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HomeMy WebLinkAbout2001-0910 PEC Pudic No#ice NOTICE iS HEREBY GIVEN that the Plan- rFing acrd Envlronmentai Commtxsian of tPea Town of Veil will teafd a puDYa hearingg in r...,.,.,.:~.mce with SectSon 12-3.8 01 Iha MunkiFxal fi,Cfde ~f rtes Town of VaA on 5eplemt~r 10, 2DDt, at 2:D0 p,m. In tlee Town of VeA Munldp@I Buildrng. In cansldaretlr?nof: A request tar a te7R :. ant to thB pablk A_,..,,.,...ratlbr! zone dls!rici to at!aw ter flea ad• a eonditionel use permll to n of FAn au[omaHw soNke „ `oornrenieiece" retalll: a Ventures, ra~resanlad by • A request for a rozaning lrarrt "Sp~clal ^8- veiopmant fllstrlat Na. 1(r' lu "HtNasing Zaee Cis trio" locatetl at Tlmbar Ridgge Vlliage, 128E Ncrth Frontage Road YJesU1.a!s G•1 through ~•5, ~- sridga Flling Mo. 1. ' Appllcanl: Town of Vail Planner: Allison Oche A rsquost Par a Ifnal roNauv and a r9c6mm@n- datian to the Vall Town CaunGl an prtpoaed reui- slons 4a Title 14 t°t]avelapment Standards")' Vail Town Cade, regarding the rtes at ai!ernata pWid- Ing maferieis vA1Mn the Town of Vail, end sefing forth details En regard thareta. A,Ap~plicant: Town a1 Vall Planner: BIII Giklaon A request For a final revl®w and a .~...,.,.,..~n- datlon to the VaII Town Cqurttll are the Town ~ Vall's proposed amendment tc the Town ni' Vas Streetscappee Master Pian, located aE EasWJast Meadow Drfue, Vafr Vill9ggee Applicant: Town of Vail PPllanner: C3eorge Ruthar A request rar~ a 11ne1 reMew and #e- daiion to the Town Cau!!rtil fa the ~•~~~feaf two V~v ,. ., within Lioresttead, as within the4 Uonshead Redtvatcpmeret PAas4er Pfan. Vbw Corridor t to lacatad :,.,.....,..may at the main padesirien suit loaking aautltmrest trr wards the f3artdala kft Irne, View Garrddw 2 is la- caled epproximatey from the pettes9r~rsn pkaze at the east and of the LiRhot<sa lodge iao!crng sa:stn up the C,ondda IIK line. A mare apeaii~ legal da- acriotlan of the two how ._,.._..~ is on file aT the • A raques4 for 2 condilianal uSa permft to al- Iow tar the eanstwctkan W a shad al rtes rear of the schoolhouse looted aF SOD VII Valley DrIva7Part pt Tiact A: Vall VIA~o 7th P71irg. Applicant. VaR P.Iplna Garddn FaurwlaHorr, reprasenled by Ry fiouthard Planner: Ann IGereH Pubic Notice PLAHtNNC. AND EtiVfAtSfdMEMTAL COMMlS&iON PueLltl Ml=_e~lMO SC}d:DULE - Morrday,'1 ~ her 10, 2001 Publlo Mooring Town Cotrrtni! Chambers " 2;00 p.m. i, A r oast for a variance from Santbn t2- 6D-$, 1/ail Ttiwn Cod®, to allow for an nck#Itlon- Within required setbacks, located at 5122 Qroasa Lans?t.o17, Cock 1, Gore Creek 9u6dfvlaion. _ Appllcanl: John KUOhar rspresonted by Da• vid invln Plennac AIIiSCn Ochs 2. A rer;uest for a text amendrnartt to lira Public Aocammodailon'zono dlaMct to aPlow for the addition of automoklvo anrviCU stations ~vriih accessary °convanience" retaef) as a condltlanal use; a raquasl far.a rezonln from 'iiFayy ~rv• lee" tc "Public Axommtxiat~on^ zcne dlstdnt; a r®gUest iqr the astaiJiibhmenl of a eReclef dovel- Applicant Alpine Ventur6s, reprasamed by . FrltrJen Pierce Architects Planner; Arent 4YIISOn 3, A raquasl for a maJor stlbdivieion, a re- quest lo~ amend the Vali Land Use Plan to ' ehange fire designellpn ~irom '4pen,SAaca' to "High Density Resldentlai`; and a request for a razonlncJ from'Natural Area Presarvatlon Distrlcl` to 'Housing 2ona DisttfcC to agow for din devel• opmesnt of employoe housing ar the sits; known es {,Aounraln Coll, located an an urrptatted piece of properly at i60 North Frontage flood. A crxn- plnte metesnnd bounds legal de6tniptbn is avail- able al the popartment of Community Develop- metrl . Applicant: Tnwn of Vail housing Auttrorlty owri of Vpll, acid setting rereta. Vali n' final review and a re04rn- fown Cauncll on the Tam iendmertt to iha Town of later Plan, ~ loaglad at ae, Vall Village, ' Vail other CTOBEfi 8, 2(qt condfllonai Use permiC to yn of a shell at the rear at dad ai 54p Vafi Valley ill Villaggee 7th Filing. pine darcien Faundadon 'hard If 1sR 27, 2001 minutes - • .., TOwN OF vA1L DE?AFiTMEN7 ©F COMMUNITY Dt:VELOPFrtENT Published In The Vail trail on September 7, 2001 a • ~~ Public Notice PLANNING ANQ etMHONMENTAL COMMISSION PUBLIC N6EETIN SC1iEbUi:E Iliond~y, Se r :. ~1 . ~ 1 D, ;1001 Publlc klesriny ~• Torm Council C ~ , .. ,. - 2c00 p.rA, ;,'~: .~ ~~ ~. ~.- • iSWl'IIX:~ . . _ sfn u,e ~,pe„,~y , ~~ro,. , ,..~ ..,- larmatloq., 7OV~N OP VstL ^EPpRTMENT Qf COMMUNITY f?8V^EL43PMENT Publlahed In Thn Veil Troll 4n $0p7iBYt1I10f 7, 2401 t~ter~sted in property in . ~~ the 1~alt Valtey? Crieck out nur Real Es#a#~s section locci#ed every week ir, The Valt Troll: I _ __-- r~1=,`VAIt. TRAIL !r SEPTEMBER 7~~~, ZC)~2" ' '~ ~_ THIS ITEM MAY AFFECT YOUR PROPERTY ~_ PUBLIC NOTICE ~~~~ NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of ~'~ Vail will hold a public hearing in accordance with Section 12-3-6 of the Municipal Code of the '~e~ Town of Vail on September 10y 2001, at 2:00 P.M. in the Town of Vaii Municipal Building. In consideration of: A request for a text amendment to the Public Accommodation zone district to allow for the addition of automotive service stations with accessory "convenience" retail} as a conditional use; a request for a rezoning from "Heavy Service" to "Public Accommodation" zone district; a request for the establishment of a special development district; a request for a conditional use permit to allow for the operation of an automotive service station (with accessory "convenience" retail}; a request for a conditional use permit to allow for the construction of a fractional fee unit club; and a request for a conditional use permit to allow for the construction of Type III employee housing units, located at 28 S. Frontage Road !Lot A, Vail Village Seccsnd Filing. Applicant: Alpine Ventures, represented by Fritzlen Pierce Architects Planner: Brent Wilson A request for a conditional use permit to allow for the construction of a shed at the rear of the schoolhouse located at 540 Vail Valley Drive/Part of Tract A, Vail Village 7'h Filing. Applicant: Vail Alpine Garden Foundation, represented by Ry Southard Planner: Ann Kjerulf A request for a major subdivision, a request to amend the Vail Land Use Plan to change the designation from "Open Space" to "High Density Residential", and a request for a rezoning from "Natural Area Preservation District" to "Housing Zone District" to allow for the developmen# of employee housing at the site known as Mountain Bell, located on an unplat#ed piece of property at 160 North Frontage Road. A complete metes and bounds legal description is available at the Department of Community Development. Applicant: Town of Vail Housing Authority, represented by Odell Architects Planner: Allison Ochs A request for a rezoning from "Special Development District No. 10" to "Housing Zone District'° located at Timber Ridge Village, 1280 N. Frontage Rd. West 1 Lots C-1 through C-5, Lionsridge Filing No. 1. Applicant: Town of Vail Planner: Allison Ochs A request far a final review and a recommendation to the Vail Town Council on proposed revisions to Title 14 ("Development Standards"}, Vaii Town Code, regarding the use of alternate building materials within the Town of Vail, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson A request for a final review and a recommendation to the Vail Town Council on the Town of Vai['s proposed amendment to the Town of Vail Streetscape Master Plan, located at EastJWest Meadow Drive, Vail Village. Applicant: Town of Vail Planner: George Ruther 1 ~~ row,v t~~ ~A~ A request for a final review and recommendation to the Town Council for the adoption of two view corridors within Lionshead, as identified within the t_ionshead Redevelopment Master Plan, View ~Cvrridor 1 is located approximately at the main pedestrian exit looking southwest towards the Gondola lift line. View Corridor 2 is located approximately from the pedestrian plaza at the east end of the Lifthause Lodge looking south up the Gondola lift line.. Amore specific legal description of the two view corridors is on file at the Community ©evelopment Department. Applicant: Town of Vail Planner: Allison Qchs The applications and infom~ation about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Qevelapment Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please caN 479-2138 for information. Sign language interpretation available upon request with 24-hour notification. Please call 479- 2356, Telephone for the Hearing Impaired, for information. Community Development pepartment Published August 24, 2bi~1 in the Vail Trail. LJ 2 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING SCHEDULE Monday, September 10, 2001 PROJEGT ORIENTATION 1-Community Development Dept. PUBLIC WELCOME MEMBERS PRESENT Site Visits 1. Alpine Amoco - 28 S. Frontage Road 2. Mountain Bell - 160 N. Frontage Road 3. Timber Ridge - 1280 N. Frontage Road West Driver: Brent ~~ t~ 12:00 pm 1:00 pm NOTE: If the PEC hearing extends until 6:40 p.m., the board may break far dinner from 6:44 - 6:34 Public Hearing -Town Council Chambers 2:00 pm 1. A request for a variance from Section 12-6D-6, Vail Town Code, to allow far an addition within required setbacks, located at 5122 Grouse Lane 1 Lod 7, Block 1, Gore Creek Subdivision. Applicant: John Kuchar, represented by David Irwin Planner: Allison Ochs 2. A request for a text amendment to the Public Accommodation zone dis#rict to allow for the „ ~~ addition of automotive service stations (with accessory convenience retail) as a conditional use; a request for a rezoning from "Heavy Service" to "Public Accommodation" zone district; a request for the establishment of a special development district; a request far a conditional use permit to allow for the operation of an automotive serviee station (with accessory "convenience" retail); a request for a conditional use permit to allow for the construction of a fractional fee unit club; and a request for a conditional use permit to allow for the construction of Type III employee housing units, located at 28 S. Frontage Road 1 Lot A, Vail Village Second Filing. Applicant: Alpine Ventures, represented by Fritzlen Pierce Architects Planner: Brent Wilson 3. A request for a major subdivision, a request to amend the Vail Land Use Plan to change the designation from "Open Space" #o "High Density Residential", and a request for a rezoning from "Natural Area Preservation District'° to "Housing Zone District" to allow for the development of employee housing at the site known as Mountain Bell, located on an unpiatted piece of property at 164 North Frontage Road. A complete me#es and bounds legal descripiian is available at the Department of Community Development. Applicant: Town of Vaii Housing Authority, represented by Odell Architects Planner: Allison Ochs ~a ,s 1 TO'WdV OF YA[Z MEMBERS ABSENT 4, A request for a rezoning from "Special Development District No. 10" to "Housing done District" located at Timber Ridge Village, 1280 N. Frontage Rd. West 1 Lots C-1 through C-5, Lionsridge Filing No. 1. Applicant: Town of Vail 'Planner: Allison ©chs 5. A request for a final review and a recommendation to the Vail Town Council on proposed revisions to Title 14 {"Development 5iandards'°), Vail Town Code, regarding the use of building materials within the Town of Vail, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson 8. A request for a final review and a recommendation to the Vail Town Council on the Town of Vail's proposed amendment. to the Town of Vail Streetscape Master Plan, located at EastlWest Meadow Drive, Vail Village. Applicant: Town. of Vail Planner: George Ruttier TABLED UNTIL OCTOBER 13, 200'1 7. A request far a conditional use permit to allow for the construction of a shed at the rear of the schoolhouse located at 54(} Vail Valley DrivelPart of Trac# A, Vail Village 7t'' Filing. Applicant: Vail Alpine Garden Foundation, represented by Ry Southard Planner: Ann Kjeruif WITHDRAWN 8. Approval of August 27, 2001 minutes 9. information Update The applications and infom~ation about the proposals are available far public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone far the Hearing Impaired, for information. Community Development Department Published September 7, 2001 in the Vail Trail.. • • L.~ 2 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING SCHEDULE Monday, September 10, 2001 PROJECT ORIENTAT10N / - Community Development Dept, PUBLIC 1NELCOME MEMBERS PRESENT John Schofield Galen Aasland Chas Bernhardt {left at 4:OD} Diane Golden Dick Cleveland Site Visits MEMBERS ABSENT Brian Doyon Doug Cahill 1. Alpine Amoco - 28 S. Frontage Road 2, Mountain Bell - 164 N. Frontage Road 3. Timber Ridge - 1280 N. Frorntage >~oad West Driver: Brent 12:04 pm 1:00 pm ~, NOTE: If the PEC hearing extends until 6:DD p.m., the board may break for dinner from 6:00 - 6:3D Public Hearing -Town Council Chambers 2:00 pm A request for a variance from Section 12-SD-6, Vail Town Code, to allow for an addition within required setbacks, located at 5122 Grouse Lane 1 Lot 7, Block 1, Gore Creek Sul=di~rision. Appli~,nt: John Kuchar, represented by David Irwin Planner; Allison Ochs MOTION: John Schofield SECOND: Diane Golden VOTE: 5-D APPROVED WITH 2 CONDITIONS: • 1. That the applicant improves the parking located within the right-of-way. The applicant must provide a revised site plan indicating the revisions to the parking in the right-of-way prior to final DRB approval of the addition. The revised site plan must be approved by the Department of Public Works. 2. That the applicant submits an exterior lighting plan that complies with Title 14 and removes the flood lights in the right-of--way and any other exterior lights which do not comply to code. The exterior lighting plan must be submitted prior to applying for a building perrnit and shall be reviewed by staff. 2. A request for a text amendment to the Public Accommodation zone distract to allow far the addition of automotive service stations with accessory "convenience" retail) as a conditional use; a request for a rezoning from "Heavy Service" to "Public Accommodation" zone district; ~~ ~1 1 TOWN OF YAlL a request for the establishment of a special development district; a request far a conditional use permit to allow for the operation of an automo#ive service station with accessory "convenience" retail); a request for a conditional use permit to allow for the construction of a fractional fee unit ciuk~; and a request for a conditional use permit to allow for the construction of Type III employee housing units, located a# 28 S. Frontage Road 1 Lat A, Vail Village Second Filing. Applicant: Alpine Ventures, represented by Fritzlen Pierce Architects Planner: Brent Wilson WORKSCSSI©~" - NO VOTE ~. A request for a major subdivision, a request #o amend the Vail Land Use Plan to change the designation from "Open Space" to "High Density Residential", and a request for a rezoning from "h~latural Area Preservation District" to "Housing Zone District" to atlow for the developrr=ent of employee housing at the site known as Mountain Bell, located an an unplat#ed piece of property at 16Q North Frontage Road. A complete metes and bounds legal description is available at the Department of Community Development. Applicant: Trwn of Vail Housing Authority, represented by Odell Architects Planner: A!lis~in Ochs 'JVORKJESSIDN - NO VOTE 4. ,4 request far a rezoning from "Special Development District No. 10" to "Housing Zone District" 1ocaAed at Timber Ridge Village, 128{} N. Frontage Rd. West /Lots C-1 through G5, Lionsridge Filing Nc. 1. Applicant: Town of Vail Planner Allison Ochs TABLED TO SEPTEMBER 24, 2001 5. A request fo a final review and a recommendation to the Vail Town Council vn proposed ievisions to Title 14 ("Development Standards"), Vail Town Code, regarding the use of building materials within the Tawn of Vail, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Brill Gibson I~JI(]TIOI~I: John Schofield SECOND: Dick Cleveland VOTE: 4_0 RECOMMENDATION ClF APPR©VAL 6. .4 request fnr a final review and a recommendation to the Vail Tawn Council on the Town of Vail's proposed amendment to the Town of Vail Streetscape Master Plan, located at EastlWest ft~eadow Drive, Vail Village. Applicant: Town of Vail Manner: George Ruther TABLEI3 UNTIL OCT~JBER 8, 2081 7. A request for a conditional use permit to allow for the construction of a shed at the rear of the schoolhouse located a# 54© Vail Valley Drive/Part of Tract A, Vail Village 7th Filing. Applicant: Vail Alpine Garden Foundation, represented by Ry Southard Planner: Ann Kjerulf 2 W ITH D RAV11N 8. Approval of August 27, 2[101 minutes 9. Informatics Update The applications and information about the proposals are available far public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-235fi, Telephone for the Hearing Impaired, for information. Community Deveiopment Department Published September 7, 20x1 in the Vail Trail. • • MEMORANDUM TC7: Planning and Environmental Camrnission FROM: Community Development Department DATE: September 10, 2001 SUBJECT: A request for a variance from Section 12-6D-6, Vail Town Code, to allow for an addition within required setbacks, located at 5122 Grouse Lane /Lot 7, Block 1, Gore Creek Subdivision. Applicant; John Kuchar, represented by David Irwin Planner: Allison Ochs • I. DESCRIPTION OF THE REQUEST The applicant, John Kuchar, represented by David lrwin, is requesting a variance from Section 12-6D-6 {Setbacks) to allow for an addition in the required front setback, located at 5122 Grouse Lane. In addition, the applicant is also proposing to relocate the entry staircase. This also requires a setback variance, as the proposed staircase is located in the setback further than allowed by the Town Code. However, the applicant is removing a large portion of the existing entry stairway and decking. Gore Greek Subdivision was platted in Eagle County in 1969. The area was annexed into the Town of Vail in 1974. Information regarding the original construction of the house in unavailable. F9owever, when the house was originally constructed, it was built over the property line and portions of it were constructed into the right-of-way. The Town of Vail vacated that portion of the right-of-way (Parcel A) with encroachments by Ordinance No 21. Series of 1989. Ordinance No. 21 states, "The owner shat! be obligated to rnaintairr the vacated roadway and to keep it in good repair. No additional structures shall be placed upon the real property, except far the purpose of replacement of the existing structure." In 1991, a garage was constructed on the property, accessing off of Black Gore Drive and providing additional required parking. A portion of the required parking is currently located in the right-of-way. • The applicant is proposing to add a new entry feature to the house. Vllhile there is no new GRFA proposed, the applicant is proposing additional roof overhang which encroaches 10 ft. into the required 20 ft. front setback {10 ft. from property line). The existing building encroaches 12 ft. into the 20 ft. setback (8 ft. from property line). According to the Town Code, roof overhang can encroach up to 4 ft. into required setbacks. In addition, the applicant is proposing to relocate the stairway which leads from the parking in the right-of- way to the entry to one of the units. In conjunction with this relocation, the applicant is proposing to eliminate a large portion of the existing deck. This deck is also currently nonconforming with regards to setbacks. According to the Town Code, decks and stairways can encroach up to 5 ft. into required setbacks. Because the applicant is improving a current nonconfoming situation with the existing decking in Parcel A, staff has determined s~ ~i T0W~4`O1<V.aIL ~` that the new stairway in Parcel A does not require Town Council approval. The applicant has also agreed to minimize the existing parking in the right-of-way as much as possible and io accommodate no more than 2 parking spaces, IL STAFF RECOMMENDATION The Community Development Department recommends approval of the setback variance to allow for an entry-feature addition within 10 ft. of the property line subject to the criteria outlined in Section VI of this memorandum and the following findings: That the granting of the variances does not constitute a grant of special privilege inconsistent with the limitations on other properties in the Primary/Secondary Residential 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 strict literal interpretation or enforcement of the setback reguEations does result in a practical difificulty or unnecessary physical hardship inconsistent with the development objectives of the Tawn Code or the Primary/Secondary Residential Zone District. 4. `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 same zone. Should the Planning and Environmental Commission choose to approve the variance request, staff recommends the following conditions; That the applicant improves the parking located within the right-of-way. The applicant must provide a revised site plan indicating the revisions to the parking in the right-of-way prior to final DRB approval of the addition. The revised site plan must be approved by the Department of Public 1Norks. 2. That the applicant submits an exterior lighting plan that complies with Title 14 and removes the flood lights in the right-of-way and any other exterior lights which do not comply to code. The exterior lighting plan must be submitted prior to applying for a building permit and shall be reviewed by staff. Ill. REVIEWING BOARD ROLES A. The Planning and Environmental Commission is responsible for evaluating a proposal for. The relationship of the requested variance to other existing ar potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and 2 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, transporfatian 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. The DRB has NO review authority an a variance, but must review any accompanying DRB application. The DRB is responsible far evaluating the DRB proposal far: 1. 2. ~. 4. 5. 6. 7. 8. 9. 10. 11. 12. IV. ZONING S Architectural compatibility with other structures, the land and surroundings Fitting buildings into landscape Configuration of building and grading of a site which respects the topography Removal/Preservation of trees and native vegetation Adequate provision for snow storage on-site Acceptability of building materials and calory Acceptability of roof elements, eaves, overhangs, and other building forms Provision of landscape and drainage Provision of fencing, walls, and accessory structures Circulation and access to a site including parking, and site distances Location and design of satellite dishes Provision of outdoor lighting TATISTICS Staff has reviewed the proposal according to the PrimarylSecondary Zane District and the survey submitted. The analysis provides the following: Lat Size: 16,400 sq. ft. Zoning: Twa-Family Residential Hazards: vane Standard Allowed Existing Proposed C,RFA: 4,740 sq. ft. 3,906 sq. ft. no change Primary 2,769 sq. ft. 1,806 sq. ft. na change Secondary 1,981 sci. ft. 1,742 sq. ft. no change Site Coverage: 3,280 sq. ft. 2,711 sq. ft. 2,800 sq. ft. Setbacks: Front: 20 ft. 14.4 ft. 10 ft. Roof 16 ft. $ ft. 10 ft. Deck 15 ft. 0 ft. 0 ft. Sides: 15 ft. 7 ft. na change 15 ft. 30 ft. no change Rear: 15 ft_ 15 ft. na change 3 V. CRITERIA QND FINDINGS A. Consideration of Factors Repardina the Variances: The relationship of the requested variance to other existing yr potential uses and structures in the vicinity. The existing building is non-conforming with regards to setbacks. Staff does not believe that the proposal will have a negative impact on existing structures and uses in the vicinity. The applicant is proposing to remove a significant area of decking that is currently non-conforming, and minimizing the encroachment both into the setback and the right-of-way by relocating the stairway. Staff believes that the proposed variance will have no effect on adjacent properties. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or #o attain the objectives of this title wi#hout a grant of special privilege. Staff believes that the granting of this variance would not constitute a grant of special privilege. The existing building was built in the county and does not currently comply with setback regulations. The proposed addition does not encroach further into the setback than the existing building. The building was originally constructed partially within the right-of-way. In 1989, the Town Council passed Qrdinance No, ~1, Series of 1989, to vacate a portion of the right-of-way. Staff believes that due to the existing configuration of the building, the granting of this variance would not be a grant of special privilege. Any improvements the applicant would propose to the front entry would result in the need for a variance. Qrdinance No. 21, Series of 1989, included a condition that no new structure would be located in the portion of the right-of-way that the Town vacated. The applicant has designed the entry feature to be 19 ft. off the property line with no encroachment into the portion of the vacated right-of-way. In addition, the applicant has explored improving the parking in the right-of-way. The applicant has provided revised drawings indicating minimizing the parking. However, additional information must be provided to ensure that the design meets Town Code. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and uti[iities, and public safety. There is an existing non-conforming situation with regard to parking location. Currently, parking for the residence is located within the right-of-way. Cars often hang over into the street, making snow removal more difficult. In addition, the constrained space makes it difficult for fire trucks to turn around. Staff believes that as a condition of approval of the variance request, the applicant must provide a revised site plan indicating the improvement of the existing parking prior to final DRB approval. 4 B. The Plannina and Environmental commission shall make the followina findinas before arantina a variance: That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or mare of the following reasons: a, The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty ar unnecessary physical hardship inconsistent with the objectives of this title. 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 same zone. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjayed by the owners of other properties in the same district.. r: 5 I l ~- _ ~ ~ j O : F ~ ~ cxivao~o: ~ `7tvn ~ ; _ ~ z : tai 3uv'r :~snoxo zus ;. • 9 : a 3 - _ ~ ~ ., ~__ ~uE,~ `~ f , ~~ 0 0 • e I ._~e~~ Y,V ,`-" -~ 1^'~ '- r '~.1~ ~~W ~" ~~ '_ waR 9 '+ 3j ;z ~` u ~_ ~~ +n \\ r F Hw 3 ~~ :L d ~.../ 7 a ^~ V Q ~Y ~~~ ` 1 3 _, ~~ a ,~ i i~ ~4 N~ u ~ ~ V ~~'; ~~~~~ ~ ~ a ~ 83 ~• ~ ` _ h Y~ aA~'~ ~ ~i ~ /~ Y r1 • MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: September 10, 2001 SUBJECT: A request far a work session to discuss a proposed text amendment to the Heavy Service zone district to allow far the addition of residential dwelling units, fractional fee club units and Type III employee housing units as conditional uses; and a request for the establishment of a special development district, located at 28 S. Frontage Road /Lot A, Vail Village Second Filing. Applicant: Alpine Ventures, represented by Fritzlen Pierce Architects Planner: Brent Wilson !. INTRODUCTION The applicant is proposing a special development district (SOD} where the Alpine Standard automotive service station is currently located. The SDD is intended to facilitate the construction of a new mixed-use project that incorporates automotive services and residential units. The current (and proposed underlying) zoning for the property is "Heavy Service." The purpose of the work session meeting is to: • Present the preliminary proposal to the Planning & Environmental Commission and the community, • Inform the Planning & Environmental Commission of the issues discussed between the applicant and staff, • Engage in a discussion to forward direction and input on the various aspects of the proposal to the applicant and staff. This information will be used to determine the feasibility of moving forward with a formal application for the establishment of a special development district on the site. II. DESCRIPTION OF THE REQUESTS Today's request is for an informal "big picture" work session discussion of the proposed uses, zoning code amendments, and basic design compatibility issues associated with this proposal. The applicant's request involves an amendment to the existing "Heavy Service" zone district to allow residential dwelling units, fractional fee units and Type Ill employee 1 housing units as conditional uses. Given the lodging-oriented emphasis for the site +;and neighboring properties), the applicant is proposing the adoption of the residential development standards outlined in the "Public Accommodation" zone district regulations. At this point in the process, the applicant has not determined any specific numbers on units or any floor area ratios for the project, but proposes a 5fl15fl mix between condominiums and fractional fee units. Please refer to the applicant's attached description of the request far additional details. III. STAFF RECOMMENDATIC?N As this is a work session, staff will not be making a recommendation at this time. 111. ROLES OF REVIEWING BOARDS Special Develotament District Order of Review: Generally, applications will be reviewed first by the PEC far impacts of use/developrnent, then by the Df~B for compliance of proposed buildings and site planning, and final approval by the Tawn Council, Planning and Environmental Commission: Action. The PEC is advisory to the Town Council. The PEC shall review the proposal for and make a recommendation to the Town Council an the following: ^ Permitted, accessory, and' conditional uses ^ Evaluation of design criteria as follows jas applicable}: A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. E3. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C_ Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 10 0# this Title. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. E. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed.. F. Design Features: Site plan, building design and location and open space provisions designed to produce a #unctional development responsive and 2 sensitive to natural features, vegetation and overall aesthetic quality of the community. G. Traffic: A circulation system designed far both vehicles and pedestrians addressing on and off-site traffic circulation. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. - Recommendation on development standards including, lot area, site dimensions, setbacks, height, density control, site coverages, landscaping and parking. Desian Revsew Board: Action: The DRB has NCJ review authority an a SDD orooasal. but must review anv accomoanvina DRB aoolication The DRB review of an SDD rarior to Tawn Council agaroval is purely advisory in nature. The DRB is responsible for evaluating the DRB proposal: - Architectural compatibility with other structures, the land and surroundings - Fi#ting buildings into landscape Configuration of building and grading of a site which respects the topography RemovallPreservation of trees and native vegetation - Adequate provision for snow storage on-site - Acceptability of building materials and colors - Acceptability of roof elements, eaves, overhangs, and other building forms - Provision of landscape and drainage - Provision of fencing, walls, and accessory structures - Circulation and access to a site including parking, and site distances - Location and design of satellite dishes - Provision of outdoor lighting - Compliance with the architectural design guidelines of applicable master plans. Staff: The staff is responsible far ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the pra~ect with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Action: The Town Council is responsible for final approval/denial of an SDD. The Town Council shall review the proposal for the following: Permitted, accessory, and conditional uses.. Evaluation. of design criteria as follows (as applicable): A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. E. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function- Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. - Approval of development standards including, lot area, site dimensions, setbacks, height, density control, site coverages, landscaping and parking. Ill. COMPATIBILITY WITH THE VAIL LAND U5E PLAN AND ZONE DISTRICT REGULATIONS- Vail Land Use Plan The Vail Land Use Plan places a designation of "Resort Accommodations and Service" BRAS) on the subject properties. This area is intended to include activities aimed at accomrnodafiing the overnight and short-term visitor to the area, Primary uses include hotels, lodges, automotive service stations, and parking structures. These areas are oriented toward vehicular access from I-?Q, with other support commercial and business services included. Also allowed in this category would be institutional uses and various municipal uses, The applicant's property, like all other °Heavy Service" properties in Vail, is oriented toward vehicular access from I-70 and contains an automotive service station.. Although the RA5 designation is primarily intended for lodging and other short-term accommodations, other commercial uses such as gas stations and convenience stores) are anticipated. Staff believes the following goals articulated in the Vail Land Use Plan are relevant to the applicant's proposal: 1.1 Vail should continue to gnaw 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. 1,4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas {infill areas). 3.2 The Village and Lionshead areas are the best location for hotels to serve the future needs of the destination skiers. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 5 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 5.7 Additional residential growth should continue to occur primarily in existing, plaited areas and as appropriate in new areas where high hazards do not exist. 5.2 Quality time-share units should be accommodated to help keep occupancy rates up. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Tawn of Vail with. appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. 5.5 The existing employee hauling base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Heavv Service Zone District Regulations The Heavy Service District is intended to provide sites for autamotive-oriented uses and for commercial service uses which are not appropriate in other commercial districts. Because of the nature of the uses permitted and their operating characteristics, appearance and potential far generating automotive and truck traffic, all uses in the Heavy Service District are subject to the conditional use permit procedure. In granting a conditional use permit, the Planning & Environmental Commission or the Town Council may prescribe more restrictive development standards than the standards prescribed far the District in order to protect adjoining uses from adverse influences. Staff believes the Heavy Service District was developed to provide appropriate locations for uses that may be considered nuisances when placed in conjunction with ether uses. Specific nuisance issues may include excessive noise, dust, odors ar the use of hazardous and combustible materials. However, it is not uncommon to see a mix gf residential and autamotive uses in large, dense metropolitan cities throughout the world. Within our awn valley, the Town of Avan allows the construction of up to four ~4) employee housing units in association with primary uses in its "Industrial and Commercial" zone district. However, Avon has not established any special review criteria to specifically address the mix of residential and industrial uses. The Town's Chief Building Official and Fire Chief have indicated the proposed mix of residential and industrial uses is feasible (under certain conditions) within the parameters of the Town's adopted building and fire codes. IV. THE SPECIAL 13EVELOPMENT DISTRICT 'ESTABLISHMENT PR©CESS Chapter 12-9 of the Town Code provides for the establishment of special development districts in the Town of Vail. According to Section 12-9A-1, the purpose of a special development district is: To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and qualify of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve fhe natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the properties underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. An approved development plan is the principal document in guiding the development, uses, and activities of the Special Development District. The development plan shall contain all relevant material and information necessary to establish the parameters with which the special development district shall adhere. The development plan may consist of, but not be limited to: the approved site plan; floor plans, building sections, and elevations: vicinity plan; parking plan; preliminary open space/landscape plan; densities; and permitted, conditional, and accessory uses. The determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed special development district, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in the property's underlying zone district. The Town Code provides nine design criteria, which shall be used as the principal criteria in evaluating the merits of the proposed special development district. Ii shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The nine 5DD review criteria are referenced below: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Compliance with parking and loading requirements as outlined in Chapter 12-14 of the Town of Vail Municipal Code. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban design Plan. E. identification and mitigation of natural andlar geologic hazards that affect the property on which the special development district is proposed. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. G. A circulation system designed for both vehicles and pedestrians addressing on and aff- site traffic circulation. H, Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special develapment district. V. OISCUSSIQN ISSUES The applicant and staff are requesting direction on the proposal in an attempt to assess the feasibility of moving forward with the proposal. The parameters for review of any pending SDD request would involve the above_referenced design criteria. Staff has identified the following issues for discussion at today's work session: ^ Should staff pursue developing criteria to establish. compatibility of residentiap and industrial uses on sites within the Heavy Service zone district? ^ Given the "Resort Accommodations and Service" designation in the Land Use Plan, should residential dwelling units be a consideration in addition to short-term accommodations? If so„ what would an appropriate GRFA percentage split be in the mix of residential uses? ^ Is it appropriate to add more condominiums within the village core or should the emphasis in Vail Village and Lionshead be strictly towards lodging and quality fractions! fee or timeshare units? ^ Is the conceptual bulk and mass proposed by the applicant appropriate for the site and the neighborhood? Is the 78' of building height appropriate for the site and the neighborhood? • Are there any "red flags" that need to be addressed prior to future review by the PEC? • 8 The following technical issues are awaiting staff review pending the receipt of additional information: ^ Traffic circulation -the Town hired a consulting engineer to review the traffic circulation at this site in the context of the entire South Frontage Road corridor between l~ionshead and the Vail Village roundabout. ^ Loading/Delivery-staff will evaluate the feasibility of maneuvering large gasoline trucks through the site as well as proposed locations far delivery and trash collection. • 9 September 4, 2001 Mr. Brent Wilson Tawn of Vail Dept of Community Development 75 South Frontage Road . Vail, CCy 816.57 re: Alpine Amoco FI~ITZLE~ ~'lERCE ARCHITFCT5 Dear Brent, Per our recent conversations, we would prefer to withdraw our re-zoning application far the above referenced project (from Heavy Service to Public Accommodation) and instead pursue amending the Heavy Service zone district the project currently enjoys. In keeping with the Land Use designation for this parcel (resort services) we would like to use sections from the Public Accommodation zone district, specifically: a'' Set backs -12-7A-6 (20' with the possibility of variations) ^ Height-12-7A-7 (~, although we will still pursue an SDD to allow for our proposed height) r~ Density-12-7A-8 (1 SOsf per 100sf of Buildable site area) Type III Employee Housing Units It is the Uwner's desire to provide single owner condominium units for 50% of the proposed GRFA and Fractional Fee Units for the balance of the GRFA, not subject to the current AU requirements for FFUs. If you have any questions, please do not hesitate to call. Sincerely, Thomas R. Du Bois cc: Bill Pierce, file K:10032 -ALPINE AMOCOIOWNERCORRESPONDENCEILETTER-ZC1N'ING OPTIONS-t~904~f1.DOT PEanning Architeelure Interiors • 1650 East Vail Valley Drive Failrid~e C-7 Vail, CO $1657 vailarcf~ikecks.com fax 1970) 476-490 (970) 476-6342 ~ z ( d o ~ ~ e~ Y a i ~ ~ ~ ~ N ~ y ~ ~ ~ ~ ~ } } K U 49 (^. Y < ~ l ( O ~ ~, i p h ~ u 2~a~ ~~~~e i uu{ L~ J ,~e ~ ~ ~i ~~1 ~ '~ s o o ~ ; ~ b €~t~.ff u6~ J ~ I ~ 1 I Sao r~a3amd F~f-~ W 2CPr ........ ..... ~IYF U v Oi10Y iBYtMYU kL10S ri ~ N ~ r ' y ~ O V fOl pF1f @I d 3F9Y 4ia1 lYF ` ~ `~ ~ ~ ~~ O~C3Wd ~Nld~b : z~ ~ Z ~ ~~ ~ § ~ _~ R ~ yl.~ (mss IIQ II« II II pl II !I ~ I O I I 1 ~ ~ Y Ip ~9~ 4 g } ~¢~ ~~ Ip ~a8 ny a I ;1 I ~I !li rq ~ u ~.' II ~ rp ~~ Jy < ~r ~~ • wcva o ~ ux1 , m.,.an.n .e ° ~ OffflI67~~ 'At NfR39 3U' Y3'iflA- !tl. 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C. ,~1' l "1~/% ~ r. .!..ems - ,'~Lv~ ~ ~~r ° ~ J ~'• . ~~rY~ ~J J J ~i'y !1 f? ~ _~ ='ti+ a~ .d ~~ `~ ~; _-- ~F us o$ .~ nMOC© 1 rc~',ra' ~ .~ 12-7G-1: PURPOSE: The Heavy Service District is intended to provide sites far automotive-oriented uses and for commercial service uses which are not appropriate in other commercial districts. Because of the nature of the uses permitted and their operating characteristics, appearance and potential for generating automotive and truck traffic, all uses in the Heavy Service District are subject to the conditional use permit procedure.. In granting a conditional use permit, the Planning and Environmental Commission or the Town Council may prescribe more restrictive development standards than the standards prescribed for the ]District in order to protect adjoining uses from adverse influences. (Ord. S(1973) ~ 11.100} 12-7G-2: PERMITTED USES: Not applicable in the HS District. (Ord. S{1973} § 11.200} 12-7G-3: C0~IDITIONAL USES; The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 1 C of this Title: Animal hospitals and kemlels, dog kennel. Automotive service stations. Building materials supply stores. Business off ces. Commercial laundry and cleaning services. Corporation yards. Machine shops, Motor vehicle sales and services. Repair garages. Repair shops. Seasonal plant product business. • Ski lifts and tows, and accessory dwelling unit for service personnel. Tire sales and services, including retreading and recapping. Transportation businesses. Tracking terminals and truck service stations. Warehouses. Woodworking and cabinet shops. Accessory uses customarily incidental and accessary to the conditional uses set out. in this Section and necessary for the operation thereof, Additional commercial services determined to be similar to the conditional uses set out in this Section in accordance with the provisions of Section l'?-3-~ of this Title. (Ord. 10(1998) § $: Ord. 1{1997} § S:Ord. 43(1991) § 3; Ord. 20{1982) ~ 5: Ord. 19(1976} ~ 11{B): Ord. 8{1973) § 11.300} 12-7G-4: DEVELQPMENT STANDARDS: The development standards set out in Sections 12-7G-5 through 12-7G-14 of this Article shall be i considered minimum, and mare restrictive standards may he prescribed as conditions of a conditional use permit for any use. {Ord. 8{1973) § 11.400) 12-7G-5: LOT AREA ANTI SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (1.0,000) sclua.re feet of buildable area, and each site shall have a minimum frontage of fifty feet {50'). {Ord. 12(1978) § 3) 12-7G-6: SETBACKS: In the HS 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'}. (Ord. 50{1978) § 1) 12-7G-7: HEIGI3T: For a flat roof or mansard roof, the height of buildings shall not exceed thirty five feet {35'). Far a sloping roof, the height of buildings shall not exceed thirty eight feet (38'}. (Ord. 37(1980) § 2) 12-7G-8: DENSITY: • • Not applicable in the HS District. (Ord. 8(1973} § l 1.405) 12-7G-9: SITE COVERAGE: Site coverage shall not. exceed seventy five percent {75%) of the total site area. (Ord. 17{ 199I } § 13: Ord. 8(1973) ~ 11.407} 12-7G-14: LANDSCAPING AND SIDE DEVELOPMENT: At least ten percent { 10%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be ten feet { 10'} with a minimum area not less than two hundred (200} square feet. (Ord. 19(1976) § 11(13): Ord. 8(1973} ~ 11.409} 12-7G-I1: FARKING AND LOADING: Off-street parking and loading shall be provided in accordance with Chapter i0 of this Title. No parking or loading area shall be located in any required front setback area. {Ord. 8{I973) § 11.410) 12-7G-12: LOCATION OF BUSINESS ACTIVITY: All offices, businesses, and services permitted by Section 1 ?-7c-3 of this Article shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas and such other activities as may be specifically authorized to be unenclosed by a conditional use permit. (Ord. 8(1973} § 11.411} 12-7G-13: NOISE: No use shall be permitted or conducted in a manner which creates noise objectionable by reason of volume, pitch, intermittence or frequency, which is audible at the boundaries of the site. Specific noise performance standards may be prescribed by a conditional use permit. (Ord. 8(1.973) ~ 11.412) 12-7G-14: GASOLINE SERVICE STATION REGULATIONS: The regulations in this Section shall be applicable to the uses listed in this Chapter. Gasoline service stations shall be subject to the following. requirements; A. All fuel storage tanks shall comply with applicable State or EPA aboveground andfor underground storage tank requirements.. B. All gasoline pumps, lubrication or similar devices, and other service facilities shall be located • at least twenty feet (24') from any street right-of--way line. C. All servicing of vehicles, except sale of gas and oil services customarily provided in connection therewith, shall be conducted completely within a structure. D. All storage of goods shall be completely within a structure. E. Installation of aboveground or underground tanks shall be approved by the Environmental Health Officer. F. All aboveground fuel ar hazardous material containers shall have secondary containment. (1997 Code: Ord. 19(197fi) ~ 11(B}; ©rd. S(1973} § 11.413) • • IllIEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Developrent DATE: September 10, 2001 SUBJECT: A request for a major subdivision, a request to amend the Vail Land Use Plan to change the designation from "Open Space" to "High Density Residential", and a request far a rezoning from "Natural Area Preservation District" to "Housing Zone District" to allow for the development of empioyee housing at the site known as Mountain Bell, located on an unplatted piece of property at 160 North Frontage Road. A complete metes and bounds legal description is available at the Department of Community Development. Applicant: Town of Vail Housing Authority, represented by Odell Architects Planner: Allison Ochs !. DESCRIPTl~N OF THE REQUESTS The Town of Vail Housing Authority, represented by Odell Architects, is in the process of developing employee housing at the Mountain Bell site. The first step in this process includes the following actions: 1. A major subdivision, to allow for the platting of the site known as Mountain Bell, Approximately 6.6 acres will be platted for the housing site, which will be called Middle Creek Village. The remainder will remain open space. 2. A i_and Use Plan amendment, to change the land use designation from "Open Space" to "High Density Residential"of the Middle Creek Village parcel. 3. A rezoning, to rezone the Middle Creek Village parcel from "Natural Area Preservation District" to "Housing Zone District", The purpose of today's meeting is to provide an introduction to the project and outline the development review process of the Town ofi Vail for the project. It is scheduled for a preliminary review of the major subdivision, Land Use Plan amendment, and rezoning on September 24, 2001. Reductions of the preliminary plans have been attached for reference. II. BACKGROUND AND HISTORY OF THE SUBJECT PROPERTY The Mountain Beil site was annexed into the Town of Vail by Ordinance No. 8, Series of 1969. In 1974, as part of an agreement with Vail Associates, Inc., regarding bus service, the property was deeded to the Town of Vail. A portion of the site is owned by Qwest and is the site of the Mountain Bell tower. In addition, ABC and Learning Tree are located on the site. The remainder of the site is currently open space. ROLES C?F THE REVIEWf~IG BOARaS Z©ninglRezoning Planning and Environmental Commission: Action: The PEG is advisory to the Town Council. The PEC shall review the proposal and make a recommendation to the Town Council on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Design Review Board: Action: The DRB has lVQ review authority on zoningfrezonings. Staff: The staff is responsible far ensuring that ali submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning Regulations. Staff provides a stafif memo containing background on the property and provides a staff evaluation of the project with respect to the required • criteria. and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Action: The Town Council is responsible for final approvalldenial of a zoning/rezoning. Land Use Plan Amendment Planning and Environmental Commission: Action: The PEC is advisory to the Town Council. The PEC shall review the proposal and make a recommendation to the Town Council on the consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Vail Land Use Plan and other applicable master plan documents. Design Review Board: Action: The DRB has NO review authority on Land Use Plan amendments. Staff; The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to consistency of the proposed amendment with applicable review criteria and the policies, 2 goals and objectives outlined in the Vail Land Use Plan and other applicable master plan documents. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Acfiorr: The Town C©uncil is responsible for final approval/denial of a Vai! Land Use Plan amendment. The Town Council shall review and approve the proposal based on the consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Vail Land Use Plan and other applicable master plan documents. Major Subdivision Planning and Environmental Commission: Action: The Planning and Environmenfal Commission is responsible for final approval/denial of a major subdivision. The PEC shall review the proposal and make a recommendation to the Town Council an the compatibifty of the subdivision with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Design Review Board: Actron: The DRB has 1110 review authority on major subdivisions.. Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning and Subdivision Regulations. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. IV. STAFF RECOMMENDATION As this is a worksession, staff will not be making a recommendation at this time. The final review for this application is scheduled for the September 24, 2081, Planning and Environmental Commission meeting. V, MAJOR SUBDIVISION Title 13, Subdivision Regulations, of the Town of Vail Municipal Code establishes the review process and criteria for a major subdivision proposed in the Town of 3 Vail. Pursuant to Chapter 13-3 (Major Subdivision) of the Town Gode, the first step in the review process is for the applicant to meet with a Town Planner to discuss the preliminary plan. Staff has met with the applicant on several occasions to discuss the proposal and address submittal requirements. Staff feels the applicant has successfully complied with the initisl step in the review process. The Town of Vail is required to notify the following agencies that a major subdivision is proposed and that preliminary pions are available for review: a. Department of Public Works. b. Town Fire Department. c. Town Police Department. d. Public Service Company of Colorado. e. Holy Gross Electric Association. f. U.S. West g. Gablevision company serving the area. h. National Forest Service. i. Eagle River Water and Sanitation District. j. Vail Recreation District. k. Eagle County Ambulance District. I. C)ther interested agencies when applicable. All of the above agencies have been notified. The next step in the review process shall be a formal consideration of the preliminary plan by the Town of Vail Planning and Environmental Commission. The applicant shall make a presentation to the Planning and Environmental Commission at a regularly scheduled meeting. The presentation and public hearing shall be in accordance with Section 12-3-6 of the Town Gode. The applicant's appearance before the Planning and Environmental Gommission scheduled for September 25, 200L1, shall serve to meet the public hearing and presentation requirement. The burden of proof that the application is in compliance with the intent and purposes of the Zoning Gode and other pertinent regulations shall lie upon the applicant. In reviewing the preliminary plan, the Planning and Environments! Commission shall review the application and consider its appropriateness in regard to Town policies relating to: 1. Subdivision Control; 2. Densities proposed; 3. Regulations; 4. Ordinances, resolutions and other applicable documents; 5. Environmentallntegrity; 6. Compatibility with surrounding land uses; and 7. Effects upon the aesthetics of the Town and surrounding land uses. 4 The Planning and Environmental Commission shall have twenty-one days Pram the date of the review of the preliminary plan to approve, disapprove or approve with conditions or modifications, the major subdivision request. Within ten days of making a decision an the request, the staff shall forward the Planning and Environmental Commission's decision to the Vail Tawn Council. The Council may appeal the Planning and Environmental Commission's action. The appeal must be placed within seventeen days of Planning and Environmental Commission's action. if the Council appeals the Planning and Environmental Commission's action, the Council shall hear substantially the same presentation by the applicant as was heard at the Planning and Environmental Commission public hearing. The Council shall have thirty days to affirm, reverse, or affirm with modifications the Planning and Environmental Commission decision. The appeal hearing shall be held during a regularly scheduled council meeting. The final stefi in the review process of a major subdivision request, after Planning and Environmental Commission preliminary plan review, is the review of the final plat.. At any time within one year after the Planning and Environmental Commission has taken action an the preliminary plan, a final plat shall be submitted to the Town of Vail Community Development Department. The ,staff shall schedule a final review of the final plat. The final review shall occur at a regularly scheduled Planning and Environmental Commission public hearing. The review criteria for a final plat are the same as those used in reviewing the preliminary plan as contained in Section 133-4 of the Subdivision Regulations. The Tawn of Vail has the ability to require certain improvements when approving a major subdivision. The following improvements shall be required by the applicant unless otherwise waived by the zoning adm'rnistratar, Planning and Environmental Commission, or Council: 1. Paved streets and parking lets; 2. Bicycle and pedestrian path linked with the town system and within the subdivision itself; 3. Traffic control signs, signals or devices; 4. Street lights; 5. Landscaping; 6. Water lines and fire hydrants; 7. Sanitary sewer lines; 8. Storm drainage improvements and storm sewers; 9. Bridges and culverts; i 0. Electric lines; t 1. Telephone dines; t 2. Natural gas lines; 13. Uther improvements not specifically mentioned above but found necessary by the Town Engineer due to the nature of the subdivision. The applicant is proposing to plat the Mountain Bell site. This is considered a major subdivision and is scheduled for review by the Planning and Environmental Commission on September 25, 2001. VL LANG USE PLAN AMENDMENT 5 General Overview of the Plan The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vaif Town Council. The main purposes of the Land Use Plan are two-fall: 1. To articulate the land use goals of the Town.. 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these goals, land use categories are defined #o indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. To be effective, the Land Use Plan must be updated to reflect current thinking and changing market conditions. The Vail Land Use Plan can be amended in three ways: 1) The Community Developmen# Department can update and revise the plan periodically. The Community Development Department then makes recommendations for the proposed changes to the Planning and Environmental Commission, where these changes would then be considered in a public hearing format. The Planning and Environmental Commission would then make a recommendation to the Town Council, where another public hearing would be held. The Council then adopts the changes by resolution. 2) The Planning and Environmental Commission or Town Council can also initiate amendments to the Land Use Plan. Again, bath boards hold public hearings and the changes are adopted by the Town Council by resolution. 3) The private sector can also initiate amendments to the Vail Land Use Plan.. Applications may be made by a registered voter, a property owner, or a property owner's authorized representative. The amendments are then heard by both the Planning and Environmental Commission and the Town Council. The Town Council then adopts the changes by resolution. The applicant is proposing to change the land use designation from Open Space to High Density Residential The C3pen Space designation is described as follows: C?pen Space (OS,1.• Passive recreation areas such as greenbelts, stream corridors and drainageways are the types of areas r'n this category. Hillsides which were classified as undevelopable due to high hazards and slopes over 4D% are also included within this area. These hillside areas would still be allowed types of development permitted by existing zoning, 6 such as one unit per 35 acres, for areas in agricultural zoning. Also, permitted in this area would be institutionaUpubGc uses. The Comprehensive Open Lands Plan identifies the Mountain Bell Site as "approximately half of the property is intended for affordable housing and the remainder of the site will remain open space." It is important to note that the Comprehensive Open Lands Pian is intended to identify and recommend actions for the protection of sensitive land and open space, not as a guide for development of other properties. The High Density Residential designation is described as follows: The housing in this category would typically consist of multi-floored structures with densities exceeding 15 dwelling units per buildable acre. C7ther activities in this category would include private recreational facilities, and private parking facilities and institutional /public uses such as churches, fire stations and parks and open space facilities. GRITERIA FOR CHANGING THE LAND USE PLAN Any amendments to the Land Use Plan require a public process. Adjacent properties are notified, the Planning and Environmental Commission holds a public hearing and makes a recommendation to the Town Council on the proposal. The Town Council adopts the changes by resolution. Any changes to the Land Use Plan must address the following three criteria: Criterion 1,° How conditions have changed since the plan was adopted Criterion 2: How the plan is in error Criterion 3.• How the addition, deletion or change fo the plan is in concert with the plan in general Ifll. REZaNING REQUEST The Town of Vail Zoning Regulations are intended to: Promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance Its natural environment and its esfablished character as a resort and residential community of high quality. In contrast to the Land Use Plan, which serves as a guide in land use decision making, the zoning and subdivision regulati©ns are regulatory tools used to control development for the benefit of the public health, safety and welfare, The zoning regulations are specific with regards to development on property, including density, setbacks, height, etc. Where conflicts exist between the Land Use Plan and the zoning for a site, existing zoning controls development. However, in cases where a change in zoning is considered for a site, the land use designation and land use objectives as identified in the Land Use Plan are important considerate©ns in the decision making process. F3EZONING GRITERIA 7 The Town of Vaii has established the foilouving criteria in the review of a rezoning request: 1~ Is the existing zoning suitable with the existing land use on the site and adjacent land uses? 2) Js the amendment presenting a convenient workable relationship with land uses consistent with municipal objectives? 3) Does the rezoning provide far the growth of an orderly viable community? 4) is the change consistent with the Land Use Plan? The applicant is proposing to rezone the site from Natural Area Preservation District to Housing Zone District. The purpose of the Housing Zane Distriat is: The Housing District is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residentia! zoning districts. It is necessary in this district to provide development standards specificaNy prescribed for each development proposal or project to achieve the purposes prescribed in Section i2-1-2 of this Title and to provide far the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the District. 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A..4. -a - ~_~_~_.r.._-- i r i /~ t ---~ r-- IA .. __ _- ~ ._ = J ~/ ~ ~ ~ MEDDLE CREEK VELLAGE ~ , ~ CONCcr ~ ~ ~ C FLAN ~ ~ M Ei @ a, M~ ' ..~ S.; .. :' ,'h .h'.: k~'~ 1~~IF-5~ir?H^YT...l,~ , ~ ~.Y ~!i oFr+.,_. rra Y, i. i ~4 I e r I i I !~ I i `e I i I e r r I r~ r~ I I r r I i I r I r i~ • ~ ~ ~~ • ir' ~l • ~~ ~ ,~; A ~~ 'Z 'r'rr I ~~_ r l f ~ r ~ Sn i r I 1< +; ~ r I ' lar I ~I I+ ~ . y I I r '~ + Y 1 1 + I I ! r ~r d f. ~ r' '' ` r ~ r r ~ •1. e~, ~'' f J r j ~~~ ~~ ~ + ~ i A» y p S M F F Is n.,. r J r f Y 1 i r 1 ! ~ ~ Y ~ r 1 1 + f ~~ 7 I Y ! tr ~ r! !r I r rIr Br r !' r' ~ i i t ~ rr' + r r rr~ r ' f ~f r ! r ' r r rr i r ir~r r r r ~ r ~'i" 1 ~ +r 1 1' ~ r ~ I1r ~ ! r ! ~ r! / r+r `~! ' r + rr r l f ~ r .1 r ' r r ci ri ~ ir ~ j ~ i r! ~ i rr rir I r r .a j + ~ err+~ ~ r e` ~ J rr i d~ !' r 1 ; r r ~~ • ' " ~ r ~ r ` " r i r~ ;' ~ , .t r I it c ~ rrr~ :' r ~-`~ii k:~.~~. r 1 it r r I I11~ 4__1 ~~ + `~;I r I i I ~ ~- i ~~ ~ ~ ~ ~ ~ r ~$ ` ! 1 ~~~ g ~ ~~M~~ ~~~ ~i~ ~~ .~:~ ~ r MI©QLE CREEK VILLAGE C4NC~r i U11LIlY PLAN e 4 1 MEMORANI3UM T©; Planning and Environmental Commission FROM: Community Development DATE: September 10, 2©O1 SUBJECT: A request far a final review and recommendation to the Vail Town Council on prapased text amendments to Title 14 ("Development Standards") regarding the use of building materials within the Town of Vail. Applicant: Town of Vail Planner: Bill Gibson I. I?ESCRIPTION OF THE REQUEST This is a request for a final review and recommendation to the Vail Town Council on proposed text amendments to Title 14 {"Dcvelopment Standards") regarding the use of building materials within the Town of Vail. This text amendment initiative is a result of several worksession discussions with the Vail Town Council, Planning and 1nvironmental Commission, Design Review Board, and Town staff regarding the Town's Development Standards for the use of building materials within the Town of Vail. On June 14, 2fl€}1 the Tawn Council directed the Community Development Department to prepare a memorandum to the Planning and Environmental Conunission outlining a recommendation for text amendments to the Development Standards. The purpose of these proposed text amendments to the Development Standards is to clarify the existing regulations regarding the use of building materials, to create review criteria for the proposed use of building materials,. to incorporate existing unwritten Design Review Board policies into the Development Standards, to allow the Development Standards to be more responsive to the requirements of building and fire codes, and to allow the Development Standards to be adaptive to changing building material technologies. Please note that a copy of the existing Development Standards regarding the use of bu%lding materials within the Tawn of Vail has been attached far reference. II. ROLES ©F THE REVIEWING BOARDS Planning and Environmental Commission: Action: The 1'EC is advisory to the Town Council. The PEC shall review the proposal for and make a recommendation to the Town Council on the compatibility of the proposed text changes for consistency with the Vail Comprehensive Plans and impact on the general welfare of the connmunity. h~~ Tal!?N of l!~ltl; ~' -~- Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning and Subdivision Regulations. Staffpravides analyses and recommendations to the PEC and Town Council on any text proposal. TOwll CQL111G11: Actin; The 7'awn Council is res~onsil~le for final u,~~~r•vverl/denial ©n cede umendrnc~nts. The Town Council shall review and approve the proposal based on the compatibility of the proposed text changes for consistency with the Vail Comprehensive Plans and impact on the general welfare of the community. Desirrrl Review Board: ,fiction: The DR$ has NO review authorit}- on c.•ude amendments. III. REC©i<'IMENDAT'ION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval of the proposed amendments to the Town Code to the Vail Town Council, subject to the following findings: 1 _ That the proposed amendments are consistent with the development objectives of the Town of Vail. 2. Tllat the proposal is consistent and compatible with existing and potential uses within Vail and generally in keeping with the character of the Town of Vail. 3. That the proposed amendments are necessary to ensure the health, safety and welfare of the citizens of Vail.. 4. That the proposed amendments will make the Town's development review process less problematic and more "user friendly.'' IV. DESCRIPTIQNS OF AMENDMENTS (Text to be deleted has been nYa%~k~n. Text to be addod has been italicized,} TITLE l,4 ("De~elapment Standards"), Section 1Q ("Design Review Standards and Guidelines"), Il, ("Building Materials and Design") '._ ~:~:ir~~teriala ~I:u7.1 S:. Fr~etn~no~lg,~ :e-rwr~r sr~~ ~a *nzv~ vrli :~~ ~-i~-sh~'c~ry z~ r~Mi~~a-stel}:~ ~1~d. is ..~~~i. ~Sllaer: dit:t~ :i7 Dili ~s-I~~.~.~eu y~~' ~~riac~ F-- u~r~~°~c r~~°er xvf~lc ~l-v~1:1l~ c-.~~aaa ~~..,...a.a ~ ,rte „n~ e,-,.,n G-,o ~..o.~to.~..rittn'~e ~~li~ l.Y,-.~. _ ~'/, ~i.Yv:a~.uz.r,a~.~~ri,~,~to ;n m~~o ..`.Y'~5.'~la xl~.„-. ,: ~~ Y *o AT...:rl...,.. a;t~-n:irra..., y~el; r.~°' ~lzs~-s-1~~.~, :ae. t:~~~ rte.-, s,.. ,.U ~~„il'~ rat!. Pf'.°~at.a rim z ° -2- 1. Predominantly natural building materials shall be used within the Tawn of Yailo The exterior u.se af'woad, wood siding, wood shingles, native .stone, brick, concrete, stucco, and 'IFS may be permitted. Concrete surfaces, when permitter!, shall be treated with texture and solar; however°, expa.sed aggregate is more acceptable than raw concrete. The exterior use of stucco ar EIFS with grass textures ar surface, features that appear to imitate other materials shall not be permitte~f The exterior use of simulated stave or brick ,shall not he permitted. The exterior use of aluminum, steel., plastic, ar vinyl siding that appears to imitate other materials shall not be permitted. The exterior use of plywood siding shall not be permitted. The exterior use of any building material, r.'ncluding those not specifically ident f ed by this Section, shall only be permitted, unless other-vise prohibited by this Code, where the .design Review Baard~nds: a. that the proposed material is satisfaetor}1 in general appearance, architectural style, design, color, texture, and quality; and, b. that the use of the proposed material complies with the intent of the provisions of this Code; and, c. that the use of the proposed material is compatible with the st~z~cture, site, surrounding structures, and vverull character of the Town of Vail.. cr"-r'ccitt~~~7h~f/~rb ~'~•~'., .,+o ~1„ ~l~,.ll 1. t.ov +1, +l,a_'+., _.a Zia: i~`S: 1 1:211~wir,; TI.^Irr,--cxx~ics:~,rc .~.11~~i4i . a ~)t_ a/ a_'~eeEl. I~~.l-: ~ :..a .~`~`"1 .. ,.+~,.: ~~r~.1-1~-~~~~ :.. ~a i~:jY~k~~;~l r3e€s ..1,:..k ..,,~Fl,.,,+ .l:~V~,~ :. ., 1;~1,+ ...,+., ., .,.1:.,«a.-.+ .. ,-...+., 1.., ,,. .-..,;++n.7 Ti' \1::~3-~-F::f.: ~.:~'1C°~-~ X1,.,11 h., ,...-4'.,., l - .. ,7., 1 x, x,r 4., F 1,.,11 n~ ~~ri1i~ ~ e~r• ~i~e~ a :~. ~I.'C'YlL... ,~cl -gym ~N~ 'ra~.~ ~ ~#ryal~.~~ a>;~-r ar. ,,, v~.. U Yrar:ti~ ~ ti.t° ,.,:,,r+„ +1,,.. „~-„ ..F n~~.l y 1 ~ yam ~SuYY.w~ WRa b ., l ~~1~11 1s~~aa tr.'~daa' w1+'~e}a~! :~ '.~ i"u W1z~~) r9'ai:~~~%N.a ]y-vr'.'~-~BA~3i~11 art ~`~~ 3~'ig:. ~ta'.tl ~3~6I-fl ~'9 tar-re b. The use of wood shake, concrete tile, slate, metal, asphalt shingle, fiberglass shingle, and built- up tar and gravel roofng may be permitted. Metal rao~ng, when permitted, shall not reflect direct sunlight onto an adjacent property and shall be .surfaced with aloes-gloss~nish vr• be capable of weathering to a dull~nish- Metal roofing, wizen permitted, shall be of a heavy gain=e and designed to provide visual relief to the roaf~.szarface including but vat limited to a standing seam). Asphalt and fiberglass shingles, when permitted, shall weigh nv less than three hundred (300) pounds per roofing square. The use of rolled roofing shall nut be permitted. The u.se of any roofing matez°ial, including those not specifically iderzt fed by this Section, shall only be permitted, unless otherwise prohibited by this Cade, where the i)esign Review Board finds: a. that the proposed material is satisfactory in general appearance, architectural style, design, color, texture, and quality; and, b. that the use of the proposed material complies with the intent of the provisions of this Code; and, ~. that the use of the proposed material is canzpatible with the structure, site, surrounding structures, and overall character of the Tawn of Vail. r 1 L -3- Town of YaiII)eveloprrtent Standards Handbook flues and chimneys may project not more than four feet {4') into a required setback area or into a required distance between buildings. 2. Porches, steps, decks or terraces or similar features located at ground level or within five feet (5') of ground level may project not more than ten feet (10') nor mare than one-half (`/2) the minimum required dimension into a required setback area, or may project not more than five feet {5'} nor more than one-fourth {'/4) the minimum required dimension into a required distance between buildings.. 3. Balconies, decks, terraces, and other similar unroofed features projecting from a structure at a height of more than five feet (5'} above ground level may project not more than five feet {5'} nor more than one-half (`1~) the minimum required dimension into a required setback area, or may project not more than five feet (5') nor more than one-fourth (`l4) the minimum required dimension into a required distance between buildings. A balcony or deck projecting from a higher elevation may extend over a Iower balcony or deck but in such case shall not be deemed a roof for the lower balcony or deck. 4. Fire escapes or exterior emergency exit stairways may project into any required setback area or distance between buildings no# more than four feet (4'). 5. Bay windows and similar features extending the interior enclosed space of a structure may project not mare than three feet (3') into a required setback area or a required distance between buildings, provided that the total of all such projection does not exceed more than one-tenth (~1,~,} the area of the wall surface from which it projects or extends. 6. Towers, spires, cupolas, chimneys, flagpa]es, and similar architectural features not useable as habitable Hoar area may extend above the Height limit a distance of not more than twenty five percent (25%°) of the height limit nor more than fifteen feet (la')• D. Building Materials and Design: 1. Building materials shall be predominantly natural such as wood siding, wood shakes, and native stone. Brick is acceptable. Where stucco is utilized, gross textures and surface features that appear to imitate other materials shall be avoided. Concrete surfaces shall be treated with texture and color if used, however, exposed aggregate is more acceptable than raw concrete. Neither aluminum, steel, nor plastic siding, nor simulated stone or brick shall be permitted. Plywood siding shall not be permitted. 2. The same or similar building materials and colors shall be used on rriain structures and any accessory structures upon the site. 3. Exterior wall colors shou3d be compatible with the site and surrounding buildings. 26 ment Standards Handbo Town of l='ai113evelo k . p o Natural colors (earth tones found within the Vail area) should be utilized. Primary colors or other bright colors should be used only as accents and then sparingly such as upon trim or railings. All exterior wall materials must be continued down. to finished grade thereby eliminating unfinished foundation walls. All exposed metal flashing, trim, flues, and roof top mechanical equipment shall be anodized, painted or capable of weathering so as to be non-reflective, 4. The majority of roof forms within Vail are gable roofs with a pitch of at least four feet (4') in twelve feet (12'). However, other roof forms are allowed. Consideration of environmental and climatic determinants such as snow shedding, drainage, and solar exposure should be integral to the roof design. Roof lines should be designed so as not to deposit snow on parking areas, trash storage areas, stairways, decks and balconies, or entryways. Secondary roofs, snow clips, and snow guards should be utilized to protect these areas from roof snow shedding if necessary. ~, Roof surfacing materials shall be c©mpatible with the site and surrounding buildings. The use of wood shakes and metal roofs is acceptable, however in no instance will metal roofs which reflect direct sunlight onto an adjacent property be permitted, If metal roofs are used they sha11 he surfaced with slow-gloss finish or capable of weathering to a dull finish. 1Vletal roofs shall generally have a standing seam in order to provide some relief to the roof surface and be of a heavy gauge. Asphalt and fiberglass shingles shall be permitted provided that they weigh no less than three hundred (300} pounds per roofng square foot and are of a design and color to be compatible with the requirements of this Section. 7. Rooftop heating and air conditioning equipment, large vent stacks, elevator penthouses and similar features should be avoided; however, if necessary, shall be designed to be compatible with the overall design of the structure or screened from view of all adjacent properties. Rooftop antennas shall not. be permitted unless as allowed under a conditional use review as specified within the Zoning Code. $. Solar collectors shall lie flat on pitched roofs; however, when retrofitting an existing building with active solar, the collectors should be designed and placed in a manner compatible with the overall design of the building. 9. Deep eaves, overhangs, canopies, and other building features that provide shelter from the elements are encouraged. 10. Fenestration should be suitable for the climate and for the orientation of the particular building elevation in which the fenestration occurs. The use of boih passive and active solar energy systems is strongly encouraged. 11. In no instance shall a duplex structure be so constructed as to result in oath half of the structure appearing substantially similar or mirror image in design. 27 MEMORANDUM T(~: Planning and Environmental Commission FR(]Ml: Department of Community Development DATE: September 10, 2001 SUSJECT: A request far a rezoning from "Special Development District Na. 10" to "`Housing Zane District" located at Timber Ridge Village, t 280 N. Frontage Fed. Uti'est I Lots C-1 through C-5, Lion's Ridge Filing Na. 1. Applicant: Town of Vail Planner: Allison achs I. DESCRIPTION OF THE REQUEST The Department of Community Development has initiated a rezoning of Special Development District Na. 10 to the Housing Zane District, located at Timber Ridge Village, 1280 N. Frontage Rd. West / Lats C-1 through Lots C-5, Lion's Ridge Filing Na. 1. An application has been received by the Department of Community Development from the Administrator, Russell Forrest, in accordance with Section 12-3-7 of the Town Code,.. to rezone Timber Ridge Village from Special Development District No. 10 to the Housing Zone District. According to Section 12-3-7 of the Town Cade: An amendment of the regulations of this Title ar a change in district boundaries may be initiated by the Town Council an its own motion, by the Planning and Environmental Commission an its own motion, by petition of any resident or property owner in the Town, or by the Administrator. Timber Ridge Village is currently zoned Special Development District No. 10. The proposal is to rezone Timber Ridge Village to the Housing Zone District. The purpose of the Housing Zane District is The Housing District is intended to provide adequate sites far employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed far other residential zoning districts. it is necessary in this district to provide development standards specifically prescribed for each development prcaposal or pro1`ect to achieve the purposes prescribed in Secti©n i2-f 2 of this Title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the District. The Housing pistrict is intended to ensure that employee housing permitted in the District is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. 14 rowl4` ~F ~ArL ~' il. BACKGROUND AND Ft15TORY OF THE SUBJECT PROPERTY Lion's Ridge Subdivision was platted in Eagle County in 1973. The property was subsequently annexed by the Town of Vail in 1975, by Ordinance No, 26, Series of 1975. Ordinance No. 7, Series of 1979, rezoned Lots C-1 through C-5 from Residential Cluster to Special Development District No. 10. Ordinance No. 7, Series of 1979, has been attached for reference. The project was completed in 1981 and received a Final Certificate of Occupancy on November 30, i 981. As a special development district, the development standards are prescribed by the adopting ordinance. In a special development district, uses do not vary from the underlying zoning (12-9A-7}. However, in this situation, the original zoning of Residential Cluster was repealed, and the uses are set forth by the adopting ordinance and development plan. In Special Development District No. 10, the allowable uses for Timber Ridge Village are set forth by the adapting ordinance. ©rdinance No. 7 permits: Use: The use of the 198 dwelling units shall be restricted as follows: 1. Units steal! be used for long-term rentals with a minimum lease of 3g days. 2. All occupants shall be full-time errrplayees in the Upper Eagle Valley which includes the Gore Valley, Minturn, Fled Cliff, Gilman, and Eagle/Nail. "Full-time employment" shall be deemed to mean employment of more than 30 hours per week. Members of the family of an employee shall be exempted from this requirement. The owner of the property shall provide to the Town of Vail on December 1 and June 1 of each subsequent year a Gst of all tenants, including their names and places of employment. 3. A ten day period from the time of initial occupancy shall be given in order for an occupant to find employment in the Upper Eagle Valley as required herein. 4. All occupants, with exception of members of the family of an employee who are not employed in the Upper Eagle Valley for a perr'od in excess often days (except in the recognized off-seasons) will be required to terminate their occupancy. 5. All signators of leases must be occupants of the units. 6. Occupation of each unit shall be limited to a family as defined by Title 18 of the Vail Municipal Cade. Length of Commitment: The terms of these conditions shall be in effect for a period of twenty years from the date of completion of the project. 1Vo unit, building, or portion of the protect shall be condominiumized during the restricted twenty year period. The terms of the condi#ions placed on the 198 units expires after 20 years from the date of completion. Timber Ridge Village received a final Certificate of Occupancy on November 30, 1981. The terms of the conditions expire an November 30, 2001. Special Development District No. 10, Timber Ridge, sets specific development parameters for the site, including: Lot Size: 10.08 acres or 433,084,8 sq. ft. Hazards: High Severity Rockfall Slopes in excess of 40% (estimation by staff, no pre-construction surveys available) Density: Buildings: GRFA: Site Coverage; Landscape Area: Height: Setbacks: Parking: 198 dwelling units 1$ buildings 148,500 sq. ft. 45% or 197,58$ sq. ft. 30% or 131,725 sq. ft. 35 ft. 20 ft. 237 spaces or 1.5 per unit Staff is aware of existing non-conformities within the special development district, including but not limited to height and setbacks. According to the legal file, the eastern most building was built over the adjacent property line, and therefore does not comply to the 20 ft. setback. requirement. III. STAFF RECOMMENDATION The Department of Community Development recommends that the Planning and Environmental Commission forward a recommendation of approval of the proposed rezoning, based upon the criteria for evaluation 9sted in Section VI of this memorandum and the following findings: The proposed rezoning is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the Town of fl'ail's development objectives. 2. That the proposed rezoning is compatible with and suitable to adjacent uses and appropriate for the area. 3. That the proposed rezoning is in the best interest of the public health, welfare and safety. [V. ROLES OF THE REVIEWING BOARDS FOR A REZONING REQUEST Planning and Environmental Commission: Action: The PEC is advisory to the Tawn Council. The PEC shall review the proposal and make a recommendation to the Town Council on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Design Review Board: Action: The DR8 has NO review authority ova a zoning/rezoning. Staff The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning Regulations. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Action: The Town Council is responsible far final approvaUdenial of a zoning/rezoning, The Town Council shalt review and approve the proposal based on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Pions, and impact on the genera! welfare of the community. VI. REZONING REQUEST; CRITERIA FOR EVALUATION ZQNQNG ©VERVIEW The Town. of Vail Zoning Regulations are intended 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. The Town of Vail has established the following criteria for the review of a rezoning: 1} is the existing zoning suitable with the existing land use on the site and adjacent land uses? The existing land use on the site consists of multiple-family dwelling units reserved for employee housing. There are 16 two- and' three-story buildings with 198 dwelling units. There are three beds per unit. In November of this year, the restrictions on the use of the property as employee housing expire, Staff believes that the current zoning, Special Development District No, ~ 0, is suitable with the current and future use of the property. As a special development district, the development standards are set by an approved development plan,. subject to review by the Design Review Board, Planning and Environmental Commission, and Town Council. A special deveiopment district allows for deviations from the code. Section 12-9A-9 states: Development standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking shall be determined by the Town Council as part of the approved development plan with cansideratian of the recornrnendafions of the Planning and ~nviranmental Commission. Before the Town Council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the Town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in Section 72-9A-8 of this Article, 4 When approved, the Town Council determined that the deviations provide substantial benefit to the Town. In Special Development District No. 10, the identified public benefit was employee housing fora 20 year period. The Town Counci[ found that the ublic benefit of em to ee housin outwei hed the deviations P P y 9 9 , which included a considerable increase in density from the original zoning (RC) and relief from the design guidelines. Staff believes that Special Development District No. 14 is suitable with the existing land use of the property. The purpose of Special Development District No. 10 is as follows: . Special Development Qistrict No. 10 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the town, provide adequate open space and recreational amenities, and promote the objectives of the zoning ordinance. Special development district t 0 is created to ensure that housing for the employees of the Vail community is provided and provided in such a manner that is suitable for the area and the vicinity in which it is situated; that the development will not have a substantial negative effect on the town or its citizens, inhabitants, or visitors; that the development is regarded as complementary to the town by the town council and the Planning and Environmental Commission; and that there are significant aspects of the special development which cannot be satisfied through the imposition of standard zoning districts on the area. Special Development District No. 10, allows for the continuation of the existing use of the property without the employee housing restrictions. It creates no nonconforming situation. Adjacent uses include the following: Simba Run -Special Development District No. ~, Simba Run, was adopted by Ordinance No. 6, Series of 1976. It was a development originally approved in Eagle County, prior to annexation; The development plan was accepted by the Town of Vail as part of the annexation agreement. When annexed, special development district was the most appropriate zoning for the site with the prior approvals. The public benefits included transportation improvements, recreational amenities, and ten employee housing units. The site has no underlying zoning. According to Special Development District No. 5, there are 209 dwelling units on site, consisting of 198,00(} sq. ft. of GRFA and 18,000 sq. ft. of commercial area. United States Post Office -the United States Post office is zoned Medium Density Multiple Family. The use of the site is a pubic building. As an office of a federal agency, Town of Vail regulations do not apply. Tract A, Lion's Ridge Filing 3 - Tract A is zoned Natural Area Preservation District. Current use of the site is open space and it is owned by the Town of Vail. 5 Staff believes that Special Development District No. 10, is suitable with adjacent uses. 2} Staff believes that the Housing Zone District would also be appropriate for Timber Ridge Village. The Housing Zone District would allow for the continuation of the current use of the property. Any redevelopment would then need to comply with the Housing Zane District standards. Is the amendment presenting a convenient workable relationship with land uses consistent with municipal objectives? The Town has continually stated that the provision of employee housing is an important objective and a high priority for the community. Rezoning Timber Ridge Village to the Housing Zone District would allow the current use of the property to continue. Should the owner of the property choose to improve the buildings through the addition of GRFA, the Town Code would require the applicant to come into compliance with the Housing Zone District. This would preserve the 19$ dwelling units currently reserved for employees. Staff believes that the amendment presents a convenient workable relationship with land uses consistent with stated municipal objectives. The purpose of the Housing Zone District is: The Housing District is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zoning districts. It is necessary in this district to provide develapmeni standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in Section 12-1-2 of this Title and fo provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the District. The Housing District is intended to ensure that employee housing perrrritfed in the District is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. The Housing Zone District is similar to a special development district in its flexibility in the development standards of the zone district. The Housing Zone District provides the fallowing: Lot Size: as approved by the PEC Density; as approved by the PEG GRFA: as approved by the PEC Site Coverage: 55% or as approved by the PEC Landscape Area: 30% Setbacks: 20 ft. or as approved by the PEC Parking: per Ch. 12-1 D or as approved by the PEC As part of the rezoning of Timber Ridge Village to the Housing Zone District, the Planning and Environmental Commission would be adopting a development plan for 6 the site. The approved development plan would consist of the current development parameters as outlined in Special Development District No. 10. Staff believes that the Housing Zone District presents a convenient workable relationship with the existing use of the site. The rezoning would not present any nonconformities with regard to the existing structures. However, the Housing Zone District is very specific with regard to use of the site. The Housing Zone District's primary intent is to provide employee housing. When the restriction on the use of the dwelling units expires, the site will be nonconforming with regard to use. According to the Town Code:. 12-18-4: USES: The use of a site or structure lawfully established prior to the effective date hereof which does riot conform to the use regulations prescribed by this Title for the district in which it is situated maybe continued, provided that no such nonconforming use shall be enlarged ro occupy a greater site area fvr building floor area than it occupied on the effective date hereof. Any subsequent reduction in site area or floor area occupied by a nonconforming use shall be deemed a new limitation, and the use shall not thereafter be enlarged to occupy a greater site area or floor area than such new limitation.. The Town Code allows for the continuance of nonconforming uses, It states; 12-1$-2: ~C~NTINUANCE: Nonconforming sites, uses, structures, and site improvements lawfully established prior to the effective date hereof may continue, subject to the limitations prescribed in this Chapter. Sites, uses, structures, and site improvements lawfully authorized by permits or regulations existing prior to the effective date hereof may continue, subject to such limitations as prescribed by such permits or regulations. Therefore, the current use of Timber Ridge Village may continue until the owner of the property submits an application to the Department of Community Development to enlarge any structure on the site. At such time, the applicant would be required to come into compliance with the use requirements of the Housing Zone District. The current use of the property conforms to the existing zoning, Special Development District No. 14. Should the owner of the property wish to enlarge any structure on the site, the process would be a major or minor amendment (depending on the scope of the improvements) to Special Development District No. 10. 3) ©oes the rezoning pro~iide for the growth of an orderly viable community? In accordance with the provisions of the Town of Vail Zoning and Subdivision Regulations and Vail's Comprehensive Plan elements, staff believes this rezoning provides for the growth of an orderly viable community. The Housing Zone District sets forth development standards and uses which the Town has found to be in the best interest of the Town's health, safety, and welfare. Staff believes that the designation of the Housing Zone District on this site will suit the existing use and development of the site, while allowing for a variety of uses which will benefit the 7 Town and the owner of the property. The Housing Zone District regulations have been attached for reference. The Housing Zone District allows deed restricted employee housing as a permitted use. In addition, as conditional uses, the Housing Zone District allows for Type Vl employee housing units, dwelling units (not EHUs) not to exceed 30°/° of the total GRFA constructed on the site, and accessary commercial uses. The Housing Zone District provides for development potential beyond the existing special development district. The only allowable use under Special Development District IVo. 10 is 198 dwelling units. With no underlying zoning, development potential is ambiguous. There is no mechanism in place to ensure compatibility of uses on the site with adjacent properties, Vail's development objectives, and Vail's Comprehensive Plan. Any redevelopment proposal inconsistent with the existing special development district would need to establish underlying zoning first, then impose a new special develapment district on the property. Staff believes that the ambiguity of the development potential for the site with the existing zoning does not provide for the growth of an orderly viable community. Staff believes that the clear purpose and intent of the Housing Zone District, along with the allowable uses within that zone district, will provide for the growth of an orderly viable community. 4) is the change consistent with the Land Use Rlan? The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purposes of the Land Use Plan are two-fold: 1. To articulate the land use goals of the T©wn. 2. To serve as a guide for decision making by the Town. The Vail Land Use Pian is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is intended to provide a general frameworl< to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development an a site. The current land use designation of the property is High Density Residential, which, according to the Vail Land Use Plan, is described as: The housing in this category would typically consist of multi-floored structures with densities exceeding T 5 dwelling units per buildable acre. Dther activities in this category would include private recreational facilities and private parking facilities and institutional /public uses such as churches, fire stations, and parks and open space facilities. The proposed rezoning is consistent with the goals, objectives and policies as stated 8 in the Vail Land Use Plan. Specific Land Use Plan goals that are relevant to this proposal include: 1.Q Genera! Growth/©evelopment 1.1 Vail should continue to grow r`n a controlled environment, maintaining a balance between residential, commercial and recreati©na! uses to serve both the visifar and the permanent resident. l.3 The quality of development should be maintained grad upgraded whenever possible. 5.0 Residential 5. l Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace 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 believes the goals of the Vail Land Use Plan will be furthered by the rezoning of this property from Special Development District No. 1 Q #o the Housing Zone District. The Vail Land Use Pian states that the provision of employee housing is an important objective of the Town. In addition to the Vail Land Use Plan, other Town documents support this objective. In 1999, the Town of Vail sponsored, slang with l=ogic County, Town of Eagle, and Vail Resorts, Inc., a housing needs assessment. The Housing Needs Assessment states: Develop more rental housing. The demand for units to house new employees and employees who now commute but want to live in Eagle County is sufficiently strong to support the additional development of apartments. Until the vacancy rates reaches a level more in line with other communities, efforts to develop apartments should oat be curtailed. • Staff believes that the rezoning of Timber Ridge Village to the Housing Zone District is consistent with the Land Use Plan and fhe Housing Needs Assessment. 2 To: Vail Town Council Planning and Environmental Commission From: Russell 1=arrest (Applicant) Director of Community Development and Zoning Administrator Date: September 4, 2001 Subject: Request to rezone parcel # 2103 -121-{}~-008 from S[7D # 10 to the Housing (H) Zane ©istrict (section 12-5I) of the Town Code. 9. PROPOSED ACTIION: The Administrator on behalf of the Town of Vail is respectfully proposing to place Timber Ridge in the Housing Zone District ~H). fihe purpose of this zoning application is to advance the housing policies of the Town by maintaining the use of the site as a housing area far employees. In addition, the rezoning will provide additional opportunities for the owner to redevelop in the future. Timber Ridge currently has 198 units, 396 bedrooms, and 594 beds. The Housing Zone District provides the owner wi#h opportunities to develop market rate pausing and ancillary commercial development to help encourage redevelopment. This rezoning is impor#ant to the welfare of the Tawn of Vail in that this housing project provides homes for over 500 area employees. The Housing Zone District will help ensure that the site continues to be maintained as employee housing and will provide opportunities to improve and maintain employee housing in the future. 2. EXISTING DEVELOPMENT PARAMETERS AND PROPOSED DEVELOPMENT PLAN This proposed zoning does not involve a proposal for any physical changes. The proposed zoning does afford the current owner the ability and flexibility to redevelop tpe site. The Housing Zone District would allow comrrmercial uses as a conditional use and would allow free market units to be proposed (up to 30% of the floor area) in a future redevelopment. The current development parameters, as approved in SDD # 10, are respectfully submitted as the development plan far this proposed zoning teat include: • Area: 10.05 Acres • Land Use Plan Designation: High Density Residential • Density: 198 units • Floor Area :148,000 square feet • Parking: 297 spaces • Setbacks: 20 ft Maximum height: 35 feet • Site Coverage 45% • Landscaped Area: 30°/a The site was originally zoned residential cluster, which had an allowable floor area of 109,000 assuming all the land was buildable. Once steep slopes are factored into the GRFA calculation, the actual allowable square footage could be less than 109,000 sq. ft. The SDD allowed a 35 % increase over the maximum potential for GRFA under the previous zoning before factoring in slopes. 3. CRITERIA FOR REZCNING: The Town has Consistently appfed the following criteria in review of rezoning applications: REZONING CRITERIA '1) Is the existing zoning suitable with the existing land use an the site and adjacent land uses? The site does not have underlying zoning. Rather the site has an approved special development district that serves to define the permitted use for the site. Because the existing use of the site conforms to the requirements of SDD#10, the existing use is suitable to the existing special development district. However, any future redevelopment proposal, without underlying coning, would require an amendment to the existing SDD #10, a new SDD, or the application of a new zone district. An underlying zoning district would mast likely be need to be determined and the property rezoned before any future development proposal is considered for the property. Furthermore, an employee housing project on the site has worked well with the adjacent land uses. Without underlying zoning and the expiration of the conditions of approval for SDD #10 occurring in the near future, the existing compatible use for locals housing could be detrimentally impacted and the use may be unsuitable to the adjacent land uses. Without underlying zoning the future use of the site is in question. Neither adjacent homeowners, the applicant, nor the Town has any clear understanding of what could be developed on the site in the future without this rezoning. The Housing Zone District, if applied to this property, would also be appropriate for this property in that it would be suitable with and facilitate the existing use and hopefully encourage improvement to the site consistent with the character of adjacent land uses and the Town's housing policies. 2} Is the amendment presenting a convenient workable relationship with land uses consistent with municiipal objectives? The Housing Zone District provides the opportunity to maintain and enhance employee housing on the site. Furthermore it provides flexibility in the future far the owner to redevelop the site while maintaining employee housing on the site which is important to the welfare of the Vail Community. Any major addition or redevelopment of Timber Ridge would require PEC approval to ensure that those proposed changes would create a workable relationship with other land uses. 3} Daes the rezoning provide for the growth of an orderly viable community? In accordance with the provisions of the Town of Vail Zoning and Subdivision Regulations and Vail's Comprehensive Plan elements, the applicant believes this rezoning provides for the growth of an orderly viable community. Without underlying zoning, any fu#ure development would be difficult to evaluate and the success of any proposal would be unpredictable. Furthermore, employee housing is a long standing and important goal for the Town. Loosing 45% of the existing employee housing stock in the Town of Vail would not provide far the growth of an orderly viable community. Rather it would further lead to a decrease in the community's ability to attract and retain quality employees and could jeopardize the future economic viability of the resort community. 4} is the change consistent with the Land Use Plan? The proposed rezoning is consistent with the land use plan designation of high density residential. This specific action is consistent with goal 5.5 in the Comprehensive Land Use Plan that states: "The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites through the community." This proposed rezoning will facilitate both maintenance of existing employee housing and should be helpful in the future with the flexibility provided by the housing zone district to upgrade the property. 3. CAN THE TOWN PR[~POSE A REZONING ON PRIVATE PROPERTY Yes. As a Home Rule Municipality, the Town unilaterally possesses the legislative police powers to impose zoning an private property. State Law further authorizes all Colorado municipalities to establish and change zoning on private property. C.R.S. 31-23-301, 31-23-302. The Administrator can initiate a rezoning as referenced in section 12-3-7 (B) of the zoning code. Furthermore the Town has changed zoning in the past which impacted private property rights. In 1979, the Town passed Ordinance #22 series of 1979 that reduced the density of Two Family Residential zoned lots from 2 to 1 on lots less than 15,000 square feet. The Town has annexed property with County zoning and placed new zoning on that land which in some cases was a down zoning. For example in 1974, when the Town annexed Vail Meadows Filing #2, the Town zoned private land Agriculture C]pen Space vn land zoned previously far fow density residential. The point being where there has been a legitimate public purpose the Town has successfully placed zoning on private property to achieve that public purpose. 4. HOUSING STF2ATEGY The Town of Vail is pursuing a multifaceted housing strategy to meet a significant need fior empkoyee for sale and rentak housing within the Town of Vail. To that end the Town of Vail has developed: + 53 Vail Commons For-sale Units • 18 Vai[ Commons Rental Units * 18 Red Sandstone For-Sale Units • 6 North Trail Townhomes For-Sale Units • 24 Buzzard Park Rental Units for TC)V Employees • 12 Creek Side Apartments for TOV Employees • 5 Buy Down Units dispersed throughout the TDV • The Vail Local Housing Authority (VLHA) has signed a devekopment agreement for a portion of the site known as Mountain Bell to be developed as additional rental housing for employees working within the TOV • The Town is a partner with Eagle County to develop employee housing on 16-acres at Berry Creek 5`~' Filing In addition, there have been several housing projects built in the lower portion of the valley. Vail Resorts has recently built RiverEdge and expanded the Tarnes. These developments provide housing for seasonal employees of the Town, Ullith these housing opportunities the vacancy rate is still extremely low at an average of less than one percent. This indcates that continuing employee housing developments is very much needed. However, with more businesses locating in the lower valley, it is critical for Vail to maintain and increase employee housing opportunities in Vail so those employers within the Town of Vail can compete for the limited pool of empkoyees. Providing employee housing opportunities in Vail is critical to providing a high levek of service to our guests, which is vitak to maintaining Vail's premier resort status. Community surveys consistently indicate the need to provide for empkoyee housing as being a critical action the Town needs to address. Creating new employee housing opportunities and preserving the existing employee housing base is critical to the welfare of the community. According to the 2000 Census 48% of the households located in Vail are renters. Few employees within the Town of Vail are able to have the security of a year-long lease on an employee rental unit. Additionally, according to the 1999 Eagle County Housing Needs Assessment, Vail has more residents with incomes in the $25,000 to $29,999 ranges. This further points to the need to maintain an employee bed base for local empkoyees within the Town. • 5. Ikllarket Analysis for Additional Emaiovee Housic~~{. Eagle County Statistics y According to the 2000 Census, Eagle County's population is 41,659 people Based on 2000 E5202 data {Department of Labor Statistics) the lowest number of ES202 jobs was reported for May 2000 - 24,565 Highest number of ES202 jobs reported in December 9999 - 30,753 Y This is a difference of 5,386 jabs, which are attributed to seasonal employment - It should be noted that ES202 jobs account approximately 79.3 percent of all jobs in Eagle County, according to estimates by the Colorado State Demographer With the population of Eagle County and the supply of jobs it is incredibly competitive to fill the positions. The limited availability and the high cost of housing exacerbates this problem. Additionally, the Colorado Department of Labor estimates that by 2005 the number of jobs in Eagle County will increase by 4.9% with the population only growing by an estimated 3.0°/4. The ability of a community to supply employee housing offers an edge in maintaining a local pool of employees. In its own experience the Town of Vail was not able to fill many of its seasonal positions until it offered housing for those employees. It is estimated that roughly two-thirds to seventy percent of seasonal employment in the Vail Valley is concentrated in the Town of Vaii area. {Source: Middle Creek Village Market Assessment written by the Housing Collaborative, lnc. August 2001 for the Vt.HA). This seasonal increase for employees adds additional demand on the already limited employee housing supply. The demand for the seasonal employees, thus employee rental housing, is a mainstay of the Town of Vail local economy. Additionally, there are two market sectors placing demands on available housing within Eagle County. The primary market are people already living and working within the County and the secondary market are people currently commuting to work in the Vail Valley from the Lake County/Leadville and Garfield County Areas. The additional costs associated with commuting so far to work as well as the competitive market for employees places employers with employees living in these communities in a constantly challenging position. The Town of Vail competes in a service driven economy. With out a variety of employee housing opportunities, Vail will not have quality employees and will not sustain itself in the highly competitive resort environment. Therefore taking every reasonable action to maintain properties such as the Timber 'Ridge site as employee housing while providing the owner with a reasonable opportunity to redevelop the property and continue to make a reasonable financial return on that property through the Housing Zane District is an important and necessary action in the community's overall housing strategy. r in V/ i U O R „ ~,~4 /+ ~ _ y~ ~ ~ `,~~ ~ ~ ~ ~ ~'~,~`'t. ~ L7- ~ ~ g ~` ~'` ~ - W • z 3 ~ ~ V1 `~~~ •, ~, a ~°~~~ 44 If l ` y N ~~,; ~ ~, ~ g R ~ ~• N ~ ~~~ ~ 1 ~ ~ ~ ~~ ~ ~ ~ ~~ ~~ ~ ~~~, ~~; iy y ~ ~'. _ % ~' ~ V u °- ~ © m '`~ i y \ 1 \\ Y lA ORDIP]ANC1: NO. ' (5~ries of 1~J7J) AN ORDLNANCE Y.EZOrdING A PARCEL OI' PROPERTY DESC1~I13ED AS LOTS C1 TIIRC?UGH C5, LIONSRIDGE, FILING N0. 7 TCJWN OF VAIL, CflLORAbO, FROM RESIDENTIAL, CLUSTER `f'O SPECIAL DEVELOPA~IENT DISTRICT, API'RflVING THE APPROVED DENSITY TIII:RI:rFORE; SPECII'YING THAT THE pROP7'R7'Y SLIALL BE USED F4I3 L[?NG 'I'IRP.1 RisNTALS; 1NDICA'i'ITdG T1IE 1NITIAL DEVI;LOPP~II;NT 5'I`ANDARDS; DIRECTING APPROVAL I?ROCESS, AND SETTING FORTH ])ETAILS RELATING THERETO. WffEI3EAS, Lets C1 through C 5, Lionsridge Filing No. I, flown of Vail, Colorado; have been zoned Residential Cluster; and WHEREAS, the use of the property has been under study for some period o~ time; and WIIEREAS, in accardance with Section 18.66.11p ~, p,,~~t ~ ~~~ ~ of the Vail Municipal Code, a rezoning has been initiated by the purchasers of the above specified property to rezone the property from Residential Cluster to a Special Development District; and 7'~HEREAS, the Planning and Environmental Cammissiou of the Town of Vail has considered the same and recon~niended approval of the rezoning, a density for the property, a pra~ected use for the property, initial development standards, and the process for approval of further development plans; and WIIEREAS, the Town Council considers that it is in the public interest to rezone said property in accardance with the provisions of this ordinance;. N41Y, THEREFORE, BE ORDAINED BY TIlE T0ti7N COUNCIL OF' THE TOWN OF VAIL, COLORADO, TLLAT: (1) The Council spedfically finds that the procedures far the aanendment of the official zoning map and rezoning of properties within the Town of Vail as'prescribed in 'title 18 of the Vail Irlunicipal Code have been fulfilled, and the Council hereby receives the report n.nd recanunendation of the Planning and ~nviranmental Commission recommending t1Ye agpraval of the rezoning of the subject property. • Ord. iVo. Page l (2) Pursuant to Section 18.6G.1G~ of the Vail Iliunicipal Code Lots C1 through C5, Lionsrid~;e Filing No. 1, Town of Vail, Cnlorado,are rezoned from Residential Cluster to Special Development District in accordance r~ith the terms and conditions of this ordinance. 3) The following densities, parking requirements, use requirements, length of commitment, development standards, and approval procedures, shall be applicable to this property, and the applicant shall enter into an agreement with the Town prior to second reading of this ordinance agreeing to the terms herecf. Said agreement shall be filed of record in Eagle County'. A. Density - A maximum number of 198"dwelling units shall be allowed with a maximum gross residential floor area of 1g8,5Di7 square feet may be constructed on the parcel, Ii, barking - There shall be provided no less than 297 parking spaces for the project. C. Use - The use of the 198 dwelling units shall be restricted as follows: i. Units s].zall be used for long-term rentals with a minimum lease of thirty days. ii. All occupants shall be full-time en-playees in the Upper Eagle Valley which includes the Gore Valley, ~{).nturn, Red Cliff, Gilman and EaglefVail. '"Full-time employment'" shall be deemed to mean employment of more than 90 hours per week. Members of the family of an employee shall be eaemgted from this requirement. The owner of the property shall provide to the Town of Vail an December 1 and June 1 of each subsequent year a list of all tenants, including their names and places of employment, iii. A ten day period fron the time of initial occupancy shall be given in order for an occupant to find employment in the Upper Eagle Valley as required k~.erein. • Ord. Nn. Page 3 iv. A11 occupants, with exception a£ members of the family of an employee who sire not employed in the Upper Eagle Valley for a period in excess of ten clays (except iaz the recognized off-seasons? u•i].1 be required to terminate their occupancy. occupants of the units. v. All sil;nators oi~ leases must be vi. Clccupatiorr of each unit shall be limited to a family as defined by Title 18 of the Vail Municipal Code. D. Length of Commitment - The terms of these conditions shall be in effect for a period of twenty years from the date of completion of the project. No unit, building, or portion of the project shall be condominiumized during the restricted twenty year period. E. Approvals Required - The Planning and Environmental Commission shall review and recommend to the Town Council a final development plan in accordance with Sections 18.40.044 and 1$.40..050 of the Vail h9unicipal Code. The Town Council shall have the final review of the development plan after receiving the recamrnendatian of the Planning and Environmental Commission. The Resign Review Board shall review each phase of the development plan prior to the commencement of construction. The applicant shall obtain from the Town of Vail, a Building Permit for Phase I on or before June 1, 1979 and shall commence construction by July 1, 1979. Tf a building Permit is not acquired and construction has not commenced by the above-referenced. dates, the Town Council may direct that this Special 1evelopment District zoning shall be returned to the planning & Environmental Commission and the Town Council for their review, Upon said review, the re- zoning may be reversed, re-approved, altered or changed as the Planning & Environmental Commission and Town Council stxall deem appropriate. C7rd. No. l}a7e 4 F. Development $tandaz ds - The follo~,ving ininirnum development standards shall be follt~wed: (i) Required setUacks on the projects shall be a minimum of 20 feet from any site line. (ii) Tine maximum height of all buildings shall be 3S feet. (iii) No more than 45~ s~f the total site area shall be covered by buildings. (iv} A minimum of 30% o.i the total site area shall be landscaped. (v) I~.ecreatianal facilities shall be provided, sufficient to meet the needs of the residents of the project including as suggestions: volleyball courts, basketball court, and an inside recreation room with ping gong and faosball tables. (vi} No fireplaces shall be permitted within any of any of the 19$ dwelling units. Dne fireplace may be installed in a common recreation or meeting area. (4} As provided in Section 18.08.03Q the Vail Municipal Code, the Zoning Administrator is hereby directed to promptly modify and amend the official zoning snap to indicate the rezoning specified in lsaragraph (2} above. (5) if any part, section; subsection, sentence, clause ar phrase of this ordinance is fc~r any reason held to be . invalid, such decision shall not affect the validity of the remaining portions of dais ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses ar phrases be declared invalid. ` (~) The Town Council hereby winds what this ordinance is necessary for protection of the public health, safety and welfare. f~ ard. ~ko. P;~~;e :~ INTRODUCED, READ UV T"ItiST READING, APPRCIVED, AND C3RDERED PElIILI51-YED ONC); IN PULL phis Gth day oI February=, 19'79, and a public hearing an this ordinance shall be lseld at the re;ular meeting of the Torv~t Council cal' the 'T'own of fail, Colorado, an the 20tH day of February, 1J7~J, at 7.3fl F.M., i.n the hluniciTaa1 building of the Tarvn. ..~"' ~,f 119ayorY ~~ _ . N S .i ATTEST': l.. Torun Z;lerk " • INTRODUCED, READ DN S'ECDND READING, APPROVED AF~D ORDERED PUuLlslt€D BY TITLE ONLY THIS 2Dth day of FEBRUARY, 1979, ~~ ~ATTEST~ /.-~'~ '~' l '"t•1AYOR ~ TOia'!i CLER>: • t0'~0 Of VIII 75 south frontage road nail, Colorado 81657 (303) 476-7000 ~~ VALLI HI FACT SHEET • • Lots C-1 - C-5 Lionsridge Ist Filing Size 10,0$ acres 3 Building Types # Buildinc,~s # l9nits per Building #~ Total Units TYPE A (2 stories) 7 12 84 TYPE B (3 stories) 5 18 90 TYPE C (2 stories) 4 6 24 15 ~ lg$ All units are identical 744 square feet 2 bedroom 1 bath Recreation Building: 2 bedroom, 1100 square foot managers unit two laundry rooms, total 17 washers 17 dryers 437 square foot recreation room with pool, ping-pong and fbosball tables 1150 square feet of storage/office space Parking: Total parking 308 spaces 1.55 spaces per unit Previous Zoning: Residential Cluster Residential Cluster allows b dwelling units per acre Allowable development through zoning; 60 dwelling units GRFA allowable iS 25% of buildable site area .~::~ s i--- r , ~ ~---,~* j .- - --' ~~ q, 4 Q ++..,~ ~ ~ ..-a { ~' ~1"1~' ~QL117C4:.1 ~'~i,°'..'_ ;C::,. ''" i:l~S L.,.,,i. Lltg j%:'GL;:C::;:`!.'_ iae tl1C; ;,1~:~~:ZC:II'ie:li. C7 T.h£: Qi. ~~iC:l.1.~. ~U::?..riG !i!:!1] ~,I'1C! Z'Cz C~.n]..`la Of propcrtic:: ~:`~. thin the Tc~l°r7 of ~'a.rl : 5 prascribec in Title 1~ era t;h~t• ti~~~ii '.;unic.pal Code have iaeen fulfilled, ~,nd the Council hcrrZ~y ,; cceives the report. and recc:nmenclatiar_ ai the Planning and E~t~-ironmen ta.l Ccm.-nissian reccmin~:nding the apnxov~.l e~ the re~oniz~g oS tl7e suu j ect pror~erty . (2) r~ursuant to Section 18.6x.160 of the $ail ~;unicipal Code Lacs Cl through C5, ?•.iUS:ar.tcge r'liing Na. 1, Town of Vail, Colorado, are rezoned fx'or~ Residential Cluster to Speczal Develcpnent District in accordance 4rith ;he terms and conditions of this ordiaance. {3} The following densities, parking require~-ents, use requirements, length of coracnitment, develc~p.:ient standards, ~. and approval px-ocedures, shall be applicable try this property, and the applicant shall enter into an agreement with the Town przor to second reading of this ordznance agreeing to the Leans hereof . Said agreement shall be fiZeci e~f recur c~ in Eagle County. 1 ~... , ~~. ~, ~. Densz~t~,~ - :~ ,::air^,uni nu,~iner c~ ?~8~d«xellin; units ~~ -~ snail be allo~~cd with a maximum gr©ss resider~i:~.n.l fluor area of 1~8,5C0 square lest may be constructed on the parcel. ' B. Parking -There shall be provided no less ~- than 2;x'7 parkirAg spaces f Qr the pra j ect . C. Use. -The use of the 1~8 dr:el~.ing units sha1.1 be restricted as follpws: i. Units shall be used far long-term rentals with a ~,izliaaun lease of thirty days, ii. A11 cccu~~aaits shall be full-time employees .in the Upper Eagle Valley v~hich includes the Gare Valley, ;clinturn, :ted Cliff, Gilman and Eagle/flail. "Full-time einniOg';,.ent" shall be deem¢d to mean e:nplo5ment of mare than 30 hours per week. ~llembers flf tine farnilg* of ar. emplo~~e6 shall be e.eempted from ti~is ~~, ,. ._ requirement . 'i'tl~ UtiTiCt' u.~ ' i,ai~ y1'vf~i°.s' ~J ::all pr~4 1C~E' tU the To::`n of Vail p;3 December 1 aid June 1 of each Subseouer~t } e~,r a li.si of all tcn;znts, i~cludir.b their na.r~~s ar.d places o7 e1-:~~1e~•-n:.-azt. '. ' i iii. A ten da~° period Troia t:~e tune of izaitial ~ 1 occupancy, shall be given in order far arD occupant tee find employnent -~- _ E in the Upper Eagle Va11e5° ~s iequircd herein, f ..-- I , ~. -- ~ .. --~- 1 ~- --, - J ~ iz*. A33 occupants, ~r-ath c~:cepticr, of memf~exs cf the family of an employee ^~vlxo are not ernt~lo;red in the Uppc-r Eagle ~Tal:~ey for a period in excess of Leta days {except ; n the recoani~ed ofi-seasons) ~cili be rewired to terminate theiz~ occupancy. . v. Ali signators oz leases must be occupants of the units. vi. occupation of each unit uhz.ll be limited to a family as defined by Title 18 of the ~'a~.I ~4unicipal Code . _. . - - - - ~ - D. - Len~-th of Com.~~.t:~e*:t ~- The texr.:s of these conditions shall be in effect for a per~.od of twenty years from the date of cc~mpl.etion of the pro-iect. rTo ur~~.t, buJ~ding, or por~ion o~ the project shall be c©ndc~niniurnized during the restriet~.3. twenty year period, - E. ~ppravals ReQUired -The pla!~ning and - Environanental Com.~nissiorz shall reviec~~ az~d recor~•nend to the Town Council a final deve.ie~pment pun in accorda^ce with Sections 18.40.J4g ~.nd l$.~tJ.~5Q of the Vail Tdunicipal Cade. The Town Gour~cil shalt have the final. revipcv of the decfel.opcnent pian after receiving the recor.~r.~endation of the Punning and EnvixcanmeaLal Commission. The Design Review Board shall revien~ each phase off' ` the dereiopment plan przar to the comrnencemen*_ of construction. ._ .. 11 ~ L.. The ap~lic:,T:t :-:1~.~~. o~•,t:iin #rc:cn thc: '1"ca,:~~ ref t'..il, ;i 1'u a. ]. cling Pr•~-,-11 fpr nhasc ? on nr '~e:jorG ~Jun~: 1, I~d,J ,~r,;i sh°a; ~ cr~r.:rncnce const:°tac:t~c~n rT ~ b;~ Jul,• 1, 1~7~. Ii a I~uildin~: ~~t'rrnaL ~.s not ;~cc~uircc? and + CO^.~:~T'l7Ct?C)n 3:~.~ nfl'L CCZi,.^,iLilC`CL~ ~~4 1:~1C ~~iC}~'~-r v'fiC'iL'T!CC'.d C~.^."~,:e~, ~~l!' 1"tl',:i: ~,:U:~:?C:11 i::1't dl re; c:~.: 44°'~.1. ~f71~i ~;>C,._:i°..~, f~:'~'clnj;m^n;. ~ZST.r~C;C zoning small ne returned to the Pl~.nr;i::; ~• Env~.:-onr~erz;~l Corn'nissio:~ and the TQcrn CQUrcil for the.r revie~r. Upon said revie~e, tk~e re- zc~nir. :nay be reversed, re-approved, n.lzered o1- cU~.nged ~.s the Fyannin€; ~ ~ nviranmental Commission and TotTrn Council shah deem. appropriate F. Develo;~ment 5tan~'ards - The iollCwlrb n~i :i:~ura development standards $hal~. he ~ollc^ed: (i) Recuired setaac?:s on the pr©jects shall be a minamua~n of ZQ-feet `~rotn any site line. C ii } The raa::zmusn };ei b ~ L of all buildings ~,, shad be 35 feet. Ciii) ~o more than QS;: oz the total site area shall be covered by buildings. Czv)` .A."mi.nirnurn of 3C of the total site area shall tae landscaped. (v} Recreational ~a.cilities shall be provided, sufficient to meet the needs of the residents of the project including as suggestions: volle;~ba.ll courts, 3a~.sketball court, and a r~aj,or or m±nor arcdde. Ord ~, 19~Z) ' (vi) No i'ixeplaces shah be permitted within any of any of the 1~8 dwelling units. C}ne fireplace ma.y ` ~ be installed in a common recreation or meetinb area. 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HOUSING (H~ DISTRIGT SECTION: 12-fit-1: Purpose 12-fit-2: Permitted Uses 12-fit-3: Conditional Uses 12-fit-a: Accessory Uses 12-fit-5: Setbacks 12-fit-fi: Site Coverage 12-fit-7: Landscaping and Site Development 12-fit-$: Parking and Loading 12-61-9: Location of Business Activity 12-fit-10: Other Development Standards 12-61-11: Development Plan Required 12-61-12: Development Plan Contents 12-61-13: Development Standards/Criteria far Evaluation 12-f1-1: PURPOSE: The Housing District is intended to provide adequate sites for +deed rTC+ri~cd employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zoning districts. It is necessary in this district to provide development standards specifically prescribed far each development proposal or project to achieve the purposes prescribed in Section 12-1-2 of this Title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the District. The Housing District is intended to ensure that employee housing permitted in the District is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. 12-61-2: PERMITTED USES: The following uses shall: be permitted in the H District: Deed restricted employee housing units as further described 'rn Ghapter 12-13 of this Title. Passive outdoor recreation areas, and open space. Pedestrian and bike paths. 12-61-3: CONDITIONAL USES: ~2ra~IjF: The following conditional uses shall be permitted in the H District, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 1 fi of this Title: Commercial uses which are secondary and incidental (as determined by the Planning and Environmental Commission) to the use of c4eed-rcctri employee housing and specifically serving the needs of the residents, and developed in conjunction with vv±ri~ employee housing, in which case the fallowing uses may be allowed subject to a conditional use permit: Banks and financial institutions. Eating and drinking establishments. Health clubs. Personal services, including but not limited ta, Laundromats, beauty and barbershops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the fallowing criteria to be evaluated by the Planning and Environmental Commission: A. Dwelling units are created solely far the purpose of subsidizing employee housing on the property and; B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed 30% of the total GRFA constructed on the property and; C. Dwelling units are only created in conjunction with ~d°~ ~~~+~;^+aa employee housing and; D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. fJutdoor patios Public and private schools and educational institutions, including daycare facilities.. Public buildings and grounds. Public parks. Public utilities installations including transmission lines and appurtenant equipment Type Vl employee housing units, as further regulated by Chapter 12-~3 ~f this Title. 12-6t-4: ACCESSARY USES: The following accessory uses shall be permitted in the H District: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of this Title. Minor arcades Private greenhouses, tool sheds, playhouses, attached garages or carports, swimming pools, or recreation facilities customarily incidental to permitted residential uses. {3ther uses customarily incidental and accessary to permitted or conditional uses, and necessary far the operation thereof. 12-81-5: SETBACKS; The setbacks in this district shall be 20' from the perimeter of the zone district. At the descretion of the Planning and Environmental Commission, variations to the setback standards may be approved during the review of a development plan subject to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. B. Proposed building setbacks will provide adequate availability of light, air and open space. C. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. 2 D. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. Variations to the 20 ft. setback shall not be allowed on property lines adjacent to HR, SFR, R, PS, and RC zoned properties, unless a variance is approved by the Planning and Environmental Commission pursuant to Chapter 17 of this Title. 12-61-fi: SITE COVERAGE: Site coverage shall not exceed fifty-five percent X55%) of the tofal site area. At the discretion of the Planning and Environmental Commission, site coverage may be increased if 75% of the required parking spaces are underground or enclosed, thus reducing the impacts of surface paving provided within a development, and that the minimum landscape area requirement is met. 12-61-7: LANDSCAPING AND SITE DEVELOPMENT: At least thirty percent (30%°) of the fatal site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15'j with a minimum area not less than three hundred (300} square feet. 12-61-$: PARKING AND LOADING Off-street parking shall be provided in accordance with Chapter 10 of this Title. No parking or I©ading area shall be located within any required setback area. At the discretion of the Planning and Environmental Commission, variations to the parking standards outlined in Chapter 10 may be approved during the review of a development plan subject to a Parking Management Plan. The Parking Management Plan shall be approved by the Planning and Environmental Commission and shall provide for a reduction in the parking requirements based an a demonstrated need for fewer parking spaces than Chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, bu# not limited to, rideshare programs, carshare programs, shuttle service, ar staggered work shifts. 12-61-9: LOCATION OF BUSINESS ACTIVITY: A. Limitation; Exception: All conditional uses by 12-61-3 of this Article, shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclased by a conditional use permit and the outdoor display of goods. B. Outdoor Display Areas: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display.. 12-61-10: OTHER DEVELOPMENT STANDARDS: Prescribr:d By Planning and Environmental Commission: In the H District, development standards in each of the following categories shall be as proposed by the applicant, as 3 prescribed by the Planning and Environmental Commission, and as adopted an the approved developrent plan: A. Lot area and site dimensions. B. Building height. C. Density control (including gross residential floor area). 12-fit-11: DEVELOPMENT PLAN REQUIRED: A. Compatibility With Intent; To ensure the unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development in the Mousing District will meet the intent of the District, a development plan shall be required. B. Plan Process And Procedures: The proposed development plan shall be in accordance with Section 12-61-12 of this Article and shall be submitted by the developer to the Administrator, who shall refer it to the Planning and Environmental Commission, which shall consider the plan at a regularly scheduled meeting. C. Hearing: The public hearing before the Pianning and Environmental Commission shall be held in accordance with Section 12-3-6 of this Title. The Planning and Environmental Commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Planning and Environmental Commission may be appealed to the Town Council in accordance with Section 12-3-3 of this Title. D. Plan As Guide: The approved development plan shall be used as the principal guide for all development within the Housing District. E. Amendment Process: Amendments to the approved development plan will be considered in accordance with the provisions of Section 12-9A-10 of this Title. F. Design Review Board Approval Required: The development plan and any subsequent amendments thereto shall require the approval of the Design Review Board in accordance with the applicable provisions of Chapter 11 of this Title prior to the commencement of site preparation. 12-61-12: QEVEL4PMENT PLAN CONTENTS: A. Submit With Application: The following information and materials shall be submitted with an application for a proposed development plan. Certain submittal requirements may be waived or modified by the Administrator if it is demonstrated that the material to be waived or modified is not applicable to the review criteria, or that other practical solutions have been reached. 1. Application form and filing fee. 2. A written statement describing the project including information on the nature of the development proposed, proposed uses, and phasing plans. 3. A survey stamped by a licensed surveyor indicating existing conditions of the property to be included in the development plan, including the location of 4 improvements, existing contours, natural features, existing vegetation, watercourses, and perimeter property lines of the parcel. 4. A title report, including Schedules A and. B4. 5. Plans depicting existing conditions of the parcel {site plan, floor plans, elevations, etc.}, if applicable. 6. A complete zoning analysis of the existing and proposed development including a square footage analysis of a!I proposed uses, parking spaces, etc. 7. A site plan at a scale not smaller than one inch equals twenty feet {1 "' = 2a'}, showing the location and dimensions of all existing and proposed buildings and structures, all principal site development features, vehicular and pedestrian circulation systems and proposed contours and drainage plans.. 8. Building elevations, sections and floor plans at a scale not smaller than one- eighth inch equals one foot (118" ~ 1 "}, in sufficient detail to determine floor area, circulation, location of uses and scale and appearance of the proposed development. ~. A vicinity plan showing existing and proposed improvements in relation to all adjacent properties at a scale not smaller than one inch equals fifty feet {1" 50'}. 10. Photo overlays and/or other acceptable visual techniques for demonstrating the visual impact of the proposed development on public and private property in the vicinity of the proposed development plan. 11. An architectural or massing model at a scale sufficient to depict the proposed development in relationship to existing development on the site and on adjacent parcels. 12. A landscape plan at a scale not smaller than one inch equals twenty feet {1" = 20'}, showing existing landscape features to be retained and removed, proposed landscaping and other site development features such as recreation facilities, paths and trails, plazas, walkways and water features. 13. An environmental impact report in accordance with Chapter 12 of this Title unless waived by Section 12-12-3 of this Title. 14, Any additional information or material as deemed necessary by Administrator. B. Copies Required; Model: With the exception of the model, four {4) complete copies of the above information shall be submitted at the time of the application. When a model is required, it shall be submitted a minimum of two {2) weeks prior to the first formal review of the Planning and Environmental Commission. At the discretion of the Administrator, reduced copies in eight and one-half inches by eleven inches {8 1/2" x 11 "} format of all of the above information and additional copies for distribution to the Planning and Environmental Commission, Design Review Board and Town Council may be required. 12-61-13; DEVELOPMENT STANDARDS/CRITERIA FOa EVALUATION: The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria: A. Building design with respect to architecture, character, scale, massing and arleniation is compatible with the site, adjacent properties and the surrounding neighborhood. 5 B. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. C, Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. D. A pedestrian and vehicular circulation system designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. E, Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented. as a part of the proposed development plan. F. Compliance with the Vail Comprehensive Plan and other applicable plans, B. Amendments to the definition of Employee Housing Unit i In addition to the above changes., staff believes that it is necessary to amend the definition of "employee housing unit." This wilt allow for the changes indicated above, and to delete redundant regulations which are duplicated in the Section 12-13 of the Town Code.. The amendment is proposed as follows {text to be added is indicated in bald. Text to be deleted is indicated in ~eag#.} EMPLOYEE HOUSING UNIT {EHU): A dwelling unit which shall not be leased or rented for any period less than thirty {30} consecutive days, and shall be occupied rued #e by at least one person who is an full t:r~e fees employee. S-~hcil "e cll~-4ch,~~ ~^^~ ~';~}~;^+~- ttc ~~ fnr+h_ in +hic +;+I~ ^a~vrmcnt r`i~nda~::, fwr C!-Ij'r' .^.hCl!-~C S~ e~ ~n c~`~~ICt~~3-~` thic 4tle--For the purposes of this definition; „a "FE ~u"employee shat! mean a person who works a minimum of an average ofi thirty {30) hours per week on a year round basis in Eagle County Colorado. ~hcll ~C f.{° ~~~ ^~+°^^~i8c .f ~~-"'e~ ~~t nn I ~],, , l l"~ II, T+I, T\.r^.r. ~~~ nn1"~ Tt l+1 ~ \~. 1 ~~i's'i~!~n rr-rJ'T n~~ +~ .~~~h~ {'f~ €-1~1,' cry set--forth~ch~r'.-~#+sP #a#le: C. Amendments to Chapter 13, Employee Housing In addition to the changes above, there are same additional requirements which must be added to Chapter t 2-13 of the Town Cade to allow for Type 1!I employee housing units, The following changes are proposed; 12-13-3: General Requirements -Type VI Employee Housing Units: 6 G. Far the purposes of this Title, a Type VI employee housing unit. is an employee housing unit which shelf 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 employee housing unit. 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 employee housing unit in accordance with the provisions of Chapter i6 of this Title. H. Management Plan - f~equired Contents 1. The management plan shall contain all relevant material and information necessary to establish the parameters of the Type VI employee housing unit. 2. The management plan shall demonstrate that Type Vl employee housing units are exclusively used for and remain available for employee housing, as defined in this Title. 3. The management plan shall provide a mechanism to provide adequate native of record to prospective owners to ensure that the requirements of the plan shall be met with any future changes in ownership. 4. The management plan shall include adequate provisions to ensure that the employee housing units shall be occupied, and shall not remain vacant for a period to exceed five (5) consecutive months, 5. The managemen# plan shall provide provisions to maintain the affordability of the units. Affordability shall be defined. by the management plan. 6. Iva later than February i of each year, the owner of a Type 01'I employee housing unit shall submit 2 copies of a sworn affidavit to be obtained from the Department of Community Development, to the Department of Community Development setting forth evidence establishing that the employee housing unit has been used in compliance with the management plan. 7. Such other items as the Planning and Environmental Commission or the Administrator may deem necessary to the proposed management plan. 1. Management Plan -Findings: i. In addition to the findings in Section 12-i6-613 of this Title, the Planning and Environmental Commission shall make the following findings before approving the managemenf plan: a. That the management plan is in accordance with the intent and purposes of Chapter 12-i3 and Chapter 12- 61 of this Title.. b. That the management plan effectively provides for the provision of employee housing as defined in Section 12-2-2 of this Title. c. That the management plan effectively provides for adequate notice to prospective owners of the 7 requirements of the management pian and the occupancy requirements for a Type VI employee housing unit. • • d' ~M 4 V .~ ~ +°- o ~ ~ ._ ~ ~ ~om~ 4Y .... 61 m! d ~ ~ _ (~ O Qvs~~.~adtJ_ ~ ~ ~ m m y ~ ~ o ~CC~ w ~ ~ c Q,~ ~ 'Em~o '~ j C ~ ~- rm.. w C ~} g E~ a~~v.s~auj ~aU 05 N C '~ ill ~ ~ C d .C ~~ C C y ~~oa+~~~~.~•}~aE a a~°~ ° ~'~ ~w wU o . ~ a .r v .. ~ ~ ~ = o a~ m ~ m ~ cr ~ ~ « ~ '~ E ~ C 3U m oC OC v ,~~aw taU m c~ ~ 7 'O L7 N Q 0 U LaL y c~ Q y m U ~ C s - ~_ ~ ~ o 4 ~~~y}}''h' W O ,` i V C ~~ T C ~ m 6] r°~O~ z w m ~_ ~ T C i0 ~~ r C N B W y O N m Q C LI! ~ RA 01fC m•- C C. N U ~ C~ L ~} _ 4 ~ Q G w •~ U ~ u1 'G OL W („) .o ~ c 'Q A d N t C ~ £ y Q ~ m C _~ LL aU +'_. C '7 D C'J.C?'C~n-w_ 7-• C ~ ~ L Q~ 0 LA ~ C ~ C1 R1 Q~~ T C ~ ~ 4 ~ O m ~ ~ O N w m`c__ °1 aw r f51 Q ~ ~ ~ ~ C (> .~ Q 2 a~ sZ H m• r .d Planning and Environmental Carnmissian t ~~ A~, ~ iaN FARM ~~ ~~L..~ ~~ ~~ Department of community Development ~~~ ~~ ~,_~ ~~ ,, t 75 South Front~e Road, Vail, Colorado 81657 te1:970.479.2139 Fax:97U.479,2452 web: www.ci.vail.caus Project Name: Weiss Subdivision PEC Number: PEC010044 Project Description: Consolidation of Lots 11 & 12, Bighorn Subdivision Ind Addition, elimination of shared property line Participants: QWNER Gary Weiss {]6/07/2001 Phone: 321-773-4669 1051 Part Malabar 6 Palm Bay, FL 32905 License: APPLICANT Steven ]ames Riden Architect0$/07/2001 Phone: 949-4121 Box 3238 Vail, Co 816sa License: Project Address: 3838 BRIDGE RD VAIL Location: Lots 11 & 12 Legal Description: Lot: 12 Block: Subdivisian: BIGHORN 2ND ADDITION Parce! Number: 210111101011 Comments: BOARDJSTAFF ACTION Motion By: Brian Doyan Action: APPROVED Second By: Dick Cleveland Vote: 6-D Date of Approvail: 09/14/2001 Conditions: Cond: 8 (PLAN); No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: CaN0004996 That the minor subdivision shall only be valid if the variance from section 1~-6D-5 is also approved. Cond: CON0004997 The the applicant shall, in accordance. with the Town's subdivision regulations, revise the plat prior to recording to indicate the tool buildabl Bare on the proposed lot, to delineate the buildable area on the proposed lot, and to indicate the locations of all applicable hazards. Cond: CON0004998 That the applicant shall revise the plat prior to recording to designate a building envelope ~n order to lima future construction to the buildable area of the site. r r J Cond:: C©N0004999 That the appiieant shall have the existing trash facility located in the Tawn"s right-of-way removed prior to the recording of the plat, Cond: CON0005000 That the following notes shall be added to the plat: The total allowable grass residential floor area permitted on dot 12 shall be based on a site area of 64,033 square feet which is one half of the total site area of Lot 12. Gross residential floor area shall be calculated pursuant to Title 12, Chapter 15 of the Vail Town Cade, which may be amended from time to time. Planner: Ann Kjerulf PEC Fee Paid: $250.OQ • • _ ~ ~, ' ''`r ~ Plannin and Envirvnmental Cvmmissivn ~ r , ~ ~.~' i ~`` ~ ACTION FO~tM 4 " ~ s ~i Department of Cammunlty Devel©pment ^~ ~ ` ' ` ~ 75 South Frontage Road, Vail, Colorado 81657 i~l~ ~ ~'t'~~~ ~~'" tel: 970.479.2139 fax: 970.479.2452 web: www.ci.vail.co.us Project Name: Weiss Variance PEC Number: PECQ10053 Project Description: Variance from section 12-6D-5; required for minor subdivision request. Participants: APPLICANT Steven James Riden Architectp7/1b/2001 Phone: 949-4121 Box 323$ Vail, Co 81b58 License: OWNER Gary Weiss 09/14/2001 Phone: 1()51 Part Malabar b Palm Bay, FL 32905 License: Project Address: 3834 BRIDGE RD VAIL Loeation: Lot 12 Legal Description: Lot: 12 Block: Sabdivsion: BIGHORN 2ND ADDITION Parcel Number: 210111101011 210111101Q10 Comments: Motion By: Brian Doyon Second By: Dick Cleveland Vote; 6-0 BOARDJSTAFF ACTION Action: APPROVED Date of Approval: 09/14/2001 Conditions: Planner; Ann Kjerulf PEC Fee Raid: $250.00 • Approved 924/0'f PLANNING AND ENVIRONMENTAL GOMMISSI©N • PUBLIC MEETING MINUTES Monday, September 10, 2Q01 Pf~OJECT ORIENTATI©N / -Community Development Dept. PUBLIC WELCOME MEMBERS PRESENT Dick Cleveland Chas Bernhardt Galen Aasland Diane Golden John Schofield Site Visits : 1. Alpine Amoco - 28 S. Frontage Road 2. Mountain Bell - 150 N. Frontage Road 3. Timber Ridge - 1280 N. Frontage Road West Driver: Brent 12:00 pm 1:00 pm ~~ NOTE: If the PEG hearing extends until 5:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearing -Town Council Chambers Z:00 pm A request for a variance from Section 12-6D-6, Vail Town Code, to allow for an addition within required setbacks, located at 5122 Grouse Lane !Lot 7, Block 1, Gore Creek Subdivision. Applicant; John Kuchar, represented by David Irwin Planner: Allison Ochs Allison Ochs gave an overview of the applicant's request, the criteria for review of a variance request, recent developments in the propose! as a result of the PEG's direction an August 27'h, and staff's recommendation of approval an the project including conditions. There was no public comment on this item. John Schofield started the request was similar to previously approved variance requests and that the criteria had been addressed, including an effort to minimize the deviation. Diane Gulden stated she still thought parking could be provided at the lower portion of the property but that the variance was approvable. Dick Cleveland and Chas Bemhardt had no further comments. Galen Aasland stated the area adjacent to the parking needed additional landscaping. John Schofield moved to approve the request, i~n accordance with the staff memorandum. 13 TaA~~V QF YAIL MEMBf=RS ABSENT Brian Doyon Daug Cahill Approved 924101 mane Golden seconded. The motion carried 5-0. 2. A reques# for a text amendment to the Public Accommodation zone district to allow far the addition of automotive service stations (with accessory "convenience" retail) as a conditional use; a request for a rezoning from "Heavy Service" to '"Public Accommodation" zone district; a request for the establishment of a special development district; a request far a conditional use permit to allow for the operation of an automotive service station (with accessory "convenience" retail}; a request for a conditional use permit to allow far the construction of a frac#ional fee unit club; and a request for a conditionai use permit to allow for the construction of Type 111 employee housing units, located at 28 S. Frontage Road f Lot A, Vail Village Second Filing. Applicant: Alpine Ventures, represented by Fritzlen Pierce Architects Planner: Brent Wilson Brent Wilson presented an overview of the staff memorandum, including the change from an amendment to the PA Zane District to an amendment to the HS zone district, since the application was originally received. He stated that the request today is for a worksession and that the PEC will be taking no action on the application today, but to provide input and guidance to the staff and applicant. Bill Pierce, representing Alpine Ventures, identified himself as the applicant on the project and requested to pull up a table, roll out the plans, and go aver their ideas far the redevelopment of the Alpine Standard. He then presented an overview of the proposal. Galen Aasland asked about the allowable uses on the site. Bill Pierce responded that the uses in HS would ail be conditional uses. Galen Aasland asked about the location of the parking in the right-of-way, adjacent to the roundabout. BiA Pierce clarified the location and elevation of the parking. John Schofield asked about the turning radii for the fuel trucks to enter the gas station, Diane Golden asked about the fueling of the service stations. Jeff Mollentine clarified that the fueling takes approximately 20 to 30 minutes. Jahn Schofield asked about the height of the first floor plate. Bill Pierce staled that he envisioned approximately 16.5 ft. to the first floor piste. John Schofield stated his concern regarding the setbacks and the distance of structure to the property line. Dick Cleveland asked about the current access into the Vail Plaza Hotel West and the effect on that property. Bill Pierce clarified the width requirements for the two-way access. Jim Lamont, Vail Village Homeowners, asked far further clarification. John Schofield asked about the site coverage proposed. Gwen Scapello, 9 Vail Road, asked about lowering the access road. 2 Approved 924101 Bill Pierce stated that the road will be lowered to improve the access to the Vail Plaza Hotel. Gwen Scapello shared her concerns regarding the access to the 9 Vail Road parking places. Bill Pierce stated that he believed the changes would actually improve the parking for 9 Vail Road. Gwen Scapello asked about the setbacks an the si#e. Bill Pierce stated that they would. come within 1 fl ft. of the property line. Gwen Scapello stated her concem with the setbacks and the proposed height of the building. Jim Lamont requested information regarding the Gateway development. Brent Wilson clarified the heights of adjacent buildings. Jim Lamont asked about the circulation plan for this area. Brent Wilson stated that the engineers will be studying this area in particular. Jim Lamont asked if a special consultant will be hired to look at the design of the building. Brent Wilson stated that he believed this is taa preliminary to discuss this. Bill Pierce discussed the uses of the site and the procedure for their applications. Brent Wilson discussed the equivalency requirements of FFUs and AUs that currently exist in the code. Galen Aasland asked the applicant for clarification of the use of the fraction fee club units. Bill Pierce stated they would be similar to the Sonnenalp's FFUs. Jeff Molientine stated that they would have a lobby for the owners of the FFUs, which would be particular to the residential units. Jim Lamont inquired about adding residential uses to the Heavy Service and how that would impact the other b sites zoned HS. Dick Cleveland: Pursue criteria for integrating residential into the Heavy Service district. He expressed his concem for the FFUs and felt that there needed to be a split between AUs and FFUs and he felt that needed to be addressed by the applicant. He also stated that he didn't see the value of condominium units and didn't think that that use should be pursued. He also stated his eoncems regarding the bulk and mass and stated that he is opposed to 78 ft. of height. He stated that the height and bulk are inappropriate far this location. He also expressed concerns about the circulation, but stated that the engineer's recommendation would clarify. He also stated that he had concerns about the proposed' setbacks. Chas Bernhardt stated his concems regarding the ingressfegress of the access easement. Bill Pierce stated that the Vail Plaza Hotel West would still use the access easement as a one way, but that this proposal would only have traffic for 18 units. Chas Bernhardt stated that the access should be further explored. He stated that 7$ ft. is way too high and inappropriate for the site. He further stated that because this site is so much smaller than adjacent properties, the bulk and mass cannot be spread out. He liked the idea of a mixed use project, but stated that it needed further investigation. He stated his concern about the FFUs and AU5 mIX. John Schofield stated that he believed the applicant was trying to mix too much onto a small site. Specifically, he stated that the staff should further investigate residential uses mixing with industrial Approved 9/24/01 uses for all HS zoned properties. He liked the concept of mixing uses, but reiterated his concern about the size of the property. He then stated that the height is excessive for such a small site. He stated that he believed that the Gateway pushed the height limit, bui this site is even smaller, and 78 ft. is not appropriate this property. He further stated his concern regarding a possible spot zoning. He also stated that he felt the setbacks are being pushed too hard. He then fur#her stated his concern about the easement and a co-signature of the other owner. Diane Golden stated that she appreciated the applicant°s attempt at maintaining a gas station. She stated that she was supportive of residential uses. She stated that the building was too tall. She stated her concern regarding the traffic flow and parking situation. Galen Aasland stated that he appreciated the applicant coming in. He stated that by looking at the HS Zane district, we need to look at all the HS parcels in Town. He did not believe that the staff should consider the PA Zane District. He also stated that he felt like there were a lot of uses crammed onto this small site. He liked the gas station and the mix of uses. He felt that the bulk and mass were excessive. He will not vote for 78 ft of height. He felt that the applicant should consider the setbacks again. Bill Pierce asked about the use of the site and whether or not condominiums would be acceptable, or if fractional fee club units would be more acceptable. Brent Wilson clarified the Vail Land Use Plan and the designation on the site. Russell Forrest asked the PEG to determine what use is appropriate on HS zoned sites. Brent Wilson clarified the process for reviewing this application.. He stated the applicant should propose the uses to be added and the Town would evaluate those uses for compatibility within the district as a whole. 3. A requesi for a major subdivision, a request to amend the Vail Land Use Plan to change the designation from °'Open Space" to "High Density Residential", and a request for a rezoning from "Natural Area Preservation District" to "Housing Zane District" to allow for the development of employee housing at the si#e known as Mountain Bell, located on an unplatted piece of property at 160 North Frontage Road. A complete metes and bounds legal description is available at the Departmen# of Community Development. Applicant. Town of Vail Housing Authority, represented by Odel[ Architects Planner- Allison Ochs Allison Ochs provided an orientation of the proposal and requested feedback from the PEC~on the subdivision and rezoning issues. Chas Bernhardt slated he thought the town should be more flexible with allowing construction on 40% slopes and that the Town should construct amulti-use parking structure on the site. Otis Odell spoke on behalf of the Vail Housing Authority. He discussed many of the preliminary architectural concepts for the project. He discussed the concept of the Village atmosphere intended for the site. He stated pedestrian circulation both throughout the site and to adjacent areas of Town was considered a priority and that the project would be transit-oriented. Otis requested feedback on the issues within the PEG's purview- Jim Lamont spoke on behalf of the Vail Village Homeowners' Association. He stated they'd like to see the parking directly accessible from the Frontage Road and that a sizeable parking structure be constructed to support other uses in Vail Village. He said the parking structure should be placed at the Frontage Raad and given a larger footprint. He said they advocated more free market units so there would be more flexibility in the design. He said the east-west alignment along the Frontage Road was becoming monotonous. He recommended the bel{ tower be placed at the center of the Village with units radiating from the "Village Center:' and said an east-west "strip" development should be avoided. 4 Approved 9f24f61 Chuck Ogilby spoke as a member of the Vail Housing Authority. He reiterated the Town Council's goal to get the project LEEDS certified for environmen#al considerations, including reduced heating needs. Chuck stated this was an important considers#ion in the overall design of the project. Otis Odell stated the team was working with an energy conservation consultant and that "flow through" ventilation was a major consideration in the design. Mark Risto also spoke as a member of the Vail Housing Authority. Mark explained the rationale behind the mix of unit types and the market studies used to determine appropriate unit demand. Mark also explained the configuration of the unit types. Nina Timm spoke regarding the income cap limitations for rentals and the affordability of the units. Nina also discussed the Land lease proposed for the project and the priority ranking system for tenants. Allison Ochs explained that all of the units would be ""employee housing units." Sally Jackle spoke on behalf of the housing authority. She stated she thought Coughlin and Company (the developer) best addressed the criteria established by the Town Council during the RFP process for the project. John Schofield stated he had no problems with the application and. procedural issues. He stated the native for the praposa1 should delineate both the housing area and the open space to remain. John stated he though the design looked like "Timber Ridge East." He said anorth-south orientation might be better for energy conversation purposes. He said structured parking should be a priority. Diane Golden stated she agreed with Chas's parking structure idea. She inquired abouf pedestrian access into Vail Village. Otis Odell provided the proposed pedestrian access rou#es far the project. Dick Cleveland said he also had issues with the linear layout of the property and also said it looks like "Timber Ridge East." He said the design should eliminate excessive shadow areas in the winter. He said parking should be incorporated closer to the units. He said the number of parking spaces should address actual needs and that most tenants wilt definitely have cars. He said plenty of parking should be provided. He said there should be an adequate buffer between the school and the housing. He said ease of long-term maintenance should be a major consideration. Dick stated the native vegetation should be maintained to the greatest extent possible. Galen Aasland the site should be developed as an upside down "T". He also stated concerns about pedestrian access to Vail Village and recommended prevention of pedestrian access across I-70 towards Lionshead. 4. A request for a rezoning from "Special Development District No. 10" to "Housing Zone District" located at Timber Ridge Village, 1280 N. Frontage Rd. West f Lats C-1 through C-b, Lionsridge Filing No. 1. Applicant: Town of Vail Planner: Allison Ochs TABLEa UNTIL SEPTEMBER. 24, 2U01 5. A request for a final review and a recommendation to the Vail Town Council on proposed revisions to Title 14 ("Development Standards"), Vail Town Code, regarding the use of building materials within the Town of Vail, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson Bill Gibson presented an overview of the proposed text amendments to Title 14, Development Approved 9124/01 Standards. He presented the specific text to be added to the Vail Town Code. y John Schofield inquired about the use of simulated stone or brick. There was no public comment. Dick Cleveland said he had no problem with the changes. John Schofield stated that the flexibility with the new types of materials is beneficial. He also stated that the staff should continue to provide info to applicants abou# types of materials that are approvable. Diane Golden had no comments and complimented Bill on his work. Galen Aasland stated he was agreeable to the changes, but said he significant concerns about the use of natural stave with a thin appearance similar to simulated stone. John Schofield moved to recommend approval of the amendments to the Vail Town Council with the minor change discussed on page 3. Diane Galden seconded- The motion carried 4-0. 6. A request for a final review and a recommendation to the Vail Town Council on the Town of Vail's proposed amendment to the Town of Vail Streetscape Master Plan, located at EastJWest Meadow Drive, Vail Village. Applicant: Town of Vail Planner: George Ruther TABLED UNTfI_ OCTf7BER $, 2001 7. A request for a conditional use permit to a11ow for the construction of a shed at the rear of the schoolhouse located at 54a Vail Valley DrivelPart of Tract A, Vail Village 7t'' Filing. Applicant: Vail Alpine Garden Foundation, represented by Ry Southard Planner: Ann Kjeruif WITHDRAWN 8. Approval of August 27, 200'f minutes Diane Golden moved to approve the minutes. Dick Cleveland seconded. The motion carried 8-0, with Schoflield abstaining, 9. Information Update b