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Home My WebLink About2010-02-02 Agenda and Support Documentation Town Council Work Session VAIL TOWN COUNCIL WORK SESSION AGENDA ` VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 12:30 P.M., FEBRUARY 2, 2010 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. Public comments on work session item may be solicited by the Town Council. 1. ITEM /TOPIC: Public Official Training. (60 min.) PRESENTER(S): Tami Tanoue, CML 2. ITEM /TOPIC: PEC /DRB Update (15 min.) PRESENTER(S): Warren Campbell 3. ITEM /TOPIC: Visioning Discussion. (60 min. ) PRESENTER(S): Stan Zemler / Town Council 4. ITEM /TOPIC: Code Revision Project: Policy Recommendations (60 min.) PRESENTER(S): Rachel Friede ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council listen to the presentation, ask any pertinent questions, and provide input on potential changes to various policies related to zoning. BACKGROUND: The Town's first zoning code was adopted in 1969, and since then, the code has been amended hundreds of times. Most amendments were made one at a time and as a reactive response to a present concern. Thirty years of amendments have taken a toll on the Town's zoning code. As a result, the format of the code is fragmented and disorganized. The language is inconsistent and lacks clarity. And, some policies, regulations and procedures are outdated. The purpose of the 2009 Code Revision Project is to re- establish consistency, clarity and accuracy of the Town's zoning code. STAFF RECOMMENDATION: Because there is no formal action requested at this time, Staff does not have any formal recommendation to the Vail Town Council. 5. ITEM /TOPIC: Information Update. a. Joint TOV & PEC Work Session to Discuss Environmental and Housing Policy (Set a date). \n 2/2/2010 \n b. Parking Inventory. Attachment Only: Wi -Fi /Information Technology Carmichael Training Maze Surveys (10 min.) PRESENTER(S): Pam Brandmeyer 6. ITEM /TOPIC: Matters from Mayor & Council. (20 min.) PRESENTER(S): Town Council 7. ITEM /TOPIC: Executive Session, pursuant to: 1) C.R.S. §24- 6- 402(4)(b)(e) - to receive legal advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators, Re: Proposed amendments to the Core Site Employee Housing Agreement dated as of December 18, 2007, between the Town and the Vail Corporation, d /b /a Vail Associates, Inc. (20 min.) PRESENTER(S): Matt Mire 8. ITEM /TOPIC: Adjournment. (4:35 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT OT CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, FEBRUARY 16, IN THE VAIL TOWN COUNCIL CHAMBERS. FUTURE AGENDA ITEMS: Joint TOV & VRD Work Session Joint TOV & Eagle County Commissioners Work Session Chamonix Redevelopment Dobson Roof Follow Up (Spring 2010) Town Owned Housing Update Lighting Master Plan Loading & Delivery Camera Recording System Bio -Mass Plant Grant Application Update Timber Ridge Transit Stop / Rock fall Mitigation / South Frontage Road Improvements ANTICIPATED 02.16.10 AGENDA ITEMS: \n 2/2/2010 \n VLMD Group Sales Update Ralf Garrison Update Community Survey Review West Vail Fire Station Progress Zoning Regulation and LionsHead Master Plan Amendment to Allow for Solar Panels Core Area Parking Boundary Amendment VRA LionsHead Transit Center Budget & Contract Award of Bus Purchase Contract Chamonix Update Ford Park Parking \n 2/2/2010 \n M. iV f3i7 4!� T' i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 2, 2010 ITEM /TOPIC: Public Official Training. PRESENTER(S): Tami Tanoue, CIVIL ATTACHMENTS: CIRSA Training Handout \n 2/2/2010 \n EIGHT SUGGESTIONS TO REDUCE THE RISKS OF LIABILITY Tami A. Tanoue General Counsel /Claims Manager CIRSA tami @cirsa.org Cl RSA 800.228.7136 www.cirsa.org Recognize that your role may have changed Being newly elected, or a change in the balance of power on a Council /Board, means that your role may have changed: Citizen - official Outsider - insider Minority- majority Critic - representative Single -issue proponent -all issues decision - maker \n 2/2/2010 \n 1 -1 -1 \n Recognize that your role may have changed Whatever your role may have been previously, you are now all trustees — guardians — stewards — of the City /Town The protection of the City /Town's interests and assets is perhaps your most critical function now Council /Board is analogous to the board of directors of a multi - billion dollar corporation The guiding principle in decision making should always be, "what is the right thing for the City /Town ?" (C IRSA Recognize that your role may have changed Hanging on to "outsider" mentality can be destructive — when you were elected, you became the ultimate insider! Misunderstanding your role can increase the risk of liability for the City /Town and for yourself. It can also greatly reduce your own effectiveness: being part of a collective decision - making body requires collaboration and consensus - building. \n 2/2/2010 \n 1 -1 -2 \n Avoid "outside the scope" and "willful and wanton" conduct You have personal protection from liability under the Governmental Immunity Act (GIA) only if you are "within the scope of employment" and not acting "willfully and wantonly." Concept of "scope of employment" applies to ALL persons covered by the GIA— including elected and appointed officials, employees, and authorized volunteers Means everyone needs to know their "job description "! Conduct that is outside the "scope of employment" (SOE) or willful and wanton will result in a loss of governmental immunity. c IRSA Avoid "outside the scope" and "willful and wanton" conduct Can also result in loss of coverage under liability insurance policies We have to look at allegations of lawsuit. If allegations are of "outside SOE" conduct, we can't defend /indemnify Can also result in personal liability, including punitive damages Nightmare scenarios have become reality in Colorado You may become responsible for defending yourself and paying any settlement /judgment against you \n 2/2/2010 \n 1 -1 -3 \n Avoid "outside the scope" and "willful and wanton" conduct Understand your "job description" and stay within it. Before acting, look for a law, charter provision, ordinance, resolution, or motion that authorizes you to act. Keep in mind you may need to reconcile conflicting and superseding authorities If you can't trace your action to a source of authorization, you may be outside your SOE! (C IRSA Avoid "outside the scope" and "willful and wanton" conduct Elected officials act primarily as a BODY. You exercise your responsibilities mainly by VOTING in a PUBLIC MEETING. When you find yourself doing anything other than that ... make sure you are properly authorized! \n 2/2/2010 \n 1 -1 -4 \n Avoid "outside the scope" and "willful and wanton" conduct "We"... not "I "! If you find yourself thinking in terms of "I" rather than "we" ...that's a red flag. Be particularly cautious once you've voted on a matter. Get behind the decision, don't undermine. If you feel there is a need to change it, use proper channels only. Recognize that some decisions CANNOT be undone without liability. c IRSA Avoid "outside the scope" and "willful and wanton" conduct Avoid acting out of personal motives Acting on the basis of personal motives is likely to be outside your SOE! May also be willful and wanton Don't be "goaded" into outside - the -SOE conduct by political or citizen pressure "We want you to get rid of So- and -So." Are those citizens going to defend you if you're sued? \n 2/2/2010 \n 1 -1 -5 \n Protect the City /Town's confidences ■ Government is conducted in the open — but there are legitimately confidential matters, including: Legal advice, litigation issues Personnel matters Issues being negotiated CIRSA) Protect the City /Town's confidences Protection of confidences is particularly important in the personnel context Make sure your procedures are set up in a way that doesn't invite confidentiality breaches * Stay out of the loop on most personnel matters Delegate personnel matters to your City /Town Administration to handle Use outside hearing officers when necessary rather than a City /Town Council /Board "grievance committee" cips,. \n 2/2/2010 \n 1 -1 -6 \n Run a good meeting! Outside of appropriately confidential matters discussed in a properly convened executive session, ALL matters before a public body are to be discussed AND decided only in a properly noticed public meeting. Don't hold a private "meeting before the meeting" Be cautious about using email to discuss public business No public "rubber stamping" of decisions already made in private If some or all members have already decided an outcome in private, then the concept of public participation in a public meeting has been effectively destroyed c IRSA Run a good meeting! Don't hold the meeting if timely notice hasn't been given Don't end up having an inadvertent "meeting" 3 or more or a quorum gathered to discuss public business = a meeting! If you find yourself together by accident ... DON'T discuss public business! Keep appearances in mind \n 2/2/2010 \n 1 -1 -7 \n Run a good meeting! Understand the difference between legislative and quasi - judicial matters, and observe the different requirements applicable to each! In a quasi - judicial hearing, an array of special procedural requirements apply. Violation of those requirements is a violation of due process — a constitutional /civil rights violation! (C IRSA Quasi - Judicial Hearings - Personal Conduct Dos and Don'ts The essence of a good hearing is fairness and the appearance of fairness Don't sign any "pro" or "con" petitions! Common in liquor licenses Don't make up your mind before the hearing Don't speak with one side or the other before a hearing (ex parte contacts — about which more later), and don't assume the role of negotiator or advocate, \n 2/2/2010 \n 1 -1 -8 \n Personal Conduct Dos and Don'ts, cont'd Don't participate if you have a financial or other personal interest in the matter Don't make your decision on the basis of irrelevant criteria Don't make your decision based on things you "know" but did not "learn" at the hearing ■ Don't participate if you weren't there for the whole hearing (or at least listen to the tape of any portion you missed) Don't participate if you know you can't be fair and unbiased C� IRSn} Personal Conduct Dos and Don'ts, Cont'd ■ Do ask for legal advice (executive session if necessary) on legal criteria, or on application of facts to criteria Do consider asking for a legal criteria worksheet when the criteria you must apply are complex or lengthy ■ Do disclose unavoidable "ex parte" contacts Participation despite contact is OK as long as you can still be unbiased (CI RSr \n 2/2/2010 \n 1 -1 -9 \n Other suggestions— avoid ex parte contacts An ex parte contact is an "outside the hearing" contact with someone who has a stake or interest in the subject matter of the hearing The contact is impermissible whether with the applicant, citizens, staff, or others When your City Attorney advises against them, she is protecting YOU, your ability to participate in the decision - making, and your ultimate decision Improper ex parte contacts disempower you as the decision - maker! c IRSA What's the problem with ex parte contacts, anyway? The courts will accord you a presumption of integrity, honesty, and impartiality as a decision - maker. You can lose that presumption by actions that are unfair, or even appear unfair Ex parte contacts are among those actions \n 2/2/2010 \n 1- 1 -10 \n Ex parte contacts, cont'd A board /commission member doesn't wear a robe, is easily recognized on the street, and is expected by citizens and others to be "accessible" at all times, but ... A judge reviewing a quasi - judicial decision in an appeal proceeding will judge the board's conduct against the way he /she would behave as a judge in his own courtroom — so keep the "judge — courtroom" scenario in mind when deciding on your own conduct in quasi - judicial matters So "think like a judge" in your personal conduct when a quasi - judicial matter is pending... ��---; C� IRSn} Ex parte contacts, cont'd Would a judge seek out citizens and invite or ask them to come and testify as witnesses in a pending case before him /her? Would a judge allow himself /herself to be "lobbied" on a pending matter at home or at the local supermarket? Would a judge compromise the appearance (and possibly reality) of fairness by singling out one side or another to be overly friendly with? Would a judge make a decision in a matter in which he /she had a financial interest, or in which he /she had already made his mind up? Would a judge make a public statement that could come back to haunt him /her later on in terms of displaying a possible bias? Would a judge decide to ignore the law and /or the facts in rendering a decision, and make his /her decision on the basis of factors that he /she knows are not relevant? ( CIRSA \n 2/2/2010 \n 1- 1 -11 \n Put ethics first! Standards set by state conflict of interest laws are minimums This is why municipalities frequently establish their own requirements regarding such matters as * Scope of conflicts — who is a "family" member Purchasing Nepotism in employment Disclosure of conflicts c� IRSn} Put ethics first! ■ In Colorado, ethics scandals are rare — but happen from time to time Ethical misjudgments greatly undermine public confidence in government ■ Can result in criminal and civil liability "Personal benefit" exclusion from liability coverage! ■ Gaining a personal benefit is NOT in one's SOE! Amendment 54 concerns \n 2/2/2010 \n 1- 1 -12 \n Put ethics first! ■ Disclose any personal or private interest in any pending matter to governing body; don't vote (except in very limited circumstances); and don't influence other members ■ Don't have a financial interest in any contracts or purchases Don't disclose any confidential information you gain CIRSA) Put ethics first! Avoid acceptance of gifts ■ Don't engage in private business transaction with someone you inspect or supervise Don't take actions to benefit a business in which you have a financial interest cips,. \n 2/2/2010 \n 1- 1 -13 \n Put ethics first! The bottom line: No one should derive a personal or private benefit from holding public office Any such benefit raises red flags from an ethical, civil liability, and criminal liability standpoint! C (CI R S�" Reduce your involvement in administrative matters Understand and observe the difference between legislative and administrative matters! A municipality evolves from "hands on" elected official involvement in administrative issues to a City /Town administrator /manager form of government as the municipality's operations become more sophisticated and complex. City /Town Administrator /manager format: The gold standard of municipal government! Establish "corporate" values and mission, set overall goals and priorities, and give broad direction, leaving details of execution to staff. \n 2/2/2010 \n 1- 1 -14 \n Reduce your involvement in administrative matters Inappropriate involvement in administrative matters by elected officials, collectively or individually, can: Undermine the chosen form of government Waste the resources you've committed to the form of government Be a backwards step in municipal government evolution Increase the risk of liability for yourself (C IRSA Reduce your involvement in administrative matters The legislative- administrative distinction is particularly important in personnel matters. Council /Board has an appropriate role — the "big picture" issues: Personnel rules, including selection procedures performance evaluations, disciplinary actions - City /Town -wide pay plan ■ Selection of your "direct reports" ■ Budget Overall City /Town -wide and departmental goals and priorities \n 2/2/2010 \n 1- 1 -15 \n Reduce your involvement in administrative matters ■ Make sure your involvement in these "big picture" issues doesn't devolve into the details: • Selection, evaluation, or disciplinary matters involving a specific individual who's not a direct report • Salary of specific individuals who aren't direct reports • Details of a specific individual's duties or job performance ■ Other than your "direct reports," if you are looking at issues involving a single employee rather than the group as a whole, that is likely an administrative issue that should be entrusted to staff ■ Don't be pressured to bypass the chain of command to deal with a specific employee — if you do it with one employee, how can you ever return to the proper chain of command? c� IRSn} Reduce your involvement in administrative matters ■ Your BEST immunities as elected officials are in the legislative and quasi - judicial arena. Courts recognize legislative and quasi - judicial immunities Venture into administration, and you're venturing into" outside the SOE" territory! CIRSA \n 2/2/2010 \n 1- 1 -16 \n Use your power wisely and humanely • Whether you know if or not, you set the tone for the whole City /Town in terms of the treatment of employees. • If the tone you set is negative, demeaning, distrustful, discriminatory, etc., you are setting yourself and the City /Town up for liability.... And guess what rolls downhill? • Understand that you are perceived as holding the most powerful positions in the City /Town • Use courtesy, tact, and diplomacy in interactions, especially in public settings • Your staff members are professionals, but they are humans too. • Avoid acting explosively or with the intent to demean or embarrass • Think before speaking off the cuff, especially in a public setting c� IRSn} Use your power wisely and humanely Do not allow Council /Board meetings to be used as an opportunity to berate your staff members Citizens have every right to raise concerns and to be critical about the way City /Town government conducts business Use the meeting as an opportunity to RECEIVE citizen feedback for appropriate follow -up Do not join in the staff - bashing, if it's happening! ( CIRSA \n 2/2/2010 \n 1- 1 -17 \n Conclusion Always keep in mind that you are the stewards of the City /Town's best interests and assets im Stay within your "scope of employment "! • Act as "we," not as "I" • Observe best practices in meetings Meet high ethical standards Use your powers wisely and humanely CIRSA) QUESTIONS? \n 2/2/2010 \n 1- 1 -18 \n M. iV f3i7 4!� T' i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 2, 2010 ITEM /TOPIC: PEC /DRB Update PRESENTER(S): Warren Campbell ATTACHMENTS: January 20, 2010 DRB Meeting Results January 25, 2010 PEC Meeting Results \n 2/2/2010 \n DESIGN REVIEW BOARD AGENDA PUBLIC MEETING iJanuary 20, 2010 Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 PROJECT ORIENTATION 2:00pm MEMBERS PRESENT MEMBERS ABSENT Mike Dantas Tom DuBois Pete Dunning Brian Gillette Libby Plante SITE VISITS 2:30pm 1. Lotus Restaurant — 168 Gore Creek Drive 2. Adair Residence — 3035 Booth Falls Road 3. Myhren Residence — 758 Potato Patch Drive 4. Vickers Residence — 375 Forest Road PUBLIC HEARING — TOWN COUNCIL CHAMBERS 3:00pm 1. Lotus Restaurant DRB090619 / 15 minutes Bill Final review of a minor exterior alteration (bay window, door) 168 Gore Creek Drive, Suite 142 /Lots A, B, C, Block 5D, Vail Village Filing 1 Applicant: Yellowstone Capital, represented by Charles Viola ACTION: Approved MOTION: Dantas SECOND: Gillette VOTE: 5 -0 -0 2. Adair Residence DRB090629 / 15 minutes Bill Final review of an addition (bedroom, garage, living room) 3035 Booth Falls Road /Lot 12, Block 3, Vail Village Filing 13 Applicant: Katherine Adair ACTION: Approved with conditions MOTION: Gillette SECOND: DuBois VOTE: 5 -0 -0 CONDITION(S): 1. The applicant shall lower the stone columns around the garage entrance to a height that appears to support the mid -floor level of the building. 2. The applicant shall submit a physical sample of the metal roof for further staff review. 3. Myhren Residence DRB100004 / 15 minutes Bill Final review of an addition (office, bathroom) 758 Potato Patch Drive /Lot 5, Block 2, Vail Potato Patch Applicant: Victoria Myhren, represented by Suman Architects ACTION: Approved with conditions MOTION: DuBois SECOND: Gillette VOTE: 4 -0 -1 (Dunning opposed) CONDITION(S): \n Page 1 2/2/2010 \n 2 -1 -1 \n 1. The applicant shall install horizontal siding on the east elevation of the secondary unit's entry to match the addition on the primary unit's north elevation. 4. Vickers Residence DRB100008 / 15 minutes Bill Conceptual review (new two - family residence) 375 Forest Road /Lot 3, Block 2, Vail Village Filing 3 Applicant: KH Webb Architects ACTION: Conceptual, no vote STAFF APPROVALS Gravity Jones Ski Werks DRB090615 Rachel Final review of a sign 241 East Meadow Drive, Unit 101 /Tracts B -C, Block 5D, Vail Village Filing 1 Applicant: Gravity Jones Ski Werks, represented by Adam Greenier Linafelter Residence DRB090624 Warren Final review of changes to approved plans (boiler enclosure) 3025 Booth Falls Road, Unit B /Lot 14, Block 3, Vail Village Filing 13 Applicant: Rodney Linafelter, represented by Rex Ingram Schultz Residence DRB100001 Rachel Final review of a minor exterior alteration (landscaping) 4112 Spruce Way /Lot 2D, Block 8, Bighorn 3rd Addition Applicant: Robert Schultz, represented by A Cut Above Forestry 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. \n Page 2 2/2/2010 \n 2 -1 -2 \n PLANNING AND ENVIRONMENTAL COMMISSION January 25, 2010 1:OOpm TOiVNOVO TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Bill Pierce Michael Kurz David Viele Rollie Kjesbo Luke Cartin Tyler Schneidman Sarah Paladino Site Visits: No Site Visits 60 minutes 1. A request for a work session on a proposed Development Plan, pursuant to section 12- 61 -11, Development Plan Required, Housing Zone District, to allow for the redevelopment of a five (5) acre portion of the Timber Ridge Village Apartments, with up to 352 new deed - restricted employee housing units, located at 1280 North Frontage Road/ Lots C1 -05, Lions Ridge Subdivision, Filing No. 1, and setting forth details in regard thereto. (PEC090038) Applicant: Timber Ridge Affordable Housing Committee Planner: George Ruther ACTION: No action taken George Ruther gave a presentation per the staff memorandum and a power point. He highlighted that since the last hearing there was an application filed to request a variance to retaining wall heights on the sight. Jeff Winston, Winston and Associates, consultant to the Town, gave a presentation regarding the digital model. He highlighted several points depicted in the model such as relationship to adjacent land uses, bulk and mass, and the articulation of the building facade. George Ruther specifically highlighted a question raised at the previous hearing by Jim Lamont, representative of the Vail Homeowners Association, with regard to a pedestrian crossing across Interstate 70 from Timber Ridge to the Cascade. George Ruther concluded his presentation by stating that the applicant will be requesting a final review by the Commission on February 8, 2010. He asked the Commission to provide any and all comments they had and would like to have answered. Jeff Winston utilized the digital model to answer a question by Commissioner Paladino regarding the height of the proposed structure in reference to the elevation of Lionsridge Loop. Rick Pylman, Pylman and Associates, representing the applicant, stated that many of the items they were planning to cover in their presentation were covered in George Ruther's presentation. He did show an animated video of the digital model as he felt it may help to explain the proposed structure and site plan to a greater degree. There was no public comment. \n Page 1 2/2/2010 \n 2 -2 -1 \n Commissioner Pierce inquired as to why the structure was elevated in the southwest corner. Sheet CO3.2 depicted a nine foot grade change from the Frontage Road and the finished floor of the structure. Mark Donaldson, VMD Architects, representing the applicant, explained that several elements were impacting those grades. For example trash and fire trucks access needs and the grade on the remaining portion of the Timber Ridge project which varied 17 feet in elevation fromt eh east to the west side of the site.. Commissioner Pierce asked several questions regarding the location of the parking structure entry and the ability to move the entrance further west to eliminate the dead end drive aisle. Mark Donaldson and Rick Pylman explained that they were going to look into the question and discuss the functionality of having the trash, mail, and storage rooms in close proximity near the parking structure entry. Commissioner Pierce identified that the model depicted that the applicant was attempting to utilize the roof structure for floor area in order to reduce height. He inquired as to whether or not there were additional areas that could use this technique. He also pointed out a roof form on the southeast corner which sloped north and may become a problem with snow. In terms of the rock fall mitigation options presented by the engineer he suggested the method of mitigation with fences on the Timber ridge site would probably be preferred. He highlighted a concern with a "false" front appearance with regard to the south elevation. There have been improvements, but there could be more improvements. He concluded by asking the Design Review Board to make the effort to putting a "Vail' facade on the structure and getting away from something that may go anywhere. Commissioner Paladino asked if there was a possibility to bury any of the parking under the proposed structure. The parking has an impact to the site coverage, bulk, and mass. Rick Pylman and Mark Donaldson explained the findings of the geotechnical report and the effect on the costs to bury all or even a portion of the proposed parking. As designed the parking will cost approximately $13,000 a space. To bury the proposed parking would compete with the goal of creating an affordable housing project. Commissioner Schneidman inquired as to the provision of a sun /shade analysis. He also inquired as to the snow shed issues /concerns created by the proposed roof form and their height above grade. George Ruther explained that there was literally thousands of feet of heat tape proposed for the roof and gutters and that staff was continuing to work with the applicant on trying to address this concern. He added that a sun /shade analysis would be provided at the time of the final hearing. Commissioner Cartin pointed out that aesthetics need to be taken into account when looking at and designing a rock fall mitigation solution. He also stated that he felt the trash and recycling facility was inadequate. Rolling the dumpsters would be problematic and add congestion to the mail and storage room areas. On the courtyard side of the structure will there be access from the courtyards to the bike path? George Ruther and Mark Donaldson responded that the plan does provide for pedestrian access from the courtyards to the bike path and sidewalk along the frontage of the site. \n Page 2 2/2/2010 \n 2 -2 -2 \n Commissioner Cartin reiterated a concern of Commissioner Paladino with regard to the size of the structure. He stated that there should be greater emphasis placed on design of the structure and its bulk and mass and how it would be appropriate. The fact that this is an affordable housing project should not disregard general design standards and the standards found in Vail. Commisioner Viele stated that given the latitude being provided this project he felt that any rock fall mitigation should occur on the project site not off -site. To do rock fall mitigation on the hillside would be inappropriate as it is a beautiful hillside. 5 minutes 2. A request for a work session on a major exterior alteration, pursuant to Section 12 -71 -7, Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the area known as "Ever Vail' (West Lionshead), with multiple mixed -use structures including but not limited to, multiple - family dwelling units, fractional fee units, accommodation units, employee housing units, office, and commercial /retail uses, located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West rig ht-of-way/U nplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080064) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to February 8, 2010 MOTION: Paladino SECOND: Schneidman VOTE: 3 -0 -2 (Carlin and Viele recused) The applicant requested a tabling to a future hearing in order to allow for the absent members to be present for the presentation scheduled for the hearing. 15 minutes 3. A request for a final recommendation to the Vail Town Council, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to allow for amendments to Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, in order to amend the guidelines on solar panels in Lionshead, and setting forth details in regard thereto. (PEC090040) Applicant: Town of Vail Planner: Rachel Friede ACTION: Recommendation of approval with modifications MOTION: Viele SECOND: Paladino VOTE: 5 -0 -0 CONDITIONS: 1. The definition of solar panel shall be revised to be more specific to solar panels and not the broader definition of solar collectors. 2. The phrase "and shall not exceed the height of adjacent roof ridges" shall be stricken from the proposed language. Rachel Friede gave a presentation per the staff memorandum. She highlighted the specifics of the Antlers Lodge request for solar. She then went through the proposed text to explain all the proposed language. Commissioner Viele stated for the record that his company, Viele Construction, had been awarded the contract to perform the exterior work on the Antlers. He then stated that he would not recuse himself because he felt he could act impartially on the request as it applied to all properties not just the Antlers. Commissioner Pierce inquired as to the loss of efficiency with reduced panel angle. Meagan Yoeman, Active Energies, spoke to the question regarding the slope of panels and the loss of efficiency by reducing the angle of the panels. She stated that photovoltaic panels have \n Page 3 2/2/2010 \n 2 -2 -3 \n more significant losses with reduced angle efficiency. She stated that in Vail the optimum angle of solar panels ranges between 45 and 50 degrees. Commissioner Pierce inquired as to the balance between restricting the maximum angle and fitting the roof aesthetics more appropriately. Rachel Friede stated that the Design Review Board has been using current regulations to ask for design changes to have a positive effect on the aesthetics of solar panels. . Commissioner Cartin pointed out that the definition proposed for solar panels may not fit. He suggested amending the definition to tighten up the language to exclude some of the less aesthetically pleasing products. He also noted that photovoltaic solar panels get hot and can shed snow quickly. He suggested a sliding scale for height limitations based on roof slope. Commissioner Paladino expressed her thoughts that the proposed regulations will accomplish the desired result for the majority of applicants. Commissioner Schneidman suggested changing the regulations to be clearer for the general public. 15 minutes 4. A request for a final recommendation to the Vail Town Council, pursuant to Section 14 -1 -3, Administration of Standards, Vail Town Code, to amend Section 14 -10 -5, Building Materials and Design, Vail Town Code, for changes to the solar panel regulations, and setting forth details in regard thereto. (PEC090041) Applicant: Town of Vail Planner: Rachel Friede ACTION: Recommendation of approval with modifications MOTION: Viele SECOND: Paladino VOTE: 5 -0 -0 CONDITIONS: 1. The definition of solar panel shall be revised to be more specific to solar panels and not the broader definition of solar collectors. 2. The phrase "and shall not exceed the height of adjacent roof ridges" shall be stricken from the proposed language. The public hearing for this item occurred in conjunction with Item 3 above. 30 minutes 5. A request for a work session to discuss prescribed regulations amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to Title 12, Zoning Regulations, Vail Town Code, and setting forth details in regard thereto. (PEC090017) Applicant: Town of Vail Planner: Rachel Friede ACTION: Tabled to February 8, 2010 MOTION: Viele SECOND: Paladino VOTE: 5 -0 -0 5 minutes 6. A request for final review of conditional use permits, pursuant to Section 12 -71 -5, Conditional Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow for the development of a public or private parking lot (parking structure); a vehicle maintenance, service, repair, storage, and fueling facility; a ski lift and tow (gondola), within "Ever Vail' (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West rig ht-of-way/U n platted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080063) \n Page 4 2/2/2010 \n 2 -2 -4 \n Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to February 8, 2010 MOTION: Viele SECOND: Paladino VOTE: 5 -0 -0 5 minutes 7. A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning of properties from Arterial Business District and unzoned South Frontage Road West right -of -way which is not zoned to Lionshead Mixed Use -2, properties known as "Ever Vail' (West Lionshead), located at 953 and 1031 South Frontage Road West and South Frontage Road West right -of -way, (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080061) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to February 8, 2010 MOTION: Viele SECOND: Paladino VOTE: 5 -0 -0 5 minutes 8. A request for a final review of a variance from 12- 71 -14, Site Coverage, Vail Town Code, pursuant to Chapter 12 -17, Variances, to allow for additional site coverage below grade, within "Ever Vail" (West Lionshead), located at 934 (BP Site), 953 (Vail Professional Building), 1031 (Cascade Crossing) S. Frontage Road / Unplatted; 862 (VR Maintenance Shop) and 923 (Holy Cross Lot) S. Frontage Road / Tracts A and B, S. Frontage Road Subdivision; 1000 (Glen Lyon Office Building) S. Frontage Road / Lot 54, Glen Lyon Subdivision (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC090035) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to February 8, 2010 MOTION: Viele SECOND: Paladino VOTE: 5 -0 -0 5 minutes 9. A request for a final recommendation to the Vail Town Council for a proposed major amendment to Special Development District No. 4, Cascade Village, pursuant to Article 12 -9A, Special Development District, Vail Town Code, to allow for the removal of the Glen Lyon Commercial Site, Development Area D, (Glen Lyon Office Building) from the District for incorporation into the properties known as "Ever Vail' (West Lionshead), located at 1000 S. Frontage Road West/Lot 54 Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC090036) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to February 8, 2010 MOTION: Viele SECOND: Paladino VOTE: 5 -0 -0 5 minutes 10. A request for a final recommendation to the Vail Town Council for prescribed regulations amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to provide regulations that will implement sustainable building and planning standards, and setting forth details in regard thereto. (PEC090028) Applicant: Town of Vail Planner: Rachel Friede ACTION: Table to February 8, 2010 MOTION: Viele SECOND: Paladino VOTE: 5 -0 -0 5 minutes 11. A request for a final review of a conditional use permit, pursuant to Section 12 -9C -3, Conditional Uses, Vail Town Code, to allow for the construction of public buildings and grounds (West Vail \n Page 5 2/2/2010 \n 2 -2 -5 \n fire station), located at 2399 North Frontage Road /Parcel A, Resub of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC090019) Applicant: Town of Vail Planner: Bill Gibson ACTION: Table to February 8, 2010 MOTION: Viele SECOND: Paladino VOTE: 5 -0 -0 12. Approval of January 11, 2010 minutes MOTION: Viele SECOND: Cartin VOTE: 4 -0 -1 (Paladino recused) 13. Information Update 14. Adjournment MOTION: Viele SECOND: Paladino 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 January 22, 2010, in the Vail Daily. \n Page 6 2/2/2010 \n 2 -2 -6 \n M. iV f3i7 4!� T' i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 2, 2010 ITEM /TOPIC: Visioning Discussion. PRESENTER(S): Stan Zemler / Town Council ATTACHMENTS: Visioning Document \n 2/2/2010 \n OV 0 W N 00 F FEBRUARY 2, 2010 VAIL TOWI COUI CIL VISIOI II G SESSIOI OUTCOMES To: Vail Town Council From: Stan Zemler, Town Manager Re: Visioning Outcomes Included for Council review and discussion are: ➢ Visioning Statement ➢ List of actions under way that support the vision ➢ List of possible new opportunities that support the vision 1 The document has been created from the notes from the January 19 Visioning Session. It should not be assumed that everything listed here will be implemented. Included, although not discussed at the retreat, is an section on environmental stewardship. I will be asking for clarification and prioritization. Upon review, comments and agreement surrounding specific issues, staff will incorporate feedback into a work program and return for Council approval. (A sample of the Work Plan is attached as well as notes of the January 19, 2010 Visioning Session.) \n 2/2/2010 \n 1 E TOWN 0HAKI ; 2010 VISIOI II G OUTCOMES 44% u. ^ Table of Contents 1. POST CARD IMAGE / RATE & SCALE OF GROWTH P. 2 2. WELL -ROUI DED COMMUI ITY P. 6 3. VAIL AS #1 (GUEST RELATIOI S / RESORT SERVICES) P. 10 4. PARKII G/ TRAI SIT P. 11 5. ECOI OMIC SUSTAII ABILITY / P. 15 BUDGET & CAPITAL II FRASTRUCTURE PLAI III G 6. EI VIROI MEI TAL STEWARDSHIP P. 21 7. VISIOI 11 G WORK SHOP I OTES P. 24 8. WORK PLAI EXAMPLE P. 28 \n 2/2/2010 \n 1. POST CARD IMAGE / RATE & SCALE OF GROWTH Vision: Vail is truly a charming and picturesque place. Over the years, Vail's master plans and land use regulations have contributed significantly to creating and maintaining the charm that is Vail. Vail Village, the oldest part of town, began many years ago with a scale and style reminiscent of Alpine towns. The width of the brick paver streets is nicely proportioned when compared to the height and scale of the buildings. During the summer months, the streets and storefronts of Vail Village and LionsHead are filled with an abundance of colorful and aromatic flowers. Gore Creek passes through the town and is easily traversed by the many unique and ornate bridge crossings. Access to the creek has been enhanced through the creation of pocket parks and creek side seating areas. Vail is known for the pedestrian orientation of its villages. The beauty and delight of Vail has attracted thousands of guests, visitors and residents and now this very attraction threatens the charm and picturesque qualities of Vail. As such, the town has several choices: do nothing and accept that our success will change the appearance of the town or actively protect and enhance Vail's post card image through a proactive effort to update our master plans, design guidelines and land use regulations. Implementation Actions: Goal #1 The ambiance of Vail Village is protected and enhanced What's Underway: • Implementing the recommendations of the Vail Village Master Plan (updated February 18, 2009) Opportuniti • Review and prioritize the 40 -plus action steps identified in the Vail Village Master Plan • Review the town's development review process to ensure that it reinforces the protection of the character and pedestrian scale of Vail Village • Explore reinforcing the town's adopted tree protection and preservation regulations to ensure a physical and visual connection to the natural environment is maintained • Review with the town's boards and commissions, the elements of the Vail Village Master Plan and the Vail Plan • Update the Vail Land Use Plan to ensure that the recommendations of the plan are consistent with the development goals of the town • Revisit the permitted, conditional and accessory uses allowed in the Commercial Core I and Public Accommodation zone districts to confirm consistency with the town's development goals and objectives \n 2/2/2010 \n 3 • Review the purpose and development review process for establishing and amending special development districts to confirm consistency with the town's development goals and objectives • Analyze both the quantitative and qualitative carry capacities of the villages to understand the impacts of future development proposals Goal #2 The "historic" aspects of Vail Village are preserved What's Underway: • Implementing the recommendations of the Vail Village Master Plan (updated February 18, 2009) Opportunities: • Compile a list of historically important structures, landmarks, plazas and other similar features in Vail Village for consideration for preservation • Implement a consistent development review process that reinforces the historic aspects of Vail Village • Evaluate the pros and cons of creating an overlay district or similar regulatory approaches for historic preservation and protection Goal #3 The pedestrian character of Vail Village and LionsHead is strengthened What's Underway: • Constructed a new Checkpoint Charlie • Loading and delivery management program • Mountain Plaza loading and delivery facility is operating • Town of Vail Streetscape Master Plan is complete • Studying LionsHead public transit improvement options Opportunities: • Revisit the current loading and delivery management program upon completion of dispersed facilities to ensure compliance with the stated goals and objectives outlined in the Vail Village and LionsHead Redevelopment Master Plans • Development of a cultural destination arts program through Art in Public Places to add vibrancy and visual interest through the town • Resolve the loading and delivery needs at the Vail Village Inn SDD to remove loading and delivery from East Meadow Drive Goal #4 Open space and parks are attractions in Vail Village and LionsHead \n 2/2/2010 \n 4 Opportunities: • Pursue a LionsHead Community Park • Expand Ford Park downstream into Vail Village along the Core Creek corridor • Explore enhanced landscape buffering opportunities on the parking structure berm in Vail Village • Identify additional opportunities and locations for active and passive recreation in Vail Village and LionsHead Goal #5 LionsHead redevelopment continues to be successful What's Underway: • Implementing the LionsHead Redevelopment Master Plan • Studying the LionsHead public transit improvements • Constructing the North Day Lot employee housing • Constructing skier drop -off in LionsHead Opportunities: - • Revisit the goals and objectives of the LionsHead Redevelopment Master Plan to evaluate the success of the plan • Revisit the purpose statements and development standards in LionsHead Mixed Use I & Mixed Use 2 zone districts to evaluate the success of the plan • Revisit the Architectural Design Guidelines & Standards in the LionsHead Redevelopment Master Plan to affirm the design aesthetics of LionsHead • Explore opportunities and pedestrian and public transit enhancements resulting from the acquisition of Concert Hall Plaza Goal #6 West Vail is the community commercial shopping area in Vail What's Underway: • A rough draft West Vail Redevelopment Master Plan has been completed Opportunities: • Use West Vail Redevelopment Master Plan to identify the types of shops and services that should be retained and identify what's missing • Explore possibility of deed - restricted commercial space • Update the Vail Land Use Plan • Explore opportunities for deed - restricted housing in the Commercial Core III zone district to create a critical mass for local's retail markets \n 2/2/2010 \n 5 • Revisit the permitted, conditional and accessory uses allowed in the Commercial Core III zone district • Complete first phase of the housing project on the Chamonix site • Complete a West Vail Redevelopment Master Plan 2. WELL -ROUI DED COMMUI ITY Vision: We've come from all over the world to live in Vail. It's a choice we've made because of our attraction to the alpine lifestyle and its extraordinary offerings to the outdoors and so much more. Our passion for mountain living is contagious and is embodied in all we do. It's what connects us as a community, both young and old and across all incomes. Since the beginning, we've been adventurers and risk - takers. Today, we remain grateful to Vail's visionaries for creating this great place and are mindful of our past in looking to the future. We treasure the stories of Vail 's early -day characters and spirited entrepreneurs and are reminded that it takes a village of diverse individuals, talents and leadership to keep Vail on the cutting edge. As such, we continually challenge ourselves to improve upon the community characteristics that keep lights on in our neighborhoods, children in our schools, safe surroundings, smiles and innovation from everyone and an abundance of places to shop, worship, socialize, recreate — even recuperate. While our resort defines us, we recognize that a well - rounded community is equally important to Vail's long -term success. And given our community's free- spirited culture, it's best we have some fun along the way. -- Updated from Vail 20120 Implementation Actions: Goal #1 Lights on in neighborhoods What's Underway: • Development of Timber Ridge, 352 new units • Construction of First Chair (North Day Lot/Vail Resorts), 44 units • Construction of Arosa Drive, 2 units • Development of phasing plan for Chamonix property, 58 units • Enforcement of deed - restricted housing occupancy • Employee Housing Unit exchange program Opportunities: • Explore Ever Vail opportunities to increase housing mix • Explore Eagle -Vail annexation possibilities to add community diversity • Continue implementation of Employee Housing Strategic Plan to provide enough deed - restricted housing for at least 30 percent of the workforce Goal #2 Children in our schools \n 2/2/2010 \n What's Underway: • Construction of Arosa Drive Duplex family housing • Monitoring of re- purpose options for Battle Mountain High School to seek opportunities to strengthen community Opportunities: • Help direct future presence of Red Sandstone Elementary in Vail • Help direct future presence of the Vail Ski/Snowboard Academy in Vail • Build ongoing relationship with Vail Mountain School to ensure future presence in Vail • Develop Chamonix property to increase affordable housing stock • Explore opportunities for family- oriented employee housing developments • Create an inventory of family- friendly activities and identify what's missing that would retain or attract new families to live in Vail Goal #3 Safe surroundings What's Underway: • Develop and practice mutual -aid responses to identified public safety threats such as the wildfire risks posed by the pine beetle and other hazardous forest fuels • Identify short and long -term resources and staffing needed to address the public safety threats, such as the West Vail fire station, and collaborate regionally, wherever appropriate • Identify an action plan to retain public safety employees, which are critical to the success of a safe, secure and customer - friendly community • Identify an action plan to address substance abuse problems to reduce crime and disorder and other social issues to ensure a healthy community Opportunities: • Creat assessment of short-term and long -term public safety threats • Ident an action plan to address immediate and future public safety threats Goal #4 Preservation of Vail Valley Medical Center & other community institutions What's Underway: • Completion of Vail Valley Medical Center economic impact study \n 2/2/2010 \n 7 • Announcement of Vail - centric focus by Vail Valley Medical Center Opportunities: • Ongoing dialogue with Vail Valley Medical Center to ensure future presence in Vail • Ongoing dialogue with Vail Interfaith Chapel to ensure future presence in Vail • Ongoing dialogue with Vail Memorial Park to address ongoing needs • Identify other community institutions important to Vail, such as non- profits, and create a strategy to attract and /or retain them Goal #5 Smiles /innovation /involvement by employees & residents What's Underway: • New guest service emphasis by TOV, Vail Resorts and other partners for 2009 -2010 ski season • Expansion of community host program for 2009 -2010 ski season • Heightened emphasis on employee recognition programs (Premier Impressions, TOV Rewards) for 2009 -2010 ski season • Continuation of maze surveys by Vail Resorts to measure guest satisfaction for 2009 -2010 ski season • Continued alignment of specific special events desirable to locals and guests, such as Hot Summer Nights, Street Beat, Oktoberfest • Creation of Vail Brain Bank to draw upon talents of the community • Sponsorship of Annual Town Meeting, Neighborhood Picnic series to involve community members in municipal affairs Opportunities: • Solicitation of ideas and community outreach via 2010 community survey as well as creation of ongoing survey panel to solicit ideas year -round • Elevate guest service emphasis by TOV in partnership with Vail Resorts and other community partners • Identify additional volunteer opportunities for locals to build sense of community • Use 50 anniversary celebration of Vail as springboard to address gaps in Vail's vision of a well - rounded community Goal #6 Abundance of gathering places What's Underway: \n 2/2/2010 \n 8 • Continued partnership with Vail Recreation District to plan for improvements to recreation facilities Opportunities: • Create an inventory of existing facilities (Donovan Pavilion, Vail Gymnastics Center, etc.) and identify gaps that would fulfill Vail's vision of a well - rounded community • Create additional programming and marketing opportunities for existing gathering places • Proceed with remodel of Vail Public Library to fulfill identified gaps • Identify available land /property, re: half of Timber Ridge, CMC space, etc., to be used for community facilities Goal #7 Locals -based shops & services What's Underway: • Acknowledgment of importance of affordable local services, re: barber shop, dry cleaning/laiilwiLl cafe, service" n, dentist, etc. Opportunities: • Use West Vail master plan to identify t es of shops and services that should be retained and identify what's in sing • Explore possibility of deed - restricted commercial space as well as other incentives to attract non - profits • Increase number of year -round occupied homes to sustain businesses + Increase office space in town to create more diverse employment opportunities • Explore services needed to retain aging population Goal #8 Resurgence of Vail's pioneering spirit, values and culture What's Underway: • Creation of a Town Council work plan that addresses gaps in Vail's vision • Oral history project (video interviews of Vail's pioneers) to document Vail's past Opportunities: • Explore more opportunities for levity • Explore more environmental sustainability opportunities • Participate fully in 50 anniversary celebration \n 2/2/2010 \n 9 • Pursue World Alpine Ski Championships and /or Winter Olympics bid 3. VAIL AS # 1 (GUEST RELATIOl S / RESORT SERVICES) Vision: The Town of Vail will take a leadership role in collaborating with its resort partners to deliver an integrated and seamless quality experience for Vail's customers and our mountain guests. Whether interfacing directly with our municipal services as a resident or property owner, or enjoying a vacation as a guest, our strategic alignment will be embodied in a community -wide culture that will elevate customer service to new levels and will result in elevating Vail's economic prosperity across the resort and retaining Vail's mission to be the premier mountain resort community. Implementation Actions: Goal #1 Work with resort community partners to retain a leadership position in lodging and tourism activity in comparison with resort competitors What's Underway: • Set benchmarks for standards of service; develop consistent standards and training; and utilize measurement tools for evaluation of delivery of customer service • Create a Town of Vail rewards program for outstanding customer service • Elevate customer service community -wide to increase the perception of Vail as a friendly place by communicating with Vail Mountain, chambers, merchant groups, Info Centers and local businesses that this is a priority Opportunities: • Support Vail Resorts efforts to broaden summer on- mountain activities available to guests and locals to attract more business to Vail • Continue to work on attracting families to Vail by marketing and promoting activities, events and free attractions that are family - friendly and affordable • Work with partners such as Vail Resorts, Forest Service, Vail Recreation District and local businesses to increase on- mountain and in -town opportunities in summer and winter to attract more business to Vail • Improve ease of access to Town of Vail and Vail mountain with upgraded signage and communication regarding accessing parking, skier drop -off, and mountain portals • Explore merger of Community Host program and Info Centers to deliver better service and align efforts of the Town of Vail around guest relations • Explore an increase in the number of Community Hosts and their responsibilities to deliver better service • Determine role of chambers in new guest services structure \n 2/2/2010 \n 10 Goal #2 Centralize information on events and activities in one place What's Underway: • Community Host program • Information Centers • Overhaul of www.vail.com and www.vailgov.com web sites for better access to information for guests and residents Opportunities: • Partner more closely with Vail Resorts, concierges, local businesses and chambers as outlets for distribution of information on events and activities • Consider enhancements and upgrades at Information Centers to include flat screen TVs and a dedicated activities desk with current Vail event and activity information • Explore better signage and distribution of flyers in town and on buses with activity and event information 4. PARKII G / TRAI SIT Vision: The following parking and transit vision for Vail was taken from the Vail 20120 document, adopted I ovember 6, 2007. Vail is recognized as having a comprehensive transportation system and through continued redevelopment, has reinforced its transit - oriented lifestyle. Transit, walking and biking are the major modes of travel along with extensive, multi -modal connections between major destinations. Those who choose to drive are welcomed with a well - maintained roadway system directing vehicles to Vail's managed parking areas. Goods and service delivery are distributed through the town's dispersed loading and delivery system. Getting to and from Vail is safe and efficient. Connections throughout the intermountain area are seamless and a big factor in Vail's quality of life. Workers enjoy a one -hour commute from the Denver Metro area or Glenwood Springs in a reliable and environmentally friendly method, while residents and guests enjoy the same commute to Denver for work or visits to the many cultural venues and events. Convenient connections to the nearby airports make year -round travel to Vail easy from anywhere in the world. Mission - 20120 Implementation Based on input from the community during the 20120 process, town staff developed the following mission, goals and action strategies to support the transportation vision. Create an integrated Transportation System with high levels of service that caters to the many needs of our residents, guests and employees and embraces the many issues of the surrounding natural and built environment in its design, implementation and operation while minimizing the environmental impact of the transportation system on the town and region. Establish a transportation hierarchy order of pedestrian /bike, transit, high occupancy vehicles, cars /trucks. \n 2/2/2010 \n 11 Goal #1 — Parking — A maximum of 15 days of parking on the Frontage Roads in the winter and 3 days in the summer when parking demand exceeds supply What's underway: • Adopted Transportation Master Plan • On going Parking Task Force actions on the management side • CDOT lease agreement and requirement of decisions regarding Frontage Road • Ford Park Parking Feasibility Plan ems, • LionsHead Parking Structure Redevelopment Resolution • Ever Vail development application submitted • Parking intercept survey e Opportunities: - • Parking Master Plan ❖ Updates all the data regarding parking supply and demand currently, with any updated changes and anticipated future changes to the supply and demand ❖ Discussion on decisions surrounding automobile use will be included. ❖ Identify strategies and partners and necessary next steps regarding alternative modes will be included to include car pooling, van pools and park'n rides ❖ Locations, costs and pros and cons of various long term solutions and any related decision points on the long term parking model will be included ❖ Discussion on a finite limit on the maximum amount of cars that can be accommodated ❖ Develop an emergency on street parking plan that ensures parking is provided in a convenient and safe manner ❖ Develop a parking revenue and funding plan which offsets all parking costs, including operations and capital, and combined with the ski tax, pays for the operational and capital costs of transit • Decision on the ownership of the frontage roads • Decision on Ever Vail Proposal • Next Steps regarding long term parking implementation: ❖ Implement priorities of the Parking Master Plan ❖ Determine how will it be funded and when it will be completed ❖ Design and receive entitlements for the priority solution ❖ Solicit contractors and build the project and associated public improvements required of the project \n 2/2/2010 \n 12 Goal #2 - Bikeways - Vail shall be recognized as a regional destination for all types of biking and all types of riders What's underway: • Vail designated as a bike friendly community bronze level • Design of bike lanes /shoulders of the frontage roads from Ford Park to East Vail Interchange Opportunities: • Evaluate the Simba Run underpass and other crossings of 1 -70 • Define /refine bikeways role in goals of overall guest experience, well - rounded community and Vail being the #1 resort community • Ensure integrated bikeway planning is part of any and all master planning efforts • Develop a safe and comprehensive plan which address the biking needs of a variety of users that promotes the use of bikes as a travel mode and a recreational amenity Goal #3 - Pedestrians - Vail shall be recognized as a walking/hiking destination as well as one in which a car is not required for your visit What's underway: • Continued adoption of loading and delivery improvements • LionsHead Transit Center public improvements Opportunities: • Ensure new projects and master plans address pedestrians • Simba Run and other pedestrian crossings of I -70 • Identify and address areas of vehicle and pedestrian conflicts to improve safety and convenience • Depending on Frontage Road Parking decision; provide additional pedestrian improvements on the frontage roads • Define pedestrian priority hierarchy and improvements and the role they play in the post card image, well - rounded community, guest service and Vail number one goals • Work with partners on promoting and encouraging Vail as a destination for walkers /hikers • Develop an environment that strongly embraces the ability to safely walk in Vail for all various users \n 2/2/2010 \n 13 Goal #4 — Transit - Provide a superior, safe and efficient local and regional transit system that supports alternative transportation modes meeting their goals as well as the overall Vail experience of residents, guests and employees. What's underway: • Rocky Mountain Rail Feasibility Study • I -70 PEIS (Programmatic Environmental Impact Study) • ECO participation • LionsHead Transit Center Opportunities: • Participate in the Eagle County Mayor's and Manager's Transit Task Force • Determine impacts on our transit service with regard to potential new projects such as Timber Ridge and Ever Vail • Determine the role of transit in the overall parking solution • Determine the role of transit in guest relations, family orientation, and the No. #1 resort and well - rounded community • Further define the role of Simba Run in the overall transit plan • Design and construct LionsHead Transit Center improvements • Further understand and promote coordination of transit on a regional basis, i.e., Summit County, Garfield County and CDOT • Ensure new projects and masterplans address pedestrians • Explore funding opportunities to enhance transit operations through use of parking revenues Goal #5 - Roadways - Roadways, now and in the future, accommodate the safe, convenient and efficient movement of traffic in a way that does not detract from Vail as a resort community What's underway: • Frontage Road discussion with CDOT • Frontage Road functional planning • Frontage Road relocation - Ever Vail • Variable Message Sign Master Plan • I -70 Coalition • Eagle County Transportation Collaborative • CDOT Intermountain Planning Region efforts • Road sand cleanup and 1 -70 berming efforts Opportunities: • Prepare a Simba Run Underpass Feasibility Plan \n 2/2/2010 \n 14 • Determine the ownership and functions of the Frontage Road • Provide direction on automobiles use and impacts • Determine the carrying capacity and sustainable questions regarding traffic • Ensure new projects and master plans address roadways and associated impacts • Define automobiles, roadways and roadway improvements and the role they play in the post card image, well - rounded community, guest service and Vail #1 goals • Reduce the environmental impacts of the roadway system and automobile use Goal #6 - Air Service - Year -round air service a4d° he `'necessary ground transportation connect Vail to the world. What's underway: • Eagle County Air Alliance • Vail Resorts, lodging, and ground transportation marketing and packages initiatives • Expansion of Eagle County Airport runway Opportunities: • Explore new markets both seasonally and year round • Coordinate international markets through DIA • Determine market saturation and identify current practices with diminishing returns • Working with local, regional, national and international partners to ensure that this goal is met J�k X 01 5. ECOI OMIC SUSTAII ABILITY / BUDGET & CAPITAL 11 FRASTRUCTURE PLAI III G Economic Vision: The following economic development vision for Vail was taken from the Vail 20120 document, adopted I ovember 6, 2007. The following vision describes how the community envisions Vail's economy: Vail's economy is supported through a year -round viable business environment that meets the market demands of both residents and visitors. The major redevelopment of much of the town has expanded and enhanced Vail's pedestrian and commercial areas, which provides a strengthened tax base. A diversity of retail, lodging, dining, special events and service businesses and both indoor and outdoor recreation opportunities funds a growing employment and revenue base. The town's strong infrastructure, environmental stewardship and its cooperation with economic and community partners \n 2/2/2010 \n 15 benefits Vail's economy. Through prudent cost - management and balancing of diversified revenue sources, the municipality has sustainable funding for its capital and operational needs. Mission: To sustain a vibrant, multi - seasonal economy for those who live, work and play in the Vail community. This vision and mission were adopted in December 2008 by the Vail Town Council as part of the Vail Economic Development Strategic Plan. Implementation Actions: Goal #1 Build a strong relationship between the Town of Vail and the Vail business community What's Underway: • Continue the efforts of the Vail Economic Advisory Council for the purpose of advising the Town Council, Town Manager and the community on economic issues that will sustain, enhance and diversify the town's economy • Create a consistent dialogue with businesses and business organizations to keep a pulse on economic vitality Opportunities: • Create better communications among all stakeholders about what the Town of Vail is doing to sustain economic vitality by distributing information on activities being undertaken by VLMD, CSE, VEAL, Town Council, etc. ® ®-MWW Goal #2 Add a third economy, in addition to tourism and real estate, for future sustainability for Vail What's Underway: • Create a far deeper set of programs around the passions at the intersection of outdoor sports /recreation + health /wellness to position Vail as the world -class destination for pursuing these passions Opportunities: • Partner more closely with Vail Resorts, Vail Valley Foundation, Vail Valley Medical Center, Vail Recreation District, Forest Service and other appropriate entities to deliver additional programs for health/wellness + sports /recreation to fulfill the promise of Vail as a world -class destination to pursue passions in these areas \n 2/2/2010 \n 16 • Continue recruitment of regional, national and international brand partners in these areas to tap into their database, customers and marketing efforts as an avenue to develop additional programs and offerings for Vail • Develop an inventory of assets including but not limited to facilities and programs of the Town of Vail, Vail Recreation District and Vail Resorts for the purpose of marketing these facilities and programs to attract destination guests and identify gaps existing that could be funded by Conference Center monies which have been collected, the original intent of which was to "increase occupancy and increase overall economic activity." Consider convening a task force to develop this report and bring forward a concept for community feedback and possible inclusion on the November 2010 ballot for utilization of the conference center fund to enhance existing facilities and/or build a new facility Goal #3 Increase the Town of Vail's economic activity as measured by sales tax revenue to exceed annual inflation, as measured by the Consumer Price Index What's Underway: • Benchmark and monitor local economic performance in order to track and respond to changing economic conditions Opportunities: —_ .a • Explore a consistent,',-evaluation of economic objectives, strategies and tactics to remain in ', adership position in the evolving economic environment , i Goal #4 Focus on building a year -round economy; reduce economic seasonality by growing the summer economy (May — October) at a rate greater than the winter economy (I ovember — April) What's Underway: • Develop an annual work plan for the Vail Local Marketing District to continue the mission of marketing and promoting Vail to attract destination overnight visitors from May — October • Develop an annual work plan for the Commission on Special Events to continue the mission to support and assess a diverse collection of special events, both large and small, which promote Vail's vitality, sense of community and increase the quality of the experience for guests and residents year -round • Develop a consistent measurement tool to gather ROI from a 3 rd party expert on events funded by the Town of Vail general fund — including CSE funding \n 2/2/2010 \n 17 and Council contributions — to determine successful events contributing to a well - rounded economy • Schedule peer resort visits to other seasonal communities to learn best practices and trends for economic sustainability Opportunities: • Consider options for a permanent funding mechanism for all special events which could include increasing the VLMD lodging tax or instituting a tax similar to the Conference Center tax of both sales and lodging Budget Vision: Our vision for the town's budget is encompassed in the last sentence of the Economic Development vision. Through prudent cost management and balancing of diversified revenue sources, the municipality has sustainable funding for its capital and op ational needs. Implementation Actions Goal #1 Manage the town's finances so that our citizens and guests are provided with a premier level of services and amenities in a fiscally responsible manner What's Underway: • 2009 and 2010 budget spending reductions accomplished with no noticeable reductions in service levels while increasing loading and delivery and fire services WL • 2010 General Fund budget and 2011 forecast balanced within the year • Capital Projects Fund maintains fund balance through 2010 • Annual budget process assures resources are adequate to fund programs and reserves are maintained Opportunities • See "Our Vision for Capital and Infrastructure" Goal #2 Develop and maintain a sustainable operating model with diversified revenue sources What's Underway: • Housing pay -in -lieu implemented in 2008 contributed $529K in '08 and $76K in '09 for employee housing programs \n 2/2/2010 \n 18 • Construction use tax implemented in 2008 contributed $608K in '08 and $714K in '09 for capital projects • 2009 budgeted operating expenditures reduced by $2.9 million and 10.6 positions • Grant funding procured to support a police officer position and partially support three fire fighters; additional 911 board funding provided for 2 dispatchers • 2010 sales tax revenue budget is 35% of total revenue compared with 45% in 2003 (pre- redevelopment) Opportunities: • Ten -year financial model (need clarification — currently prepare 5 -year forecast for all major funds and 15 -year capital plan) • New or additional revenue sources identified by Council, staff and the community to further diversify revenues and provide additional funding to support the town's vision ❖ Increase in building fees ❖ Fire impact fees •'• Transportation impact fees ❖ Summer parking fees ❖ Mil levy increase (Vail's is lowest in the county) ❖ Lodging tax and /or sales tax for special events Capital Vision: The town's capital assets include recreational and cultural amenities as well as basic municipal injrastructure, serving both residents and guests. All structures are built and maintained in a manner consistent with the overall vision of the premier mountain resort community. Goad I Maintain the town's valuable infrastructure and town -owned amenities to standards that are consistent with a premier mountain resort community What's Underway: • Agreement vVRh Vail Recreation District for ongoing maintenance and cost - sharing of recreational amenities • Fifteen -year capital plan presented to Council annually • Capital maintenance and equipment replacements funded in annual budgets • RETT budget presented by type of expenditure, i.e., operating or capital • Project prioritization begun with "wallet exercise" (December retreat 2009) Opportunities: \n 2/2/2010 \n 19 • Prioritize capital projects and align with goals established by council in support of their vision Goal #2 Add public infrastructure and new amenities as appropriate to support the town's objectives for: customer service and guest relations; well - rounded community; economic development; parking; housing; and environmental sustainability What's Underway: • Timber Ridge redevelopment • West Vail fire station • Ford Park Parking Feasibility Plan presented fall 2009 • Amended Transportation Master Plan adopted June, 2009 • Parking Study presented at Town Council Retreat .J2 /08/09 'INe • LionsHead transit facility Opportunities: • Prioritize capital projects and align with goals (the following are from wallet exercise) iL- ❖ Capital • Main Vail fire station renovation • Library remodel • Chamonix site housing • Additional guest service sites /locations *:• RETT ■ Golf clubhouse improvements ■ Ford Park soccer field parking lot improvements ■ Frontage Road bike lanes ❖ TIF ■ Improvements to current LionsHead parking structure and auxiliary building ■ New LionsHead transit center with skier drop -off ■ Expanded parking at the LionsHead parking structure ■ Wellness /multi - purpose center • See additional section on Parking /Transit, page 10 Goal #3 Assure necessary funding is available to provide new amenities in support of Goal #2 What's Underway: \n 2/2/2010 \n 20 • Refinancing of Timber Ridge land costs through long -term land lease with Vail Timber Ridge LLC and restructuring of current debt with US Bank • West Vail fire station funded from available cash in 2010 • Tax Increment Financing (TIF) and federal grants will fund LionsHead transit facility Opportunities: • Understand operating costs that go with new projects to assure ongoing funds are available for maintenance and operation • Identify projects needing additional funding and develop financing alternatives ❖ Additional TIF dollars for LionsHead public improvements (capital, not operations) ❖ Reallocation of funds collected for conference center ($9.3 million — requires ballot issue) ❖ Vail Resorts $4.3 million coininitment for incremental parking ❖ Bond financing in 2013 (existing bonds paid off in 2012) 6. EI VIROI MEI TAL STEWARDSHIP Vision: The following Environmental Stewardship vision for Vail was taken from the Vail 20120 document, adopted I ovember 6, 2007. The Town of Vail shall serve as a nationally recognized leader in sustainability through a commitment to community partnerships and balanced stewardship of human, financial and environmental resources in policy and daily operations. What's un` erway: • Food and restaurant inspection program ❖ Conduct risk based inspection program and ensure food safety by working with restaurant owners to ensure excellent kitchen conditions. • Solid waste stream diversion and recycling ❖ Conducted a volume - based, PAYT pilot program in cooperation with Waste Management and Vail Honeywagon. ❖ Participated in the Colorado Association of Ski Towns Reusable Bag Challenge to raise awareness about the benefits of reusable bags. ❖ Working with the citizen's advisory committee to assist with improving recycling and waste diversion practices, and exploring the Pay -As- You -Throw concept, finalizing recommendations to the Town Council. \n 2/2/2010 \n 21 ❖ Facilitated pilot recycling program for Town businesses through annual Town grant program. ❖ Developing a volume -based waste diversion and recycling program for residential households. Adopt recycling ordinance for commercial properties based on Vail Village Pilot Recycling program input and results. • Energy efficiency ❖ Working with the Governor's Energy Office, Johnson Controls Inc. and Rocky Mountain Institute to assess current /future energy needs, and implement energy efficiency measures for all municipal facilities. Identify potential renewable energy projects and policies. Reduce carbon emissions based on the Vail 20/20 input ❖ Adopted 2009 International Energy Conservation Code with amendments containing more stringent requirements for boiler and window efficiency. •'• Adopted 2009 Fuel Gas Code with amendments that i ove natural • gas usage related to fire pits ❖ Established a baseline scenario for Town of Vail organizational green house gas emissions and energy consumption, residential waste levels and recycling participation rates, water quality and forest health and established measurable, attainable goals for improving the baseline ❖ Completing facility -wide energy assessment and implementation plan. ❖ Submitted Department of Energy grant for biomass pilot project ❖ Conducting demonstration energy audits and blower door testing on commercial and residential properties (Home Energy Efficiency Ratings in town). ❖ Conducting regional energy efficiency public education and code training workshop • Ecosystem Health *r 11 ❖ Implementing the Gore Creek Water Quality protection program to assess pollutant sources entering Gore Creek from roads, residential and commercial properties, and identify opportunities to reduce them ❖ RiverWatch stream health monitoring program, to assess metals, dissolved oxygen, and stream health on Gore Creek sites • Sustainable economic and social development ❖ Continue to expand, improve upon, build recognition of, and participation in, the Vail Green Events Program • Public education and communication: \n 2/2/2010 \n 22 ❖ Trees for Vail forest restoration program ❖ Coordinate Employee Environmental Focus Group efforts to improve Town environmental stewardship ❖ Conduct Town, River and Highway Clean -Up -Day events Opportunities: • Adopt Gore Creek Water Quality Protection Plan to maintain gold water trout stream status. • Publish State of Gore Creek Report indicating first year' Its of water quality monitoring. • Work with citizens recycling committee to determine final improved waste diversion and recycling program. • Initiate an employee vanpool program to reduce carbon emissions and increase parking availability in the municipal lots. • Improve fleet fuel efficiency through employee education/incentive program. • Provide RiverWatch presentations and education programs to Vail students. • Enhance current recycling drop -off center user experience by installing solar powered lighting. • Investigate additional public recycling drop -off center opportunities to expand recycling opportunities. • Re -affirm the core value of environmental stewardship within the Town of Vail through management buy -in and support, and employee and community education. • Strengthen the preferred minimum qualification requirements of the Planning and Environmental Commission (PEC). • Strengthen partnerships with key stakeholders, particularly Vail Resorts to further mutual environmental goals. • Further empower the employee environmental Focus Group to take action in their own departments. Support EFG through annual budget. • Serve on steering committee for Sustainable Design Assessment Team project, work with University of Colorado graduate program to conduct further study, implement program recommendations. • Complete community greenhouse gas emissions inventory. • Conduct second Sustainable Building Initiative public workshop. • Adopt Sustainable Building Initiative. • Pursue additional state /federal /local environmental grants, assist local business owners in pursuing renewable energy grant funding. \n 2/2/2010 \n 23 MWN *VA JAI UARY 19, 2010 VAIL TOWI COUI CIL VISIOI II G SESSIOI TAKEAWAYS POST CARD IMAGE • Vail Village & clock tower • Identify historic buildings or areas • Small ski village — scale • Pedestrian scale • Abundance of mature vegetation • Scale of LionsHead = larger buildings • Character of the buildings matches the spirit & intent of the founders • New buildings can meet architectural intent and character of the founders (i.e., Tivoli Lodge) • Review zoning regulations and design guidelines to maintain character • Maintain & enhance open space & parks • The Role of SDD's in the redevelopment process? • Identify action plan to guide future decision making (one year) Human Aspects: • Community Elements? / Nest Vail serves as service area for community 1. Hair cut 2. Breakfast 3. Community services 4. Out migration of "Locals" Characteristics: • Reasonable housing • Stores • Barber shop (community services) • Laundry • Market • Schools • Affordable housing \n 2/2/2010 \n 24 • Recreational opportunities for children ( <10 yrs.) and families, i.e., Avon Recreation Center • Special events (4 of July) • Community center (community centric) • Parks & open space • Gathering places Givens: • Village is the Post Card Image Al, • Review master plans and zoning regulations • West Vail redevelopment planning *Do the master plans support a well - rounded community? Other matters: • Work with school district to maintain Red Sandstone Elementary School in Vail • Ski - Snowboard Academy back in Vail • Eagle -Vail Annexation ( ?) BMHS — Meadow Mountain School Site • Clearly identify our public benefit expectations • Comprehensive community wide recycling programs • Hosting international race events • International bicycle race (summer) • Celebrate o eritage lunteerism ,!., VAIL AS #1 • Expand the resort to summer 1. Support Vail Resorts with summer on- mountain activities • How does the town deal with the perception that Beaver Creek is more family friendly 1. Perception and high visibility of children's ski school experience. 2. Continue to work on attracting families to Vail. • Rank low in nightlife 1. Lack of music venue — outdoor as well • Attract families to Vail • Too many people, too much attitude \n 2/2/2010 \n 25 I . Guest services 2. Mid -level family lodging 3. Work with private partners 4. Create ownership in the future success of Vail 5. Establish a mil -levy for cultural amenities 6. Lighten up! • Focus on destination business 1. Guest Services — 7 days /week 2. Basics - Grooming, Lift Operations, Food, On- mountain Facilities 3. Partner with Vail Resorts as a developer & operator 4. Ease of access to Town of Vail and the mountain PARKII G • Support Vail 20/20 goal of 15 days per year on the Fro tage Roads within five years • Improve access to Vail 14�__ • Public park -n -rides • Seek alternative modes of transit 1. Meet w/ other communities • USFS land & Dowd Junction • "All" the cars in Vail • Frontage Rd., Trailhead parking • Golf Course, Soccer Field • East end of LionsHead parking structure • Master parking plan • Develop a philosophy around accommodating the vehicle: UM 1. Incentive /disincentives 2. Alternate modes 3. Finite Capacity 4. Parking policy • Re -visit the assumptions of the master plans • Did we accomplish the goals / What are the unintended consequences? • Explain: Parking requirements • What is our carrying capacity? • "Cost" of future development ECOI OMIC SUSTAII ABILITY \n 2/2/2010 \n 26 • What is our secondary economy? • October as a summer month. • Does our model of relying on sales tax still work? • Create ten year financial model: 1. Forecast our expenditures out 2. Prioritize 3. Understand our operating costs /capital costs a) Which projects require alternative funding b) Align capital project expenditures with our goals. 4. Identify "Linger" strategies a) Ski storage b) Ski check c) Ski valet' • AIPP — Art as a destination 1. Create a cultural attraction EI VIORI MEI TAL STEWARDSHIP • Develop an environmental value /culture • Schedule Time for Environment & Housing Joint Session w /PEC \n 2/2/2010 \n 27 Sample Work Plan attachment: Build a strong relationship between the Goal 1 Town of Vail and the Vail business community Objective po Continue the efforts The VEAC will continue to VEAC Budget contained in Monthly of the Vail Economic meet once a month and will Economic meetings Advisory Council continue to build on VEAC Development Office (VEAC) 2008 Work Plan Strengthen Facilitate open communication VEAC & Economic Funding for Biannually — partnerships with Vail between the Town of Vail, Vail Development speakers and summer and businesses Resorts, and businesses in the Office meeting locations - winter seasons sectors of retail, lodging, food $1,000 per event and beverage, development, real estate, medicine, etc. by holding regular meetings, roundtables and-forums low AL \n 2/2/2010 \n 28 M. iV f3i7 4!� T' i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 2, 2010 ITEM /TOPIC: Code Revision Project: Policy Recommendations PRESENTER(S): Rachel Friede ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council listen to the presentation, ask any pertinent questions, and provide input on potential changes to various policies related to zoning. BACKGROUND: The Town's first zoning code was adopted in 1969, and since then, the code has been amended hundreds of times. Most amendments were made one at a time and as a reactive response to a present concern. Thirty years of amendments have taken a toll on the Town's zoning code. As a result, the format of the code is fragmented and disorganized. The language is inconsistent and lacks clarity. And, some policies, regulations and procedures are outdated. The purpose of the 2009 Code Revision Project is to re- establish consistency, clarity and accuracy of the Town's zoning code. STAFF RECOMMENDATION: Because there is no formal action requested at this time, Staff does not have any formal recommendation to the Vail Town Council. ATTACHMENTS: Town Council Memorandum Code Revision Attachment \n 2/2/2010 \n MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: February 2, 2010 SUBJECT: Code Revision Project: A request for a hearing to discuss prescribed regulations amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to Title 12, Zoning Regulations, Vail Town Code, and setting forth details in regard thereto. (PEC090017) Applicant: Town of Vail Planner: Rachel Friede I. SUMMARY The applicant, the Town of Vail, is requesting a hearing with the Vail Town Council to discuss prescribed regulations amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to Title 12, Zoning Regulations, Vail Town Code, to allow for housekeeping and clarification of code language and policies within the Town of Vail, and setting forth details in regard thereto. The purpose of this discussion is to provide the Vail Town Council with a portion of the Code Analysis Report, provided in Attachment A of this memorandum. Attachment A includes an analysis of Chapter 12 -1, Title, Purpose and Applicability, Chapter 12 -4, Districts Established, Chapter 12 -5, Official Zoning Map, and Chapter 12 -6, Residential Districts, Vail Town Code. II. BACKGROUND As part of the Code Revision Project, Staff has been analyzing Title 12, Zoning Regulations in order to understand all of the issues and complexities within the existing regulations. The resulting Code Analysis Report will serve as the foundation for updating the regulations to achieve the goals outlined for the Code Revision Project, which are as follows: 1. Integrate green standards and guidelines. 2. Streamline the process and procedures for development review. 3. Ensure consistency among regulations and planning documents. 4. Increase efficiencies and cost savings in the development review process. 5. Eliminate outdated, ineffective and unnecessary provisions within the development titles. 6. Reaffirm existing policies and adopt new policies to clarify direction. 7. Maintain current with industry practices and standards. 8. Ensure support from the community through public process. Within each chapter, the report includes a summary, general issues, existing regulations with specific issues and recommendations (outlined in a thick single line), a summary of related regulations, and recommended regulations (outlined in dashed lines). The Planning and Environmental Commission reviewed this portion of the Code Analysis Report, and their comments have been reflected in the identified issues and recommendations. \n 1 2/2/2010 \n 4 -1 -1 \n III. STAFF RECOMMENDATION Staff requests that the Council members listen to the presentation, ask pertinent questions, and provide input on the Code Analysis Report. Because this is a work session, no formal action is requested at this time. Staff specifically requests input on the following questions: 1. Does the Town Council agree with the recommendation to allow "bed and breakfasts" and "communications equipment" as permitted uses with use specific criteria instead of conditional uses? Currently, these land uses are conditional uses, and staff recommends that they become permitted uses with use specific criteria. Should a proposal not meet the use specific criteria, the application would be deemed a request for a conditional use permit. The proposed use specific criteria are as follows: Use Specific Criteria for Bed and Breakfasts: 1. Bed and breakfasts shall have a manager that lives on site during operation of the bed and breakfast. 2. Bed and breakfast operations shall be limited to up to 4 bedrooms for guests. 3. Parking requirements shall be met on -site with one space for the manager plus one -half of a parking space per bedroom that is part of the bed and breakfast operation. 4. Trash shall be enclosed within the structure or within a wildlife resistant enclosure, per Section 5 -9 -2 of this Code. 5. Signage shall be limited to one residential nameplate, per Title 11, Sign Regulations. 6. The applicant shall obtain written approval from the joint property owner or homeowners association, where applicable, in order to obtain a business license. 7. Bed and breakfasts shall not negatively impact adjacent properties. Should any significant negative impacts occur, such as traffic, noise, etc, to adjacent properties, those properties may appeal the Staff determination of compliance to the Vail Town Council. Use Specific Criteria for Communications Equipment: 1. Communications antennas and any associated appurtenant equipment should be integrated into existing principal buildings and structures. 2. All antennas and appurtenant equipment shall be located and screened so as not to detract from the overall site design quality. 3. Any trees that are removed to facilitate installation shall be replaced with the same number and overall height of trees. 4. Communications antennas shall not be located in setbacks. 5. Any obsolete communications antennas and appurtenant equipment shall be removed within thirty days of ceasing use. 6. The subject property shall comply with outdoor lighting regulations. 7. All communications antennas shall be painted to match the exterior materials of the structure or be enclosed with materials that match existing materials. 8. Any equipment on the ground shall be enclosed with fencing, walls or landscaping. 9. Communications antennas and appurtenant equipment shall be considered an architectural projection in determination of height, which shall be permitted to exceed maximum height by 25 %, nor more than 15 feet, whichever is more restrictive. \n 2 2/2/2010 \n 4 -1 -2 \n 2. Does the Town Council agree with the recommendation to standardize a GRFA credit, increase in site coverage and a reduction in landscaping requirements for all EHUs in the Hillside Residential (HR), Single Family Residential (SFR), Two - Family Residential (R), and Two - Family Primary /Secondary (PS) Districts? Currently, the GRFA credit, site coverage bonus and landscaping reduction are provided for EHUs on site in R and PS Districts for lots smaller than 14,000 square feet. A GRFA credit, but not a site coverage bonus or landscaping reduction, is provided for EHUs in the SFR District and in R and PS Districts with lots over 14,000 square feet. There are no bonuses in the HR District. 3. Does the Town Council agree with the recommendation to add incentives for employee housing units in the Residential Cluster (RC), Low Density Multiple Family (LDMF) and the Medium Density Multiple Family (MDMF) Districts, specifically providing additional site coverage and reduced landscaping requirements if the project has EHUs equal to 10% of units, or one EHU, whichever is greater? Currently, there is no GRFA, site coverage or landscaping credits given to these sites. A slight incentive and mechanism to allow the construction of EHUs would potentially increase the amount of EHUs built outside of the inclusionary zoning and commercial linkage requirements. 4. Does the Town Council wish to include statements regarding the need for sustainability and green building as part of the purpose statements of the Zoning Regulations? 5. Does the Town Council need any additional information to make an informed decision on these matters? IV. ATTACHMENT A. Code Analysis Report (in part) \n 3 2/2/2010 \n 4 -1 -3 \n ATTACHMENT A VAIL TOWN COUNCIL EVENING SESSION 02/02/2010 2009 CODE REVISION PROJECT CODE ANALYSIS REPORT DRAFT TITLE 12, ZONING REGULATIONS: CHAPTER 1, TITLE PURPOSE AND APPLICABILITY CHAPTER 4, DISTRICTS DESIGNATED CHAPTER 5, OFFICIAL ZONING MAP CHAPTER 6, RESIDENTIAL DISTRICTS \n 2/2/2010 \n INTRODUCTION SUMMARY The Code Revision Project is a coordination among stakeholders to provide a comprehensive review of Titles 10 (Building Regulations), 11(Sign Regulations), 12 (Zoning Regulations), 13 (Subdivision Regulations) and 14 (Development Standards), all of which pertain to development within the Town of Vail. The project will identify current issues, establish goals and policy objectives, and will result in a coordinated rewrite of the above Titles to meet established goals and objectives. GOALS OF THE 2009 CODE REVISION PROJECT • Integrate green standards and guidelines. • Streamline the process and procedures for development review. • Ensure consistency among regulations and planning documents. • Increase efficiencies and cost savings in the development review process. • Reduce excess language from the development titles. • Reaffirm existing policies and adopt new policies to clarify direction. • Maintain current with industry practices and standards. • Ensure support from the community through public process PROCESS AND SCOPE OF WORK The following is a summary of a proposed process and scope of work for completing the Code Revision Project. The purpose of this summary is to provide an understanding of the proposed product, workgroup and schedule required to complete this scope of work. Step 1: Project Initiation: This initial phase will allow Staff to solidify the process for this project, inform the public and gain buy -in from stakeholders. Timeframe: One Month: January 2009 Step 2: Information Collection and Analysis: Staff will compile information on the existing Code and provide a report that outlines existing conditions of the Town, existing conditions and issues of the pertinent Titles of the Vail Town Code, and outline State and Federal regulations that pertain to this project. The report will identify the main issues and problems associated with the existing Code through a variety of outreach methods, including interviews and focus groups. Timeframe: Ongoing Step 3: Convene an executive committee of two Staff members and members of the community who are involved in the development process. This committee will meet regularly to establish project goals, policy objectives, and a consistent format for the pertinent Titles, provide direction to Staff on necessary research, and to work with Staff to solidify the language of the proposed relevant Titles. Timeframe: Ongoing Step 4: Convene subcommittees as necessary, including the Building Board of Appeals, groups of local architects, developers /builders, utility companies, etc, in order to provide insight to existing and proposed requirements of the Vail Town Code. Building and Fire Board of Appeals to meet monthly and will convene subcommittees to draft amendments to 2009 I -Codes \n Introduction -I 2/2/2010 \n Timeframe: Concurrent to rest of project Step 5: Coordinate efforts of subcommittees with executive committee to ensure that project goals and policy objectives are in line with proposed code requirements. Timeframe: Concurrent with Steps 3 & 4 Step 6: Finalize proposed Code language, amendments to the Zoning Map, and format new regulations to prepare for adoption. Timeframe: Concurrent with Steps 3 & 4 Step 7: Review Process: The review process will involve presentations to inter - agency staff, the PEC, DRB and finally, to the Town Council. Timeframe: September 2009 —June 2010 Step 8: Implementation: Provide education to the public and implement the new regulations. Timeframe: Upon adoption of ordinance \n Introduction -2 2/2/2010 \n TITLE 12 ZONING REGULATIONS ANALYSIS REPORT TEMPLATE CHAPTER OR SECTION #, TITLE SUMMARY: Summary of existing regulations. GENERAL ISSUES AND RECOMMENDATIONS: • Summarize issues within the existing regulations • Provide additional issues that relate to the existing regulations above as a whole. • Answer the following questions within this section • Clean -Up: Does this section require clean -up? Is it consistent with other regulations, policies and adopted documents (i.e. master plans)? Are the regulations clear and concise? Is there fat that can be trimmed to simplify the requirements? • Greening the Code: Do green standards need to be considered? Is this regulation /policy green? What do LEED and others say about this? • Development Review Process: Is this section related to process and procedures for development review? If so, what is required by federal and state law? Is the process efficient and customer friendly? • Relevancy: Is this regulation /policy current with industry practices and standards? If not, what are they? • Policy Additions: What is missing from the policies /regulations? How does each relate to goals? EXISTING REGULATIONS, SPECIFIC ISSUE IDENTIFICATION AND RECOMMENDATIONS: 12 -1 -1: TITLE: This title may be cited as the ZONING REGULATIONS for the town, and shall form and be incorporated as title 12 of this code, otherwise referred to as "Vail town code" Issue: Spell out issue for individual section directly above ^ Recommendation: Summarize changes to make. RELATED REGULATIONS AND POLICIES: Referenced Code, Plans and Policies _PRO_PO_S_ED R EG U LA TI ONS: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 12 -1 -1: TITLE: This title may be cited as the ZONING REGULATIONS for the town, and shall form and be incorporated as title 12 of this code. \n Introduction -3 2/2/2010 \n CHAPTER 12 -1: TITLE, PURPOSE, APPLICABILITY SUMMARY: Chapter 1, Title, Purpose and Applicability is a legally required chapter that provides a clear and concise purpose statement. GENERAL ISSUES: • The first chapter of zoning regulations typically is a general provisions chapter that includes all general regulations for zoning. o Recommendation: This chapter should be renamed General Provisions in order to provide all general provisions for Title 12, Zoning Regulations. Additional pertinent sections should be added from other chapters and from legal requirements for Zoning Regulations, including severability, interpretation, and defined words. EXISTING REGULATIONS, ISSUE IDENTIFICATION AND RECOMMENDATIONS 12 -1 -1: TITLE: This title may be cited as the ZONING REGULATIONS for the town, and shall form and be incorporated as title 12 of this code, otherwise referred to as "Vail town code" 12 -1 -2: PURPOSE: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Issue: There is no specific purpose related to sustainability and employee housing. However, on October 12, 2009, the Planning and Environmental Commission expressed concern over a strong statement on sustainability. Recommendation: Staff has amended the recommendation, per the PEC's input, and only recommends adding a specific statement regarding creation of employee housing. 12 -1 -3: APPLICABILITY. The regulations prescribed by this title applicable to various districts and uses shall be minimum regulations and shall apply uniformly to each class or kind of land, structure, or use. Except as provided elsewhere in this title, the use of any land, the size or shape or placement of lots, the construction or location of structures, the provision of yards and other open spaces, and the provision of off street parking and loading space shall be in compliance with all of the regulations specified in this title. \n 1 -1 2/2/2010 \n RELATED REGULATIONS AND POLICIES: None _PROPOSED REGULATIONS_________________ _________________________ CHAPTER 12 -1: GENERAL PROVISIONS I I ' 12 -1 -1: TITLE: This title may be cited as the ZONING REGULATIONS for the town, and shall form and ' be incorporated as title 12 of this code, otherwise referred to as "Vail Town Code" 12 -1 -2: PURPOSE: j A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and j general welfare of the town, and to promote the coordinated and harmonious development of the ; town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous j conditions. j 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion m . j the streets. j 4. To promote adequate and appropriately located off street parking and loading facilities. ; 5. To conserve and maintain established community qualities and economic values, including the creation of employee housing to further these values. . 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. j 8. To safeguard and enhance the appearance of the town. j 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. j 10. To assure adequate open space, recreation opportunities, and other amenities and facilities j conducive to desired living quarters. ; 11. To otherwise provide for the growth of an orderly and viable community. 12 -1 -3: APPLICABILITY. The regulations prescribed by this title applicable to various districts and uses shall be minimum regulations and shall apply uniformly to each class or kind of land, structure, or use. Except as provided elsewhere in this title, the use of any land, the size or shape or placement of lots, the construction, location or aleration of structures, the provision of yards and other open spaces, and the provision of off street parking and loading space shall be in compliance with all of the regulations j specified in this title. j j 12 -1 -4: AUTHORITY j A. This Code is adopted pursuant to the authority contained in the Colorado Revised Statutes (C. R. S.), ; and the Colorado Constitution, Article XX, Section 6. Local governments are provided broad authority to plan for and regulate the use of land within their jurisdictions, as authorized in Title 29, ; Article 20, et seq. and Title 31, Article 23, et seq. of the C. R. S., as amended. Additional statutory authority may also exist for specific types of land use regulation. B. Whenever a section of the Colorado Revised Statues that is referred to in this Code is later amended or superseded, this Code is deemed amended to refer to the latest version of that provision within the CRS. 12 -1 -5: JURISDICTION: For purposes of zoning, this Code only applies to lands within the Town's corporate boundaries. A copy of a map showing the boundaries of the Town of Vail shall be available for public inspection in the Department of Community Development. ; I I \n 1 -2 2/2/2010 \n - - - - - - - - - - - - - .. - .. - .. - .. - .. - .. - .. - .. - .. - .. - - - - - - - .. - .. - .. - .. - .. - .. - 7 - 12 -1 -6: SEVERABILITY: If any part, section, subsection, sentence, clause or phrase of this Code is for: any reason held to be invalid, such invalidity shall not affect the validity of the remaining sections of the Code. I I 12 -1 -7: INTERPRETATION: In their interpretation and application, the provisions of this Code shall be held to be minimum requirements for the promotion of the general and specific purposes of this Title, as ' outlined in Section 12 -1 -2. Whenever the requirements of this Code are at variance with the ' requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or that j imposing the higher standards shall govern. j j 12 -1 -8: CONFLICT WITH PRIVATE COVENANTS OR DEEDS: In case of a conflict between this Code j and any private restrictions imposed by covenant or deed, the responsibility of the Town of Vail shall be ; limited to the enforcement of this Code. When provisions within this Code are more restrictive than those imposed by covenant or deed, or when any such private instruments are silent on matters contained within this Code, the provisions of this Code shall rule. 12 -1 -9: DEFINED WORDS: Words used in a special sense in this Code are defined in Chapter 12 -2. If j not specified in Chapter 12 -2, words are defined by the online version of the Merriam - Webster j Dictionary, located at www.merriam- webster.com. 12 -1 -10: WORD USAGE: j A. As used in this Code, words used in the singular include the plural and words used in the plural j include the singular. ' B. The words "must, " "shall" and "will" are mandatory; "may, " "can, " "should" and "might" are permissive. 12 -1 -11: PERMITTED USES: A. Listed Uses Exclusive: The listing of any use as being a permitted use in any particular zone district shall be deemed an exclusion of such use from any other zone district unless expressly permitted as j a permitted use, conditional use or accessory use. j B. Prohibited If Not Permitted: The permitted uses, conditional uses and accessory uses in the ; particular districts shall be deemed to be exclusive uses for those districts, and any use not specifically permitted as a permitted use is prohibited unless a determination of similar use is made ; in accordance with section 12-3-X of this title. 12 -1 -12: RELATIONSHIP TO COMPREHENSIVE PLAN: A. It is the intention of the Town of Vail that this Code implement the planning policies adopted in the Town of Vail Comprehensive Plan ( "Comprehensive Plan) for the Town of Vail and its extraterritorial j planning area. While this relationship is reaffirmed, it is the intent of the Town of Vail that neither this j Code nor any amendment to it may be challenged on the basis of any alleged nonconformity with the j Comprehensive Plan. j j 12 -1 -13: COMPUTATION OF TIME j A. In computing a period of days, the first day is excluded and the last day is included. ; B. If the last day of any period is a Saturday, Sunday, or the Town offices are closed, the period is extended to include the next day which is not a Saturday, Sunday or day in which the Town offices ; are closed. C. If a number of months is to be computed by counting the months from a particular day, the period ends on the same numerical day in the concluding month as the day of the month from which the j computation is begun, unless there are not that many days in the concluding month, in which case j the period ends on the last day of that month. \n 1 -3 2/2/2010 \n CHAPTER 12 -2: DEFINITIONS This Chapter purposefully omitted and will be included at a later date. \n 2 -1 2/2/2010 \n CHAPTER 12 -3: ADMINISTRATION AND VIOLATIONS This Chapter purposefully omitted and will be included at a later date. \n 3-1 2/2/2010 \n CHAPTER 4: DISTRICTS ESTABLISHED SUMMARY: Section 12 -4 -1 lists the zone districts that are established within the Town of Vail. Section 12 -4 -2 outlines the requirement that if a use is specifically listed, that use is only permitted when listed. When not listed, it is not permitted. GENERAL ISSUES: • This Chapter has an unclear title and is limited in its scope. This chapter should be combined with Chapter 5, Official Zoning Map, to include all information about established districts and the zoning map. EXISTING REGULATIONS AND ISSUE IDENTIFICATION 12 -4 -1: DESIGNATED: The following zone districts are established: Hillside residential (HR) district Single- family residential (SFR) district Two - family residential (R) district Two - family primary/secondary residential (PS) district Residential cluster (RC) district Low density multiple- family (LDMF) district Medium density multiple- family (MDMF) district High density multiple- family (HDMF) district Housing (H) district Public accommodation (PA) district Commercial core 1 (CC 1) district Commercial core 2 (CC2) district Commercial core 3 (CC3) district Commercial service center (CSC) district Arterial business (ABD) district Heavy service (HS) district Lionshead mixed use 1 (LMU -1) district Lionshead mixed use 2 (LMU -2) district Public accommodation -2 (PA -2) district Agricultural and open space (A) district Outdoor recreation (OR) district Natural area preservation (NAP) district Ski base /recreation (SBR) district Ski base /recreation 2 (SBR2) district Special development (SDD) district Parking (P) district General use (GU) district 12 -4 -2: PERMITTED USES: A. Listed Uses Exclusive: The listing of any use as being a permitted use in any particular zone district shall be deemed an exclusion of such use from any other zone district unless expressly permitted as a permitted use, conditional use or accessory use. B. Prohibited If Not Permitted: The permitted uses, conditional uses and accessory uses in the particular districts shall be deemed to be exclusive uses for those districts, and any use not specifically permitted as a permitted use is prohibited unless a determination of similar use is made in accordance with section 12 -3 -4 of this title. \n 4 -1 2/2/2010 \n ISSUE: The regulations for permitted uses are hidden in this section and are not in an apparent place for users. These regulations should be included in Chapter 1, General Provisions and deleted from this chapter. RELATED REGULATIONS AND POLICIES: PROPOSED REGULATIONS CHAPTER 12 -4: ZONING MAP AND ZONE DISTRICTS ESTABLISHED: I I 12 -4 -1: ZONING MAP: A. ADOPTED: The town is divided into districts as shown on the official zoning map of the town which, together with all explanatory material thereon, is adopted by reference and declared to be part of this: I title. I B. FILING: The official zoning map shall be filed in the office of the town clerk and shall be identified by! j the signature of the mayor, attested by the town clerk, and bear the seal of the town under the' following words: "This is to certify that this is the Official Zoning Map referred to in Section 12 -X -X of! 1 the Zoning Title, Town of Vail, Colorado, together with the date of the adoption of the ordinance I codified in the Zoning Title and the date of the most recent change in zone district boundaries shown: 1 thereon. " 1 C. CHANGES: No change shall be made in the zone district boundaries or other matter shown on the 1 official zoning map except by appropriate action of the town council in accord with Chapter 12-X of: this title. Any change adopted by the town council shall be entered on the official zoning map j promptly, together with an entry noting the date of the change and a brief description of the nature of the change, which entry shall be attested by the town clerk. The date of the most recent change. j shall at all times be indicated on any copies of the official zoning map subsequently reproduced. j j D. REPLACEMENT: In the event that the official zoning map becomes damaged, destroyed, lost, orj difficult to interpret or reproduce because of the nature or number of changes and additions, the: town council may, by resolution, adopt a new official zoning map, which shall supersede the priori official zoning map. The new official zoning map may correct drafting or other errors or omissions in: the prior map and may add or revise street locations, lot designations, or other like designations, but j no such correction or addition shall have the effect of amending the zoning ordinance or revising the j boundaries of districts shown on the prior official zoning map. , E. INTERPRETATION OF BOUNDARIES: Where uncertainty exists as to the boundaries of districts as j shown on the official zoning map, the following rules shall apply: I (1) Boundaries indicated as approximately following the centerline of streets or roads shall be construed: 1 to follow the centerline. 1 :(2) Boundaries indicated as approximately following plotted lot lines shall be construed as following the; lot lines. 1 :(3) Boundaries indicated as approximately following the town limits shall be construed as following the: town limits. : (4) Boundaries indicated as parallel to or extensions of centerlines, lot lines, town limits, or similar] geographic lines shall be so construed. 1(5) Distances not specifically indicated on the official zoning map shall be determined by the scale of the j map. ; 1(6) Where physical or cultural features existing on the ground are at variance with those shown on the 1 official zoning map or in circumstances not covered by subsections A through E of this section, the: town council shall interpret the zone district boundaries. 112-4-2: PROPERTY WITHOUT ZONE DISTRICT DESIGNATION: Any land, lot, or site within the town 1 municipal boundary which, according to the official zoning map, does not have a designated zone \n 4 -2 2/2/2010 \n district, shall be designated natural area preservation zone district. Newly annexed property will not be; so designated for a period of not more than ninety (90) days or any additional period of time agreed upon between the property owners of said property and the town for the imposition of zoning. ; I I 12 -4 -3: ZONE DISTRICTS DESIGNATED: The following zone districts are established: Hillside residential (HR) district Single- family residential (SFR) district Two - family residential (R) district Two- family primary/secondary residential (PS) district Residential cluster (RC) district Low density multiple- family (LDMF) district ; Medium density multiple- family (MDMF) district High density multiple- family (HDMF) district ; Housing (H) district Public accommodation (PA) district Public accommodation -2 (PA -2) district Commercial core 1 (CC 1) district Commercial core 2 (CC2) district Commercial core 3 (CC3) district . Commercial service center (CSC) district Arterial business (ABD) district ; Heavy service (HS) district ; Lionshead mixed use 1 (LMU -1) district Lionshead mixed use 2 (LMU -2) district Agricultural and open space (A) district Outdoor recreation (OR) district Natural area preservation (NAP) district Ski base /recreation (SBR) district Ski base /recreation 2 (SBR2) district Special development (SDD) district Parking (P) district ; LGeneral use (GU) district . .. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... _I \n 4 -3 2/2/2010 \n CHAPTER 5: OFFICIAL ZONING MAP SUMMARY: Chapter 12 -5, Official Zoning Map, provides detailed requirements for the adoption and filing of the official zoning map for the Town of Vail. GENERAL ISSUES: • This chapter is an extension of Chapter 4. It should be combined with Chapter 4, Districts as a new Chapter 4, Zoning Map and Zone Districts Established. ISSUE IDENTIFICATION AND RECOMMENDATIONS 12 -5 -1: ADOPTED: The town is divided into districts as shown on the official zoning map of the town which, together with all explanatory material thereon, is adopted by reference and declared to be part of this title. 12 -5 -2: FILING: The official zoning map shall be filed in the office of the town clerk and shall be identified by the signature of the mayor, attested by the town clerk, and bear the seal of the town under the following words: This is to certify that this is the Official Zoning Map referred to in Section 12 -5 -1 of the Zoning Title, Town of Vail, Colorado, together with the date of the adoption of the ordinance codified in the Zoning Title and the date of the most recent change in zone district boundaries shown thereon. 12 -5 -3: CHANGES: No change shall be made in the zone district boundaries or other matter shown on the official zoning map except by appropriate action of the town council in accord with sections 12- 3-1 through 12 -3 -7 of this title. Any change adopted by the town council shall be entered on the official zoning map promptly, together with an entry noting the date of the change and a brief description of the nature of the change, which entry shall be attested by the town clerk. The date of the most recent change shall at all times be indicated on any copies of the official zoning map subsequently reproduced. 12 -5 -4: REPLACEMENT: In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret or reproduce because of the nature or number of changes and additions, the town council may, by resolution, adopt a new official zoning map, which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior map and may add or revise street locations, lot designations, or other like designations, but no such correction or addition shall have the effect of amending the zoning ordinance or revising the boundaries of districts shown on the prior official zoning map. 12 -5 -5: INTERPRETATION OF BOUNDARIES: Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply: A. Boundaries indicated as approximately following the centerline of streets or roads shall be construed to follow the centerline. B. Boundaries indicated as approximately following plotted lot lines shall be construed as following the lot lines. C. Boundaries indicated as approximately following the town limits shall be construed as following the town limits. D. Boundaries indicated as parallel to or extensions of centerlines, lot lines, town limits, or similar geographic lines shall be so construed. E. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map. L 4 0 lf\, \n 5 -1 2/2/2010 \n F. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map or in circumstances not covered by subsections A through E of this section, the town council shall interpret the zone district boundaries. 12 -5 -6: PROPERTY WITHOUT ZONE DISTRICT DESIGNATION: Any land, lot, or site within the town municipal boundary which, according to the official zoning map, does not have a designated zone district, shall be designated natural area preservation zone district. Newly annexed property will not be so designated for a period of not more than ninety (90) days or any additional period of time agreed upon between the property owners of said property and the town for the imposition of zoning. RELATED REGULATIONS AND POLICIES: Chapter 12 -4, Districts Established PROPOSED REGULATIONS: • Incorporate Chapter 5 into Chapter 4. See Chapter 4 for proposed regulations. \n 5 -2 2/2/2010 \n CHAPTER 12 -6: RESIDENTIAL DISTRICTS SUMMARY: Chapter 12 -6: Residential Districts, provides detailed development standards for all of the residential zone districts within the Town, including Hillside Residential, Single Family Residential, Two - Family Residential, Two - Family Primary/Secondary Residential, Residential Cluster, Low Density Multiple Family, Medium Density Multiple Family, High Density Multiple Family and the Housing Districts. Development Standards typically included in each article are permitted uses, conditional uses, accessory uses, setbacks, height limitations, site coverage, lot area and dimensions, density control, landscaping, and parking. ARTICLE 12 -6A: HILLSIDE RESIDENTIAL (HR) DISTRICT GENERAL ISSUES: • The format of this article is not consistent with the rest of the zone district articles. Recommendation: This article needs to follow the common format, with all other relevant information relocated to more applicable locations. The format is as follows: • Section 1: Purpose • Section 2: Permitted Uses • Section 3: Conditional Uses • Section 4: Lot Area and Site Dimensions • Section 5: Minimum Setbacks • Section 6: Maximum Height • Section 7: Maximum Density • Section 8: Maximum Gross Residential Floor Area • Section 9: Maximum Site Coverage • Section 10: Minimum Landscaping • Section 11: Parking Requirements • Land uses are not standardized among the different zone districts. There are currently 291 unique land uses listed among the zone districts. Recommendation: A standard list of land uses needs to replace the lengthy list of land uses that exists today. See the appendix for existing and proposed land uses. • EHU regulations that are zone district specific are hidden in Chapter 13, Employee Housing Units, and thus, do not promote the creation of EHUs. Recommendation: Add proposed language to this article that details the EHU type, location, and incentives for landscaping and site coverage. EXISTING REGULATIONS, ISSUE IDENTIFICATION AND RECOMMENDATIONS: 12 -6A -1: PURPOSE: The hillside residential district is intended to provide sites for low density single - family residential uses, together with such public facilities as may be appropriately located in the same zone district. The hillside residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single- family occupancy, and to maintain the desirable low density high quality residential development of such sites by establishing appropriate site development standards. Issue: The purpose statement is not clear enough as to types of structures allowed in this district, and does not include any mention of sustainability. Recommendation: Amend the purpose statement to include the types of structures, as well as language related to sustainability. L 4 0 IF-\, \n 6 -1 2/2/2010 \n 12 -6A -2: PERMITTED USES: The following uses shall be permitted in the HR district: Employee housing units, as further regulated by chapter 13 of this title. Single- family residential dwellings. Issue: While employee housing units are listed as a permitted use, it is unclear what type of employee housing units are permitted. In this case, accessory employee housing units are permitted, as well as dwelling units that are also employee housing units. Recommendation: Amend employee housing units to specify the type of accessory units that are permitted. 12 -6A -3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12 -14 -18 of this title. Communications antennas and appurtenant equipment. Equestrian facilities located on five (5) acre minimum lot size area on property bordering public land. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12 -14 -12 of this title. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Issue: The references to Chapter 12 -14, Supplemental Regulations, after home child daycare facilities and bed and breakfasts will become invalid as those regulations are moved to Chapter 12 -16, Conditional Uses. Recommendation: Remove these references as Chapter 12 -16 is already referenced at the top of this Section. Issue: Bed and breakfasts are a conditional use in all districts that allow residential uses. The definition of bed and breakfast in Section 12 -2 -2, Vail Town Code, is as follows: "BED AND BREAKFAST: A business which accommodates guests in a dwelling unit in which the bed and breakfast proprietor lives on the premises and is in residence during the bed and breakfast use." Since 1990, only one bed and breakfast conditional use permit has been applied for, and the application was withdrawn prior to PEC review. Bed and breakfasts generate sales and lodging tax, and turn dwelling units into warm beds with increased occupancy. The existing use specific criteria for a conditional use permit for bed and breakfasts is found in Section 12- 14-18, Vail Town Code. Recommendation: Staff recommends that bed and breakfasts become permitted uses with use specific criteria. Should the use specific criteria not be met, the use would become a conditional use, subject to review by the PEC. The recommended use specific criteria differ from the regulatory criteria for a conditional use permit in number of bedrooms and on -site management. Staff recommends the number of bedrooms be increased from three to four with no square footage requirements to accommodate larger groups, such as families. Staff also recommends that the required owner on site be amended to the term manager, which will allow a non -owner to be the on -site employee. The recommended use specific criteria are as follows: 1. Bed and breakfasts shall have a manager that lives on site during operation of the bed and breakfast. 2. Bed and breakfast operations shall be limited to up to 4 bedrooms for guests. 3. Parking requirements shall be met on -site with one space for the manager plus one -half of a parking space per bedroom that is part of the bed and breakfast operation. 4. Trash shall be enclosed within the structure or within a wildlife resistant enclosure, per Section 5 -9 -2 of this Code. 5. Signage shall be limited to one residential nameplate, per Title 11, Sign Regulations. \n 6 -2 2/2/2010 \n 6. The applicant shall obtain written approval from the joint property owner or homeowners association, where applicable, in order to obtain a business license. 7. Bed and breakfasts shall not negatively impact adjacent properties. Should any significant negative impacts occur, such as traffic, noise, etc, to adjacent properties, those properties may appeal the Staff determination of compliance to the Vail Town Council. Issue: Communications antennas and appurtenant equipment are a conditional use in the HR, SFR, R, PS, RC, MDMF, HDMF, PA, CSC, ABD, HS, LMU -1, LMU -2, A, OR, SBR, SBR2 and P Districts. The use is permitted in the H, CC3, and GU Districts. The only specific regulations regarding communication antennas is as follows: "14- 10 -12: COMMUNICATIONS ANTENNAS AND APPURTENANT EQUIPMENT: Communications antennas and any associated appurtenant equipment should be integrated into existing principal buildings and structures. All antennas and appurtenant equipment shall be located and screened so as not to detract from the overall site design quality." This use account for ten of the 147 conditional use permits that were applied for since 1990. All of these CUPs were approved, with the following conditions as examples: • Plant additional landscaping. Any removal of landscaping shall be replaced. • The applicant is required to provide adequate provisions to screen the equipment. • Equipment shall not be located within the setbacks. • The applicant uses only non - combustible materials in the construction of the screen wall and ladder enclosure. • The applicant shall comply with outdoor lighting regulations. • The applicant shall remove any obsolete telecommunications equipment prior to requesting final Town of Vail construction inspection. • Approval of this conditional use permit is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. • Applicant must paint or repair all visible rusty elements on the tower. Recommendation: With the need for antennas to support growing cellular phone networks, Staff recommends that this use be a permitted use with use specific criteria that will be subject to review by the Design Review Board. The Design Review Board will be able to enact the same conditions that have been required by the Planning and Environmental Commission as part of CUPs. Note that this use has been changed to a permitted use in the Housing (H) District to accommodate the many antennas at Middle Creek. In those applications, the Design Review Board required numerous conditions regarding landscaping, screening and painting. Staff recommends that the following use specific criteria be applied to communications antennas as a permitted use: 1. Communications antennas and any associated appurtenant equipment should be integrated into existing principal buildings and structures. 2. All antennas and appurtenant equipment shall be located and screened so as not to detract from the overall site design quality. 3. Any trees that are removed to facilitate installation shall be replaced with the same number and overall height of trees. 4. Communications antennas shall not be located in setbacks. 5. Any obsolete communications antennas and appurtenant equipment shall be removed within thirty days of ceasing use. 6. The subject property shall comply with outdoor lighting regulations. 7. All communications antennas shall be painted to match the exterior materials of the structure or be enclosed with materials that match existing materials. 8. Any equipment on the ground shall be enclosed with fencing, walls or landscaping. L 4 0 1:4, \n 6 -3 2/2/2010 \n 9. Communications antennas and appurtenant equipment shall be considered an architectural projection in determination of height, which shall be permitted to exceed maximum height by 25 %, nor more than 15 feet, whichever is more restrictive. Issue: Equestrian facilities were listed as a conditional use within the Hillside Residential District because of an existing facility at the time the regulations were enacted. However, this use may not fit in with the district purpose. Recommendation: Remove equestrian facilities as a land use within this district. 12 -6A -4: ACCESSORY USES: The following accessory uses shall be permitted in the HR district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12 -14 -12 of this title. Private greenhouses, toolsheds, playhouses, garages or carports, swimming pools, patios, or recreational facilities customarily incidental to single- family uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. Issue: Accessory Uses are a permitted use by their nature and it is excessive to list out all accessory uses. Recommendation: Add accessory uses to permitted uses and clearly define accessory uses to include all listed items including home occupation permits. 12 -6A -5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be twenty one thousand seven hundred eighty (21, 780) square feet of contiguous buildable area. Each site shall have a minimum frontage of fifty feet (50). Each site shall be of a size and shape capable of enclosing a square eighty feet (80) on each side within its boundaries. 12 -6A -6: SETBACKS: In the HR district, minimum front setbacks shall be twenty feet (20), minimum side setbacks shall be fifteen feet (15), and minimum rear setbacks shall be fifteen feet (15). 12 -6A -7. HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed thirty feet (30). For a sloping roof, the height of buildings shall not exceed thirty three feet (33). 12 -6A -8: DENSITY CONTROL: A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted on each site. B. Gross Residential Floor Area: 1. The following gross residential floor area (GRFA) shall be permitted on each site: a. Not more than forty three (43) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10, 000) square feet of site area; plus b. Twenty five (25) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over ten thousand (10,000) square feet, not exceeding twenty two thousand (22, 000) square feet of site area; plus c. Seven (7) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of twenty two thousand (22, 000) square feet. 2. On any site containing two (2) dwelling units, one of the units shall not exceed one thousand two hundred (1,200) square feet of gross residential floor area (GRFA). This unit shall not be subdivided or sold separately from the main dwelling unit. This unit may be integrated into the main dwelling unit or may be integrated within a garage structure serving the main unit, but shall not be a separate freestanding structure. Issue: The second unit being referenced in Section 2 is an EHU, and these requirements are outlined in other locations. Recommendation: Clarify this section to explain EHU requirements. \n 6 -4 2/2/2010 \n Issue: This district does not allow more than one structure per development site, but those regulations are hidden within the design standards and not clearly outlined by density controls or allowable land uses. Recommendation: Within the density section, include language regarding number of structures on a site. 12 -6A -9: SITE COVERAGE: Site coverage shall not exceed fifteen percent (155 of the total site area. 12- 6A -10: LANDSCAPING AND SITE DEVELOPMENT: At least seventy percent (705 of each site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be ten feet (10) with a minimum area of not less than three hundred (300) square feet. Issue: The landscaping size requirements for 10' dimensions and minimum area discourage small planting areas because they do not count towards landscaping. Recommendation: Delete the size requirements for landscaping. 12- 6A -11: PARKING: Off street parking shall be provided in accordance with chapter 10 of this title. RELATED REGULATIONS AND POLICIES: Chapter 12 -2, Definitions Chapter 12 -3, Administration Chapter 12 -10, Parking Chapter 12 -16, Conditional Uses PROPOSED REGULATIONS: 12 -6A -1: PURPOSE: The hillside residential district is intended to provide sites for low density single- family residential uses with an optional accessory employee housing unit, together with such public, j facilities as may be appropriately located in the same zone district. The hillside residential district is' . rntended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with j single- family occupancy, and to maintain the desirable low density high quality residential j development of such sites by establishing appropriate site development standards. I I 12 -6A -2: PERMITTED USES: Accessory employee housing unit Accessory Uses, Residential Bed and breakfasts, as further regulated by Section 12 -X -X j Communications antennas and appurtenant equipment, as further regulated by Section 12 -X -X j Dwelling, single- family j Employee housing units j 112-6A-3: CONDITIONAL USES: j Any permitted use that does not meet use specific criteria, as determined by the Administrator ; Funiculars Home child daycare facilities Institutional Uses Public park and recreation facilities Public utility and public service uses 12 -6A -4: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be twenty one ,thousand seven hundred eighty (21, 780) square feet of contiguous buildable area. Each site shall j \n 6 -5 2/2/2010 \n have a minimum frontage of fifty feet (50). Each site shall be of a size and shape capable of: enclosing a square eighty feet (80) on each side within its boundaries. 1 12-6A-5: MINIMUM SETBACKS: j A. front: twenty feet (20) j B. side: fifteen feet (15) ; C. rear fifteen feet (15) 1 112-6A-6: MAXIMUM BUILDING HEIGHT. : A. flat roof or mansard roof. thirty feet (30) : B. sloping roof. thirty three feet (33) � 1 12-6A-7. - MAXIMUM DENSITY: Maximum of one structure per lot, unless otherwise permitted by! j Section (reference Separation Request). Maximum of one dwelling unit and one accessory employee j . housing unit per lot. 12 -6A -8: MAXIMUM GROSS RESIDENTIAL FLOOR AREA: j A. Not more than forty three (43) square feet of gross residential floor area (GRFA) for each one j hundred (100) square feet of the first ten thousand (10, 000) square feet of site area; plus ; B. Twenty five (25) square feet of gross residential floor area (GRFA) for each one hundred (100) 1 : square feet of site area over ten thousand (10, 000) square feet, not exceeding twenty two: thousand (22, 000) square feet of site area; plus j C. Seven (7) square feet of gross residential floor area (GRFA) for each one hundred (100) square: feet of site area in excess of twenty two thousand (22, 000) square feet; plus , j D. Five hundred fifty (550) square feet of GRFA if the site has an accessory employee housing unit, j or the square footage of the accessory employee housing unit, whichever is less. ; I I 12 -6A -9: MAXIMUM SITE COVERAGE: fifteen percent (155 of the total site area, or twenty percent; 1(205 of the total site area for sites with an accessory employee housing units. 1 112- 6A -10: MINIMUM LANDSCAPING: seventy percent (705 of the total site area, or sixty fivel i percent (655 of the total site area for sites with an accessory employee housing units. i 12-6A- 11: . Off street parking shall be provided in accordance with chapter . 10 of this . title. \n 6 -6 2/2/2010 \n ARTICLE 12 -613: SINGLE - FAMILY RESIDENTIAL (SFR) DISTRICT GENERAL ISSUES: • The format of this article is not consistent with the rest of the zone district articles. Recommendation: This article needs to follow the common format, with all other relevant information relocated to more applicable locations. The format is as follows: ■ Section 1: Purpose ■ Section 2: Permitted Uses ■ Section 3: Conditional Uses ■ Section 4: Lot Area and Site Dimensions ■ Section 5: Minimum Setbacks ■ Section 6: Maximum Height ■ Section 7: Maximum Density ■ Section 8: Maximum Gross Residential Floor Area ■ Section 9: Maximum Site Coverage ■ Section 10: Minimum Landscaping ■ Section 11: Parking Requirements • Land uses are not standardized among the different zone districts. There are currently 291 unique land uses listed among the zone districts. Recommendation: A standard list of land uses needs to replace the lengthy list of land uses that exists today. See the appendix for existing and proposed land uses. • EHU regulations that are zone district specific are hidden in Chapter 13, Employee Housing Units, and thus, do not promote the creation of EHUs. Recommendation: Add proposed language to this article that details the EHU type, location, and incentives for landscaping and site coverage. EXISTING REGULATIONS, ISSUE IDENTIFICATION AND RECOMMENDATIONS: 12 -6B -1: PURPOSE: The single- family residential district is intended to provide sites for low density single- family residential uses, together with such public facilities as may be appropriately located in the same zone district. The single- family residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single- family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Issue: The purpose statement is not clear enough as to types of structures allowed in this district, and does not include any mention of sustainability. Recommendation: Amend the purpose statement to include the types of structures, as well as language related to sustainability. 12 -6B -2: PERMITTED USES: The following uses shall be permitted in the SFR district: Employee housing units, as further regulated by chapter 13 of this title. Single- family residential dwellings. Issue: While employee housing units are listed as a permitted use, it is unclear what type of employee housing units are permitted. In this case, accessory employee housing units are permitted, as well as dwelling units that are also employee housing units. Recommendation: Amend employee housing units to specify the type of accessory units that are permitted. 12 -6B -3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12 -14 -18 of this title. \n 6 -7 2/2/2010 \n Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12 -14 -12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Issue: The references to Chapter 12 -14, Supplemental Regulations, after home child daycare facilities and bed and breakfasts will become invalid as those regulations are moved to Chapter 12 -16, Conditional Uses. Recommendation: Remove these references as Chapter 12 -16 is already referenced at the top of this Section Issue: Bed and breakfasts are a conditional use in all districts that allow residential uses. The definition of bed and breakfast in Section 12 -2 -2, Vail Town Code, is as follows: "BED AND BREAKFAST: A business which accommodates guests in a dwelling unit in which the bed and breakfast proprietor lives on the premises and is in residence during the bed and breakfast use." Since 1990, only one bed and breakfast conditional use permit has been applied for, and the application was withdrawn prior to PEC review. Bed and breakfasts generate sales and lodging tax, and turn dwelling units into warm beds with increased occupancy. The existing use specific criteria for a conditional use permit for bed and breakfasts is found in Section 12- 14-18, Vail Town Code. Recommendation: Staff recommends that bed and breakfasts become permitted uses with use specific criteria. Should the use specific criteria not be met, the use would become a conditional use, subject to review by the PEC. The recommended use specific criteria differ from the regulatory criteria in number of bedrooms and on -site management. Staff recommends the number of bedrooms be increased from three to four with no square footage requirements to accommodate larger groups, such as families. Staff also recommends that the required owner on site be amended to the term manager, which will allow a non -owner to be the on -site employee. The recommended use specific criteria are as follows: 1. Bed and breakfasts shall have a manager that lives on site during operation of the bed and breakfast. 2. Bed and breakfast operations shall be limited to up to 4 bedrooms for guests. 3. Parking requirements shall be met on -site with one space for the manager plus one -half of a parking space per bedroom that is part of the bed and breakfast operation. 4. Trash shall be enclosed within the structure or within a wildlife resistant enclosure, per Section 5 -9 -2 of this Code. 5. Signage shall be limited to one residential nameplate, per Title 11, Sign Regulations. 6. The applicant shall obtain written approval from the joint property owner or homeowners association, where applicable, in order to obtain a business license. 7. Bed and breakfasts shall not negatively impact adjacent properties. Should any significant negative impacts occur, such as traffic, noise, etc, to adjacent properties, those properties may appeal the Staff determination of compliance to the Vail Town Council. Issue: Communications antennas and appurtenant equipment are a conditional use in the HR, SFR, R, PS, RC, MDMF, HDMF, PA, CSC, ABD, HS, LMU -1, LMU -2, A, OR, SBR, SBR2 and P Districts. The use is permitted in the H, CC3, and GU Districts. The only specific regulations regarding communication antennas is as follows: "14- 10 -12: COMMUNICATIONS ANTENNAS AND APPURTENANT EQUIPMENT: Communications antennas and any associated appurtenant equipment should be integrated into existing principal buildings and structures. L 4 0 00\, \n 6 -8 2/2/2010 \n All antennas and appurtenant equipment shall be located and screened so as not to detract from the overall site design quality." This use account for ten of the 147 conditional use permits that were applied for since 1990. All of these CUPs were approved, with the following conditions as examples: • Plant additional landscaping. Any removal of landscaping shall be replaced. • The applicant is required to provide adequate provisions to screen the equipment. • Equipment shall not be located within the setbacks. • The applicant uses only non - combustible materials in the construction of the screen wall and ladder enclosure. • The applicant shall comply with outdoor lighting regulations. • The applicant shall remove any obsolete telecommunications equipment prior to requesting final Town of Vail construction inspection. • Approval of this conditional use permit is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. • Applicant must paint or repair all visable rusty elements on the tower. Recommendation: With the need for antennas to support growing cellular phone networks, Staff recommends that this use be a permitted use with use specific criteria that will be subject to review by the Design Review Board. The Design Review Board will be able to enact the same conditions that have been required by the Planning and Environmental Commission as part of CUPs. Note that this use has been changed to a permitted use in the Housing (H) District to accommodate the many antennas at Middle Creek. In those applications, the Design Review Board required numerous conditions regarding landscaping, screening and painting. Staff recommends that the following use specific criteria be applied to communications antennas as a permitted use: 1. Communications antennas and any associated appurtenant equipment should be integrated into existing principal buildings and structures. 2. All antennas and appurtenant equipment shall be located and screened so as not to detract from the overall site design quality. 3. Any trees that are removed to facilitate installation shall be replaced with the same number and overall height of trees. 4. Communications antennas shall not be located in setbacks. 5. Any obsolete communications antennas and appurtenant equipment shall be removed within thirty days of ceasing use. 6. The subject property shall comply with outdoor lighting regulations. 7. All communications antennas shall be painted to match the exterior materials of the structure or be enclosed with materials that match existing materials. 8. Any equipment on the ground shall be enclosed with fencing, walls or landscaping. 9. Communications antennas and appurtenant equipment shall be considered an architectural projection in determination of height, which shall be permitted to exceed maximum height by 25 %, nor more than 15 feet, whichever is more restrictive. Issue: Dog kennels may be an outdated use within this zone district. Recommendation: Delete dog kennels as a land use within this zone district. 12 -68 -4: ACCESSORY USES: The following accessory uses shall be permitted in the SFR district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12 -14 -12 of this title. Private greenhouses, toolsheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single- family uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. \n 6 -9 2/2/2010 \n Issue: Accessory Uses are a permitted use by their nature and it is excessive to list out all accessory uses. Recommendation: Add accessory uses to permitted uses and clearly define accessory uses to include all listed items including home occupation permits. 12 -6B -5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be twelve thousand five hundred (12,500) square feet of buildable area. Each site shall have a minimum frontage of thirty feet (30). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80) on each side within its boundaries. 12 -6B -6: SETBACKS: In the SFR district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be fifteen feet (15), and the minimum rear setback shall be fifteen feet (15). 12 -6B -7. HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed thirty feet (30). For a sloping roof, the height of buildings shall not exceed thirty three feet (33). 12 -6B -8: DENSITY CONTROL: A. Dwelling Units: Not more than one dwelling unit shall be permitted on each site. B. Gross Residential Floor Area: 1. The following gross residential floor area (GRFA) shall be permitted on each site: a. Not more than forty (40) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10, 000) square feet of site area; plus b. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of ten thousand (10, 000) square feet. 2. No single- family residential lot except those located entirely in the red hazard avalanche zone or the floodplain shall be so restricted that it cannot be occupied by one single - family dwelling. Issue: Subsection 2 includes regulations that are rarely applicable and confusing. Recommendation: This information should be moved to the Hazard Regulations. 12 -6B -9: SITE COVERAGE: Site coverage shall not exceed twenty percent (205 of the total site area. 12- 6B -10: LANDSCAPING AND SITE DEVELOPMENT: At least sixty percent (605 of each site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be ten feet (10), with a minimum area of not less than three hundred (300) square feet. Issue: The landscaping size requirements for 10' dimensions and minimum area discourage small planting areas because they do not count towards landscaping. Recommendation: Delete the size requirements for landscaping. 12- 6B -11: PARKING: Off street parking shall be provided in accordance with chapter 10 of this title. RELATED REGULATIONS AND POLICIES: Chapter 12 -2, Definitions Chapter 12 -3, Administration Chapter 12 -10, Parking Chapter 12 -16, Conditional Uses PROPOSED REGULATIONS: 12 -6B -1: PURPOSE: The single- family residential district is intended to provide sites for low density single- family residential uses with an optional accessory employee housing unit, together with such \n 6 -10 2/2/2010 \n public facilities as may be appropriately located in the same zone district. The single- family residential: district is intended to ensure adequate light, air, privacy and open space for each dwelling, j commensurate with single- family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 12 -6B -2: PERMITTED USES: 1 Accessory employee housing unit j Accessory Uses, Residential ; Bed and breakfasts, as further regulated by Section 12 -X -X Communications antennas and appurtenant equipment, as further regulated by Section 12 -X -X Dwelling, single- family 1 Employee housing units : 12 -6B -3: CONDITIONAL USES: j . Any permitted use that does not meet use specific criteria, as determined by the Administrator j Funiculars j Home child daycare facilities ; Institutional Uses 1 Public park and recreation facilities ; Public utility and public service uses 1 12 -6B -4: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be twelve thousand 1 five hundred (12,500) square feet of buildable area. Each site shall have a minimum frontage of thirty feet (30). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80), j on each side within its boundaries. j 1 12-6B-5: MINIMUM SETBACKS: j A. front: twenty feet (20) ; B. side: fifteen feet (15) 1 C. rear fifteen feet (15) I I 12 -6B -6: MAXIMUM BUILDING HEIGHT. A. flat roof or mansard roof. thirty feet (30) � j B. sloping roof. thirty three feet (33) j j 12 -6B -7. MAXIMUM DENSITY. Not more than one structure per lot, unless otherwise permitted byj Section (reference Separation Request). Not more than one dwelling unit and one employee housing: 1 unit shall be permitted on each site. 1 112-6B-8: MAXIMUM GROSS RESIDENTIAL FLOOR AREA: A. Not more than forty (40) square feet of gross residential floor area (GRFA) for each one hundred: (100) square feet of the First ten thousand (10, 000) square feet of site area; plus B. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of ten thousand (10, 000) square feet. j C. Five hundred fifty (550) square feet of GRFA if the site has an accessory employee housing unit, or the square footage of the accessory employee housing unit, whichever is less. 12 -6B -9: MAXIMUM SITE COVERAGE: twenty percent (205 of the total site area, or twenty five 1 percent (255 of the total site area for sites with any employee housing units. 1 12- 6B -10: MINIMUM LANDSCAPING: sixty percent (605 of the total site area, or fifty five percent) i (555 , o) of the total site area for sites with any employee housing units. i \n 6-11 2/2/2010 \n ■---------------------------------------------------------------- 12- 6B -11 : PARKING: Off street parking . shall be provided in accordance with chapter 10 of this title. - - L 4 —2 —26- \n 6 -12 2/2/2010 \n ARTICLE 12 -6C: TWO- FAMILY RESIDENTIAL (R) DISTRICT GENERAL ISSUES: • The format of this article is not consistent with the rest of the zone district articles. Recommendation: This article needs to follow the common format, with all other relevant information relocated to more applicable locations. The format is as follows: ■ Section 1: Purpose ■ Section 2: Permitted Uses ■ Section 3: Conditional Uses ■ Section 4: Lot Area and Site Dimensions ■ Section 5: Minimum Setbacks ■ Section 6: Maximum Height ■ Section 7: Maximum Density ■ Section 8: Maximum Gross Residential Floor Area ■ Section 9: Maximum Site Coverage ■ Section 10: Minimum Landscaping ■ Section 11: Parking Requirements • Land uses are not standardized among the different zone districts. There are currently 291 unique land uses listed among the zone districts. Recommendation: A standard list of land uses needs to replace the lengthy list of land uses that exists today. See the appendix for existing and proposed land uses. • EHU regulations that are zone district specific are hidden in Chapter 13, Employee Housing Units, and thus, do not promote the creation of EHUs. Recommendation: Add proposed language to this article that details the EHU type, location, and incentives for landscaping and site coverage. EXISTING REGULATIONS, ISSUE IDENTIFICATION AND RECOMMENDATIONS: 12 -6C -1: PURPOSE: The two - family residential district is intended to provide sites for low density single- family or two- family residential uses, together with such public facilities as may be appropriately located in the same zone district. The two - family residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single- family and two - family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Issue: The purpose statement is not clear enough as to types of structures allowed in this district, and does not include any mention of sustainability. Recommendation: Amend the purpose statement to include the types of structures, as well as language related to sustainability. 12 -6C -2: PERMITTED USES: Employee housing units, as further regulated by chapter 13 of this title Single- family residential dwellings Two - family residential dwellings Issue: While employee housing units are listed as a permitted use, it is unclear what type of employee housing units are permitted. In this case, accessory employee housing units are permitted, as well as dwelling units that are also employee housing units. Recommendation: Amend employee housing units to specify the type of accessory units that are permitted. 12 -6C -3: CONDITIONAL USES: Bed and breakfasts as further regulated by section 12 -14 -18 of this title. \n 6 -13 2/2/2010 \n Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12 -14 -12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Issue: The references to Chapter 12 -14, Supplemental Regulations, after home child daycare facilities and bed and breakfasts will become invalid as those regulations are moved to Chapter 12 -16, Conditional Uses. Recommendation: Remove these references as Chapter 12 -16 is already referenced at the top of this Section. Issue: Bed and breakfasts are a conditional use in all districts that allow residential uses. The definition of bed and breakfast in Section 12 -2 -2, Vail Town Code, is as follows: "BED AND BREAKFAST: A business which accommodates guests in a dwelling unit in which the bed and breakfast proprietor lives on the premises and is in residence during the bed and breakfast use." Since 1990, only one bed and breakfast conditional use permit has been applied for, and the application was withdrawn prior to PEC review. Bed and breakfasts generate sales and lodging tax, and turn dwelling units into warm beds with increased occupancy. The existing use specific criteria for a conditional use permit for bed and breakfasts is found in Section 12- 14-18, Vail Town Code. Recommendation: Staff recommends that bed and breakfasts become permitted uses with use specific criteria. Should the use specific criteria not be met, the use would become a conditional use, subject to review by the PEC. The recommended use specific criteria differ from the regulatory criteria in number of bedrooms and on -site management. Staff recommends the number of bedrooms be increased from three to four with no square footage requirements to accommodate larger groups, such as families. Staff also recommends that the required owner on site be amended to the term manager, which will allow a non -owner to be the on -site employee. The recommended use specific criteria are as follows: 1. Bed and breakfasts shall have a manager that lives on site during operation of the bed and breakfast. 2. Bed and breakfast operations shall be limited to up to 4 bedrooms for guests. 3. Parking requirements shall be met on -site with one space for the manager plus one -half of a parking space per bedroom that is part of the bed and breakfast operation. 4. Trash shall be enclosed within the structure or within a wildlife resistant enclosure, per Section 5 -9 -2 of this Code. 5. Signage shall be limited to one residential nameplate, per Title 11, Sign Regulations. 6. The applicant shall obtain written approval from the joint property owner or homeowners association, where applicable, in order to obtain a business license. 7. Bed and breakfasts shall not negatively impact adjacent properties. Should any significant negative impacts occur, such as traffic, noise, etc, to adjacent properties, those properties may appeal the Staff determination of compliance to the Vail Town Council. Issue: Communications antennas and appurtenant equipment are a conditional use in the HR, SFR, R, PS, RC, MDMF, HDMF, PA, CSC, ABD, HS, LMU -1, LMU -2, A, OR, SBR, SBR2 and P Districts. The use is permitted in the H, CC3, and GU Districts. The only specific regulations regarding communication antennas is as follows: "14- 10 -12: COMMUNICATIONS ANTENNAS AND APPURTENANT EQUIPMENT: Communications antennas and any associated appurtenant equipment should be integrated into existing principal buildings and structures. L 4 0 OW, \n 6 -14 2/2/2010 \n All antennas and appurtenant equipment shall be located and screened so as not to detract from the overall site design quality." This use account for ten of the 147 conditional use permits that were applied for since 1990. All of these CUPs were approved, with the following conditions as examples: • Plant additional landscaping. Any removal of landscaping shall be replaced. • The applicant is required to provide adequate provisions to screen the equipment. • Equipment shall not be located within the setbacks. • The applicant uses only non - combustible materials in the construction of the screen wall and ladder enclosure. • The applicant shall comply with outdoor lighting regulations. • The applicant shall remove any obsolete telecommunications equipment prior to requesting final Town of Vail construction inspection. • Approval of this conditional use permit is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. • Applicant must paint or repair all visable rusty elements on the tower. Recommendation: With the need for antennas to support growing cellular phone networks, Staff recommends that this use be a permitted use with use specific criteria that will be subject to review by the Design Review Board. The Design Review Board will be able to enact the same conditions that have been required by the Planning and Environmental Commission as part of CUPs. Note that this use has been changed to a permitted use in the Housing (H) District to accommodate the many antennas at Middle Creek. In those applications, the Design Review Board required numerous conditions regarding landscaping, screening and painting. Staff recommends that the following use specific criteria be applied to communications antennas as a permitted use: 1. Communications antennas and any associated appurtenant equipment should be integrated into existing principal buildings and structures. 2. All antennas and appurtenant equipment shall be located and screened so as not to detract from the overall site design quality. 3. Any trees that are removed to facilitate installation shall be replaced with the same number and overall height of trees. 4. Communications antennas shall not be located in setbacks. 5. Any obsolete communications antennas and appurtenant equipment shall be removed within thirty days of ceasing use. 6. The subject property shall comply with outdoor lighting regulations. 7. All communications antennas shall be painted to match the exterior materials of the structure or be enclosed with materials that match existing materials. 8. Any equipment on the ground shall be enclosed with fencing, walls or landscaping. 9. Communications antennas and appurtenant equipment shall be considered an architectural projection in determination of height, which shall be permitted to exceed maximum height by 25 %, nor more than 15 feet, whichever is more restrictive. Issue: Dog kennels may be an outdated use within this zone district. Recommendation: Delete dog kennels as a land use within this zone district. 12 -6C -4: ACCESSORY USES: The following accessory uses shall be permitted in the R district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12 -14 -12 of this title. Private greenhouses, toolsheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single- family and two- family residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. \n 6 -15 2/2/2010 \n Issue: Accessory Uses are a permitted use by their nature and it is excessive to list out all accessory uses. Recommendation: Add accessory uses to permitted uses and clearly define accessory uses to include all listed items including home occupation permits. 12 -6C -5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be fifteen thousand (15,000) square feet of buildable site area. Each site shall have a minimum frontage of thirty feet (30). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80) on each side within its boundaries. 12 -6C -6: SETBACKS: In the R district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be fifteen feet (15), and the minimum rear setback shall be fifteen feet (15). 12 -6C -7: HEIGHT. For a flat roof or mansard roof, the height of buildings shall not exceed thirty feet (30). For a sloping roof, the height of buildings shall not exceed thirty three feet (33). 12 -6C -8: DENSITY CONTROL: A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted on each site with only one dwelling unit permitted on existing lots less than fourteen thousand (14, 000) square feet. B. Gross Residential Floor Area: 1. The following gross residential floor area (GRFA) shall be permitted on each site: a. Not more than forty six (46) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10, 000) square feet of site area; plus b. Thirty eight (38) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over ten thousand (10, 000) square feet, not exceeding fifteen thousand (15, 000) square feet of site area; plus c. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over fifteen thousand (15, 000) square feet, not exceeding thirty thousand (30, 000) square feet of site area; plus d. Six (6) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of thirty thousand (30, 000) square feet. C. Employee Housing Units: Notwithstanding the provision of subsections A and B of this section, a type I employee housing unit shall be permitted on lots of less than fourteen thousand (14,000) square feet in accordance with the provisions of chapter 13 of this title. Any type I employee housing unit existing on or before April 18, 2000, shall not be eliminated unless all dwelling units are demolished, in which case the zoning on the property shall apply. However, an existing type I employee housing unit may be replaced with a type II employee housing unit on lots of fourteen thousand (14, 000) square feet or greater. 12 -6C -9: SITE COVERAGE: Site coverage shall not exceed twenty percent (205 of the total site area. 12- 6C -10: LANDSCAPING AND SITE DEVELOPMENT: At least sixty percent (605 of each site shall be landscaped. The minimum of any area qualifying as landscaping shall be ten feet (10) (width and length) with a minimum area not less than three hundred (300) square feet. Issue: The landscaping size requirements for 10' dimensions and minimum area discourage small planting areas because they do not count towards landscaping. Recommendation: Delete the size requirements for landscaping. 12- 6C -11: PARKING: Off street parking shall be provided in accordance with chapter 10 of this title. \n 6 -16 2/2/2010 \n RELATED REGULATIONS AND POLICIES: Chapter 12 -2, Definitions Chapter 12 -3, Administration Chapter 12 -10, Parking Chapter 12 -16, Conditional Uses PR_OPO_SED_REG_ULATIO_NS: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 12 -6C -1: PURPOSE: The two - family residential district is intended to provide sites for low density! single- family or two - family residential uses with an optional accessory employee housing unit, together with such public facilities as may be appropriately located in the same zone district. The two- family residential district is intended to ensure adequate light, air, privacy and open space for each' . dwelling, commensurate with single- family and two- family occupancy, and to maintain the desirable. j residential qualities of such sites by establishing appropriate site development standards. j 112-6C-2: PERMITTED USES: 1 Accessory Employee Housing Unit ; Accessory Uses, Residential Bed and breakfasts, as further regulated by Section 12 -X -X Communications antennas and appurtenant equipment, as further regulated by Section 12 -X -X j Dwelling, single- family j Dwelling, two- family , j Employee housing units j 112-6C-3: CONDITIONAL USES: j Any permitted use that does not meet use specific criteria, as determined by the Administrator ; Funiculars Home child daycare facilities ; Home occupations Institutional Uses Public utility and public service uses j Ski lifts and tows j j 12 -6C -4: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be fifteen thousand] (15,000) square feet of buildable site area. Each site shall have a minimum frontage of thirty feet (30).: Each site shall be of a size and shape capable of enclosing a square area eighty feet (80) on each 1 side within its boundaries. ' I I 12 -6C -5: SETBACKS: A. front: twenty feet (20) ' B. side: fifteen feet (15) ' C. rear fifteen feet (15) 12 -6C -6: MAXIMUM BUILDING HEIGHT: j A. flat roof or mansard roof. thirty feet (30) j B. sloping roof thirty three feet (33) ; I I 12 -6C -7: MAXIMUM DENSITY. Not more than one structure per lot, unless otherwise permitted by; Section (reference Separation Request). On lots less than fourteen thousand (14, 000) square feet in total lot size, not more than one (1) dwelling unit and one accessory employee housing unit. On lots equal to or greater than fourteen thousand (14, 000) square feet in total lot size, not more than two (2) j dwelling units and one (1) accessory employee housing unit. j \n 6 -17 2/2/2010 \n -- -------------------------------------------------- 12 -6C -8: MAXIMUM GROSS RESIDENTIAL FLOOR AREA: A. Not more than forty six (46) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10, 000) square feet of site area; plus B. Thirty eight (38) square feet of gross residential floor area (GRFA) for each one hundred (100) ; square feet of site area over ten thousand (10,000) square feet, not exceeding fifteen thousandl (15, 000) square feet of site area; plus ; C. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) 1 square feet of site area over fifteen thousand (15,000) square feet, not exceeding thirty thousand: (30, 000) square feet of site area; plus - D. Six (6) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet: of site area in excess of thirty thousand (30, 000) square feet; plus E. Five hundred fifty (550) square feet of GRFA if the site has an accessory employee housing unit, or the square footage of the accessory employee housing unit, whichever is less. 12 -6C -9: MAXIMUM SITE COVERAGE: twenty percent (205 of the total site area, or twenty five: I percent (255 of the total site area for sites with any employee housing units. 12- 6C -10: MINIMUM LANDSCAPING: sixty percent (605 of the total site area, or fifty five percent) i (555 , o) of the total site area for sites with any employee housing units. i 12 -6G 11: PARKING: Off street parking shall be provided in accordance with chapter 10 of this title. - \n 6 -18 2/2/2010 \n ARTICLE 12 -6D: TWO- FAMILY PRIMARYISECONDARY RESIDENTIAL (PS) DISTRICT GENERAL ISSUES: • The format of this article is not consistent with the rest of the zone district articles. Recommendation: This article needs to follow the common format, with all other relevant information relocated to more applicable locations. The format is as follows: ■ Section 1: Purpose ■ Section 2: Permitted Uses ■ Section 3: Conditional Uses ■ Section 4: Lot Area and Site Dimensions ■ Section 5: Minimum Setbacks ■ Section 6: Maximum Height ■ Section 7: Maximum Density ■ Section 8: Maximum Gross Residential Floor Area ■ Section 9: Maximum Site Coverage ■ Section 10: Minimum Landscaping ■ Section 11: Parking Requirements • Land uses are not standardized among the different zone districts. There are currently 291 unique land uses listed among the zone districts. Recommendation: A standard list of land uses needs to replace the lengthy list of land uses that exists today. See the appendix for existing and proposed land uses. • EHU regulations that are zone district specific are hidden in Chapter 13, Employee Housing Units, and thus, do not promote the creation of EHUs. Recommendation: Add proposed language to this article that details the EHU type, location, and incentives for landscaping and site coverage. EXISTING REGULATIONS AND ISSUE IDENTIFICATION: 12 -6D -1: PURPOSE: The two - family primary/secondary residential district is intended to provide sites for single- family residential uses or two - family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same zone district. The two - family primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single- family and two- family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Issue: The purpose statement is not clear enough as to types of structures allowed in this district, and does not include any mention of sustainability. Recommendation: Amend the purpose statement to include the types of structures, as well as language related to sustainability. 12 -6D -2: PERMITTED USES: The following uses shall be permitted: Employee housing units, as further regulated by chapter 13 of this title. Single- family residential dwellings. Two - family residential dwellings. Issue: While employee housing units are listed as a permitted use, it is unclear what type of employee housing units are permitted. In this case, accessory employee housing units are permitted, as well as dwelling units that are also employee housing units. Recommendation: Amend employee housing units to specify the type of accessory units that are permitted. \n 6 -19 2/2/2010 \n 12 -6D -3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12 -14 -18 of this title. Communications antennas and appurtenant equipment. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12 -14 -12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Issue: The references to Chapter 12 -14, Supplemental Regulations, after home child daycare facilities and bed and breakfasts will become invalid as those regulations are moved to Chapter 12 -16, Conditional Uses. Recommendation: Remove these references as Chapter 12 -16 is already referenced at the top of this Section. Issue: Bed and breakfasts are a conditional use in all districts that allow residential uses. The definition of bed and breakfast in Section 12 -2 -2, Vail Town Code, is as follows: "BED AND BREAKFAST: A business which accommodates guests in a dwelling unit in which the bed and breakfast proprietor lives on the premises and is in residence during the bed and breakfast use." Since 1990, only one bed and breakfast conditional use permit has been applied for, and the application was withdrawn prior to PEC review. Bed and breakfasts generate sales and lodging tax, and turn dwelling units into warm beds with increased occupancy. The existing use specific criteria for a conditional use permit for bed and breakfasts is found in Section 12- 14-18, Vail Town Code. Recommendation: Staff recommends that bed and breakfasts become permitted uses with use specific criteria. Should the use specific criteria not be met, the use would become a conditional use, subject to review by the PEC. The recommended use specific criteria differ from the regulatory criteria in number of bedrooms and on -site management. Staff recommends the number of bedrooms be increased from three to four with no square footage requirements to accommodate larger groups, such as families. Staff also recommends that the required owner on site be amended to the term manager, which will allow a non -owner to be the on -site employee. The recommended use specific criteria are as follows: 1. Bed and breakfasts shall have a manager that lives on site during operation of the bed and breakfast. 2. Bed and breakfast operations shall be limited to up to 4 bedrooms for guests. 3. Parking requirements shall be met on -site with one space for the manager plus one -half of a parking space per bedroom that is part of the bed and breakfast operation. 4. Trash shall be enclosed within the structure or within a wildlife resistant enclosure, per Section 5 -9 -2 of this Code. 5. Signage shall be limited to one residential nameplate, per Title 11, Sign Regulations. 6. The applicant shall obtain written approval from the joint property owner or homeowners association, where applicable, in order to obtain a business license. 7. Bed and breakfasts shall not negatively impact adjacent properties. Should any significant negative impacts occur, such as traffic, noise, etc, to adjacent properties, those properties may appeal the Staff determination of compliance to the Vail Town Council. Issue: Communications antennas and appurtenant equipment are a conditional use in the HR, SFR, R, PS, RC, MDMF, HDMF, PA, CSC, ABD, HS, LMU -1, LMU -2, A, OR, SBR, SBR2 and P Districts. The use is permitted in the H, CC3, and GU Districts. The only specific regulations \n 6 -20 2/2/2010 \n regarding communication antennas is as follows: "14- 10 -12: COMMUNICATIONS ANTENNAS AND APPURTENANT EQUIPMENT: Communications antennas and any associated appurtenant equipment should be integrated into existing principal buildings and structures. All antennas and appurtenant equipment shall be located and screened so as not to detract from the overall site design quality." This use account for ten of the 147 conditional use permits that were applied for since 1990. All of these CUPs were approved, with the following conditions as examples: • Plant additional landscaping. Any removal of landscaping shall be replaced. • The applicant is required to provide adequate provisions to screen the equipment. • Equipment shall not be located within the setbacks. • The applicant uses only non - combustible materials in the construction of the screen wall and ladder enclosure. • The applicant shall comply with outdoor lighting regulations. • The applicant shall remove any obsolete telecommunications equipment prior to requesting final Town of Vail construction inspection. • Approval of this conditional use permit is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. • Applicant must paint or repair all visable rusty elements on the tower. Recommendation: With the need for antennas to support growing cellular phone networks, Staff recommends that this use be a permitted use with use specific criteria that will be subject to review by the Design Review Board. The Design Review Board will be able to enact the same conditions that have been required by the Planning and Environmental Commission as part of CUPs. Note that this use has been changed to a permitted use in the Housing (H) District to accommodate the many antennas at Middle Creek. In those applications, the Design Review Board required numerous conditions regarding landscaping, screening and painting. Staff recommends that the following use specific criteria be applied to communications antennas as a permitted use: 1. Communications antennas and any associated appurtenant equipment should be integrated into existing principal buildings and structures. 2. All antennas and appurtenant equipment shall be located and screened so as not to detract from the overall site design quality. 3. Any trees that are removed to facilitate installation shall be replaced with the same number and overall height of trees. 4. Communications antennas shall not be located in setbacks. 5. Any obsolete communications antennas and appurtenant equipment shall be removed within thirty days of ceasing use. 6. The subject property shall comply with outdoor lighting regulations. 7. All communications antennas shall be painted to match the exterior materials of the structure or be enclosed with materials that match existing materials. 8. Any equipment on the ground shall be enclosed with fencing, walls or landscaping. 9. Communications antennas and appurtenant equipment shall be considered an architectural projection in determination of height, which shall be permitted to exceed maximum height by 25 %, nor more than 15 feet, whichever is more restrictive. 12 -6D -4: ACCESSORY USES: The following accessory uses shall be permitted: Home occupations, subject to issuance of a home occupation permit in accord with the provisions of section 12 -14 -12 of this title. Private greenhouses, toolsheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single- family and two- family residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. \n 6 -21 2/2/2010 \n Issue: Accessory Uses are a permitted use by their nature and it is excessive to list out all accessory uses. Recommendation: Add accessory uses to permitted uses and clearly define accessory uses to include all listed items including home occupation permits. 12 -6D -5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be fifteen thousand (15,000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30). Each site shall be of a size and shape capable of enclosing a square area, eighty feet (80) on each side, within its boundaries. 12 -6D -6: SETBACKS: In the primary/secondary residential district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be fifteen feet (15), and the minimum rear setback shall be fifteen feet (15). 12 -6D -7: HEIGHT. For a flat roof or mansard roof, the height of buildings shall not exceed thirty feet (30). For a sloping roof, the height of buildings shall not exceed thirty three feet (33). 12 -6D -8: DENSITY CONTROL: A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted on each site with only one dwelling unit permitted on existing lots less than fourteen thousand (14, 000) square feet. B. Gross Residential Floor Area: 1. The following gross residential floor area (GRFA) shall be permitted on each site: a. Not more than forty six (46) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10, 000) square feet of site area; plus b. Thirty eight (38) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over ten thousand (10, 000) square feet, not exceeding fifteen thousand (15, 000) square feet of site area; plus c. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over fifteen thousand (15, 000) square feet, not exceeding thirty thousand (30, 000) square feet of site area; plus d. Six (6) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of thirty thousand (30, 000) square feet. 2. The secondary unit shall not exceed forty percent (405 of the allowable gross residential floor area (GRFA). C. Employee Housing Units: Notwithstanding the provision of subsections A and B of this section, a type I employee housing unit shall be permitted on lots of less than fourteen thousand (14,000) square feet in accordance with the provisions of chapter 13 of this title. Any type I employee housing unit existing on or before April 18, 2000, shall not be eliminated unless all dwelling units are demolished, in which case the zoning on the property shall apply. However, an existing type I employee housing unit may be replaced with a type II employee housing unit on lots of fourteen thousand (14, 000) square feet or greater. 12 -6D -9: SITE COVERAGE: Site coverage shall not exceed twenty percent (205 of the total site area. 12- 6D -10: LANDSCAPING AND SITE DEVELOPMENT: At least sixty percent (605 of each site shall be landscaped. The minimum of any area qualifying as landscaping shall be ten feet (10) (width and length) with a minimum area not less than three hundred (300) square feet. 12- 6D -11: PARKING: Off street parking shall be provided in accordance with chapter 10 of this title. RELATED REGULATIONS AND POLICIES: • Article 12 -6C, Two - family Residential District \n 6 -22 2/2/2010 \n PR_OPO_SED_REG_ULATIO_NS: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ j 12 -6D -1: PURPOSE: The two - family residential district is intended to provide sites for low density] single- family or two - family residential uses with an optional accessory employee housing unit,: 1 together with such public facilities as may be appropriately located in the same zone district. The two -1 family residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single- family and two- family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. I I 12 -6D -2: PERMITTED USES: Accessory Employee Housing Unit j Accessory Uses, Residential j . Bed and breakfasts, as further regulated by Section 12 -X -X j Communications antennas and appurtenant equipment, as further regulated by Section 12 -X -X j Dwelling, single- family ; Dwelling, two- family 1 Employee housing units ; I I 12 -6D -3: CONDITIONAL USES: Any permitted use that does not meet use specific criteria, as determined by the Administrator Funiculars Home child daycare facilities j Home occupations j Institutional Uses j Public utility and public service uses j Ski lifts and tows ; I I 12 -6D -4: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be fifteen thousand. (15,000) square feet of buildable site area. Each site shall have a minimum frontage of thirty feet (30). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80) on each Side within its boundaries. 12 -6D -5: SETBACKS: j A. front: twenty feet (20) j B. side: fifteen feet (15) ; C. rear fifteen feet (15) 1 112-6D-6: MAXIMUM BUILDING HEIGHT: A. flat roof or mansard roof thirty feet (30) B. sloping roof thirty three feet (33) � 1 12-6D-7: MAXIMUM DENSITY. Not more than one structure per lot, unless otherwise permitted by! j Section (reference Separation Request). On lots less than fourteen thousand (14, 000) square feet in' . total lot size, not more than one (1) dwelling unit and one accessory employee housing unit. On lots. j equal to or greater than fourteen thousand (14, 000) square feet in total lot size, not more than two (2) j dwelling units and one (1) accessory employee housing unit. ; I I :12-6D-8: MAXIMUM GROSS RESIDENTIAL FLOOR AREA: ; A, Not more than forty six (46) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10, 000) square feet of site area; plus B. Thirty eight (38) square feet of gross residential floor area (GRFA) for each one hundred (100) j square feet of site area over ten thousand (10,000) square feet, not exceeding fifteen thousand] (15, 000) square feet of site area; plus \n 6 -23 2/2/2010 \n j C. Thirteen (1 3) square feet of gross residential floor area (GRFA) for each one hundred (100) j square feet of site area over fifteen thousand (15,000) square feet, not exceeding thirty thousand, j (30, 000) square feet of site area; plus j D. Six (6) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet; of site area in excess of thirty thousand (30, 000) square feet; plus I E. Five hundred fifty (550) square feet of GRFA if the site has an accessory employee housing or the square footage of the accessory employee housing unit, whichever is less. F. The secondary unit shall not exceed forty percent (405'o') of the allowable GRFA. I I 12 -6D -9: MAXIMUM SITE COVERAGE: twenty percent (205 of the total site area, or twenty five percent (255 of the total site area for sites with any employee housing units. , 12- 6D -10: MINIMUM LANDSCAPING: sixty percent (605 of the total site area, or fifty five percent j (555 of the total site area for sites with any employee housing units. j 1 12- 6D -11: PARKING: Off street parking shall be provided in accordance with chapter 10 of this title. j \n 6 -24 2/2/2010 \n ARTICLE 12 -6E: RESIDENTIAL CLUSTER (RC) DISTRICT GENERAL ISSUES: • The format of this article is not consistent with the rest of the zone district articles. Recommendation: This article needs to follow the common format, with all other relevant information relocated to more applicable locations. The format is as follows: ■ Section 1: Purpose ■ Section 2: Permitted Uses ■ Section 3: Conditional Uses ■ Section 4: Lot Area and Site Dimensions ■ Section 5: Minimum Setbacks ■ Section 6: Maximum Height ■ Section 7: Maximum Density ■ Section 8: Maximum Gross Residential Floor Area ■ Section 9: Maximum Site Coverage ■ Section 10: Minimum Landscaping ■ Section 11: Parking Requirements • Land uses are not standardized among the different zone districts. There are currently 291 unique land uses listed among the zone districts. Recommendation: A standard list of land uses needs to replace the lengthy list of land uses that exists today. See the appendix for existing and proposed land uses. • EHU regulations that are zone district specific are hidden in Chapter 13, Employee Housing Units, and thus, do not promote the creation of EHUs. Recommendation: Add proposed language to this article that details the EHU type, location, and incentives for landscaping and site coverage. EXISTING REGULATIONS, ISSUE IDENTIFICATION AND RECOMMENDATIONS: 12 -6E -1: PURPOSE: The residential cluster district is intended to provide sites for single- family, two - family, and multiple- family dwellings at a density not exceeding six (6) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The residential cluster district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with residential occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. Issue: The purpose statement is not clear enough as to types of structures allowed in this district, and does not include any mention of sustainability. Recommendation: Amend the purpose statement to include the types of structures, as well as language related to sustainability. Issue: The density requirements within the purpose statement are redundant. Recommendation: Delete the density requirements from the purpose. 12 -6E -2: PERMITTED USES: The following uses shall be permitted in the RC district: Employee housing units, as further regulated by chapter 13 of this title. Multiple- family residential dwellings, including attached or row dwellings and condominium dwellings with no more than four (4) units in any new building. Single- family residential dwellings. Two - family residential dwellings. Issue: The number of units per building is a density issue and not a land use category. Recommendation: Move the requirements for units per building to the density section. \n 6 -25 2/2/2010 \n 12 -6E -3: CONDITIONAL USES: The following conditional uses shall be permitted in the RC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12 -14 -18 of this title. Business offices, as further regulated by subsection 12 -16 -7A 13 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12 -14 -12 of this title. Private clubs. Professional office, as further regulated by subsection 12 -16 -7A 13 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Issue: The references to Chapter 12 -14, Supplemental Regulations, after home child daycare facilities and bed and breakfasts will become invalid as those regulations are moved to Chapter 12 -16, Conditional Uses. Recommendation: Remove these references as Chapter 12 -16 is already referenced at the top of this Section. Issue: Bed and breakfasts are a conditional use in all districts that allow residential uses. The definition of bed and breakfast in Section 12 -2 -2, Vail Town Code, is as follows: "BED AND BREAKFAST: A business which accommodates guests in a dwelling unit in which the bed and breakfast proprietor lives on the premises and is in residence during the bed and breakfast use." Since 1990, only one bed and breakfast conditional use permit has been applied for, and the application was withdrawn prior to PEC review. Bed and breakfasts generate sales and lodging tax, and turn dwelling units into warm beds with increased occupancy. The existing use specific criteria for a conditional use permit for bed and breakfasts is found in Section 12- 14-18, Vail Town Code. Recommendation: Staff recommends that bed and breakfasts become permitted uses with use specific criteria. Should the use specific criteria not be met, the use would become a conditional use, subject to review by the PEC. The recommended use specific criteria differ from the regulatory criteria in number of bedrooms and on -site management. Staff recommends the number of bedrooms be increased from three to four with no square footage requirements to accommodate larger groups, such as families. Staff also recommends that the required owner on site be amended to the term manager, which will allow a non -owner to be the on -site employee. The recommended use specific criteria are as follows: 1. Bed and breakfasts shall have a manager that lives on site during operation of the bed and breakfast. 2. Bed and breakfast operations shall be limited to up to 4 bedrooms for guests. 3. Parking requirements shall be met on -site with one space for the manager plus one -half of a parking space per bedroom that is part of the bed and breakfast operation. 4. Trash shall be enclosed within the structure or within a wildlife resistant enclosure, per Section 5 -9 -2 of this Code. 5. Signage shall be limited to one residential nameplate, per Title 11, Sign Regulations. 6. The applicant shall obtain written approval from the joint property owner or homeowners association, where applicable, in order to obtain a business license. L 4 0 4121\, \n 6 -26 2/2/2010 \n 7. Bed and breakfasts shall not negatively impact adjacent properties. Should any significant negative impacts occur, such as traffic, noise, etc, to adjacent properties, those properties may appeal the Staff determination of compliance to the Vail Town Council. Issue: Communications antennas and appurtenant equipment are a conditional use in the HR, SFR, R, PS, RC, MDMF, HDMF, PA, CSC, ABD, HS, LMU -1, LMU -2, A, OR, SBR, SBR2 and P Districts. The use is permitted in the H, CC3, and GU Districts. The only specific regulations regarding communication antennas is as follows: "14- 10 -12: COMMUNICATIONS ANTENNAS AND APPURTENANT EQUIPMENT: Communications antennas and any associated appurtenant equipment should be integrated into existing principal buildings and structures. All antennas and appurtenant equipment shall be located and screened so as not to detract from the overall site design quality." This use account for ten of the 147 conditional use permits that were applied for since 1990. All of these CUPs were approved, with the following conditions as examples: • Plant additional landscaping. Any removal of landscaping shall be replaced. • The applicant is required to provide adequate provisions to screen the equipment. • Equipment shall not be located within the setbacks. • The applicant uses only non - combustible materials in the construction of the screen wall and ladder enclosure. • The applicant shall comply with outdoor lighting regulations. • The applicant shall remove any obsolete telecommunications equipment prior to requesting final Town of Vail construction inspection. • Approval of this conditional use permit is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. • Applicant must paint or repair all visable rusty elements on the tower. Recommendation: With the need for antennas to support growing cellular phone networks, Staff recommends that this use be a permitted use with use specific criteria that will be subject to review by the Design Review Board. The Design Review Board will be able to enact the same conditions that have been required by the Planning and Environmental Commission as part of CUPs. Note that this use has been changed to a permitted use in the Housing (H) District to accommodate the many antennas at Middle Creek. In those applications, the Design Review Board required numerous conditions regarding landscaping, screening and painting. Staff recommends that the following use specific criteria be applied to communications antennas as a permitted use: 1. Communications antennas and any associated appurtenant equipment should be integrated into existing principal buildings and structures. 2. All antennas and appurtenant equipment shall be located and screened so as not to detract from the overall site design quality. 3. Any trees that are removed to facilitate installation shall be replaced with the same number and overall height of trees. 4. Communications antennas shall not be located in setbacks. 5. Any obsolete communications antennas and appurtenant equipment shall be removed within thirty days of ceasing use. 6. The subject property shall comply with outdoor lighting regulations. 7. All communications antennas shall be painted to match the exterior materials of the structure or be enclosed with materials that match existing materials. 8. Any equipment on the ground shall be enclosed with fencing, walls or landscaping. 9. Communications antennas and appurtenant equipment shall be considered an architectural projection in determination of height, which shall be permitted to exceed maximum height by 25 %, nor more than 15 feet, whichever is more restrictive. L 4 0 41\, \n 6 -27 2/2/2010 \n Issue: Dog kennels may be an outdated use within this zone district. Recommendation: Delete dog kennels as a land use within this zone district. Issue: Business offices are allowed as a conditional use, but professional offices are not. Business offices have a greater impact as it has a greater intensity of use. Recommendation: Offices, which would account for all office uses, should be allowed as a conditional use. 12 -6E -4: ACCESSORY USES: The following accessory uses shall be permitted in the RC district: Home occupations, subject to issuance of a home occupation permit in accord with the provisions of section 12 -14 -12 of this title. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single- family, two - family or low density multiple- family residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. Issue: Accessory Uses are a permitted use by their nature and it is excessive to list out all accessory uses. Recommendation: Add accessory uses to permitted uses and clearly define accessory uses to include all listed items including home occupation permits. 12 -6E -5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be fifteen thousand (15, 000) square feet, containing no less than eight thousand (8,000) square feet of buildable area. Each site shall have a minimum frontage of thirty feet (30). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80) on each side within its boundaries. 12 -6E -6: SETBACKS: In the RC district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be fifteen feet (15), and the minimum rear setback shall be fifteen feet (15). 12 -6E -7. HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed thirty feet (30). For a sloping roof, the height of buildings shall not exceed thirty three feet (33). 12 -6E -8: DENSITY CONTROL: A. Gross Residential Floor Area: Not more than thirty six (36) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. Total density shall not exceed six (6) dwelling units per acre of buildable site area. A dwelling unit in a multiple- family building may include one attached accommodation unit no larger than one -third (113) of the total floor area of the dwelling. B. Exemptions: All projects that have received final design review board approval as of December 19, 1978, shall be exempt from the changes in this section as long as the project commences within one year from the date of final approval. If the project is to be developed in stages, each stage shall be commenced within one year after the completion of the previous stage. Issue: The density control section includes language on attached accommodation units, but this use is not listed as a land use within this district. Recommendations: Add attached accommodation units as a permitted land use within this district. Issue: The exemption listed above is not applicable because projects approved in 1978 were either built already or their approval has expired. Recommendation: Delete this language. \n 6 -28 2/2/2010 \n 12 -6E -9: SITE COVERAGE: Site coverage shall not exceed twenty five percent (255'o') of the total site area. 12- 6E -10: LANDSCAPING AND SITE DEVELOPMENT. At least sixty percent (605 of each site shall be landscaped. 12- 6E -11: PARKING: Off street parking shall be provided in accordance with chapter 10 of this title. No parking shall be located in any required front setback area, except as may be specifically authorized in accordance with chapter 17 of this title. At least one parking space per dwelling unit shall be located within the main building or buildings or within an accessory garage whenever the development is reasonable and appropriate for the site and is required by the design review board. RELATED REGULATIONS AND POLICIES: Chapter 12 -2, Definitions Chapter 12 -3, Administration Chapter 12 -10, Parking Chapter 12 -16, Conditional Uses PROPOSED REGULATIONS: — _ _ _ _ _ _ _ _ _ _ _ _ _ _ 12 -6E -1: PURPOSE: The residential cluster district is intended to provide sites for multiple buildings of ; 1 single- family, two - family, and multiple- family dwellings, together with such public facilities as may 1 appropriately be located in the same zone district. The residential cluster district is intended to ensure ; adequate light, air, privacy and open space for each dwelling, commensurate with residential occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. 12 -6E -2: PERMITTED USES: j Accessory Uses, Residential j . Attached accommodation units j Attached employee housing units j Bed and breakfasts, as further regulated by Section 12 -X -X 1 Communications antennas and appurtenant equipment, as further regulated by Section 12 -X -X 1 Dwellings, Multiple- family Dwellings, Single- family Dwellings, Two - family Employee housing units 12 -6E -3: CONDITIONAL USES: j Any permitted use that does not meet use specific criteria, as determined by the Administrator j Funiculars j Home child daycare facilities j Home Occupations ; Institutional Uses Offices 1 Private clubs 1 Public park and recreation facilities Public utility and public service uses 12 -6E -4: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be fifteen thousand j (15, 000) square feet, containing no less than eight thousand (8,000) square feet of buildable area. j \n 6 -29 2/2/2010 \n Each site shall have a minimum frontage of thirty feet (30). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80) on each side within its boundaries. 12 -6E -5: MINIMUM SETBACKS: A. front: twenty feet (20) B. side: fifteen feet (15) ; C. rear fifteen feet (15) 1 12 -6E -6: MAXIMUM BUILDING HEIGHT. : A. flat roof or mansard roof. thirty feet (30) B. sloping roof. thirty three feet (33) � 12 -6E -7. MAXIMUM DENSITY: Maximum of four (4) dwelling units per building. Total density shall not exceed six (6) dwelling units per acre of buildable site area and an unlimited number of employee . housing units. Each dwelling unit may have one attached accommodation unit. 12 -6E -8: MAXIMUM GROSS RESIDENTIAL FLOOR AREA: Not more than thirty six (36) square feet 1 of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of 1 buildable site area. Employee housing units are allowed an unlimited amount of GRFA. Attached ; accommodation units shall not exceed 33% of the GRFA of the dwelling unit to which it is attached. 12 -6E -9: MAXIMUM SITE COVERAGE: twenty five percent (255 of the total site area, or thirty percent (305 of the total site area for sites with any employee housing units. 12- 6E -10: MINIMUM LANDSCAPING: sixty percent (605 of the total site area, or fifty five percent (555 of the total site area for sites with any employee housing units. ; I I 12- 6E -11: PARKING: Off street parking shall be provided in accordance with chapter 10 of this title. ; 1 No parking shall be located in any required front setback area, except as may be specifically 1 authorized in accordance with chapter 17 of this title. At least one parking space per dwelling unit ; shall be located within the main building or buildings or within an accessory garage whenever the `development is reasonable and appropriate for the site and is required by the design review board_ \n 6 -30 2/2/2010 \n ARTICLE 12 -6F: LOW DENSITY MULTIPLE - FAMILY (LDMF) DISTRICT GENERAL ISSUES: • The format of this article is not consistent with the rest of the zone district articles. Recommendation: This article needs to follow the common format, with all other relevant information relocated to more applicable locations. The format is as follows: ■ Section 1: Purpose ■ Section 2: Permitted Uses ■ Section 3: Conditional Uses ■ Section 4: Lot Area and Site Dimensions ■ Section 5: Minimum Setbacks ■ Section 6: Maximum Height ■ Section 7: Maximum Density ■ Section 8: Maximum Gross Residential Floor Area ■ Section 9: Maximum Site Coverage ■ Section 10: Minimum Landscaping ■ Section 11: Parking Requirements • Land uses are not standardized among the different zone districts. There are currently 291 unique land uses listed among the zone districts. Recommendation: A standard list of land uses needs to replace the lengthy list of land uses that exists today. See the appendix for existing and proposed land uses. • EHU regulations that are zone district specific are hidden in Chapter 13, Employee Housing Units, and thus, do not promote the creation of EHUs. While the lower density residential districts have minor incentives for on -site EHUs, including increased site coverage and decreased landscaping requirements, LDMF and MDMF do not have that incentive. LDMF and MDMF are not required to comply with inclusionary zoning requirements. Recommendation: Add proposed language to this article that details the EHU type, location, and requirements for GRFA and density. Also, create a minor incentive for EHU development, including a site coverage bonus and landscaping decrease if at least 1 unit, or 10% of units, whichever is greater, are built on -site. EXISTING REGULATIONS, ISSUE IDENTIFICATION AND RECOMMENDATIONS: 12 -6F -1: PURPOSE: The low density multiple- family district is intended to provide sites for single - family, two - family and multiple- family dwellings at a density not exceeding nine (9) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The low density multiple- family district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with low density occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. Issue: The purpose statement is not clear enough as to types of structures allowed in this district, and does not include any mention of sustainability. Recommendation: Amend the purpose statement to include the types of structures, as well as language related to sustainability. Issue: The density requirements within the purpose statement are redundant. Recommendation: Delete the density requirements from the purpose. 12 -6F -2: PERMITTED USES: The following uses shall be permitted in the LDMF district: Multiple- family residential dwellings, including attached or row dwellings and condominium dwellings. Single- family residential dwellings Two - family residential dwellings. \n 6 -31 2/2/2010 \n 12 -6F -3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12 -14 -18 of this title. Dog kennels. Employee housing units, as further regulated by chapter 13 of this title. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12 -14 -12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Issue: The references to Chapter 12 -14, Supplemental Regulations, after home child daycare facilities and bed and breakfasts will become invalid as those regulations are moved to Chapter 12 -16, Conditional Uses. Recommendation: Remove these references as Chapter 12 -16 is already referenced at the top of this Section. Issue: Bed and breakfasts are a conditional use in all districts that allow residential uses. The definition of bed and breakfast in Section 12 -2 -2, Vail Town Code, is as follows: "BED AND BREAKFAST: A business which accommodates guests in a dwelling unit in which the bed and breakfast proprietor lives on the premises and is in residence during the bed and breakfast use." Since 1990, only one bed and breakfast conditional use permit has been applied for, and the application was withdrawn prior to PEC review. Bed and breakfasts generate sales and lodging tax, and turn dwelling units into warm beds with increased occupancy. The existing use specific criteria for a conditional use permit for bed and breakfasts is found in Section 12- 14-18, Vail Town Code. Recommendation: Staff recommends that bed and breakfasts become permitted uses with use specific criteria. Should the use specific criteria not be met, the use would become a conditional use, subject to review by the PEC. The recommended use specific criteria differ from the regulatory criteria in number of bedrooms and on -site management. Staff recommends the number of bedrooms be increased from three to four with no square footage requirements to accommodate larger groups, such as families. Staff also recommends that the required owner on site be amended to the term manager, which will allow a non -owner to be the on -site employee. The recommended use specific criteria are as follows: 1. Bed and breakfasts shall have a manager that lives on site during operation of the bed and breakfast. 2. Bed and breakfast operations shall be limited to up to 4 bedrooms for guests. 3. Parking requirements shall be met on -site with one space for the manager plus one -half of a parking space per bedroom that is part of the bed and breakfast operation. 4. Trash shall be enclosed within the structure or within a wildlife resistant enclosure, per Section 5 -9 -2 of this Code. 5. Signage shall be limited to one residential nameplate, per Title 11, Sign Regulations. 6. The applicant shall obtain written approval from the joint property owner or homeowners association, where applicable, in order to obtain a business license. 7. Bed and breakfasts shall not negatively impact adjacent properties. Should any significant negative impacts occur, such as traffic, noise, etc, to adjacent properties, those properties may appeal the Staff determination of compliance to the Vail Town Council. L: \n 6 -32 2/2/2010 \n Issue: Communication antennas and appurtenant equipment have erroneously been omitted from this chapter as a conditional use. Recommendation: To follow with the recommendations in other residential chapters, Staff recommends that this land use become a permitted use with use specific criteria, as outlined in other zone districts. Issue: Dog kennels may be an outdated use within this zone district. Recommendation: Delete dog kennels as a land use within this zone district. 12 -6F -4: ACCESSORY USES: The following accessory uses shall be permitted in the LDMF district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12 -14 -12 of this title. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single- family, two - family or low density multiple- family residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. Issue: Accessory Uses are a permitted use by their nature and it is excessive to list out all accessory uses. Recommendation: Add accessory uses to permitted uses and clearly define accessory uses to include all listed items including home occupation permits. 12 -6F -5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area and each site shall have a minimum frontage of thirty feet (30). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80) on each side within its boundaries. 12 -6F -6: SETBACKS: In the LDMF district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20). 12 -6F -7. HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed thirty five feet (35). For a sloping roof, the height of buildings shall not exceed thirty eight feet (38). 12 -6F -8: DENSITY CONTROL: A. Gross Residential Floor Area: Not more than forty four (44) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. Total density shall not exceed nine (9) dwelling units per acre of buildable site area. A dwelling unit in a multiple- family building may include one attached accommodation unit no larger than one -third (113) of the total floor area of the dwelling. B. Exemptions: All projects that have received final design review board approval as of December 19, 1978, shall be exempt from the changes in this section as long as the project commences within one year from the date of final approval. If the project is to be developed in stages, each stage shall be commenced within one year after the completion of the previous stage. Issue: The density control section includes language on attached accommodation units, but this use is not listed as a land use within this district. Recommendations: Add attached accommodation units as a permitted land use within this district. Issue: The exemption listed above is not applicable because projects approved in 1978 were either built already or their approval has expired. \n 6 -33 2/2/2010 \n Recommendation: Delete this language. 12 -6F -9: SITE COVERAGE: Site coverage shall not exceed thirty five percent (355 of the total site area. 12- 6F -10: LANDSCAPING AND SITE DEVELOPMENT: At least forty percent (405 of each site shall be landscaped. The minimum of any area qualifying as landscaping shall be fifteen feet (15) with a minimum area not less than three hundred (300) square feet. Issue: The landscaping size requirements for dimensions and minimum area discourage small planting areas because they do not count towards landscaping. Recommendation: Delete the size requirements for landscaping. 12- 6F -11: PARKING: Off street parking shall be provided in accordance with chapter 10 of this title. No parking shall be located in any required front setback area, except as may be specifically authorized in accordance with the provisions of chapter 17 of this title. RELATED REGULATIONS AND POLICIES: Chapter 12 -2, Definitions Chapter 12 -3, Administration Chapter 12 -10, Parking Chapter 12 -16, Conditional Uses PR_OPO_SED_REG_ULA_TIO_NS: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 112-6F-1: PURPOSE. The low density multiple - family district is intended to provide sites for a : combination of single - family, two- family and multiple- family dwellings, together with such public: facilities as may appropriately be located in the same zone district. The low density multiple - family! j district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with low density occupancy, and to maintain the desirable residential qualities of the, j zone district by establishing appropriate site development standards. j 112-6F-2: PERMITTED USES: j Accessory Uses, Residential 1 Attached accommodation units 1 Bed and breakfasts, as further regulated by Section 12 -X -X Communications antennas and appurtenant equipment, as further regulated by Section 12 -X -X Dwellings, Multiple- family Dwellings, Single- family j Dwellings, Two - family j Employee housing units 12 -6F -3: CONDITIONAL USES: 1 Any permitted use that does not meet use specific criteria, as determined by the Administrator j Funiculars ; Home child daycare facilities :Institutional Uses 1 Private clubs 1 Public utility and public service uses ' 12 -6F -4: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand' (10,000) square feet of buildable area and each site shall have a minimum frontage of thirty feet (30). j Each site shall be of a size and shape capable of enclosing a square area eighty feet (80) on each j side within its boundaries. \n 6 -34 2/2/2010 \n •---------------------------------------------------------------- 1 12 -6F -5: MINIMUM SETBACKS: A. front: twenty feet (20) B. side: twenty feet (20) ; C. rear twenty feet (20) 1 112-6F-6 MAXIMUM BUILDING HEIGHT. : A. flat roof or mansard roof thirty five feet (35) 1 B. sloping roof thirty eight feet (38) 1 12 -6F -7: MAXIMUM DENSITY. Total density shall not exceed nine (9) dwelling units per acre of! buildable site area and an unlimited number of employee housing units. Each dwelling unit may have one attached accommodation unit. 12 -6F -8: MAXIMUM GROSS RESIDENTIAL FLOOR AREA: Not more than forty four (44) square 1 feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet 1 of buildable site area. Employee housing units are allowed an unlimited amount of GRFA. Attached; accommodation units shall not exceed 33% of the GRFA of the dwelling unit to which it is attached. 1 12-6F-9: MAXIMUM SITE COVERAGE: thirty five percent (355 of the total site area. If at least onel employee housing unit or at least 10% of dwelling units are employee housing units, whichever is greater, are built on site, the maximum site coverage shall be forty percent (409 of the total site area. , 12- 6F -10: MINIMUM LANDSCAPING: forty percent (409 of the total site area. If at least one 1 employee housing unit or at least 10% of dwelling units are employee housing units, whichever is 1 greater, are built on site, the minimum landscaping area shall be thirty five percent (359 of the total; 1 site area. 1 12- 6F -11: PARKING: Off street parking shall be provided in accordance with chapter 10 of this title. - No parking shall be located in any required front setback area, except as may be specifically: authorized in accordance with the provisions of chapter 17 of this title. \n 6-35 2/2/2010 \n ARTICLE 12 -6G: MEDIUM DENSITY MULTIPLE - FAMILY (MDMF) DISTRICT GENERAL ISSUES: • The format of this article is not consistent with the rest of the zone district articles. Recommendation: This article needs to follow the common format, with all other relevant information relocated to more applicable locations. The format is as follows: ■ Section 1: Purpose ■ Section 2: Permitted Uses ■ Section 3: Conditional Uses ■ Section 4: Lot Area and Site Dimensions ■ Section 5: Minimum Setbacks ■ Section 6: Maximum Height ■ Section 7: Maximum Density ■ Section 8: Maximum Gross Residential Floor Area ■ Section 9: Maximum Site Coverage ■ Section 10: Minimum Landscaping ■ Section 11: Parking Requirements • Land uses are not standardized among the different zone districts. There are currently 291 unique land uses listed among the zone districts. Recommendation: A standard list of land uses needs to replace the lengthy list of land uses that exists today. See the appendix for existing and proposed land uses. • EHU regulations that are zone district specific are hidden in Chapter 13, Employee Housing Units, and thus, do not promote the creation of EHUs. While the lower density residential districts have minor incentives for on -site EHUs, including increased site coverage and decreased landscaping requirements, LDMF and MDMF do not have that incentive. LDMF and MDMF are not required to comply with inclusionary zoning requirements. Recommendation: Add proposed language to this article that details the EHU type, location, and requirements for GRFA and density. Also, create a minor incentive for EHU development, including a site coverage bonus and landscaping decrease if at least 1 unit, or 10% of units, whichever is greater, are built on -site. EXISTING REGULATIONS, ISSUE IDENTIFICATION AND RECOMMENDATIONS: 12 -6G -1: PURPOSE: The medium density multiple- family district is intended to provide sites for multiple- family dwellings at densities to a maximum of eighteen (18) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The medium density multiple- family district is intended to ensure adequate light, air, open space, and other amenities commensurate with multiple- family occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, and where permitted, are intended to blend harmoniously with the residential character of the zone district. Issue: The purpose statement is not clear enough as to types of structures allowed in this district, and does not include any mention of sustainability. Recommendation: Amend the purpose statement to include the types of structures, as well as language related to sustainability. Issue: The density requirements within the purpose statement are redundant. Recommendation: Delete the density requirements from the purpose. 12 -6G -2: PERMITTED USES: The following uses shall be permitted in the MDMF district: Multiple- family residential dwellings, including attached or row dwellings and condominium dwellings. \n 6 -36 2/2/2010 \n Single- family residential dwellings. Two - family residential dwellings. 12 -6G -3: CONDITIONAL USES: The following conditional uses shall be permitted in the MDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12 -14 -18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Employee housing units, as further regulated by chapter 13 of this title. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12 -14 -12 of this title. Private clubs and civic, cultural and fraternal organizations. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Issue: The references to Chapter 12 -14, Supplemental Regulations, after home child daycare facilities and bed and breakfasts will become invalid as those regulations are moved to Chapter 12 -16, Conditional Uses. Recommendation: Remove these references as Chapter 12 -16 is already referenced at the top of this Section. Issue: Bed and breakfasts are a conditional use in all districts that allow residential uses. The definition of bed and breakfast in Section 12 -2 -2, Vail Town Code, is as follows: "BED AND BREAKFAST: A business which accommodates guests in a dwelling unit in which the bed and breakfast proprietor lives on the premises and is in residence during the bed and breakfast use." Since 1990, only one bed and breakfast conditional use permit has been applied for, and the application was withdrawn prior to PEC review. Bed and breakfasts generate sales and lodging tax, and turn dwelling units into warm beds with increased occupancy. The existing use specific criteria for a conditional use permit for bed and breakfasts is found in Section 12- 14-18, Vail Town Code. Recommendation: Staff recommends that bed and breakfasts become permitted uses with use specific criteria. Should the use specific criteria not be met, the use would become a conditional use, subject to review by the PEC. The recommended use specific criteria differ from the regulatory criteria in number of bedrooms and on -site management. Staff recommends the number of bedrooms be increased from three to four with no square footage requirements to accommodate larger groups, such as families. Staff also recommends that the required owner on site be amended to the term manager, which will allow a non -owner to be the on -site employee. The recommended use specific criteria are as follows: 1. Bed and breakfasts shall have a manager that lives on site during operation of the bed and breakfast. 2. Bed and breakfast operations shall be limited to up to 4 bedrooms for guests. 3. Parking requirements shall be met on -site with one space for the manager plus one -half of a parking space per bedroom that is part of the bed and breakfast operation. 4. Trash shall be enclosed within the structure or within a wildlife resistant enclosure, per Section 5 -9 -2 of this Code. 5. Signage shall be limited to one residential nameplate, per Title 11, Sign Regulations. 6. The applicant shall obtain written approval from the joint property owner or homeowners association, where applicable, in order to obtain a business license. \n 6 -37 2/2/2010 \n 7. Bed and breakfasts shall not negatively impact adjacent properties. Should any significant negative impacts occur, such as traffic, noise, etc, to adjacent properties, those properties may appeal the Staff determination of compliance to the Vail Town Council. Issue: Communications antennas and appurtenant equipment are a conditional use in the HR, SFR, R, PS, RC, MDMF, HDMF, PA, CSC, ABD, HS, LMU -1, LMU -2, A, OR, SBR, SBR2 and P Districts. The use is permitted in the H, CC3, and GU Districts. The only specific regulations regarding communication antennas is as follows: "14- 10 -12: COMMUNICATIONS ANTENNAS AND APPURTENANT EQUIPMENT: Communications antennas and any associated appurtenant equipment should be integrated into existing principal buildings and structures. All antennas and appurtenant equipment shall be located and screened so as not to detract from the overall site design quality." This use account for ten of the 147 conditional use permits that were applied for since 1990. All of these CUPs were approved, with the following conditions as examples: • Plant additional landscaping. Any removal of landscaping shall be replaced. • The applicant is required to provide adequate provisions to screen the equipment. • Equipment shall not be located within the setbacks. • The applicant uses only non - combustible materials in the construction of the screen wall and ladder enclosure. • The applicant shall comply with outdoor lighting regulations. • The applicant shall remove any obsolete telecommunications equipment prior to requesting final Town of Vail construction inspection. • Approval of this conditional use permit is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. • Applicant must paint or repair all visable rusty elements on the tower. Recommendation: With the need for antennas to support growing cellular phone networks, Staff recommends that this use be a permitted use with use specific criteria that will be subject to review by the Design Review Board. The Design Review Board will be able to enact the same conditions that have been required by the Planning and Environmental Commission as part of CUPs. Note that this use has been changed to a permitted use in the Housing (H) District to accommodate the many antennas at Middle Creek. In those applications, the Design Review Board required numerous conditions regarding landscaping, screening and painting. Staff recommends that the following use specific criteria be applied to communications antennas as a permitted use: 1. Communications antennas and any associated appurtenant equipment should be integrated into existing principal buildings and structures. 2. All antennas and appurtenant equipment shall be located and screened so as not to detract from the overall site design quality. 3. Any trees that are removed to facilitate installation shall be replaced with the same number and overall height of trees. 4. Communications antennas shall not be located in setbacks. 5. Any obsolete communications antennas and appurtenant equipment shall be removed within thirty days of ceasing use. 6. The subject property shall comply with outdoor lighting regulations. 7. All communications antennas shall be painted to match the exterior materials of the structure or be enclosed with materials that match existing materials. 8. Any equipment on the ground shall be enclosed with fencing, walls or landscaping. 9. Communications antennas and appurtenant equipment shall be considered an architectural projection in determination of height, which shall be permitted to exceed maximum height by 25 %, nor more than 15 feet, whichever is more restrictive. L 4 0 F-O\, \n 6-38 2/2/2010 \n Issue: Dog kennels may be an outdated use within this zone district. Recommendation: Delete dog kennels as a land use within this zone district. 12 -6G -4: ACCESSORY USES: The following accessory uses shall be permitted in the MDMF district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12 -14 -12 of this title. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. Issue: Accessory Uses are a permitted use by their nature and it is excessive to list out all accessory uses. Recommendation: Add accessory uses to permitted uses and clearly define accessory uses to include all listed items including home occupation permits. 12 -6G -5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80) on each side within its boundaries. 12 -6G -6: SETBACKS: In the MDMF district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20). 12 -6G -7. HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed thirty five feet (35). For a sloping roof, the height of buildings shall not exceed thirty eight feet (38). 12 -6G -8: DENSITY CONTROL: A. Gross Residential Floor Area: Not more than fifty six (56) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. Total density shall not exceed eighteen (18) dwelling units per acre of buildable site area. A dwelling unit in a multiple- family building may include one attached accommodation unit no larger than one -third (113) of the total floor area of the dwelling. B. Exemptions: All projects that have received final design review board approval as of December 19, 1978, shall be exempt from the changes in this section as long as the project commences within one year from the date of final approval. If the project is to be developed in stages, each stage shall be commenced within one year after the completion of the previous stage. Issue: The density control section includes language on attached accommodation units, but this use is not listed as a land use within this district. Recommendations: Add attached accommodation units as a permitted land use within this district. Issue: The exemption listed above is not applicable because projects approved in 1978 were either built already or their approval has expired. Recommendation: Delete this language. 12 -6G -9: SITE COVERAGE: Site coverage shall not exceed forty five percent (455 of the total site area. \n 6 -39 2/2/2010 \n 12- 6G -10: LANDSCAPING AND SITE DEVELOPMENT: At least thirty percent (305 of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15) with a minimum area not less than three hundred (300) square feet. Issue: The landscaping size requirements for dimensions and minimum area discourage small planting areas because they do not count towards landscaping. Recommendation: Delete the size requirements for landscaping. 12- 6G -11: PARKING: Off street parking shall be provided in accordance with chapter 10 of this title. At least one -half (112) of the required parking shall be located within the main building or buildings and hidden from public view or shall be completely hidden from public view from adjoining properties within a landscaped berm. No parking or loading area shall be located in any required front setback area. RELATED REGULATIONS AND POLICIES: Chapter 12 -2, Definitions Chapter 12 -3, Administration Chapter 12 -10, Parking Chapter 12 -16, Conditional Uses PR_OPO_S_ED_REG_ULA_TIO_NS: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 12 -6G -1: PURPOSE -- The medium -- density multiple- family district is intended to provide sites for: multiple- family dwellings, together with such public facilities as may appropriately be located in the same zone district. The medium density multiple- family district is intended to ensure adequate light,: air, open space, and other amenities commensurate with multiple- family occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development: standards. Certain nonresidential uses are permitted as conditional uses, and where permitted, are intended to blend harmoniously with the residential character of the zone district. 12 -6G -2: PERMITTED USES: !Accessory Uses, Residential Attached accommodation units Bed and breakfasts, as further regulated by Section 12 -X -X Communications antennas and appurtenant equipment, as further regulated by Section 12 -X -X Dwelling, Multiple- family Dwelling, Single- family Dwelling, Two - family Employee housing units 1 12-6G-3: CONDITIONAL USES: Any permitted use that does not meet use specific criteria, as determined by the Administrator Funiculars j Home child daycare facilities j Home occupations ; Institutional Uses Private clubs Public utility and public service uses 12 -6G -4: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand! (10,000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30). . Each site shall be of a size and shape capable of enclosing a square area eighty feet (80) on each. side within its boundaries. \n 6 -40 2/2/2010 \n • -- --- — -- — - -- -- — -- — -- — -- — -- — -- — -- — -- — -- — -- — -- — -- — -- — -- — -- — -- — -- — - 12 -6G -5: MINIMUM SETBACKS: A. front: twenty feet (20) B. side: twenty feet (20) C. rear twenty feet (20) ; I I 12 -6G -6: MAXIMUM BUILDING HEIGHT: ; A. flat roof or mansard roof thirty five feet (35) B. sloping roof thirty eight feet (38). I I 12 -6G -7: MAXIMUM DENSITY: Total density shall not exceed eighteen (18) dwelling units per acre of buildable site area and an unlimited number of employee housing units. Each dwelling unit may have one attached accommodation unit. 12 -6G -8: MAXIMUM GROSS RESIDENTIAL FLOOR AREA: Not more than fifty six (56) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of: buildable site area. Employee housing units are allowed an unlimited amount of GRFA. Attached accommodation units shall not exceed 33% of the GRFA of the dwelling unit to which it is attached. ; I I 12 -6G -9: MAXIMUM SITE COVERAGE: forty five percent (455 of the total site area. If at least one: employee housing unit or at least 10% of dwelling units are employee housing units, whichever is greater, are built on site, the maximum site coverage shall be fifty percent (505 of the total site area. 12- 6G -10: MINIMUM LANDSCAPING: thirty percent (305 of the total site area. If at least one employee housing unit or at least 10% of dwelling units are employee housing units, whichever Is: greater, are built on site, the minimum landscaping area shall be twenty five percent (255 of the total site area. ; I I 12- 6G -11: PARKING: Off street parking shall be provided in accordance with chapter 10 of this title.: At least one -half (112) of the required parking shall be located within the main building or buildings and - hidden from public view or shall be completely hidden from public view from adjoining properties: within a landscaped berm. No parking or loading area shall be located in any required front setback \n 6 -41 2/2/2010 \n ARTICLE 12 -6H: HIGH DENSITY MULTIPLE - FAMILY (HDMF) DISTRICT GENERAL ISSUES: • The format of this article is not consistent with the rest of the zone district articles. Recommendation: This article needs to follow the common format, with all other relevant information relocated to more applicable locations. The format is as follows: ■ Section 1: Purpose ■ Section 2: Permitted Uses ■ Section 3: Conditional Uses ■ Section 4: Lot Area and Site Dimensions ■ Section 5: Minimum Setbacks ■ Section 6: Maximum Height ■ Section 7: Maximum Density ■ Section 8: Maximum Gross Residential Floor Area ■ Section 9: Maximum Site Coverage ■ Section 10: Minimum Landscaping ■ Section 11: Parking Requirements • Land uses are not standardized among the different zone districts. There are currently 291 unique land uses listed among the zone districts. Recommendation: A standard list of land uses needs to replace the lengthy list of land uses that exists today. See the appendix for existing and proposed land uses. • EHU regulations that are zone district specific are hidden in Chapter 13, Employee Housing Units, and thus, do not promote the creation of EHUs. Recommendation: Add proposed language to this article that details the EHU type, location, and requirements for GRFA and density. EXISTING REGULATIONS, ISSUE IDENTIFICATION AND RECOMMENDATIONS: 12 -6H -1: PURPOSE: The high density multiple- family district is intended to provide sites for multiple - family dwellings at densities to a maximum of twenty five (25) dwelling units per acre, together with such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same zone district. The high density multiple- family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. Issue: The purpose statement lacks clarity as to types of structures allowed in this district, and does not include any mention of sustainability. Recommendation: Amend the purpose statement to include the types of structures, as well as language related to sustainability. Issue: The density requirements within the purpose statement are redundant. Recommendation: Delete the density requirements from the purpose. 12 -6H -2: PERMITTED USES: The following uses shall be permitted in the HDMF district: Employee housing units, as further regulated by chapter 13 of this title. Lodges, including accessory eating, drinking, recreational or retail establishments, located within the principal use and not occupying more than ten percent (105 of the total gross residential floor area \n 6 -42 2/2/2010 \n (GRFA) of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Multiple- family residential dwellings, including attached or row dwellings and condominium dwellings. Issue: Within the PA, PA -2 and HDMF Districts, Lodges have restrictions on the square footage of accessory commercial space. Recommendation: Change the lodge land use to 15% accessory commercial. 12 -6H -3: CONDITIONAL USES: The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12 -14 -18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Employee housing units, as further regulated by chapter 13 of this title. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12 -14 -12 of this title. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public parking structures. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Timeshare units. Issue: The references to Chapter 12 -14, Supplemental Regulations, after home child daycare facilities and bed and breakfasts will become invalid as those regulations are moved to Chapter 12 -16, Conditional Uses. Recommendation: Remove these references as Chapter 12 -16 is already referenced at the top of this Section. Issue: Bed and breakfasts are a conditional use in all districts that allow residential uses. The definition of bed and breakfast in Section 12 -2 -2, Vail Town Code, is as follows: "BED AND BREAKFAST: A business which accommodates guests in a dwelling unit in which the bed and breakfast proprietor lives on the premises and is in residence during the bed and breakfast use." Since 1990, only one bed and breakfast conditional use permit has been applied for, and the application was withdrawn prior to PEC review. Bed and breakfasts generate sales and lodging tax, and turn dwelling units into warm beds with increased occupancy. The existing use specific criteria for a conditional use permit for bed and breakfasts is found in Section 12- 14-18, Vail Town Code. Recommendation: Staff recommends that bed and breakfasts become permitted uses with use specific criteria. Should the use specific criteria not be met, the use would become a conditional use, subject to review by the PEC. The recommended use specific criteria differ from the regulatory criteria in number of bedrooms and on -site management. Staff recommends the number of bedrooms be increased from three to four with no square footage requirements to accommodate larger groups, such as families. Staff also recommends that \n 6 -43 2/2/2010 \n the required owner on site be amended to the term manager, which will allow a non -owner to be the on -site employee. The recommended use specific criteria are as follows: 1. Bed and breakfasts shall have a manager that lives on site during operation of the bed and breakfast. 2. Bed and breakfast operations shall be limited to up to 4 bedrooms for guests. 3. Parking requirements shall be met on -site with one space for the manager plus one -half of a parking space per bedroom that is part of the bed and breakfast operation. 4. Trash shall be enclosed within the structure or within a wildlife resistant enclosure, per Section 5 -9 -2 of this Code. 5. Signage shall be limited to one residential nameplate, per Title 11, Sign Regulations. 6. The applicant shall obtain written approval from the joint property owner or homeowners association, where applicable, in order to obtain a business license. 7. Bed and breakfasts shall not negatively impact adjacent properties. Should any significant negative impacts occur, such as traffic, noise, etc, to adjacent properties, those properties may appeal the Staff determination of compliance to the Vail Town Council. Issue: Communications antennas and appurtenant equipment are a conditional use in the HR, SFR, R, PS, RC, MDMF, HDMF, PA, CSC, ABD, HS, LMU -1, LMU -2, A, OR, SBR, SBR2 and P Districts. The use is permitted in the H, CC3, and GU Districts. The only specific regulations regarding communication antennas is as follows: "14- 10 -12: COMMUNICATIONS ANTENNAS AND APPURTENANT EQUIPMENT: Communications antennas and any associated appurtenant equipment should be integrated into existing principal buildings and structures. All antennas and appurtenant equipment shall be located and screened so as not to detract from the overall site design quality." This use account for ten of the 147 conditional use permits that were applied for since 1990. All of these CUPs were approved, with the following conditions as examples: • Plant additional landscaping. Any removal of landscaping shall be replaced. • The applicant is required to provide adequate provisions to screen the equipment. • Equipment shall not be located within the setbacks. • The applicant uses only non - combustible materials in the construction of the screen wall and ladder enclosure. • The applicant shall comply with outdoor lighting regulations. • The applicant shall remove any obsolete telecommunications equipment prior to requesting final Town of Vail construction inspection. • Approval of this conditional use permit is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. • Applicant must paint or repair all visable rusty elements on the tower. Recommendation: With the need for antennas to support growing cellular phone networks, Staff recommends that this use be a permitted use with use specific criteria that will be subject to review by the Design Review Board. The Design Review Board will be able to enact the same conditions that have been required by the Planning and Environmental Commission as part of CUPs. Note that this use has been changed to a permitted use in the Housing (H) District to accommodate the many antennas at Middle Creek. In those applications, the Design Review Board required numerous conditions regarding landscaping, screening and painting. Staff recommends that the following use specific criteria be applied to communications antennas as a permitted use: 1. Communications antennas and any associated appurtenant equipment should be integrated into existing principal buildings and structures. 2. All antennas and appurtenant equipment shall be located and screened so as not to detract from the overall site design quality. 3. Any trees that are removed to facilitate installation shall be replaced with the same number and overall height of trees. L: 4 0 F-Q\, \n 6 -44 2/2/2010 \n 4. Communications antennas shall not be located in setbacks. 5. Any obsolete communications antennas and appurtenant equipment shall be removed within thirty days of ceasing use. 6. The subject property shall comply with outdoor lighting regulations. 7. All communications antennas shall be painted to match the exterior materials of the structure or be enclosed with materials that match existing materials. 8. Any equipment on the ground shall be enclosed with fencing, walls or landscaping. 9. Communications antennas and appurtenant equipment shall be considered an architectural projection in determination of height, which shall be permitted to exceed maximum height by 25 %, nor more than 15 feet, whichever is more restrictive. Issue: Dog kennels may be an outdated use within this zone district. Recommendation: Delete dog kennels as a land use within this zone district. 12 -6H -4: ACCESSORY USES: The following accessory uses shall be permitted in the HDMF district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12 -14 -12 of this title. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, or recreation facilities customarily incidental to permitted residential and lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. Issue: Accessory Uses are a permitted use by their nature and it is excessive to list out all accessory uses. Recommendation: Add accessory uses to permitted uses and clearly define accessory uses to include all listed items including home occupation permits. 12 -6H -5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80) on each side within its boundaries. 12 -6H -6: SETBACKS: The minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20). 12 -6H -7: HEIGHT. For a flat roof or mansard roof, the height of buildings shall not exceed forty five feet (45). For a sloping roof, the height of buildings shall not exceed forty eight feet (48). 12 -6H -8: DENSITY CONTROL: Not more than seventy six (76) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. Total density shall not exceed twenty five (25) dwelling units per acre of buildable site area. Each accommodation unit shall be counted as one -half (112) of a dwelling unit for purposes of calculating allowable units per acre. A dwelling unit in a multiple- family building may include one attached accommodation unit no larger than one -third (113) of the total floor area of the dwelling. Issue: The density control section includes language on attached accommodation units, but this use is not listed as a land use within this district. Recommendations: Add attached accommodation units as a permitted land use within this district. 12 -6H -9: SITE COVERAGE: Site coverage shall not exceed fifty five percent (555 of the total site area. \n 6 -45 2/2/2010 \n 12- 6H -10: LANDSCAPING AND SITE DEVELOPMENT: At least thirty percent (305'o') of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15) with a minimum area not less than three hundred (300) square feet. Issue: The landscaping size requirements for dimensions and minimum area discourage small planting areas because they do not count towards landscaping. Recommendation: Delete the size requirements for landscaping. 12- 6H -11: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least seventy five percent (755 of the required parking shall be located within the main building or buildings and hidden from public view or shall be completely hidden from public view from adjoining properties within a landscaped berm. No parking shall be located in any required front setback area. RELATED REGULATIONS AND POLICIES: Chapter 12 -2, Definitions Chapter 12 -3, Administration Chapter 12 -10, Parking Chapter 12 -16, Conditional Uses PR_OPO_SED_REG_ULA_TIO_NS: _ _ _ _ _ _ _ _ _ _ _ _ _ _ 12 -6H -1: PURPOSE: The high density multiple- family district is intended to provide -- sites for multiple -: I family dwellings together with such public and semipublic facilities and lodges, private recreation I facilities and related visitor oriented uses as may appropriately be located in the same zone district.: The high density multiple- family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to: maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. 12 -6H -2: PERMITTED USES: Accessory Uses, Commercial I Accessory Uses, Eating and Drinking Establishments :Accessory Uses, Residential Attached accommodation units Bed and breakfasts, as further regulated by Section 12 -X -X Communications antennas and appurtenant equipment, as further regulated by Section 12 -X -X Dwellings, Multiple- family Employee housing units Lodges, with up to 15% of GRFA for accessory retail, recreation, and eating and drinking establishments within the structure I I 12 -6H -3: CONDITIONAL USES: ; Any permitted use that does not meet use specific criteria, as determined by the Administrator Funiculars Home child daycare facilities Home occupations Institutional Uses Parking facilities . Private clubs Public park and recreation facilities SPubli c_utility and public service uses ___________ ________._____________________1 \n 6 -46 2/2/2010 \n •---------------------------------------------------------------- ' Ski lifts and tows ' Timeshare and fractional fee units 12 -6H -4: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand! j (10,000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30). j Each site shall be of a size and shape capable of enclosing a square area eighty feet (80) on each; side within its boundaries. 112-6H-5: MINIMUM SETBACKS: 1 A. front: twenty feet (20) B. side: twenty feet (20) j C. rear twenty feet (20) j 112-6H-6: MAXIMUM BUILDING HEIGHT. j A. flat roof or mansard roof forty five feet (45) ; 1 B. sloping roof forty eight feet (48) 1 12 -6H -7: MAXIMUM DENSITY: Total density shall not exceed twenty five (25) dwelling units per acre of buildable site area and unlimited number of employee housing units. Each accommodation unit: shall be counted as one -half (112) of a dwelling unit for purposes of calculating allowable units pert j acre. Each dwelling unit may have a maximum of one (1) attached accommodation unit. j j 12 -6H -8: MAXIMUM GROSS RESIDENTIAL FLOOR AREA: Not more than seventy six (76) square' feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet! 1 of buildable site area and unlimited GRFA for employee housing units. Attached accommodation 1 units shall not exceed 33% of the GRFA of the dwelling unit to which it is attached. ; I I 12 -6H -9: MAXIMUM SITE COVERAGE: fifty five percent (555o') of the total site area. I I 12- 6H -10: MINIMUM LANDSCAPING: thirty percent (305'o') of the total site area. j 12- 6H -11: PARKING AND LOADING: Off street parking and loading shall be provided in accordance] with chapter 10 of this title. At least seventy five percent (755 of the required parking shall be located, j within the main building or buildings and hidden from public view or shall be completely hidden from j public view from adjoining properties within a landscaped berm. No parking shall be located in any; 1 required front setback area. 1 \n 6 -47 2/2/2010 \n ARTICLE 12 -61: HOUSING (H) DISTRICT GENERAL ISSUES: • The format of this article is not consistent with the rest of the zone district articles. Recommendation: This article needs to follow the common format, with all other relevant information relocated to more applicable locations. The format is as follows: ■ Section 1: Purpose ■ Section 2: Permitted Uses ■ Section 3: Conditional Uses ■ Section 4: Lot Area and Site Dimensions ■ Section 5: Minimum Setbacks ■ Section 6: Maximum Height ■ Section 7: Maximum Density ■ Section 8: Maximum Gross Residential Floor Area ■ Section 9: Maximum Site Coverage ■ Section 10: Minimum Landscaping ■ Section 11: Parking Requirements • Land uses are not standardized among the different zone districts. There are currently 291 unique land uses listed among the zone districts. Recommendation: A standard list of land uses needs to replace the lengthy list of land uses that exists today. See the appendix for existing and proposed land uses. EXISTING REGULATIONS, ISSUE IDENTIFICATION AND RECOMMENDATIONS: 12 -61 -1: PURPOSE: The housing district is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. It is necessary in this zone district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in section 12 -1 -2 of this title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The housing district is intended to ensure that employee housing permitted in the zone district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. Issue: The purpose statement is not clear enough as to types of structures allowed in this district, and does not include any mention of sustainability. Recommendation: Amend the purpose statement to include the types of structures, as well as language related to sustainability. 12 -61 -2: PERMITTED USES: The following uses shall be permitted in the H district. Bicycle and pedestrian paths. Employee housing units, as further regulated by chapter 13 of this title. Passive outdoor recreation areas, and open space. Issue: Open space as a land use is implied as no land use. It is confusing to have so many different open space designations. Recommendation: Delete open space as a land use. 12 -61 -3: CONDITIONAL USES: The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: \n 6 -48 2/2/2010 \n 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 development, 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. Business offices and professional offices as further regulated by section 12 -16 -7 of this title. Child daycare facilities. Communications antennas and appurtenant equipment. 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. Dwelling units (not employee housing units) subject to the following criteria 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 B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (305 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 compatible with buildings and uses on adjacent properties. Employee housing units, as further regulated by chapter 13 of this title. Outdoor patios. Public and private schools. Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities installations including transmission lines and appurtenant equipment. Issue: Conditions for dwelling units should be listed in conditions under Chapter 16, Conditional Uses. 12 -61 -4: ACCESSORY USES: The following accessory uses shall be permitted in the H district: Home occupations, subject to issuance of a home occupation permit in accordance with —the provisions of section 12 -14 -12 of this title. Minor arcades. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, or recreation facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. Issue: Accessory Uses are a permitted use by their nature and it is excessive to list out all accessory uses. Recommendation: Add accessory uses to permitted uses and clearly define accessory uses to include all listed items including home occupation permits. 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 development plan subject to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. \n 6 -49 2/2/2010 \n B. 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 that could not otherwise be achieved by conformance with prescribed setback standards. Variations to the twenty foot (20) 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 commission pursuant to chapter 17 of this title. 12 -6I -6: SITE COVERAGE: Site coverage shall not exceed fifty five percent (555 of the total site area. At the discretion of the planning and environmental commission, site coverage may be increased if seventy five percent (755 of the required parking spaces are underground or enclosed, thus reducing the impacts of surface paving provided within a development, and that the minimum landscape area requirement is met. Issue: Site coverage can be increased at the discretion of the PEC, but with the requirement that 75% of parking is enclosed. Rather than put this at the discretion of the PEC, this should be a black and white requirement. 12 -6I -7. LANDSCAPING AND SITE DEVELOPMENT: At 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 (15) with a minimum area not less than three hundred (300) square feet. Issue: The landscaping size requirements for dimensions and minimum area discourage small planting areas because they do not count towards landscaping. Recommendation: Delete the size requirements for landscaping. 12 -6I -8: PARKING AND LOADING: Off street parking shall be provided in accordance with chapter 10 of this title. No parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative 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 demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. 12 -6I -9: LOCATION OF BUSINESS ACTIVITY. - A. Limitation; Exception: All conditional uses by section 12 -6I -3 of this article shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. B. 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. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Issue: This statement about location of business activity is redundant, as it is included in all districts that have commercial. \n 6 -50 2/2/2010 \n Recommendation: Place this regulation in a standardized location only once in order to ensure continuity of this policy for all zone districts. 12- 6I -10: OTHER DEVELOPMENT STANDARDS: A. Prescribed By Planning And Environmental Commission: In the H district, development standards in each of the following categories shall be as proposed by the applicant, as prescribed by the planning and environmental commission, and as adopted on the approved development plan: 1. Lot area and site dimensions. 2. Building height. 3. Density control (including gross residential floor area). 12- 6I -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 the zone district, an approved development plan shall be required. B. Plan Process And Procedures: The proposed development plan shall be in accordance with section 12 -6I -12 of this article and shall be submitted by the developer to the administrator, who shall refer it to the planning and environmental commission, which shall consider 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 planning and environmental commission may be appealed to the town council in accordance with section 12 -3 -3 of this title. 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 -9A -10 of this title. F. Design Review Board Approval Required: The development plan and any subsequent amendments thereto shall require the approval of the design review board in accordance with the applicable provisions of chapter 11 of this title prior to the commencement of site preparation. 12- 6I -12: DEVELOPMENT PLAN CONTENTS: The administrator shall establish the submittal requirements for a development plan application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived and /or modified by the administrator and /or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and /or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 12- 6I -13: DEVELOPMENT STANDARDS /CRITERIA FOR EVALUATION: The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria: A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. B. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. \n 6 -51 2/2/2010 \n 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. D. A pedestrian and vehicular circulation system designed to provide safe, efficient and aesthetically 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. Issue: The above regulations outline the PEC review of the development plan. This is common language for a few different zone districts. Recommendation: This language should be included in Chapter 12 -3, Administration. RELATED REGULATIONS AND POLICIES: Chapter 12 -2, Definitions Chapter 12 -3, Administration Chapter 12 -10, Parking Chapter 12 -16, Conditional Uses PROPOSED REGULATIONS: "'---- ------ -- — -- — -- — -- — -- — -- — -- — -- — -- — -- — -- — -- — -- — -- — -- — -- — -- — -- ti 1 12 -6I -1. PURPOSE: The housing district is intended to provide adequate sites for employee housing 1 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 necessaryl -In this zone district to provide development standards specifically prescribed for each development: proposal or project to achieve the purposes prescribed in section 12 -1 -2 of this title and to provide for, the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The housing district is intended to ensure that employee housing permitted in the zone district is appropriately located and designed to . meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate . light, air, open spaces, and other amenities appropriate to the allowed types of uses. 112-61-2: PERMITTED USES: 1 Accessory Uses, Residential Bicycle and pedestrian paths Communications antennas and appurtenant equipment Employee housing units Passive outdoor recreation areas 12 -6I -3: CONDITIONAL USES: Accessory Uses, Commercial ; 1 Any permitted use that does not meet use specific criteria, as determined by the Administrator 1 Child daycare facilities ; Dwelling units, excluding employee housing units Eating and drinking establishments 1 Financial institutions 1 Funiculars Health clubs ' Institutional Uses ' Offices Personal services SPubli parksa recreational facilities ___________ ________._____________________1 \n 6 -52 2/2/2010 \n • -- — - - — -- — -- — -- — -- — -- — -- — -- — -- — -- — -- — -- — -- — -- — -- — -- — -- — -- — -- — - - — - Public utilities and public services Retail 1 12-61-4: LOT AREA AND SITE DIMENSIONS: As approved by the Planning and Environmental Commission. 1 112-61-5: MINIMUM SETBACKS: (20) from the perimeter of the zone district or as approved by the Planning and Environmental Commission. I I 12 -61 -6: MAXIMUM BUILDING HEIGHT: As approved by the Planning and Environmental Commission. 12 -61 -7: MAXIMUM DENSITY: As approved by the Planning and Environmental Commission. 12 -61 -8: MAXIMUM GROSS RESIDENTIAL FLOOR AREA: As approved by the Planning and: 1 Environmental Commission. 1 112-61-9: MAXIMUM SITE COVERAGE: fifty five percent (555 of the total site area, unless at least) seventy five percent (755 of required parking spaces are enclosed, in which case the planning and environmental commission may permit additional site coverage up to seventy five percent (755 of tht� j total site area. j j 12- 61 -10: MINIMUM LANDSCAPING: thirty percent (305 of the total site area j j 12- 61 -11: PARKING AND LOADING: Off street parking shall be provided in accordance with chapter] 10 of this title. No parking or loading area shall be located within any required setback area. ; \n 6 -53 2/2/2010 \n M. iV f3i7 4!� T' i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 2, 2010 ITEM /TOPIC: Information Update. a. Joint TOV & PEC Work Session to Discuss Environmental and Housing Policy (Set a date). b. Parking Inventory. Attachment Only: Wi -Fi /Information Technology Carmichael Training Maze Surveys PRESENTER(S): Pam Brandmeyer ATTACHMENTS: Carmichael Trainng Camp Info. Tech. Update Guest Services Update \n 2/2/2010 \n MEMORANDUM TO: Vail Local Marketing District FROM: Beth Slifer, Chair, Vail Local Marketing District Advisory Council SUBJECT: Carmichael Training Camps DATE: February 2, 2010 Congratulations are due to the VLMD for funding the Partnership Initiative and James Chung at Reach Advisors. We have our first confirmed victory with Carmichael Training Systems announcing Vail would be the site June 22 — 26, 2010 for their High Altitude Training Camp. We hope this will be the first of many Carmichael Training Events including plans for post cancer treatment recovery in the summer of 2010. This elite athlete training camp in Vail is the direct result of months of contacts and negotiations between Carmichael and James Chung, representing the VLMD. Outstanding cooperation with the Vail Recreation District and Vail Resorts is making this newsworthy event possible. The announcement at the Vail PR event in New York on January 7 created quite a lot of media excitement. Attached are details of the first camp and their partnership with the Vail Mountain Lodge for 5 nights in June 2010. There are several other potential recreation events for elite and casual sports enthusiasts in various stages of negotiations. Two Continuing Medical Education events for Johns Hopkins are in the final stages of negotiations with local lodges. We have learned in 2009 that beginning relationships with long -term potential is a time consuming process. We are gratified to have these two nationally recognized premier brands coming to Vail this summer and we hope to report several more successful partnership negotiations for 2010 from the worlds of sports /recreation and health /wellness.. The only dollar costs to the Town of Vail for these relationships are the marketing allocations for James Chung /Reach Advisors and promotions. Thank you for supporting the marketing strategy to shift our focus to the segments of sports /recreation, health /wellness /fitness and participatory sports. Reach Advisors has current research which confirms that the only personal spending category that shows 2009 increases and potential for more increases in this decade are in the areas of personal wellness and recreation. Members of the VLMDAC and our vendors have concentrated on identifying new target markets and creating new relationships with nationally known branded entities which have long -term potential. It is a task which requires patience and strategic finesse. We appreciate your patience as we grow these exciting new markets for added business and heads in beds in Vail. \n 2/2/2010 \n 5 -1 -1 \n 01 Carmichael Training Systems — Vail, CO High Altitude Performance Camp Date: June 22 - 26, 2010 Focus: High Altitude Performance Location: Vail, Colorado The Vail High Performance Camp is the newest addition to our Colorado Camps. Come experience some of the classic Colorado summer rides while being coach by our world class staff. You will be treated like a professional cyclist in every way from post ride massages, to individual power file analysis with our coaches. This camp is open to riders of all levels. Rides will provide a mix of breath taking climbs, descents and flat mountain roads. Vail is a small resort town located in the heart of the Rocky Mountains. Quiet roads and beautiful scenery await the cyclist who is ready for a new bike adventure. Vail is not only famous for it's skiing but also its spectacular riding routes, restaurants, and endless possibilities for outdoor adventures. The weather during June can vary from 50 -80 degrees, and although rain showers can sometimes pass through at higher elevations. Be sure to come prepared for all weather conditions. Should you be able to arrive early or stay late, we will be offering a 3D dynamic bike fit at a discounted rate with one of our bike fit experts. To schedule one, please let the camp manager know. Included: Daily training sessions with Carmichael Training Systems Coaches Use of PowerTap Wireless Wheel System Certified Professional Mechanics from the SRAM Race Support Team Complete Ride Support with GU Nutrition and Hydration Training Talks with CTS Coaches CTS Jersey 5 nights Hotel accommodations at the Vail Mountain Lodge ( http: / /vailmountainlodge.com / ) 2 Post Ride Massages 4 breakfasts, 4 lunches, 2 dinners Cost: $2,999 Vail Locals Discount price- $2,299 (must provide proof of local residency) Registration: A non - refundable $750.00 deposit is due at time of registration. The remaining balance is due 60 days prior to the camp and will be billed automatically. The credit card information used for your deposit will be billed unless otherwise arranged with the CTS accounting department. \n 2/2/2010 \n 5 -1 -2 \n Cancellation: If you have to cancel for any reason, your deposit and additional fees depending on your cancellation date will not be refunded. Exceptions to this policy will not be made for any reason, including weather or personal emergencies and balances cannot be transferred. • 6 business days through 30 calendar days prior: Cancellation fee of deposit only • Within 5 business days from start of camp: Cancellation fee of deposit plus 50% of balance due for the applicable camp. • There are no discounts, refunds or exchanges associated with a Member skipping or missing any portion of a camp and /or class including, without limitation, meals, lectures or rides • CTS reserves the right to cancel a camp and /or class at any time. In this event, Member will be issued a full refund for the camp and /or class registration fee. CTS is not responsible for expenses associated with planning Member's trip including, without limitation, airfare, lodging, meals, transportation, etc., (collectively, "Member Expenses ") to attend any camp and /or class. • Camp will be conducted bases on the schedule posted prior to the camp, but CTS reserves the right to modify the camp schedule based on, without limitation, weather and number or skill level of athletes in attendance. • All fees will be applied to the camp and /or class for which you are registered. If you have to cancel for any reason, your deposit and all subsequent payments will be applied to the camp and /or class for which you have registered an cannot be transferred to an alternate camp and /or class or any other Service or product offer by CTS. Arrival /Departure: We recommend you arrive by 1 PM on June 22nd, 2010. Bike assembly and camp registration will be from 2 PM -5 PM on June 22nd. The conclusion of the camp will be Saturday, June 26 after the final dinner and check out is on June 27 We will provide transportation to and from the Eagle County airport on the 22nd and 27th only. Bike Transport and Assembly: If you are shipping your bike, please make sure it arrives at the Vail Mountain Lodge on Monday June 21 Our professional SRAM mechanics will gladly assemble it and have it waiting for you. Vail Mountain Lodge 352 East Meadow Drive Vail, Colorado 81657 If you wish to ship your bike, we recommend using Luggage Forward They provide door to door pick /up and delivery of your bike. You will need to pack your bike, or have it packed for you, and Sports Express will take care of the rest. Sports Express can be found at www.luggageforward.com We will take care of packing your bike before it departs. Acceptable Bikes Due to the nature of this camp, and for the safety of all of the athletes and staff, time trial bikes and aero bars are not allowed for this camp. Your bike must be equipped with a standard set of road bars and brake levers. If you have questions about your bike setup, please contact the camp manager. Lodging: \n 2/2/2010 \n 5 -1 -3 \n During the camp we will be staying at the Vail Mountain Lodge in Vail, Colorado ( http:/ /www.vailmountainlodge.com / ). Should you need to book an extra night or two, just let us know and we can set it up. Vail Mountain Lodge & Spa is a thoughtfully appointed retreat for active travelers, offering a unique guest experience and the relaxed ambience and intimacy of a treasured B &B. The boutique hotel is distinguished by Vail's most spacious lodge rooms, the award - winning Terra Bistro restaurant, state -of- the -art Vail Athletic Club (VAC), The Spa featuring healing and holistic treatments on the banks of Gore Creek — all of which combine to promote a healthy mountain lifestyle. With just 28 accommodations and a strong service commitment, the Vail Mountain Lodge & affords a highly personalized guest experience. After a day of riding, many options await you back at Vail Mountain Lodge. All Lodge guests receive complimentary access to the Vail Athletic Club. The VAC offers daily classes, indoor rock climbing and a complete yoga and pilates studio. To relax your muscles and mind, The Spa at Vail Mountain Lodge is the perfect end to a great day in Vail. The Spa offers an extensive menu of therapeutic massages, facials and signature treatments delivered by top -tier practitioners. Each morning, enjoy breakfast from Terra Bistro and of course, "Appy" Hour each day in Terra is the perfect place to catch up on the highlights of your ride. www.vailmountainlodge.com http : / /www.vailmountainlodge.com Airport: Eagle Country Regional Airport (EGE) is the closest airport to Vail and the Training Camp. Things to Bring Items to pack for any of our camps: Bicycle Clean! Tuned and ready to ride Your bike should have a 12 -25 or a 12 -27 Helmet Jerseys at least 5 (short and or long sleeve) Shorts /Bibs at least pairs Wind Vest Light Jacket Baselayer 1 or 2 lightweight Rain Jacket Arm Warmers Knee Warmers Leg Warmers Socks Cycling gloves short finger and long finger Cycling Shoes /pedals (carry these with you if traveling by plane) Eyewear /sunglasses Chamois cream Small tote or backpack for anything you wish to keep in support vehicles. Heart Rate Monitor and /or Power Meter (Power Tap or SRM or other) Sunscreen Other items to consider: • 12 -27 cassette - If you are not accustomed to climbing, are a beginner cyclists or are attending a climbing camp. \n 2/2/2010 \n 5 -1 -4 \n • Bottles /mix /food - if you will be arriving in Vail before a camp begins or remaining afterward, and wish to ride, please bring what food /drink supplies you will need for your riding. We will have sport drinks, food, spare tubes /tires, etc in our follow vehicles. Each day we will prepare water bottles for your bike using GU Electrolyte Brew, and will provide you with GU Energy products for use during the camp. If you have any questions about what to pack or what to look for when purchasing cycling clothing or supplies, please contact us at 866- 355 -0645. \n 2/2/2010 \n 5 -1 -5 \n High Altitude Performance Camp Vail, CO June 22 -26, 2010 Tuesday June 22nd 2:00- 5:OOpm Registration 6:00- 7:OOpm Dinner at Terra Bistro 7:00- 8:OOpm Camp Overview and Introductions Wednesday June 23rd 7:30- 8:30am Breakfast 9:OOam Ride Departs: CTS Field Test 1 -1/2 to 2 hours 12:00- 1:OOpm Lunch 2:OOpm Ride Departs: Bike Handling Skills, Climbing and Descending 5:00- 6:OOpm Data Recall with Coaches 6:00- 7:OOpm Dinner on your own Thursday June 24th 7:30- 8:30am Breakfast 9:OOam Ride Departs: Climbing Focused Ride 3 -1/2 — 4 -1/2 hours 1:30- 2:30pm Lunch 3:OOpm Massages Begin and Data Recall with Coaches 6:00- 7:OOpm Bike Mechanics 101 courtesy of the SRAM neutral race support team 7:00- 8:OOpm Dinner on your own Friday June 25th 6:30- 7:30am Breakfast 8:OOam Shuttle Departs for Colorado River Ride 9:OOam Ride Departs: Endurance Miles Focus 2x2 riding and pack skills 2'/z -3 hours 1:OOpm Lunch 3:30pm Massages Begin and Data Recall with Coaches 6:00- 7:OOpm Advanced Symposium: Training with Power 7:00- 8:OOpm Dinner on your own Saturday June 26th 6:30- 7:30am Breakfast 8:OOam Ride Departs: Endurance Miles Ride: Putting it all together 5 — 7 hours 2:00- 3:30pm Lunch 4:OOpm Data Recall with Coaches 7:OOpm Final Dinner at Terra Bistro Sunday June 27th Hotel Checkout and Departure for Airport \n 2/2/2010 \n 5 -1 -6 \n TOWN OF VA Information Technology January 27, 2010 Vail Wi -Fi Update CenturyLink (formerly CenturyTel) has completed its internal customer service audit and has identified (and apologized for) the shortcomings in their handling of the recent Vail Wi -Fi issues. We have had several complaints in the last few weeks from individuals that were told by CenturyLink customer service that they did not offer any wi -fi services in the Colorado market. CenturyLink has several call centers located throughout the continental United States and is in the process of merging centers due to the recent Embarq acquisition. Needless to say, they are experiencing many problems associated with this merger. It should be noted that they are the only major carrier in the U.S. that has refused to outsource their call center overseas. We have been told that the issue has been corrected and that the correct customer service number we are to use is 877 - WIFI -CTL (877 - 943 - 4285). They are currently working with their support team to get all other numbers removed from the splash pages of various Internet sites. Additionally, here are the free and paid subscriber numbers for November 1, 2009 thru January 26 of this year. The numbers are up slightly from this period last year. November 2009 Free: 1890 Paid: 124 December 2009 Free: 3235 Paid: 278 January 2010 Free: 2590 Paid: 287 \n 2/2/2010 \n 5 -2 -1 \n Finally, there was a question from Mayor Cleveland regarding whether you could be notified by way of e -mail if someone has left you a voice mail message on your council extensions. The answer is yes. Below is a sample of the e -mail you would receive when someone leaves you a voice message. Mai I From: -:ayst File Edit View Actions Tools Help Close Reply Reply All Forward Mail Properties 11 Personalize Messag Source Discussion Thread From: <ayst> To: Ron Braden Subject: Town of Vail; Voice msg from Outside caller 3033259708 Unread; 1. Town of Vail; Voice msg from Outside caller 3033259708 Unread; 1. Please let us know if you have any questions or would like us to setup your voice mailbox to send you an e -mail message notification. Regards, Ron Braden Information Technology Director Town of Vail 75 South Frontage Road Vail, CO 81657 rbraden @vailgov.com 970 - 479 -2154 Voice 970 - 479 -2248 Fax \n 2/2/2010 \n 5 -2 -2 \n MEMORANDUM TO: Vail Town Council FROM: Town of Vail Staff SUBJECT: Guest Satisfaction Surveys DATE: January 19, 2010 The Town of Vail Staff is working with Vail Mountain Operations to obtain weekly reports on four categories of guest service relative to the Town of Vail. These four categories are: Ease of parking/ Timeliness of buses/ Friendliness /helpfulness of bus drivers and Guest service personnel. The scale is 1 to 5, 1= extremely dissatisfied and 5= extremely satisfied. The questions are posed as: "On a scale of 1 to 5, 1 being extremely dissatisfied and 5 being extremely satisfied, how satisfied were you with ease of parking today," "how satisfied were you with the timeliness of the buses today ", etc. The methodology involves hand held machines that are a palm based device with a hard outer shell utilizing a program called Enterware that holds the surveys for the Vail Mountain surveyors to use. There is a quota of approximately 201 customer satisfaction surveys every week. Surveyors can skip questions if the customer does not know how to rate or has not interacted with anyone in that department. That sometimes makes the sample size on questions smaller, especially on guest service personnel since many people don't interact with them. The most recent surveys are attached and will be in your packets each Council meeting throughout the ski season. \n 1 2/2/2010 \n 5 -3 -1 \n 2009 -2010 Vail Guest Satisfaction Timeliness of Buses a.a ds ras s . 4:5 4.3 s . g 4.0 11/29 12/6 12/13 12/20 12/27 1/3 1/10 1117 1/24 1/31 217 2/14 2/21 2/28 3/7 3/14 3/21 3/28 4/4 - X09/10 4.3 4.0 4.4 4.6 4.5 4.8 4.6 4.6 W - - 08/09 4.4 4.0 4.5 4.7 4.4 4.7 4.8 4.6 4.6 4.9 4.9 4.6 4.9 4.8 4.8 4.7 4.8 - - - 07/08 4.2 4.3 4.6 4.6 4.4 4.3 4.7 4.6 4.5 4.5 4.6 4.4 4.5 4.6 4.6 4.4 4.7 Sample Size (09/10) 105 92 92 85 91 86 73 83 Running total mean 09/10 4.3 4.2 4.3 4.4 4.4 4.4 4.5 4.5 Vail GuestSAT_0910.xls Caution with sample sizes less than 30 \n Printed 02 /2WlMn Chart 3 5 -3 -2 \n 2009 -2010 Vail Guest Satisfaction Guest Service Personnel 4.8 - 4.7 4 5• • ti - 4,6 4.4 ti f 11/29 12/6 12/13 12/20 12/27 1/3 1/10 1117 1/24 1/31 217 2/14 2/21 2/28 3/7 3/14 3/21 3/28 4/4 - X09/10 4.6 4.4 4.6 4.7 4.7 4.7 4.8 4.8 1W - - 08/09 4.7 4.6 4.6 4.4 4.4 4.4 4.8 4.8 4.6 4.9 4.9 4.8 4.9 4.8 4.9 4.9 4.8 - - - 07/08 4.5 4.7 4.7 4.5 4.6 4.8 4.7 4.5 4.5 4.8 4.7 4.7 4.9 4.7 4.9 4.8 4.8 Sample Size (09/10) 146 156 164 172 175 174 169 171 Running total mean 09/10 4.6 4.5 4.5 4.6 4.6 4.6 4.6 4.7 Vail GuestSAT_0910.xls Caution with sample sizes less than 30 \n Printed 02 /2WlMn Chart 19 5 -3 -3 \n 2009 -2010 Vail Guest Satisfaction Friendliness /Helpfulness of Bus Drivers 4.8 .8 ., 8 4.7 4.7 in = i 4.7. Ar E A' A 11/29 12/6 12/13 12/20 12/27 1/3 1/10 1/17 1/24 1/31 2/7 2/14 2/21 2/28 3/7 3/14 3/21 3/28 4/4 - X09/10 4.6 4.7 4.8 4.8 4.7 4.8 4.8 4.7 - - f - - 08/09 4.4 4.5 4.6 4.4 4.6 4.6 4.7 4.5 4.6 4.7 4.8 4.6 4.7 4.7 4.8 4.7 4.8 -- - 0---07/08 4.4 4.5 4.7 4.6 4.5 4.6 4.8 4.5 4.6 4.6 4.7 4.6 4.8 4.7 4.7 4.7 4.7 Sample Size (09/10) 99 85 84 79 90 81 70 73 Running total mean 09/10 4.6 41 4.7 4.7 4.7 4.7 47 4.7 Vail GuestSAT_0910.xls Caution with sample sizes less than 30 \n Printed 02/26 1%n Chart 4 5 -3 -4 \n 2009 -2010 Vail Guest Satisfaction Ease of Parking 3.7 3.6 .6 i ;`, 3. It ■ � •3.3 R r 3.1 3.1 i 11/29 1216 12/13 12/20 12/27 1/3 1/10 1/17 1/24 1/31 217 2/14 2/21 2/28 3/7 3/14 3/21 3/28 4/4 - X09/10 3.6 3.6 3.1 3.7 3.1 3.3 3.6 3.5 f - 08/09 3.2 2.8 3.4 3.5 3.1 3.0 3.1 2.9 3.4 4.2 3.6 3.7 4.2 3.4 3.8 3.5 3.5 07/08 3.2 3.5 4.0 3.7 3.3 3.2 3.8 3.7 3.4 3.4 3.7 3.3 3.4 3.9 3.4 3.6 3.2 Sample Size (09/10) 98 96 89 68 78 89 79 87 Running total mean 09/10 3.6 3.6 3.4 3.5 3.4 3.4 3.4 3.4 Vail GuestSAT_0910.xls Caution with sample sizes less than 30 \n Printed Og /$MMn Chart 2 5 -3 -5 \n (S d.4.16 wl"* S Public Parking Inventory Percentage Full Restricted Counts when we overflow Number of Cars Availability Users Advertised available Skier /Employee Garages Vail Village Structure 1233 24/7 N Y Y 95 100 Public Parking 1015 Shopper lot 53 value Lot 165 Lionshead Parking 1112 24/7 N Y Y 95 100 Public Parking 1015 Shopper Parking 24 Value Parking 73 Soccer Field 65 18/7 Y Y Y 100 100 Ford Park 245 18/7 Y Employee East Lot 160 Y Y 100 85 Valet Lot 85 N Y 100 100 Other Parking Lots 185 Wendys Lot 75 18/7 Y/5 Y Y 100 85 Golf course Clubhouse 65 18/7 N N Y 100 100 Municipal Building 45 18/2 N N Y 100 100 Parks 168 Donovon Park 120 18/ ? ?? N Y Y 100 100 Red Sandstone Park 18 18/7 N Y 100 125 Stephens Park 12 1817 N Y 80 100 Big Horn Park 18 18/7 N N 50 50 Trail Heads 73 North Trail 12 1817 N Y Y 75 100 Buffher Creek 8 1817 N N 60 50 Red Sandstone Road 8 18/7 N N 60 50 Spraddle Creek 12 18/7 N Y 80 100 East Vail Interchange 18 18/7 N Y 90 150 Big Horn Road Main Gore Circle 15 1817 N N 50 50 Frontage Road Parking 220 West of West Vail Roundabout 100 18/7 Y/5 Y Y 100 90 Safeway 80 18/3 N Y Y 100 100 Middle Creek 40 18/7 Y/7 Y Y 100 25 Overflow Frontage Road Parking 18 /overflow 95 0 Main roundabout West 350 Y Hellipad to Vail Resorts Curve 100 Maintenance to Cascade Village 100 West of Donovon Park 150 Main Roundabout East 670 Y Roundabout to Blue Cow Chute 80 Blue Cow Chute to Ford Park 90 Ford Park to Pulis Bridge 100 Pulis Bridge to Aspen Lane 400 Extreme Overflow 1125 West Frontage Road West Vail Roundabout to Intermountain 300 East Frontage Road Bald Mountain to East Vail Interchange 225 Big Horn Road East Vail Interchange to Main Gore 600 Total 4321 Total with Extreme 5632 i S '� 2008 -2009 P L Estimated and Observered 6W,Otl�1+�� Cars not Total cars Total Cars included as as in the Total cars Counted reported Frontage as Golf Municipal and on the Road counted Trail Head Park Course Lot Adjusted Road Total only Parking Parking Parking Parking 925 715 210 756 50 30 65 45 903 688 215 50 30 65 45 756 603 153 708 50 30 65 45 Adjusted count 708 528 180 50 30 65 45 708 501 207 642 50 30 65 45 Does not include Wendys or 642 495 147 630 50 30 65 45 North Frontage Road 630 414 216 557 50 30 65 45 557 405 152 550 50 30 65 45 Does not include Wendys, 550 363 187 530 50 30 65 45 North Frontage Road and 10th 530 361 1 169 50 30 65 45 Donovan 521 342 179 489 50 30 65 45 497 332 165 456 50 30 65 45 489 327 162 375 50 30 65 45 456 290 166 366 50 30 65 45 15th 442 284 158 362 50 30 65 45 439 275 164 50 30 65 45 420 274 146 336 50 30 65 45 408 249 159 50 30 65 45 375 245 130 50 30 65 45 366 229 137 50 30 65 45 362 208 154 50 30 65 45 336 146 190 50 30 65 45 301 136 165 50 30 65 45 260 108 152 50 30 65 45 252 50 30 65 45 247 50 30 65 45 231 50 30 65 45 221 50 30 65 45 189 50 30 65 45 189 50 30 65 45 182 50 30 65 45 179 50 30 65 45 177 50 30 65 45 175 50 30 65 45 175 50 30 65 45 174 50 30 65 45 174 50 30 65 45 173 50 30 65 45 172 50 30 65 45 170 50 30 65 45 167 50 30 65 45 167 50 30 65 45 163 50 30 65 45 162 50 30 65 45 161 50 30 65 45 161 50 30 65 45 160 50 30 65 45 159 50 30 65 45 157 50 30 65 45 157 50 30 65 45 157 50 30 65 45 157 50 30 65 45 155 50 30 65 45 154 50 30 65 45 154 50 30 65 45 149 50 30 65 45 148 50 30 65 45 146 50 30 65 45 146 50 30 65 45 146 50 30 65 45 144 50 30 65 45 142 50 30 65 45 141 50 30 65 45 141 50 30 65 45 141 50 30 65 45 140 50 30 65 45 140 50 30 65 45 140 50 30 65 45 138 50 30 65 45 137 50 30 65 45 137 50 30 65 45 135 50 30 65 45 135 50 30 65 45 134 50 30 65 45 134 50 30 65 45 132 50 30 65 45 131 50 30 65 45 130 50 30 65 45 123 50 30 65 45 122 50 30 65 45 121 50 30 65 45 118 50 30 65 45 118 50 30 65 45 105 50 30 65 45 105 50 30 65 45 89 50 30 65 45 86 50 30 65 45 86 50 30 65 45 79 50 30 65 45 78 50 30 65 45 78 50 30 65 45 77 50 30 65 45 74 50 30 65 45 74 50 30 65 45 73 50 30 65 45 71 50 30 65 45 71 50 30 65 45 65 50 30 65 45 2008 -2009 Public Parking Overflow Totals Date Day of Week Grand Total 1/9/2009 Friday 1070 1/2/2009 Friday 1048 1/3/2009 Saturday 946 1/4/2009 Sunday 898 1/5/2009 Friday 853 1/31/2009 Saturday 832 1/17/2009 Saturday 820 Top 15 Days Average 791 cars 1/18/2009 Saturday 740 1/30/2009 Friday 702 12/14/2008 Sunday 687 12/15/2008 Saturday 679 1/8/8009 Thursday 675 1/9/8009 Tuesday 666 1/24/2009 Saturday 632 12/13/2008 baturday 610 15th day 12/14/2008 Friday 601 12/29/2008 Monday 584 1/1/2009 Thursday 565 1/2/2009 Sunday 556 12/31/2008 Wednesday 553 1/18/2009 Sunday 526 12/30/2008 Tuesday 507 2/7/2009 Saturday 491 2/8/2009 Sunday 450 2/9/2009 Saturday 442 25th day if added 400 spaces 1/16/2009 Friday 392 1/25/2009 Sunday 379 1/26/2009 Thursday 376 1/27/2009 Saturday 372 1/28/2009 Saturday 367 1/29/2009 Friday 366 1/30/2009 Sunday 364 1/31/2009 Sunday 362 2/1/2009 Sunday 339 2/2/2009 Wednesday 334 2/8/2009 Sunday 330 2/9/2009 Friday 324 2/10/2009 Wednesday 320 2111/2009 Thursday 320 2/12/2009 Monday 319 2/6/2009 Friday 318 2/7/2009 Wednesday 315 2/812009 Sunday 313 1/27/2009 Tuesday 312 1/28/2009 Monday 312 1/29/2009 Saturday 311 1/30/2009 Tuesday 308 1/31/2009 Thursday 307 2/11/2009 Wednesday 306 2/12/2009 Monday 306 1/13/2009 Tuesday 305 1/14/2009 Wednesday 304 1/14/2009 Wednesday 302 2/4/2009 Wednesday 302 215/2009 Thursday 302 2/6/2009 Monday 302 2/7/2009 Tuesday 300 2/8/2009 Tuesday 299 1/1012009 Saturday 295 1/11/2009 Monday 293 1/23/2009 Friday 291 1/26/2009 Monday 291 1/28/2009 Wednesday 291 1/19/2009 Monday 289 1/15/2009 Thursday 287 1/16/2009 Friday 286 1/17/2009 Friday 286 1/18/2009 Monday 286 2/9/2009 Monday 285 2/10/2009 Friday 285 2110/2009 Tuesday 283 2/3/2009 Tuesday 282 2/4/2009 Monday 282 2/2/2009 Monday 280 2/3/2009 Monday 280 2/4/2009 Saturday 279 2/5/2009 Tuesday 279 2/6/2009 Tuesday 279 2/7/2009 Wednesday 277 2/8/2009 Tuesday 276 2/9/2009 Sunday 276 1/20/2009 Tuesday 275 1/21/2009 Wednesday 267 1/12/2009 Monday 263 1/13/2009 Thursday 263 1/14/2009 Wednesday 250 1/29/2009 Thursday 231 1/30/2009 Tuesday 224 1/22/2009 Thursday 223 1/23/2009 Monday 223 1/24/2009 Thursday 222 1/25/2009 Thursday 219 1/26/2009 Wednesday 219 2/5/2009 Thursday 218 2/6/2009 Thursday 216 2/7/2009 Wednesday 216 2/8/2009 Thursday 210 1/11/2009 Sunday 190 1/12/2009 Sunday 190 1113/2009 Sunday 190 1/14/2009 Saturday 190 1/15/2009 Saturday 190 1/16/2009 Sunday 154 39302 VAIL P UBLIC PARKING INVENTORY r West Vail Red North 0 0 Vail Exit Q No.173 (West Entrance) �' `a _ ` O;:_ G Cascade Fronta9e�'d 1 ionsheatl t go,� � Village O � Gore Creek Dc West Vail Green South Intermountain Sandstone Pedestrian Q N orth Fr 9e `• onta Rd. Vail Exit O No. 76 (Main Entrance) r !� Vail Exit No. 7 a. (Cast Entrance) - a U _ Soutl, Frontag Rd' Golf Course `- Ford Park E3 Vail vad�apey pt Village Golden e Golf Course Peak Vail PARKING STR. 2345 LH- LIONSHEAD 1112 VV- VAIL VILLAGE 1233 TOWN LOTS 500 I- WENDY'S LOT 75 II- MUNICIPAL BLDG. 45 III- SOCCER FIELD 65 IV- FORD PARK 250 V- GOLF COURSE 65 PARK LOTS 168 A- STEPHENS 12 B- DOI�A�VAN 120 C- REDS �SSANDSTONE 18 D- BIGHORN .18 ® TRAIL HEAD 73 1- NORTH TRAIL 12 2- BUFFEHR CREEK 8 3 -RED SANDSTONE 8 4- SPRADDLE CREEK 12 5- EAST VAIL EXIT 18 6- BIGHORN 15 FRONTAGE RD PERMIT 220 WEST OF WV RDABT 100 SAFEWAY 80 MIDDLE CREEK 40 FR0AITAGE IUD EXTI.E1t1E OVERFLOW 112.1 WV RDABT TO INTERMTN 300 BALD MTN RD TO EAST 80 VAIL INTERCHANGE 225 EAST VAIL INTER- CHANGE 100 TO MAIN GORE (BOTH SIDES) 600 East Vail 6 FRONTAGE RD OVERFLOW 1020 WEST OF DONAVAN PARK 150 CASCADE TO VR CURVE 100 VR CURVE TO HELIPAD 80 MV RDABT TO VVD 90 VVD TO FORD PARK 100 FORD PARK TO PULIS BRIDGE 100 PULIS BRIDGE TO ASPEN LANE 400 TOTAL PUBLIC SPACES WITH OVERFLOW: 4326 TOTAL POSSIBLE WITH EXTREME OVERFLOW: 5431 VAIL PRIVATE PARKING INVENTORY /2/_010 _ o West MI Rod %rth Vail Exit flo.173 (Westln4anrs) ''34% Casrad rte � " E' Lions�raEl °. 10 �,An VillagE: Creek Ut: West vail Green Soldh InlermoEmtain Sandstone hidesb ho ovnrgass Vail Exit flu. .76 (Mum FiAnvice) d ti7J'!a /�0, 3i _ }C ` :►a�.�7. ao" Ford [lark VillagE: �� _ 0 4 El �) Golden Peak Vail PRIVATE PARKING 660 VAIL RESORTS EMPLOYEE LOTS 380 1- CASCADE PARKING 100 A- VR HOLY CROSS/ 225 2- ARRABELLE PARKING CLUB 100. MAINTENANCE LOT 50 3- SOLARIS PARKING 80 B- NORTH DAY LOT 105 (300 TOTAL) 4- VAIL VILLAGE CLUB 100 5- FOUNDERS PARKING 100 6- GOLD PEAK 140 7- MANOR VAIL 40 Golf Course Vail. Exit Golf Coursr. E.astVtil `r' M. iV f3i7 4!� T' i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 2, 2010 ITEM /TOPIC: Matters from Mayor & Council. PRESENTER(S): Town Council \n 2/2/2010 \n M. iV f3i7 4!� T' i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 2, 2010 ITEM /TOPIC: Executive Session, pursuant to: 1) C.R.S. §24- 6- 402(4)(b)(e) - to receive legal advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators, Re: Proposed amendments to the Core Site Employee Housing Agreement dated as of December 18, 2007, between the Town and the Vail Corporation, d /b /a Vail Associates, Inc. PRESENTER(S): Matt Mire \n 2/2/2010 \n