off-site. As well, parking provided on site - for
residents, business operations and guests - will provide a safe and efficient
relationship with traffic on North Frontage Road. The provision of a
hammerhead is critical to the functionality of the. internal circulation plan for
26
the site. The applicant has provided engineered plans showing the turning
motions (turning radii) of a typical emergency services vehicle (fire truck),
demonstrating that vehicles will be able to exit the site in a forward gear on to.
an arterial roadway and bus route. As plans for the site are further developed
and, prior to or concurrent with any application for Design Review, the
applicant should develop a strategy (signage and grounds management plan)
to ensure that the hammerhead is maintained in the winter months free from
snow storage and accumulation - to ensure use by all vehicles, and
especially emergency services vehicles.
The applicant has submitted a Traffc Impact Report, dated February 25,
2008. The purpose of this reportis to "determine if the redevelopment of
Solar Vail will require auxiliary lanes according to State of Colorado State
Highway Access Code." The Town of Vail Public Works Department has
reviewed the report by Peak Land Consulting and has used the report to
calculate the Traffic Impact Fee to be assessed to the project. The report
generally concludes that the use of the site - including limited office uses,
housing for mostly seasonal workers and limited on-site parking - will produce
a"low volume" of additional traffic, thus not triggering the construction of
additional right or left turn auxiliary lanes.
4. Effect upon the character of the area in which the proposed use is to be
located, including the scale and bulk of the proposed use in relation to
surrounding uses.
Staff response:
Staff believes that the proposed development will generally have a positive
effect, overall, on the character of the surrounding area. Although the bulk
and scale of the proposed building well surpasses the existing Solar Vail
structure on the site, Staff believes that the applicant has designed the
building to generally work with the site while accommodating a significant
amount of building (space) program. This has been accomplished working
. with a relatively small site with significant constraints, such as easements
covering approximately 15% of the site, as well as, slopes in excess of 40%
covering another 50% of the site. The bulk, scale and massing of the building
generally aligns with the contours of the site. Benching the building into the
site would require a variance to develop on slopes greater than 40%.
Benching or stepping the foundation, building and roof forms into the hillside
would also impact the financial viability of this privately financed project to
provide employee housing within the Town. The applicant proposes a type of
construction (concrete form) that is cost effective and sustainable, but that
may not allow for maximum flexibility in design options.
However, Staff is concerned about the introduction of an eight story mass on
this highly prominent site. Again, for the above stated reasons, Staff
understands the applicant's approach to the design of the proposed building.
However, Staff believes the applicant and Commission should discuss the
larger issues related to effective and efficient development of the site, with
specific attention paid to any alternative massing of building and roof forms to
better "step" the building up the site.
27
5. Such other factors and criteria as the commission deems applicable to
the proposed use.
Staff Response:
Staff does not recommend any other factors or criteria are applicable at this
time.
6. The environmental impact report concerning the proposed use, if an
environmental impact report is required by Chapter 42 of this title.
Staff Response:
Based on the provisions of Sections 12-12-2, Applicability, and Section 12-
12-3, Exempt Projects, Vail Town Code, Staff recommends waiver of the •
requirement for an Environmental Impact Report on this already developed
site. .
Type VI Employee Housing:
The. Housing District is intended to "provide adequate sites for employee
housing...° Type VI Employee Housing units are'allowed only as a conditional
use. In addition, the applicant requests review of conditional use permits for:
Public Utilities Installations including Transmission Lines, and Appurtenant
Equipment; and Professional Offices. •
Although the Housing District is intended to "provide adequate sites for
employee housing", Type VI Employee Housing units are allowed only as a
conditional use. In addition, the applicant requests review of conditional use
permits for: Public Utilities Installations including Transmission Lines and
Appurtenant Equipment; and Professional Offices.
Employee Housing Plan
In accordance with the provisions of the Housing District, the applicant has
submitted a conditional use permit for Type VI employee housing units.
Pursuant to Section 12-13-3, the applicant has provided an Employee
'Housing management plan for review by the Commission (Attachment E).
Section 12-13-3, sub-paragraph E, Vail Town Code, states the following:
"E. Written Management Plan For Type VI EHUs: For the purposes of this
title, a type VI EHU is an EHU which shall be governed by a written
management plan or other.written program approved by the.planning .
and enVironmental commission. The management plan is the principal
document in guiding the use of a fype VI EHU. The management plan
shall be reviewed and approved by the planning and environmental -
commission as part of the conditional use permit application for a type
VI EHU in accordance with chapter 16 of this title.
1. Managemenf Plan Contents:
a. Parameters: The management plan shall include all relevant
material and information necessary to establish the parameters of the
type VI EHUs.
28
b. Exclusive Use: The management plan shall demonstrate that the
type VI EHUs are exclusively used for and remain available for
employee housing.
c. Notice Of Record: The management plan shall provide a
mechanism to provide adequate notice of record to prospective
owners to ensure that the requirements of the plan shall be met with
any future changes in ownership.
d. Occupancy: The management p/an shall include adequate
provisions to ensure that the EHUs shall be occupied, and shall not
remain vacant for a period to exceed three (3) consecutive months.
e. Affidavit: No later than February 1 of each year, the owner of a fype
• VI EHU shall submit to the department of community development
one copy of a sworn affidavit on a form from the departmenf of
community development, to establish that the EHU has been used in
compliance with the management plan.
f. Other Items: The management plan shall include such other items
as the planning and envrronmental commission or the administrator
deems necessary."
Staff believes the pian addresses each of the above parameters or criteria.
. Specifically, the plan outlines the number and type of employee housing units
to be provided within the development and specifies that such units will be for
rental purposes only. The plan specifes that rentals will be controlled by the
applicant's property management company, to be housed on-site within the
proposed professional office space. The plan calls for priority to be given
employees working in the Town of Vail and for rents to remain "attainable".
The plan calls for all units to be deed restricted per the Town of Vail
requirements. Deed restrictions, to be recorded prior to the developer
requesting a Certificate of Occupancy for the building, will be "by unit". The
plan specifically addresses deed restricted units existing today within the
existing Solar Vail building. These units total approximately 5,730 square
feet. These units will be replaced in the new development and will be deed
restricted under a"blanket" type deed restriction, per the recommendation of
the Town of Vail Housing Coordinator.
The plan proposes to link office space (4,850 square feet proposed)" to
employee housing units through deed restriction assignment. Specifically,
the proposed office space will generate a mitigation rate of 3.1 employees.
Therefore, the applicant proposes to dedicate or assign 3.1 beds to the
building owner. Staff views this provision (of providing the minimum on-site
mitigation) as limiting the potential for a true "live/work" situation within this
project. Simply, Staff encourages the applicant to consider the number of
employees that will be employed at the architectural offices planned for the
site, as well as the administrative employees that will use the Sonnenalp
properties spaces and to ensure that those employees are afforded an
opportunity to live and work on the site. Staff recommends the employee
housing plan be revised to ensure that employees of the architectural office
are provided opportunities to live on-site and that the plan specifies which
. units will be deed restncted to mitigate office uses. In addition, the plan
should be revised to specify how the 3.1 beds will be tied to dedicated
parking spaces within the building. The plan specifies that the type VI EHUs
29
will exclusively be used for and remain available for employee housing. The
plan should be revised to provide more details regarding provisions to ensure
proper and optimal occupancy.
,
Staff recommends the plan be revised to ensure that deed restrict unit(s)
assigned to office uses (mitigation) also be linked to dedicated parking
spaces within the building and that the applicant continue to study the
housing plan and the proposed ownership and deed restriction structure to
ensure that a true "live/work" opportunity is afforded to employees of any
professional offices working within the building. In' addition, any deed
restrictions recorded will be required to meet Town of Vail regulations in place
at the time of recording, including but not limited to, any future requirement to
classify the restrictions as Type "CL" (Commercial Lirikage) or "IZ"
(Inclusionary Zoning) according to text amendments currently proposed by
Community Development Staff. '
12-16=6: CRITERIA; FIND/NGS (in part):
1. Relationship and impact of the use on development objectives of fhe
town.
Staff response:
Staff believes the proposed conditional use generally meets several
development objectives of the Town. Specifically, the applicant proposes to
replace aging employee housing currently of limited benefit to the applicant
and to the Town, and to replace that housing with 82 new, deed restricted
employee housing units of varying sizes within the Town, and within close
proximity (walking distance) to the Vail Village and Lionshead areas. The
development, specifically the provision of a significant amount of employee
housing, is located in close proximity to public transportation routes, vehicular
and pedestrian transportation routes. Staff believes the'following goals from
the Vail Land Use Plan are applicable to and support the review of this
proposed conditional use:
1.1 Vail should continue to grow in a controlled environment, maintaining
. a balance befinreen residential, commercial.and recreational uses to
serve both the visitor and the permanent resident.
1.2 The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas)
5.1 Additional residential growth should continue to occur primarily in
existing, platted areas and as appropriate in new areas where high
hazards do not exist.
30
5.3 Affordable employee housing should be made available through
private efforts, assisted by limited incentives, provided by the Town of
Vail, with appropriate restrictions.
5.4 Residential growth should keep pace with the market place demands
for a full range of housing types.
5.5 The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community.
2. Effect of the use on light and air, distribution of population, transportation
facilities, utilrties, schools, parks and recreafion facilities, and other public
facilities and public facilities needs.
Staff Response:
Staff believes the proposed conditional use will have little or no adverse
impacts on light and air, distribution of population, transportation facilities,
utilities, schools, parks and recreation facilities, and other public facilities and
public facilities needs.
Specifically, Staff believes the provision of increased employee housing
, density in close proximity to the Village and employment centers, public
transit, vehicular and pedestrian transportation routes, a public school, public
park and recreation facilities will generally have beneficial impacts on the
community.
However, the School District has expressed their concern regarding the .
increased number of employee housing units being proposed next to Red
Sandstone Elementary School. Specifically, the District has stated that the
continued use of the property for employee housing, and the potential
continued use of pedestrian pathways from the Solar Vail site, across the School parking lot and playground to the adjacent land bridge may result in
an increase in conflicts between residents of Solar Vail, and school uses. At
the February 25, 2008, Planning and Environmental Commission work
session to discuss the proposal, the School District suggested that the
existing path from Solar Vail to the school parking IoUdriveway be eliminated
and that a fence be erected between the two properties to ensure that
residents of Solar Vail do not continue to use the school property as a"short
cuY' to the transit stop and the land bridge. The applicant has responded to
these concerns by revising the plans to incorporate a fence and additional
landscaping befinreen the two properties. The applicant has also revised the
design of a new walkway and stairs leading from Solar Vail to the sidewalk
directly to the south of the proposed Solar Vail building,
These issues should be evaluated by the Commission and the applicant
should be prepared to discuss new information (revised plans showing a
fence and landscaping) provided. Overall, Staff believes the development will not adversely impact Town
, services, facilities and facilities needs. The applicant has provided a traffic
impact report demonstrating that the development will have minimal adverse
31
impact on public facilities, or require significant additional public facilities
(transportation improvements) to service the development in the future.
As plans are developed further, and prior to or concurrent with any
application for Design Review, staff suggest that a lighting plan be developed
which meets the Town's lighting standards and which strives minimize the
impact of exterior lighting for this building via the use of full cut-off and
recessed fixtures.
3. Effect upon traffic, with particular reference fo congestion, automotive and
pedestrian safety and convenience, frafflc flow and control, access,
maneuverability, and removal of snow from the streets and parking areas.
Staff Response:
Staff believes the proposed conditional use will have no adverse impacts
upon traffic (congestion) in the area. Specifically, the provision of increased
employee housing density on this existing residential site, in combination with
limited office usage and limited. parking available on site, will reduce the
amount of cars entering and exiting the development and generally
encourage use by residents of public transportation. In addition, the design
of the driveway improvements, inclusive of a hammer head will enhance the
ability of vehicles, including emergency vehicles, to maneuver on the site.
The plans generally demonstrate that the development will function
(internally) and not adversely impact automotive and pedestrian circulation, '
safety and convenience off-site. As well, parking provided on site - for
residents, business operations and guests - will provide a safe and efficient relationship with traffic on North Frontage Road. The provision of a
hammerhead is,critical to the functionality of the internal circulation plan for
the site. The applicant has provided engineered plans showing the turning
motions (turning radii) of a typical emergency services vehicle (fire truck),
demonstrating that vehicles will be able to exit the site in a forward gear on to
an arterial roadway and bus route. As plans for the site are further developed
and, prior to or concurrent with any application for Design Review, the
applicant should develop a strategy (signage and grounds management plan)
to ensure that the hammerhead is maintained in the winter months free from
snow storage and accumulation - to ensure use by all vehicles, and
especially emergency services vehicles.
The applicant has submitted a Traffic Impact Report, dated February 25,
2008. The purpose of this report is to "determine if the redevelopment of
Solar Vail will require auxiliary lanes according to State of Colorado State
Highway Access Code." The Town of Vail Public Works Department has
reviewed the report by Peak Land Consulting and has used the report to
calculate the Traffic Impact Fee to be assessed to the project. The report
generally concludes that the use of the site - including limited office uses,
housing for mostly seasonal workers and limited on-site parking - will produce
a"low volume" of additional traffic, thus not triggering the construction of
additional right or left turn auxiliary lanes.
32
4. Effect upon the character of the area in which the proposed use is to be
located, including fhe scale and bu/k of the proposed use in relation to
surrounding uses. Staff Response:
Staff believes that the proposed development will generaily have a positive
effect, overall, on the character of the surrounding area: Specifically,
although the bulk and scale of the proposed building well surpasses the
existing Solar Vail structure on the site, Staff believes that the applicant has
designed the building to fit the site and to accommodate a significant amount
of building (space) program. This has been accomplished while working with
a relatively small site with fairly significant constraints, such as slopes in
excess of 40% covering approximately 50% of the site. The bulk, scale and
massing of the building generally aligns with the contours of the site. The
applicant has revised the plans to step certain portions of the building (west
wing) up the adjacent slopes. However, further benching or stepping the
foundation, building and roof forms into the hillside would also impact the
financial viability of this privately financed project to provide employee
housing within the Town. The applicant proposes a type of construction
(concrete form) that is cost effective and sustainable, but that may not allow
for maximum flexibility in design options.
However, Staff is concerned about the introduction of an eight story mass on
this highly prominent site. Again, for the above stated reasons, Staff
understands the applicanYs approach to the design of the proposed building.
However, Staff believes the applicant and Commission should discuss the
larger issues related to effective and efficient development of the site, with
specific attention paid to any alternative massing of building and roof forms to
better "step" the building up the site. Inherent in this discussiori should be the
Commission's feedback relative to a potential variance for development on
slopes in excess of 40%. Critical to this discussion is the need for the
Commission to provide clear direction and feedback relative to the overall
bulk, mass and absolute height of the proposed building prior to the applicant
proceeding forward in the development review process. The applicant should
be prepared to provide justification and evidence supporting tfie proposed
design of the structure relative to the surrounding neighborhood.
5. Such other factors and criteria as the commission deems applicab/e to
the proposed use.
Staff Response: Staff does not recommend any other factors or criteria are applicable at this
time.
6. The environmental impact report concerning the proposed use, if an
environmental impact report is required by Chapter 12 of this title.
Staff Response: .
Based on the provisions of Sections 12-12-2, Applicability, and Section 12-
12-3, Exempt Projects, Vail Town Code, Staff recommends waiver of the
requirement for an Environmental Impact Report on this already developed
site.
33
Public Utilities Installations including Transmission Lines and
Appurtenant Equipment
1. Relationship and impact of the use on development objectives of the
town.
Staff response:
Staff believes the proposed conditional use generally presents a positive
relationship with, and impact on, the development objectives of the Town.
Specifically, the applicant proposes to replace telecommunications antennae
' approved for installation on the existing Solar Vail buildings with new
°vertically polarized" panel antennae. The continued service of
telecommunication devices in this location within the Town of Vail is
considered an important service to residents and guests, travelers and
emergency services providers. Installation of multiple panel antennae on the
new Solar Vail building is proposed on the east and west sides of the
building; to be mounted on the top floor of the building and on "chimney°
elements. The applicant proposes to paint the antennae to match the exterior
color of the building materials.
2. Effect of the use on light and air, distribution of population, transportafion
facilities, utilities, schoo/s, parks and recreation facilities, and other public
facilities and public facilities needs.
Staff Response:
Staff believes that the proposed conditional use will have little oc no adverse
impacts on light and air, distribution of population, transportation facilities,
utilities, schools, parks "and recreation facilities, and other public facilities and
public facilities needs.
Specifically, staff believes that the continued provision of telecommunications
devices for cellular phone service will have a positive impact on the
distribution of critical utility installations including transmission lines and
appurtenant equipment within the Town.
3. Effect upon traffic, with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the streets and parking areas.
Staff Response:
Staff believes the proposed conditional use will no :negative impacts upon.
traffic congestion in the area.
4. Effect upon the character of the area in which the proposed use is to be
located, including the scale and bulk of the proposed use in relation to
surrounding uses.
Staff Response: '
Staff believes that the proposed conditional use will have minimal adverse
effect, overall, on the character of the surrounding area. Specifically, the new
' 34
antennae proposed generally have a flat profile and can be painted to match
the exterior materials of the building without voiding the manufacturers
warranty or precluding effective transmission of telecommunications
(microwave) signals.
5. Such other factors and criteria as the commission deems applicable to
the proposed use.
Staff Response:
Staff does not recommend any other factors or criteria are applicable at this
time.
6. The environmental impact report concerning the proposed use, if an
environmental impact report is required by Chapter 12 of this title.
Staff Response:
Based on the provisions of Sections 12-12-2, Applicability, and Section 12-
12-3, Exempt Projects, Vail Town Code, Staff recommends waiver of the
requirement for an Environmental Impact Report on this already developed
site. 3) VarianEe Application and Review Criteria
The applicant proposes to construct approximately 839 square feet of the
west wing of the building within areas that have been previously disturbed
and that are in excess of 40% slope on the north side of the building. Based
on information available (site plan) from the original 1976 architectural plans
for Solar Vail, Staff believes the area behind the existing Solar Vail buildings
only exceeds 40% slope due to previous development (grading and
excavation) of the parcel and that the applicant's plans minimize additional
disturbance and, therefore, maintain or provide the necessary separation
between the building and sensitive areas. Chapter 21, Hazard Regulations,
Vail Town Code, restricts development within such areas. Section 12-21-10,
Development Restricted, Vail Town Code states (in part):
"No structure shall be built in any flood hazard zone or red avalanche
hazard area. No structure shall be built on a slope of forty percent (409/6)
or greater except in single-family residential, two-family residential, or
twafamily primary/secondary residential zone districts. The term
"structure" as used in this section does not include recreational structures '
that are intended for seasona/ use, not including residentia/ use. "
Pursuant to Chapter 17, Variances, Vail Town Code, the applicant will be
required to apply for a variance to allow for construction of the structure within
these areas. Section 12-17-1, Purpose, states:
"In order to prevent or to lessen such practica/ difficulties and unnecessary
physica/ hardships inconsistent with the objectives of this title as would
result from strict or literal interpretation and enforcement, variances from
certain regulations may be granted. A practical difficulty or unnecessary
physical hardship may result from the size, shape, or dimensions of a site
or the location of existing structures thereon; from topographic or physical
conditions on the site or in the immediate vicinity; or from other physical
35
limitations, street locations or conditions in the immediate vicinity. Cost or ,
inconvenience to the applicant of strict or literal compliance with a
regulation sliall not be a reason for granting a variance."
Further, that:
"Before acting on a variance application, fhe planning and environmental
commission shall consider the fo/lowing factors with respect to the
requested variance:
1. The relationship of the requested variance to other existing or
potenfia/ uses and structures in the vicinity.
2. The degree to which relief from the strict or literal interpretation
and enforcement of a specified regulation is necessary to achieve
. compatibility and uniformity of treatment among sites in the
vicinity, or to attain the objectives of this title without grant of
special privilege.
3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and
utilities, and public safety.
4. Such other factors and criteria as the commission deems
applicab/e to the proposed variance. "
The Commission has, in previous meetings with the applicant, expressed
general support for minor encroachments of building/structure to be
constructed within areas of previously disturbed, 40% slope to facilitate the
development of privately funded employee housing within the Town. In
addition, the Commission has consistently held that the configu'ration of
existing sites and buildings are a hardship that may justify the granting of a
variance from the Town's current zoning regulations The applicant has been
required to apply for a variance and to address all applicable criteria and
findings. If a variance from this specific development standard is not granted,
the applicant will be required to revise the proposed development plans to
specifically remove any and all building improvements from any areas of the
lot identified as being in excess of 40% slope.
Staff believes that the requested variance to develop a portion of the
proposed structure within previously disturbed areas of the site greater than
40% slope are in compliance with the criteria as follows:
1. The relationship of the requested variance to other existing or potential
uses and structures in the vicinity.
Staff Response:
According to Section 12=21-1, Purpose, Hazard Regulations, Vail Town
Code, the purpose of the hazard regulations is:
°to help protect the inhabitants of the Town from dangers relating to
deve%pment of flood plains, avalanche paths, sfeep s/opes and
geologically sensitive areas; fo regulate the use of land areas which may
be subject fo flooding and avalanche or which may be geologically
sensitive; and further to regulafe development on steep slopes; to protect
the economic and property values of the Town, to protect the aesthefic
36
and recreational values and natural resources of the Town, which are
sometimes associated with flood plains, ava/anche areas and areas of
geological sensitivity and slopes; to minimize damage fo public facilities
and utilities and minimize the need for relief in cleanup operations; fo give
notice to the public of certain areas within the Town where flood plains,
avalanche areas and areas of geologic sensitivity exist; and to promofe
the general public health, safety and welfare. "
As described in this memo, the applicant is proposing to develop within areas
of Lot 8B that are documented as being previously disturbed by development
(grading and construction of two structures). The Solar Vail re-development .
proposal will impact slopes in excess of 40%. However, as stated previously
in this memo, Staff believes areas of Lot 86 behind the existing Solar Vail
buildings only exceed 40% slope due to previous development (grading and
excavation) of the parcel and that the applicant's plans minimize additional
disturbance. As well, the plans - including additional site retainage and re-
vegetation of slopes behind Solar Vail - could be construed as providing
additional mitigation and protection against dangers relating to development
of steep slopes.
As such, Staff believes that the development proposal complies with the
intent of the hazard regulations and that any possible negative impacts of
developing on steep slopes will have been successfully mitigated. Mitigation
of geologic hazards is an accepted practice as documented in the Town of
Vail Hazard Regulations (ie, debris flow, rock fall, snow avalanche).
2. The degree to which relief from the strict or literal interpretation and
enforcement of a specified regulafion is necessary to achieve
compafibility and uniformity of treatment among sites in the vicinity, or to
attain the objectives of this title without grant of special privilege.
Staff Response:
The applicant proposes to disturb approximately 839 square feet of
previously disturbed area behind the existing Solar Vail buildings. Staff has
reviewed plans and documents (geotechnical reports) on file for the Red
Sandstone Middle School Gymnasium, Vail Potato Patch, Block 2, Lot 8A,
located to the west and directly adjacent to Solar Vail. Plans for the
Gymnasium were approved by the Planning and Environmental Commission
on February 23, 2004. Following review of the files and plans, Staff believes
that the gymnasium construction, including cuts (excavation) of 25-30 feet,
was approved and completed on slopes in excess of 40%. Using survey
information contained in permit plan sets for the Middle School and
Gymnasium, Staff calculates the original slopes of the Gymnasium site to be
approximately 44%. The aforementioned geotechnical report confirms this,
by reporting that slopes within the development site for the Gymnasium were
"up to 50%". Whether in error or not, Staff believes the construction of the
Gymnasium, on the site directly adjacent to the .Solar Vail property, was
approved on slopes in excess of 40%. Therefore, Staff recommends that the
requested variance for the Solar Vail development within areas of 40% slope
will not constitute a grant of special privilege.
37
In comparison, Middle Creek employee housing, also within the Housing (H)
District, was not permitted to develop in slopes in excess of 40%. However
Staff believes that the Solar Vail site is inherently different, or unique, due to
previously mentioned site constraints and the fact that. large portions of the existing site exceed 40% slopes due to previous development activity.
As stated a6ove, the purpose of the hazard regulations is to protect and
preserve the integrity of steep slopes and the inhabitants of the Town.
Through the development of the site, areas of 40% slope will either be left in
their current state, or be mitigated through the design of subterranean parking
and building foundation walls, re-vegetation and additional plantings to
stabilize existing slopes in excess of 40% slope.
Staff believes the applicant is requesting a minimum degree of relief from the
strict or literal interpretation and enforcement of the regulation in order to
achieve compatibility and uniformity of treatment among sites in the vicinity, '
and to attain the objectives of this title without grant of a special privilege.
3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilifies and utilities,
and public safety.
Staff Response: 'Staff believes the variance request will have -little, if any, negative impacts on
the criteria described above. The. planning and environmental commission shall make the following
findings before granting a variance:
1. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified in the
same district.
2. That the granting of the variance will not be detrimental to the public
health, safety, or welfare, or materially injurious to properties or _
improvements in the vicinity.
3. That the variance is warranted for one or more of the following reasons:
;
a. The strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of this title. b. There are.exceptional or extraordinary circumstances or conditions
applicable to tfie site of the variance that do not apply generally to other
. properties in the same zone. c. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the owners of
other properties in the same district.
38
4) Variations from Housinq District Development Standards
The applicant proposes two variations to the development standards
established for the Housing (H) District: setback variations and parking
variations.
Setback Variations
The applicant is proposing variations to setbacks for building improvements
and for surface parking space improvements within required setbacks.
Pursuant to Section 12-61-8, Parking and Loading, Vail Town Code:
"12-61-5: SETBACKS: The setbacks in this district shall be twenty feet (20)
from the perimeter of the zone district. At fhe discretion of the planning and
environmental commission, variations to the sefback standards may be
approved during the review of a development plan subject to the applicant
demonstrating compliance with the following criteria:
A. Proposed building setbacks provide necessary separafion between
buildings and riparian areas, geologically sensitive areas and other
environmentally sensitive areas.
8. Proposed building setbacks will provide adequate availability of light,
air and open space.
C. Proposed building setbacks will provide a compatible relationship with
buildings and uses on adjacent properties. .
D. Proposed building setbacks will result in creative design solutions or
other public benefits fhat cou/d not otherwise be achieved -by
conformance with prescribed setback standards."
The applicant has provided a written response to each of the above listed
criteria entitled Side Setback Variance Request for the Housinq (H) District
(Attachment F). Staff believes that the proposed variations to certain
development standards within the Housing District are in compliance with the
criteria as follows:
A. Proposed building setbacks provide necessary separation between
buildings and riparian areas, geologically sensitive areas and other
environmentally sensitive areas.
Staff Response:
Staff believes the proposed building setback on the west side of the building
will provide the necessary separation between buildings and riparian areas,
geologically, sensitive areas and other environmentally sensitive areas.
Specifically, there are no riparian areas or other environmentally sensitive
areas identified on the site, and the applicant will be required to submit a site
specific geologic investigation in conjunction with any building permit
application to specifically address areas of "moderate hazard rockfall"
identified on Lot 86.
8. Proposed building setbacks will provide adequate availability of light,
air and open space.
Staff Response:
Staff believes the proposed building setbacks will provide adequate
availability of light, air and open space on the site and for the surrounding
39
areas. Specifically, the proposed building is approximately ten feet closer on
the western side of the property, to any buildings on the School District site.
Although the proposed building is substantially higher than the existing three
story structures, Staff believes that there will be no substantial impact on the
distribution of light ancl air on the adjacent property.
C. Proposed building setbacks will pravide a compatible relationship with
buildings and uses on adjacent properties. .
Staff Response:
Approximately 300 square feet of subterranean parking (4 parking spaces on
two levels below grade) are proposed to encroach within the side setback.
Given the subterranean nature of the proposed encroachment, Staff believes
the proposed setback of 4 feet on the west side of the property will provide a
compatible relationship with buildings (a school and gymnasium) and uses on .
adjacent properties.
D. Proposed building setbacks will resu/t in creative design solutions or
other public benefits that could not otherwise be achieved by
conformance with prescribed setback standards.
Staff Response:
Due to several site constraints such as multiple (3) utility easements, an
existing road/curb cut for access and slopes in, excess of 40% covering a
large portion of the site, Staff believes the proposed setbacks are the result of
creative design solutions. Further, Staff believes by permitting a variation to
the side setback, public benefits of a privately funded employee housing
project. within the Town will be realized, that could not otherwise be achieved
by conformance with prescribed setback regulations. Regardless of any variation approvals, Staff recommends the applicant
commence with all required planning and permitting with the Eagle River
Water and Sanitation District regarding any proposed improvements within
platted easements and the status of.any live utilities. Parking and Loading Variation
Pursuant to Section 12-61-8, Vail Town Code:
°Off street parking shall be provided in accordance with Chapter 10 of this
title. No parking or loading area shall be located within any required
setback area. At the discretion of the planning andenvironmenfal
commission, variations to the parking standards outlined in Chapter 10 of
this title may be approved during the review of a development plan
subject to a parking management plan. The parking management plan
shall be approved by the planning and environmental commission and
shall provide for a reduction in the parking requirements based on a
demonsfrated need for fewer parking spaces than Chapter 10 of this tifle
would require. For example, a demonstrated need for a reduction in the
required parking cou/d include:,
A. Proximity or availability of alternative modes of transportation
inc/uding, buf not limited to, public transif or shutt/e services.
40
. _ ~
B. A limitation placed in ffre deed restrictions limiting the number of
cars for each unit.
C. A demonstrated permanent program including, but not limited to,
rideshare programs, carshare programs, shuttle service, or
staggered work shifts. "
The Applicant is proposing to provide 81 parking spaces rather than the totaE
spaces (106) required pursuant to Chapter 10, Off Street Parking and
Loading Standards, Vail Town Code. This represents 76% of the required
parking, or a 24°rb reduction in the number of required parking spaces. 61
spaces are provided for 82 employee housing units (74% of the required
residential spaces), while 20 spaces will be reserved for office uses (100% of
required office spaces). As well, 2 loading and delivery spaces (also to
function as part of an approved Fire Department staging area) are provided in
front of the building. Proposed parking for residential uses produces an
average of .74 spaces per EHU and .38 spaces per "bed". Parking for
residential (EHU) uses is proposed in a tandem configuration within two
levels of structured parking. Parking for office uses (20 spaces) is provided
on the second level of structured parking, and is shown on plans as being
separated from residential parking.
The applicant proposes to construct portions of two surface parking spaces
within the 20 foot front setback and four subterranean parking spaces within
the required 20 foot (west) side setback. Given the constrained nature of this
development site, Staff recommends that the Commission grant a variation to
allow for the construction of parking spaces within the front and side
setbacks.
The applicant has provided a°parking management plan" (Attachment D)
outlining and addressing self imposed contractual restrictions tied to
employment contracts to limit the number of vehicles permitted per tenant (or
per unit), and defining how the shared tandem spaces will function. The plan proposes to assign tandem parking spaces to three and four-bedroom
tenants. By way of background, the Commission provided direction at their
August 27, 2007, that a variation to parking standards was appropriate, in
concept, in order to facilitate development of privately funded employee
housing within the Town.
Staff believes the parking management plan, as submitted, starts to address
the availability of alternative modes of transportation, as well as, self imposed
restrictions on the number of vehicles allowed per tenant or unit. However,
Staff recommends such limitations on the number of cars per unit should be
explicit within the actual deed restrictions for each unit in this development.
In addition, the applicant should be required to ensure that signage is
installed within the parking areas designating "office" parking and
"residential/tenanY' parking. Pursuant to Section 12-61-8, Vail Town Code,
the following criteria are applicable to review of this request for a parking
variation:
41
A. Proximity or availability, of a/ternative modes of transportafion
including, but not limited to, public transit or shutt/e services.
Staff Response:
The proposed development is within 1,900 feet of a public transit stop. In addition, the development is within close proximity to pedestrian
pathways and is within walking distance to Lionshead and VailVillage.
8. A limitation placed in the deed restrictions limiting the number of cars
for each unit.
Staff Response:
Staff believes the applicant should be required to amend the parking
management plan to ensure the limitations proposed, assigning
tandem parking spaces to 3 and 4 bedroom units; are made part of
deed restrictions for each applicable unit. In addition, Staff
recommends that the parking management plan, in conjunction with
the employee housing plan submitted, expressly tie the 3.1 employee
housing "beds" required for office uses to dedicated parking spaces
within the building.
In comparison to the review of a request for variation to parking standards,
pursuant to Section 12-61-8, Vail Town Code, and the above listed criteria,
are the "Special Review Provisions" provided in Section 12-10-20, Vail Town
Code. Established via Ordinance No. 9, Series of 2000, the following findings
were established to allow the Planning and Environmental Commission to
review requests for reductions to the number of required 'parking for projects
within Vail's Commercial Core areas:
nA. The parking demand will be /ess than the requirements identified in
section 12-10-10 of this chapter, and
8. The probable long term use of the building or structure, based an its
design, will not generafe additional parking demand; and
C. The use or activity is part of a demonstrated permanent program
(including, but not limited to, "rideshare" programs, shuttle service, or
sfaggered work shifts) infended to reduce parking demand that has
been incorporated into the project's final approved development plan;
and
D. Proximity or availability of a/ternative modes of tran'sportation
(including, but not limited to, public transit or shuttle services) is
significant and integral to the nature of the use or business activity.
In reaching a decision, the planning and environmental commission sha/l
consider survey data submitted by a qualified transportation planning or
engineering consu/tant. Projects under "special review" are subject to
additional scrutiny by the planning and environmental commission after
development plan approval if it is deemed necessary to verify continued
compliance with the above listed criferia. The maximum allowable
reduction in the number of required spaces shall not exceed twenfy five
percent (2591o) of the tofal number required under section 92-10-10 of this
chapter. "
42 .
. The applicant is requesting a 24% overall reduction in required parking and
Staff believes the proposed parking plan meets the above criteria A-D.
IX. STAFF RECOMMENDATION
Development Plan
The Community Development Department recommends the Planning and
Environmental Commission approves, with conditions, the site specific
development plan, pursuant to Section 12-61-11, Development Plan Required,
Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use
development to include Type VI employee housing units, professional offices,
and public utilities installations including transmission lines and appurtenant
equipment, located at 501 North Frontage Road West, Lot 8, Block 2, Vail Potato
Patch, and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to approve the
proposed development plan, Staff recommends the Commission pass the
following motion:
"The Planning and Environmental Commission approves, with conditions,
the applicant's request for a site specific development plan for the Solar
Vail property, pursuant.to Section 12-61-11, Development Plan Required,
Vail Town Code, to allow for a redevelopment of So/ar Vail into a mixed
use development to include Type VI employee housing unifs, professional
offices, subterranean parking, and public utilities instaUations including
transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 88, Block 2, Vail Potato Patch, and setting fo?th
details in regard thereto. "
Should the Planning and Environmental Commission choose to approve the
development plan for Solar Vail, Staff recommends the Commission make the
following findings part of the motion:
~
"9. That the building design with respect to architecture, character, sca/e, .
massing and orientation is compatible with the site, adjacent
properties and the surrounding neighborhood, based upon the review
outlined in Section Vlll of the Staff's March 24, 2008, memorandum to
the Planning and Environmental Commission;
2. That the buildings, improvements, uses and activifies are designed
and /ocated to produce a functional deve/opment plan responsive to
the site, the surrounding neighborhood and uses, and the community
as a whole, based upon the review outlined in Section Vlll of the
Staff's March 24, 2008, memorandum to the Planning and
Environmental Commission;
3. That the open space and landscaping are bofh functional and
. aesthetic, are designed to preserve and enhance the natural features
of the site, maximize opportunities for access and use by the public,
provide adequate buffering between the proposed uses and
43
surrounding properties, and when possible, are integrated with
existing open space and recreation areas, based upon the review outlined in Section Vlll of the Staff's March 24, 2008, memorandum to
the Planning and Environmental Commission;
4. That a pedestrian and vehicular circulation system designed to
provide safe, efficient and aesthetically pleasing circulation to the site
and throughout the development, based upon the review outlined in
Section Vlll of the Sfaff's March 24, 2008, memorandum to the
Planning and Environmenfa! Commission; .
5. That Environmental impacts resu/ting from the proposal.have been
. identified in the project's environmental impact report, if not waived,
and all necessary mitigating measures are implemented as a part of
the proposed development plan, based upon the review outlined in
Section Vl/l of the Staff's March 24, 2008, memorandum to the
Planning and Environmental Commission; and
6. That the plans are in compliance with the Vail comprehensive plan
and other applicable p/ans."
Should the Planning and Environmental Commission choose to approve the
development plan, Staff recommends the following conditions:
Prior to Application for Buildinq Permits
1. The Developer revise the Employee Housing Mitigation Plan to
ensure that deed restrict unit(s) assigned to office uses (mitigation)
also be linked to dedicated parking spaces within the building and that
the applicant continue to sfudy the housing plan and the proposed ownership and deed restriction structure to ensure that a"live/work"
opportunity is afforded to emp/oyees of any professional offices -
working within the building;
2. The Developer shall revise the plans prior to or concurrent with any
application for Design Review to ensure the minimum standards for
snow storage are met on-site;
3. Prior to or concurrenf with any application for Design Review, the
Developer shall submit a Master Sign Program and install signage
within the parking areas ciesignating "office" parking and
"residential/tenant" parking. Any plan submitted shall included
provisions regulating maintenance of the hammerhead in the winter
months free from snow storage and accumulation to ensure use by all
vehicles; .
4. The Developer shall be required to submit a detailed anci final lighting
plan, showing all fixture locations, fixture fypes and lumens/output; such plan should be accompanied by cut sheets for each proposed
fixture in conjunction with any Design Review application;
44
5. The Developer shall be required to submit a final site re-vegetation
and erosion control plan inclusive of details showing all areas to
receive native re-seeding and specifying rates of application, as well
as temporary irrigation fo be used, with any Design Review
application;
6. The Developer shall submit final details for Design Review for any
fence to be located between the Red Sandstone Elementary School
site and Solar Vail. Detailing for any fence shall complimenf and
otherwise match the materials, fextures and colors used on the So/ar
Vail building;
7. The Developer, shall be required to provide a building code and fire
code analysis with any submittal for building permit;
8. The Developer shall obtain an access easement agreement from fhe
Town of Vail for any and all driveway, grading, draingage, retainage,
pianting or other ancillary improvements on, over or across Town
owned Tract A. Such agreement shall be required to be executed
prior to or in conjunction with any building permit application.
9. The Developer submits a complete set of civil engineered drawings of
the Approved Development Plans including the required off sife
improvemenfs, to the Town of Vail Community Development
Department for review and approval of the drawings, prior fo making
application for fhe issuance of a building permit for the Solar Vail
building improvements;
10. The Developer submits a site specific geologic investigation in
conjunction with any building permit application, in accordance with
Section 12721-15, Vail Town Code, for any proposed development
within a mapped Rock Fall Hazard areas;
11. The Developer shall address all the comments and conditions
identified in the memorandum from the Town Project Engineer dated
February 14, 2008, in conjunction with building permit application;
12. The Developer shall pay, in full, the Traffic Impact Fee of $227, 500.00
prior to the issuance of a building permit;
Prior to Repuestinq a Temporarv Certificate of Occupancy
13. The Developer shall revise the Employee Housing Mitigation Plan to
ensure that the 3.1 deed restricted unit(s) assigned to office uses
(mitigation) also be linked to dedicated parking spaces within the
building and thaf the applicant continue to study the housing plan and
the proposed ownership and deed restriction structure to ensure that
a"live/work" opportunity is afforded to employees of any professional
offlces working within the building;
14. The Developer shall provide the legally executed and duly recorded
Type V/ deed restriction wifh the Eagle County Clerk & Recorder's
Office for the on-sife employee housing units, and that said units shall
45
sized according to the Town of Vail minimum size requirements
according to Chapter.23, Vail Town Code, and be made available for
occupancy, prior to the issuance of a temporary certificate of
occupancy for the Solar Vail projecf.
Variations from Development Standards
Additionally, should the Planning and Environmental Commission choose to
approve this site specific development plan with conditions, the Community
Development Department recommends the Commission approves variations
from the development standards of the Housing (H) District, pursuant to Section
12-61-5, Setbacks; Section 12-61-8, Parking and Loading; and Section 12-10-20,
Special Review Provisions, Vail Town Code, to allow for certain variations to
setback and parking standards.
Should the Planning and Environmental Cammission choose to approve the
variations from the development standards of the Housing (H) District, Staff
recommends the Commission make the following findings part of the motion:
Setbacks
°A. The proposed building setbacks provide necessary separation
between buildings and riparian areas, geologically sensitive areas and
other environmentally sensitive areas.
8. The proposed building setbacks will provide adequate availability of
light, air and open space. '
C. The proposed building setbacks will provide a compatible relationship
with buildings and uses on adjacent properties.
D. The proposed building setbacks will result in creative design solutions
or other public benefits that could not otherwise be 'achieved by ,
conformance with prescribed setback standards."
Parkin
"A. The parking demand will be /ess than the requirements identified in
section 12-10-10 of this chapter,
8. The probable long term use of the building or structure, based on its
design; will not generate additional parking demand;
C. The use or activity is part of a demonstrated permanent program
(including, buf not limited to, "rideshare" programs, shuttle service, or
staggered work shifts) intended to reduce. parking demand that has
been incorporated into the project's final approved development plan;
and
D, The proximity or availability of alternative modes of transportation
(including, but not limited to, public transit or shuttle services) is
significant and integral to the nature of the use or business activity."
46
Variance
The Community Development Department recommends the Planning and
Environmental Commission approves the request for a final review of a variance
from Section 12-21-10, Development Restricted, pursuant to Section 12-17-6,
Criteria and Findings and Section 12-21-16, Right of Appeal, Vail Town Code, to
allow for development within slopes in excess of 40%, located at 501 North
Frontage Road West, Lot 86, Block 2, Vail Potato Patch, and setting forth details
in regard thereto.
Should the Planning and Environmental Commission choose to approve the
requested variance, Staff recommends the Commission pass the following
motion:
. "The Planning and Environmental Commission approves the applicanf's
request for a variance from Section 12-21-10, Development Restricfed,
pursuant fo Section 12-17-6, Criteria and Findings and Section 12-21-16,
Righf of Appeal, Vail Town Code, to allow for development within slopes in
excess of 40%, located at 501 North Frontage Road West, Lot 88, Block 2,
Vail Potafo Patch, and setting forth details in regard fhereto.
Should the Planning and Environmental Commission choose to approve the
requested variance, Staff recommends the Commission make the following .
findings part of the motion:
"The Planning and Environmental Commission finds:
1. The granting of this variance will not constitute a granting of special
privilege inconsistent with the limitations on other properties classified
in the Housing (H) District as the Planning and Environmenta!
Comission has consistently held that the configuration of existing sites
and buildings are a hardship that may justify the granting of a variance
from the Town's current zoning regulations;
2. The granting of this. variance will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or
improvements in the vicinity;
3. This variance is warranted for the following reasons:
a. The strict literal interpretation or enforcement of the specified
_ regulation would result in practical difficulty or unnecessary
physical hardship inconsistent with the objectives of Tit/e 12,
Zoning Regulations, Vail Town Code, due to the configuration and
existing conditions of the site; `
b. There are exceptional or extraordinary circumstances or conditions
applicable fo the same site of the variance fhat do not apply
generally to other properties in the same district due to the
configuration and existing conditions of the site;
47
c. The strict interprefafion or enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of
other properties in the same district due to the configuration and
existing conditions of the site.
Conditional Uses
The Community Development Department recommends the Planning and
Environmental Commission approves the request for a final review of conditional
uses, pursuant to Section 12-61-3, Conditional Uses, Vail Town Code, to allow for
Type VI employee housing units, professional offices; and public utilities
installations including transmission lines and appurtenant equipment, located at
501 North Frontage Road West, Lot 86, Block 2, Vail Potato Patch, and setting
forth details in regard thereto.
Should the Planning and Environmentat Commission choose to approve the
proposed conditional use permits, Staff recommends the Commission pass the ,
following motion:
"The Planning and Environmental Commission approves, with conditions, the Applicant's request for conditional use permits, pursuant to Section 12-
61-3, Conditiona! Uses, Vail Town Code, to a/low for Type VI emp/oyee
housing units, professional offices, and public ufilities installations
including transmission lines and appurtenant equipment, located at 501
North Frontage Road West, Lot 8B, Block 2, Vail Pofato Patch, and setting
forth details in regard therefo. "The Planning and Environmenta! Commission finds:
9. That . the proposed location of the uses are in accordance with the
purposes of this fit/e and the purposes of fhe zone district in which the
' site is /ocated.
2. Thaf the proposed /ocafion of the uses and the conditions under which
fhey would be operated or maintained will not be detrimental to the
public health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity.
3. That the proposed uses will comply with each of the applicable
provisions of this title. n
X. ATTACHMENTS
A. Vicinity Map
B. Document describing the project entitled Tear pown and Re-build of Solar
Vail Emplovee Housinq, submitted by GPSL Architects and dated January
28; 2008 (updated March 11, 2008)
C. Copy of proposed plans dated January 25, and March 3, 2008 submitted by
GPSL Architects
D. Parking Management Plan by applicant
E. Professional Office Conditional Use Permit Written Response by applicant
48.
F. Employee Housing Conditional Use Permit Written Response and Employee
Housing Plan by applicant
G. Public Utilities Installations including Transmission Lines and Appurtenant
Equipment Written Response by applicant
H. Side Setback Variance Request for the Housing (H) District
1. Letter from the Town of Vail Public Works Department, dated February 14,
2008 .
J. Traffic Impact Analysis by Peak Land Surveying K. Telecommunications Antennae Specification Sheet
L. Variance Request for Building on a 40% Slope Written Response by
applicant
49
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Attachment C
PLANNING AND ENVIRONMENTAL COMMISSION
March 24, 2008
TOWN COUNCIL CHAMBERS I PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657 Commission Training, lunch was be served 12:30pm
MEMBERS PRESENT , MEMBERS ABSENT
Rollie Kjesbo Anne Gunion
Michael Kurz
`
Bill Pierce
Scott Proper
Susie Tjossem David Viele
Site Visits: 1:00pm
1. Solar Vail - 501 North Frontage Road West
2. Vail Cascade Resort and Spa -1300 Westhaven Road
Driver: Scot
1. A request for a final review for a development plan, pursuant to Section 12-61-91, development
Plan Required, Vail Town Code; a request for final review of a variance from Section 12-21-10,
Development Restricted, pursuant to Section 12-17-6, Criteria and Findings and Section 12-21-
16, Right of Appeal; and certain conditional uses, pursuant to Section 12-61-3, Conditional Uses,
Vail Town Code, to allow for a redevelopment of Solar Vail, into a mixed use development to
include Type VI employee housing units, professional offices, and public utilities installations
including transmission lines and appurtenant equipment, located at 501 North Frontage Road
West, Lot 8, Block 2, Vail Potato Patch, and setting forth details in regard thereto. (PEC070052/
PEC08006/PEC080013)
Applicant: Sonnenalp Properties, (nc., represented by Gwathmey Pratt Schultz Lindall
Architects, P.C.
Planner. Scot Hunn
Development Plan (PEC070052)
ACTION: Approved with condition(s)
MOTION: Kjesbo SECOND: Kurz VOTE: 5-1-0 (Pierce opposed)
CONDITION(S):
1. The Developer shall revise the plans prior to or concurrent with any application.
for Design Review to ensure the minimum standards for snow storage are met on-
site. A snow storage management plan may be provided in conjunction with any
requested variance from the standards to further demonstrate the Developer's
ability to comply with Town of Vail standards;
2. Prior to or concurrent with any application for Design Review, the Developer shall .
submit a Master Sign Program and install signage within the parking areas
designating "office" parking and "residential/tenant" parking. Any plan submitted
shall included provisions regulating maintenance of the hammerhead in the winter
months free from snow storage and accumulation to ensure use by all vehicles;
Page 1
~
3. The Developer shall be required to submit a detailed and final lighting plan,
showing all fixture locations, fixture types and lumens/output; such plan should
be accompanied by cut sheets for each proposed fixture in conjunction with any
Design Review application;
4. The Developer shali be required to submit a final site re-vegetation and erosion
control plan inclusive of details showing all areas to receive native re-seeding and
specifying rates of application, as well as temporary irrigation to be used, with any
Design Review appiication;
5. The Developer sha{I submit final details for Design Review for any fence to be
located between the Red Sandstone Elementary School site and Solar Vail.
Detailing for any fence shall compliment and otherwise match the materials,
textures and colors used on the Solar Vail building;
6. The Developer shall be required to provide a building code and fire code analysis
with any submittal for buitding permit; ,
7. The Developer shall obtain an access easement agreement from the Town of Vail
for any and all driveway, grading, draingage, retainage, planting or other ancillary
improvements on, over or across Town owned Tract A. Such agreement shall be
required to be executed prior to or in conjunction with any building permit
application;
8. The Developer submits a complete set of civil _ engineered drawings of the
Approved Development Plans including the required off site improvements, to the
Town of Vail Community Development Department for review and approval of the
drawings, prior to making application for the issuance of a building permit for the
Solar Vail building improvements;
9. The Developer submits a site specific geologic investigation in conjunction with
any building permit application, in accordance with Section 12-21-15, Vail Town
, Code, for any proposed development within a mapped Rock Fall Hazard areas;
10. The Developer shall address all the comments and conditions identified in the
memorandum from the Town Project Engineer dated February 14, 2008, in
conjunction with building permit application;
11. Pursuant to Chapter 12-23, Commercial Linkage, Vail Town Code, the Developer
shall provide 3.1 deed restricted bed(s), to be assigned to the approved office
uses on-site, peP the approved Employee Housing Mitigation Plan; and
12. The Developer shall provide the legally executed and duly recorded Type VI deed
restriction with the Eagle County Clerk & Recorder's Office for the on-site
employee housing units, and that said units shall sized according to the Town of
Vail minimum size,requirements according to Chapter 12-23, Vail Town Code, and
be made available for occupancy, prior to the issuance of a temporary certificate
of occupancy for the Solar Vail project.
Variations to Development Standards
ACTION: Approyed
MOTION: Kjesbo SECOND: Proper VOTE: 6-0-0
Page 2
Variance to 40% slope restrictions (PEC080013)
ACTION: Approved
MOTION: Kjesbo SECOND: Proper VOTE: 6-0-0
Conditional Use Permits (PEC080006)
ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Viele VOTE: 6-0-0
CONDITION(S):
1. The Conditional Use Permit granted for Professional Office uses will be subject to
"call up" by the Town, upon any determination by the Town that parking provided
on site is not adequate to accommodate the approved conditional uses on-site.
Scot Hunn presented an overview of the proposal and the Staff memorandum.
Henry Pratt with GPSL Architects, applicant's representative, presented a summary of the
changes to the plans since the Commission's last hearing. He stated their objection to the
proposed condition No. 1 concerning parking designations. He continued by stating his objection
to condition No. 2. He stated that the site is severely constrained and that providing the required
snow storage on-site will be difficult without snowmelting the entire driveway. He stated that the
applicant has already agreed to snowmelt the hammerhead at the request of the Town of Vail
Fire Department. He stated that providing snowmelt for the remainder of the driveway and
surtace parking areas will be cost prohibitive to the project and they requested the PEC grant
approval to not snowmelt the entire driveway; he suggested that the applicant may be amenable
to snowmelting parts of the driveway, in conjunction with using the exterior parking for temporary
snow storage. He reiterated that the applicant is willing to provide snow removal on an 'as-
needed' basis, at the applicant's cost. He stated their objection to condition No. 12 as it would
be cost prohibitive to the project. He stated their objection to condition No. 15. He requested
that the developer be required to deed restrict employee housing units prior to requesting a final
Certificate of Occupancy, rather than at Temporary Certificate of Occupancy as stated in Staff's
condition No. 14. He conclude by showing a 3-D model of the project.
Commissioner Kurz asked Staff to clarify condition No. 1..
Scot Hunn clarified the rationale behind the condition.
Commissioner Kurz asked if snowmelt could be exchanged for the commercial parking spaces.
Scot Hunn and Tom Kassmel, Town Engnieer, responded that a snow management plan would
be necessary and that snow can not be stored in the street right-of-way.
Commissioner Kurz asked if waiving the fee associated with condition No. 12 was a possibility.
Tom Kassmel noted that this project will affect traffic and public transit. Fees for the Middle
I
Creek project were not waived, but were supplemented by the Town in order to complete a
greater level of work.
Commissioner Kurz asked if condition No. 13 could be eliminated.
Scot Hunn responded that the condition could be re-written.
Commissioner Kurz requested clarification of condition No. 14.
Page 3
;
Commissioner Tjossem asked the applicant to clarify the design of the proposed fence.
Henry Pratt clarified and noted that the school district supported the design.
Commissioner Viele recognized this is a large building. He is amenable to amending the snow
storage as long as a snow storage plan is provide. He does not support the Town's control of
the deed restrictions.
Commissioner Proper summarized the benefit of new employee housing, but noted the deficit of
snow storage, parking and the large building height.
Commissioner Kjesbo proposed removing condition Nos.1 and 13. He agreed with allowing a
deviation to snow storage with a snow management plan. He noted while Middle Creek met the
standards, they were subsidized the land. He noted that this is a very large •building.
Jim Lamont, Vail Home Owner's Association, agreed with reducing parking on this project, if site
conditions make compliance with full requirement impractical, as an incentive for employee
housing. An additional floor of underground parking would improve access to the site. However,
he noted concern about the precedent this building would create with no screening or stepping of
the building. lt would be inconsistent with the step down massing of the Middle Creek Affordable
Housing Project and the redeveloped Roost Lodge. The proposed building could look out of
place and exposed for many years, unless or until development was allowed to infill around it.
He would prefer to see a master plan with design guidelines for buildings along the North
Frontage Road instead of developer economics being used to differentiate standard between
public and private development projects in the same area. He proposed a compromise, noting
that no utilities are Iocated in the 30-foot front utiliry easement, but should be relocated to the
adjacent Frontage Road right of way, and suggested the plan be revised to use that area to step
down the building. He suggested that new mass could be added to the front of the building or
higher masses could be lowered. He also noted that there was additional unallocated site
coverage and GRFA to accomplish the step backs without compromising the proposed development program.
,
Ron Byrne noted that the density of Middle Creek may not have been enough, and this proposed density better hits the mark. He noted that in the long term many buildings on the frontage road
may change in massing. He supports the design of the building.
Commissioner Pierce noted that a developer can build on this site, yet the Town has zoned their
property on this same hillside to prevent development. He asked for clarification about what
uses could be allowed on the site in the future. t He asked the applicant to clarify the location of
the proposed cell phone antennas.
Henry Pratt clarified the locations. He continued by stating that ERWSD has indicated that
utilities are currently located in both; easements. He also clarified the difference between
providing employee housing "beds" and employee housing "units", in response fo condition No.
13. He reiterated their request to use the exterior parking spaces as temporary snow storage.
Warren Campbell suggested the Commission allow different deviations to the parking numbers
on a seasonal basis as part of the motion in otder to address the snow storage issue.
Henry Pratt noted that since no improvements are needed for the Frontage Road, they do not
wish to pay a traffic impact fee.
, Page 4
Commissioner Kjesbo clarified that parking will not be permitted on the Frontage Road, so the
applicant will need to manage their parking situation. Additionally, any conditional use permit
could be called-up if parking problems occurred.
Commissioner Kurz asked for clarification as to how the traffic impact fees would be used.
Tom Kassmel noted that the fees will be added to the traffic improvement funds and wili likely be
used at the main roundabout.
Warren Campbell clarified the funds will be used within the vicinity of the project.
Commissioner Kjesbo made a motion to approve the development plan, with changes to the
Staff recommended conditions, inclusive of striking condition Nos. 1 and 12, and amending
condition Nos. 2 and 13.
Commissioner Pierce noted his concern about waiving traffic impact fees for the commercial
uses of the project.
Commissioners Kjesbo and Proper stated their opinion that the benefits of the project off-set the
requested waiver of traffic impact fees.
Commissioner Pierce voted against the development plan, noting his opposition to waiving the
commercial use traffic impact fees.
The Commissioners unanimously approved the other requests associated with this proposal.
2. A request for a final recommendation to the Vail Town Council on a major amendment to Speciai
Development District No. 4, Area A, Vail Cascade, pursuant to Article 12-9A, Special
Development District, Vail Town Code, to allow for an addition to the Vail Cascade Resort and
Spa by enclosing portions of two decks, located at 1300 Westhaven Drive/Cascade Village
Subdivision, and setting forth details in regard thereto. (PEC080007)
Applicant: L.O. Holding, Inc., represented by JG Johnson Architects
Planner: Nicole Peterson
ACTION: Approved with condition(s)
MOTION: Kjesbo SECOND: Viele VOTE: 6-0-0
CONDITION(S):
1. That the Developer receives final review and approval of the proposed development
plan by the Town of Vail Design Review Board, prior to making an application for the
issuance of a building permit.
2. That the Developer meet the Commercial Linkage requirement set forth in Section 12-
23, Vail Town Code.
Nicole Peterson presented an overview of the.proposal and the Staff memorandum.
There was no public comment.
Commissioner Viele disclosed his firm reviewed a similar construction project with the applicant,
but is not under contract for any work and does not have a conflict of interest. He noted the
substantial cost of the employee housing fees being assessed for this minimal addition.
Commissioner Proper had no comment.
Page 5
. Attachment D
THIS ITEM MAY EFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing
in accordance with Section 12-3-3, Vail Town Code, on Tuesday, May 6, 2008, at 6:00 PM in '
the Town of Vail Municipal Building, in consideration of:
ITEM/TOPIC:
An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and
Environmental Commission's approval of a request for a final review for a development plan,
pursuant to Section 12-61-11, Development Plan Required, Vail Town Code; a request for final
review of a variance from Section 12-21-10, Development Restricted, pursuant to Section 12-17-6,
Criteria and Findings and Section 12-21-16, Right of Appeal; and a request for final review of certain
conditional uses, pursuant to Section 12-61-3, Conditional Uses, Vail Town Code, to allow for a
redevelopment of Sofar Vail into a mixed use development to include Type VI employee housing
units, professional offices, and public utilities installations including transmission lines and
appurtenant equipment, located at 501 North Frontage Road West, Lot 8B, Block 2, Vail Potato
Patch, and setting forth details in regard thereto. (PEC070052; PEC080006; and PEC080013)
Appellant: Vail Town Council
Planner: Scot Hunn
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 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.
Published April 18, 2008, in the Vail Daiiy.
PLANNING AND ENVIRONMENTAL COMMISSION
' April 28, 2008
1:OOpm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Rollie Kjesbo Bill Pierce
Michael Kurz
Sarah R. Paladino (departed at 2:40 after Item 3)
Scott Proper
Susie Tjossem
David Viele Y
Site Visits:
1. Osaki Sushi Restaurant - 100 East Meadow Drive
2. Peters Residence - 2955 Bellflower Drive
Driver: Warren
30 minutes
1. A request for a final review of variances from Sections 12-613-6, Setbacks, 12-6D-9, Site
Coverage, Section 12-6D-11, Parking, and Section 14-3-2F, Other Requirements, Vail Town
Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition
and remodel with required parking located partially within the public right-of-way, located at 2955
Bellflower Drive/Lot 6, Block 6, Vail Intermountain, and setting forth details in regard thereto.
(PEC080018)
Applicant: Alan Peters, represented by Carl Mueller
Planner: Nicole Peterson
ACTION: Approved with condition(s)
MOTION: Viele SECOND: Kurz VOTE: 6-0-0
1. The variance approvals are contingent on the Applicant obtaining Town of Vail
approval of a design review application for the proposed additions.
2. The Applicant shall submit a revocable right-of-way permit to Public Works for all
improvements located within the Bellflower Drive right-of-way prior to issuance of the
building permit.
3. The Applicant shall deed restrict the secondary dwelling unit as a Type I Employee
-
Housing Unit and file all necessary documentation with the Town of Vail Housing
Coordinator prior to the issuance of the Certificate of Occupancy.
4. The Applicant shall trim the large existing evergreen tree in the front yard so that no
limbs hang below 7 feet as measured from the ground, upward, prior to the issuance
of the Certificate of Occupancy.
Nicole Peterson presented a summary of the Staff memorandum.
Carl Mueller, applicant's representative, was available for questions.
There was no public comment.
Commissioner Proper asked for clarification of the scope of this proposal in comparison to the
other variances granted in the neighborhood. He also clarified the hardships on the property.
Page 1
c.
Commissioner Viele noted the similarity of this proposal to past variance approvals. He noted
that the house was originally constructed under Eagle County jurisdiction and this variance
approval would not be a grant of special privilege.
Commissioner Kurz asked for clarification concerning the deed restrictions of the EHU.
Commissioner Paladino had no comment.
Commissioner Tjossem questioned if the second floor bedroom was a grant of special privilege
given its location within the setback. She noted that the garage was a positive addition.
Commissioner Kjesbo noted the EHU deed restriction and the new garage are in keeping with
the Town's development goals.
- 15 minutes
2. A request for final review of a final plat for a minor subdivision, pursuant to Chapter 13-4, Minor
Subdivisions, Vail Town Code, to allow for a re-subdivision of the Front Door Site, located at 151,
250, and 280 Vail Lane/(a complete legal description is available for inspection at the Town of
Vail Community Development Department upon request), and setting for details in regard
thereto. (PEC080019)
Applicant: Vail Resorts Development Company ,
Planner: Warren Campbell
ACTION: Approved
MOTION: Viele SECOND: Proper VOTE: 6-0-0
Warren Campbell presented a summary of the proposal and the Staff memorandum. Warren
noted some minor corrections that had been made to the proposed final plat by the applicant's
legal representatives subsequent to the printing of the Staff memorandum.
Gerry Arnold, Vail Resorts, was available for questions.
Jim Lamont, Vail Homeowner's Association, asked for clarification concerning the boundary with
Mill Creek Subdivision.
There were no Commissioner comments.
15 minutes
3. A request for a final recommendation to the Vail Town Council for a major amendment to Special
Development District No. 6, Vail Village Inn, pursuant to Article 12-9A, Special Development
District, Vail Town Code, to allow for an addition to the Osaki's Sushi restaurant, located at 100
East Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in _ regard
thereto. (PEC080016) '
Applicant: Takeshi and Kazue Osaki, represented by K.H. Webb Architects
Planner: Bill Gibson
ACTION: Recommendation of approval with condition(s)
MOTION: Tjossem SECOND: Proper VOTE: 4-0-2 (Kjesbo 8 Viele recused)
1. The Applicants.must obtain final review and approval of the proposed development
plan by the Town of Vail Design Review Board, prior to making an application for the
issuance of a building permit.
2. The Applicants shall provide the legally executed and duly recorded deed restriction
with the Eagle County Clerk & Recorder's Office for the off-site employee housing unit
prior to the issuance of a temporary certificate of occupancy for the construction
associated with this amendment.
3. The Applicants shall make the off-site employee housing unit ready for occupancy
prior to the issuance of a temporary certificate of occupancy for the construction
Page 2
associated with this amendment, in accordance with Section 12-23-10, Timing, Vail
Town Code.
4. The Applicants shall make the loading and delivery ramp ready for use prior to the
issuance of a temporary certificate of occupancy for the construction associated with
this amendment.
5: The Applicants must obtain Town of Vail Public Works Department approval of the
loading and delivery ramp design prior to first reading of an'ordinance by the Vail
Town Council for the proposed SDD amendment.
Commissioner Kjesbo and Commissioner Viele recused themselves due to conflicts of interest.
Commissioner Kurz chaired the meeting for this item.
Bill Gibson presented a summary of the Staff memorandum.
Kyle Webb, representing the Osaki's, stated their concerns about installing steep loading and
delivery ramp adjacent to the Osaki's restaurant expansion. He requested that the Commission
forward a recommendation of approval of the proposal and recommend elimination of the
proposed ramp. .
George Ruther, Director of Community Development, spoke to the topic of the loading and
delivery ramp. He explained the history of the Vail Village Inn development and the Vail Plaza
Hotel. He explained the need for the ramp and why this project in being required to construct a
loading and delivery ramp. He added that if the condition for the loading and delivery ramp were
eliminated from the proposal, Staff would recommend denial of this application.
Jim Lamont, representing Vail Homeowners, requested clarification about connections between
the various Vail Village Inn phases that were proposed at the time of the Vail Plaza Hotel
development.
George Ruther stated that the connections were not installed as per the Ordinances for several
reasons. One being cost and the other is the desire of Phase III owners to not allow deliveries
and trash to be routed through their structure. He reiterated the importance of needing a ramp or
lift to vertically circulate the trash and deliveries.
Kyle Webb reiterated that he did not believe the ramp would be used due to its steepness, but
the applicant was willing construct it if that would satisfy Staff's recominended conditions. He
further added that a toading and delivery lift was price estimated to be in excess of half of the
total cost of the proposed addition.
Commissioner Proper asked if the ramp was heated and how it compared to the width of 'a
standard hallway.
Kyle Webb stated the ramp was not heated and that the ramp was two feet wide and a hallway is
typically three feet.
Commissioners Tjossem and Palidino asked why this one business owner was being asked to
construct the loading and delivery ramp improvements that should be the responsibility of the
Vail Village Inn owners association.
' George Ruther explained the history of the development of Vail Plaza Hotel and the ownerships
unwillingness to allow alternative loading and delivery improvements to be construction during
Page 3
the Vail Plaza Hotel construction. He noted that the proposed restaurant expansion could affect
other possible loading and delivery alternatives.
Commissioner Kurz stated his thoughts that the project included several benefits which would
better the property and the community.
60 minutes
4. A request for a final recommendation to the Vail Town Council of a proposed update and review
of the Vail Village Master Plan, pursuant to Section VIII-C, Adoption, Extensions, and
Amendments, Vail Village Master Plan, to affirm the applicability and purpose of the Master Plan,
located within the boundaries of the adopted Master Plan/(a complete legal description is
available for inspection at the Town of Vail Community Development Department upon request),
and setting forth details in regard thereto. (PEC080020) Applicant: Town of Vail
Planner: George Ruther
ACTION: Tabled to June 23, 2008
MOTION: Viele SECOND: Proper VOTE: 5-0-0
George Ruther, Director of Community Development, presented a power point presentation on
the history and purpose of the Vail Village Master Plan. He further added that the Community
Development was proposing an update of the Master Plan so that it remains a functional and
usable document. This is not an amendment to change the current recommendations and
tenants of the Master Plan.
Jim Lamont, representing Vail Homeowners, stated that he saw his role as one of filling in the
history from a Staff perspective in this process. He further added a greater account of the history
of the development of Lionshead and the economics that were in play during the original
Lionshead Master Plan. He continued by stating that the residential condominium associations
need to be included as well in the process to cover those representing floor levels above the
commercial basements and street level spaces. He also highlighted the importance of the sub-
area plans and how they all interact together to accomplish the goals and objectives of the
Master Plan. He concluded by suggesting that a method such as the internet should be'used to
continue the education of citizens into the future about the blood, sweat, and tears that went into
the original Master Plan and the current proposed update.
Commissioner Viele suggested including all the owners of property in the Village.
5 minutes
5. A request for final review of a major exterior alteration pursuant to Section 12-71-1-7, Exterior
Alterations or Modifications, and conditional use permit pursuant to Section 12-71-1-3, Permitted
and Conditional Uses; First Floor or Street Level, to allow for the redevelopment of the North Day
Lot with a structure containing Type III employee housing units, located at 600 West Lionshead
Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto.
(PEC080009)
Applicant: Vail Resorts Development Company, represented by the Mauriello Planning Group,
LLC
Planner: Warren Campbell/George Ruther
ACTION: Table to May 12, 2008
MOTION: Viele SECOND: Kurz VOTE: 5-0-0
5 minutes
6. A request for final review of a conditional use permit pursuant to Section 12-71-1-5, Conditional
Uses; Generally (On All Levels of A Building or Outside of A Building), Vail Town Code, to
facilitate the construction of a public building, grounds, and facilities (transportation center) on
the North Day Lot, located at 600 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3,
and setting forth details in regard thereto. (PEC080010)
Page 4
Applicant: Town of Vail
Planner: Warren Campbell/George Ruther
ACTION: Tabie to May 12, 2008
MOTION: Viele SECOND: Kurz VOTE: 5-0-0
5 minutes
7. A request for final review of a major exterior alteration, pursuant to Section 12-713-7, Exterior
Alterations or Modifications, a request for a conditional use permit pursuant to Section 12-713-5,
Permitted and Conditional Uses; Above Second Floor, a request for variances from Section 12-
713-15, Site Coverage, and Section 12-76-16, Landscaping and Site Development, pursuant to
Chapter 12-17, Variances, and a request for amendments to an adopted view corridor pursuant
to Section 12-22-5, Amendments, and Section 12-22-6, Encroachments into Existing View
Corridors, Vail Town Code, to a{{ow for the re-development of the Clock Tower Build'ing (Gorsuch
Ltd. Building) to include three floors of above grade structure, a new clock tower, and an eating
and drinking establishment above the second floor, located at 263 East Gore Creek Drive/Lots D
and E, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC070025)
Applicant: Gorsuch Ltd. and John P. McBride, represented by Resort Design Associates
Planners: Scot Hunn
ACTION: Table to May 12, 2008
MOTION: Viele SECOND: Kurz VOTE: 5-0-0
5 minutes
8. A request for a final recommendation to the Vail Town Council of a proposed amendment to the
Vail Village Master Plan, pursuant to Section VIII-C, Adoption, .Extensions, and Amendments,
Vail Village Master Plan, to amend Sub-Area 4, Transportation Center, to facilitate the
redevelopment of the site with employee housing, commercial, and office uses, located at 241
South Frontage Road East/Tracts B and C, Block 5D, Vail Village Filing 1, and setting forth
details in regard thereto. (PEC080015)
Applicant: Town of Vail
Planner: George Ruther
ACTION: Withdrawn
9. Approval of April 14, 2008 minutes
MOTION: Vile SECOND: Tjossem VOTE: 5-0-0
10. Information Update
George Ruther gave a report on the hearing with Town Council with regard to the North Day Lot
proposed Lionshead Redevelopment Master Plan amendments.
11. Adjournment
MOTION: Kurz SECOND: Viele VOTE: 5-0-0
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 April 25, 2008, in the Vail Daily. .
Page 5
DESIGN REV{EW BOARD AGENDA
, PUBLIC MEETING
j April 16, 2008
~M ~ Council Chambers
75 S. Frontage Road - Vail, Colorado, 81657
PROJECT ORIENTATION 1:30pm
MEMBERS PRESENT MEMBERS ABSENT
Pete Dunning Tom DuBois
Mike Dantas
Brian Gillette
Elizabeth Plante
SITE VISITS 2:30pm
1. Town of Vail/CDOT Earthen Berm - North Frontage Road East and I-70 overpass
2. Jeranko Residence - 2650 Bald Mountain Road Driver: Warren
PUBLIC HEARING - TOWN COUNCIL CHAMBERS 3:00pm
1. Smith Residence DRB080033 / 5 minutes Bill
Final review of new construction (single-family)
333 Beaver Dam Road/Lot 41, Block 7, Vail Village Filing 1
Applicant: Paul & Annette Smith, represented by VAg, lnc.
ACTION: Approved with conditions
MOTION: Dantas SECOND: Gillette VOTE: 4-0-0
CONDITION(S):
1. Prior to the issuance of a Temporary Certificate of Occupancy; the applicant shal{ grant and
. execute all necessary documents for a 10 foot drainage easement along the western boundary
of the subject property.
2. Dantas Residence DRB080072 / 20 minutes Nicole
Final review of new construction (duplex)
2851 Basingdale Blvd/ Lot 4, Block 8, Vail Intermountain
Applicant: Dantas Builders, represented by Michael Pukas, MPP Design Shop
ACTION: Approved with conditions
MOTION: Gillette SECOND: Plante VOTE: 4-0-0
CONDITION(S):
1. The applicant shall plant one additional coniferous tree on the west side of the proposed
duplex and shall submit a revised landscape plan, reflecting the additional planting, at the
time of building permit submittal.
2. The applicant shall change the stucco trim band, on the east elevation, to a similar width as
the trim band on the other 3 elevations and the stone wainscote shall be brought up to
compensate the trim band width. The applicant shall submit a revised east elevation plan,
reflecting the changes, at the time of building permit submittal.
Page 1
3. The applicant shall change the fhree (3) stucco bump-outs (Material #11) to wood siding
(Material #13) on the north elevation. -The applicant shall submit a revised, north elevation
plan, reflecting the changes, at the time of building permit submittal.
3. Cheney & Goldman Residence DRB080047 / 5 minutes Nicole
Final review of an addition (garage)
4220 Spruce Way/ Lot 1, Block 7, Bighorn 3`d Addition
Applicant: Maryalice Cheney & Scott Goldman, represented by VAg, Inc.
ACTION: Approved with conditions IVIOTION: Dantas SECOND: Gillette VOTE: 4-0-0
CONDITION(S): .
1. The.applicant shall plant one additional evergreen tree on the property and shall submit a.
revised landscape plan, reflecting the additional planting, at the time of building permit. 4. Versman Residence DRB080048 / 15 minutes Nicole
Final review of an addition (garage)
4230 Spruce Way/Lot 1, Block 7, Bighorn 3`d Addition Applicant: Ken & Linda Versman, represented by VAg, Inc.
ACTION: Tabled to the May 7, 2008
MOTION: Dantas SECOND: Plante VOTE: 4-0-0
5. Town of Vail DR6080029 / 15 minutes Nicole
Final review of new construction (kiosks)
Vail Village and Lionshead
Applicant: Town of Vail, represented by Todd Oppenheimer
ACTION: Denied
MOTION: Dantas SECOND: Gillette VOTE: 4-0-0
6. Jeranko Residence DRB080074 / 5 minutes Warren
Final review of an addition (new entry, fagade remodel) `
2650 Bald Mountain Road/Lot 30, Block 2, Vail Village.Filing 13
Applicant: Stanley and Karen Jeranko, represented by Morter Architects
ACTION: Approved MOTION: Dantas SECOND: Gillette VOTE: 4-0-0
7. Town of Vail/CDOT DRB080089 / 10 minutes Warren
Final review of a minor alteration (East Vail noise berm)
North Frontage Road East and I-70 overpass/Tract A, Vail Village Filing 13
Applicant: Town of Vail, represented by Greg Hall and CDOT represented by Martha Miller
ACTION: Approved with condition(s)
MOTION: Dantas SECOND: Gillette VOTE: 4-0-0
CONDITION(S):
1. The applicant shall install 100, 5-gallon spruce trees on the north side of the approved berm
extension by no later than November 31, 2010.
Staff Approved ,
Plzak Residence DRB080044 ' Rachel
Final review for an addition (entry and garage)
740 Sandy Lane/Lot 4, Block 2, Vail Potato Patch Filing 2
Applicant: Max & Beth Plzak, represented by Beth Levine Page 2
Kirschner Residence DRB080068 Nicole
Final review of changes to approved plans (office and deck)
1995 Chamonix Lane/ Lot 27, Buffehr Creek
Applicant: John Kirschner, represented by Kirk Aker, Aker Architects
Sciotto Residence DR6080085 > Rachel
Final review of a residential addition (storage)
380 East Lionshead Circle/Lot 7, Block 1, Vail Lionshead Filing 1
Applicant: Beck Building Company
Purchase Residence DRB080062 Rachel
Final review of a change to approved plans (mechanical room)
4418 Columbine Drive/ Lot 3, Bighorn Filing 3
Applicant: John Purchase; represented by Bill Wright
The Chalets at The Lodge at Vail DRB080088 Warren
Changes to approved plans (windows) 151 Vail Lane/Lots 1& 2, Mill Creek Subdivision
Applicant: The Chalets at The Lodge at Vail
Dantas Residence DR6080091 Rachel
Final review of a change to approved plans (dining room, mechanical room)
1778 Alpine Drivel. Lot 11, Vail Village West Filing 1
Applicant: Dantas Builders
Gonzalez Residence DRB080077 Warren
Final review of an addition (bedrooms)
100 E Meadow Drive, Units 77 and 78/ Lot O, Block.SD, Vail Village Filing 1
Applicant: Gerardo Schroeder Gonzalez, represented by Victor Mark Donaldson Architects
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 3 -
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MEMORANDUM
TO: Town Council
FROM: Community Development
DATE: May 6, 2008
1
SUBJECT: Goals for the Town of Vail Strategic Housing Plan
1. INTRODUCTION
The Town of Vail recognizes employee housing as basic infrastructure.
This housing allows employees to live in the town thereby promoting
community, supporting the local economy, and reducing regional
transportation needs. The Strategic Housing Plan seeks to provide
enough deed-restricted housing for at least 30 percent of Vail's workforce
to live in the Town t hrough policies, regulations, funding and publicly
initiated development. This Plan will be used as a decision-making guide
for the implementation of the Town's employee occupied housing
programs.
The Plan will:
? Document the current approaches to providing employee housing.
? Address the Strengths, Weaknesses, Opportunities and Threats.
? Identify goals and methods the Town will pursue to accomplish the
identified objectives.
? Provide background information on Town housing definitions,
policies and initiatives and are included as a resource.
? Recognize and affirm the importance of Vail serving as a regional
partner in the provision of employee housing.
II. GOALS OF THE STRATEGIC PLAN
The most critical clarification around the existing employee housing goal is
as follows:
1. To have deed restricted employee housing for at least thirty
percent of the workforce. Or the goal is to have at least thirty
percent of Vail's workforce living within the Town of Vail?
If the goal is to ensure deed restricted employee housing for at least thirty
percent of. the workforce, that goal is very different than existing
conditions. With current trends this may be essential to achieve the goal
of at least thirty percent of Vail's workforce living within the Town. Today,
, 1
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there are 655 deed restricted employee housing units in the Town of Vail
out of approximately 1,500 employee occupied units..
Recognizing the impact of each housing development on the community,
another important goal to be addressed is as follows: ~
2. Recognizing the limited opportunities within the Town of Vail,
who does the community want to provide housing for?
It is important to understand the benefits employee housing creates within
, the Town of Vail and its impacts on the future of the community: To help
Town Council and the Housing Authority address this particular question, a Community Open House will be held in June to discuss this particular
goal. This focus on community must also be tempered with the types of jobs
that. are being created by. new development and redevelopment. It is
important to understand the balance between the ability to create
community and the type of housing most needed by the local workforce.
An additional goal to be defined is based directly on this issue. Strong
political support will be essential to ensure the Strategic Plan includes a
goal addressing afFordability vs. occupancy restrictions.
3. Is the goal affordable housing or occupancy restricted housing?
a. Should the Town be focusing its efforts on affordable
housing and let the private sector focus on occupancy
restricted housing?
i. This is historically what has occurred.
ii. The Town's current regulatory requirements do not
create affordable housing. iii. It requires a greater subsidy to provide affordable
housing than occupancy restricted housing.
b. An important consideration is what types of jobs are
being generated by new development and
redevelopment.
c. This will help define the housing developed at the
. Chamonix Parcel housing and the Timber Ridge
redevelopment. 2 ,
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III. NEXT STEPS
With clear policy direction from Town Council, Staff along with the Housing
Authority and other Town Boards, will begin to identify specific action
steps for the next five years. Every action step will tie back to the
. identified goals for the Town's Strategic Housing Plan.
The draft Strategic Housing Plan will be presented to the Vail Economic
. Advisory Council at their regular meeting on May 13 2008. Their input
from an economic perspective will be incorporated into the Strategic
Housing Plan. The Vail Local Housing Authority will meet twice in May to further discuss
the Strategic Plan based upon the specific input the Town Council has
provided around the Town's goals. They will be meeting on May 13th and
May 27th from 11:00 AM to 1:00 PM.
Throughout May, Staff will meet with local employers to better understand
their employee housing wants and expectations. This input will also be
incorporated into the Strategic Plan.
Staff will schedule another work session with the Town Council at its June
3, 2008 hearing to further discuss the draft Strategic Housing Plan.
IV. ATTACHMENT
Draft Town of Vail Strategic Housing Plan 3
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V~iORK }N P'fZOGRESS ;
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TOWN OF VAIL ~
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. . Strategic Ho~using Pian
"To ensure ~at least 30% of Vail's workforce
. lives within the Town of Vail"
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August 5, 2008
Adopted by Resolution No.
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Series of 2008
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In acknowledgement of the commitment to ensure deed restricted housing
options for at least 30% of Vail's workforce within the Town of Vail.
Vail Town Council Vail Local Housing Authority
Dick Cleveland, Mayor Mark Ristow, Chairman
Andy Daly, Mayor Pro-Tem Sally Jackle
Kevin Foley Steve Lindstrom
Mark Gordon Ethan Moore
Farrow Hitt Kim Newbury
Kim Newbury
Margaret Rogers
Planning and Environmental Commission
Bill Pierce, Chairman Anne Gunion Rollie Kjesbo Michael Kurz
Scott Proper Susie Tjossem
David Viele
Local Employers Vail Economic Advisory Council
Vail Resorts, Inc. Mark Gordon-
Vail Valley Medicat Center: . Dick Cleveland
Town of Vail Greg Moffet
Open Hospitality ~ Rick Scapello
Vail Cascade Hotel and Spa Robin Litt
Vail Plaza_Hotei - , Sally Hanlon
Vail Valley CFiamber, Bill Jensen
Eagle'County Rob Levine
Eagle County School District Pam Stenmark
. Mark Cervantes
RRC Associates, Inc - ~ Matt Morgan
Chris Cares . Brian Nolan
Steve Kauffman
Board of County Commissioners Tori Franks
Arn Menconi, Chairman Rayla Kundolf
Peter Runyon Bob McNicols
Sarah Fisher Bob Boselli
Alan Koslof
M. Joseph McHugh
2
Table of Contents
1. Purpose
II. Life Cycle
III. Goals
a. Keep Up
i. Who does the Town want housed?
1. For Sale and Rental
ii. What types of jobs are being generated?
1. Affordable or Occupancy Restricted
b. Catch Up
i. What employees are leaving town?
1. Would other housing options keep them here?
2. What would most enhance the community?
ii. Who does the Town want housed?
1. Types of Units
iii. What types of jobs are being lost in town?
1. What makes the most economic sense?
IV. Methods
a. SWOT Analysis V. Roles and Responsibilities
a. Vail Town Council
b. Vail Loca1 Housing Authority
c. Planning and Environmentat Commission
VI. Action Steps
a. Tools Already in Place
i. Regulatory Requirements
ii. Town Initiated Development and Acquisition
b. Options of Others?
c. Economic Impacts
d. Land Use Inventory
e. Where???
f. Revenue Streams
g. Partnerships ,
h. Zoning Text Amendments
i. One to Five Years
i. Policy
ii. New Development
iii. Funding
iv. RegionalOpportunities
3
j. Five to Ten Years
VII. Schedule
a. Vail Town Council
b. Vail Local Housing Authority
c. Planning and Environmental Commission.
, . F}
` f.
4
TOWN OF VAIL
STRATEGIC HOUSING PLAN
1. PURPOSE
The Town of Vail recognizes employee housing as basic infrastructure.
This housing allows employees to live in the town promoting community,
improving the quality of our local workforce thereby supporting the local
economy, and reducing regional transit needs. The Plan seeks to provide
enough deed-restricted housing for at least 30 percent of the workforce to
live in the Town of Vail through policies, regulations and publicly initiated
development. This Plan is a decision-making guide for the implementation
of employee occupied housing programs.
The Plan documents current approaches to providing employee housing.
It also identifies goals and methods the Town will pursue to accomplish
the identified objectives. In addition, the Appendices provicfe background
information on Town housing definitions, policies and initiatives and are
included as a resource. '
This plan also recognizes and affirms the importance of Vail serving as a
regional partner in the provision of employee housing.
II. LIFE CYCLE
The Town of Vail Strategic Housing Plan is based on a five-to-ten year
planning horizon; it looks well into the future anticipating the needs for
employee housing over time. The Plan also contains identified "action
steps" targeted for a one to . three year period. These action steps will
need to be evaluated ,annually and it is anticipated that they will be
updated at least every three years as market conditions change.
!N. GOALS
A. Provide housing to address needs generated by new development or
redevelopment. It is documented and understood that new
development will require employees and a goal of this Plan is to
provide for that housing. This goal is also referred to as " Keep Up" in
the Plan; going forward the Town will attempt to address employee
housing needs by requiring those needs to be met as a condition of
new development.
B. Respon d to the existing affordable housing shortfall by pursuing a
number of identified programs and development opportunities. This
goal is also referred to as "Catch Up" in the Plan; it describes efforts to
5
.
address deficiencies in the available housing inventory that have
arisen over a period of years.
IV. METHODS
The Town of Vail will pursue three broadly described methods to achieve
the Town's housing goals.
A. Regulatory Requirements will be Imp osed by the Town
¦ New development will be required to address a portion of its
housing demand within the Town of Vail. ~
B. Th e Town witl Initiate Development and Acquisition
¦ To address employee housing needs beyond the regulatory
requirements for new development; and
¦ To respond to the desire to promote a more diverse and vibrant
local community. ,
C. Regional Partnerships will be formed
¦ To address employee housing needs beyond the regulatory
requirements, including:
i. Public / Private, _and _
ii. Multi Jurisdictional '
V. ACTION STEPS . A. The Tovvn wi{{ continue to use tools already in place including:
a. Regulatory
-i. Linkage
ii:. :Inclusio,nary
.iii. ' Housing District
b.,. Town Initiatives
, i, , Buy Downs
.ii: Incentives
iii. Density
iv. Participation in actual developments including:
1. Timber Ridge
2. Middle Creek
3. Chamonix
4. Buzzard Park
6
i
5. (etc.etc.)
c. Regional
i. Miller Ranch
ii. (Does ECO transit get mentioned???)
B. Funding C onsiderations
C. One to Five Years
D. Five to Ten Years
VI. ROLES AND RESPONSIBILITIES .
A. Vail T own Council B. Vail Loc al Housing Authority
C. Planning and Environmental Commission
VIII. SCHEDULE
A. Vail Town Council
May 6, 2008 Work Session
Affirm Housing Goals and Purpose of the Plan
Review proposed ac#ions and timefine
June 3, 2008 Work Session
July 1, 2008 Work Session
August 5, 2008 Adoption by Resolution
B. Vail Local Housing Authority
March 24, 2008 VLHA Work Session
Met with consultant (Chris Cares)
Dusted off previous work towards a TOV Strategic Plan
April 10, 2008 VLHA Work Session
Review and update proposed actions and timeline
April 24, 2008 VLHA Work Session
7
Further refine actions and timeline for Council meeting
May 13, 2008 Vail Economic Advisory Council
May 15, 2008 VLHA Work Session
May - June, 2008 Meet with Local Employers
June 10, 2008 Vail Economic Advisory Council
June 19, 2008 VLHA Work Session
June XX, 2008 Community Open House
July 15, 2008 Vaii Economic Advisory Council
July 17, 2008 VLHA Work Session :
C. Planning and Environmental Commission
June 9, 2008 - Work Sessian
Review and provide input on draft Strategic Plan
June 23, 2008 , Wock Session
July 14, 2008 : Formal Recommendation
July 28, 2008 . Formal Recommendation, if
needed
8
.
,
Definitions
The following definitions are applicable for the terms used in this Plan.
Area Median Income (AMI) Limits - most communities establish income limits
for the programs they administer based on the area median income (AMI) for the
area according to household size, which are adjusted annually by the
Department of Housing and Urban Development (HUD). Four different income
categories are defined for various programs and policies:
1. Extremely low-income, which is less than 30 percent of the median family
income;
2. Very low-income, which is between 30 and 50 percent of the median family
income;
3. Low-income, which is between 50 and 80 percent of the median family
income;
4. Middle income, which is between 80 and 120 percent of the median family
income; and
5. Above middle income, which is over 120 percent of the median family income.
Catch-Up Housing - Housing needed to "catch-up" to current deficient housing
conditions. In this Plan, catch-up housing needs are defined by current resident
households reporting housing problems (overcrowded, cost-burdened and/or
living in substandard housing conditions), current renters and owners looking to
purchase a home and in-commuters that would like to move to Vail. Catch-up
housing is generaliy addressed through :local city development initiatives, non-
profits and housing groups and public/private partnerships.
Commercial Linkage - A commercial litikage program requires that developers
of commercial space contribute to the provision of deed restricted employee
housing in proportion to the housing need that they generate by creating new
jobs.
Housing Continuum, The - As illustrated below, it is possible to estimate the
number of resident households in the Town of Vail at various income levels. Vail's planning is based on addressing the needs of households of different
incomes, recognizing that there is a need to ensure housing for a diversity of
households.
9
u
80-7009/9AMI 120-1400/oAAAI
Max Incort?e $73,000 Max Income E709,500
Max Retk $7,825 Niax Rent E2,738
Max Price $241,432 700% AMI MaX PriCE $334,741
140°k ANq
Over 140%ANp
50-80%AIW 80%ANB IVIaX InOWY1e Over S109,500
Max Incortie $53.850 80-1 W°!o AMI Max Rent Over 82,738
Max Rent $1,346 420o-Y17.4% Niax Price Over $334,741
Niax Price $780,238
504U°Y6 ANB . .
5W/6 AN 346 Wi14.1%
. • M. -
<=50°/6 ANU ' I (
Niax Incarne $36,500 cmw°i6 ARid
Niax Rerrt $913 401 FPif1B.4% .
Niax Price $724,796 2007 Vail Householft
Inclusionary Zoning - requires a minimum percentage of:. residential
developmernt be provided to serve local' employees as part of new: residential
developments (10 percent in Vail). Inclusionary: zoning-is a housing production
obligation based on the community's need for erttployee housing as related to
many factors, including a decreasing developable sup^ply of land, rising home
values, insufficient provision of housing affordable to residents by the market,
etc., in addition to any direct employee generatio_n impacts'of development.
Keep-Up Housing - Housing units needed to keep-up with future demand for
housing. In this P1an, keep=up housing . needs focuses on new housing units
needed as a result of job gr.owth in Vail and new employees filling those jobs.
Keep-up housing is .often addcessed by the existing free-market, as well as
regulatory requirements or; incen#ives; #o produce housing that is needed and
priced below the :current market.
Lev.els of Homeownership =;When discussing affordability of properties by
Area Median Income (AMI) level (defined above) and the types of homes
households lamong different AMI groups are seeking, reference is made to a
couple different-"stages of homeownership. This includes:
1. Entry-level owne.rship/first-time homebuyers: These are households typically
earning in the Iower to middle income range. In Vail, these are households
earning 50 to 100 percent of the AMI. These include households that
currently rent (or otherwise do not own a home) and are looking to purchase
their first home.
2. Move-up buyers: These are households earning in the middle to upper
income range (about 100 to 120 percent AMI or higher) that may currently
own a home and are looking to purchase a new or different home for a variety
of reasons (relocating, growing family (e.g., having children), shrinking family
(e.g., empty-nesters), etc.).
10
,
o •
Mean - the average of a group of numbers, which is the sum of all the data
values divided by the number of items. ,
Median - the middle point in a data set.
11
TO: Town of Vail and Vail Associates. FROM: Jim and Diane Beedie
Date: 4-20-08
Subject: North Day lot .
• Diane and I own two condominium units in the Westwind. We have owned them for
over 15 years.
The Town of Vail and Vail Associates deserve a lot of credit for doing such a great job
of renovating Lionshead. The changes to date have been great. We look forward to the
coming changes.
North Dav Lot
• The Westwind borders the east side of the North Day lot.
• We understand that it is appropriate and necessary to develop this prbperty.
• The plans and information you have sent out have been very helpful in understanding
your plans. • Our question goes to the environmental effect of having big buses and ECO buses
(which we believe are and will be diesel) use the proposed transportation center planned
for the North Day lot. By environmental effect we are referring to air quality and noise.
• The Westwind has no air conditioning and I believe the Landmark also has no air
conditioning. Thus windows and doors are often left open for air flow.
• I didn't find an environmental study in the information you have provided.
• The Westwind and the Landmark are very close to the North Day lot. The lights from
these- vehicles could shine into the windows of some Westwind units during the evening
hours.
• If the big buses and ECO buses have a negative environmental effect (poor air quality
and excess noise), the Westwind and Landmazk could/will be adversely affected.
• We ask that you have an environmental study done, so the effect on the air quality and
noise of the big buses and ECO buses will be known.
• Depending on the results of the study, we ask that if necessary, you consider moving the
big buses and ECO buses from the North Day lot transportation center.
Thanks for your great work and for considering our request. If you have any questions, you cari
reach us,at 630-643-0143. p [E
APR 2 0 2008
- TOWIV QF VAIL
A
.l
ORDINANCE NO. 11
SERiES 2008
AW ORDINANCE AMENDING TITLE 4 OF THE VAIL TOWN CODE BY THE
ADDITION OF A NEW CHAPTER 12, ENTITLED "SEXUALLY ORIENTED
BUSINESSES" ; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under laws of
the State of Colorado and the Town Charter (the "Charter"); and
WHEREAS, the members of the town council of the town (the "council") have
been duly elected and qualified; and .
WHEREAS, the Council finds and determines that sexually oriented businesses
produce adverse secondary effects on the public health, safety and welfare; and
WHEREAS, such adverse secondary effects include increased rates of certain
crimes, including prostitution, robbery, assault, theft, loitering, pandering and public
intoxication, the spread of sexually transmitted diseases, the debasement of both men
and women, a decrease in property values for surrounding properties, and noise,
parking and traffic problems; and
WHEREAS, such adverse secondary effects occur most often in the areas
immediately surrounding such businesses; and
WHEREAS, the Council, in enacting this ordinance, expressly relies on the
findings of the 10t' Circuit Court of Appeals in Z.J. Gifts D-2, LLC v. City of Aurora, 136
F.3d 683 (10t' Cir. 1998), reversed on other grounds at 311 F.3d 1220 (10t' Cir. 2002),
reversed at 541 U.S. 774 (2004), and Essence, Inc. v. City of Federa/ Heights, 285 F.3d
1272 (10t' Cir. 2002), concerning the adverse secondary effects of sexually oriented
businesses on communities in Colorado and elsewhere;
WHEREAS, the Council, in enacting this ordinance, expressly relies on the
findings of the United States Supreme Court in City of Los Ange%s v. Alameda Books,
lnc., 535 U.S. 425 (2002), Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), and
Boos v. Barry, 485 U.S. 312 (1988), conceming the adverse secondary effects of
sexuafly oriented businesses on surrounding areas; and
WHEREAS, to reduce the adverse secondary effects caused by _ sexually
oriented businesses in the Town; the Town Council deems it appropriate and necessary
to adopt regulations for sexually oriented businesses. .
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Ordinance No. 11, Series 2008 ~
;
Section 1. Title 4 of the Vail Town Code is hereby amended by the addition of
a new Chapter 12, which shall read as follows:. .
CHAPTER 12
SEXUALLY ORIENTED BUSINESSES
412-1: PURPOSE:
, The purpose of this Chapter is to promote and protect the public
, health, safety and welfare by regulating sexually oriented businesses
through the establishment of reasonable and uniform regulations to
reduce the adverse secondary effects of sexually oriented businesses
within the Town. This Chapter is not intended to limit or restrict the
content of. any communicative materials, including sexually oriented
materials. This Chapter is not intended to restrict or deny access by
adults to sexually oriented materials protected by the First Amendment of
the United States Constitution or Article II, § 10 of the Colorado
Constitution or to deny access of distributors or exhibitors of sexual{y
oriented entertainment to their intended market. Finally, this Chapter is
not intended to condone or legitimize the distribution of obscene material.
412-2: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the
following meanings:
ADULT ARCADE: Any commercial establishment in which the
public is permitted or invited where, for any form of consideration, one (1)
or more motion picture projectors, slide projectors, image or virtual reality
producing machines or similar machines, for viewing by five (5) or fewer
persons per machine at any one time, are used regularly to show films,
motion pictures, video cassettes, slides, digital images, electronic
reproductions or photographs describing, simulating or depicting specified
sexual activities or specified anatomical areas.
ADULT STORE: Any commercial establishment which, as one of
its principal business purposes, offers for sale or rent for any form of
consideration one or more of the following: (1) books, rriagazines,
periodicals or other printed matter, or photographs, films, motion pictures,
video cassettes, slides, compact discs, digital video discs (DVDs), digital
images or other visual representations which are characterized by their
emphasis on the depiction or description of specified sexual activities or
specified anatomical areas; or (2) instruments, devices or paraphemalia
designed for use in connection with specified sexuai activities.
ADULT CABARET: A nightclub, bar, restaurant or similar
commercial establishment which, for any form of consideration, regularly
features live performances which are characterized by the exposure of
Ordinance No. 11, Serles 2008 2 '
specified anatomical areas or by the exhibition of specified sexua{
activities.
ADULT MOTION PICTURE THEATER: A commercial
establishment which is characterized by the showing, for any form of
consideration, of films, motion pictures, video cassettes, slides, compact
discs, digital video discs (DVDs), digital images or other visual
representations that have an emphasis on depicting or describing
specified sexual activities or specified anatomical areas.
ADULT THEATER: A theater, auditorium or similar commercial
establishment which, for any form of consideration, regularly features live
performances which are characterized by an emphasis on exposure of
specified anatomical areas or specified sexual activities.
,
CONVICTED: Having been found guilty by a judge or a jury or
entering a guilty plea or a plea of nolo contendere, and includes deferred
judgments, deferred sentences, deferred adjudications and plea bargains,
whether or not an appeal of such conviction is pending; excluding any
conviction overturned or vacated by appeal or other force of law.
EMPLOYEE: A person who works or performs work or service in or
for a sexually oriented business on a full-time, part-time or contract.basis,
with or without compensation, regardless of whether such person is
designated as an employee, independent contractor, agent, volunteer or
any other status; excluding any person on the premises for repair or
' maintenance of the premises or for delivering or removing tangible
personal property to or from the premises.
LICENSED PREMISES: The building or structure in which a
licensed sexually oriented business is operating. SEXUALLY ORIENTED BUSINESS: An adult arcade, adult store,
adult cabaret, adult motion picture theater or adult theater, except an
estab{ishment where a medical practitioner, psychologist, psychiatrist or
similar professional licensed by the State of Colorado engages in
approved and recognized sexual therapy.
SPECIFIED ANATOMICAL AREAS means any of the following: (1)
human genitals, pubic region, buttocks, anus or female breasts below a
point immediately above the top of the areola, which are not completely
and opaquely covered; or (2) human mafe genitals in a discemibly turgid
state, even if completely and opaquely covered.
SPECIFIED CRIME: Any of the following crimes committed under
the penal or criminal code of any municipafity, county, state or country:
sex crimes against children; sexual abuse; sexual assault; possession or
distribution of child pomography; distribution of an illegal controlled
~
Ordinance No. 11, Series 2008 3
v
substance; prostitution, promotion of prostitution or pandering; and
organized crime if such organized crime is committed within the premises
of a sexually oriented business in the Town or elsewhere.
SPECIFIED SEXUAL ACTIVlTIES: Any of the following:
1. Fondling or other intentional touching of human
genitals, pubic region, buttocks, anus or female breasts; 2. Sex acts, normal or perverted, actual or simulated,.
including intercourse, oral copulation and sodomy;
, 3. Masturbation, actual or simulated; or
- 4. Human genitals in a state of sexual stimulation or
arousal; human excretory functions as part of or in connection with
any of the activities set forth in subsections 1. through 4. hereof.
4-12-3: LICENSE REQUIRED:
Alf sexually oriented businesses in the Town shall be licensed as
set forth in this Chapter, and it shall be unlawful for any person to operate
a sexua{ly oriented business in the. Town without a valid license issued
pursuant to this Chapter. 412-4: LICENSE APPLICATION:
A. Applicants for a sexually oriented business. license shall
submit a written application to the Town Clerk which includes the
following:
1. The name, address, telephone number and date of
birth of the applicant and, if applicable, each of its officers, partners,
directors and registered agents;
2. The trade name of the applicant and copies of all
documents recording the trade name, including the trade name
affidavit;
3. The name of any other sexually oriented business in
which any officer, director or partner has a financial interest;
4. The address of the premises to be licensed;
5. If the applicant is a corporation, copies of the articles
of incorporation, bylaws and last annual report;
Ordlnance No. 11, Series 2008 4
r
6. Copies of documents demonstrating that the applicant
has a legal right to possession of the premises to be licensed;
7. A sketch, drawing or diagram drawn to scale and
showing the configuration of the premises, including total floor area
to be occupied by each sexually oriented business; and
8. A description of the type of sexually oriented business
proposed, such as an adult store, adult cabaret, adult theater or
adult motion picture theater.
B. Each application shall be verified and acknowledged to be
true by the applicant or the managing partner, president or other officer
having the authority to sign for the applicant.
C. Each application shall be accompanies by a non-refundable
application fee in accordance with a fee schedule maintained by the Town
Clerk.
412-5: BACKGROUND INVESTIGATION:
A. Upon receipt of a completed application, the Town Clerk
shall perform a background investigation of the applicant and its officers,
directors and partners, and the information contained in the application. B. The Town Clerk may to investigate any fact refated to any of
the criteria set forth in this Chapter that may be relevant to determine the
eligibility of the applicant for a sexually oriented business license.
C. The Town Clerk may seek and obtain the assistance of law enforcement agencies in conducting the background investigation.
D. The background investigation shall be completed within
forty-five (45) days of receipt of the completed application. 4-12-6: ISSUANCE OR DENIAL:
A. Within ten (10) days of the completion of the background
investigation, the Town Clerk shall either issue the sexually oriented
business license or issue a written statement of denial. The license or
statement of denial shall be sent via United States mail, postage prepaid,
to the applicant at the address provided on the application. The Town
Clerk shall issue the license unless one or more of the following is true:
1. The applicant has not paid all required fees.
2. The applicant or any of its officers, directors or
partners is under eighteen (18) years of age;
Ordinance No. 11, series 2008 5
v
3. The applicant is not qualified to conduct business
under applicable state or federal law or Town ordinances; .
4. The applicant has knowingly provided false
information to the Town on an application for a sexually oriented
business license;
5. The location of the proposed sexualiy oriented
business.does not comply with the location requirements set forth in
the Town's zoning ordinance;
6. The premises in which the sexually oriented business
is proposed to be located does not comply with applicable Town
ordinances, such as the building code, electrical code or fire code;
7. The applicant is delinquent in the payment of any
taxes, fees, or other payments owed to the Town; or
8. The applicant or any of its directors, officers or
partners has been convicted of a specified crime in the finro (2)
years preceding the date of the application.
B. Within ten (10) days of the date of a written statement of
denial, the applicant may submit a written request that the Town Clerk
schedule a hearing before the Town Council on the application. The
hearing sha11 be held at the next regulariy scheduled Town Council meeting occurring at least ten (10) days after receipt of the written
request. .
C. At the hearing, the applicant may present additional evidence, either documentary or through witness testimony, which is
relevant to the applicant's eligibility for a sexually oriented business
license.
D. At the conclusion of the hearing or within ten (10) days
thereafter, the Town Council shall either order that the Town Clerk issue
the sexually oriented business license, or issue a written order denying the
application for the sexually oriented business license.
E. If the Town Council denies the application for a sexually
oriented business license, the Town Council's decision shall be final,
subject to judicial review pursuant to Rule 106(a)(4) of the Colorado Rules
of Civil Procedure.
Ordinance No. 11, Series 2008 6
Y ,
412-7: TERM OF LICENSE; RENEWAL:
A. All sexually oriented business licenses issued under this
Chapter shall be valid for one year from the date of issuance, unless
revoked or suspended as provided in this Chapter.
B. Written application for renewal of a sexually oriented
business license shail be filed with the Town Clerk at least sixty (60) days
prior to the expiration of the current license, together with the applicable
annual license fee. If no application for renewal is timely filed, the
licensee has waived its option to renew the license and must re-apply for a
new license.
C. Applications for renewal shall include the same information
as an original application, except as the Town Clerk deems redundant.
D. The procedures for renewal license applications shall be the
same as the procedures for new license applications.
- 412-8: LICENSE NONTRANSFERABLE:
A sexual{y oriented business license issued under this,Chapter is
nontransferable. By way of example but not limitation, a new sexually oriented business license shall be required upon: the sale, lease or
sublease of the sexually oriented business or the licensed premises; the
transfer by sale, exchange or similar'means of a controlling interest in the
sexually oriented business; or the establishment of a trust, gift, or similar
lega{ device which transfers ownership or control ofi the sexually oriented ,
business or the licensed. premises, other than transfer by bequest or other
operation of law upon the death of the person possessing ownership or
control.
-4-12-9: SUSPENSION AND REVOCATION: -
A. The Town Clerk may suspend or revoke any sexually
oriented business license issued under this Chapter if the Town Clerk
receives reliable information to establish that:
1. A nuisance is. being maintained on the licensed
premises; 2. The licensed premises are unsanitary as certified by
the Eagle County Department of Health;
- 3. The licensed premises are unsafe as certified by the
Town's building official, the fire marshal or the fire chief;
Ordinance No.11, Series 2008 7
e
4. The licensee has knowingly permitted on the licensed
premises: 'the possession, sale or use of illegai controlled
substances; any specified sexual activity; or prostitution;
5. The licensee or any of its officers, directors, partners
or employees has been convicted of a specified crime during the
term of the ticense; or
6. The licensee knowingly provided false information on
an application for a sexually oriented business license or renewal of
such a license.
B. At least twenty (20) days before the Town Clerk suspends or
revokes any sexually oriented business license, the Town Clerk shall
provide written notice to the licensee, via United States mail, postage
prepaid, to the address provided on the most recent application, of the
allegations supporting the suspension or revocation.
C. During the twenty (20) day period, the licensee may fle a
written request for a stay of the suspension or revocation pending a
hearing before the Town Council on the allegations to support the
suspension or revocation.
D. The hearing shall be held at the next regularly scheduled
Town Council meeting at least ten (10) days after receipt of the request. -
E. At the hearing, the applicant may present additional
evidence, either documentary or through witness testimony, which is relevant to the suspension or revocation.
F. At the conclusion of the hearing or within ten (10) days
thereafter, the Town Council shall order that the sexually oriented
business ficense be suspended for a period of time not to exceed one
hundred eighty (180) days, or that the license be revoked, or that no action be taken with respect to the license. G. !f the Town Council orders suspension or revocation, the
Town Council's decision shall be finaf, subject to judicial review pursuant
to Rule 106(a)(4) of the Colorado Rules of Civil Procedure.
412-10: GENERAL REGULATIONS:
A. All licensed premises shall comply with all applicable ~Town
regulations and ordinances, including but not limited to the building code,
fire code, electrical code, zoning regulations, business licensing and sales .
tax collection.
Ordinance No. 11, Series 2008 8
B. Every sexually oriented business license issued under this
Chapter shall be displayed in a conspicuous place on the licensed
premises in a clear cover or frame, and shall be available for inspection at
all times by the public.
C. All licensed premises shall be maintained in a clean and
sanitary condition, and shall be cleaned at least once daily and more
frequentfy when necessary.
D. Trash and garbage shall not be permitted to accumulate in ,
any licensed premises or on the property outside any licensed premises.
E. All materials, devices and novelties offered by a sexually
oriented business which depict specified sexual activities or specified
anatomical areas shall be dispfayed so that they cannot be seen by
anyone other than customers who have entered the licensed premises.
4-12-11: DANCE AND ENTERTAINMENT REQUIREMENTS:
A. An adult cabaret or adult theater at which employees dance
shall have one or more stages or similar structures specially designed for
dancing, which shall be constructed in accordance with applicable building
code regulations, and located inside the licensed premises. Employees
shall dance only upon such stage or structure.
B. When an employee dances on a structure which is designed
to ho{d not more than two (2) persons, the structure shall be level, of
sturdy construction and securely fastened to the floor or wall during dance
perFormances. Steps and handrails shail be required on all such stages
and structures where the platForm on which the employee dances is more
than eight inches (8") above the surface upon which the structure rests.
C. Any adult cabaret or adult theatre shali have one or more
separate areas designated in the diagram submitted as part of the
application as a stage for the licensee or employees to perForm as
entertainers. Entertainers shall perform only upon the stage, and the
stage shall be fixed and immovable.
D. No seating for the audience shall be permitted within three
feet (3') of the edge af any stage, and no members of the audience shall
be permitted upon any stage or within three feet (3) of the edge of any
stage.
4-12-11: LIGHTING REQUIREMENTS:
A. When the occupant capacity of any licensed premises, as
determined by the fire department, is at leasf fifty persons, such licensed
Ordinance No. 11, Series 2008 9
.
premises shall have electric, battery-operated emergency lights using
reliable storage batteries properly maintained and charged.
B. The interior portion of a licensed premise to which patrons
are permitted access shall be equipped with overhead lighting fixtures of
sufficient intensify to illuminate every place at an illumination of not less
than two (2) foot-candies as measured at the floor level. It shall be the
duty of the licensee and employees present on the premises to ensure
that the illumination described above is maintained at all times that any patron is present on the premises. '
412-12: HOURS OF OPEPtATION:
lt is unlawful for a sexuafly oriented business to be open for
business or for the licensee or any employee of a licensee to allow
patrons upon the licensed premises on any Monday through Saturday
between 2:00 a.m. and 7:00 a.m.; and on any Sunday befinreen 2:00 a.m.
and 8:00 a.m.
4-12-13: AGE RESTRICTIONS:
A. It is unlawFul for a licensee to admit or permit the admission -
of any person less than eighteen (18) years of age into any sexually
oriented business.
B. It is unlawful for any person to sell, barter, give, or offer for
sa{e, barter or gift, to any person under eighteen (18) years of age any ,
service, material, device or thing sold or offered for sale by any adult store
or adult motion picture theater.
C. Emp{oyees of any sexually, oriented business shall be at
least eighteen (18) years of age.
4-12-14: CONDUCT:
A. No licensee or employee shall encourage or knowingly
permit any person on or within the licensed premises to touch, caress or
fondle the genitals, pubic region, buttocks, anus or breasts of any person.
B. No licensee or employee shall knowingly fail to immediately
report to the police department any criminal conduct or violation of any
Town ordinance or state or federal law, rule or regulation that occurs on or
within the licensed premises.
C. No person shall engage in specified sexual activities on or
within a licensed premise. Ordinance No. 11, Series 2008 , 10
D. No licensee or employee mingling with patrons or serving
food or drinks shall be unclothed or in such attire, costume or clothing so
as to expose to view any specified anatomical area.
E. No employee shall receive tips from patrons except as
provided herein. A licensee that desires to provide for tips from its patrons
shall establish one or more boxes or other containers to receive tips. All
tips for empioyees shall be placed by patrons into the tip box. The
licensee shall post one or more signs to be conspicuously visible to
patrons in letters at least one inch (1 high to read as follows: "All tips are
to be placed in tip box and not handed directly to the entertainer. Any
physical contact between the patron and the entertainer is strictly
prohibited."
4-12-15: INSPECTION:
Every licensee shall permit law enforcement officers and any other
federal, state, county or Town agency in the performance of any function
connected with the enforcement of this Chapter and normally and
regularly conducted by such agency, to inspect the licensed premises for
the purpose of ensuring compliance with this Chapter, at any time the
licensed premises is occupied or open for business.
4-12-16: EMPLOYEE IDENTIFICATION:
Each licensee shali provide to the Town C1erk, in writing, the full
name, any aliases, date of birth, and the current address and telephone
number of every employee of the licensee within five (5) days of
employment.
412-17: EXEMPTiONS:
Notwithstanding anything to the contrary in this Chapter, the
following businesses and activities shall be exempt from the requirements
of this Chapter:
1. Any adult store which derives less than ten percent
(10%) of its gross income from the sale of materials depicting
specified sexual activities or specified anatomical areas, if such
materials are located in a separate room or booth containing those
materials only.
2. Any college, junior college or university supported, in
whole or in part, by tax revenue and offering educational programs
which, for educational purposes, may include the depiction of
specified sexual activities or specified anatomical areas.
Ordinance No. 11, Series 2008
11
412-18: REGULATIONS NOT EXCLUSIVE:
Nothing contained in this Chapter shall limit the effectiveness or
applicability of any other provision of this Code to any sexually oriented
business.
4-12-19: PENALTIES:
A. It shall be unlawful for any person, corporation or other entity
to violate any provision of this Chapter, and any such violation shall be,
subject to a fine not to exceed nine hundred ninety-nine dollars ($999.00)
and imprisonment for a period not to exceed one hundred eighty (180)
days, or both such fine and imprisonment, provided that no person under
the age of eighteen (18) years of age shall be subject to imprisonment.
Each and every day of violation of the provisions of this Chapter shall
constitute a separate offense punishable as such.
B. In the event of violation of any of the terms and regulations
set forth herein, the Town may obtain equitable relief, including injunctive
relief, to require compliance with the provisions hereof. If the Town is
successful in obtaining injunctive or other equitable relief, the costs and
attomey fees incurred by the Town in such action shall be awarded to the
Town in addition to any other relief.
C. Nothing contained herein shall preclude the Town from
enforcing the suspension and revocation provisions of this Chapter in
addition to simultaneously or subseque'ntly prosecuting alleged violations
of this Chapter under this Section.
Section 2. 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 3. 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 4. 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 uniess expressly stated herein.
Ordinance No. 11, Series 2008 12
:
Section 5. 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.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6"' day of May, 2008 and a '
public hearing for second reading of this Ordinance set for the 20th day of May, 2008, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Richard Cleveland, Town Mayor
Attest:
Lorelei Donaldson, Town Clerk
Ordinance No. 11, Series 2008 13