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HomeMy WebLinkAbout2019-01-14 PEC0 PLANNING AND ENVIRONMENTAL COMMISSION TOW?J OF ffl January 14, 2019, 1:00 PM Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 Call to Order 1. 1. Attendance Present: Ludwig Kurz, Karen Perez, Pam Hopkins, Brian Stockmar, Rollie Kjesbo and Brian Gillette (arrived at 1:05PM) Absent: John -Ryan Lockman Main Agenda 2.1. A request for a recommendation to the Vail Town Council for a Prescribed 2 min. Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to allow for an increase in the maximum size of a Type III Employee Housing Unit. (PEC18-0031) The applicant has requested this item be continued to the a future regularly scheduled meeting of the Planning and Environmental Commission. This item will be re -noticed at that time. Applicant: Mauriello Planning Group Planner: Chris Neubecker Karen Perez moved to table to a future date. Ludwig Kurz seconded the motion and it passed (5-0). Absent: (2) Gillette, Lockman 2.2. A request for a recommendation to the Vail Town Council for a Prescribed 2 min. Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 14-10-5, Building Materials and Design, Vail Town Code, and Section 14-10-8, Landscaping, Drainage and Erosion Control, Vail Town Code, relating to wildfire protection and the proposed adoption of the International Wildland Urban Interface Code, and setting forth details in regard thereto. (PEC18-0035) The applicant has requested this item be tabled to the January 28, 2019 regularly scheduled meeting of the Planning and Environmental Commission. Applicant: Vail Fire & Emergency Services Planner: Chris Neubecker Ludwig Kurz moved to table to January 28, 2019. Pam Hopkins seconded the motion and it passed (5-0). Absent: (2) Gillette, Lockman 2.3. A request for review of Major Exterior Alteration, pursuant to Section 12-7H- 2 min. 7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0034) The applicant requests that this item be tabled to the January 28, 2019 PEC meeting. Applicant: Lazier Lionshead LLC, represented by Braun Associates Inc. Planner: Jonathan Spence Pam Hopkins moved to table to January 28, 2019. Ludwig Kurz seconded the motion and it passed (5-0). Absent: (2) Gillette, Lockman 2.4. A request for the review a variance from Section 12-7H-10, Setbacks, Vail 2 min. Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a side setback of zero feet (0') where ten feet (10') is required for a new multifamily structure, located at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC 18-0036) The applicant requests that this item be tabled to the January 28, 2019 PEC meeting. Applicant: Lazier Lionshead LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence Ludwig Kurz moved to table to January 28, 2019. Pam Hopkins seconded the motion and it passed (6-0). Absent: (1) Lockman 2.5. A request for a recommendation to the Vail Town Council for a review of the 10 min. Vail Land Use Plan map amendment, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the designation of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Medium Density Residential, and setting forth details in regard thereto. (PEC 18-0046) Applicant: Town of Vail Planner: Jonathan Spence Jonathan Spence gave a presentation on Items 2.5 and 2.6 together. They will require separate motions, but will be presented and discussed together. Spence presented the Land Use Plan map, and zoning map. There is no zoning designation on this property. The Town's maps do not have a designation for Land Use or Zoning for this site. Proposal is to apply the same Land Use and Zoning as the adjacent property. This site is part of the Bighorn Townhouses development lot. Medium Density Residential zoning is proposed. Garages for the townhouses are planned by the applicant. Hopkins — Is this still in the avalanche zone? Spence — No — Previously this was in avalanche zone. As a result, the property was transferred to the Town. The map was later amended, based on additional studies. None of these parcels are within Red Avalanche areas. Stockmar — The plat shows a roadway circle. Has that been vacated? Spence — No, not yet. It is planned to be vacated in the future. Dominic Mauriello, representative for Bighorn Townhome Association - . Staff's memo was comprehensive. We have nothing to add. Public Comment — None Ludwig Kurz moved to approve. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Lockman 2.6. A request for a recommendation to the Vail Town Council for a zone district 10 min. boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Low Density Multi -Family District and setting forth details in regard thereto. (PEC18-0039) Applicant: Bighorn Townhouse Association, represented by Mauriello Planning Group Planner: Jonathan Spence Public Comment - None Brian Gillette moved to approve. Ludwig Kurz seconded the motion and it passed (6-0). Absent: (1) Lockman 2.7. A request for the review a variance from Section 12-6F-6, Setbacks, Vail 10 min. Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a rear setback of zero feet (0') where twenty feet (20') is required for a detached garage, located at 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968), and setting forth details in regard thereto. (PEC 18-0038) Applicant: Bighorn Townhouse Association, represented by Mauriello Planning Group Planner: Jonathan Spence 1. "Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal; and 2. The applicant shall clearly demonstrate, via an Improvement Location Certificate (ILC), to the Community Development Department prior to requesting a final planning inspection that improvements have been constructed per plan." 3. Prior to submitting an application for a building permit, they applicant shall record with the Eagle County Clerk and Recorder an amended plat for the subject property which removes the 30' wide road easement that currently encumbers the property. This plat shall include a note that conveys that the subject parcel is not a stand alone development site but rather a part of the Bighorn Townhouse Development Lot. Spence described the proposal. It will be contingent upon the applicant successfully obtaining approvals for Items 2.5 and 2.6, on the zoning and Land Use Map amendment. The applicant has considered several designs for possible garages. The proposed design and layout was deemed the most appropriate. I n the past, lack of an enclosed garage has been deemed a hardship. Dominic Mauriello, representative for Bighorn Townhome Association. — There are 8 units on the property, but only 6 units are allowed. Owners have had to obtain a number of variances, due to some nonconforming conditions. Owners have determined that they did not want additional units, but have focused on building garages. Lack of a garage has been deemed a hardship in this neighborhood in the past. These buildings were built before annexation into the Town. Setbacks we changed for this property after construction of the units. Mauriello showed a map showing the areas of encroachment. He showed how one garage on the south side of the lot would encroach into the setback. The proposed layout was decided to be the best solution. The adjacent property is open space, and not a developed lot. Perez — Does the Town of Vail own Tract C and D? Mauriello — Yes. We felt it was best to maintain the setback on the north, near the road. But feel it's reasonable for the setback variance on the south. There are examples of other properties with similar variances. Perez- Please explain the road easement. If this is vacated, Tract C will not have legal access to a right-of-way. Mauriello — We are only asking to vacate the part of the easement on Bighorn Townhomes property, not that portion on Town property. Perez — My question is if Tract C would be left landlocked if the easement is vacated. Mauriello — Tract C and D are owned by the Town. Access could be provided across Tract D. Perez — Where is Tract A and B? Mauriello — They are the parcels that the Bighorn Townhouses sit on. Public Comment - None Ludwig Kurz moved to approve with conditions. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Lockman 2.8. A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to allow for a subdivision to reconfigure the property line between 2420 Chamonix Road/Parcel D, Chamonix Vail Community (previously known as Parcel B, Vail Das Schone Filing 1), and the 2399 N. Frontage Road W/Vail Das Schone Filing 1, Parcel A, a resubdivision of Tract D, and setting forth details in regard thereto. (PEC18- 0042) This application has been withdrawn. Applicant: Town of Vail, represented by George Ruther Planner: Chris Neubecker 2.9. A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of 2399 N. Frontage Road W./Vail Das Schone Filing 1, Parcel and setting forth details in regard thereto. The rezoning will change a portion of the site from General Use (GU) to Housing (H). (PEC18-0043) This application has been withdrawn. Applicant: Town of Vail, represented by George Ruther Planner: Chris Neubecker 2.10. A request for issuance of a conditional use permit pursuant to Section 12- 61-3, Conditional Uses, Vail Town Code, pursuant to the requirements of Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, to allow for the development of market rate dwelling units within the Housing (H) zone district, located at 2420 Chamonix Road/Parcel D, Chamonix Vail Community (previously known as Parcel B, Vail Das Schone Filing 1) and setting forth details in regard thereto. (PEC18-0044) This application has been withdrawn. Applicant: Town of Vail, represented by George Ruther Planner: Chris Neubecker 2.11. A request for review of a Development Plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code, for the construction of dwelling units and one Employee Housing Unit (EHU) located at 2420 Chamonix Road/Parcel D, Chamonix Vail Development, (previously known as Parcel B, Vail Das Schone Filing 1), and setting forth details thereto. (PEC 18-0045) This application has been withdrawn. Applicant: Town of Vail, represented by George Ruther Planner: Chris Neubecker 2.12. A request for a variance from Section 12-21-10, Development Restricted, Vail Town Code, pursuant to Title 12, Chapter 17, Variances, Vail Town Code, to allow for the construction of a two-family structure with attached Employee Housing Unit on a slope of forty percent (40%) or greater, located at 2420 Chamonix Road/Parcel D, Chamonix Vail Community (previously known as Parcel B, Vail Das Schone Filing 1), and setting forth details thereto. (PEC18-0047) This application has been withdrawn. Applicant: Town of Vail, represented by George Ruther Planner: Chris Neubecker 3. Approval of Minutes 3.1. December 10, 2018 PEC Results Ludwig Kurz moved to approve. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Lockman 4. Adjournment Karen Perez moved to adjourn. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Lockman 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. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: January 14, 2019 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to allow for an increase in the maximum size of a Type III Employee Housing Unit. (PEC18-0031) The applicant has requested this item be continued to the a future regularly scheduled meeting of the Planning and Environmental Commission. This item will be re -noticed at that time. ATTACHMENTS: File Name Description PEC18-0031 EHU Type III Text Amendment Staff Memo.pdf Staff Memorandum Applicant Narrative Type III EHU Text Amendment.pdf Attachment A - Applicant Narrative TOWN OF Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 10, 2018 SUBJECT: A request for a recommendation to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to allow for an increase in the maximum size of a Type III Employee Housing Unit. (PEC18-0031). Applicant: Simon Hamui, represented by Mauriello Planning Group Planner: Chris Neubecker SUMMARY The applicant, Simon Hamui, represented by Mauriello Planning Group, requests the review of a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to allow for an increase in the maximum size of a Type III Employee Housing Unit from 1,200 square feet to 2,500 square feet. II. DESCRIPTION OF REQUEST The applicant is proposing to amend the chart in Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to increase the maximum size of a Type III Employee Housing Unit (EHU) from 1,200 square feet to 2,500 square feet. The only proposed change to the regulations is the size of this one type of EHU. The current regulations state: `A. Dwelling unit: 300 sq. ft. minimum and 1, 200 sq. ft. maximum." III. BACKGROUND In January 1990, the Town of Vail requested that Town staff develop a series of policies and recommendations to address the community's need to expand the supply of affordable housing for both year round and seasonal residents. As part of this initiative, the Town also commissioned an Affordable Housing Study ("Study"). One of the recommendations of the Study was the to define an Affordable Housing Unit, which was recommended to range from 450 to 900 square feet in size, and which would be counted as 0.5 dwelling units for purposes of density. These affordable housing units were proposed in the following zone districts: Residential Cluster (RC), Low Density Multiple -Family (LDMF), Medium Density Multiple Family (MDMF), High Density Multiple -Family (HDMF), Commercial Core I (CC1), Commercial Core II (CC2), Commercial Core III (CC3), Commercial Service Center (CSC), Arterial Business District (ABD), Public Use District (PUD). On September 1, 1992 the Vail Town Council adopted Ordinance 9, Series of 1992. This ordinance created a new chapter in the Vail Town Code on Employee Housing. The ordinance placed size limits on Type III EHUs ranging from 450 to 900 square feet. The new regulations also assigned a density of 0.5 dwelling units to each Type III EHU. This ordinance included the same zone districts as recommended in the Affordable Housing Study, with two additional zone districts. The ordinance allowed Type III EHUs in the following zone districts: Residential Cluster (RC), Low Density Multiple -Family (LDMF), Medium Density Multiple Family (MDMF), High Density Multiple -Family (HDMF), Public Accommodation (PA), Commercial Core I (CC1), Commercial Core II (CC2), Commercial Core III (CC3), Commercial Service Center (CSC), Arterial Business District (ABD), Parking District (P), Public Use (PUD), and Ski Base/Recreation (SBR). On July 19, 1994, the Vail Town Council adopted Ordinance 14, Series of 1994. This ordinance reiterated that a Type III EHU shall be between 450 and 900 square feet, and was calculated as 0.5 dwelling units for purposes of density. The largest EHUs at the time were Type I EHUs, which were allowed in the Primary/Secondary (PS) zone district and were allowed to be up to 40% of the allowable Gross Residential Floor Area (GRFA). Within the Hillside Residential (HR) zone district, Type V EHUs were allowed up to 1,200 square feet. In each case, the EHU was counted as 1.0 units of density. On April 18, 2000, the Vail Town Council adopted Ordinance 6, Series of 2000, which repealed and re-enacted Title 12, Chapter 13, relating to Employee Housing. As part of this ordinance, the size limit for Type III EHUs was increased from 900 square feet to 1,200 square feet. These changes were adopted partly in response to the Vail Tomorrow planning process, where the community indicated support for providing more incentives for private developers to create employee housing units. Town of Vail Page 2 IV. PROPOSED TEXT AMENDMENT LANGUAGE The Prescribed Regulation Amendment is proposed to amend the one sentence in the existing chart within Section 12-13-4. EHU Zoning Districts Permitted By Right Ownership / Transference Additional GRFA Additional Site Coverage/ Reduced Landscape Area Garage Credit / Storage Requirement Parking Minimum/ Maximum GRFA Of An EHU Density Type The EHU may be The EHU is n/a n/a Per The EHU III sold or transferred excluded from chapter 10 A. Dwelling is excluded separately. the calculation of this title unit: 300 sq. from the of GRFA. as a ft. minimum calculation dwelling and X09 of density. unit. 2,500 sq. ft. maximum B. Dormitory unit: 200 sq. ft. minimum for each person occupying the EHU. V. ROLES OF REVIEWING BODIES Order of Review: Generally, prescribed regulations amendment applications will be reviewed by the Planning and Environmental Commission, and the Commission will forward a recommendation to the Town Council. The Town Council will then review the prescribed regulations amendment application. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a prescribed regulations amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a prescribed regulations amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a prescribed regulations amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate Town of Vail Page 3 requirements of the Town Code. Staff also prov des the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. VI. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the adopted master plans and Vail Town Code are relevant to the review of this proposal: Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose.- A. urpose: 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. urposes: 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. Town of Vail Page 4 12-13-1: PURPOSE: The town's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistently available work force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability and affordability of housing plays a critical role in creating quality living and working conditions for the community's work force. The town recognizes a permanent, year round population plays an important role in sustaining a healthy, viable community. Further, the town recognizes its role in conjunction with the private sector in ensuring housing is available. (Ord. 9(2007) § 1) 12-13-2: APPLICABILITY: A. The requirements of this chapter shall be in addition to the requirements set forth in each zone district where employee housing units (EHUs) are permitted or required, subject to subsection C of this section. B. Where the provisions of this chapter conflict with the provisions of any other chapter, the provisions of this chapter shall control, subject to subsection C of this section. C. This chapter shall not apply to any EHU constructed on or after May 1, 2007, in any zone district that is subject to the requirements of chapter 23 or 24 of this title. (Ord. 9(2007) § 1) 12-13-3: GENERAL REQUIREMENTS: A. Deed Restriction, Occupancy Limitations, And Reporting Requirements - Types 1 11 111, And V.- 1. : 1. No EHU shall be subdivided or divided into any form of timeshare, interval ownerships, or fractional fee. 2. For EHUs which are required to be leased, they shall only be leased to and occupied by tenants who are full time employees who work in Eagle County. An EHU shall not be leased for a period less than thirty (30) consecutive days. An EHU shall be continuously rented and shall not remain vacant for a period to exceed three (3) consecutive months. 3. Thirty (30) days prior to the transfer of a deed for an EHU, the prospective purchaser shall submit an application to the administrator documenting that the prospective purchaser meets the criteria set forth herein and shall include an affidavit affirming that he/she meets these criteria. Town of Vail Page 5 4. No later than February 1 of each year, the owner of an EHU shall submit a sworn affidavit on a form provided by the town to the community development department containing the following information.- a. nformation: a. Evidence to establish that the EHU has been occupied throughout the year by an employee,- b. mployee,b. The rental rate,- c. ate,c. The employer; and d. Evidence to demonstrate that at least one tenant residing in the EHU is an employee. 5. The deed restriction setting forth the provisions of this subsection A shall be provided by the town. Said deed restriction shall run with the land and shall not be amended or terminated without the written approval of the Vail town council. Said restriction shall be recorded by the town at the Eagle County clerk and recorder's office prior to the issuance of a certificate of occupancy. B. Development Standards.- 1. tandards: 1. No structure containing an EHU shall exceed the maximum GRFA permitted in this title except as specifically provided herein. 2. All trash facilities shall be enclosed. 3. All surface parking shall comply with chapter 11 of this title. 4. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit it may be attached to. 5. An EHU may be located in, or attached to, an existing garage (existing on or before April 18, 2000, and whether located in a required setback or not), provided that no existing parking required by this code is reduced or eliminated. A type 1 EHU of five hundred (500) square feet or less of GRFA may be considered for physical separation from the primary unit, if it is constructed in conjunction with a two (2) car garage and is otherwise compatible with the surrounding properties, does not have an adverse impact on vegetation, and does not dominate the street. The design review board shall review such requests for separation. 6. All EHUs must contain a kitchen or kitchenette and a bathroom. 7. Occupancy of an EHU shall be limited to the maximum of two (2) persons per bedroom. C. Application Requirements.- 1. equirements:1. Applicants for a conditional use permit for the purpose of constructing EHUs shall not be required to pay a conditional use permit application fee or design review application fee. Town of Vail Page 6 2. A development review application for a conditional use permit for the purpose of constructing EHUs is subject to review and approval by the planning and environmental commission as provided in chapter 16 of this title. 3. EHU applications which do not require a conditional use permit shall be reviewed by the department of community development subject to a design review application. 4. A development review application for a type 11 EHU shall include the signatures of all owners of the property (i.e., both sides of a duplex) or there shall be a letter accompanying the application from all owners agreeing to the addition of an EHU. Applications will not be accepted unless this provision is met. 5. Any existing legal nonconforming dwelling unit in the town may be converted to an EHU administratively by the town without obtaining a conditional use permit. Dwelling units and lock off units which exist as of the date hereof but which are nonconforming with respect to density and GRFA may be converted to a conforming EHU administratively by the town, as long as they otherwise comply with the development standards and parking requirements found herein and comply with the town's building code requirements. Upon being converted to an EHU per this section, such dwelling unit shall be considered a legally conforming EHU and shall be governed by all requirements of this chapter. D. Enforcement: All EHUs governed by this chapter shall be operated and maintained in accordance with this title. Failure to do so may result in enforcement proceedings in a court of competent jurisdiction and in accordance with chapter 3 of this title. E. Written Management Plan For Type VI EHUs: For the purposes of this title, a type VI EHU is an EHU which shall be governed by a written management plan or other written program approved by the planning and environmental commission. The management plan is the principal document in guiding the use of a type VI EHU. The management plan shall be reviewed and approved by the planning and environmental commission as part of the conditional use permit application for a type VI EHU in accordance with chapter 16 of this title. 1. Management Plan Contents.- a. ontents:a. Parameters: The management plan shall include all relevant material and information necessary to establish the parameters of the type VI EHUs. b. Exclusive Use: The management plan shall demonstrate that the type VI EHUs are exclusively used for and remain available for employee housing. c. Notice Of Record: The management plan shall provide a mechanism to provide adequate notice of record to prospective owners to ensure that the requirements of the plan shall be met with any future changes in ownership. d. Occupancy: The management plan shall include adequate provisions to ensure that the EHUs shall be occupied, and shall not remain vacant for a period to exceed three (3) consecutive months. Town of Vail Page 7 e. Affidavit: No later than February 1 of each year, the owner of a type VI EHU shall submit to the department of community development one copy of a sworn affidavit on a form from the department of community development, to establish that the EHU has been used in compliance with the management plan. f. Other Items: The management plan shall include such other items as the planning and environmental commission or the administrator deems necessary. 2. Amendments: Amendments to an approved management plan shall be reviewed by the planning and environmental commission in accordance with this section. 3. Findings: In addition to the findings in subsection 12-16-68 of this title, the planning and environmental commission shall make the following findings before approving a management plan.- a. lan:a. That the management plan is in accordance with the intent and purposes of this chapter and chapter 6, article 1 of this title. b. That the management plan effectively provides employee housing. c. That the management plan effectively provides for adequate notice to prospective owners of the requirements of the management plan and the occupancy requirements for a type VI EHU. 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N N p i N O E W O O O O (0 .Q) E. aZ) Q) E N O N N pvi N N 0 0 0Q) °'`° '`° '`° '`° -coo a U U U U O) � O O O O O U 1— ,O ,O I =WUUUU QJJ O O H 5 5 m �— Z-- ?--,E S U �C_) 'm E O O H a\ \ »� 2 LUa % m� a\ e%m2c 6 § a E § 04 �\\ ƒ\ oQa §¥§# INa \ co k ; \- \�% CJ \/ Q) � co / t&/o §7 $%/¥\§# CL -a coE�a,N a \ f c a\� \k�/ %\\\ 6§a\ m%R±y®R . \Co I¥}t\\ƒ\f ems°Z)a-n 6\/I\/[/\ / \/ ^> a ccm 6 (\ a� # om am§ SS\ ccE ® a 22 22 /SSSS% \\o \ Vim%$$$$ § ¥¥§ \))[ G§? \\ a ebC.) 3\\8 ®®§ aZ3 m %%%\ba Q) m000Q) mmm®b% @ coca z 2 G\/c �.\\2EEEE32\\2 mm2 �E�33EEEEc%cc3 ��G\\c �f/\////3\\\\a\\��\§ \04/\c�\§ e Q o » a oww� �S'E§\ Town Council Action Plan 2018-2020 Our Mission.- Grow ission: Grow a vibrant, diverse economy and community and preserve our surrounding natural environment, providing our citizens and guests with exceptional services and an abundance of premier recreational, cultural and educational opportunities. Community - Goals Engage our community in honoring social, recreational, cultural, and educational values that will guide sustainable strategies throughout our neighborhoods as the foundation of our town's continued success. Ensure that our citizens are afforded the opportunity to live and thrive in our community. • Balanced community composition • Housing as necessary infrastructure to our community Vail 2020 Strategic Action Plan Land Use Goal #4: Provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. • Address the zoning regulations to provide more incentives for developers to build employee housing units. Environmental Sustainability • Support employee housing initiatives in order to reduce trips into Vail. Housing Goal: The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. Vail Land Use Plan 1. General Growth / Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3. The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5. Residential 5.3. Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. 5.5. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Vail Housing 2027 "The Town of Vail will acquire 1,000 additional resident housing unit deed restrictions by the year 2027. " VII. ISSUES FOR CONSIDERATION Purpose of Size Limits - Staff has researched the records on employee housing, but we could find no definitive reason for the size limit of 1,200 square feet. In 1990, the Town of Vail commissioned the Vail Affordable Housing Study. This study recommended a definition of Affordable Housing Unit, which was proposed to range from 450 — 900 square feet. The purpose of this section of the study was "to encourage the provision of affordable housing units in a manner which is cost effective and at the same time provides a quality living environment for its occupants in a manner that is sensitive to a neighborhood's scale, density, and overall design." Staff can only speculate that in 1992 there was intent to place both lower and upper size limits on Type III EHUs. The lower limit of 450 square feet would ensure that units meet minimum sizes for livability. The upper limit of 900 square feet may have been included to encourage more units of reasonable size, and to keep units affordable. However, we have not found evidence in the Town's records to confirm this theory. In 2000, the size limit was increased to 1,200 square feet in response to community support during the Vail Tomorrow process to create more incentives for private developers to create employee housing. More units of smaller size, which tend to be less expensive than larger units, would help to address the housing needs for workers on the lower end of the pay scale (retail, restaurant, lodging, skier services, and other service workers, for example). Larger EHUs would more likely be occupied by groups of workers, or by employees earning higher wages. Diversity of Housing Sizes — The proposal to increase the size limit for Type III EHUs could result in some larger dwelling units. From a policy perspective, larger units may be considered either positive or negative. Larger units could allow families with children Town of Vail Page 14 to reside in EHUs, and may prevent some employees and families from moving down valley to obtain larger homes that they can afford. On the negative side, larger units would likely be less affordable, and may be occupied by workers who might also be able to afford a market rate unit, thereby competing with people who may need more housing assistance. Smaller EHUs would help to keep the prices down, while larger units help address a different segment of the employee housing market that are limited in supply, those being affordable or deed -restricted EHUs for families. The recently completed Chamonix Vail neighborhood is an example of some larger EHUs. Homes in Chamonix Vail range from 1,143 square feet to 2,002 square feet. Affordability — As mentioned above, smaller EHUs will tend to be less expensive than larger units, subject to location, quality and amenities. While Type III EHUs are not controlled for rental or sales price, larger units will likely cost more, and will be targeted to a different buyer or tenant. Impacts on Mass and Scale — Type III EHUs are not counted as density, and do not count towards the Gross Residential Floor Area (GRFA) of the property. As a result, allowing larger Type III EHUs could result in larger buildings. Developments will still have to meet the established requirements for site coverage, building height, and setbacks. It is important to point out that Type III EHUs are allowed primarily in higher density areas of town, including multiple family, accommodation and commercial zone districts. The types of structures most common in these zone districts are multiple family structures, and enlarging existing Type III EHUs in existing buildings may be difficult. Alternatives to Code Amendment — In addition to amending the current code, one alternative would be for applicants wishing to build larger Type III EHUs to seek a variance. This route would be preferable over changing the Town Code for one applicant, if there were some unique circumstance applicable to one property. However, there may be other applicants that wish to take advantage of the proposed policy amendment. In addition, the variance criteria are intended to address physical hardships relating to the land, building or property. The applicant is not claiming any particular hardship with the current size limit of 1,200 square feet. VIII. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Staff finds the prescribed regulation amendment furthers the general and specific purposes of the zoning regulations by promoting a variety of employee housing sizes, which helps to address the desire for a variety of residents in the community, while maintaining established community qualities and economic values. Staff finds that this criterion has been met. Town of Vail Page 15 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Staff finds that the proposed prescribed regulations amendment will better implement or achieve some applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan. Specifically in the Vail Land Use Plan's adopted Goals and Policies, Town Council Action Plan 2018-2020 goals for creating a balanced community, and the Vail 2020 Strategic Action Plan. The most relevant sections of the Vail Land Use Plan include the following statements: 1. General Growth /Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3. The quality of development should be maintained and upgraded whenever possible. 5. Residential 5.3. Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. 5.5. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Staff finds that this criterion has been met. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Conditions have changed since adoption of the subject regulations. Housing is more of a concern today than it was when the existing policy was adopted, and the price and availability of housing is raised as a top concern to the business community relating to employee attraction and retention. The Town has attempted, with the recent development of the Chamonix Vail neighborhood, to create deed -restricted housing designed for families and professionals, with larger home sizes. The proposed amendment would allow for larger Type III Employee Housing Units, where permitted. Staff finds that this criterion has been met. Town of Vail Page 16 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Staff believes this text amendment will provide a harmonious, convenient, workable relationship among land use regulations consistent with the municipal development objectives. Increasing the maximum size of Type III EHUs to 2,500 square feet will allow for existing Type III EHUs to be expanded. Due to their location within primarily multiple family type structures, it is unlikely that a significant number of existing Type III EHUs will be expanded as a result of this amendment. The proposed amendment will allow for additional variety of employee housing unit sizes, which will help create more variety of deed -restricted housing options, and may allow some employees to remain living in Vail. Staff finds that this criterion has been met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. IX. ENVIRONMENTAL IMPACTS The Community Development has not identified any significant environmental impacts with the proposed increase in the maximum size of Type III Employee Housing Units. While larger residential dwellings in general use more resources, the proposed policy change and increase the maximum allowed size of Type III EHUs will likely have negligible impacts. X. STAFF RECOMMENDATION The Community Development Department does not have a recommendation on the proposed prescribed regulations amendment. We can see a variety of benefits to the proposed amendment, and some potential negative impacts. The Vail Local Housing Authority (VLHA) reviewed this proposal at their meeting on August 28, 2018, and did not have a consensus. The VLHA vote 3-1 to support to the application. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12- 13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to allow for an increase in the maximum size of a Type 111 Employee Housing Unit from 1,200 square feet to 2,500 square feet, and setting forth details in regard thereto. (PEC18-0031)" Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed Town of Vail Page 17 regulations amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section VIII this memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code, and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " XII. ATTACHMENTS A. Applicant's Narrative Town of Vail Page 18 ATTACHMENT A - APPLICANT NARRATIVE I li �^�� - -11-2 ►�-� Ow w L/ - S�$1.rYPE.F kelp_ � Ar 440ZE- k,.Mp,,, 5 l�AwCRIB R�- [t�7En3 !. , p'ii1Q a= T PwK W -'r }� Nwlmw, ew&m4rw4trst • 7b-x,.�eaus s -r.) bE parr, .0 to d PF.p^,A Text Amendment Chapter 12-13: To allow for an increase in the maximum size of Type 111 EHUs from 1,200 sq. ft. to 2,500 sq. ft. Submitted: August 2018 IVU I lei Mauriello Planning Group Introduction Mauriello Planning Group on behalf of Simon Hamui, a resident of the Town of Vail, is proposing to amend the limit placed on the maximum size of a Type III EHU currently at 1,200 sq. ft. The proposal would amend the maximum floor area of a Type III EHU to 2,500 sq. ft. Deed restrictions place limitations on who can occupy a unit. Chapter 12-2 provides the definition of a deed restriction as follows: DEED RESTRICTION: A permanent restriction on the use, occupancy and transfer of real property that runs with the land and is recorded against the property in the Eagle County clerk and recorder's office. The Type III deed restriction specifically limits occupancy, but does not limit price or appreciation value of the EHU. Type III EHUs can be rental units (as is often the case with those within a multi -family or mixed use structure) or can be sold separately and occupied by the owner. Occupancy of the unit is limited by the deed restriction, which states: The Type 111 EHU shall be leased to and occupied by tenants who are full-time employees who work in Eagle County. The Type/// EHU shall not be leased for a period less than thirty (30) consecutive days. For the purposes of this paragraph, a full-time employee is one who works an average of a minimum of thirty (30) hours each week on a year round basis. The Type 111 EHU shall be continuously rented and shall not remain vacant for a period to exceed five (5) consecutive months. (or) It must be used by the Owner of the Type 1111 EHU as a permanent residence. For the purpose of this paragraph, a permanent residence shall mean the home or place in which one's habitation is fixed and to which one, whenever he or she is absent has a present intention of returning after a departure or absence therefrom regardless of the duration of absence. Regardless of the size of the unit, the deed restriction remains on the property and can only be removed or amended with the consent of the owner and the Town of Vail. Variations in the sizes of deed -restricted EHUs allows for a greater variety of choices for the workforce of Vail. In fact, the Chamonix neighborhood, recently completed by the Town of Vail, has units that range in size from approximately 1,110 sq. ft. up to 2,000 sq. ft., allowing for a variety of formats to appeal to the largest number of potential purchasers. The Chamonix units are Type VI deed -restrictions, which do not include any size limitations. Most of the various types of employee housing units have size minimums and/or maximums limited by Chapter 12-13. The following table provides these limitations by EHU type: EHU Type Minimum Maximum Density Type I NA NA The EHU is allowed as a second unit on the Two -Family Zone property. Districts 2 EHU Type Minimum Maximum Density Type II 300 sq. ft. 1,200 sq. ft. The EHU is allowed as a third unit on Two -Family Zone property. Districts Type III 300 sq. ft. 1,200 sq. ft. The EHU is excluded from the calculation of Multiple -Family density. Zone Districts Type IV NA NA The EHU is calculated as density. Any unit regardless of zone district Type IV - CL Dorm - 250 sq. ft. NA The EHU is calculated as density. Unit required by Studio - 438 sq. ft. Commercial 1 Bedroom - 613 sq. ft. Linkage 2 Bedroom - 788 sq. ft. 3 Bedroom - 1,225 sq. ft. Type IV - IZ Dorm - 250 sq. ft. NA The EHU is calculated as density. Unit required by Studio - 438 sq. ft. Inclusionary Zoning 1 Bedroom - 613 sq. ft. 2 Bedroom - 788 sq. ft. 3 Bedroom - 1,225 sq. ft. Type V NA 1,200 sq. ft. The EHU is allowed as a second unit on the Hillside Residential property. Zone District Type VI NA NA As determined by the PEC. Housing Zone District Type VII - CL Unit Dorm - 250 sq. ft. NA The EHU is excluded from the calculation of required by Studio - 438 sq. ft. density. Commercial 1 Bedroom - 613 sq. ft. Linkage 2 Bedroom - 788 sq. ft. 3 Bedroom - 1,225 sq. ft. Type VII - IZ Dorm - 250 sq. ft. NA The EHU is excluded from the calculation of Unit required by Studio - 438 sq. ft. density. Inclusionary Zoning 1 Bedroom - 613 sq. ft. 2 Bedroom - 788 sq. ft. 3 Bedroom - 1,225 sq. ft. The EHU types created in the early years of the Employee Housing chapter (like Type III) often had both minimums and maximums, likely as the idea of EHUs was relatively new and unique so more specific limitations were provided. The later types of EHUs (those created when commercial linkage and inclusionary zoning were developed a decade later) were more focused on minimums, with the idea of creating EHUs that were more livable and functional for the employees living in the units. As the EHU program has evolved over the years, the need for more variation in size of units has become apparent. It is interesting to note that of the three types of EHUs with a maximum limitation, only the Type III EHU can 3 be sold or transferred separately. The Type II and the Type V cannot be sold or transferred from the single-family or duplex unit it is connected to and those types are limited as to not create additional bulk and mass on duplex lots. Type III EHUs are a permitted use in most of the higher density zone districts, including the commercial zone districts. The zone district's allowingType III EHUs are: • Residential Cluster • Low Density Multiple -Family • Medium Density Multiple -Family • High Density Multiple- Family • Vail Village Townhouse • Public Accommodation • Commercial Core 1 • Commercial Core 2 • Commercial Core 3 • Commercial Service Center • Arterial Business • Heavy Service • Lionshead Mixed Use 1 • Lionshead Mixed Use 2 • Public Accommodation 2 • Ski Base/Recreation • Ski Base/Recreation 2 • Special Development District • Parking District • General Use The proposed amendment would increase the maximum size of Type III EHUs from 1,200 sq. ft. to 2,500 sq. ft. This allows residents and/or owners of Type III EHUs to make additions or expand their homes to meet their changing needs. It is not likely that all new Type III EHUs would be constructed to the proposed 2,500 sq. ft. maximum. Developers often construct EHUs closer to the minimum floor area requirements, in order to serve the needs of more employees. Additionally rental rates tend to favor smaller units as smaller units can be rented or sold for more dollars per sq. ft. than larger units. As a result, there will still likely be a wide variety sizes of Type III EHUs constructed. It is also important to note that prior to the adoption of Commercial Linkage Requirements and Inclusionary Zoning Requirements in 2008, Type III EHUs were the type of deed restrictions required by the Town to meet EHU obligations of SDDs or other redevelopment projects. Following the adoption of the requirements in 2008, all employee housing requirements of new or redevelopment are deed -restricted as either Type IV -CL, Type VII -CL, Type IV-IZ or Type VII-IZ. Currently, new Type III EHUs would be voluntarily developed beyond the commercial linkage or inclusionary zoning requirements and, as a result, new Type III EHUs are rare. There has been a recent instance of proposed Type III EHUs which were required to be reduced in size in order to comply with Code. This did impact the livability of the employee units. In summary, changing the maximum floor area allowed in a Type III EHU is not going to generate a lot of expansions or new units throughout the Town. It is not going to be a drastic change. However, in the few instances where this can be taken advantage of, it could increase improve the livability of existing units and the overall supply of square feet of EHUs in the Town. Criteria for Review The review criteria for a text amendment are provided in Section 12-3-7 and are listed below. The Applicant's analysis of conformance with the criteria follows: A. Factors Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment: 4 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations Applicant Analysis: Chapter 12-1-2: provides the general and specific purposes of the Zoning Regulations: 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. Applicant Analysis: The proposed amendment to increase the maximum size of Type III EHUs from 1,200 sq. ft. to 2,500 sq. ft. furthers the general and specific purposes of the zoning regulations by enhancing and diversifying the employee housing stock, helping to maintain the character of the Town as a resort and residential community of high quality. The proposed amendment is consistent with municipal objectives to encourage and provide for high-quality employee housing in a variety of formats to appeal to residents. Creating a diversity of employee housing product creates a vibrant community, with opportunities for workers ranging from seasonal employees to full-time, year-round employees with families. As a result, the proposed amendment is consistent with this criterion by furthering the purposes of the zoning regulations. 5 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town Applicant Analysis: The various master plans that make up the Vail Comprehensive Plan have been reviewed and the following goals and policies are applicable from these documents: Vail Land Use Plan 5.3. Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. 5.5. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. The Vail Land Use Plan, which was adopted in 1986, provided the above objectives related to employee housing and residential grown. As indicated, these goals have been long-term ideals, which talk about "a full range of housing types" and that the "existing employee housing base should be preserved and upgraded." These are supportive of the proposal that employee housing should be in a variety of formats and sizes, ranging from efficiency apartments to single-family homes. This creates a robust employee housing supply, creating opportunities for residents who cannot afford free-market housing to remain in Vail. This creates a sustainable community with residents of all income levels and in various life stages. Vail Housing 2017 Strategic Plan VISION An Eye on the Future We envision Vail as a diverse, resilient, inclusive, vibrant and sustainable mountain resort community where year-round residents are afforded the opportunity to live and thrive. We take a holistic approach to maintaining community, with continuous improvement to our social, environmental, and economic well being. We create housing solutions by recognizing and capitalizing on our unique position as North America's premier international mountain resort community in order to provide the highest quality of service to our guests, attract citizens of excellence and foster their ability to live, work, and play in Vail throughout their lives. 6 Our strategic solutions and actions result in the retention of existing homes, creation of new and diverse housing infrastructure, and collaboration with community partners. For Vail, no problem is insurmountable. With a consistent, community -driven purpose and an entrepreneurial spirit, Vail will lead the industry in innovative housing solutions for the 21st century. The Town is well positioned financially to undertake this significant challenge. MISSION Maintaining and Sustaining Community "We create, provide, and retain high quality, affordable, and diverse housing opportunities for Vail residents to support a sustainable year round economy and build a vibrant, inclusive and resilient community. We do this through acquiring deed restrictions on homes so that our residents have a place to live in Vail." TEN YEAR GOAL "The Town of Vail will acquire 1,000 additional resident housing unit deed restrictions by the year 2027." These new deed restrictions will be acquired for both existing homes as well as for homes that are newly constructed by both the Town of Vail and private sector developers. By virtue of the occupancy requirements of the deed restrictions, the Town of Vail does not need to own resident homes to forward its mission of maintaining and sustaining community. Title to real estate can change ownership often. Once recorded, a deed restriction transfers with the title and survives changes in ownership over time, thus assuring lona term resident housing. The 2017 Strategic Plan is an ambitious roadmap to acquiring deed restrictions on properties throughout the Town, in clear recognition that a deed -restriction outlives ownership changes and that this can prevent the turnover from local -resident occupancy to second homeowner occupancy of existing housing stock. The plan recognizes that by providing diverse housing opportunities for local employees, it creates a sustainable economy and a vibrant community. Allowing for Type III EHUs to be up to 2,500 sq. ft., while still not an overly large home, creates opportunities for more employees to live and work in Vail, while providing additional living space that allows for families to live and grow in a unit, rather than moving down -valley to a larger home. Vail businesses then have to compete with down -valley businesses for employees, where workers may prefer shorter commutes. Variety in deed -restricted home sizes is supported by the Vail Housing 2017 Strategic Plan. Vail 20/20 Plan Vail's Vision is the general vision statement for Vail's future, based on input from the community during the Vai120120 process, and is as follows: We are the "Premier Mountain Resort Community" by providing high quality of life and experiences for both residents and visitors. This is achieved through environmental stewardship, world-class recreational, cultural and educational opportunities, a strong year-round economy, diversity of housing, and superior infrastructure. The town actively seeks input and cooperation from the community and its neighbors to ensure fulfillment of its vision. Housing: The high cost of housing and a lack of developable land continue to challenge the community in providing adequate workforce housing. Opportunities exist to increase the amount of employee housing through redevelopment of existing housing, the purchase of deed -restricted units and through developer requirements. During 20/20, participants placed workforce housing as a top priority for the community and government leaders to address. 20/20 Vision The number of employees living within the town has steadily increased, thanks to the town's commitment to ensure affordability and availability of housing. The number of deed -restricted rental and for -sale units required of both private and public projects has increased. The diversity of deed -restricted units can accommodate the seasonal worker, as well as all levels of year-round employees, including those with families. Housing in general has been transformed to include green building standards. 20120 Implementation Goal: The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. Workforce housing was identified as a top priority in the Vail 20/20 plan, with a recognition that diversity of housing opportunities furthers the Town's goal to be the "Premier Mountain Resort Community." Diversity of deed -restricted units will continue to allow the Town of Vail to accommodate all employees, from the season worker to year-round employees with families. Allowing Type III EHUs to be a maximum of 2,500 sq. ft. further advances this d iversity. As indicated in this analysis, the proposed text amendment complies with this criterion by better implementing and achieving the the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable Applicant Analysis: s The employee housing chapter, generally in its current form (now 12-13 of the Vail Town Code), was originally adopted in 1992 by Ordinance 9, Series of 1992. This ordinance created the Type III Employee Housing Unit, with the purpose that it would allow for the construction of EHUs in multiple family and mixed use zone districts. At the time, Type III EHUs were a conditional use in these zone districts and counted towards density maximums as 0.5 of a dwelling units. Type III EHUs were required to be a minimum of 450 sq. ft. and a maximum of 900 sq. ft. and was allowed a maximum of 3 bedrooms. Based on a review of past ordinances, in 2000 the Town did a major overhaul of the EHU chapter, and modified the size requirements for a Type III to the current 300 sq. ft. minimum and 1,200 sq. ft. maximum. This was part of an overall goal as a result of the Vail Tomorrow and Common Ground processes of providing additional incentives and eliminating disincentives for the creation of employee housing throughout the Town of Vail. Since the current minimum and maximum requirements for Type III EHUs were adopted, many changes have occurred. It is interesting to note that most policy has focused on increasing the number of deed -restricted units throughout the Town of Vail and Eagle County. However, as these programs have matured, little direction has been given to allowing improvements to the existing inventory of deed -restricted housing. In 2008, the Town adopted the Vail Employee Housing Strategic Plan, with the stated goal to: "The Employee Housing Strategic Plan (EHSP) seeks to meet the expectations established by the community and confirmed by the Town Council and provide enough deed -restricted housing for at least 30 percent of the community's workforce to live in the Town of Vail through a variety of policies, regulations and publicly initiated development projects." The 2008 Strategic Plan was the impetus for codifying both the Commercial Generation requirements and Inclusionary Zoning requirements, which required development to provide employee housing. These requirements do not have a maximum size limitation, in recognition that larger units can be a benefit to the overall employee housing inventory. In 2016, the Town of Vail adopted "Vail Housing 2017: A Strategic Plan for Maintaining and Sustaining Community through the Creation and Support of Resident Housing in Vail" with the single goal of "acquiring 1,000 additional resident housing unit deed restrictions by the year 2027." It further states the mission as: "We create, provide, and retain high quality, affordable, and diverse housing opportunities for Vail residents to support a sustainable year round economy and build a vibrant, inclusive and resilient community. We do this through acquiring deed restrictions on homes so that our residents have a place to live in Vail." In 2018, Eagle County completed Housing Needs and Solutions 2018: Eagle River Valley, which recognized a current need of 2,780 units in 2018, with an increase to 7,970 units by 2030. Unlike most previous studies which focused mainly on the need for additional units, this study looked further into housing preferences, including an analysis of the size and types of homes preferred by residents. The analysis provided the following: 9 Upgrades Survey respondents had the opportunity to rate upgrades they would seek to and believe they can afford regards to a hypothetical home. When given an array of add on features or upgrades to choose from, fewer than 10% indicated they would prefer the base models. A private yard for $10,000 was the top choice for both renters and owners who want to buy. There are notable differences, however, between owners who want to move into a different residence and renters who want to move into ownership. • Owners more often selected multiple upgrades with a two car -garage, additional full bathroom, two additional bedrooms and extra storage measuring 8' by 81 • Renters desire fewer upgrades but rated one additional bedroom, a one -car garage, an extra half bath, and a storage locker higher than owners. Examination by unit type reveals most potential buyers: • Would like an additional bedroom except for those who are very interested in a 3 - bedroom single family home. • Want and think they could afford a garage. • Want and think they could afford a garage. Vail's employee housing inventory consists of approximately 729 deed -restricted units. These units, many of which were subject to size limitations, remain in high demand for local residents. These units house all different types of households, from single young service workers to dual -income families with children. As these households grow and change, it is important that the units also have some flexibility to meet the changing needs. Without the ability for homeowners to improve their property, many may choose to move to locations where this flexibility exists, such as down -valley. The average home size at the end of 2017 was 2,571 sq. ft. In fact, the average home size in 1960 was close to 1,200 sq. ft., the current limitation for Type III EHUs. The conditions regarding employee housing size limitations have changed since the size limitation on Type III EHUs was adopted. It is now recognized that a variety of sizes and formats is beneficial, as it creates opportunities for different types of households to meet their housing needs within the Town of Vail. As indicated in this analysis, the proposed text amendment complies with this criterion and this analysis demonstrates how conditions have substantially changed since the adoption limitation of 1,200 sq. ft. on Type III EHUs and how this is no longer appropriate. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives Applicant Analysis: 10 As outlined above, the Town's development objectives have historically and continually recommended a diversity of housing types within the Town of Vail, providing opportunities for residents of all types. The proposed amendment allowing Type III EHUs to increase the maximum size from 1,200 sq. ft. to 2,500 sq. ft. creates a harmonious, convenient, and workable relationship among land use regulations consistent with municipal development objectives and is therefore consistent with this criterion. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment Applicant Analysis: Any other factors and criteria that the Planning and Environmental Commission and Town Council deem applicable will be addressed by the Applicant as they are identified. Conclusion It is clear that the Town's policies and goals support allowing larger EHUs and allowing the existing housing stock to be improved throughout the Town. Though a 2,500 sq. ft. limit is proposed, that is only due to the concern that the Town would not support removing the limitation entirely. The reality is that the maximum limitation could be removed which would allow more flexibility and likely produce more employee housing floor area within the Town. As long as an EHU is deed restricted, the size is immaterial. The market will ultimately decide the value of a deed restricted unit and the market will adjust accordingly. A variety of EHU sizes appeals to more potential residents, which creates a more sustainable community and is desirable to the Town. Diversity of housing choices is a benefit to the Town by having all types of local employees living in Town rather than moving down valley where more options may exist. 11 City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: January 14, 2019 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 14-10-5, Building Materials and Design, Vail Town Code, and Section 14-10-8, Landscaping, Drainage and Erosion Control, Vail Town Code, relating to wildfire protection and the proposed adoption of the International Wildland Urban Interface Code, and setting forth details in regard thereto. (PEC18-0035) The applicant has requested this item be tabled to the January 28, 2019 regularly scheduled meeting of the Planning and Environmental Commission. TOWN OF DO VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: January 14, 2018 ITEM/TOPIC: A request for review of Major Exteri or Alteration, pursuant to Section 12-71-1-7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of anew multifamily structure with below grade parking, located at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0034) The applicant requests that this item be tabled to the January 28, 2019 PEC meeting. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: January 14, 2018 ITEM/TOPIC: A request for the review a variance from Section 12-71-1-10, Setbacks, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a side setback of zero feet (0') where ten feet (10') is required for a new multifamily structure, located at 500 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0036) The applicant requests that this item be tabled to the January 28, 2019 PEC meeting. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: January 14, 2019 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a review of the Vail Land Use Plan map amendment, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the designation of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Medium Density Residential, and setting forth details in regard thereto. (PEC18-0046) ATTACHMENTS: File Name PEC18-0046 Staff Memo.pdf Attachment A. Vicinity Map.pdf Description Staff Memorandum Attachment A. Vicinity Map Attachment B. Bighorn Attachment B. Biqhorn Townhouses Rezoninq and Setback Variance narrative dated December 15 2018.pdf Townhouses Rezoning and Setback Variance narrative dated December 15, 2018 TOWN OF Memorandum To: Planning and Environmental Commission From: Community Development Department Date: January 14, 2019 Subject: A request for a recommendation to the Vail Town Council for a review of the Vail Land Use Plan Map amendment, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the designation of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Medium Density Residential, and setting forth details in regard thereto. (PEC18-0046) Applicant: Town of Vail Planner: Jonathan Spence I. SUMMARY The applicant, the Town of Vail, is requesting a recommendation to the Vail Town Council for an amendment to the Vail Land Use Plan Map, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the land use of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Medium Density Residential. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval of the amendment to the Vail Land Use Plan, subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant is requesting a review of the Vail Land Use Plan Map, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the land use designation of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Medium Density Residential. Subsequent to this application, Bighorn Townhouse Association, represented by Mauriello Planning Group, is requesting a zoning of the property from unidentified to Medium Density Multiple -Family (MDMF) District (PEC140025). The Land Use Plan Amendment and rezoning will facilitate, if approved by Town Council, an application for the development of the subject property for residential garages. The map below shows the existing Vail Land Use Map and the result of the amendment, if approved by the Town Council. Lanni Use Amendment Proposal Bighorn Townhouses s' 4722 Meadow Drive erm.r, .h Existing °; Proposed w. Al / r. If4 s tNI d Use* signated. _ 4 !n' r, =Medium Density Resid entiai = L— Densly Residential r,.. 1 Park PFOB[.,.r.... r ....­. III. BACKGROUND Subject Property The Bighorn Townhouses, a residential development consisting of two, four -unit buildings and a related subdivision plat, was developed under Eagle County jurisdiction in 1968. At the time, the plat included four tracts (A, B, C and D) and the "Parking Easement" parcel, as shown below: Town of Vail Page 2 •{ r ti 4 IIS r vylS 4 a. • t ywLa * r`ec[vc u.zuc.rs bQ,l TRArT 0 tl TRS CT 0 ¢ ' W I I n L IVF SOuiH LIME 9E4i 12�i �,P o- m �pxuva,t . :6:'43 2d E — 32F 104 ucx -894°52 4 L- PC SE CORNER SW 114 OF i r LOT I BLOCS T R. Dow. 6M P.m I 81 OHORN SUBDIVISJON F1FTN ADDITION I As part of a larger annexation, the subject property and the surrounding areas were annexed into the Town of Vail via Ordinance No. 13, Series of 1974. Due to the presence of the King Arthur's Court Avalanche area located directly to the south and the consensus that the parcels were undevelopable, tracts C and D were deeded to the Town of Vail for one dollar in 1977. The Bighorn Townhouse Association retained ownership of the "Parking Easement" parcel although there was some confusion that the Town of Vail might be the owner. This issue was resolved by court order in 2013 that decreed the association as the rightful owner. Although all annexed lands included in the 1974 East Vail annexation received interim zoning via Ordinance No. 15, Series of 1974, how the "Parking Easement" parcel came to have no current (2019) designation on either the Vail Land Use Plan Map or the Official Zoning Map is quite confusing. Dominic Mauriello with the Mauriello Planning Group has done an admirable job detailing this history in pages 6-11 of the Bighorn Townhouses Rezoning and Setback Variance narrative dated December 15, 2018, included for reference as Attachment B. Town of Vail Page 3 Town of Vail Land Use Pan The Town of Vail Land Use Pan was adopted on November 18, 1986, with the purpose of articulating land use goals and guiding future decisions regarding land use within the Town. Accompanying the Plan is a map which identifies in a spatial format the location of the Land Use Categories identified in the Plan. Pursuant to Section 8-3, Amendment Process, of the Town of Vail Land Use Plan, the amendment process is one which is intended to assure the Plan's effectiveness with periodic updates to reflect current thinking and changing market conditions. The process includes amendments which may be initiated in any of the following three ways.- A. ays: A. By the Community Development Department B. By the Planning and Environmental Commission or Town Council C. By the private sector For those requests initiated by the private sector, the following process shall be followed: Make application with the Community Development Department. Applications may be made by either a registered voter, a property owner or a property owner's authorized representative. Such application may be made at any time. 2. Such applications will then be considered at a meeting with the PEC. At the Planning and Environmental Commission hearing, a recommendation shall be made to the Town Council, whereupon a decision shall then be rendered. To change the Plan by this procedure, it will be the responsibility of the applicant to clearly demonstrate how conditions have change since the Plan was adopted, how the Plan is in error or how the addition, deletion or change to the Plan is in concert with the Plan in general. Such decisions may include approval, approval with conditions or denial. Amendments may be requested for change to the goals and policies and/or Land Use Plan Map. If such request is approved, such change shall be made to the Plan document and/or map. If such request is denied, no such request that is substantially the same as that previously denied shall be considered for a period of one year. IV. APPLICABLE PLANNING DOCUMENTS A. Town of Vail Land Use Plan Chapter 11— Land Use Goals and Policies (in Part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to Town of Vail Page 4 reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan Map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows.- 1. ollows: 1. General Growth / Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2. The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3. The quality of development should be maintained and upgraded whenever possible. 1.12. Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. B. Town of Vail Land Use Plan Chapter VI- Proposed Land Use (In part) 4. Proposed Land Use Categories New land use categories were defined to indicate general types of land uses which should occur within the Town during the planning period. These categories were varied from the existing land use categories to reflect the goals of the community more accurately. The specific land uses are listed as examples and are not intended to reflect an all-inclusive list of uses. Uses would be controlled by zoning. These categories are indicated below. LDR Low Density Residential Town of Vail Page 5 This category includes single-family detached homes and two-family dwelling units. Density of development within this category would typically not exceed 3 structures per buildable acres. Also within this area would be private recreation facilities such as tennis courts, swimming pools and club houses for the use of residents of the area. Institutional/ public uses permitted would include churches, fire stations, and parks and open space related facilities. MDR Medium Densitv Residential The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional/ public uses such as parks and open space, churches and fire stations. 5. "Preferred Plan" Land Use Pattern The "Existing Trends" alternative was chosen as the preferred land -use plan and was carefully reviewed area by area to assess feasibility and compatibility with adjacent existing land uses. Some modifications were then made in proposed new areas of medium and high density because of potential land use and neighborhood conflicts. The pattern which is reflected on the "Preferred Plan" is discussed below. A. Residential Uses 1. Low Density Uses Low density residential uses are now planned for a total of 699.0 acres, or about 21 % of the land in the plan area, which is an increase of 8% over the area presently in low density residential use. These areas reflect the completion of existing platted projects, with some additional areas added adjacent to the single family areas at low densities. The 8% increase reflects the large number of undeveloped, platted lots already existing in Vail. 2. Medium and High Density Uses Medium and high density residential areas now account for a total of approximately 15% of the land in the plan area, with 421 acres in the medium density category and 68.5 acres in the high density category. This is a 4 increase in land area devoted to these two land use designations, reflecting a need to accommodate additional market demand for multi -family uses. For the most part, these multi -family areas have been kept consistent with the pattern of existing land use with additional multi -family occurring within unfinished projects and adjacent to these multi -family areas. Some new areas of high density residential have been added, specifically in East Vail between the Frontage Road and 1-70, where access is good and surrounding land uses Town of Vail Page 6 would be compatible for this type of use. Other areas, north of *-70 where existing land uses are mixed containing both low and medium density uses have been shown as medium density to meet the demand for additional multi- family dwelling units within the 15 -year planning period. 6. "Preferred Land Use Plan" Analysis The "Preferred Plan" acreages were then compared with projected demands to the year 2000 for permanent housing, lodging units, commercial and office square footage. The resulting figures are shown in Table 10. This table compares the demand in units or acres with the supply of undeveloped land both platted and unplatted, which is unconstrained. Unconstrained lands are those areas which do not contain high hazard avalanche and geologic areas, floodplains or slopes over 40%. This table shows that the Preferred Plan will be able to provide enough lots / land area for all of the projected demand for single family and duplex lots, with a surplus remaining of 326 dwelling units. There will be a shortfall of area for multi -family dwelling units of 17 acres, which may be accommodated through increasing the occupancy rate of existing multi- family units or encouraging the down valley communities to supply a portion of this demand. This shortfall occurred because of 1) the need to assure that new areas designated for multi -family were compatible with surround land uses, 2) the desire of the community to discourage development in sensitive, undeveloped lands, and, 3) the general satisfaction of the community with the existing land use pattern. It was thus decided that it would not be appropriate to increase densities in unsuitable areas just to completely fill market demands. TABLE 9: PROPOSED LAND USE - "PREFERRED LAND USE PLAN" LAND USE CATEGORY ACRES PERCENT Low Density Residential 698.8 20.8 Medium Density Residential 420.8 12.5 High Density Residential 68.5 2.0 Hillside Residential 33.3 1.0 Village Master Plan 77.0 2.3 Tourist Commercial 15.8 .05 Resort Accommodation Services 51.9 1.6 Transition Area 11.4 0.3 Community Commercial 24.4 0.7 Community Office 15.6 0.5 Park 255.9 7.6 Open Space 1,022.9 30.5 Public and Semi-public 72.0 2.1 Ski Base 86.3 2.6 Interstate 70 Right -of -Way 05.5 15.0 TOTAL 0,360.1 1100.0 Town of Vail Page 7 In summary, the Preferred Land Use Plan reflects a balancing of existing conditions, community opinion, opportunities and constraints, and projected growth demands. V. SURROUNDING LAND USES Land Uses Zoning North: Residential Low Density Multiple -family (LDMF) South: Undeveloped US Forest (County) East: Undeveloped Outdoor Recreation (OR) (Town Owned) West: Residential Residential Cluster (RC) VI. LAND USE CATEGORY COMPARISON Staff examined the Low Density residential (LDR) and Medium Density Residential (MDR) classifications as possible designation for the subject parcel. The subject parcel, along with tracts A and B (already designated MDR), comprise the Bighorn Townhouse Development Lot. Standard LDR MDR Housing Type Single-family Attached units with common walls detached Two-family dwelling units Density Not to exceed 3 A range from 3 to 14 dwelling units per buildable structures per acres buildable acre Other Uses Private Recreation Private Recreation Institutional/Public Institutional/Public Uses Uses VII. VAIL LAND USE MAP AMENDMENT REVIEW CRITERIA Before acting on a proposed amendment to the Vail Land Use Plan Map, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the proposal: A. Have conditions changed since the plan was adopted? Since the plan's adoption in 1986, Vail has undergone significant growth and redevelopment. This has included significant development and redevelopment of Vail Village and Lionshead Village in addition to single family and duplex style residential development throughout the community. With few exceptions, the development of multi- family non -resort oriented residential housing has not experienced similar levels of change. Town of Vail Page 8 The proposed amendment of the Vail Land Use Plan Map from unidentified to Medium Density Residential will consolidate the Bighorn Townhouse Development Lot under a consistent land use designation, setting in place the steps necessary to pursue a subsequent rezoning for future development. Staff finds that this criterion supports the proposed change to the Land Use Plan Map. B. Was the plan in error in respect to the delineation on the Land Use Map? Although it is unclear specifically how the subject parcel came to have no delineation on the Land Use Map, it is clear that the plan is in error in its omission. The proposed land use designation is consistent with the Land Use Plan and adjacent land uses. Staff finds that the plan was in error thus this criterion is supportive of the proposed changes to the Land Use Map. C. Is a revision to the plan in concert with the plan, in general? The proposed revision to the plan, if approved by the Vail Town Council, will enable the applicant to proceed with a rezoning of the property to facilitate development of accessory garages for the Bighorn Townhouse complex. Staff finds that the following goals of the Vail Land Use Plan support this proposal: 1. General Growth/ Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3. The quality of development should be maintained and upgraded whenever possible. 1.12. Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. Staff finds that the revisions to the plan are in concert with the plan, in general and that this criterion is supportive of the proposal. Town of Vail Page 9 VIII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, to the Town Council, for a review of the Vail Land Use Plan Map, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the land use designation of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Medium Density Residential, and setting forth details in regard thereto. (PEC18-0046) Staff's recommendation is based upon the review of the criteria described in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval, for this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Town Council for a review of the Vail Land Use Plan Map, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the land use designation of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Medium Density Residential, and setting forth details in regard thereto. (PEC18-0046)" Should the Planning and Environmental Commission choose to forward a recommendation of approval, for this request, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Section Vll this Staff memorandum to the Planning and Environmental Commission dated January 14, 2019, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. That the applicant has clearly demonstrated how conditions have changed since the Plan was adopted, how the Plan is in error or how the addition, deletion or change to the Plan is in concert with the Plan in general. IX. ATTACHMENTS A. Vicinity Map B. Bighorn Townhouses Rezoning and Setback Variance narrative dated December 15, 2018 Town of Vail Page 10 i Bighorn Townhouses Rezoning &Setback Variance Date Submitted: December 15, 2018 u Mauriello Planning Group Introduction The Bighorn Townhouse (BHTH) Association is requesting two applications related to their property located at 4708, 4718, and 4722 Meadow Drive / Bighorn Townhouses. The first request is a zoning of the property indicated in red on the map below. This area, which was erroneously believed to be owned by the Town of Vail until 2013, is currently not designated on the Town's zoning map (an error). The BHTH Association, who owns the property, is requesting the property be zoned Low Density Multiple Family (LDMF), which is consistent with the remainder of the BHTH property, which is indicated in yellow. The second application is a request for a variance from Section 12-6F-6: Setbacks, to allow for the construction of enclosed parking within the 20 ft. rear setback. The BHTH Association is proposed 8 garages on the property shown in red on the map above. Only one of the garages requires a variance, as the others can be constructed under LDMF zoning, should the zoning request be approved. The property adjacent to the variance request is owned by the Town of Vail and zoned Outdoor Recreation (OR). The following indicated the proposed garage plan, and the area of the variance has been indicated in blue. 2 Historical Background Bighorn Townhouses are located in East Vail at 4708, 4718, and 4722 Meadow Drive. Bighorn Townhouses were developed under Eagle County jurisdiction in 1968, then annexed into the Town of Vail in 1974. The property includes a four-plex on Tract A, a four-plex on Tract B, and a property identified on the original plat as Parking Easement. Currently, the Town of identifies both Tracts A and B as zoned Low Density Multiple Family. However, the Town currently does not identify zoning on the Parking Easement Area. Eagle County adopted Subdivision Regulations in 1964 and adopted their first Zoning Regulations in 1974. In 1968, the Bighorn Townhouses Subdivision Plat, along with the Declarations of Protective Covenants and Party Walls for Bighorn Townhouses, were recorded in the Office of Clerk and Recorder. At the time, the Plat provided for four Tracts (A, B, C, and D) and a "Parking Easement" as indicated on the portion of the plat below: 3. PARKING EASEMENTS SHOWN ARE FCR EXCLUSIVE USE OF OWNERS AND RESIDENTS OF THIS SUBDIVISION AND IS IN ADDITION 'C THE ACCESS AND UTILITY EASE - MENTS INDICATED. The Plat indicated the existing Townhouses on Tract A and B, while Tract C and D were vacant. The Parking Easement Area was loosely described on the Plat as follows: 4 40 L6�'�._ � 4, � ,` I •�nV.� _l N.! CCR fJ.:ucnz TRArTc v+' 2OUTH LINE 9ECTInn lE; ` �E± ?2F ran E •�.���•— .6:'S3'2d sF cc4 NCS sw �ra cr: s_c lz, r.ss, LOT I BLOCK T n eo w. ylu s•r� g�'HORN5lJR OIVISIOH 1 FIFTH ADDITI014 4 The 1968 Covenants do not provide much additional information on the Parking Easement Area although they indicate that the parking easement was exclusively for vehicles belonging to "unit owners." The Covenants state the following: 5. EASEMENTS. Easerrients axe hereby reserved as shown or descrihed on the recorded plat of the subdivision, There are in additior. easernents reserved in the riglrf, o` way of each road for water and all other utilitil�s. All access easement; re- flected an the recordrd plat of the subdivision shall be for the use and bcncfit of all owners of land within the subdivision except the access eascmcn;s approaching the constructed runts on Tract A and Tract B which easements shall also lie used for under- ground utilities and shall be for the sole uae and benefit of the owners of units within each respective tract. The areas within the subdivision Cesignated for park-ina casc- ment shall be exclusively for passenger automobiles 'belonging to the unit owners 411d their guests, shall be limited to turc automobiles per unit, a;)d at no Cline shall any automobile be parked thereon for more than seven days without being moved. Au.a- mobiles shall not be parked overnight in road oascrnent5. Ordinance 13 of 1974 annexed significant portions of East Vail, including Bighorn Townhouses into the Town of Vail. (Ordinance 20 of 1974 amended the legal description). Letters from the Town to the then -owners of Tract C and D indicate that in February of 1977, the Town initiated a rezoning of Tracts C and D to Agricultural and Open Space. In response, the owners stated they would prefer to transfer ownership of Tracts C and D to the Town of Vail since the tracts were located in the avalanche hazard area. Tracts C and D were subsequently deeded to the Town of Vail for $1.00. Bighorn Townhouses retained ownership of the Parking Easement Area though the Town believed it owned area until just recently in 2013. The following section outlines a timeline to explain the errors in ownership information, including why and how the Town does not currently indicate any zoning for the property. Timeline This section is intended to provide a timeline to explain the original zoning of the entire Bighorn Townhouses property at the time of annexation, any subsequent rezoning of the property, and to show that the Town of Vail zoning map is currently in error. 1968 - Bighorn Townhouses is developed and platted under Eagle County Jurisdiction. 1974 - Bighorn Townhouses (as part of a larger annexation) is annexed into the Town of Vail by Ordinance 13 of 1974. Ordinance 20 of 1974 later corrected the legal description of this annexation. 1974 - The Town adopts Ordinance 15 of 1974, an emergency ordinance adopting interim zoning for the annexed area, including Bighorn Townhouses. The map was not attached to the zoning ordinance but was located in the Town files. The map is difficult to read for the Bighorn Townhouses property. It appears to indicate "A" or Agriculture zoning for the Parking Easement area. � WUffM WrIlIM1111 .- - �ra�■Rr� 1974 - The Town adopts Ordinance 26 of 1974, adopting "permanent" zoning for the annexed area. This followed a series of Planning and Environmental Commission hearings where property owners were invited to comment on the proposed zoning of their property. The Ordinance references a map on file, but this map could not be located in Town files. . Undated (1968-1976) -The Town of Vail has a map on file that was identified as "Historic Zoning - Current Conditions between 1968-1976." This map identifies Tracts A and B as zoned Low Density Multiple Family; Tracts C and D as Two -Family Residential, and the Parking Easement Area as Two -Family Residential. A portion of this map is provided below: Legend: ot Agricultural and Open Space District ' - Single Family Residential District Two Family Residential DistrictsEQ Residential Cluster District \; ,^ j TRACT C o Low Density Multiple Family DistrictBiharn eta Medium Density Multiple Family District Subdivisi ��. High Density Multiple Family District " 1975 - Avalanche study indicates that a substantial area within the recently annexed Bighorn neighborhood is in a potential avalanche path, including portions of Tracts A and B, all of Tracts C and D, and the majority of the Parking Area Easement. This study also appears to identify the zoning of Tracts A and B as Low Density Multiple Family, Tracts C and D as Two -Family Residential, and the Parking Easement as Two -Family Residential, though the map is difficult to read. ••t�: �. an..r.. rA wli.:::::':". .:7225E TOM Ct ❑ efSkgRW 3U&D1WS6AF 1=_ ... .............. - - ..._..... B e FIFTY ADDlr1AN .�y7W-N d -dM '- g .......... -- ZoAYd]wL] MQP :'scree: r"-lao~- BIGh'ORN AREA WHITERIYEA ryp A p A T Alf, CVLaRA(�V NATIOOVAI- FaRE57 llllillp' A�l+i %�. $wln A'0 9t.0 0 i L-4 see, :sem 7 1977 - The Town notifies the then owner of Tracts C and D that they are proposing to rezone Tracts C and D to Agricultural and Open Space due to the avalanche hazard present on these properties. In response, the owners opt to deed the property to the Town for $1.00. Though only Tracts C and D were deeded to the Town, it appears from Town records that the Town believed the Parking Easement Area was also included in this transfer. This error begins a series of actions leading to the confusion about the Parking Easement Area that still exists today. A portion of that deed is provided below: ITO; BkMWW hT - .E,':'. Princeville i Corporaton, a Coiorado cor. ;-: >•�.;' p4=atfan' wikh •`its ... ' .' prznci.pal place of businc:s al. 18G4 Lincoln Street, ncnver, Colorado 80295, for One Do lay ($1,00) in hand Of which ig lie r -by acknowledged, docu hereby sellrandrquitclaim ." to the Town of Vail, a Colorado municip:sl. cornaratior its Successors and assigns, all right, title and int:crest in and ko the foLlowinl; real. property sitceate in the County ❑£ Eagle, State of Colorado, to wit: Blocks C and n, Sighpr;y Tnknho::;r.;, a suodi�ision, according to- the recorded pLz� thereof, TO HAVC AND TO HOLD the premises herein described wide all apparreranceN thereto. Dated this .316y of February, 1977. FRINCEVII,LE CORPORATION „. ince Pre i 1981 - The Town adopts Ordinance 41 of 1981 which rezones Tracts C and D from Two Family Residential (R) to Agricultural and Open Space. The Ordinance clearly identifies that only Tracts C and D were rezoned: CLRREII HEC•Ol ZihNDEi] LEGAL DESCRIPTION ZONE. ZONE Tract B. Vail villaee 2nd Filing PA PIA) ( SL• i 11Liiwtm) lracls C and li. -BiR uyu 1ownlLutise ]llbdiv1S1Un 1 A The following maps indicate the error the Town made in rezoning the Parking Easement Area. The first map, from 1981 prior to the adopted of Ordinance 41 of 1981 clearly indicates Tracts C and D, and the Parking Easement Area zoned Two -Family Residential. The second map, from 1984, shows the rezoning of Tracts C and D to Agricultural Open Space which was adopted by Ordinance 41 of 1981, but also shows the Town rezoned the Parking Easement Area in error. The Town's maps also shows the "access easement" as a public right-of-way, another error. 0.3 it s 1981 TOV Zoning Map r~ yr ITUWN OF HAIL Z014ING LEGEND TWO FAMILY RESIDENTIAL DISTRICT QTR! GF , Q RESIDENTIAL CLUSTER DISTRICT 0 LOW DENiS1TY MULTIPLE FAMILY DISTRICT MEDIUM DENSITY MULTIPLE FAMILY DISTRICT C� HIGH DENSITY MULTIPLE FAMILY 0157RICT PUBLIC ACCOMODATIONI DISTRICT I SPECIAL DEVELCPM'<NT DISTRICT PUBLIC USE DISTRICT . COMMERCIAL CORE I DISTRICT COMMERCIAL CORE 2 DISTRICT COMMERCIAL SERVICE CENTER DISTRICT AGRICULTURAL a OPEN SPACE DISTRICT I GREENBELT d NATURAL OPEN SPACE DISTRICT _] HEAVY SERVICE DISTRICT PARKING COMMERCIAL GORE 3 DISTRICT VAIL ZONING LEG ® SINGLE FAMILY RESIDENTIAL DISTRICT C TWO FAMILY RESIDENTIAL DISTRICT ® TWO FAMILY PRIMARY/SECONDARY RESIDENTIAL DISTRICT RESIDENTIAL CLUSTER WBTRICT ® LGw DEN "MULTIPLE FWLY DISMaT - ® MEISUY DD1afry xxrpLE mmiLY gdSfRICT HIONDMETY MULYIPLE FAMILY AISTMfCi ® PUNLIC ACCQW ATN7K DIrMICT SPECIAL DEVELOPMENT DISTRICT ® PUBLIC USF DISTRICT , Q COMMERCIAL ODRE I DISTRICT i� CCMMERCIAL CORE E DISTRICT ® WMMERCUIL CORE 3 UIWMJCT AGRFOULTURAL 8 OPEN SPACE DISTRICT WAVY SERVICE DISTRICT PARKING ARTERIAL BUSINESS DISMFCT SKI BA5S RECREATION Q HILLSIDE RESIDENTIAL r Qa 1991 - A map dated 1991 entitled "Town of Vail Owned Properties" shows that as of this date, the Town believed it owned the Parking Easement Area along with Tracts C and D (hi -lighted area indicates areas owned by the Town): W%1' VkIAd WL 1ls�r1 s r r.r x � xnls+f nm•luwnr � mim 1W-li�•w•ur iN141 sae asM�, RMis 13.. /C.Rd. $mf¢T �.•. Rarwyd �dfKk !.n2 197T E 1995 - The Town adopts Ordinance 19 of 1995, which, as part of a larger rezoning associated with the adoption of the Town of Vail Open Lands Plan, rezoned Tract C and D from Agricultural and Open Space to Outdoor Recreation. This zoning designation remains today. 1995 - The last version of the Town of Vail Zoning Map to be done on paper (instead of created digitally in GIS) indicates Tract A and B are zoned Low Density Multiple Family, Tracts C and D are zoned Outdoor Recreation, and the Parking Easement Area is zoned Agriculture and Open Space. TOWN OF VAIL ZDNING LEGEND ® SINGLE FAMRY RESIDENTIAL DISTRICT 0 TWO FAMILY RESIDENTIAL DISTRICT ® TWO FAMILY PRIMARY-CONDARY_ RESIDENTIAL DISTRICT 0 RESIDENTIAL CLUSTER DISTRICT ® LOW DENSITY MULTIPLE FAMILY DISTRICT MEDIUM DENSITY MULTIPLE FAMILY DISTRICT HISNOENSITY MULTIPLE FAMILY DISTRICT PUBLIC ACCOMCDATR0. DISTRICT ® SPECIAL DEVELOPMENT DISTRICT =� GENERAL USE D157RILT 0 COMMERCIAL CORE I DISTRICT COMMERCIAL CORE E DISTRICT COMMERCIAL CORE 3 DISTRICT COMMERCIAL SER�'J�F,.6ENT6R. DISTRICT �•��JfGHiCU['FUAgL B LVEN SPADE DISTRICT i_..J NATURAL AREA F HEAVY SERVICE DISTRICT DISTRICT PARKING DISTRKT ..��'^...i ARTERIAL BUSINESS DISTRICT SKI BASE RECREATION DISTRICT Q HILLSfDE RESIDENTIAL DISTRICT © OUTDOOfI, RECREATION D15TRIGT NOTE! ANY LAND, LOT, OR SITE WITHIN THE TOWN OF VAIL MUNICIPAL BOUNDARY WHICH, ACCORDING TO THE OFFICIAL ZONING MAP,DOES NOT HAVE A DESIGNATED ZONE DIST! SHALL BE DESIGNATED NATVRAL ARBA_ YRE$E$yAT fC ZONE DISTRICT 2013 - The District Court decrees that Bighorn Townhouse Association is the owner in fee simple of the Parking Easement Area. The decree states: rr Is AD.TUDGED AND DFCREED that BIGHORN TOV►'NBOUSE ASSUC'IATIDN, INC., a Ct DmIdn corporation, Plaintiff, at the time of the commencement of this proceeding, was, and is now, the owner in fee simple absclutc, With right to possession of trte proper[.y dascribcd as-- THE s' THE PARCFI, OF LAND ill;PIC:ifED AS "PARKLNG EASEMENT", AS SHOWN ON THE PLAT OF BIWICIRN TUW-NAUUSES RECORDED NOVEMBER 13,19-6S AS . CEPT[ON NO. 104572, COUNTY OF EAGLE, STATE OF COLORADO AND AS DEPICTF-D OK (EXHIBIT A ATTACHED BERETO (t1x "Prcperty"); THAT the Lis Pendens is no lunger in effect with respect to the Praperty; an d THAT fee simple stIc in and to the Property be aild We Soule hereby is vested in the Plaintiff, sub?ect to the easements shown an the Plat of the Property and that each of the Defendants nTe forcvrr enjoined from asserting any other claim:, right, interest in or to the Property or any part thcrcaf. 2018 (current) - The Town of Vail zoning map, now a digital map, indicates that Tracts A and B are zoned Low Density Multiple Family, Tracts C and D are zoned Outdoor Recreation, and the Parking Easement Area has no zoning. Shown below as the blank area on the map. 10 n HNIsIde R.sld.rtlal(4) Siri�..Far ily R..ii.rdl.IISFV:) T—F—iN Residenuel Ird T F..,bii P,—FyIE—d.ry Feaid—. [PS] R d.r,&l GWMrfF.Q L... n- •iry Mr,16pw.P., „i y(L6MFl . m.di,.m n..- by Mi. tipiw —my; %f r) Hg^ Oe^sily Multiple-Fernilyp-IDMF) ® '/e II W I.ge 7o'r.nhouee ro rl Hw.ing iF} P_6Ii n A.--d.t-2 [FA -2 V Con-rn..ial Core l IC.C11 C— .1.1 Cor.21CC2j . hrni n..ri.l r... l lrrla L—t—d Mfixed U. l ILhw111 L—*..d PAx dU. 21LML121 Co rn—lsl Se Man Cerner ICSC) A%— i.I 9-1-- (AP 6} O.td— R.—'j., (CIO Agleu tural and Open Space ;'1[ N r_i.I Ar.. N. - r ­kr, (NAP! Ski _ase.'Recreerion 2 (5 31621 Park ng (P) G.n.r.I llsrlGll) I..n I 11 Zoning Analysis Standard Existing BHTH (Tracts A and B) BHTH with Parking Easement Area Zoned LDMF Lot Size: 0.769 acres/ 33,510 sq. ft. 1.116 acres/ 48,639 sq. ft. Buildable Area: 0.769 acres/ 33,510 sq. ft. Setbacks: 20 ft. Site Coverage: Density*: GRFA: Height: Landscape Area: 35% = 11,728.5 sq. ft. 9 du per buildable acre = 6.921 du 441/o = 14,744 sq. ft. 35 ft. flat/ 38 ft. sloping Min of 40% = 13,404 sq. ft. 1.116 acres / 48,639 sq. ft. 20 ft. 35% = 17,023.6 sq. ft. 9 du per buildable acre = 10 du 44% = 21,401 sq. ft. 35 ft. flat/ 38 ft. sloping Min of 40% = 19,455 sq. ft. Parking: Per Chapter 10-12 = 16 spaces Per Chapter 10-12 = 16 spaces *Density variance granted in 1991 to allow for additions to GRFA Proposed 1.116 acres/ 48,639 sq. ft. 1.116 acres / 48,639 sq. ft. 20 ft. front 20 ft. side 0 ft. rear (proposed for garage 8] 9,108 sq. ft. 8 du (no change) 9,644 sq. ft. (existing - no change) 35 ft. flat/ 38 ft. sloping (no change) Complies 16 space (8 enclosed) 12 Criteria for Review: Rezoning Section 12-3-7.C: CRITERIA AND FINDINGS, of the Vail Town Code provides the criteria for review for a Zone District Boundary Amendment. These criteria, along with an analysis, are provided below: 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town Applicant Response: The Vail Land Use Plan provides the following goals, objectives and policies that are applicable to the proposed rezoning: 1. General Growth Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2. The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3. The quality of development should be maintained and upgraded whenever possible. 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. Due to the historical error regarding ownership of the property, which pre -dates the adopted Official Land Use Map of the Vail Land Use Plan, there is no land use recommended for the property, as shown on the following map: _J LAND USE DESIGNATIONS Hillside Residential Low Density Residential Medium Dainity Residential High Density Residential Resort accommodations and Services _ Ca m m un ity Office =Village Master Plan 0 LionsHead RedeveopmeM Master Plan - CommunityCommcrcicl Transition Area P ubl i cfS em i -Public ski Bele Park Open Space FJot Dcsignoted Ski Portal N Gare Creek rV Town Boundary However, the entire surround neighborhood is indicated as "Medium Density Residential" which is described by the Vail Land Use Plan as follows: 13 MDR Medium Density Residential The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional / public uses such as parks and open space, churches and fire stations The proposed rezoning is consistent with the Vail Land Use Plan. The historical error in ownership lead to the Town generally mapping the property as right-of-way, though it was not. Had it been correctly identified as private property, it is likely that the Land Use Plan would have included it in the "medium density residential" land use category. The BHTH Association plans to use the property to provide enclosed parking for the owners. This too, is consistent with the Vail Land Use Plan policies and objectives, which encourage the upgrading and maintenance of existing development within the Town. As a result, the proposed zoning of LDMF is consistent with this criterion. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents Applicant Response: The BHTH consists of 8 townhouse units, zoned LDMF. The following map indicates the land uses and zoning surrounding the subject property: The zoning designation of LDMF is consistent with the existing and potential uses in the surrounding area. Multiple family residential is common in the neighborhood, with these uses adjacent to BHTH to the west. Open space and park uses surround the remainder. The 14 proposed zoning of LDMF is consistent with the existing BHTH use, and those uses of the surrounding neighborhood. As a result, the proposed zoning is consistent with this criterion. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives Applicant Response: Because of the error in ownership information, the property is currently indicated as unzoned by the Town of Vail Zoning Map. The proposed LDMF zoning is consistent with the existing zoning for the remainder of the BHTH property, and is the appropriate zoning for the subject property. The site is then treated as one for development standards and development potential. Any other zoning would create inconsistencies and confusion. As a result, the proposed zoning is consistent with minimal development objectives. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole Applicant Response: Because the Town believed this property was town -owned right-of-way, all current zoning and planning documents do not indicate any zoning or land use for the property. Because the property is owned by the BHTH Association and is part of their overall development site, zoning it anything other than LDMF would be inconsistent with the neighborhood. The zoning designation of LDMF is consistent with the zoning of the BHTH, provides for the growth of an orderly viable community, and would not constitute a spot zoning. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features Applicant Response: The eastern portion of the subject property is currently used for driveway and parking, along with a trash dumpster for the BHTH. The western portion of the property is vacant. The trail shown in the google earth image is just off the property on Town of Vail -owned land. The vacant area is generally flat and has little vegetation, consisting mostly just of native grass. 15 Zoning this property LDMF will have no adverse impacts on the natural environment. As a result, the proposed zoning amendment is consistent with this criterion. G. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district Applicant Response: The proposed zoning of LDMF is consistent with the zoning on the remainder of the Bighorn Townhouses. The purpose of LDMF is as follows: 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 The BHTH Association is proposing to use the property to provide enclosed parking for the existing 8 townhouses. Because the property is not currently zoned, LDMF provides appropriate development standards and uses commensurate with the remainder of the BHTH property. The proposed zoning makes the BHTH conforming with respect to density. As they exist today, they are nonconforming with respect to density. As a result, the proposed zoning is consistent with this criterion. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate Applicant Response: The historical background provided in this submittal outlines the unique conditions that have afflicted this property. All Town maps currently indicate this property as "unzoned" or "undesignated" due to the historical error in ownership, which was resolved by court decree in 2013. The property belongs to the BHTH Association and is part of their development site. The property should therefore be zoned LDMF, the same as the remainder of their property. S. Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. Applicant Response: Any additional information requested by the Planning and Environmental Commission and/or Town Council can be provided by the applicant. 16 Criteria for Review: Setback Variance Section 12-17-6: CRITERIA AND FINDINGS, of the Vail Town Code provides the criteria for review for a variance. These criteria, along with an analysis, are provided below: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Applicant Response: The proposed variance is to allow for the construction of enclosed parking for each of the units. The BHTH currently only have surface parking. The garages, each 300 sq. ft., allow each unit to have one enclosed parking space. This is a benefit to other uses and structures in the vicinity as it eliminates surface parking while also providing opportunities for storage of outdoor equipment such as bicycles, skis, kaya ks, etc. The area of the encroachment into the rear setback is adjacent only to the Town's property, currently zoned OR. This land is open space, and based on the recently adopted 2018 Open Lands Plan, there are no plans for this property to be developed or improved. There are no impacts to any uses or structures in the vicinity and therefore the requested variances is consistent with this criterion. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Applicant Response: There have been various variances granted to properties in the vicinity. Specifically, Mountain Meadows was granted a setback variance in 1979. The circumstances of that variance were not similar to this request by the BHTH, but does indicate that sites in the vicinity have received variances. A height variance was granted in 1983 to the house at 4768 Meadow Drive, which is the closest single- family residence to this property, located adjacent to the Town -owned property. In addition, the near -by Vail Racquet Club was granted a density variance. The BHTH also 17 received density variances in the past. Variances to facilitate the construction of enclosed parking are common throughout the Town of Vail. A front setback variance was granted at 5042 Snowshoe Lane to construct enclosed parking. This property was allowed to construct a garage with a 0 ft. front setback. A side setback variance was granted to 5109 Black Bear Drive to construct a garage within the side setback. The Town has consistently found that the lack of enclosed parking is a valid hardship for a variance for the construction of garages and that it is not a grant of special privilege to approve similar variances. As a result, the proposed variance is consistent with this criterion. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Applicant Response: Due to the nature of this variance request, there are no negative effects on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 18 Adjacent Properties MPG PO Box 4777 Eagle, CO 81631 BIGHORN TOWNHOUSE ASSOCIATION INC BILL BERNARDO 221 OAK KNOLL RD BARRINGTON, IL 60010-2615 TOWN OF VAIL FINANCE DEPT 75 S FRONTAGE RD W VAIL, CO 81657-5043 lfrl[■ ► ! ► 1l ! ■ ■l���l■I■7►1�I■ 117 � II►1111 McNeill Property Management PO Box 4694 Vail, CO 81658 RIVERBEND AT VAIL HOMEOWNERS ASSOC PO BOX 1 157 VAIL, CO 81658-1157 19 City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: January 14, 2019 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement' Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Low Density Multi -Family District and setting forth details in regard thereto. (PEC18-0039) ATTACHMENTS: File Name PEC18-0039 Staff Memo.pdf Attachment A. Vicinity Map.pdf Description Staff Memorandum Attachment A. Vicinity Map Attachment B. Bighorn Attachment B. Biqhorn Townhouses Rezoninq and Setback Variance narrative dated December 15 2018.pdf Townhouses Rezoning and Setback Variance narrative dated December 15, 2018 rowN OF Memorandum To: Planning and Environmental Commission From: Community Development Department Date: January 14, 2019 Subject: A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Low Density Multiple -Family District and setting forth details in regard thereto. (PEC18-0039) Applicant: Bighorn Townhouse Association, represented by Mauriello Planning Group Planner: Jonathan Spence SUMMARY The applicant, Bighorn Townhouse Association, represented by Mauriello Planning Group, is requesting a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Low Density Multiple -Family District (LDMF). Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, to the Vail Town Council, for a zone district boundary amendment, subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant is requesting a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Low Density Multiple -Family District (LDMF). This application is being processed concurrently with a Land Use Plan Amendment (PEC18- 0046) that will facilitate, if approved by the Town Council, an application for the development of the subject property for residential garages. The map below shows the existing Official Zoning Map and the result of the amendment, if approved by the Town Council. Zone District Amendment Proposal Bighorn Townhouses r' 4722 Meadow Drive ' Y -7717V Existing 4 J Proposed Zoning: Not UL-Signated ;stir r. -T Law Oensky Multiple -Family (LOM F) Residential Cluster (RC) �Two- Family Fri mary/Secondary Residential (PS) ..-_Outdoor Recreation (OR) r,r �r -------1, ............ ... ... ....�.,.W. .�; �<M,.raVzai9 rage ar iwi� 50 100 III. BACKGROUND Subject Property The Bighorn Townhouses, a residential development consisting of two, four -unit buildings and a related subdivision plat, was developed under Eagle County jurisdiction in 1968. At the time, the plat included four tracts (A, B, C and D and the "Parking Easement" parcel, as shown below: Town of Vail Page 2 y� 40 a rrrry��r• �` _ 4.�:x • i �, 1 .al..e laern�.- : i ' °.op. ilR . is _ �� -lei fC • Tura r4>arrrJ `P rr v is T' _..� ��^ •, } TRACTG , To CT 0 ` I � ' 1 }`Y:N6 !�5lr rJ1 II 11 F4 S0 q" LINE 9ECi1(t R,— xow.a.l - r — 4 ranr—7l4°9: i4 !- 6 OP sf CQNNE� sw IM CF LOT I BLOCK T Nf 114 SfC. 126T.}S., R 1WW aro rgir,4ORN SUBDIVISION FIFTH ADDITION 1 As part of a larger annexation, the subject property and the surrounding areas were annexed into the Town of Vail via Ordinance No. 13, Series of 1974. Due to the presence of the King Arthur's Court Avalanche area located directly to the south and the consensus that the parcels were undevelopable, tracts C and D were deeded to the Town of Vail for one dollar in 1977. The Bighorn Townhouse Association retained ownership of the "Parking Easement" parcel although there was some confusion that the Town of Vail might be the owner. This issue was resolved by court order in 2013 that decreed the association as the rightful owner. Although all annexed lands included in the 1974 East Vail annexation received interim zoning via Ordinance No. 15, Series of 1974, how the "Parking Easement" parcel came to have no current (2019) designation on either the Vail Land Use Plan Map or the Official Zoning Map is quite confusing. Dominic Mauriello with the Mauriello Planning Group has done an admirable job detailing this history in pages 6-11 of the Bighorn Townhouses Rezoning and Setback Variance narrative, included for reference as Attachment B. Town of Vail Page 3 IV. APPLICABLE PLANNING DOCUMENTS A. Town of Vail Land Use Plan Chapter 11— Land Use Goals and Policies (in Part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows.- 1. ollows: 1. General Growth/ Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2. The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3. The quality of development should be maintained and upgraded whenever possible. 1.12. Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. Town of Vail Page 4 B. Title 12, Zoning Regulations, Vail Town Code (in part) Chapter 12-1: Title, Purpose and Applicability 12-1-2: Purpose.- A. urpose: 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. urposes: 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. Article 12-6F Low Density Multiple -Family (LDMF) District 12-6F-1: PURPOSE: The low density multiple -family district is intended to provide sites for single-family, two - Town of Vail Page 5 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. 12-6F-2: PERMITTED USES.- The SES: The following uses shall be permitted in the LDMF district.- Employee istrict: Employee housing units, as further regulated by chapter 13 of this title. Multiple -family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. 12-6F-3: CONDITIONAL USES.- The SES: 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 itle: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Dog kennels. 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. Town of Vail Page 6 Religious institutions. Ski lifts and tows. 12-6F-4: ACCESSORY USES.- The SES: 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. 12-6F-5: LOT AREA AND SITE DIMENSIONS.- The IMENSIONS: 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 ETBACKS: 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. ONTROL: 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 Town of Vail Page 7 accommodation unit no larger than one-third (1/3) 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. 12-6F-9: SITE COVERAGE.- Site OVERAGE: Site coverage shall not exceed thirty five percent (35%) of the total site area. 12-6F-10: LANDSCAPING AND SITE DEVELOPMENT: At least forty percent (40%) 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. 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. V. SURROUNDING LAND USES Land Uses Zoning North: Residential Low Density Multiple -family (LDMF) South: Undeveloped US Forest (County) East: Undeveloped Outdoor Recreation (OR) (Town Owned) West: Residential Residential Cluster (RC) VI. SITE ANALYSIS Legal Description: (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968 Zoning: TBD Land Use Plan Designation: TBD (See PEC18-0046) Current Land Use: Surface Parking Geological Hazards: None (Formerly impacted by avalanche hazard prior to hazard map amendment) Town of Vail Page 8 Dimensional Requirements Standard Allowed / Required LDMF Subject Parcel Complies (Y/N) Site Area Min. 10,000 sq. ft. 15,129 sq. ft. Yes (.347 acres) Frontage Min. 30 ft. 200 ft. Yes Site Dimension Square area eighty feet 80' by 72' square No* (80) on each side Height Flat or Mansard Roof — 35' TBD TBD Sloping Roof — 38' Site Coverage Max. 35% of site area or TBD TBD 17,234 sq. ft. *The subject site is a component of the Bighorn Townhouse Development Lot. The subject parcel is not and will not be a standalone development site. This will be ensured through a future plat note and a clause in the rezoning ordinance. VII. ZONE DISTRICT BOUNDARY AMENDMENT CRITERIA Per Section 12-3-7, Amendment, Vail Town Code, before acting on a zone district boundary amendment application, the Planning and Environmental Commission shall consider the following factors with respect to this proposal: Note* Staff's analysis is based on an assumption that the Vail Land Use Plan is recommended for approval and adopted by resolution. 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. Staff finds the proposed rezoning to be consistent with the following goals of the Vail Land Use Plan: 1. General Growth/ Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (in fill areas). Town of Vail Page 9 5. Residential 5. 1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. Staff finds the proposed rezoning to be consistent with the following general and specific purposes of the Town's adopted Zoning Regulations: 12-1-2: Purpose.- A. urpose: 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. urposes: 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. Town of Vail Page 10 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. Staff finds the proposed rezoning to be consistent with the following purpose of the Low Density Multiple -Family (LDMF) District identified in Section 12-6F-1, Purpose, Vail Town Code: 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. Therefore, Staff finds the proposed rezoning meets this review criterion. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents. Existing surrounding uses include multi -family residential, open space and active park uses. The scale and intensity of these uses is compatible with the uses permitted under the Low Density Multiple -Family (LDMF) District. The Vail Land Use Plan, as amended, identifies the subject properties and many of those in the general vicinity as Low Density Residential. Staff finds that the proposed rezoning is suitable with the existing and potential uses on the site and with potential and existing surrounding uses. Therefore, Staff finds the proposed rezoning meets this review criterion. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The proposed zone district amendment from unidentified to the Low Density Multiple - Family (LDMF) District for the property located at 4722 Meadow Drive will allow for development that is harmonious with its surrounding uses. Potential concerns including vehicular circulation and visual impacts will be reviewed for required compliance with Town of Vail Page 11 the Vail Town Code. The proposed amendment allows for the development of residential garages. Therefore, Staff finds the proposed rezoning meets this review criterion. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. The development standards of Low Density Multiple -Family (LDMF) District will ensure appropriate, compatible development that is in the best interest of the community. This zoning amendment does not result in the granting of privilege nor is it incompatible with the Vail Comprehensive Plan, two tests for a determination of spot zoning. Therefore, Staff does not believe the applicant's proposal constitutes a spot zoning and finds the proposed rezoning meets this review criterion. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. Staff finds that rezoning of the subject properties from unidentified to the Low Density Multiple -Family (LDMF) District will not substantially alter the impacts on the natural environment in comparison to existing conditions. All appropriate measures to address issues including stormwater run off and water quality shall be required with any development proposal. The property does not contain any desirable natural features for consideration. Therefore, Staff finds the proposed rezoning meets this review criterion. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. As identified above, Staff finds that the proposed rezoning is consistent with the purpose of the Low Density Multiple -Family (LDMF) District. The rezoning and subsequent development further the purpose of the zone district by providing a suitable location for residential garages, designed and constructed to maintain the desirable residential qualities of the district, and the greater neighborhood. Therefore, Staff believes the proposed rezoning meets this review criterion. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. As described in detail in the applicant's narrative, the historical zoning of the subject parcel is uncertain. As a result, the current Official Zoning Map has no designation for this property. Therefore, Staff believes this criterion is not applicable to this application. Town of Vail Page 12 8. Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. VIII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, to the Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Low Density Multiple -Family District and setting forth details in regard thereto (PEC18-0039). Staff's recommendation is based upon the review of the criteria described in Section VII of this memorandum and the evidence and testimony presented. It should be noted that if the Planning and Environmental Commission chooses to recommend approval, it is contingent on the Town Council approving PEC18-0046, the Land Use Plan Map Amendment. Should the Planning and Environmental Commission choose to forward a recommendation of approval, for this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Low Density Multiple -Family District and setting forth details in regard thereto. (PEC 18-0039)" Should the Planning and Environmental Commission choose to forward a recommendation of approval, for this request, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Section Vll this Staff memorandum to the Planning and Environmental Commission dated January 14, 2019, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town, and Town of Vail Page 13 2. That the amendment furthers the general and specific purposes of the zoning regulations, and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. IX. ATTACHMENTS A. Vicinity Map B. Bighorn Townhouses Rezoning and Setback Variance narrative dated December 15, 2018 Town of Vail Page 14 i Bighorn Townhouses Rezoning &Setback Variance Date Submitted: December 15, 2018 u Mauriello Planning Group Introduction The Bighorn Townhouse (BHTH) Association is requesting two applications related to their property located at 4708, 4718, and 4722 Meadow Drive / Bighorn Townhouses. The first request is a zoning of the property indicated in red on the map below. This area, which was erroneously believed to be owned by the Town of Vail until 2013, is currently not designated on the Town's zoning map (an error). The BHTH Association, who owns the property, is requesting the property be zoned Low Density Multiple Family (LDMF), which is consistent with the remainder of the BHTH property, which is indicated in yellow. The second application is a request for a variance from Section 12-6F-6: Setbacks, to allow for the construction of enclosed parking within the 20 ft. rear setback. The BHTH Association is proposed 8 garages on the property shown in red on the map above. Only one of the garages requires a variance, as the others can be constructed under LDMF zoning, should the zoning request be approved. The property adjacent to the variance request is owned by the Town of Vail and zoned Outdoor Recreation (OR). The following indicated the proposed garage plan, and the area of the variance has been indicated in blue. 2 Historical Background Bighorn Townhouses are located in East Vail at 4708, 4718, and 4722 Meadow Drive. Bighorn Townhouses were developed under Eagle County jurisdiction in 1968, then annexed into the Town of Vail in 1974. The property includes a four-plex on Tract A, a four-plex on Tract B, and a property identified on the original plat as Parking Easement. Currently, the Town of identifies both Tracts A and B as zoned Low Density Multiple Family. However, the Town currently does not identify zoning on the Parking Easement Area. Eagle County adopted Subdivision Regulations in 1964 and adopted their first Zoning Regulations in 1974. In 1968, the Bighorn Townhouses Subdivision Plat, along with the Declarations of Protective Covenants and Party Walls for Bighorn Townhouses, were recorded in the Office of Clerk and Recorder. At the time, the Plat provided for four Tracts (A, B, C, and D) and a "Parking Easement" as indicated on the portion of the plat below: 3. PARKING EASEMENTS SHOWN ARE FCR EXCLUSIVE USE OF OWNERS AND RESIDENTS OF THIS SUBDIVISION AND IS IN ADDITION 'C THE ACCESS AND UTILITY EASE - MENTS INDICATED. The Plat indicated the existing Townhouses on Tract A and B, while Tract C and D were vacant. The Parking Easement Area was loosely described on the Plat as follows: 4 40 L6�'�._ � 4, � ,` I •�nV.� _l N.! CCR fJ.:ucnz TRArTc v+' 2OUTH LINE 9ECTInn lE; ` �E± ?2F ran E •�.���•— .6:'S3'2d sF cc4 NCS sw �ra cr: s_c lz, r.ss, LOT I BLOCK T n eo w. ylu s•r� g�'HORN5lJR OIVISIOH 1 FIFTH ADDITI014 4 The 1968 Covenants do not provide much additional information on the Parking Easement Area although they indicate that the parking easement was exclusively for vehicles belonging to "unit owners." The Covenants state the following: 5. EASEMENTS. Easerrients axe hereby reserved as shown or descrihed on the recorded plat of the subdivision, There are in additior. easernents reserved in the riglrf, o` way of each road for water and all other utilitil�s. All access easement; re- flected an the recordrd plat of the subdivision shall be for the use and bcncfit of all owners of land within the subdivision except the access eascmcn;s approaching the constructed runts on Tract A and Tract B which easements shall also lie used for under- ground utilities and shall be for the sole uae and benefit of the owners of units within each respective tract. The areas within the subdivision Cesignated for park-ina casc- ment shall be exclusively for passenger automobiles 'belonging to the unit owners 411d their guests, shall be limited to turc automobiles per unit, a;)d at no Cline shall any automobile be parked thereon for more than seven days without being moved. Au.a- mobiles shall not be parked overnight in road oascrnent5. Ordinance 13 of 1974 annexed significant portions of East Vail, including Bighorn Townhouses into the Town of Vail. (Ordinance 20 of 1974 amended the legal description). Letters from the Town to the then -owners of Tract C and D indicate that in February of 1977, the Town initiated a rezoning of Tracts C and D to Agricultural and Open Space. In response, the owners stated they would prefer to transfer ownership of Tracts C and D to the Town of Vail since the tracts were located in the avalanche hazard area. Tracts C and D were subsequently deeded to the Town of Vail for $1.00. Bighorn Townhouses retained ownership of the Parking Easement Area though the Town believed it owned area until just recently in 2013. The following section outlines a timeline to explain the errors in ownership information, including why and how the Town does not currently indicate any zoning for the property. Timeline This section is intended to provide a timeline to explain the original zoning of the entire Bighorn Townhouses property at the time of annexation, any subsequent rezoning of the property, and to show that the Town of Vail zoning map is currently in error. 1968 - Bighorn Townhouses is developed and platted under Eagle County Jurisdiction. 1974 - Bighorn Townhouses (as part of a larger annexation) is annexed into the Town of Vail by Ordinance 13 of 1974. Ordinance 20 of 1974 later corrected the legal description of this annexation. 1974 - The Town adopts Ordinance 15 of 1974, an emergency ordinance adopting interim zoning for the annexed area, including Bighorn Townhouses. The map was not attached to the zoning ordinance but was located in the Town files. The map is difficult to read for the Bighorn Townhouses property. It appears to indicate "A" or Agriculture zoning for the Parking Easement area. � WUffM WrIlIM1111 .- - �ra�■Rr� 1974 - The Town adopts Ordinance 26 of 1974, adopting "permanent" zoning for the annexed area. This followed a series of Planning and Environmental Commission hearings where property owners were invited to comment on the proposed zoning of their property. The Ordinance references a map on file, but this map could not be located in Town files. . Undated (1968-1976) -The Town of Vail has a map on file that was identified as "Historic Zoning - Current Conditions between 1968-1976." This map identifies Tracts A and B as zoned Low Density Multiple Family; Tracts C and D as Two -Family Residential, and the Parking Easement Area as Two -Family Residential. A portion of this map is provided below: Legend: ot Agricultural and Open Space District ' - Single Family Residential District Two Family Residential DistrictsEQ Residential Cluster District \; ,^ j TRACT C o Low Density Multiple Family DistrictBiharn eta Medium Density Multiple Family District Subdivisi ��. High Density Multiple Family District " 1975 - Avalanche study indicates that a substantial area within the recently annexed Bighorn neighborhood is in a potential avalanche path, including portions of Tracts A and B, all of Tracts C and D, and the majority of the Parking Area Easement. This study also appears to identify the zoning of Tracts A and B as Low Density Multiple Family, Tracts C and D as Two -Family Residential, and the Parking Easement as Two -Family Residential, though the map is difficult to read. ••t�: �. an..r.. rA wli.:::::':". .:7225E TOM Ct ❑ efSkgRW 3U&D1WS6AF 1=_ ... .............. - - ..._..... B e FIFTY ADDlr1AN .�y7W-N d -dM '- g .......... -- ZoAYd]wL] MQP :'scree: r"-lao~- BIGh'ORN AREA WHITERIYEA ryp A p A T Alf, CVLaRA(�V NATIOOVAI- FaRE57 llllillp' A�l+i %�. $wln A'0 9t.0 0 i L-4 see, :sem 7 1977 - The Town notifies the then owner of Tracts C and D that they are proposing to rezone Tracts C and D to Agricultural and Open Space due to the avalanche hazard present on these properties. In response, the owners opt to deed the property to the Town for $1.00. Though only Tracts C and D were deeded to the Town, it appears from Town records that the Town believed the Parking Easement Area was also included in this transfer. This error begins a series of actions leading to the confusion about the Parking Easement Area that still exists today. A portion of that deed is provided below: ITO; BkMWW hT - .E,':'. Princeville i Corporaton, a Coiorado cor. ;-: >•�.;' p4=atfan' wikh •`its ... ' .' prznci.pal place of businc:s al. 18G4 Lincoln Street, ncnver, Colorado 80295, for One Do lay ($1,00) in hand Of which ig lie r -by acknowledged, docu hereby sellrandrquitclaim ." to the Town of Vail, a Colorado municip:sl. cornaratior its Successors and assigns, all right, title and int:crest in and ko the foLlowinl; real. property sitceate in the County ❑£ Eagle, State of Colorado, to wit: Blocks C and n, Sighpr;y Tnknho::;r.;, a suodi�ision, according to- the recorded pLz� thereof, TO HAVC AND TO HOLD the premises herein described wide all apparreranceN thereto. Dated this .316y of February, 1977. FRINCEVII,LE CORPORATION „. ince Pre i 1981 - The Town adopts Ordinance 41 of 1981 which rezones Tracts C and D from Two Family Residential (R) to Agricultural and Open Space. The Ordinance clearly identifies that only Tracts C and D were rezoned: CLRREII HEC•Ol ZihNDEi] LEGAL DESCRIPTION ZONE. ZONE Tract B. Vail villaee 2nd Filing PA PIA) ( SL• i 11Liiwtm) lracls C and li. -BiR uyu 1ownlLutise ]llbdiv1S1Un 1 A The following maps indicate the error the Town made in rezoning the Parking Easement Area. The first map, from 1981 prior to the adopted of Ordinance 41 of 1981 clearly indicates Tracts C and D, and the Parking Easement Area zoned Two -Family Residential. The second map, from 1984, shows the rezoning of Tracts C and D to Agricultural Open Space which was adopted by Ordinance 41 of 1981, but also shows the Town rezoned the Parking Easement Area in error. The Town's maps also shows the "access easement" as a public right-of-way, another error. 0.3 it s 1981 TOV Zoning Map r~ yr ITUWN OF HAIL Z014ING LEGEND TWO FAMILY RESIDENTIAL DISTRICT QTR! GF , Q RESIDENTIAL CLUSTER DISTRICT 0 LOW DENiS1TY MULTIPLE FAMILY DISTRICT MEDIUM DENSITY MULTIPLE FAMILY DISTRICT C� HIGH DENSITY MULTIPLE FAMILY 0157RICT PUBLIC ACCOMODATIONI DISTRICT I SPECIAL DEVELCPM'<NT DISTRICT PUBLIC USE DISTRICT . COMMERCIAL CORE I DISTRICT COMMERCIAL CORE 2 DISTRICT COMMERCIAL SERVICE CENTER DISTRICT AGRICULTURAL a OPEN SPACE DISTRICT I GREENBELT d NATURAL OPEN SPACE DISTRICT _] HEAVY SERVICE DISTRICT PARKING COMMERCIAL GORE 3 DISTRICT VAIL ZONING LEG ® SINGLE FAMILY RESIDENTIAL DISTRICT C TWO FAMILY RESIDENTIAL DISTRICT ® TWO FAMILY PRIMARY/SECONDARY RESIDENTIAL DISTRICT RESIDENTIAL CLUSTER WBTRICT ® LGw DEN "MULTIPLE FWLY DISMaT - ® MEISUY DD1afry xxrpLE mmiLY gdSfRICT HIONDMETY MULYIPLE FAMILY AISTMfCi ® PUNLIC ACCQW ATN7K DIrMICT SPECIAL DEVELOPMENT DISTRICT ® PUBLIC USF DISTRICT , Q COMMERCIAL ODRE I DISTRICT i� CCMMERCIAL CORE E DISTRICT ® WMMERCUIL CORE 3 UIWMJCT AGRFOULTURAL 8 OPEN SPACE DISTRICT WAVY SERVICE DISTRICT PARKING ARTERIAL BUSINESS DISMFCT SKI BA5S RECREATION Q HILLSIDE RESIDENTIAL r Qa 1991 - A map dated 1991 entitled "Town of Vail Owned Properties" shows that as of this date, the Town believed it owned the Parking Easement Area along with Tracts C and D (hi -lighted area indicates areas owned by the Town): W%1' VkIAd WL 1ls�r1 s r r.r x � xnls+f nm•luwnr � mim 1W-li�•w•ur iN141 sae asM�, RMis 13.. /C.Rd. $mf¢T �.•. Rarwyd �dfKk !.n2 197T E 1995 - The Town adopts Ordinance 19 of 1995, which, as part of a larger rezoning associated with the adoption of the Town of Vail Open Lands Plan, rezoned Tract C and D from Agricultural and Open Space to Outdoor Recreation. This zoning designation remains today. 1995 - The last version of the Town of Vail Zoning Map to be done on paper (instead of created digitally in GIS) indicates Tract A and B are zoned Low Density Multiple Family, Tracts C and D are zoned Outdoor Recreation, and the Parking Easement Area is zoned Agriculture and Open Space. TOWN OF VAIL ZDNING LEGEND ® SINGLE FAMRY RESIDENTIAL DISTRICT 0 TWO FAMILY RESIDENTIAL DISTRICT ® TWO FAMILY PRIMARY-CONDARY_ RESIDENTIAL DISTRICT 0 RESIDENTIAL CLUSTER DISTRICT ® LOW DENSITY MULTIPLE FAMILY DISTRICT MEDIUM DENSITY MULTIPLE FAMILY DISTRICT HISNOENSITY MULTIPLE FAMILY DISTRICT PUBLIC ACCOMCDATR0. DISTRICT ® SPECIAL DEVELOPMENT DISTRICT =� GENERAL USE D157RILT 0 COMMERCIAL CORE I DISTRICT COMMERCIAL CORE E DISTRICT COMMERCIAL CORE 3 DISTRICT COMMERCIAL SER�'J�F,.6ENT6R. DISTRICT �•��JfGHiCU['FUAgL B LVEN SPADE DISTRICT i_..J NATURAL AREA F HEAVY SERVICE DISTRICT DISTRICT PARKING DISTRKT ..��'^...i ARTERIAL BUSINESS DISTRICT SKI BASE RECREATION DISTRICT Q HILLSfDE RESIDENTIAL DISTRICT © OUTDOOfI, RECREATION D15TRIGT NOTE! ANY LAND, LOT, OR SITE WITHIN THE TOWN OF VAIL MUNICIPAL BOUNDARY WHICH, ACCORDING TO THE OFFICIAL ZONING MAP,DOES NOT HAVE A DESIGNATED ZONE DIST! SHALL BE DESIGNATED NATVRAL ARBA_ YRE$E$yAT fC ZONE DISTRICT 2013 - The District Court decrees that Bighorn Townhouse Association is the owner in fee simple of the Parking Easement Area. The decree states: rr Is AD.TUDGED AND DFCREED that BIGHORN TOV►'NBOUSE ASSUC'IATIDN, INC., a Ct DmIdn corporation, Plaintiff, at the time of the commencement of this proceeding, was, and is now, the owner in fee simple absclutc, With right to possession of trte proper[.y dascribcd as-- THE s' THE PARCFI, OF LAND ill;PIC:ifED AS "PARKLNG EASEMENT", AS SHOWN ON THE PLAT OF BIWICIRN TUW-NAUUSES RECORDED NOVEMBER 13,19-6S AS . CEPT[ON NO. 104572, COUNTY OF EAGLE, STATE OF COLORADO AND AS DEPICTF-D OK (EXHIBIT A ATTACHED BERETO (t1x "Prcperty"); THAT the Lis Pendens is no lunger in effect with respect to the Praperty; an d THAT fee simple stIc in and to the Property be aild We Soule hereby is vested in the Plaintiff, sub?ect to the easements shown an the Plat of the Property and that each of the Defendants nTe forcvrr enjoined from asserting any other claim:, right, interest in or to the Property or any part thcrcaf. 2018 (current) - The Town of Vail zoning map, now a digital map, indicates that Tracts A and B are zoned Low Density Multiple Family, Tracts C and D are zoned Outdoor Recreation, and the Parking Easement Area has no zoning. Shown below as the blank area on the map. 10 n HNIsIde R.sld.rtlal(4) Siri�..Far ily R..ii.rdl.IISFV:) T—F—iN Residenuel Ird T F..,bii P,—FyIE—d.ry Feaid—. [PS] R d.r,&l GWMrfF.Q L... n- •iry Mr,16pw.P., „i y(L6MFl . m.di,.m n..- by Mi. tipiw —my; %f r) Hg^ Oe^sily Multiple-Fernilyp-IDMF) ® '/e II W I.ge 7o'r.nhouee ro rl Hw.ing iF} P_6Ii n A.--d.t-2 [FA -2 V Con-rn..ial Core l IC.C11 C— .1.1 Cor.21CC2j . hrni n..ri.l r... l lrrla L—t—d Mfixed U. l ILhw111 L—*..d PAx dU. 21LML121 Co rn—lsl Se Man Cerner ICSC) A%— i.I 9-1-- (AP 6} O.td— R.—'j., (CIO Agleu tural and Open Space ;'1[ N r_i.I Ar.. N. - r ­kr, (NAP! Ski _ase.'Recreerion 2 (5 31621 Park ng (P) G.n.r.I llsrlGll) I..n I 11 Zoning Analysis Standard Existing BHTH (Tracts A and B) BHTH with Parking Easement Area Zoned LDMF Lot Size: 0.769 acres/ 33,510 sq. ft. 1.116 acres/ 48,639 sq. ft. Buildable Area: 0.769 acres/ 33,510 sq. ft. Setbacks: 20 ft. Site Coverage: Density*: GRFA: Height: Landscape Area: 35% = 11,728.5 sq. ft. 9 du per buildable acre = 6.921 du 441/o = 14,744 sq. ft. 35 ft. flat/ 38 ft. sloping Min of 40% = 13,404 sq. ft. 1.116 acres / 48,639 sq. ft. 20 ft. 35% = 17,023.6 sq. ft. 9 du per buildable acre = 10 du 44% = 21,401 sq. ft. 35 ft. flat/ 38 ft. sloping Min of 40% = 19,455 sq. ft. Parking: Per Chapter 10-12 = 16 spaces Per Chapter 10-12 = 16 spaces *Density variance granted in 1991 to allow for additions to GRFA Proposed 1.116 acres/ 48,639 sq. ft. 1.116 acres / 48,639 sq. ft. 20 ft. front 20 ft. side 0 ft. rear (proposed for garage 8] 9,108 sq. ft. 8 du (no change) 9,644 sq. ft. (existing - no change) 35 ft. flat/ 38 ft. sloping (no change) Complies 16 space (8 enclosed) 12 Criteria for Review: Rezoning Section 12-3-7.C: CRITERIA AND FINDINGS, of the Vail Town Code provides the criteria for review for a Zone District Boundary Amendment. These criteria, along with an analysis, are provided below: 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town Applicant Response: The Vail Land Use Plan provides the following goals, objectives and policies that are applicable to the proposed rezoning: 1. General Growth Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2. The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3. The quality of development should be maintained and upgraded whenever possible. 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. Due to the historical error regarding ownership of the property, which pre -dates the adopted Official Land Use Map of the Vail Land Use Plan, there is no land use recommended for the property, as shown on the following map: _J LAND USE DESIGNATIONS Hillside Residential Low Density Residential Medium Dainity Residential High Density Residential Resort accommodations and Services _ Ca m m un ity Office =Village Master Plan 0 LionsHead RedeveopmeM Master Plan - CommunityCommcrcicl Transition Area P ubl i cfS em i -Public ski Bele Park Open Space FJot Dcsignoted Ski Portal N Gare Creek rV Town Boundary However, the entire surround neighborhood is indicated as "Medium Density Residential" which is described by the Vail Land Use Plan as follows: 13 MDR Medium Density Residential The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional / public uses such as parks and open space, churches and fire stations The proposed rezoning is consistent with the Vail Land Use Plan. The historical error in ownership lead to the Town generally mapping the property as right-of-way, though it was not. Had it been correctly identified as private property, it is likely that the Land Use Plan would have included it in the "medium density residential" land use category. The BHTH Association plans to use the property to provide enclosed parking for the owners. This too, is consistent with the Vail Land Use Plan policies and objectives, which encourage the upgrading and maintenance of existing development within the Town. As a result, the proposed zoning of LDMF is consistent with this criterion. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents Applicant Response: The BHTH consists of 8 townhouse units, zoned LDMF. The following map indicates the land uses and zoning surrounding the subject property: The zoning designation of LDMF is consistent with the existing and potential uses in the surrounding area. Multiple family residential is common in the neighborhood, with these uses adjacent to BHTH to the west. Open space and park uses surround the remainder. The 14 proposed zoning of LDMF is consistent with the existing BHTH use, and those uses of the surrounding neighborhood. As a result, the proposed zoning is consistent with this criterion. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives Applicant Response: Because of the error in ownership information, the property is currently indicated as unzoned by the Town of Vail Zoning Map. The proposed LDMF zoning is consistent with the existing zoning for the remainder of the BHTH property, and is the appropriate zoning for the subject property. The site is then treated as one for development standards and development potential. Any other zoning would create inconsistencies and confusion. As a result, the proposed zoning is consistent with minimal development objectives. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole Applicant Response: Because the Town believed this property was town -owned right-of-way, all current zoning and planning documents do not indicate any zoning or land use for the property. Because the property is owned by the BHTH Association and is part of their overall development site, zoning it anything other than LDMF would be inconsistent with the neighborhood. The zoning designation of LDMF is consistent with the zoning of the BHTH, provides for the growth of an orderly viable community, and would not constitute a spot zoning. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features Applicant Response: The eastern portion of the subject property is currently used for driveway and parking, along with a trash dumpster for the BHTH. The western portion of the property is vacant. The trail shown in the google earth image is just off the property on Town of Vail -owned land. The vacant area is generally flat and has little vegetation, consisting mostly just of native grass. 15 Zoning this property LDMF will have no adverse impacts on the natural environment. As a result, the proposed zoning amendment is consistent with this criterion. G. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district Applicant Response: The proposed zoning of LDMF is consistent with the zoning on the remainder of the Bighorn Townhouses. The purpose of LDMF is as follows: 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 The BHTH Association is proposing to use the property to provide enclosed parking for the existing 8 townhouses. Because the property is not currently zoned, LDMF provides appropriate development standards and uses commensurate with the remainder of the BHTH property. The proposed zoning makes the BHTH conforming with respect to density. As they exist today, they are nonconforming with respect to density. As a result, the proposed zoning is consistent with this criterion. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate Applicant Response: The historical background provided in this submittal outlines the unique conditions that have afflicted this property. All Town maps currently indicate this property as "unzoned" or "undesignated" due to the historical error in ownership, which was resolved by court decree in 2013. The property belongs to the BHTH Association and is part of their development site. The property should therefore be zoned LDMF, the same as the remainder of their property. S. Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. Applicant Response: Any additional information requested by the Planning and Environmental Commission and/or Town Council can be provided by the applicant. 16 Criteria for Review: Setback Variance Section 12-17-6: CRITERIA AND FINDINGS, of the Vail Town Code provides the criteria for review for a variance. These criteria, along with an analysis, are provided below: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Applicant Response: The proposed variance is to allow for the construction of enclosed parking for each of the units. The BHTH currently only have surface parking. The garages, each 300 sq. ft., allow each unit to have one enclosed parking space. This is a benefit to other uses and structures in the vicinity as it eliminates surface parking while also providing opportunities for storage of outdoor equipment such as bicycles, skis, kaya ks, etc. The area of the encroachment into the rear setback is adjacent only to the Town's property, currently zoned OR. This land is open space, and based on the recently adopted 2018 Open Lands Plan, there are no plans for this property to be developed or improved. There are no impacts to any uses or structures in the vicinity and therefore the requested variances is consistent with this criterion. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Applicant Response: There have been various variances granted to properties in the vicinity. Specifically, Mountain Meadows was granted a setback variance in 1979. The circumstances of that variance were not similar to this request by the BHTH, but does indicate that sites in the vicinity have received variances. A height variance was granted in 1983 to the house at 4768 Meadow Drive, which is the closest single- family residence to this property, located adjacent to the Town -owned property. In addition, the near -by Vail Racquet Club was granted a density variance. The BHTH also 17 received density variances in the past. Variances to facilitate the construction of enclosed parking are common throughout the Town of Vail. A front setback variance was granted at 5042 Snowshoe Lane to construct enclosed parking. This property was allowed to construct a garage with a 0 ft. front setback. A side setback variance was granted to 5109 Black Bear Drive to construct a garage within the side setback. The Town has consistently found that the lack of enclosed parking is a valid hardship for a variance for the construction of garages and that it is not a grant of special privilege to approve similar variances. As a result, the proposed variance is consistent with this criterion. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Applicant Response: Due to the nature of this variance request, there are no negative effects on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 18 Adjacent Properties MPG PO Box 4777 Eagle, CO 81631 BIGHORN TOWNHOUSE ASSOCIATION INC BILL BERNARDO 221 OAK KNOLL RD BARRINGTON, IL 60010-2615 TOWN OF VAIL FINANCE DEPT 75 S FRONTAGE RD W VAIL, CO 81657-5043 lfrl[■ ► ! ► 1l ! ■ ■l���l■I■7►1�I■ 117 � II►1111 McNeill Property Management PO Box 4694 Vail, CO 81658 RIVERBEND AT VAIL HOMEOWNERS ASSOC PO BOX 1 157 VAIL, CO 81658-1157 19 City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: January 14, 2019 ITEM/TOPIC: A request for the review a variance from Section 12-6F-6, Setbacks, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a rear setback of zero feet (0') where twenty feet (20') is required for a detached garage, located at 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968), and setting forth details in regard thereto. (PEC18-0038) ATTACHMENTS: File Name PEC18-0038 Staff Memo.pdf Attachment A. Vicinity Map.pdf Description Staff Memorandum Attachment A. Vicinity Map Attachment B. Bighorn Attachment B. Biqhorn Townhouses Rezoninq and Setback Variance narrative dated December 15 2018.pdf Townhouses Rezoning and Setback Variance narrative dated December 15, 2018 Attachment C. Plan Set.pdf Attachment C. Plan Set TOWN OF VAIL ' Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 14, 2019 SUBJECT: A request for the review a variance from Section 12-6F-6, Setbacks, Vail Town Code, pursuant to Title 12, Chapter 17, Variances, Vail Town Code, to allow for a rear setback of zero feet (0') where twenty feet (20') is required for a detached garage, located at 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968), and setting forth details in regard thereto. (PEC18-0038) Applicant: Bighorn Townhouse Association, represented by Mauriello Planning Group Planner: Jonathan Spence SUMMARY The applicant, Bighorn Townhouse Association, represented by Mauriello Planning Group, is requesting a review of a variance from Section 12-6F-6, Setbacks, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a rear setback of zero feet (0') where twenty feet (20') is required for a detached garage, located at 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968). Based upon staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of this application, subject to the findings noticed in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Bighorn Townhouse Association, represented by Mauriello Planning Group, is requesting the review of variances from Section 12-6F-6 Setbacks, Vail Town Code, to allow for the construction of a detached residential garage, intended for a single vehicle, which would result in a zero foot (0') setback. The site plan below illustrates the proposed garage project and the variance request: 4 � k f k. Xe IF The proposed residential eight (8) unit garage project includes seven (7) garage bays in one structure along Meadow Drive and one standalone unit. All of the garages will be accessed from an internal driveway. A vicinity map (Attachment A), applicant's narrative including a response to the response to variance criteria (Attachment B), plan set (Attachment C), are attached for review. BACKGROUND The Bighorn Townhouses, a residential development consisting of two, four -unit buildings and a related subdivision plat, was developed under Eagle County jurisdiction in 1968. At the time, the plat included four tracts (A, B, C and ) and the "Parking Easement" parcel, as shown below: Town of Vail Page 2 tty r,,'rrak r r¢ r / w nrrr " �Riti I v iF • 1 ,�wp i» fi I` SO 11TH LINE 9EGTIpn 12) - ��—. IpKunn s r fi •{ r ti f'�r 4 'tea y -E 4� r 4. iF —r�•� �' ,zrx.._iF� Jo r� SOJa.a9hn. � r `� �esrJc u.z ucnrs �. TRACT 11 TRACT C 1 8a } I gs� h SE CORNER SN Ip CF I LOT I BLOCK 7- R RDp w. em P.N I 81CHORN SUBDIVIS104 I I F1FTN ADDITION I As part of a larger annexation, the subject property and the surrounding areas were annexed into the Town of Vail via Ordinance No. 13, Series of 1974. Due to the presence of the King Arthur's Court Avalanche area located directly to the south and the consensus that the parcels were undevelopable, tracts C and D were deeded to the Town of Vail for one dollar in 1977. The Bighorn Townhouse Association retained ownership of the "Parking Easement" parcel although there was some confusion that the Town of Vail might be the owner. This issue was resolved by court order in 2013 that decreed the association as the rightful owner. In May of 2017, an application for a setback variance for the construction of an additior and deck was reviewed and approved by the PEC for the residence B-4. Factors cited in support of the approval include the 1979 zoning amendment that increased the side setback in the Low Density Multiple -Family (LDMF) District from ten feet (10') to twenty feet (20'), unusual lot shape and the town ownership of the adjacent property. IV. APPLICABLE PLANNING DOCUMENTS Staff finds that the following provisions of the Vail Town Code are relevant to the review of this proposal: Town of Vail Page 3 Title 12 — Zoning Regulations, Vail Town Code Chapter 6, Article D, Two -Family Primary/Secondary Residential (PS) District (in part) 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 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). Chapter 12-17, Variances (in part) 12-17-1: PURPOSE: A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity, or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. B. Development Standards Excepted: Variances may be granted only with respect to the development standards prescribed for each zone district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements, or with respect to the provisions of chapter 11 of this title, governing physical development on a site. C. Use Regulations Not Affected: The power to grant variances does not extend to the use regulations prescribed for each zone district because the flexibility necessary to avoid results inconsistent with the objectives of this title is Town of Vail Page 4 provided by chapter 16, "Conditional Use Permits", and by section 12-3-7, `Amendment, of this title. 12-17-6: CRITERIA AND FINDINGS: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following W*RRM a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not generally apply to other properties in the same zone district. Town of Vail Page 5 c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. V. ZONING AND SITE ANALYSIS Address: 4722 Meadow Drive Legal Description: Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968 Zoning: TBD (See PEC18-0039) Land Use Plan Designation: TBD (See PEC18-0046) Current Land Use: Surface Parking Geological Hazards: None (Formerly impacted by avalanche hazard prior to hazard map amendment) Development Lot: 4708, 4718 and 4722 Meadow Drive Standard Allowed / Required LDMF Existing Proposed Site Area Min. 10,000 sq. ft. 48,458 sq. ft. (1.112 No Change acres) Front — 20' Front — 20' Front — 20' Setbacks Side — 20' Side(W) — 20' Side(W) — 20' Rear — 20' Side(E) — 20' Side(E) — 20'+ Rear — 20' Rear — 0' Height Flat or Mansard Roof — 35' Sloping Roof — 23' TBD Sloping Roof — 38' 9 DUs/ per acre of buildable 8 DUs No change Density site area, or 10 units on a 1.112 acre parcel. GRFA Max. 44/100 Buildable Site 9,644 sq. ft. No Change Area or 21,321 sq. ft. * Site Coverage Max. 35% of site area or 9,108 sq. ft. TBD. 17,024 sq. ft. Parking/Loading :52,000 GRFA=2 spaces 17 Required 17 spaces 2_2,000 GRFA= 2.5 spaces Landscaping Min. 40% of site area or 84% (15,982 sq. ft.) TBD 19,455 sq. ft. VI. SURROUNDING LAND USES AND ZONING Existing Land Use: Zoning District: North: Residential Low Density Multiple -family (LDMF) South: Undeveloped US Forest (County) East: Undeveloped Outdoor Recreation (OR) (Town Owned) West: Residential Residential Cluster (RC) Town of Vail Page 6 VII. REVIEW CRITERIA The review criteria for a variance request are prescribed in Title 12, Chapter 17, Variances, Vail Town Code. Note* Staffs analysis is based on an assumption that the Rezoning is recommended for approval and adopted by ordinance. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The proposed residential eight (8) unit garage project includes seven (7) garage bays in one structure along Meadow Drive and one standalone unit. The proposed setback variance will allow each of the units to have an enclosed garage. The encroachment into the rear setback will not adversely affect any uses on the adjacent Town -owned open space parcel. Therefore, Staff finds this proposal will not negatively affect the other existing or potential uses and structures in the vicinity in comparison to existing conditions. Staff finds the proposed variance meets this criterion. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. The proposed variance will facilitate the applicant's desire to build an enclosed garage for each unit in the Bighorn Townhouse complex. The applicant has demonstrated with the provided site plan that all options to construct the eight (8) garages without a variance have been exhausted. The proposed garages will improve the functionality and value of the homes, an upgrade supported by Land Use Plan Goal 1.3. Staff believes the proposed variances are consistent with the goals of the Town of Vail Land Use Plan and purposes of the Low Density Multiple -Family (LDMF) District as identified in Section IV of this memorandum. The Town of Vail has consistently found that the lack of enclosed parking is a valid hardship and not a grant of special privilege because of the climate. Staff finds the proposed variance meets this criterion. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Town of Vail Page 7 The proposed variance will facilitate the construction of an additional garage unit that will not alter population; will not affect any existing transportation or traffic facilities, public facilities, or utilities; and will not affect public safety in comparison to existing conditions. Therefore, Staff finds the proposed variance conforms to this criterion. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. VIII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission approve, with conditions, a variance from Section 12-6F-6, Setbacks, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a rear setback of zero feet (0') where twenty feet (20') is required for a detached garage, located at 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) and setting forth details in regard thereto . Should the Planning and Environmental Commission choose to approve, with conditions, these variance requests, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's request for a variance from Section 12-6F-6, Setbacks, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a rear setback of zero feet (0) where twenty feet (20) is required for a detached garage, located at 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) and setting forth details in regard thereto . Should the Planning and Environmental Commission choose to approve, with conditions, these variance requests, the Community Development Department recommends the Commission applies the following conditions: 1. 'Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal; and 2. The applicant shall clearly demonstrate, via an Improvement Location Certificate (ILC), to the Community Development Department prior to requesting a final planning inspection that improvements have been constructed per plan." Town of Vail Page 8 3. Prior to submitting an application for a building permit, they applicant shall record with the Eagle County Clerk and Recorder an amended plat for the subject property which removes the 30' wide road easement that currently encumbers the property. This plat shall include a note that conveys that the subject parcel is not a stand alone development site but rather a part of the Bighorn Townhouse Development Lot. Should the Planning and Environmental Commission choose to approve, with conditions, this variance, the Community Development Department recommends the Commission make the following findings: 'Based upon the review of the criteria outlined in Section VII of the staff memorandum to the Planning and Environmental Commission dated January 14, 2019, and the evidence and testimony presented, the Planning and Environmental Commission finds: The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Low Density Multiple -Family (LDMF) District , - 2. 2. The granting of these variances will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, and 3. This variance is warranted for the following reasons: a. The strict literal interpretation or enforcement of the specified regulation will result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code,- b. ode, b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the Low Density Multiple -Family (LDMF) District.; and c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the Low Density Multiple -Family (LDMF) District." IX. ATTACHMENTS A. Vicinity Map B. Bighorn Townhouses Rezoning and Setback Variance narrative dated December 15, 2018 C. Plan Set Town of Vail Page 9 i Bighorn Townhouses Rezoning &Setback Variance Date Submitted: December 15, 2018 u Mauriello Planning Group Introduction The Bighorn Townhouse (BHTH) Association is requesting two applications related to their property located at 4708, 4718, and 4722 Meadow Drive / Bighorn Townhouses. The first request is a zoning of the property indicated in red on the map below. This area, which was erroneously believed to be owned by the Town of Vail until 2013, is currently not designated on the Town's zoning map (an error). The BHTH Association, who owns the property, is requesting the property be zoned Low Density Multiple Family (LDMF), which is consistent with the remainder of the BHTH property, which is indicated in yellow. The second application is a request for a variance from Section 12-6F-6: Setbacks, to allow for the construction of enclosed parking within the 20 ft. rear setback. The BHTH Association is proposed 8 garages on the property shown in red on the map above. Only one of the garages requires a variance, as the others can be constructed under LDMF zoning, should the zoning request be approved. The property adjacent to the variance request is owned by the Town of Vail and zoned Outdoor Recreation (OR). The following indicated the proposed garage plan, and the area of the variance has been indicated in blue. 2 Historical Background Bighorn Townhouses are located in East Vail at 4708, 4718, and 4722 Meadow Drive. Bighorn Townhouses were developed under Eagle County jurisdiction in 1968, then annexed into the Town of Vail in 1974. The property includes a four-plex on Tract A, a four-plex on Tract B, and a property identified on the original plat as Parking Easement. Currently, the Town of identifies both Tracts A and B as zoned Low Density Multiple Family. However, the Town currently does not identify zoning on the Parking Easement Area. Eagle County adopted Subdivision Regulations in 1964 and adopted their first Zoning Regulations in 1974. In 1968, the Bighorn Townhouses Subdivision Plat, along with the Declarations of Protective Covenants and Party Walls for Bighorn Townhouses, were recorded in the Office of Clerk and Recorder. At the time, the Plat provided for four Tracts (A, B, C, and D) and a "Parking Easement" as indicated on the portion of the plat below: 3. PARKING EASEMENTS SHOWN ARE FCR EXCLUSIVE USE OF OWNERS AND RESIDENTS OF THIS SUBDIVISION AND IS IN ADDITION 'C THE ACCESS AND UTILITY EASE - MENTS INDICATED. The Plat indicated the existing Townhouses on Tract A and B, while Tract C and D were vacant. The Parking Easement Area was loosely described on the Plat as follows: 4 40 L6�'�._ � 4, � ,` I •�nV.� _l N.! CCR fJ.:ucnz TRArTc v+' 2OUTH LINE 9ECTInn lE; ` �E± ?2F ran E •�.���•— .6:'S3'2d sF cc4 NCS sw �ra cr: s_c lz, r.ss, LOT I BLOCK T n eo w. ylu s•r� g�'HORN5lJR OIVISIOH 1 FIFTH ADDITI014 4 The 1968 Covenants do not provide much additional information on the Parking Easement Area although they indicate that the parking easement was exclusively for vehicles belonging to "unit owners." The Covenants state the following: 5. EASEMENTS. Easerrients axe hereby reserved as shown or descrihed on the recorded plat of the subdivision, There are in additior. easernents reserved in the riglrf, o` way of each road for water and all other utilitil�s. All access easement; re- flected an the recordrd plat of the subdivision shall be for the use and bcncfit of all owners of land within the subdivision except the access eascmcn;s approaching the constructed runts on Tract A and Tract B which easements shall also lie used for under- ground utilities and shall be for the sole uae and benefit of the owners of units within each respective tract. The areas within the subdivision Cesignated for park-ina casc- ment shall be exclusively for passenger automobiles 'belonging to the unit owners 411d their guests, shall be limited to turc automobiles per unit, a;)d at no Cline shall any automobile be parked thereon for more than seven days without being moved. Au.a- mobiles shall not be parked overnight in road oascrnent5. Ordinance 13 of 1974 annexed significant portions of East Vail, including Bighorn Townhouses into the Town of Vail. (Ordinance 20 of 1974 amended the legal description). Letters from the Town to the then -owners of Tract C and D indicate that in February of 1977, the Town initiated a rezoning of Tracts C and D to Agricultural and Open Space. In response, the owners stated they would prefer to transfer ownership of Tracts C and D to the Town of Vail since the tracts were located in the avalanche hazard area. Tracts C and D were subsequently deeded to the Town of Vail for $1.00. Bighorn Townhouses retained ownership of the Parking Easement Area though the Town believed it owned area until just recently in 2013. The following section outlines a timeline to explain the errors in ownership information, including why and how the Town does not currently indicate any zoning for the property. Timeline This section is intended to provide a timeline to explain the original zoning of the entire Bighorn Townhouses property at the time of annexation, any subsequent rezoning of the property, and to show that the Town of Vail zoning map is currently in error. 1968 - Bighorn Townhouses is developed and platted under Eagle County Jurisdiction. 1974 - Bighorn Townhouses (as part of a larger annexation) is annexed into the Town of Vail by Ordinance 13 of 1974. Ordinance 20 of 1974 later corrected the legal description of this annexation. 1974 - The Town adopts Ordinance 15 of 1974, an emergency ordinance adopting interim zoning for the annexed area, including Bighorn Townhouses. The map was not attached to the zoning ordinance but was located in the Town files. The map is difficult to read for the Bighorn Townhouses property. It appears to indicate "A" or Agriculture zoning for the Parking Easement area. � WUffM WrIlIM1111 .- - �ra�■Rr� 1974 - The Town adopts Ordinance 26 of 1974, adopting "permanent" zoning for the annexed area. This followed a series of Planning and Environmental Commission hearings where property owners were invited to comment on the proposed zoning of their property. The Ordinance references a map on file, but this map could not be located in Town files. . Undated (1968-1976) -The Town of Vail has a map on file that was identified as "Historic Zoning - Current Conditions between 1968-1976." This map identifies Tracts A and B as zoned Low Density Multiple Family; Tracts C and D as Two -Family Residential, and the Parking Easement Area as Two -Family Residential. A portion of this map is provided below: Legend: ot Agricultural and Open Space District ' - Single Family Residential District Two Family Residential DistrictsEQ Residential Cluster District \; ,^ j TRACT C o Low Density Multiple Family DistrictBiharn eta Medium Density Multiple Family District Subdivisi ��. High Density Multiple Family District " 1975 - Avalanche study indicates that a substantial area within the recently annexed Bighorn neighborhood is in a potential avalanche path, including portions of Tracts A and B, all of Tracts C and D, and the majority of the Parking Area Easement. This study also appears to identify the zoning of Tracts A and B as Low Density Multiple Family, Tracts C and D as Two -Family Residential, and the Parking Easement as Two -Family Residential, though the map is difficult to read. ••t�: �. an..r.. rA wli.:::::':". .:7225E TOM Ct ❑ efSkgRW 3U&D1WS6AF 1=_ ... .............. - - ..._..... B e FIFTY ADDlr1AN .�y7W-N d -dM '- g .......... -- ZoAYd]wL] MQP :'scree: r"-lao~- BIGh'ORN AREA WHITERIYEA ryp A p A T Alf, CVLaRA(�V NATIOOVAI- FaRE57 llllillp' A�l+i %�. $wln A'0 9t.0 0 i L-4 see, :sem 7 1977 - The Town notifies the then owner of Tracts C and D that they are proposing to rezone Tracts C and D to Agricultural and Open Space due to the avalanche hazard present on these properties. In response, the owners opt to deed the property to the Town for $1.00. Though only Tracts C and D were deeded to the Town, it appears from Town records that the Town believed the Parking Easement Area was also included in this transfer. This error begins a series of actions leading to the confusion about the Parking Easement Area that still exists today. A portion of that deed is provided below: ITO; BkMWW hT - .E,':'. Princeville i Corporaton, a Coiorado cor. ;-: >•�.;' p4=atfan' wikh •`its ... ' .' prznci.pal place of businc:s al. 18G4 Lincoln Street, ncnver, Colorado 80295, for One Do lay ($1,00) in hand Of which ig lie r -by acknowledged, docu hereby sellrandrquitclaim ." to the Town of Vail, a Colorado municip:sl. cornaratior its Successors and assigns, all right, title and int:crest in and ko the foLlowinl; real. property sitceate in the County ❑£ Eagle, State of Colorado, to wit: Blocks C and n, Sighpr;y Tnknho::;r.;, a suodi�ision, according to- the recorded pLz� thereof, TO HAVC AND TO HOLD the premises herein described wide all apparreranceN thereto. Dated this .316y of February, 1977. FRINCEVII,LE CORPORATION „. ince Pre i 1981 - The Town adopts Ordinance 41 of 1981 which rezones Tracts C and D from Two Family Residential (R) to Agricultural and Open Space. The Ordinance clearly identifies that only Tracts C and D were rezoned: CLRREII HEC•Ol ZihNDEi] LEGAL DESCRIPTION ZONE. ZONE Tract B. Vail villaee 2nd Filing PA PIA) ( SL• i 11Liiwtm) lracls C and li. -BiR uyu 1ownlLutise ]llbdiv1S1Un 1 A The following maps indicate the error the Town made in rezoning the Parking Easement Area. The first map, from 1981 prior to the adopted of Ordinance 41 of 1981 clearly indicates Tracts C and D, and the Parking Easement Area zoned Two -Family Residential. The second map, from 1984, shows the rezoning of Tracts C and D to Agricultural Open Space which was adopted by Ordinance 41 of 1981, but also shows the Town rezoned the Parking Easement Area in error. The Town's maps also shows the "access easement" as a public right-of-way, another error. 0.3 it s 1981 TOV Zoning Map r~ yr ITUWN OF HAIL Z014ING LEGEND TWO FAMILY RESIDENTIAL DISTRICT QTR! GF , Q RESIDENTIAL CLUSTER DISTRICT 0 LOW DENiS1TY MULTIPLE FAMILY DISTRICT MEDIUM DENSITY MULTIPLE FAMILY DISTRICT C� HIGH DENSITY MULTIPLE FAMILY 0157RICT PUBLIC ACCOMODATIONI DISTRICT I SPECIAL DEVELCPM'<NT DISTRICT PUBLIC USE DISTRICT . COMMERCIAL CORE I DISTRICT COMMERCIAL CORE 2 DISTRICT COMMERCIAL SERVICE CENTER DISTRICT AGRICULTURAL a OPEN SPACE DISTRICT I GREENBELT d NATURAL OPEN SPACE DISTRICT _] HEAVY SERVICE DISTRICT PARKING COMMERCIAL GORE 3 DISTRICT VAIL ZONING LEG ® SINGLE FAMILY RESIDENTIAL DISTRICT C TWO FAMILY RESIDENTIAL DISTRICT ® TWO FAMILY PRIMARY/SECONDARY RESIDENTIAL DISTRICT RESIDENTIAL CLUSTER WBTRICT ® LGw DEN "MULTIPLE FWLY DISMaT - ® MEISUY DD1afry xxrpLE mmiLY gdSfRICT HIONDMETY MULYIPLE FAMILY AISTMfCi ® PUNLIC ACCQW ATN7K DIrMICT SPECIAL DEVELOPMENT DISTRICT ® PUBLIC USF DISTRICT , Q COMMERCIAL ODRE I DISTRICT i� CCMMERCIAL CORE E DISTRICT ® WMMERCUIL CORE 3 UIWMJCT AGRFOULTURAL 8 OPEN SPACE DISTRICT WAVY SERVICE DISTRICT PARKING ARTERIAL BUSINESS DISMFCT SKI BA5S RECREATION Q HILLSIDE RESIDENTIAL r Qa 1991 - A map dated 1991 entitled "Town of Vail Owned Properties" shows that as of this date, the Town believed it owned the Parking Easement Area along with Tracts C and D (hi -lighted area indicates areas owned by the Town): W%1' VkIAd WL 1ls�r1 s r r.r x � xnls+f nm•luwnr � mim 1W-li�•w•ur iN141 sae asM�, RMis 13.. /C.Rd. $mf¢T �.•. Rarwyd �dfKk !.n2 197T E 1995 - The Town adopts Ordinance 19 of 1995, which, as part of a larger rezoning associated with the adoption of the Town of Vail Open Lands Plan, rezoned Tract C and D from Agricultural and Open Space to Outdoor Recreation. This zoning designation remains today. 1995 - The last version of the Town of Vail Zoning Map to be done on paper (instead of created digitally in GIS) indicates Tract A and B are zoned Low Density Multiple Family, Tracts C and D are zoned Outdoor Recreation, and the Parking Easement Area is zoned Agriculture and Open Space. TOWN OF VAIL ZDNING LEGEND ® SINGLE FAMRY RESIDENTIAL DISTRICT 0 TWO FAMILY RESIDENTIAL DISTRICT ® TWO FAMILY PRIMARY-CONDARY_ RESIDENTIAL DISTRICT 0 RESIDENTIAL CLUSTER DISTRICT ® LOW DENSITY MULTIPLE FAMILY DISTRICT MEDIUM DENSITY MULTIPLE FAMILY DISTRICT HISNOENSITY MULTIPLE FAMILY DISTRICT PUBLIC ACCOMCDATR0. DISTRICT ® SPECIAL DEVELOPMENT DISTRICT =� GENERAL USE D157RILT 0 COMMERCIAL CORE I DISTRICT COMMERCIAL CORE E DISTRICT COMMERCIAL CORE 3 DISTRICT COMMERCIAL SER�'J�F,.6ENT6R. DISTRICT �•��JfGHiCU['FUAgL B LVEN SPADE DISTRICT i_..J NATURAL AREA F HEAVY SERVICE DISTRICT DISTRICT PARKING DISTRKT ..��'^...i ARTERIAL BUSINESS DISTRICT SKI BASE RECREATION DISTRICT Q HILLSfDE RESIDENTIAL DISTRICT © OUTDOOfI, RECREATION D15TRIGT NOTE! ANY LAND, LOT, OR SITE WITHIN THE TOWN OF VAIL MUNICIPAL BOUNDARY WHICH, ACCORDING TO THE OFFICIAL ZONING MAP,DOES NOT HAVE A DESIGNATED ZONE DIST! SHALL BE DESIGNATED NATVRAL ARBA_ YRE$E$yAT fC ZONE DISTRICT 2013 - The District Court decrees that Bighorn Townhouse Association is the owner in fee simple of the Parking Easement Area. The decree states: rr Is AD.TUDGED AND DFCREED that BIGHORN TOV►'NBOUSE ASSUC'IATIDN, INC., a Ct DmIdn corporation, Plaintiff, at the time of the commencement of this proceeding, was, and is now, the owner in fee simple absclutc, With right to possession of trte proper[.y dascribcd as-- THE s' THE PARCFI, OF LAND ill;PIC:ifED AS "PARKLNG EASEMENT", AS SHOWN ON THE PLAT OF BIWICIRN TUW-NAUUSES RECORDED NOVEMBER 13,19-6S AS . CEPT[ON NO. 104572, COUNTY OF EAGLE, STATE OF COLORADO AND AS DEPICTF-D OK (EXHIBIT A ATTACHED BERETO (t1x "Prcperty"); THAT the Lis Pendens is no lunger in effect with respect to the Praperty; an d THAT fee simple stIc in and to the Property be aild We Soule hereby is vested in the Plaintiff, sub?ect to the easements shown an the Plat of the Property and that each of the Defendants nTe forcvrr enjoined from asserting any other claim:, right, interest in or to the Property or any part thcrcaf. 2018 (current) - The Town of Vail zoning map, now a digital map, indicates that Tracts A and B are zoned Low Density Multiple Family, Tracts C and D are zoned Outdoor Recreation, and the Parking Easement Area has no zoning. Shown below as the blank area on the map. 10 n HNIsIde R.sld.rtlal(4) Siri�..Far ily R..ii.rdl.IISFV:) T—F—iN Residenuel Ird T F..,bii P,—FyIE—d.ry Feaid—. [PS] R d.r,&l GWMrfF.Q L... n- •iry Mr,16pw.P., „i y(L6MFl . m.di,.m n..- by Mi. tipiw —my; %f r) Hg^ Oe^sily Multiple-Fernilyp-IDMF) ® '/e II W I.ge 7o'r.nhouee ro rl Hw.ing iF} P_6Ii n A.--d.t-2 [FA -2 V Con-rn..ial Core l IC.C11 C— .1.1 Cor.21CC2j . hrni n..ri.l r... l lrrla L—t—d Mfixed U. l ILhw111 L—*..d PAx dU. 21LML121 Co rn—lsl Se Man Cerner ICSC) A%— i.I 9-1-- (AP 6} O.td— R.—'j., (CIO Agleu tural and Open Space ;'1[ N r_i.I Ar.. N. - r ­kr, (NAP! Ski _ase.'Recreerion 2 (5 31621 Park ng (P) G.n.r.I llsrlGll) I..n I 11 Zoning Analysis Standard Existing BHTH (Tracts A and B) BHTH with Parking Easement Area Zoned LDMF Lot Size: 0.769 acres/ 33,510 sq. ft. 1.116 acres/ 48,639 sq. ft. Buildable Area: 0.769 acres/ 33,510 sq. ft. Setbacks: 20 ft. Site Coverage: Density*: GRFA: Height: Landscape Area: 35% = 11,728.5 sq. ft. 9 du per buildable acre = 6.921 du 441/o = 14,744 sq. ft. 35 ft. flat/ 38 ft. sloping Min of 40% = 13,404 sq. ft. 1.116 acres / 48,639 sq. ft. 20 ft. 35% = 17,023.6 sq. ft. 9 du per buildable acre = 10 du 44% = 21,401 sq. ft. 35 ft. flat/ 38 ft. sloping Min of 40% = 19,455 sq. ft. Parking: Per Chapter 10-12 = 16 spaces Per Chapter 10-12 = 16 spaces *Density variance granted in 1991 to allow for additions to GRFA Proposed 1.116 acres/ 48,639 sq. ft. 1.116 acres / 48,639 sq. ft. 20 ft. front 20 ft. side 0 ft. rear (proposed for garage 8] 9,108 sq. ft. 8 du (no change) 9,644 sq. ft. (existing - no change) 35 ft. flat/ 38 ft. sloping (no change) Complies 16 space (8 enclosed) 12 Criteria for Review: Rezoning Section 12-3-7.C: CRITERIA AND FINDINGS, of the Vail Town Code provides the criteria for review for a Zone District Boundary Amendment. These criteria, along with an analysis, are provided below: 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town Applicant Response: The Vail Land Use Plan provides the following goals, objectives and policies that are applicable to the proposed rezoning: 1. General Growth Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2. The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3. The quality of development should be maintained and upgraded whenever possible. 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. Due to the historical error regarding ownership of the property, which pre -dates the adopted Official Land Use Map of the Vail Land Use Plan, there is no land use recommended for the property, as shown on the following map: _J LAND USE DESIGNATIONS Hillside Residential Low Density Residential Medium Dainity Residential High Density Residential Resort accommodations and Services _ Ca m m un ity Office =Village Master Plan 0 LionsHead RedeveopmeM Master Plan - CommunityCommcrcicl Transition Area P ubl i cfS em i -Public ski Bele Park Open Space FJot Dcsignoted Ski Portal N Gare Creek rV Town Boundary However, the entire surround neighborhood is indicated as "Medium Density Residential" which is described by the Vail Land Use Plan as follows: 13 MDR Medium Density Residential The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional / public uses such as parks and open space, churches and fire stations The proposed rezoning is consistent with the Vail Land Use Plan. The historical error in ownership lead to the Town generally mapping the property as right-of-way, though it was not. Had it been correctly identified as private property, it is likely that the Land Use Plan would have included it in the "medium density residential" land use category. The BHTH Association plans to use the property to provide enclosed parking for the owners. This too, is consistent with the Vail Land Use Plan policies and objectives, which encourage the upgrading and maintenance of existing development within the Town. As a result, the proposed zoning of LDMF is consistent with this criterion. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents Applicant Response: The BHTH consists of 8 townhouse units, zoned LDMF. The following map indicates the land uses and zoning surrounding the subject property: The zoning designation of LDMF is consistent with the existing and potential uses in the surrounding area. Multiple family residential is common in the neighborhood, with these uses adjacent to BHTH to the west. Open space and park uses surround the remainder. The 14 proposed zoning of LDMF is consistent with the existing BHTH use, and those uses of the surrounding neighborhood. As a result, the proposed zoning is consistent with this criterion. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives Applicant Response: Because of the error in ownership information, the property is currently indicated as unzoned by the Town of Vail Zoning Map. The proposed LDMF zoning is consistent with the existing zoning for the remainder of the BHTH property, and is the appropriate zoning for the subject property. The site is then treated as one for development standards and development potential. Any other zoning would create inconsistencies and confusion. As a result, the proposed zoning is consistent with minimal development objectives. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole Applicant Response: Because the Town believed this property was town -owned right-of-way, all current zoning and planning documents do not indicate any zoning or land use for the property. Because the property is owned by the BHTH Association and is part of their overall development site, zoning it anything other than LDMF would be inconsistent with the neighborhood. The zoning designation of LDMF is consistent with the zoning of the BHTH, provides for the growth of an orderly viable community, and would not constitute a spot zoning. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features Applicant Response: The eastern portion of the subject property is currently used for driveway and parking, along with a trash dumpster for the BHTH. The western portion of the property is vacant. The trail shown in the google earth image is just off the property on Town of Vail -owned land. The vacant area is generally flat and has little vegetation, consisting mostly just of native grass. 15 Zoning this property LDMF will have no adverse impacts on the natural environment. As a result, the proposed zoning amendment is consistent with this criterion. G. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district Applicant Response: The proposed zoning of LDMF is consistent with the zoning on the remainder of the Bighorn Townhouses. The purpose of LDMF is as follows: 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 The BHTH Association is proposing to use the property to provide enclosed parking for the existing 8 townhouses. Because the property is not currently zoned, LDMF provides appropriate development standards and uses commensurate with the remainder of the BHTH property. The proposed zoning makes the BHTH conforming with respect to density. As they exist today, they are nonconforming with respect to density. As a result, the proposed zoning is consistent with this criterion. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate Applicant Response: The historical background provided in this submittal outlines the unique conditions that have afflicted this property. All Town maps currently indicate this property as "unzoned" or "undesignated" due to the historical error in ownership, which was resolved by court decree in 2013. The property belongs to the BHTH Association and is part of their development site. The property should therefore be zoned LDMF, the same as the remainder of their property. S. Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. Applicant Response: Any additional information requested by the Planning and Environmental Commission and/or Town Council can be provided by the applicant. 16 Criteria for Review: Setback Variance Section 12-17-6: CRITERIA AND FINDINGS, of the Vail Town Code provides the criteria for review for a variance. These criteria, along with an analysis, are provided below: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Applicant Response: The proposed variance is to allow for the construction of enclosed parking for each of the units. The BHTH currently only have surface parking. The garages, each 300 sq. ft., allow each unit to have one enclosed parking space. This is a benefit to other uses and structures in the vicinity as it eliminates surface parking while also providing opportunities for storage of outdoor equipment such as bicycles, skis, kaya ks, etc. The area of the encroachment into the rear setback is adjacent only to the Town's property, currently zoned OR. This land is open space, and based on the recently adopted 2018 Open Lands Plan, there are no plans for this property to be developed or improved. There are no impacts to any uses or structures in the vicinity and therefore the requested variances is consistent with this criterion. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Applicant Response: There have been various variances granted to properties in the vicinity. Specifically, Mountain Meadows was granted a setback variance in 1979. The circumstances of that variance were not similar to this request by the BHTH, but does indicate that sites in the vicinity have received variances. A height variance was granted in 1983 to the house at 4768 Meadow Drive, which is the closest single- family residence to this property, located adjacent to the Town -owned property. In addition, the near -by Vail Racquet Club was granted a density variance. The BHTH also 17 received density variances in the past. Variances to facilitate the construction of enclosed parking are common throughout the Town of Vail. A front setback variance was granted at 5042 Snowshoe Lane to construct enclosed parking. This property was allowed to construct a garage with a 0 ft. front setback. A side setback variance was granted to 5109 Black Bear Drive to construct a garage within the side setback. The Town has consistently found that the lack of enclosed parking is a valid hardship for a variance for the construction of garages and that it is not a grant of special privilege to approve similar variances. As a result, the proposed variance is consistent with this criterion. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Applicant Response: Due to the nature of this variance request, there are no negative effects on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 18 Adjacent Properties MPG PO Box 4777 Eagle, CO 81631 BIGHORN TOWNHOUSE ASSOCIATION INC BILL BERNARDO 221 OAK KNOLL RD BARRINGTON, IL 60010-2615 TOWN OF VAIL FINANCE DEPT 75 S FRONTAGE RD W VAIL, CO 81657-5043 lfrl[■ ► ! ► 1l ! ■ ■l���l■I■7►1�I■ 117 � II►1111 McNeill Property Management PO Box 4694 Vail, CO 81658 RIVERBEND AT VAIL HOMEOWNERS ASSOC PO BOX 1 157 VAIL, CO 81658-1157 19 U) Y ---- ----- - < C) a ng z <z >=) Z�c Of of < 3: co < Vf 2 0 < 0- m tl Ir- hs- City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: January 14, 2019 ITEM/TOPIC: A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4, Minor Subdivisions, Vail Town Code, to allow for a subdivision to reconfigure the property line between 2420 Chamonix Road/Parcel D, Chamonix Vail Community (previously known as Parcel B, Vail Das Schone Filing 1), and the 2399 N. Frontage Road W/Vail Das Schone Filing 1, Parcel A, a resubdivision of Tract D, and setting forth details in regard thereto. (PEC18-0042) This application has been withdrawn. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: January 14, 2019 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of 2399 N. Frontage Road W./Vail Das Schone Filing 1, Parcel and setting forth details in regard thereto. The rezoning will change a portion of the site from General Use (GU) to Housing (H). (PEC18-0043) This application has been withdrawn. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: January 14, 2019 ITEM/TOPIC: A request for issuance of a conditional use permit pursuant to Section 12-61-3, Conditional Uses, Vail Town Code, pursuant to the requirements of Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, to allow for the development of market rate dwelling units within the Housing (H) zone district, located at 2420 Chamonix Road/Parcel D, Chamonix Vail Community (previously known as Parcel B, Vail Das Schone Filing 1) and setting forth details in regard thereto. (PEC18-0044) This application has been withdrawn. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: January 14, 2019 ITEM/TOPIC: A request for review of a Development Plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code, for the construction of dwelling units and one Employee Housing Unit (EHU) located at 2420 Chamonix Road/Parcel D, Chamonix Vail Development, (previously known as Parcel B, Vail Das Schone Filing 1), and setting forth details thereto. (PEC18-0045) This application has been withdrawn. TOWN OF DO VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: January 14, 2019 ITEM/TOPIC: A request fora variance from Section 12-21-10, Development Restricted, Vail Town Code, pursuant to Title 12, Chapter 17, Variances, Vail Town Code, to allow for the construction of a two-family structure with attached Employee Housing Unit on a slope of forty percent (40%) or greater, located at 2420 Chamonix Road/Parcel D, Chamonix Vail Community (previously known as Parcel B, Vail Das Schone Filing 1), and setting forth details thereto. (PEC18-0047) This application has been withdrawn. TOWN OF DO VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: December 10, 2018 PEC Results ATTACHM ENTS: File Name Description oec results 121018.odf December 10, 2018 PEC Results 0 PLANNING AND ENVIRONMENTAL COMMISSION TOW?J OF ffl December 10, 2018, 1:00 PM Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 Call to Order 1. 1. Attendance Present: Ludwig Kurz, Pam Hopkins, John Ryan Lockman, Brian Stockmar, Karen Perez, Rollie Kjesbo, Brian Gillette Absent: None Informational Update 2.1. A brief update and discussion on the community recycling rate and progress towards waste diversion goals in the 2009 Environmental Sustainability Strategic Plan. Applicant: Planner: Mark Hoblitzell Mark Hoblitzell provided an update and compared Vail's recycling rates with other communities. He discussed legislation in Vail requiring recycling, and trash rates to encourage higher levels of recycling. Plastic bag ban was adopted in 2016. About 4 million plastic bags per year were being distributed by local (2) grocery stores at the time. They now use about 300,000 paper bags each year- fee returns from the program fund the hard to recycle collection events. Hoblitzell discussed the public outreach and media campaign. He discussed the message to the community on the inability to recycle wrapping and tissue paper. He discussed special collection events held each year on recycling. He mentioned requirements for requiring recycle bins near trash canisters, and discussed the business recycling challenge. He mentioned the Eagle County Waste Wizard, where people can find out how to best recycle various materials. Website will provide location where recycling of various materials can be dropped off. Recycling rates were reviewed, including residential, business and Town of Vail municipal waste. In 2018, the recycling rate is 23%. Stockmar — How are you accounting for people who drop off at recycling centers, vs at home? Hoblitzell — Recycling rates account for tonnages at the hauler and landfill side so all material is included where participation rates look at who is putting out a recycling can or has recycling infrastructure. Stockmar — Who is not recycling? Hoblitzell — Bigger challenge is to get people to recycle properly. Most people have some type of recycling can or access to recycling. Seasonal 30 Min. residents have a struggle to manage costs associated with waste hauling Hoblitzell reviewed recycling participation rates. About 72% of properties have recycling bins out on trash day. About 28% only place trash bins at curb. Multi family participation rate is 94% and commercial about 95% participation rates. Food waste is a large portion of the weight. Vail Honeywagon now has a commercial compost facility. Stockmar — Is it true that only plastics #1 and #2 are recycled? Hoblitzell - We can still recycle #1- #7 at through all channels locally. Commodity markets for #3 - #7 are challenging and often times recyclers are paying for that material to be recycled. We have a good recycler in the Front Range that most of our material goes to, but many communities do not have a market for their recycling materials. Hoblitzell reviewed community events- We are up to 19 tons for paper shredding, hazardous material and electronic household waste at our community recycling events from 16 tons in 2017 and 12 tons in 2016. County -wide we have opportunities to recycle up to 80% of waste. County recycling rates were presented, which were 22.2% in 2017. Construction and demolition material brings this number down when looking at total diversion rates. Hoblitzell reviewed statewide conditions. Colorado is at 12% waste diversion statewide, vs 35% at the national level. There is a strong need for statewide data collection. Mountain resort communities are leading the state in recycling rates. Pitkin and Summit Counties have higher recycling rates than Vail or Eagle County. He discussed recycling goals from the Sustainability Plan. Opportunities exist in Composting opportunities, and construction waste. Stockmar — How can this commission help? Kurz — Surprised at the Colorado recycling rates. Surprised we are far behind national rates. Why is this? Hoblitzell — We have some bright spots in Boulder, Fort Collins, Aspen, Summit County and Eagle County. Many communities do not have the infrastructure for recycling. Creating more markets to use the recycled material would be helpful. We have a closed loop glass market, with reuse in the brewing industry. Gaps are in infrastructure. Gillette — May be based on the population density of the states. Hoblitzell — Yes, to some degree. However, costs to landfill material are still low in Colorado due to general landfill space availability. Hopkins —Are visitors an issue? Hoblitzell— They can be. Education can be a challenge to visitors based on different materials may be recyclable in their home community, but generally guests are knowledgeable about recycling. Staff worked together on the launch of the short term rental program to ensure that guest properties received proper recycling information and educational materials to help address this gap Lockman — Ordinance on recycling — I have seen trash and recycling costs go up significantly ion the past year. How do we help the community to afford trash and recycling costs? We should consider municipal hauling contracts. Stockmar — We should make a motion asking the Town Council to reconsider municipal hauling. Gillette — Which communities have higher recycling? Hoblitzell discussed some communities that require trash and recycling be brought to the Eagle County landfill. Challenges with leveraging the variable rate structure: specifically local property owners instead of haulers own the cans, and the costs associated with wildlife proof cans vs traditional cans and varying levels of compliance on wildlife resistant cans for recyclable materials . Lockman — Do haulers need to offer information on variable rates and size cans? Hoblitzell — Haulers are required to submit pricing to the Town annually. Most people are not fully leveraging the variable size based rates. Now it takes about 2 years to recover the cost of switching to a new, smaller can. Finding an average rate has been a challenge, as often times rates vary from customer to customer depending on how long they have had service. Lockman — In 2014 we passed a recycling ordinance. We should encourage Town to find solutions to promote volume based pricing. If people knew the costs, they would participate. Anything the Town of Vail can do in order to promote volume based pricing would be helpful. Lack of education is holding people back. Hoblitzell — Staff has applied for a state grant to launch a bin exchange program to help residents leverage the rate structures. The price for service is based on size of the trash bin, not size of recycling bin. A smaller trash can lead to lower costs. Hopkins —A neighbor of mine was not aware that pine beetle was a big problem, after living there for 40 years. Similarly, people may not know about recycling. Provide a list to include in the annual invoice for service, to educate property owners. Hoblitzell — Haulers are required to provide new stickers on the bins on which materials are recyclable. Waster Wizard is new in the past month and is a great tool. Gillette - Problem is that people recycle things they should not. They try to recycle too much stuff that should be trash. Lockman — Please discuss new developments, and requirements for space for recycling. Hoblitzell — Title 14, Vail Town Code, has one sentence on requiring adequate trash storage. But "adequate" is not defined. The code does not mention space requirements for recycling. Lockman — What does staff recommend to address this issue? Hoblitzell — Staff is discussing options to modify this code language. Some communities have design guidelines for trash and recycling, including size, volume, access, ceiling height for truck clearance, etc. Gillette — We have good participation rates, but low diversion rates. That's where we should focus our efforts. Hoblitzell — We are no looking inside the bins, due to safety and privacy concerns. We have small collection facilities in certain areas of town, and bins fill up quickly. Participation rates only reflect if there is a recycling bin and trash bin not the size or utilization. Much of our education outreach is based on a complaints or specific requests for help and assistance. Perez — W ill you return to the PEC with more information and answers to some of our questions? Hoblitzell — We will return with more information. We would like the board to identify the priorities for more information from staff. Gillette — Should we have an exchange program for trash and recycling cans; what should I do if I no longer need my large tote? Hoblitzell — Staff has applied for a state grant to fund a bin exchange program and is waiting information on the award. There is a need for cans in the community is reasonably easy to re -sell or give away through classified or social media channels Lockman — Haulers do not have incentives to offer smaller cans, with less revenue. Town Council should look into municipal hauling contract to improve service, remove heavy vehicles from roadways, and manage costs. Kjesbo — Would single streaming promote more recycling? Hoblitzell — Honeywagon and Waste Management both have single stream recycling which heads to Denver. County drop sites are sent to Eagle County which is dual -stream. In a strong market, haulers have incentive to drive to Denver to sell the commodity as recycling centers pay, but the county recycling center does not charge tipping fees or pay for material. In a weak market, haulers have more incentive to take material to Eagle County facility as they do not need to pay Hoblitzell closed the discussion: Staff will return to the Commission to discuss the following topics per request form the PEC- Education efforts and opportunities, design standards for waste storage areas, current utilization of volume based pricing and participation vs. recycling rates, and provide more information on municipal hauling. 3. Main Agenda 3.1. A request for a recommendation to the Vail Town Council for a Prescribed 5 min. Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 14-10-5, Building Materials and Design, Vail Town Code, and Section 14-10-8, Landscaping, Drainage and Erosion Control, Vail Town Code, relating to wildfire protection and the proposed adoption of the International Wildland Urban Interface Code, and setting forth details in regard thereto. (PEC18-0035) The applicant has requested this item be tabled to the January 14, 2019 regularly scheduled meeting of the Planning and Environmental Commission. Applicant: Vail Fire & Emergency Services Planner: Chris Neubecker Brian Gillette moved to table to January 14, 2019. Ludwig Kurz seconded the motion and it passed (7-0). 3.2. A request for a recommendation to the Vail Town Council for a Prescribed 10 min. Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-23-3, Employee Generation and Mitigation Rates, Vail Town Code, for consistency with changes adopted by Town Council in Ordinance 12, Series of 2017. (PEC18-0040) Applicant: Town of Vail Planner: Ashley Clark Clark - This is an Administrative matter. Staff found an inconsistency between the rate adopted in 2017 with the existing example in the code. Stockmar — I see no questions Public Comment — None Brian Gillette moved to recommendation of approval. Ludwig Kurz seconded the motion and it passed (7-0). 4. Approval of Minutes 4.1. November 26, 2018 PEC Results Ludwig Kurz moved to approve. Karen Perez seconded the motion and it passed (5-0). Abstain: (2) Gillette, Kjesbo 5. Adjournment Karen Perez moved to adjourn. Ludwig Kurz seconded the motion and it passed (7-0). 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. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department Ad #: 0000358650-01 THIS ITEM MAY AFFECT YOUR PROPERTY Customer: TOWN OF VAIL/PLAN DEPT/COM M DEVLM PUBLIC NOTICE NOTICE IS HEREBY GIVEN mat m, Plannthg and Your account number is: 1023233 n 1d'a°mbit ah a°inmin i°° °lobe, ith5-on 121 pu gin actor 3-6' Vail Town Code, o,Jo,,a,y 14, 2019 at 1:00 Pm is the Town of Vail Municipal Building. PROOF OF PUBLICATION VAIL DAILY A request for a re mandation to the Vail Tow, Council far a review of the Vail Land Use Plan —, entlment, pursuant to Section a-3, Amendment STATE OF COLORADO Process, Vail Land Use Plan, to change the designs tion f 4]zz Meadow d,,I, (eighan Toh, plat I Parking Easement' Parcel, as shown on the plat COUNTY OF EAGLE foghorn Townhouses recorded November 13, 19688 a'ad setting Wfth to M. In a Db°one (to. (PEC18 9 gar 0046) Applicant: Bighorn Town house Association, I, Mark Wurzer, do solemnly swear that I am Publisher of Gor,P,ntedbyis-dal°Planning the VAIL DAILY, that the same daily newspaper printed, in Planner: Jonathan Spence A ,aquas, far a recommendation to the Vail Tow, whole or in part and published in the County of Eagle, Council for amd—ni pureua„t to Szone district boundary aari,, 12-3-], Ame„dment, Vail Taw, State of Colorado, and has a general circulation therein; Code,to allow for the rezoning of 4722 Meadow Ddv( (Bighorn Townhouses 'Parking Eas(menl' that said newspaper has been published continuously and Parcel, as shown on the plat of Bighorn Townhouse: c, dad N—dnber 13, 1968) from identified Ir uninterruptedly in said County of Eagle fora period of P Y 7 g Low'Den,ity Multiple -Family District and setting forth d(tailsa regarI hareto (PEC18-0039) Applicant: Bighorn Town house Association, more than fifty-two consecutive weeks next prior to the an or,P,nteb by Man"all° Planning first publication of the annexed legal notice or Planner: Jonathan Spence A request for the review a variance from Sadtian 12 advertisement and that said newspaper has published the e.ilTCoda,,.ntt Chap,lbVedaVaiodet o ia it requested legal notice and advertisement as requested. setback of zero feet (0') here twenty feet w(20a) Is r,quired far a da -had garaga, Iocat(d at 4122 Meadow Drive (Bighorn Townhous(s'Parking Easement' Parcel, as shown on the out of Bighorn Townhouses remrded November 13, 1968), and set Ling fall, details in regard thereto. (PEC18-0030) The VAIL DAILY is an accepted legal advertising medium, P 9 g Applicant Bighorn Town house Assooiatioa presented by Mauri,11, Planning only forjurisdictions operating under Colorado's Home Group Planner: JonamanSp,na, Rule provision. A request for review of a Minor Subdivision, par tion to Title 13, Chapter 4, Minor Subdivisions, Val Town Code, to allow for a subdivision to ocontigun the property line between 2420 Chamonix That the annexed legal notice or advertisement was dusty kiaow�l °'l ah e B, Va oas °Sdno�etFil l,9 ;) published in the regular and entire issue of every number tl Ih( 2399 N. FriRoad W/Vail Das Schons Filing 1, Parcel A, a r ubdivision of Tract D, am of said dailynewspaperforthe of 1 insertion; and ding forth details in regard thereto. (PEC18-0042) Applicant TownofVail period PlannerAshlay Clark that the first publication of said notice was in the issue of A ,(quasi far a recommendation to the Vail Tow, said newspaper dated 12/28/2018 and that the last Council for zone disidct boundary a nd—, pur,uaat to se ion ,Vinot Amendment, wail Town publication of said notice was dated 12/28/2018 in the Code, to allow for the rezoning of a po„ion of 2399 N. Frantag, Road WJVW1 Das sahun(Filing,. Par- issue of said newspaper. cel and setting forth details in regard thereto. The Can - araPUs, cuoho Ho anp° .n Ec;eSooaa m G,n- ) ( ) 'Town In witness whereof, I have here unto set my hand this day, Appl,— of Vail Planner: Ashley Clark A request tar i„.and, of a conditional sae permit 12/28/2018. Pureuant to Section 12-61-3, ConiUsa,, Vai Town Coda, pursuant to the requirements of Ti11, 12 Chapter 16, Conditional Use Permits, Vail Tow, Cod to Ilfor the development of market rate dwelling located u°Rs within the Housing (H) zone district, at 2420 Chamonix Rai D, Cham,xVail Community (previously known a Parcel B, Vail Das Sch( Filing and ailing faith ,�p®QV/N�,1v'ygtl details In reg reont,. (PEC18-0-0044) T.ad Applicant: Town of Vail Planner: Ashley Clark Mark Wurzer, Publisher A request for review of a Development Plan, pur sus t to Section 12-61-11, Development Plan Re quoad. Vail Town Code, for the construction of dwell Ing units and one Employee Housing Unit (EHU) lo - Subscribed and sworn to before me, a notary public in and ted at 2420 Chamonix Road/Pam(I D, Chamonix Vail Development, (previously known as Paraal B for the County of Eagle, State of Colorado this day Vail Das Schon, Filing 1), and setting forth details th,rata. (PEC18-0045) 12/28/2018. Applicant Town of Vail Planner: Ashley Clark FFF ^ M / Q p {-�.�'�� J-P,�1,� A request fora variance from Section 12-21-10, De lopment Restricted, Vail Tow° Code, pursuant k Title 12, Chapter,], Variances; Vail Town Coda, to allow for the construction of atwo-family structure ith an -had Employee Housing Unit on a slope of forty percent (40Y) or greater, located at 2420 Chamonix RoadlParcel D, Chamonix Vail Commun - Jeril Medina, Notary Public Y nn Parcel ity(p,.iou,ly know° as B, Vail Das Schon, Filing 1), and -ng f,Hh details m(rsto- (PEC18 My Commission Expires: August 3, 2020 004]) Applicant: Town of Vail Planner. Ashley Clark Theapplications and information about the prold - . Is are available for public inspection during office hours at the Town of Vail Community Devel,lan- I!u, Oit.Ulilggpp Department, ]5 South Frontage Road. The public i, invited to atlentl site visits. Please ,all 9]0-4]9 !il8piii079i9A Lm- 2138 or visit www vatgov.com/planning for addition:Xi'IRI:Gl information. Signlanguage interpretation available upon request with 24-hour notification, dial 711. Published Demmber 28, 20181, the Vail Daily. 0000358650 Ad #: 0000365533-01 Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM Your account number is: 1023233 PROOF OF PUBLICATION VAIL DAILY STATE OF COLORADO COUNTY OF EAGLE I, Mark Wurzer, do solemnly swear that I am Publisher of the VAIL DAILY, that the same daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein, that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The VAIL DAILY is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 1/11/2019 and that the last publication of said notice was dated 1/11/2019 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 1/14/2019. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 1/14/2019. Pamela J. Schultz, Notary Public My Commission Expires: November 1, 2019 PAMELA J. SCHULTZ NOTARY PUBIJC. sTA.TS.OF COLOl NG'CA.RY ib g10994D303T5 is, Co.mmisslcn Ex(tges Naysmkarl.2MH PLANNING AND ENVIRONMENTAL COMMISSION January 14,2019, 1:00 PM Town Council Chambers 75 S. Frame,. Road - Vail, Galahad., 81657 1. Can to order 2. Main Agenda 2.1. A request for a recommendation to the Vail Town Council for a Prescribed Re lotion Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to .and Section 12-134, Requin merits by Employee Housing Unit (EHU) Type, Vail Town Cotle, to allow for an increase in the maxim. size of a Type III Employee Housing Unit. (PEC18-0031) 2 min. The applicant he, requested this item be continued to the a future regularly scheduled meeting of the Plan - 'ng and Environmental Commission. This item will be re -noticed at that time. Applicant: Mandell. Planning Group Planner: Chris Neubecker 22. A request for a recommendation to the Vail Town Council for a Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to ,and Section 14-10-5, Builtlin Materials and Design Vail Town Cotle, and Section 14-10-8, Landscaping, Drainage and Erasion Con[ro Vail Town Code, relating to wildfire protection and the proposed adoption of the International Will Ui ,an Interlace Code, and setting forth details in regard thereto. (PEC18-0035) 2 min. The applicant has requested this item be tabled t. the January 28, 2019 regularly scheduled meeting of the Planning and Environmental Commission. Applicant: Vail Fire & Emergency Services Planner: Chris Neubecker 2.3. A request for review of Major Exted,r Alteration, pursuant to Section 12-7H- 7, Exterior At [.rations or Modifications, Vail Town Cotle, to allow for .... lo Ilion of a new multifamily structure with be low grade parking, located at 500 East Li...hand CircIWI-,t 3, Block 1, Vail Lionsheatl Filing 1, and settinc fodh details in regard thereto (PEC18-0034) 2 min. The applicant requests that this item be tabled to the January 28, 2019 PEC meeting. Applicant: Lazier Lionsheatl LLC, rap .... led by Braun Associates Inc. Planner: Jonathan Spence 2.4. A request for the review a variance from Section 12-7H-10, Setbacks, Vail Town Cod, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for aside setback of zero feel (( where ten feet (10) Is required for a new multifamily structure, located at 500 East Lionshead CiniWL. 3,Block 1, Vail Lionsheatl Filing 1, and setting forth details in regard thereto. (PEC18-0036) 2 min. The applicant requests that this item be tabled to the January 28, 2019 PEC meeting. Applicant: Lazier Lionshead LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence .3. A regneai for a recomm.ndefion to the Vail Town Cmmoil for a -isw of th. Vail Lar Use Plan map amendment, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the coughed- of 4722 Meadow Drive (Bighorn T-l-houses'Parking Easement" Parcel, as shown on th1 plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Medium Density Rabid.. tial, and setting forth details in regard thereto. (PEC18-0046) 10 min. Applicant: Town of Vail Planner: Jonathan Spence 2.6. A request for a recommendation to the Vail Town Council for a zone district bounder amendment, pursuant to Section 12-3-7, Amendment, Vail Town Cotle, to allow for the rezoning of 472 Meadow Drive (Bighorn Townhouses'Parking Easemenf' Parcel, as shown on the plan of Bighorn Town houses recortletl November 13, 1968) from unitlentifietl to Low Density Multi -Family District and settin( fodh details in regard thereto. (PEC18-0039)1D min. Applicant: Bighorn Townhouse Association, represented by Maudello Planning Group Planner: Jonathan Spence 2.7. A request for the review a variance from Section 12-6F-6, Setbacks, Vail Town Code, pu nam t. Till, 12 Chapter 17, Variances, Vail Town Cotle, to allow for a rear setback of zero feet (0') he twenty feet (20) required for a detached garage, located at 4722 Meadow Drive (Bighorn Townhouse: Park, Eesemeni" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13. 1968, and selling With details in regard thereto. (PEC18-0038)1D min. Applicant Bi horn Townhouse Association, represented by Mandan. Planning Group Planner: Jonathan Spence 28. A request for review of a Minor Subdivision, pursuant to Title 13, Chapter 4, Minor SolVail Town Cotle, to allow for a subdivision to reconfigure the property Ilne between 2420 Chamoni: Roadlf'arcelD, Chamonix Vail Community (previously known as Parcel B, Vail Das Schon. Filing 1), an the 2399 N. Frontage Road W Nail Das Schon. Filing 1, Parcel A, a resubdivision of Tract D, and settin forth details in regard thereto. (PEC18-0042) This application has been withdrawn. Applicant: Town of Vail, represented by George Ruther Planner: Chris Neubecker 29. A request for a recommendation to the Vail Town Council for a zone district bounder mendment, pursuant to Section 12-3-7, Amendment, Veil Town Code, to allow for the rezoning of a poi tion of 2399 N. Frontage Road W.Nail Das Schon, Filing 1, Parcel and setting forth details in regard thereto. The rezoning will change portion of the site from Carand Use (GU) to Housing (H). (PECle-0043) This application has been withdrawn. Applicant Town of Vail, represented by George Rubber Planner: Chns Neubecker 2.10. A request for issuance of a conditional use permit pursuant to Section 12 -fit -3, C -di Bonet Uses, Vail Town Cotle, pursuant to the re,dromems of Title 12, Chapter 16, Conditional Use Pe mics, Vail Town Code, to allow for the developp nt of market rete dwelling units within the Housing (F ne district, Iecated et 2420 CM1amonix R.adlPa D, CM1amonix Veil Community (previously known a: Parcel B, Vail Das Schon, Filing 1) and setting forth details In regard thereto. (PEC18-0044) This application has been withdrawn. Applicant: Town of Vail, represented by George Ruther Planner: Chris Neubecker 2.11. A request for review of a Development Plan, pursuam to Section 12-61-11, Develop - Plan Required, Vail Town Code, for the construction of dwelling units and one Employee Housing Un (EHU) located at 2420 Chamonix Road/Parcol D, Chamonix Vail Development, (previously known as Parc[ B, Vail Das Schon. Filing 1), and eating forth details therein. (PEC18-0045) This application has been withdrawn. Applicant: Town of Vail, represented by George Ruther Planner: Chns Neubecker 2.12. A request for a variance from Section 12-21-10, Development Restricted, Vail T.0 Code, pursuant to Title 12, Chapter 17, Variances, Vail Town Code, to allow for the construction of a two family structure with -in,d Employee Housing Unit on a slope of forty percent (40%) or greater, locale[ st 2420 Chamonix Roa&Parcel D, Chamonix Vail Community (previously known as Parcel B, Vail Do Schon, Filing 1), and setting fodh details thereto. (PEC18-0047) This application has been withdrawn. Applicant: Town of Vail, represented by George Rubber Planner: Chns Neubecker 3. Approval of Minutes 3.1.D,ce.be, 10, 2018 PEC Results 4. Adjournment The applications and information about the proposals are available for public inspection during regular of file hours at the Town.l Vail Community Development Department, 75 South Frontage Road. The public I invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, sublet[ to change, and cannot be relied upon to determine en what time the Planning and Environmental Commission ill nsider an I. Please call (970) 479-2138 for additional information. Pleasecall 711 for sign Ianguags interpretation 48 hour prior to meeting time. Community Development Department Published in the Vail Daily January 11, 2018 ODIDD355533