HomeMy WebLinkAbout2008-0310 PECPLANNING AND ENVIRONMENTAL COMMISSION
MEMBERS PRESENT MEMBERS ABSENT
March 10, 2008
1:OOpm
~ TOWN COUNCIL CHAMBERS /PUBLIC WELCOME
l~~l~~i~ ~ 75 S. Frontage Road -Vail, Colorado, 81657
Site Visits:
1. Adair Residence - 3035 Booth Falls Road
Driver: Bill
Please note: Times of items are approximate and subject to change.
30 minutes
1. A request for a final review of variance from Section 12-6C-5, Setbacks, and Section 12-6C-11,
Parking, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a front and side
setback encroachment and to reduce the required on site parking to facilitate construction of an
addition, located at 3035 Booth Falls Road/Lot 12, Block 1, Vail Village 13t" Filing, and setting
forth details in regard thereto. (PEC080002)
Applicant: John and Katherine Adair, represented by Pure Design Studio
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
CONDITION(S):
45 minutes
2. A request for a final review of a development plan, pursuant to Section 12-61-11, Development
Plan Required, and Section 12-61-3, Conditional Uses, Vail Town Code, to allow for a
redevelopment of Solar Vail into a mixed use development to include Type VI employee housing
units, professional offices, subterranean parking, and public utilities installations including
transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 8,
Block 2, Vail Potato Patch, and setting forth details in regard thereto. (PEC070052)
Applicant: Sonnenalp Properties, Inc., represented by Gwathmey Pratt Schultz Lindall
Architects, P.C.
Planner: Scot Hunn
ACTION:
MOTION: SECOND: VOTE:
CONDITION(S):
60 minutes
3. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7,
Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-23,
Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards
and criteria related to mitigating employee housing requirements, and setting forth details in
regard thereto. (PEC070075)
Applicant: Town of Vail
Staff/Planner: Nina Timm and Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
CONDITION(S):
Page 1
30 minutes
4. A request for a final recommendation to the Vail Town Council, for a prescribed regulation
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Chapter 12-3,
Administration and Enforcement, Vail Town Code, to establish procedures for approving public
art in private development, and setting forth details in regard thereto. (PEC080004)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION:
MOTION: SECOND: VOTE:
CONDITION(S):
5 minutes
5. A request for final review of a major exterior alteration, pursuant to Section 12-7B-7, Exterior
Alterations or Modifications, a request for a conditional use permit pursuant to Section 12-7B-5,
Permitted and Conditional Uses; Above Second Floor, a request for variances from Section 12-
76-15, Site Coverage, and Section 12-7B-16, Landscaping and Site Development, pursuant to
Chapter 12-17, Variances, and a request for amendments to an adopted view corridor pursuant
to Section 12-22-5, Amendments, and Section 12-22-6, Encroachments into Existing View
Corridors, Vail Town Code, to allow for the re-development of the Clock Tower Building (Gorsuch
Ltd. Building) to include three floors of above grade structure, a new clock tower, and an eating
and drinking establishment above the second floor, located at 263 East Gore Creek Drive/Lots D
and E, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC070025)
Applicant: Gorsuch Ltd. and John P. McBride, represented by Resort Design Associates
Planners: Warren Campbell/Scot Hunn
ACTION: Table to March 24, 2008
MOTION: SECOND: VOTE:
6. Approval of February 25, 2008 minutes
MOTION: SECOND: VOTE:
7. Information Update
8. Adjournment
MOTION: SECOND: VOTE:
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 for additional
information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published March 7, 2008, in the Vail Daily.
Page 2
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: March 10, 2008
SUBJECT: A request for a final review of variance from Section 12-6C-5, Setbacks, and
Section 12-6C-11, Parking, Vail Town Code, pursuant to Chapter 12-17,
Variances, to allow for a front and side setback encroachment to facilitate
construction of an addition, located at 3035 Booth Falls Road/Lot 12, Block 1,
Vail Village 13t" Filing, and setting forth details in regard thereto. (PEC080002)
Applicant: John and Katherine Adair, represented by Pure Design Studio
Planner: Bill Gibson
I. SUMMARY
The Applicants, John and Katherine Adair, represented by Pure Design Studio, are
requesting a final review of a variance from Section 12-6C-5, Setbacks, and Section 12-
6C-11, Parking, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a
front and side setback encroachment to facilitate construction of an addition, located at
3035 Booth Falls Road/Lot 12, Block 1, Vail Village 13t" Filing, and setting forth details in
regard thereto.
Based upon Staff's review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends denial of this application, subject to the findings noted in Section VIII of
this memorandum.
II. DESCRIPTION OF REQUEST
The Applicants, John and Katherine Adair, represented by Pure Design Studio, are
requesting a variance to allow for a front and side setback encroachment and to facilitate
construction of an addition, located at 3035 Booth Falls Road. The subject site is located
at the north end of Booth Falls Road adjacent to the Booth Falls trailhead. The western
half of the subject site is encumbered by significant wetlands, a debris flow hazard area,
and existing utility easements. Previous owners of this property have obtained setback
variances for the existing residence on three separate occasions.
This proposed renovation will first involve demolition of the existing 577 sq.ft. two-car
garage located on the north side of the existing residence. Approximately 150 sq.ft. of
this existing garage (26%) is located within the side and front setbacks. The front
setback encroachment is only about approximately 1'/2 feet in length at the northeast
corner of the garage.
The applicant is proposing to construct a new 600 sq.ft. garage 14 feet into the required
20 foot front setback (i.e. within 6 feet of the property line).
To the rear (i.e. west) of this new garage the applicant is proposing to construct a mud
room and stair to a proposed addition on the second floor. Still on the first floor, behind
(i.e. west) the new garage, mud room, and stair; the applicant is proposing to construct a
776 sq.ft. master bedroom addition. This new master bedroom addition will extend
approximately 28 feet west of the existing garage, span over an existing stream, and be
supported by three columns located on an island within a wetlands area. Above the new
garage, the applicant is proposing asecond-story "bonus room" with an associated
bathroom and storage closet.
A vicinity map (Attachment A), the applicant's request (Attachment B), and the proposed
architectural plans (Attachment C) are attached for reference.
III. BACKGROUND
The subject property was annexed into the Town of Vail August of 1972, and subdivided
with Town of Vail approval in November of 1972. Construction of the existing single-
family residence was completed in April 13, 1976.
The Planning and Environmental Commission reviewed and approved a north setback
variance for the construction of the existing garage on September 9, 1976 due to "Town
of Vail water filter backwash pond which creates streams on the rear two-thirds of the
lot."
The Planning and Environmental Commission reviewed and approved a north setback
variance for the construction of a greenhouse addition on April 20, 1979. Staff noted
that that the proposed greenhouse would not have "any impact to neighbor", but
recommended denial of the request based upon a grant of special privilege since the
house was 30 feet from the north property line.
The Planning and Environmental Commission reviewed and approved a front setback
variance for the construction of a front entry and a connection to existing garage at its
March 23, 1998 hearing due to the "extensive wetlands including a pond which provides
flood storage, a number of drainage swales and utility easements."
The applicant remodeled the existing kitchen located at the center rear of the building in
March 2004 (no variance was required).
IV. APPLICABLE PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Town Code are relevant to the
review of this proposal:
TITLE 12: ZONING REGULATIONS
Article 12-6C: Two-Family Residential District (in part)
12-6C-1: PURPOSE:
The two-family residential district is intended to provide sites for low density
single-family ortwo-family residential uses, together with such public facilities as
may be appropriately located in the same zone district. The two-family residential
district is intended to ensure adequate light, air, privacy and open space for each
2
dwelling, commensurate with single-family and two-family occupancy, and to
maintain the desirable residential qualities of such sites by establishing
appropriate site development standards.
12-6D-6: Setbacks
In the R district, the minimum front setback shall be twenty feet (20'), the
minimum side setback shall be fifteen feet (15'), and the minimum rear
setback shall be fifteen feet (15').
Chapter 12-17: Variances (in part)
12-17-1: Purpose:
A. Reasons for Seeking Variance: In order to prevent or to lessen such practical
difficulties and unnecessary physical hardships inconsistent with the objectives of
this title as would result from strict or literal interpretation and enforcement,
variances from certain regulations may be granted. A practical difficulty or
unnecessary physical hardship may result from the size, shape, or dimensions of
a site or the location of existing structures thereon; from topographic or physical
conditions on the site or in the immediate vicinity, or from other physical
limitations, street locations or conditions in the immediate vicinity. Cost or
inconvenience to the applicant of strict or literal compliance with a regulation
shall not be a reason for granting a variance.
V. SITE ANALYSIS
Address:
Legal Description:
Zoning:
Land Use Plan Designation
Current Land Use:
Lot Size:
Hazards:
3035 Booth Falls Road
Lot 12, Block 1, Vail Village 13t" Filing
Two-Family Residential District
Low Density Residential
Single-Family Residence
19,040 sq. ft. (0.437acres)
Medium Hazard Debris Flow**
Standard Allowed/Required Existin Proposed
Setbacks (min):
Front (East): 20 ft. 17 ft.* 8 ft.
Side (North): 15 ft. 9 ft.* 4 ft.
Side (South): 15 ft. 8 ft.* no change
Rear (West): 15 ft. 85 ft. 57 ft.
GRFA (max): 7,025 sq. ft. 3,745 sq. ft. 5,493 sq. ft.
Site coverage (max.): 3,808 sq. ft. (20%) 2,475 sq. ft. (13%) 3,647 sq. ft. (19%)
Landscape (min.): 11,424 sq. ft. (60%) 15,720 sq. ft. (83%) 14,380 sq. ft. (76%)
Parking 4
4+ (2 enclosed) 4 (2 enclosed)
*existing setback encroachments were approved by previous setback variances
**reclassified from High Severity to Medium Severity Debris Flow on July 19, 1998
VI. SURROUNDING LAND USES AND ZONING
Existing Use Zoning
North: National Forest N/A (US Forest Service)
South: Residential Two-Family Primary/Secondary Residential
District
East: Multiple-Family Low Density Multiple-Family Residential
District
West: Open Space Natural Area Preservation District
VII. REVIEW CRITERIA
The review criteria for a request of this nature are established by Chapter 12-16, Vail
Town Code.
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
This proposal furthers the maximum encroachment of the structure into the north side
setback from 6 feet (approved by a previous variance) to 11 feet of the minimum 15 foot
setback. This proposal will add new building encroachments into the setback for a
distance of approximately 50 feet along the north property line. Although US Forest
Service property and an Eagle River Water and Sanitation District facility are located
directly north of the subject property, Staff believes this proposal will increase the impact
of this residence on the existing or potential uses to the north compared to existing
conditions.
The far northeast corner of the existing one-story garage encroaches approximately 1'/2
feet into the front setback as approved by another previous variance. This proposal
involves the construction of a new garage that will encroach 12 feet (14 feet including
support columns) into the minimum 20 foot front setback. Therefore, Staff believes this
proposal will increase the impact of this residence on the existing or potential uses and
roadway to the east of the subject site compared to existing conditions.
The nearest adjacent residence is located to the south of the subject site. Since the
proposed additions are located on the northern portion of the subject site, Staff does not
believe this proposal will have a significant on the southern neighbor in comparison to
existing conditions.
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 to attain the objectives of
this title without a grant of special privilege.
Staff believes the existing wetlands, streams, and utility easements create unique
physical hardships on the western portions of the subject site. Approximately 10,550
sq.ft. (55%) of the lot is impacted by these unique constraints. Another 4,065 sq.ft.
(21 %) of the lot is encumbered by setbacks, leaving 77% of the site unbuildable without
encroachment into the wetland areas or the minimum building setbacks.
4
Again, Staff believes there are unique physical constraints that apply to this site and
those constraints have been the justification for three separate past setback variance
approvals. However, Staff is concerned that this proposal exceeds the degree of relief
from the strict and literal interpretation and enforcement of the setback standards
necessary to achieve compatibility and uniformity of treatment among sites in the vicinity
or to attain the objectives of this title without a grant of special privilege. The subject site
has already been granted a south side setback variance for asingle-story greenhouse
addition, a north side setback variance for the existing single-story garage, and a front
setback variance for the existing front entry and a portion of the existing garage. Staff
believes the physical constraints on the western portion of the subject site have been
compensated by these three previous setback variances.
77% of the subject site is encumbered by wetlands or setbacks, and 3% of the lot is
covered by the existing driveway. This leaves 20% of the lot available for construction,
which is coincidently the maximum building site coverage allowed within the Two-Family
Residential District.
The Applicants and their representative have designed the proposed master bedroom
addition to span an existing stream and encroaches a length of 18 feet into the wetlands
area by supporting the addition on piers that will be located on an island within the
wetlands. Staff believes this design solution further minimizes the impacts of the
wetlands on any future expansions to the existing structure; and therefore further
reduces the need for additional setback variances.
While the Planning and Environmental Commission has granted setback variances for
garages throughout Town, those variance have typically been for homes without an
existing two-car garage and have typically been only granted for single-story structures.
A setback variance has already been granted for the existing single-story, two-car
garage on the subject site. The applicant is proposing to demolish the existing garage,
convert it into atwo-story structure, and move it more than 12 feet further into the 20 foot
front setback area.
Additionally, Staff believes there are locations on the rear and south side of the existing
residence that could facilitate expansions to the existing residence without the need for
variances. Therefore, Staff believes approval of this request would constitute a grant of
special privilege.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
Staff does not believe this proposal will have a significant impact on the public health,
safety or welfare, public facilities, or utilities in comparison to existing conditions of the
site.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
The Planning and Environmental Commission has previously approved three separate
setback variance requests (south side, north side, and front) for this property.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends denial of a final review of a
variance from Section 12-6C-5, Setbacks, and Section 12-6C-11, Parking, Vail Town
Code, pursuant to Chapter 12-17, Variances, to allow for a front and side setback
encroachment and to reduce the required on site parking to facilitate construction of an
addition, located at 3035 Booth Falls Road/Lot 12, Block 1, Vail Village 13th Filing, and
setting forth details in regard thereto. This recommendation is based upon the review of
the criteria outlined in Section VII of this memorandum and the evidence and testimony
presented.
Should the Planning and Environmental Commission choose to approve this variance
request with conditions, the Community Development Department recommends the
Commission pass the following motion:
"The Planning and Environmental Commission denies the Applicants' request for
a variance from Section 12-6C-5, Setbacks, and Section 12-6C-11, Parking, Vail
Town Code, pursuant to Chapter 12-17, Variances, to allow for a front and side
setback encroachment and to reduce the required on site parking to facilitate
construction of an addition, located at 3035 Booth Falls Road/Lot 12, Block 1,
Vail Village 13t" Filing, and setting forth details in regard thereto. "
Should the Planning and Environmental Commission choose to approve this variance
request with conditions, the Community Development Department recommends the
Commission makes the following findings based upon a review of Section VII of the
Staff's March 10, 2008, memorandum to the Planning and Environmental Commission,
and the evidence and testimony presented:
"The Planning and Environmental Commission finds
1. The granting of this variance will constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the Two-Family
Primary/Secondary Residential District.
2. The granting of this variance will be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity.
3. This variance is not warranted for the following reasons
a. The strict literal interpretation or enforcement of the specified regulation
will not result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town
Code.
b. There are no exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply generally to other
properties in the Two-Family Primary/Secondary Residential District. "
6
IX. ATTACHMENTS
A. Vicinity Map
B. Applicant's Request
C. Wetlands Report prepared by Watershed Environmental Consultants, Inc.
D. Proposed Architectural Plans
E. Public Notice
Attachment A
Attachment B
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: March 10, 2008
SUBJECT: A request for a final recommendation to the Vail Town Council, for a prescribed
regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to amend Chapter 12-3, Administration and Enforcement, Vail Town Code,
to establish procedures for approving public art in private development, and
setting forth details in regard thereto. (PEC080004)
Applicant: Town of Vail
Planner: Rachel Friede
I. SUMMARY
The applicant, the Town of Vail, is requesting that the Planning and Environmental
Commission forward a final recommendation to the Vail Town Council regarding the
proposed text amendments to Chapter 12-3, Administration and Enforcement, Vail Town
Code, to establish procedures for review of public art in private development, and setting
forth details in regard thereto.
Based upon Staff's review of the criteria outlined in Section V of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forwards a
recommendation of approval to the Vail Town Council for the proposed text
amendments, subject to the findings noted in Section VI of this memorandum.
II. DESCRIPTION OF REQUEST
The Town of Vail is requesting text amendments to Chapter 12-3, Administration and
Enforcement, that outline the requirements and procedures for public art that is required
as mitigation of development impacts in Lionshead Mixed Use 1 (LMU-1 ), Lionshead
Mixed Use 2 (LMU-2), Public Accommodations (PA), Public Accommodations 2 (PA-2)
and Ski Base Recreation 2 (SBR2) Districts or as part of a Special Development District
(SDD).
The proposed regulations outline the requirements for public art, as well as the process
for review of public art. Should an application for a development project be required to
include public art as a component, the applicant will be required to gain approval of a
public art plan by the Art in Public Places Board. The AIPP Board will make the final
decision on public art, unless appealed to the Town Council. The DRB will not have
purview over the public art component of the project.
The following are proposed text amendments to Title 12 that create a process for review
of public art in development projects. Note that additions are in bold while deletions are
in c#riLo#hrn~~nh
Title 12: Zoning Regulations
12-2-2: Definitions Of Words and Terms:
ART IN PUBLIC PLACES BOARD (AIPPB): The Art In Public Places Board
established pursuant to Chapter 3-3 of the Vail Town Code.
LIMITED EDITION: One of no more than nine copies produced from an original
artist's mold.
PUBLIC ART: Any original creation of artwork that is accessible to the general
public.
12-3-3: Appeals
C.Appeal Of Planning And Environmental Commission Decisions, A-r~Design Review
Board Decisions and Art in Public Places Board Decisions:
1. Authority: The town council shall have the authority to hear and decide appeals
from any decision, determination or interpretation by the planning and environmental
commission or the design review board or the Art in Public Places Board with
respect to the provisions of this title and the standards and procedures hereinafter
set forth.
2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or
any aggrieved or adversely affected person from any order, decision, determination
or interpretation by the planning and environmental commission or the design review
board or the Art in Public Places Board with respect to this title. "Aggrieved or
adversely affected person" means any person who will suffer an adverse effect to an
interest protected or furthered by this title. The alleged adverse interest may be
shared in common with other members of the community at large, but shall exceed in
degree the general interest in community good shared by all persons. The
administrator shall determine the standing of an appellant. If the appellant objects to
the administrator's determination of standing, the town council shall, at a meeting
prior to hearing evidence on the appeal, make a determination as to the standing of
the appellant. If the town council determines that the appellant does not have
standing to bring an appeal, the appeal shall not be heard and the original action or
determination stands. The town council may also call up a decision of the planning
and environmental commission or the design review board or the Art in Public
Places Board by a majority vote of those town council members present.
3. Procedures: A written notice of appeal must be filed with the administrator within
twenty (20) calendar days of the planning and environmental commission's decision
or the design review board's decision or the Art in Public Places Board's decision
becoming final. If the last day for filing an appeal falls on a Saturday, Sunday, or a
town observed holiday, the last day for filing an appeal shall be extended to the next
business day. Such notice shall be accompanied by the name and addresses
(person's mailing and property's physical) of the appellant, applicant, property owner,
and adjacent property owners (the list of property owners within a condominium
project shall be satisfied by listing the addresses for the managing agent or the board
of directors of the condominium association) as well as specific and articulate
reasons for the appeal on forms provided by the town. The filing of such notice of
appeal will require the planning and environmental commission or the design review
board or the Art in Public Places Board to forward to the town council at the next
regularly scheduled meeting a summary of all records concerning the subject matter
of the appeal and to send written notice to the appellant, applicant, property owner,
and adjacent property owners (notification within a condominium project shall be
satisfied by notifying the managing agent or the board of directors of the
condominium association) at least fifteen (15) calendar days prior to the hearing. A
hearing shall be scheduled to be heard before the town council on the appeal within
forty (40) calendar days of the appeal being filed. The town council may grant a
continuance to allow the parties additional time to obtain information. The
continuance shall be allowed for a period not to exceed an additional thirty (30)
calendar days. Failure to file such appeal shall constitute a waiver of any rights
under this chapter to appeal any interpretation or determination made by the
planning and environmental commission or the design review board or the Art in
Public Places Board.
6. Fee: The town council may set a reasonable fee for filing an appeal to a planning
and environmental commission or design review board decision or Art in Public
Places Board decision. The fee will be adopted in a fee schedule which shall be
maintained in the department of community development. The fee shall be paid at
the time the appeal is filed.
12-25: Public Art:
12-25-1: Purpose: The purpose of this Chapter is to establish guidelines,
procedures and standards for the integration of public art into development
projects in the Town. The enhancement of public places by integrating the
creative work of artists improves the pedestrian experience and promotes
vibrancy, creativity and livelihood in the community. The presence of and access
to public art enlivens the public areas of buildings and their grounds and makes
them more welcoming. It creates a deeper interaction with the places where we
live, work, and visit. Public art illuminates the diversity and history of a
community, and points to its aspirations for the future. A wealth of art and culture
in the public realm will foster the economic development of the community.
12-25-2: Applicability: This Chapter shall apply to projects that are required to
provide public art as part of a Special Development District or an exterior
alteration or modification in the Public Accommodations (PA), Public
Accommodations 2 (PA-2), Lionshead Mixed Use 1 (LMU-1), Lionshead Mixed Use
2 (LMU-2) and Ski Base Recreation 2 (SBR2) Districts.
12-25-3: Public Art Requirements:
A. Eligible Public Art: The following, when produced in limited edition, shall be
considered eligible as public art:
(1) Attached or site-integrated art elements such as passageways, bridges,
street furniture, paving materials or artistic features within a garden;
(2) Mosaics, painted murals, or terrazzo covering walls, floors and
passageways;
(3) Independent or freestanding sculpture;
(4) Interdisciplinary artwork including the written word, glass, photography,
sound, video or any other multi-media works of art appropriate for the site;
(5) Earthworks or the integration of natural and man-made materials in the
landscape;
(6) Fountains and water features;
(7) Works that are decorative, ornamental or functional elements of the
architecture or landscape design; or
(8) Any other project deemed eligible by the AIPPB.
B. Ineligible Public Art: The following shall not be eligible as public art:
(1) Reproductions or unlimited editions of original work;
(2) Directional elements such as super-graphics, signage, or graphic elements
already part of the project; or
(3) Business or corporate logos or signage.
C. Professional Artist: The public art project shall be designed by an artist that
meets at least two of the following criteria, provided that emerging artists who
demonstrate a high level of competence, ability to create unique artistic
enhancements, understanding of mediums and relationship of artwork to the site
maybe acceptable at the discretion of the AIPPB.
(1) The artist has obtained a Bachelor of Fine Art or Master of Fine Art from an
accredited college or university.
(2) The artist has exhibition experience in a professional context (i.e. galleries,
museum, art centers, or other exhibit venues).
(3) The artist has received peer recognition such as honorable mentions,
awards, prizes, scholarships, appointments, or grants.
(4) The artist is pursuing his/her work as a means of livelihood and/or a way to
achieve the highest level of professional recognition.
(5) The artist's work has been discussed in a published writing.
(6) The artist's artwork has been held in public or private collections.
D. Location: Public art shall be installed in a location that is open to the public
and is visible from a pedestrian or vehicular way. Locations include, but are not
limited to, community hubs or gathering places, portals, entrances or gateways,
adjacent to sidewalks, adjoining parks and plazas, integrated into the floors, walls
and ceilings within public areas and high traffic areas or areas along a bus route.
The public art shall be located on site unless otherwise permitted to use town-
owned property or right-of-way by the Vail Town Council.
12-25-4: Public Art Review:
A. Public Art Plan Required: When required public art, the applicant shall submit
a public art plan for review by the Art in Public Places Board. Certain submittal
requirements may be waived or modified by the administrator. The administrator
may require the submission of additional plans, drawings, specifications, samples
and other materials if deemed necessary to properly evaluate the proposal. The
public art plan shall include the following:
(1) Site plan showing location of art;
(2) Elevations and/or renderings of project including public art component;
(3) Written description of proposed type of public art;
(4) Project schedule, including public art process;
(5) Representations of the artwork (i.e. drawings, pictures of similar works
by the artist);
(6) Estimated public art budget, for purposes of determining the amount of
performance bond; and
(7) A written description of the maintenance plan.
B. Final Review: Within thirty (30) days of submittal of the public art plan, the
AIPPB shall review the public art plan at a regularly scheduled public hearing and
shall make a determination of approval, approval with conditions or modifications,
or denial, based on the requirements in Subsection C of this Section. The Design
Review Board shall not have purview over any aspect of the public art within the
project.
C. Criteria for Review of Public Art Plan: Prior to approving a public art plan,
the AIPPB shall find that the public art plan meets all of the following criteria:
(1) Compatibility with the site: Works of art shall be contextual to the site,
and be compatible in style, scale, material, form, and content with their
surroundings, and should enhance the relationships between the natural
and man-made features of the site.
(2) Location: The public art shall be viewable from public spaces, and shall
be accessible to the public.
(3) Compatible with the architecture: Works of art shall be contextual to the
architectural design of the building(s).
(4) Scale: The scale of the artwork shall be commensurate with the scale of
the development or redevelopment project.
(5) Public Safety: Public art shall not create safety issues.
(6) Permanence: Public art that requires expensive or continual
maintenance is discouraged. Public art shall be resistant to theft and
vandalism.
D. Appeals: AIPPB decisions maybe appealed in accordance with the provisions
in Section 12-3-3, Appeals, Zoning Regulations.
12-25-5: Public Art Completion and Performance Bonds: All public art
installations that are not complete prior to issuance of a Certificate of Occupancy
for the project will require a performance bond equal to 125% of the estimated
cost of the public art outlined in the public art plan. The public art shall be
installed as outlined in the approved public art plan within one year after issuance
of Certificate of Occupancy for the project, or the Town may use the performance
bond to complete the public art installation. Following installation, applicants
shall schedule a final inspection with the administrator. Upon a determination by
the administrator that the public art installation is complete and in compliance
with this Code, the Town shall release the performance bond.
12-25-6: Maintenance: Public art shall be maintained as outlined in the public art
plan. Maintenance of the public art shall be the sole responsibility of the current
property owner in perpetuity, and this obligation shall be deemed to run with the
land. Failure to maintain public art in compliance with the public art plan shall be
considered a violation of this Chapter, subject to the penalties
III. BACKGROUND
On October 22, 2007, the PEC voted to recommend denial to the Vail Town Council for
proposed text amendments that required public art for certain development projects. On
November 20, 2007, the Vail Town Council voted 4-3 to deny Ordinance No. 33, Series
of 2007, which would have codified those requirements. The Vail Town Council directed
Staff to propose text amendments that only include basic requirements and procedures
for review of public art. The current proposed text amendments are based on the
previous request, with requirements for public art omitted, per the Town Council's
request.
IV. APPLICABLE PLANNING DOCUMENTS
Title 12: Zoning Regulations, Vail Town Code
Chapter 12-1: Title, Purpose and Applicability
12-1-2: Purpose
A. General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the Town, and to promote the coordinated and
harmonious development of the Town in a manner that will conserve and enhance its
natural environment and its established character as a resort and residential community
of high quality.
8. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and
other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to
lessen congestion in the streets.
4. To promote adequate and appropriately located off street parking and loading
facilities.
5. To conserve and maintain established community qualities and economic
values.
6. To encourage a harmonious, convenient, workable relationship among land
uses, consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable
natural features.
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
Chapter 12-3: Administration and Enforcement
12-3-7: Amendment:
C. Criteria And Findings:
2. Prescribed Regulations Amendment:
a. Factors, Enumerated: Before acting on an application for an amendment to the
regulations prescribed in this title, the planning and environmental commission and town
council shall consider the following factors with respect to the requested text
amendment:
(1) The extent to which the text amendment furthers the general and specific purposes
of the zoning regulations; and
(2) The extent to which the text amendment would better implement and better achieve
the applicable elements of the adopted goals, objectives, and policies outlined in the Vail
comprehensive plan and is compatible with the development objectives of the town; and
(3) The extent to which the text amendment demonstrates how conditions have
substantially changed since the adoption of the subject regulation and how the existing
regulation is no longer appropriate or is inapplicable; and
(4) The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
(5) Such other factors and criteria the commission and/or council deem applicable to the
proposed text amendment.
Lionshead Redeveloament Master Plan
4.11. Public Art
Through the Art in Public Places board, the Town of Vail has long recognized the
importance of public art in pedestrian environments. Future development and
redevelopment projects in Lionshead, especially projects impacting the retail mall
and primary pedestrian environments, should seek to incorporate public art
according to the Town of Vail Art in Public Places Master Plan (not adopted as of
the writing of this document). Pedestrian circulation systems, portals and gateways,
landmarks, pedestrian plazas and architecture all present opportunities to incorporate
public art.
5.8.6 Plazas and Nodes (in part)
Dynamic pedestrian plazas and nodes are encouraged at each significant intersection in
the retail core. Successful plazas are those that have good sun exposure, that are
located on primary pedestrian corridors, and that are properly proportioned to encourage
seating, eating, gathering and events. Successful nodes are concentrations of activities,
landmarks and spaces where people want to congregate. Focal elements such as
fountains, landscaping, and public art help to give each node a unique identify
and serve as visual reference points. A fundamental objective of the master plan is to
introduce these qualities in the Lionshead core.
8.4.1.2 Building Roles (in part)
Landmarks
A landmark provides a sense of orientation for the community, and reinforces its "sense
of place" or image. As such, it must be visible from key locations within the community,
such as portals and major public spaces, and must offer an image consistent with
Lionshead. As a unique architectural element, a landmark should be designed to clearly
stand out from the rest of the community, while still presenting a consistent design
language. Care should be taken to provide a clear hierarchy between the village
landmark and other, secondary landmarks. Landmarks are most successful when
they serve special functions such as bell towers, clock towers, monuments, or
public art, rather than being self-serving. Furthermore, they should be carefully
scaled to the buildings adjacent to them, as well as to the overall scale of the urban
village.
Vail Villaae Master Plan (in part
GOAL #3: TO RECOGNIZE AS A TOP PRIORITY THE ENHANCEMENT OF THE
WALKING EXPERIENCE THROUGHOUT THE VILLAGE
3.1 Objective:
Physically improve the existing pedestrian ways by landscaping and other
improvements.
3.1.2 Policv:
Public art shall be encouraged at appropriate locations
throughout the Town.
GOAL #3 Action Steps
6. Designate an Arts in Public Places Board to produce and/or review
proposals for public art along pedestrian ways.
GOAL #4: TO PRESERVE EXISTING OPEN SPACE AREAS AND EXPAND
GREENSPACE OPPORTUNITIES.
4.1 Objective:
Improve existing open space areas and create new plazas with greenspace and pocket
parks. Recognize the different roles of each type of open space in forming the overall
fabric of the Village.
4.1.2 Policv:
The development of new public plazas, and improvements to existing
plazas (public art, streetscape features, seating areas, etc.) shall be
strongly encouraged to reinforce their roles as attractive people places.
V. REVIEW CRITERIA
A. Consideration of Factors Regarding the Text Amendment:
1. The extent to which the text amendment furthers the general and specific
purposes of the Zoning Regulations; and
Staff believes that the proposed text amendments further the general and
specific purposes of Title 12. Public art can enhance the natural and built
environment through stimulating pieces that offset development. Specifically, the
addition of public art in the community would safeguard and enhance the
appearance of the town, and would also provide amenities conducive to desired
living quarters.
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and
policies outlined in the Vail Comprehensive Plan and is compatible with the
development objectives of the Town; and
Staff believes that the proposed text amendments better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail Comprehensive Plan and are compatible with the development
objectives of the Town. Many portions of the Vail Comprehensive Plan mention
the value of public art as integrated into the built environment.
3. The extent to which the text amendment demonstrates how conditions
have substantially changed since the adoption of the subject regulation
and how the existing regulation is no longer appropriate or is inapplicable;
and
Staff believes that the proposed text amendments reflect the changing
environment where development projects are being required to provide public art
as mitigation of development impacts. Without regulations to outline
requirements and process for public art requirements for private development,
there has been no common system for reviewing public art. These text
amendments will codify requirements and create uniformity in public art review.
4. The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations consistent
with municipal development objectives.
Staff believes that the proposed text amendments will facilitate and provide a
harmonious, convenient, workable relationship among land use regulations that
are consistent with the Town of Vail master plans and development objectives.
Specifically, the requirement of public art in the Zoning Regulations is consistent
with the promotion of public art in the Vail Village Master Plan and Lionshead
Redevelopment Master Plan.
VI. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental
Commission forwards a recommendation of approval to the Town Council for
prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to amend Chapter 12-3, Administration and Enforcement, Vail Town Code, to
establish procedures for approving public art in private development.
Should the Planning and Environmental Commission choose to approve these proposed
text amendments, the Community Development Department recommends the
Commission pass the following motion:
"The Planning and Environmental Commission forwards a
recommendation of approval to the Town Council for the Town of Vail's
request for prescribed regulation amendment, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to amend Chapter 12-3, Administration and
Enforcement, Vail Town Code, to establish procedures for approving public
art in private development, and setting forth details in regard thereto."
Staff's recommendation is based upon the review of the criteria in Section V of this
memorandum and the evidence and testimony presented. Should the Planning and
Environmental Commission choose to recommend approval of the proposed
amendments, Staff recommends the following findings be incorporated into a motion:
"1. That the amendments are consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development objectives
of the Town, based upon Section V of the Staff memorandum dated
March 10, 2008; and,
2. That the amendments further the general and specific purposes of the
Zoning Regulations, based upon Section V of the Staff memorandum
dated March 10, 2008; and,
3. That the amendments promote the health, safety, morals, and general
welfare of the Town and promote the coordinated and harmonious
development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and
residential community of the highest quality, based upon Section V of
the Staff memorandum dated March 10, 2008."
io
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: March 10, 2008
SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant
to Section 12-3-7, Amendment, Vail Town Code, for a prescribed
regulations amendment to Chapters 12-23, Commercial Linkage and 12-
24, Inclusionary Zoning, Vail Town Code, to establish standards and
criteria related to mitigating employee housing requirements, and setting
forth details in regard thereto. (PEC070075)
Applicant: Town of Vail, represented by Nina Timm, Housing
Coordinator
Planner: Bill Gibson
I. SUMMARY
The Applicant, Town of Vail, is requesting a final recommendation to the Vail
Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a
prescribed regulations amendment to Chapters 12-13, Employee Housing, 12-
23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to
establish standards and criteria related to mitigating employee housing
requirements. In addition to amendments to the Chapters listed above there will
be amendments to all the established zone districts which contain employee
housing units as a permitted or conditional use. The Applicant has submitted the
application in response to a request from the Planning and Environmental
Commission to clarify certain portions of the adopted regulations. Staff is
recommending that the Planning and Environmental Commission forwards a
recommendation of approval of the proposed amendments to Chapters 12-13,
Employee Housing, 12-23, Commercial Linkage and 12-24, Inclusionary Zoning,
Vail Town Code, based upon the criteria found in Section VI of this
memorandum.
II. DESCRIPTION OF REQUEST
The Applicant, Town of Vail, is requesting a final recommendation to the Vail
Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a
prescribed regulations amendment to Chapters 12-13, Employee Housing, 12-
23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to
establish standards and criteria related to mitigating employee housing
requirements. In addition to amendments to the Chapters listed above there will
be amendments to Articles 12-6A, Hillside Residential District; 12-6B, Single-
Family Residential District; 12-6C, Two-family Residential District; 12-6D, Two-
Family Primary/Secondary Residential District; 12-6E, Residential Cluster
District; 12-6F, Low Density Multiple-Family District; 12-6G, Medium Density
Multiple-Family District; 12-6H, High Density Multiple-Family District; 12-61,
Housing District; 12-7A, Public Accommodation District; 12-7B, Commercial Core
1 District; 12-7D, Commercial Core 3 District; 12-7E, Commercial Service Center;
12-7F, Arterial Business District; 12-7H, Lionshead Mixed Use 1 District; 12-71,
Lionshead Mixed Use 2; District; 12-7J, Public Accommodation 2 District; 12-8A,
Agricultural and Open Space District; 12-8D, Ski Base/Recreation District; 12-8E,
Ski Base/Recreation 2 District; 12-9B, Parking District; 12-9C, General Use; to
incorporate changes to the employee housing types listed as permitted or
conditional uses within each district and facilitate the implementation of these
regulations.
The Applicant is requesting approval of the Housing Authority's recommendation
that no less than one-half ('/2) the mitigation of employee housing be required on-
site for all new construction and demo/rebuild projects based. This
recommendation is based upon the following factors:
• The scarcity of developable land resources;
• The financial, political, and practical difficulties associated with the
construction of any free standing employee housing development;
• The need for additional workforce housing to ensure the long term
sustainability of Vail's economy;
• An opportunity to improve the Town's sense of community;
• On-site units create "live-work" opportunities;
• On-site units create less demand on, and impact to, the Town's
infrastructure;
• The Town of Vail has an opportunity to become a leader in addressing
employee housing within Eagle County; and,
• 70% of the community's workforce housing needs created by future
development are not addressed by these regulations;
In a straw poll, the Commission preferred this recommendation over Staff's
previous proposal that new and demo/rebuild projects provide all their required
mitigation on-site.
The Applicant is requesting approval of the Commission's recommendation to
weight the methods of mitigation to further incent on-site employee housing
mitigation. Staff proposes the following rates apply to any mitigation remainder
for new construction and demo-rebuild projects, and that these rates apply to all
other development projects that have employee housing requirements.
For projects subject to Commercial Linkage requirements:
1. On-Site Units: 20% of the employees generated.
2. Conveyance of Property On-Site: 20% of the employees
generated.
3. Off-Site Units: 100% of the employees generated.
4. Payments of Fee in Lieu: 25% of the employees
generated.
2
5. Conveyance of Property Off-Site: 20% of the employees
generated.
For projects subject to Inclusionary Zoning requirements:
1. On-Site Units: 10% of the net new GRFA.
2. Conveyance of Property On-Site: 10% of the net new
GRFA.
3. Off-Site Units: 50% of the net new GRFA.
4. Payments of Fee in Lieu: 25 % of the net new GRFA.
5. Conveyance of Property Off-Site: 10% of the net new
GRFA.
The Applicant is also requesting approval of the Commission's recommendation
to include additional incentives for on-site employee housing mitigation. Staff
has incorporated language into Sections 12-23-3 and 12-24-3 found in the draft
Ordinance that will allow the governing bodies (Council, Commission, or Staff)
the discretion to reduce the parking requirements for on-site EHUs. The
proposed language is similar to that which grants the Commission authority to
reduce the parking requirement for EHUs in the Housing District. The governing
body may approve a parking management plan and a reduction in the required
parking based upon the following considerations:
a. Proximity or availability of alternative modes of transportation
including, but not limited to, public transit or shuttle services.
b. A limitation placed in the deed restrictions limiting the number
of cars for each unit.
c. A demonstrated permanent program including, but not limited
to, rideshare programs, car-share programs, shuttle service, or
staggered work shifts.
Additionally, the Applicant is requesting approval of the Commission's
recommendation to ensure flexibility should a developer proposal better achieves
the intent and purpose of the Employee Housing chapter and the Methods of
Mitigation section than the on-site unit method.
The Applicant and the Vail Local Housing Authority also requesting approval of
the following additions and/or changes to Chapters 12-23, Commercial Linkage
and 12-24, Inclusionary Zoning.
• Establishing that any required mitigation of less than 1.25 employees or
any remaining unit floor area of less than 438 sq. ft. may always be
provided through the fee-in-lieu mitigation method;
• Establishing that projects resulting in a total mitigation requirement of less
than 1.25 employees or less than one whole unit will be reviewed
administratively;
• Establishing policies to address potential requests to modify an approved
Employee Housing Plan;
• Creating a new EHU "type" category in the Town Code for any unit used
to mitigate a commercial linkage or Inclusionary zoning requirement. This
is necessary to distinguish these mitigation units from the other six types
of EHUs already allowed within the Town of Vail;
• Clarifying that the intent of Table 23-2, Size of Employee Housing Units,
for Commercial Linkage was that a three bedroom unit and any unit with
more than three bedrooms mitigate at the same rate of 3.5 employees;
• Clarifying the Mitigation Banking regulations;
• Allowing mitigation types of EHUs as permitted uses in the applicable
zone districts, rather than conditional uses.
Staff has identified the proposed changes to be made in the attached draft
Ordinance (Attachment A). Text that is to be deleted is in °+r;°~" text that
is to be added is in bold, and sections of text that are not to be amended may be
omitted.
III. BACKGROUND
• There is a substantial, direct, and rational connection between the need for
housing of employees generated by new development and redevelopment
and the requirements for the provision of employee housing, as documented
in the report entitled, "Town of Vail Nexus/Proportionality Analysis for
Employee Housing Mitigation Programs."
• It is the Town Council's goal to provide housing for at least thirty percent
(30%) of the net new employees generated from residential and commercial
development in the Town of Vail through the conjunctive efforts of
Commercial Linkage and Inclusionary Zoning.
• On April 3, 2007, the Vail Town Council adopted Ordinances Nos. 7 and 8,
establishing Chapter 23, Commercial Linkage and Chapter 24, Inclusionary
Zoning of the Vail Town Code for the purpose of requiring new development
and redevelopment to provide a reasonable and appropriate percentage of
new employee housing which has a nexus to new job generation.
• At its December 11, 2007, public hearing, the Planning and Environmental
Commission requested Staff bring forward recommendations for
amendments to Chapters 12-23, Commercial Linkage, and 12-24,
Inclusionary Zoning, to better define the Commission's role in reviewing
Employee Housing Plans and to clarify the priority of the five approved
mitigation methods.
• The Vail Local Housing Authority discussed the Commission's request at their
December 12, 2007, meeting. The Authority determined that the on-site
mitigation method is the highest priority and forwarded a recommendation
4
that half the required employee housing mitigation be required on-site for new
construction and demo/rebuild projects.
• The Commission discussed this recommendation and numerous other issues
related to employee housing at its January 14, 2008, public hearing.
• At the Town Council's January 22, 2008, Council Member retreat and again
at its subsequent public hearings, the Town Council indicated that providing
on-site units is the most desirable employee housing mitigation method and
fee-in-lieu is the least desirable method, except when necessary to address
partial requirements.
At the February 11, 2008, Planning and Environmental Commission public
hearing the Commission requested Staff forward recommendations for
amendments to Chapters 12-23, Commercial Linkage and 12-24,
Inclusionary Zoning to achieve the following:
• Prioritization of the five approved mitigation methods based on value
to the community;
• Flexibility and/or incentives for better mitigation options rather than a
requirement for all on-site mitigation; and
• A predictable review process.
• At the February 14, 2008, special meeting of the Vail Local Housing Authority
the Authority again discussed establishing a priority order for the allowed
employee housing mitigation methods. At the meeting, the Authority
reconfirmed its recommendation:
At least half of requisite employee housing mitigation must be provided
on-site for all new development and demo-rebuild projects where
Commercial Linkage and Inclusionary Zoning apply.
Without this requirement the Authority does not believe that on-site unit
mitigation will be pursued by developers. Much of the discussion regarding
the available mitigation options has centered on calculation formulas,
financial parity, who would manage the development of housing projects, and
the like. However, if these arguments are set aside and the question is asked
"what scenario is in the best interest of the community from along-term
planning standpoint", it becomes clear that on-site employee housing will
provide:
• The most certain delivery of employee housing;
The greatest reduction in vehicular traffic (and associated noise and
pollution) by employees;
• The greatest reduction in public parking needs by employees;
• Reduce the loading of employee volume on our public transportation
systems;
• Best retain employee spending in town of Vail service businesses;
and
• Most effectively create the energy of a vibrant, lived-in community in
our resort core and commercial areas.
Additionally, the Authority recommends:
The remaining requisite mitigation should be provided via any of the five
allowed employee housing mitigation methods, or a combination thereof,
at the developer's discretion.
This recommendation is based on the Authority's belief that today all five
mitigation methods provide value to the community.
The Housing Authority supports adding three of the Staff recommended
criteria to allow for relief from the on-site requirement. The Authority does
not recommend adopting language that allows a developer to provide a
creative or "superior" employee housing mitigation plan that could no
longer require at least half of the requisite employee housing mitigation
be provided on-site.
The Housing Authority is also committed to annually reviewing the priority of
the five employee housing mitigation methods and offering their
recommendation to the Vail Town Council. This review is anticipated in
March of each year to coincide with the annual review of the fee-in-lieu rates.
At the February 25, 2008, Planning and Environmental Commission
public hearing the Commission recommended:
All mitigation methods should be available at the developer's
discretion, but the methods of mitigation should be weighted to
incent on-site employee housing mitigation.
Additional incentives should be given to developers to construct on-
site employee housing units.
Ensure flexibility should a developer proposal better achieve the
intent and purpose of the Employee Housing chapter and the
Methods of Mitigation section than the on-site unit method.
IV. ROLES OF REVIEWING BODIES
Order of Review: Generally, text amendment applications will be reviewed by the
Planning and Environmental Commission and the Commission will forward a
recommendation to the Town Council. The Town Council will then review the
text amendment application.
h
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for the review of a
text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town
Code, and forwarding of a recommendation to the Town Council.
Vail Local Housing Authority:
The Vail Local Housing Authority is responsible for forwarding a recommendation
to the Town Council.
Design Review Board:
The Design Review Board has no review authority over a text amendment to the
Vail Town Code.
Town Council:
The Town Council is responsible for final approval, approval with modifications,
or denial of a text amendment application, pursuant to Section 12-3-7,
Amendment, Vail Town Code.
The Town Council has the authority to hear and decide appeals from any
decision, determination, or interpretation by the Planning and Environmental
Commission and/or Design Review Board. The Town Council may also call up a
decision of the Planning and Environmental Commission and/or Design Review
Board.
V. APPLICABLE DOCUMENTS
Staff believes the following documents are relevant to the review of this proposal:
TITLE 12: ZONING REGULATIONS
Chapter 12-1, Title, Purpose and Applicability (in part)
Section 12-1-2: Purpose
A. General: These regulations are enacted for the purpose of
promoting the health, safety, morals, and general welfare of the Town, and
to promote the coordinated and harmonious development of the
Town in a manner that will conserve and enhance its natural
environment and its established character as a resort and residential
community of high quality.
8. Specific: These regulations are intended to achieve the following more
specific purposes:
1. To provide for adequate light, air, sanitation, drainage, and public
facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of
snow, and other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation
and to lessen congestion in the streets.
4. To promote adequate and appropriately located off street parking and
loading facilities.
5. To conserve and maintain established community qualities and
economic values.
6. To encourage a harmonious, convenient, workable relationship
among land uses, consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land
with structures.
8. To safeguard and enhance the appearance of the town
9. To conserve and protect wildlife, streams, woods, hillsides, and other
desirable natural features.
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable
community.
Chapter 12-3: Administration and Enforcement: (in part)
12-3-7: AMENDMENT:
C. Criteria and Findings:
2. Prescribed Regulations Amendment:
a. Factors, Enumerated: Before acting on an application for an
amendment to the regulations prescribed in this title, the planning
and environmental commission and town council shall consider the
following factors with respect to the requested text amendment:
1. The extent to which the text amendment furthers the general and
specific purposes of the zoning regulations; and
2. The extent to which the text amendment would better implement
and better achieve the applicable elements of the adopted goals,
objectives, and policies outlined in the Vail comprehensive plan
and is compatible with the development objectives of the town; and
3. The extent to which the text amendment demonstrates how
conditions have substantially changed since the adoption of the
subject regulation and how the existing regulation is no longer
appropriate or is inapplicable; and
4. The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations
consistent with municipal development objectives; and
K
5. Such other factors and criteria the commission and/or council
deem applicable to the proposed text amendment.
Chapter 13: Employee Housing: (in part)
12-13-1: Purpose:
The town's economy is largely tourist based and the health of this
economy is premised on exemplary service for Vail's guests. Vail's
ability to provide such service is dependent upon a strong, high
quality and consistently available work force. To achieve such a
work force, the community must work to provide quality living and
working conditions. Availability and affordability of housing plays a
critical role in creating quality living and working conditions for the
community's work force. The town recognizes a permanent, year
round population plays an important role in sustaining a healthy,
viable community. Further, the town recognizes its role in
conjunction with the private sector in ensuring housing is available.
Chapter 23: Commercial Linkage: (in part)
12-23-1: Purpose and Applicability:
A. The purpose of this chapter is to ensure that new commercial
development and redevelopment in the town provide for a
reasonable amount of employee housing to mitigate the impact
on employee housing caused by such commercial development
and redevelopment.
Chapter 24: Inclusionary Zoning: (in part)
12-24-1: Purpose and Applicability:
A. The purpose of this chapter is to ensure that new residential
development and redevelopment in the town of Vail provide for a
reasonable amount of employee housing to mitigate the impact
on employee housing caused by such residential development
and redevelopment.
TOWN OF VAIL LAND USE PLAN
Chapter II: Land Use Goals/Policies (in part)
5. Residential
5.1 Additional residential growth should continue to occur
primarily in existing, platted areas and as appropriate in new
areas where high hazards do not exist.
5.2 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 Town of Vail, with appropriate restrictions.
9
5.4 Residential growth should keep pace with the market
place demands for a full range of housing types.
5.5 The existing employee housing base should be preserved
and upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community.
VAIL VILLAGE MASTER PLAN
Chapter V: Goals, Objectives, Policies and Action Steps (in part)
Goal #2: To foster a strong tourist industry and promote year-around economic
health and viability for the village and for the community as a whole.
2.6 Objective:
Encourage the development of affordable housing units
through the efforts of the private sector.
2.6.1 Policy:
Employee housing; units maybe required as part of any new
or redevelopment project requesting density over that
allowed by existing zoning.
2.6.2 Policy:
Employee housing, shall be developed with appropriate
restrictions so as to insure their availability and affordability
to the local work force.
2.6.3 Policy:
The Town of Vail may facilitate in the development of
affordable housing by providing limited assistance.
LIONSHEAD REDEVLOPMENT MASTER PLAN
Chapter 4: Master Plan Recommendation -Overall Study Area
4.8 Parking
4.8.4 Parking for Employee Housing
The unit-to-parking space ratio for employee housing should be reduced
to maximize the housing opportunities in west Lionshead. During the
master planning process, the Vail Town Council toured several employee
housing complexes in Keystone Resort that averaged .25 cars per bed
(one parking space per four-bed unit). Most of these complexes at
Keystone are removed from the core and depend on a bus transit system
to carry employees to and from work. Yet, Keystone property managers
have not observed a parking shortage. Likewise, at the Rivers Edge
employee housing project in Avon, a parking ratio of . 75 cars per bed has
been more than adequate and the parking lot is underutilized.
10
4.9 Housing
Recent community surveys and grass-roots planning efforts such as
Vail Tomorrow have identified the lack of locals housing as the most
critical issue facing the Vail community. Early in the Lionshead
master planning process, west Lionshead was identified as an opportunity
area to implement some of the community's housing goals, particularly
relating to employee housing. These opportunities and associated issues
are outlined below.
4.9.1 No Net Loss of Employee Housing
Ground rule number five of the master plan states that there shall be no
net loss of employee housing in Lionshead as redevelopment occurs.
Visual Issues
4.9.2 The financial realities of affordable housing often require cost
reducing measures, generally involving the quality of detailing, planning,
and architectural design. Given the strong desire to make these housing
projects feasible, it is recommended that some latitude be granted to
affordable housing developers. However, it is also important that financial
realities not be used as an excuse to produce unsightly, poorly designed,
substandard products. Employee housing does not need to match the
architectural sophistication of a five star resort development, but it does
need to be good quality construction and design. Rivers Edge in Avon is
a good example of an attractive yet affordable employee housing project.
4.9.3 Policy Based Housing Opportunities
The first means of implementing housing goals in Lionshead is through
policy based requirements such as the employee generation ordinance
currently being pursued by the Vail Town Council. As required by a
future ordinance, all development and redevelopment projects, as a
prerequisite to project approval, should provide housing for
employees generated and to the extent possible this housing should
be located in the Lionshead area.
VAIL 20/20 STRATEGIC PLAN
Executive Summary (in part)
Housin The high cost of housing and a lack of developable land
continue to challenge the community in providing adequate workforce
housing. Opportunities exist to increase the amount of employee
housing through redevelopment of existing housing, the purchase of
deed-restricted units and through developer requirements. During
20/20, participants placed workforce housing as a top priority for the
community and government leaders to address.
Community Values (in part)
Diversity: Vail values maintaining a diverse population of residents,
workers and visitors, with a broad representation of age, family
composition, ethnic background and economic means.
11
Land Use and Development (in part)
20/20 Vision: The pedestrian ambiance and scale of Vail Village and
Lionshead continues into 2020, where the European alpine charm of Vail
is replicated in its new development. The unique character of Vail is
evident from the Tyrolean building style that speaks of Vail's history, to
the mountain contemporary style that heralds technological advancement.
The vibrant mixed-use pedestrian core areas of Vail attract guests,
residents and businesses. The diversity of businesses within the core
areas provides something for everyone and the new affordable housing
options are seamlessly integrated into the community's fabric.
Growth has been carefully managed to be sustainable and
complementary to the natural environment.
20/20 Implementation: Based on input from the community during the
20/20 process, town staff developed the following goals and action
strategies to support the land use and development vision. The goals
also reflect the common themes heard from the community during the
20/20 process, including a need for more employee housing,
increased environmental sustainability, reduction of 1-70 impacts and
managed growth.
Goal #4: Provide for enough deed-restricted housing for at least 30
percent of the workforce through policies, regulations and publicly
initiated development.
Actions/Strategies
• Update housing regulations to include more zone districts that
are required to provide employee housing.
• Redevelop Timber Ridge to increase number of employee beds.
• Use employee housing fund for buy-downs and other programs that
will increase the number of employees living within the town.
• Address the zoning regulations to provide more incentives for
developers to build employee housing units.
Housing (in part)
20/20 Vision: The number of employees living within the town has steadily
increased, thanks to the town's commitment to ensure affordability and
availability of housing. The number of deed-restricted rental and for-
sale units required of both private and public projects has
increased. The diversity of deed-restricted units can accommodate the
seasonal worker, as well as all levels of year-round employees, including
those with families. Housing in general has been transformed to include
green building standards.
12
20/20 Implementation: Based on input from the community during the
20/20 process, town staff with the Vail Local Housing Authority,
developed the following goals and action strategies to support the
housing vision.
Goal: The Town of Vail recognizes the need for housing as
infrastructure that promotes community, reduces transit needs and
keeps more employees living in the town, and will provide for
enough deed-restricted housing for at least 30 percent of the
workforce through policies, regulations and publicly initiated
development.
Actions/Strategies:
• Research and propose next steps for strengthening the town's
inclusionary zoning and commercial linkage policies, including
requirements for more zone districts.
• Research parking requirements for employee housing and consider
reducing requirements for employee housing developments.
• Ensure pay-in-lieu funds generate as many workforce housing units
as possible.
• Establish protocol for disbursement of dedicated housing fund
resources.
• Research and secure potential alternative (besides pay-in-lieu)
funding sources for employee housing.
EAGLE COUNTY HOUSING NEEDS ASSESSMENT, 2007 (see Attachment C)
SECTION 8 -HOUSING NEEDS AND GAPS
Keep Up Needs
Housing Demand from Job Growth -According to employment
forecasts developed by the Colorado Department of Local Affairs,
Eagle County will have a net gain of over 4,400 jobs in the next
three years and approximately 10, 300 additional jobs by 2015.
Job growth in Eagle County will be the result of expansion by
existing employers, new residential development and new
commercial/industrial development. Of employers surveyed, 41
percent indicated they plan a net increase in jobs in the next two
years.
Given employment growth over the seven-year period between
2000 and 2007 of 7,222 jobs (1,032 per year), the estimated
increase of 10,316 jobs in the eight years between now and 2015
(1,290 per year) may be slightly over stated. The 4,776 additional
housing units needed to accommodate new jobs by 2015 should,
therefore, be viewed as the maximum number likely to be needed
solely to support employment growth.
13
Gaps
There is a significant gap between the current demand (catch-up)
units and the number of units available as of April, 2007. The
difference of 3,398 units between current demand for 4,446 units
and current listings of 1, 048 units represents the magnitude of the
gap between what residents and in-commuting employees want
for housing and what the free market is providing. The difference
for each AMI category represents the net demand between what
residents and in-commuters can afford and the free market price
of units.
The gap is largest in the 81 to 120 percent AMI range. Since
federal and state housing programs only serve households with
incomes equal to or less than 80 percent AMI (Low Income
Housing Tax Credits and several grant programs have even lower
income eligibility standards) addressing the gap in the 81 to 120
percent AMI range will require partnering with private developers
and other local solutions that do not rely on funding from outside
of Eagle County.
Proportionately, households with incomes greater than 140
percent AMI are the best served by the free market, with units
available to meet approximately 64 percent of current demand.
These figures are dynamic; additional units will be placed on the
market during 2007 that will slightly lower the gap. With 88 percent
of the current listings affordable only for households with incomes
greater than 140 percent AMI, the change should not significantly
impact planning for solutions to address catch-up demand.
EAGLE COUNTY HOUSING NEEDS ASSESSMENT, 1999 (see Attachment D)
Section 9: Conclusions and Recommendations (in part)
• Develop county-wide commercial linkage and inclusionary
zoning programs. Requiring employers to provide housing
for employees is supported by nearly 70% of the county's
residents. Well over half support requiring that a percentage
of all new homes be designated for employee housing.
• Develop affordable housing throughout the county except for
seasonal workers, whose housing should be concentrated in
Vail.
VI. REVIEW CRITERIA
1. The extent to which the text amendment furthers the general and
specific purposes of the Zoning Regulations; and
These regulations were adopted in April, 2007, and mitigation was
intended to provide developers with prescribed employee housing
mitigation requirements. As implementation of the requirements has
14
occurred, it appears there is a need to clarify requisite Employee Housing
Plan expectations to achieve desired outcomes as well as better define
certain aspects contained within the regulations.
Staff believes the proposed text amendments clarify the existing
regulations and will continue to further the general and specific purposes
of Title 12, Zoning Regulations, and Chapters 12-23, Commercial Linkage
and 12-24, Inclusionary Zoning.
Staff believes the proposed text amendments are consistent with the
Zoning Regulation's general purpose "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."
Staff believes the proposed text amendments are consistent with the
Zoning Regulation's specific purposes:
"3. To promote safe and efficient pedestrian and vehicular traffic
circulation and to lessen congestion in the streets.
4. To promote adequate and appropriately located off street
parking and loading facilities.
5. To conserve and maintain established community qualities and
economic values.
6. To encourage a harmonious, convenient, workable relationship
among land uses, consistent with municipal development
objectives.
11. To otherwise provide for the growth of an orderly and viable
community. "
Staff also believes the proposed text amendments are consistent with the
purposes of the Employee Housing, Commercial Linkage, and
Inclusionary Zoning chapters of the Zoning Regulations that state:
"12-13-1: Purpose: The town's economy is largely tourist based
and the health of this economy is premised on exemplary service
for Vail's guests. Vail's ability to provide such service is dependent
upon a strong, high quality and consistently available work force.
To achieve such a work force, the community must work to
provide quality living and working conditions. Availability and
affordability of housing plays a critical role in creating quality living
and working conditions for the community's work force. The town
recognizes a permanent, year round population plays an important
role in sustaining a healthy, viable community. Further, the town
recognizes its role in conjunction with the private sector in
ensuring housing is available."
1
"12-23-1: Purpose and Applicability: The purpose of this chapter is
to ensure that new commercial development and redevelopment
in the town provide for a reasonable amount of employee housing
to mitigate the impact on employee housing caused by such
commercial development and redevelopment."
"12-24-1: Purpose and Applicability: The purpose of this chapter is
to ensure that new residential development and redevelopment in
the town of Vail provide for a reasonable amount of employee
housing to mitigate the impact on employee housing caused by
such residential development and redevelopment."
2. The extent to which the text amendment would better implement and
better achieve the applicable elements of the adopted goals,
objectives, and policies outlined in the Vail Comprehensive Plan and
is compatible with the development objectives of the Town; and
As Commercial Linkage and Inclusionary Zoning only address a small
percentage of net new employees generated by new development and
redevelopment it is imperative that each development mitigate a portion
of its own employee housing requirements on-site. Looking into the
future there will be no alternatives to providing employee housing within
the Town of Vail.
As Staff began to analyze the five approved mitigation methods to
understand what modifications may be required to "equalize" the value of
each of the mitigation methods it became apparent that if the community
preferred on-site mitigation this was only going to be achieved by
requiring on-site mitigation. Initially Staff looked at small incremental
increases to each of the methods in order to create parity. Through
analysis it became apparent that ensuring on-site is the preferred
mitigation method and on-par with fee-in-lieu or other mitigation methods,
dramatic changes would be necessary and would likely still not create the
desired on-site mitigation outcome. A copy of this analysis has been
attached for reference (Attachment B).
In order to ensure on-site mitigation, the draft Ordinance reflects the
policy direction of the Housing Authority and the Commission that no less
than one-half (1/2) of the required mitigation be provided on-site for new
construction and demo-rebuilds. The draft Ordinance also weights the
remaining methods of mitigation to further incent on-site employee
housing mitigation.
To address developer's concerns about predictability, the proposed
amendments provide developers with the most predictable employee
housing review process possible. It clearly identifies and requires the
community's most valued employee housing mitigation method while
allowing relief from the requirement if:
16
• It would be contrary to the intent and purpose of the applicable
zone district;
• It would be contrary to the goals of the applicable elements of the
Vail Comprehensive Plan and the Town's development objectives;
or
• There are unique conditions or circumstances that exist on the site
or structure.
Codifying this specific on-site requirement creates a clear understanding
for developers of the Town's goals and expectations related to employee
housing mitigation. This specific requirement is also the most effective
and efficient means available to the Town to achieve its stated goal of
creating on-site employee housing mitigation units.
Based upon Staff's analysis comparing the various available mitigation
methods (see Attachment B), it does not appear that "weighting" the
various methods can effectively ensure developer will choose to construct
on-site units as desired by the Town. Given the assumptions in the
analysis, off-site mitigation would need to be weighted by increasing the
mitigation rate to more than 100% of the net new employees to effectively
incentivise developers to construct on-site units. Such a requirement
would be considered illegal, since mitigation can not be required for more
than any net new impact. Additionally, a solely incentive based regulation
would not provide developers with clear expectations related to employee
housing mitigation requirements.
To address the Commission's request for flexibility, a finding is proposed
to provide a developer relief from the on-site unit mitigation requirement.
• That the method of mitigation proposed better achieves the intent
of this Chapter than the on-site mitigation method.
Current employee housing regulations include two substantial bonuses to
developers for constructing on-site EHUs:
EHUs are excluded from the calculation of density (i.e. the
maximum allowable number of units per acre)
EHUs are excluded from the calculation of GRFA (i.e. the
maximum allowable floor area)
The Commission has requested additional incentives be provided
including: building bulk/mass incentives (i.e. increase in building height)
reductions in setbacks, increases in site coverage, etc. will conflict with
the Town's adopted master plans and the purposes of many zone
districts.
Staff believes allowing variations to the Town's adopted parking
standards for on-site EHUs will create substantial incentives for
developers to provide on-site employee housing units. A reduction in the
17
required parking for an on-site EHU is also consistent with the
recommendations of the Lionshead Redevelopment Master Plan.
The following is a list of additional incentive options for consideration;
however, Staff does not believe any of these options will have a
significant affect upon a developer's decision to construct on-site EHUs.
• Waivers of building permit fees related to on-site employee
housing units.
• Rebate of the Construction Use Tax related to the construction of
on-site employee housing units.
• Rebate of Planning Fees related to a development project that
provides on-site employee housing units.
• Waivers of the Recreation Fees related to on-site employee
housing units.
• Waivers of the Traffic Impact Fees generated by the on-site
employee housing units.
Staff believes the proposed text amendments would better implement and
better achieve the following adopted goals, objectives and policies of the
Vail Land Use Plan:
"5.1 Additional residential growth should continue to occur
primarily in existing, platted areas and as appropriate in new areas
where high hazards do not exist.
5.3 Affordable employee housing should be made available
through private efforts, assisted by limited incentives, provided by
the Town of Vail, with appropriate restrictions.
5.4 Residential growth should keep pace with the market place
demands for a full range of housing types.
5.5 The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community. "
Staff believes the proposed text amendments would better implement and
better achieve the following adopted goals, objectives and policies of the
Vail Village Master Plan:
"Goal #2: To foster a strong tourist industry and promote year-
around economic health and viability for the village and for the
community as a whole."
"2.6 Objective:
Encourage the development of affordable housing units
through the efforts of the private sector.
18
2.6.1 Policy:
Employee housing; units may be required as part of any
new or redevelopment project requesting density over that
allowed by existing zoning.
2.6.2 Policy:
Employee housing, shall be developed with appropriate
restrictions so as to insure their availability and affordability
to the local work force.
2.6.3 Policy:
The Town of Vail may facilitate in the development of
affordable housing by providing limited assistance. "
Staff believes the proposed text amendments would better implement and
better achieve the following adopted goals, objectives and policies of the
Lionshead Redevelopment Master Plan:
"4.1 Housing
Recent community surveys and grass-roots planning efforts such
as Vail Tomorrow have identified the lack of locals housing as the
most critical issue facing the Vail community.
4.8.4 Parking for Employee Housing
The unit-to-parking space ratio for employee housing should be
reduced to maximize the housing opportunities in west Lionshead.
During the master planning process, the Vail Town Council toured
several employee housing complexes in Keystone Resort that
averaged .25 cars per bed (one parking space per four-bed unit).
Most of these complexes at Keystone are removed from the core
and depend on a bus transit system to carry employees to and
from work. Yet, Keystone property managers have not observed
a parking shortage. Likewise, at the Rivers Edge employee
housing project in Avon, a parking ratio of .75 cars per bed has
been more than adequate and the parking lot is underutilized.
4.9.3 Policy Based Housing Opportunities
The first means of implementing housing goals in Lionshead is
through policy based requirements such as the employee
generation ordinance currently being pursued by the Vail Town
Council. As required by a future ordinance, all development and
redevelopment projects, as a prerequisite to project approval,
should provide housing for employees generated and to the extent
possible this housing should be located in the Lionshead area."
Staff believes the proposed text amendments would better implement and
better achieve the following adopted goals, objectives and policies of the
Vail 20/20 Strategic Plan:
19
"Land Use Goal #4: Provide for enough deed-restricted housing
for at least 30 percent of the workforce through policies,
regulations and publicly initiated development.
Actions/Strategies
• Update housing regulations to include more zone districts
that are required to provide employee housing.
• Redevelop Timber Ridge to increase number of employee
beds.
• Use employee housing fund for buy-downs and other
programs that will increase the number of employees living
within the town.
• Address the zoning regulations to provide more incentives
for developers to build employee housing units."
"Housing Goal: The Town of Vail recognizes the need for housing
as infrastructure that promotes community, reduces transit needs
and keeps more employees living in the town, and will provide for
enough deed-restricted housing for at least 30 percent of the
workforce through policies, regulations and publicly initiated
development.
Actions/Strategies:
• Research and propose next steps for strengthening the
town's inclusionary zoning and commercial linkage
policies, including requirements for more zone districts. "
Staff believes the proposed text amendments would better implement and
better achieve the following adopted goals, objectives and policies of the
Eagle County Housing Needs Assessment:
"Develop county-wide commercial linkage and inclusionary zoning
programs. Requiring employers to provide housing for employees
is supported by nearly 70% of the county's residents. Well over
half support requiring that a percentage of all new homes be
designated for employee housing.
Develop affordable housing throughout the county except for
seasonal workers, whose housing should be concentrated in Vail. "
The extent to which the text amendment demonstrates how
conditions have substantially changed since the adoption of the
subject regulation and how the existing regulation is no longer
appropriate or is inapplicable; and
Staff believes the proposed text amendments are a response to the
actual implementation of new regulations adopted in April, 2007. These
regulations allow developers full discretion to choose which existing
employee housing mitigation works best to their advantage. However,
the results of these existing regulations are not achieving the Town's
20
stated goals and priorities of creating additional on-site units. A system of
incentives, or disincentives, has been created to encourage the
construction of more on-site units. This approach further complicates the
Commercial Linkage and Inclusionary Zoning regulations and still does
not ensure the community will achieve its housing goals. Therefore, the
Housing Authority's recommendation that half the employee housing
mitigation requirement be provided on-site has been incorporated into the
draft Ordinance.
Staff believes the proposed text amendments are necessary to more
clearly state the community's goal of creating on-site employee housing
and are necessary to achieve this goal in a simple and direct manner.
4. The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations
consistent with municipal development objectives.
Employee Housing Units are allowed in 23 of the Town's 26 zone
districts. They are only prohibited in Heavy Service (the three existing
gas station sites) and two of the open space districts (Natural Area
Preservation District and Outdoor Recreation District). As permitted or
conditional uses, the construction of Employee Housing Units in these 23
zone districts is encouraged and is inherently consistent with the Town's
development objectives.
As described in criteria #1 and #2 above; employee housing requirements
in general and employee housing regulations specifically related to on-
site units are consistent with the goals and objectives of the Town's
Zoning Regulations, Land Use Plan, Vail Village Master Plan, Lionshead
Redevelopment Master Plan, 20/20 Strategic Plan, and the Eagle County
Housing Needs Assessment.
Staff believes the proposed text amendments will continue to facilitate
and provide a harmonious, convenient, workable relationship among land
use regulations that are consistent with the Town of Vail master plans and
development objectives.
5. Such other factors and criteria the Commission and/or Council
deem applicable to the proposed text amendment.
Staff has modified the draft Ordinance since the Commission's last public
hearing on February 25, 2008, to reflect input from the Housing Authority,
the Commission, and Staff.
21
VII. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission forwards a recommendation of approval of the text
amendments outlined in the attached Draft Ordinance No. 1, Series of 2008.
Should the Planning and Environmental Commission choose to recommend
approval of this request; Staff recommends the Commission pass the following
motion:
"The Planning and Environmental Commission forwards a
recommendation of approval of prescribed regulation amendments to
Chapters 12-13, Employee housing, 12-23, Commercial Linkage and 12-
24, Inclusionary Zoning, Vail Town Code, to establish standards and
criteria related to mitigating employee housing requirements, and setting
forth details in regard thereto. "
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed text
amendment, the Community Development Department recommends the
Commission makes the following findings:
"Based upon the review of the criteria outlined in Section VI of Staff's
March 10, 2008, memorandum and the evidence and testimony
presented, the Planning and Environmental Commission finds:
1. That the amendment is consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development
objectives of the Town; and
2. That the amendment furthers the general and specific purposes of the
Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town
Code; and
3. That the amendment promotes the health, safety, morals, and general
welfare of the Town and promotes the coordinated and harmonious
development of the Town in a manner that conserves and enhances
its natural environment and its established character as a resort and
residential community of the highest quality."
VIII. ATTACHMENTS
A. Draft Ordinance No. 1, Series of 2008
B. Mitigation Methods Analysis
22
Attachment A
DRAFT
ORDINANCE NO. 1
SERIES 2008
AN ORDINANCE AMENDING ARTICLES 12-6A, HILLSIDE
RESIDENTIAL DISTRICT; 12-6B, SINGLE-FAMILY RESIDENTIAL
DISTRICT; 12-6C, TWO-FAMILY RESIDENTIAL DISTRICT; 12-6D,
TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL DISTRICT; 12-
6E, RESIDENTIAL CLUSTER DISTRICT; 12-6F, LOW DENSITY
MULTIPLE-FAMILY DISTRICT; 12-6G, MEDIUM DENSITY MULTIPLE-
FAMILY DISTRICT; 12-6H, HIGH DENSITY MULTIPLE-FAMILY
DISTRICT; 12-61, HOUSING DISTRICT; 12-7A, PUBLIC
ACCOMMODATION DISTRICT; 12-7B, COMMERCIAL CORE 1
DISTRICT; 12-7C, COMMERCIAL CORE 2 DISTRICT; 12-7D,
COMMERCIAL CORE 3 DISTRICT; 12-7E, COMMERCIAL SERVICE
CENTER; 12-7F, ARTERIAL BUSINESS DISTRICT; 12-7H,
LIONSHEAD MIXED USE 1 DISTRICT; LIONSHEAD MIXED USE 2
DISTRICT; 12-7J, PUBLIC ACCOMMODATION 2 DISTRICT; 12-8A,
AGRICULTURAL AND OPEN SPACE DISTRICT; 12-8D, SKI
BASE/RECREATION DISTRICT; 12-8E, SKI BASE/RECREATION 2
DISTRICT; 12-9B, PARKING DISTRICT; 12-9C, GENERAL USE;,
CHAPTER 12-13, EMPLOYEE HOUSING, CHAPTER 12-23,
COMMERCIAL LINKAGE, AND CHAPTER 12-24, INCLUSIONARY
ZONING, AND SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, on March 10, 2008, the Planning and Environmental Commission of
the Town of Vail held a public hearing and reviewed and forwarded a recommendation of
for the proposed text amendments to the Zoning Regulations to the Vail Town
Council in accordance with the procedures and criteria and findings outlined in Chapter
12-3 of the Zoning Regulations of the Town of Vail; and,
WHEREAS, the Town Council finds and determines the provisions of Chapter
12-23, Commercial Linkage and Chapter 12-24, Inclusionary Zoning, Vail Town Code,
must be amended to clarify the basis on which Employee Housing Plans shall be
reviewed; and,
WHEREAS, the Town Council finds and determines that the amendments are
consistent with the applicable elements of the adopted goals, objectives and policies
outlined in the Vail Comprehensive Plan and is compatible with the development
objectives of the Town, based upon Section VI of the Staff memorandum to the Planning
and Environmental Commission dated March 10, 2008, and the evidence and testimony
presented; and,
WHEREAS, the Town Council finds and determines that the amendments further
the general and specific purposes of the Zoning Regulations, based upon Section VI of
the Staff memorandum to the Planning and Environmental Commission dated March 10,
2008, and the evidence and testimony presented; and,
23
WHEREAS, the Town Council finds and determines that the amendments
promote the health, safety, morals, and general welfare of the Town and promote the
coordinated and harmonious development of the Town in a manner that conserves and
enhances its natural environment and its established character as a resort and
residential community of the highest quality, based upon Section VI of the Staff
memorandum dated March 10, 2008,
WHEREAS, the Town Council finds and determines that the public health, safety,
and welfare will be served by these adopting regulations, based upon Section VI of the
Staff memorandum to the Planning and Environmental Commission dated March 10,
2008, and the evidence and testimony presented.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Article 12-6A, Hillside Residential District, of the Vail Town Code
is hereby amended as follows (text to be deleted is in s#~, text that is to be
added is bold. Sections of text that are not amended have been omitted.)
12-6A-2: PERMITTED USES:
The following uses shall be permitted in the HR district:
Single-family residential dwellings.
Employee Housing Units, as further regulated
by chapter 13 of this title.
"
Section 2. Article 12-6B, Single Family Residential District, of the Vail Town
Code is hereby amended as follows (text to be deleted is in st~+l~, text that is to
be added is bold. Sections of text that are not amended have been omitted.)
12-68-2: PERMITTED USES:
The following uses shall be permitted in the SFR district:
Single-family residential dwellings.
~9-ll Employee Housing Units, as further regulated
by chapter 13 of this title.
T,.no /l/ omnln,.oo hn~,nfnly ~ nSn n f„rhhor ror~Jn*o.-J h.. nhnnfor 7 Z of *h!n f!*lo
Section 3. Article 12-6C, Two-Family Residential District, of the Vail Town
Code is hereby amended as follows (text to be deleted is in s#+l~xe, text that is to
be added is bold. Sections of text that are not amended have been omitted.)
12-6C-2: PERMITTED USES:
The following uses shall be permitted in the R district:
Single-family residential dwellings.
Two-family residential dwellings.
~e--I Employee Housing Units, as further regulated
by chapter 13 of this title.
24
Section 4. Article 12-6D, Two-Family Primary/Secondary Residential District,
of the Vail Town Code is hereby amended as follows (text to be deleted is in
s#+Ire~xe~+#, text that is to be added is bold. Sections of text that are not amended
have been omitted.)
12-6D-2: PERMITTED USES:
The following uses shall be permitted:
Single-family residential dwellings.
Two-family residential dwellings.
~a--I Employee Housing Units, as further regulated
by chapter 13 of this title.
T,.n° 1l ° nl°..°° h°. ~nfnr, , nlfn n f, ,.-fh°r r°r,, ,ll,f°r! h,. nhn.~*°r ~ ~ °f +hln +Ifl°
Section 5. Article 12-6E, Residential Cluster District, of the Vail Town Code is
hereby amended as follows (text to be deleted is in °*~~/~, text that is to be added
is bold. Sections of text that are not amended have been omitted.)
12-6E-2: PERMITTED USES:
The following uses shall be permitted in the RC district:
Multiple-family residential dwellings, including attached or row dwellings and
condominium dwellings with no more than four (4) units in any new building.
Single-family residential dwellings.
Two-family residential dwellings.
I~ Employee Housing Units, as further regulated by chapter 13 of this title.
12-6E-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the RC district, subject to
issuance of a conditional use permit in accordance with the provisions of chapter
16 of this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Business offices, as further regulated by subsection 12-16-7A 13 of this title.
Dog kennels.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Private clubs.
Professional office, as further regulated by subsection 12-16-7A13 of this title.
Public buildings, grounds and facilities.
Public or private schools.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Section 6. Article 12-6F, Low Density Multiple-Family District, of the Vail
Town Code is hereby amended as follows (text to be deleted is in st~+l~, text that
is to be added is bold. Sections of text that are not amended have been omitted.)
12-6F-2: PERMITTED USES:
The following uses shall be permitted in the LDMF district:
2
Multiple-family residential dwellings, including attached or row dwellings and
condominium dwellings.
Single-family residential dwellings.
Two-family residential dwellings.
Employee Housing Units, as further regulated by chapter 13 of this title
12-6F-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the LDMF district, subject to
issuance of a conditional use permit in accordance with the provisions of chapter
16 of this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Dog kennels.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Private clubs.
Public and private schools.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Section 7. Article 12-6G, Medium Density Multiple-Family District, of the Vail
Town Code is hereby amended as follows (text to be deleted is in °+.-„'~„~-~;g", text that
is to be added is bold. Sections of text that are not amended have been omitted.)
12-6G-2: PERMITTED USES:
The following uses shall be permitted in the LDMF district:
Multiple-family residential dwellings, including attached or row dwellings and
condominium dwellings.
Single-family residential dwellings.
Two-family residential dwellings.
Employee Housing Units, as further regulated
by chapter 13 of this title.
12-6G-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the LDMF district, subject to
issuance of a conditional use permit in accordance with the provisions of chapter
16 of this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Dog kennels.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Private clubs.
Public and private schools.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
26
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Section 8. Article 12-6H, High Density Multiple-Family District, of the Vail
Town Code is hereby amended as follows (text to be deleted is in °*~~'~~, text that
is to be added is bold. Sections of text that are not amended have been omitted.)
12-6H-2: PERMITTED USES:
The following uses shall be permitted in the HDMF district:
Lodges, including accessory eating, drinking, recreational or retail
establishments, located within the principal use and not occupying more than ten
percent (10%) of the total gross residential floor area (GRFA) of the main
structure or structures on the site; additional accessory dining areas maybe
located on an outdoor deck, porch, or terrace.
Multiple-family residential dwellings, including attached or row dwellings and
condominium dwellings.
,fie-~b~ ~ Employee Housing Units, as further regulated
by chapter 13 of this title.
12-6H-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the HDMF district, subject to
issuance of a conditional use permit in accordance with the provisions of chapter
16 of this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Dog kennels.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Private clubs and civic, cultural and fraternal organizations.
Private parking structures.
Private unstructured parking.
Public and private schools.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public parking structures.
Public transportation terminals.
Public unstructured parking.
Public utility and public service uses.
Religious institutions.
Ski lifts and tows.
Timeshare units.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Section 9. Article 12-61, Housing District, of the Vail Town Code is hereby
amended as follows (text to be deleted is in s#+1~, text that is to be added is
bold. Sections of text that are not amended have been omitted.)
12-61-2: PERMITTED USES:
The following uses shall be permitted in the H district:
Bicycle and pedestrian paths.
27
#+tle- Employee Housing Units, as further regulated by Chapter 13 of this
Title.
Passive outdoor recreation areas, and open space.
12-61-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the H district, subject to
issuance of a conditional use permit in accordance with the provisions of chapter
16 of this title:
Commercial uses which are secondary and incidental (as determined by the
planning and environmental commission) to the use of employee housing and
specifically serving the needs of the residents of the development, and developed
in conjunction with employee housing, in which case the following uses maybe
allowed subject to a conditional use permit:
Banks and financial institutions.
Business offices and professional offices as further regulated by section 12-16-7
of this title.
Child daycare facilities.
Eating and drinking establishments.
Funiculars and other similar conveyances.
Health clubs.
Personal services, including, but not limited to, Laundromats, beauty and barber
shops, tailor shops, and similar services.
Retail stores and establishments.
Dwelling units (not employee housing units) subject to the following criteria to be
evaluated by the planning and environmental commission:
A. Dwelling units are created solely for the purpose of subsidizing employee
housing on the property, and
8. Dwelling units are not the primary use of the property. The GRFA for
dwelling units shall not exceed thirty percent (30%) of the total GRFA
constructed on the property, and
C. Dwelling units are only created in conjunction with employee housing, and
D. Dwelling units are compatible with the proposed uses and buildings on the
site and are compatible with buildings and uses on adjacent properties.
Outdoor patios.
Public and private schools.
Public buildings, grounds and facilities.
Public parks and recreational facilities.
Public utilities installations including transmission lines and appurtenant
equipment.
,zy{~e-mil ~ Employee Housing Units, as further regulated
by chapter 13 of this title.
Section 10. Article 12-7A, Public Accommodation District, of the Vail Town
Code is hereby amended as follows (text to be deleted is in s#+1~, text that is to
be added is bold. Sections of text that are not amended have been omitted.)
12-7A-2: PERMITTED USES:
The following uses shall be permitted in the PA district:
28
Lodges, including accessory eating, drinking, or retail establishments located
within the principal use and not occupying more than ten percent (10%) of the
total gross residential floor area of the main structure or structures on the site;
additional accessory dining areas maybe located on an outdoor deck, porch, or
terrace.
T"^° "' °m^'^~~°° "^~~°~^^ ~ ^~~° Employee Housing Units, as further regulated
by chapter 13 of this title.
12-7A-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the PA district, subject to
issuance of a conditional use permit in accordance with the provisions of chapter
16 of this title:
Bed and breakfasts, as further regulated by section 12-14-18 of this title.
Fractional fee club units as further regulated by subsection 12-16-7A8 of this title.
Healthcare facilities.
Lodges, including accessory eating, drinking, or retail establishments located
within the principal use and occupying between ten percent (10%) and fifteen
percent (15%) of the total gross residential floor area of the main structure or
structures on the site.
Major arcades.
Private clubs and civic, cultural and fraternal organizations.
Private parking structures.
Private unstructured parking.
Professional and business offices.
Public and private schools.
Public buildings, grounds and facilities.
Public parking structures.
Public parks and recreational facilities.
Public transportation terminals.
Public unstructured parking.
Public utility and public service uses.
Religious institutions.
Ski lifts and tows.
Theaters and convention facilities.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Section 11. Article 12-7B, Commercial Core 1 District, of the Vail Town Code
is hereby amended as follows (text to be deleted is in s#~h, text that is to be
added is bold. Sections of text that are not amended have been omitted.)
12-78-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN
LEVEL:
B.Permitted Uses: The following uses shall be permitted in basement or
garden levels within a structure:
8. 4~e-~6~ employee housing units, as further regulated by chapter 13 of this
title.
29
12-78-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET
LEVEL:
8. Permitted Uses: The following uses shall be permitted on the first floor or
street level within a structure:
4 ~e-~I~ °m^'^~~°° "^~~° ^~+° Employee Housing Units, as further
regulated by chapter 13 of this title.
12-78-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR:
A.Permitted Uses; Exception: The following uses shall be permitted on the
second floor above grade within a structure; provided, however, that a
conditional use permit will be required in accordance with chapter 16 of this
title for any use which eliminates any existing dwelling or accommodation unit
or any portion thereof.
8. ~e-~6~ Employee Housing Units, as further
regulated by chapter 13 of this title.
8. Conditional Uses: The following uses shall be permitted on second floors
above grade, subject to the issuance of a conditional use permit in
accordance with the provisions of chapter 16 of this title:
Dog kennels.
Electronics sales and repair shops.
Household appliance stores.
Liquor stores.
Luggage stores.
Meeting rooms.
Outdoor patios.
Theaters.
Employee Housing Units, as further regulated by Chapter 13 of this
Title.
12-78-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR:
A. Permitted Uses: The following uses shall be permitted on any floor above
the second floor above grade:
Lodges.
Multiple-family residential dwellings.
°m^'^~~°° "^~~° ^~+° Employee Housing Units, as further
regulated by chapter 13 of this title.
B.Conditional Uses: The following uses shall be permitted on any floor above
the second floor above grade, subject to the issuance of a conditional use
permit in accordance with the provisions of chapter 16 of this title. Any
permitted or conditional use which eliminates any existing dwelling or
accommodation unit, or any portion thereof, shall require a conditional use
permit. Such uses may include:
8. ~y{32-ICI °.,,,,i„„°° ".,,~~;.,,,, , .,~+~ icu~ n ~ „r,~°,~ ;~ ,."~„+°,- ~~ „f+"~~
fif~Employee Housing Units, as further regulated by Chapter 13 of this
Title.
30
Section 12. Article 12-7D, Commercial Core 3 District, of the Vail Town Code
is hereby amended as follows (text to be deleted is in s#+I~, text that is to be
added is bold. Sections of text that are not amended have been omitted.)
12-7D-1: PERM/ TIED USES:
The following uses shall be permitted in the commercial core 3 district:
Banks and financial institutions.
Eating and drinking establishments, including the following:
Cocktail lounges and bars.
Coffee shops.
Fountain and sandwich shops.
Restaurants.
Health clubs.
Personal services and repair shops, including the following:
Beauty and barber shops.
Business and office services.
Cleaning and laundry pick up agencies without bulk cleaning or dyeing.
Laundromats.
Shoe repair.
Small appliance repair shops, excluding furniture repair.
Tailors and dressmakers.
Travel and ticket agencies.
Professional offices, business offices, and studios.
Retail stores and establishments without limit as to floor area including the
following:
Apparel stores.
Art supply stores and galleries.
Auto parts stores.
Bakeries and confectioneries, preparation of products for sale on the
premises.
Bookstores.
Building materials stores without outdoor storage.
Camera stores and photographic studios.
Candy stores.
Chinaware and glassware stores.
Delicatessens and specialty food stores.
Department and general merchandise stores.
Drugstores.
Electronics sales and repair shops.
Florists.
Food stores.
Furniture stores.
Gift shops.
Hardware stores.
Health food stores.
Hobby stores.
Household appliance stores.
Jewelry stores.
Leather goods stores.
Liquor stores.
31
Music and record stores.
Newsstands and tobacco stores.
Photographic studios.
Radio and television broadcasting studios.
Sporting goods stores.
Stationery stores.
Supermarkets.
Toy stores.
Variety stores.
Yardage and dry goods stores.
,fie-~6~ ~ Employee Housing Units, as further
regulated by chapter 13 of this title.
Additional offices, business, or services determined to be similar to permitted
uses in accordance with the provisions of this section.
12-7D-2: CONDITIONAL USES:
The following conditional uses shall be permitted in the commercial core 3
district, subject to issuance of a conditional use permit in accord with the
provisions of chapter 16 of this title:
Any use permitted by section 12-7D-1 of this article which is not conducted
entirely within a building.
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Brew pubs.
Child daycare center.
Commercial laundry and cleaning services, bulk plant.
Commercial storage.
Dog kennels.
Drive-up facilities.
Major arcades.
Massage parlors.
Outside car wash.
Pet shops.
Public buildings, grounds, and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Radio and television signal relay transmission facilities.
Theaters, meeting rooms, and convention facilities.
Transportation businesses.
Employee Housing Units, as further regulated by Chapter 13 of this
Title.
Section 13. Article 12-7E, Commercial Service Center District, of the Vail
Town Code is hereby amended as follows (text to be deleted is in st~+l~, text that
is to be added is bold. Sections of text that are not amended have been omitted.)
12-7E-3: PERM/ TTED USES:
The following uses shall be permitted in the CSC district:
32
Banks and financial institutions.
Eating and drinking establishments, including the following:
Bakeries and delicatessens with food service.
Cocktail lounges and bars.
Coffee shops.
Fountains and sandwich shops.
Restaurants.
Personal services and repair shops, including the following:
Beauty and barber shops.
Business and office services.
Cleaning and laundry pick up agencies without bulk cleaning or dyeing.
Laundromats.
Small appliance repair shops, excluding furniture repair.
Tailors and dressmakers.
Travel and ticket agencies.
Professional oftces, business offices, and studios.
Retail stores and establishments without limit as to floor area including the
following:
Apparel stores.
Art supply stores and galleries.
Bakeries and confectioneries, including preparation of products for sale on
the premises.
Bookstores.
Building materials stores without outdoor storage.
Camera stores and photographic studios.
Candy stores.
Chinaware and glassware stores.
Delicatessens and specialty food stores.
Department and general merchandise stores.
Drugstores.
Electronics sales and repair shops.
Florists.
Food stores.
Furniture stores.
Gift shops.
Hardware stores.
Hobby stores.
Household appliance stores.
Jewelry stores.
Leather goods stores.
Liquor stores.
Luggage stores.
Music and record stores.
Newsstands and tobacco stores.
Pet shops.
Photographic studios.
Radio and television broadcasting studios.
Sporting goods stores.
Stationery stores.
Supermarkets.
Toy stores.
33
Variety stores.
Yardage and dry goods stores.
Additional offices, businesses, or services determined to be similar to
permitted uses in accordance with the provisions of section 12-7E-2 of this
article.
Employee housing units as further regulated in Chapter 13 of this Title.
12-7E-4: CONDITIONAL USES:
The following conditional uses shall be permitted in the CSC district, subject to
issuance of a conditional use permit in accordance with the provisions of chapter
16 of this title:
Any use permitted by section 12-7E-3 of this article, which is not conducted
entirely within a building.
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Bowling alley.
Brew pubs.
Child daycare centers.
Commercial laundry and cleaning services.
Dog kennels.
Major arcades.
Multiple-family residential dwellings and lodges.
Outdoor operation of the accessory uses as set forth in section 12-7E-5 of
this article.
Private clubs.
Private parking structures.
Private unstructured parking.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Theaters, meetings rooms, and convention facilities.
Title-Employee Housing Units, as further regulated by Chapter 13 of
this Title.
Section 14. Article 12-7F, Arterial Business District, of the Vail Town Code is
hereby amended as follows (text to be deleted is in °*~~'~~, text that is to be added
is bold. Sections of text that are not amended have been omitted.)
12-7F-3: PERMITTED USES:
The following uses shall be permitted in the arterial business district:
Eating and drinking establishments, as follows, are permitted on the first
(street) level:
Cocktail lounges and bars.
Coffee shops, fountains, sandwich shops and restaurant.
Personal services and repair shops, as follows, are deemed to be generally
accessory and/or supportive of office uses and shall be permitted on the first
(street) level:
Beauty and barber shops.
Shoe repair.
Tailors and dressmakers.
3=1
Travel and ticket agencies.
Professional offices, business offices and studios.
Radio and television broadcasting studios.
Retail stores and establishments, as follows, are deemed to be generally
accessory and/or supportive of office uses and are therefore permitted so
long as they do not exceed eight thousand (8, 000) square feet in floor area
for each such business use and so long as they are located on the first
(street) level:
Art supply stores.
Bookstores.
Drugstores.
Florists.
Newsstands.
Stationery stores.
Tobacco stores.
Additional offices, businesses or services determined to be similar to
permitted uses in accordance with the provisions of section 12-7F-1 of this
article.
Employee Housing Units, as further regulated by Chapter 13 of this
Title.
12-7F-4: CONDITIONAL USES:
A.Enumerated: The following conditional uses shall be permitted in the arterial
business district, subject to the issuance of a conditional use permit in
accordance with the provisions of chapter 16 of this title:
Any use permitted by section 12-7F-3 of this article, which is not conducted
entirely within a building.
Bed and breakfasts as further provided by section 12-14-18 of this title.
Brew pubs.
Child daycare centers.
Microbreweries.
Private unstructured parking.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public services uses, including screened outside storage.
Service yards.
Transportation businesses.
Employee Housing Units, as further regulated by Chapter 13 of this
Title.
Section 15. Article 12-7H, Lionshead Mixed Use 1 District, of the Vail Town
Code is hereby amended as follows (text to be deleted is in s#+1~, text that is to
be added is bold. Sections of text that are not amended have been omitted.)
12-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN
LEVEL:
B.Permitted Uses: The following uses shall be permitted in basement or
garden levels within a structure:
3
Banks and financial institutions.
Child daycare centers.
Commercial ski storage.
Eating and drinking establishments.
Personal services and repair shops.
Professional offices, business offices and studios.
Public or private lockers and storage.
Recreation facilities.
Retail establishments.
Skier ticketing, ski school and skier services.
Travel and ticket agencies.
~e-~1~ °m^'^~~°° "^~~° ^~*° Employee Housing Units, as further
regulated by chapter 13 of this title.
Additional uses determined to be similar to permitted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET
LEVEL:
B.Permitted Uses: The following uses shall be permitted on the first floor or
street level within a structure:
Banks, with walk-up teller facilities.
Child daycare centers.
Eating and drinking establishments.
Recreation facilities.
Retail stores and establishments.
Skier ticketing, ski school and skier services.
Travel and ticket agencies.
I~ ~ Employee Housing Units, as further
regulated by chapter 13 of this title.
Additional uses determined to be similar to permitted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND
ABOVE:
A.Permitted Uses; Exception: The following uses shall be permitted on those
floors above the first floor within a structure:
Accommodation units.
Attached accommodation units.
Lodges.
Multiple-family residential dwelling units, timeshare units, fractional fee clubs,
lodge dwelling units, and
,fie-~b~ Employee Housing Units, as further
regulated by chapter 13 of this title.
Additional uses determined to be similar to permitted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
Section 16. Article 12-71, Lionshead Mixed Use 2 District, of the Vail Town
Code is hereby amended as follows (text to be deleted is in °*r~'~~ text that is to
be added is bold. Sections of text that are not amended have been omitted.)
36
12-71-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN
LEVEL:
8. Permitted Uses: The following uses shall be permifted in basement or garden
levels within a structure:
Banks and financial institutions.
Child daycare centers.
Commercial ski storage.
Eating and drinking establishments.
Personal services and repair shops.
Professional offices, business offices and studios.
Public or private lockers and storage.
Recreation facilities.
Retail establishments.
Skier ticketing, ski school and skier services.
Travel and ticket agencies.
~e-~6~ Employee Housing Units, as further
regulated by chapter 13 of this title.
Additional uses determined to be similar to permitted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
12-71-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET
LEVEL:
8. Permitted Uses: The following uses shall be permitted on the first floor or street
level within a structure:
Banks, with walk-up teller facilities.
Child daycare centers.
Eating and drinking establishments.
Recreation facilities.
Retail stores and establishments.
Skier ticketing, ski school and skier services.
Travel and ticket agencies.
V Employee Housing Units, as further
regulated by chapter 13 of this title.
Additional uses determined to be similar to permitted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
12-71-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND
ABOVE:
A. Permitted Uses; Exception: The following uses shall be permitted on those
floors above the first floor within a structure:
Lodges and accommodation units.
Multiple-family residential dwelling units, timeshare units, fractional fee clubs,
lodge dwelling units, and
V Employee Housing Units, as further
regulated by chapter 13 of this title.
Additional uses determined to be similar to permitted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
37
Section 17. Article 12-8A, Agriculture and Open Space District, of the Vail
Town Code is hereby amended as follows (text to be deleted is in st~+l~, text that
is to be added is bold. Sections of text that are not amended have been omitted.)
12-8A-3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a
conditional use permit in accordance with the provisions of chapter 16 of this title:
Any use within public parks, recreation areas, and open spaces which involves
assembly of more than two hundred (200) persons together in one building or
group of buildings, or in one recreation area or other public recreational facility.
Cemeteries.
Low power subscription radio facilities.
Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges.
Public and private schools.
Religious institutions.
Semipublic and institutional uses, such as convents and religious retreats.
Ski lifts and tows.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Section 18. Article 12-8D, Ski Base Recreation District, of the Vail Town Code
is hereby amended as follows (text to be deleted is in °*r~'~~ text that is to be
added is bold. Sections of text that are not amended have been omitted.)
12-8D-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the ski base/recreation
district, subject to the issuance of a conditional use permit in accordance with the
provisions of chapter 16 of this title:
Addition or expansion of storage buildings for mountain equipment.
Additions or expansions of public or private parking structures or spaces.
Bed and breakfast as further regulated by section 12-14-18 of this title.
Child daycare center.
Food and beverage cart vending.
Public, private orquasi-public clubs.
Recreation room/minor arcade.
Redevelopment of public parks, playgrounds.
Redevelopment of ski lifts and tows.
Redevelopment of ski racing facilities.
Redevelopment of water storage extraction and treatment facilities.
Seasonal structures to accommodate athletic, cultural, or educational activities.
Summer outdoor storage for mountain equipment.
Summer seasonal community offices and programs.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Section 19. Article 12-8E, Ski Base Recreation 2 District, of the Vail Town
Code is hereby amended as follows (text to be deleted is in s#+I~, text that is to
be added is bold. Sections of text that are not amended have been omitted.)
12-8E-3: CONDITIONAL USES:
38
The following conditional uses shall be permitted in the ski base/recreation 2
district, subject to the issuance of a conditional use permit in accordance with the
provisions of chapter 16 of this title:
Brew pubs.
Fractional fee units.
Outdoor dining decks and patios.
Private and public clubs.
Public utility and public service uses.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Additional uses determined to be similar to conditional or permitted uses
described in this chapter, in accordance with the provisions of section 12-3-4 of
this title.
Section 20. Article 12-9B, Parking District, of the Vail Town Code is hereby
amended as follows (text to be deleted is in s#+1~, text that is to be added is
bold. Sections of text that are not amended have been omitted.)
12-98-3: CONDITIONAL USES:
The following conditional uses shall be permitted subject to issuance of a
conditional use permit in accordance with the provisions of chapter 16 of this title:
Major arcades.
Parks and recreational facilities.
Private or public off street vehicle parking structures.
Public uses, private office and commercial uses that are transportation, tourist or
town related and that are accessory to a parking structure.
Temporary construction staging sites. For the purposes of this section, a
"temporary construction staging site" shall mean a site on which, for a temporary
period of time, construction materials, heavy construction equipment, vehicles
and construction trailers maybe stored.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Section 21. Article 12-9C, General Use District, of the Vail Town Code is
hereby amended as follows (text to be deleted is in °*~~' text that is to be added
is bold. Sections of text that are not amended have been omitted.)
12-9C-3: CONDITIONAL USES:
A.Generally: The following conditional uses shall be permitted in the GU district,
subject to issuance of a conditional use permit in accordance with the
provisions of chapter 16 of this title:
Child daycare centers.
Equestrian trails.
Golf courses.
Healthcare facilities.
Helipad for emergency and/or community use.
Major arcades.
Plant and tree nurseries, and associated structures, excluding the sale of
trees or other nursery products, grown, produced or made on the premises.
Public and private parks and active outdoor recreation areas, facilities and
uses.
Public and private schools.
39
Public and quasi-public indoor community facilities.
Public buildings and grounds.
Public parking structure.
Public theaters, meeting rooms and convention facilities.
Public tourist/guest service related facilities.
Public transportation terminals.
Public unstructured parking.
Public utilities installations including transmission lines and appurtenant
equipment.
Religious institutions.
Seasonal structures or uses to accommodate educational, recreational or
cultural activities.
Ski lifts, tows and runs.
Employee Housing Units, as further regulated by Chapter 13 of this
Title.
Water and sewage treatment plants.
Section 22. Section 12-13-4, Employee Housing, of the Vail Town Code is
hereby amended as follows (text to be deleted is in °+~~' text that is to be added
is bold. Sections of text that are not amended have been omitted.)
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Section 23. Chapter 12-23, Commercial Linkage, of the Vail Town Code is
hereby amended as follows (text to be deleted is in s#+l~xs, text that is to be added
is bold):
12-23-1: PURPOSE AND APPLICABILITY:
A. The purpose of this Chapter is to ensure that new
commercial development and redevelopment in the Town provide for a
reasonable amount of employee housing to mitigate the impact on
employee housing caused by such commercial development and
redevelopment.
8. Except as provided in Section 12-23-5, this Chapter shall
apply to all new commercial development and redevelopment located
within the following zone districts:
1. High Density Multiple Family (HDMF);
2. Public Accommodation (PA);
3. Public Accommodation 2 (PA2);
4. Commercial Core 1 (CC1);
5. Commercial Core 2 (CC2);
6. Commercial Core 3 (CC3);
7. Commercial Service Center (CSC);
8. Arterial Business (ABD);
9. General Use (GU);
10. Heavy Service (HS);
11. Lionshead Mixed Use 1 (LMU1);
12. Lionshead Mixed Use 2 (LMU2);
13. Ski Base/Recreation (SBR);
14. Ski Base/Recreation 2 (SBR2);
15. Parking District (P); and
16. Special Development (SDD).
C. The requirements of this Chapter shall be in addition to all
other requirements of this Code.
4
D. When any provision of this Chapter conflicts with any other
provision of this Code, the provision of this Chapter shall control.
12-23-2: EMPLOYEE GENERATION AND MITIGATION RATES:
A. The employee generation rates found in Table 23-1,
Employee Generation Rates by Type of Commercial Use, shall be
applied to each type of use in a commercial development. For any use
not listed, the Administrator shall determine the applicable employee
generation rate by consulting the Town's current nexus study.
TABLE 23-1
EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE
Type of Use Employee Generation Rates
Retail Store/Personal 2.4 Employees per 1, 000 feet of new
Service/Repair Shop net floor area
Business Office and Professional 3.2 Employees per 1, 000 feet of new
Office (excluding Real Estate net floor area
Office)
Accommodation Unit/Limited
Service Lodge Unit
Real Estate Office
Eating and Drinking
Establishment
Conference Facility
Health Club
Spa
0.7 Employees per net new units
5.1 Employees per 1, 000 feet of new
net floor area
6.75 Employees per 1,000 feet of
new net floor area
0.8 Employees per 1, 000 feet of new
net floor area
0.96 Employees per 1,000 feet of
new net floor area
2.1 Employees per 1, 000 feet of new
net floor area
8. If an applicant submits competent evidence that the
employee generation rates contained in Table 23-1 or the nexus study do
not accurately reflect the number of employees generated by the
proposed commercial development or redevelopment and the
Administrator finds that such evidence warrants a deviation from those
employee generation rates, the Administrator shall allow for such a
deviation as the Administrator deems appropriate.
46
Each commercial development or redevelopment shall mitigate its
impact on employee housing by providing EHUs for °
a~the employees generated, pursuant to Table 23-1, or the nexus study,
in accordance with the requirements of this Chapter at the following
rates:
1. On-site Units: 20% of the employees generated.
2. Conveyance of Property On-Site: 20% of the employees
generated.
3. Off-Site Units: 100% of the employees generated.
4. Payments of Fee in Lieu: 25% of the employees generated.
5. Conveyance of Property Off-Site: 20% of the employees
generated.
as~elle-ws:
7F S27ti In~.oon *o.-J O/_ -v-v rc
-r~v~r~i~i°v4"~9~"rvyvv~~l°"°vnvrcRr' vr~~f
For example, ademo/rebuild development project proposes 2,500
square feet of net new floor area for an eating and drinking
establishment, 10,000 square feet of net new retail floor area, and
1,000 square feet of net new real estate office floor area. The
following calculations determine the total employee generation for
the new uses:
Eating and Drinking Establishment:
((2,500 square feet _ 1,000 square feet] x (6.75]) = 16.88
new employees generated
Retail:
((10,000 square feet _ 1,000 square feet] x (2.4]) = 24.00
new employees generated
Real Estate Office:
((1,000 square feet _ 1,000 square feet] x (5.1]) = 5.1
new employees generated
Total: 45.98 new employees generated
~7
The developer must mitigate at least 22.99 new employees
(i.e. half the total net new employees) with on-site units and may
mitigate the remaining 22.99 new employees through any
combination of the approved methods. For example, if this
developer chose to mitigate 22.99 employees on-site, 20 off-site, and
2.99 through fee-in-lieu (for a total of 45.98 employees), the
calculations would be as follows:
On-site Units:
22.99 of 45.98 net new employees x 20% mitigation
rate = 4.60 employees to be housed on-site.
Off-site Units:
20 of 45.98 net new employees x 100% mitigation rate
= 20 employees to be housed off-site.
Payment of Fee-in-Lieu:
2.99 of 45.98 net new employees x 25% mitigation rate
= 0.75 employees to be mitigated by a payment of fee-
in-lieu.
12-23-3: SIZE AND BUILDING REQUIREMENTS:
A. Table 23-2, Size of Employee Housing Units, establishes
the minimum size of EHUs and the number of employees that can be
housed in each. All EHUs shall meet or exceed the minimum size
requirements.
TABLE 23-2
SIZE OF EMPLOYEE HOUSING UNITS
Type of Unit Minimum Size Number of
(GRFA) Employees Housed
Dormitory 250 1
Studio 438 1.25
One-Bedroom 613 1.75
Two-Bedroom 788 2.25
Three or More - 1,225 3.5
Bedroom
48
8. Every EHU shall contain a kitchen facility or kitchenette
and a bathroom.
C. All trash facilities shall be enclosed.
D. Parking shall be provided in accordance with
Chapter 10 of this Title.
1. Exception for on-site units: At the discretion of the
governing body, variations to the parking standards outlined in
Chapter 10 of this Title may be approved during the review of an
employee housing plan subject to a parking management plan. The
parking management plan may be approved by the governing body
and may provide for a reduction in the parking requirements for on-
site units based on a demonstrated need for fewer parking spaces
than Chapter 10 of this Title would require. For example, a
demonstrated need for a reduction in the required parking could
include:
a. Proximity or availability of alternative modes of
transportation including, but not limited to, public transit
or shuttle services.
b. A limitation placed in the deed restrictions limiting the
number of cars for each unit.
c. A demonstrated permanent program including, but not
limited to, rideshare programs, car-share programs,
shuttle service, or staggered work shifts.
E. Each EHU shall have its own entrance. There shall be no
interior access from any EHU to any dwelling unit to which it may be
attached.
12-23-4: REDEVELOPMENT.
Employee housing impacts need only be mitigated for a
redevelopment that results in a greater number of employees generated
from an increase in net floor area, or an increase in the number of
accommodation units or limited service lodge units in the redevelopment;
provided however, that if any existing EHUs are to be removed, an equal
~9
amount of EHUs shall be replaced in addition to the other requirements of
this Chapter.
12-23-5: EXEMPTIONS:
The following shall be exempt from this Chapter:
1. The redevelopment of existing commercial development, if
no new net floor area, accommodation units, or limited service lodge units
are created; and
2. The construction of EHUs.
12-23-6: METHODS OF MITIGATION:
A. For all new construction and demo/rebuild projects that result in a
mitigation requirement of 1.25 employees or greater, no less than one-half
(%) the mitigation of employee housing required by this Chapter shall be
accomplished with on-site units.
1. Exceptions: At the sole discretion of the applicable
governing body, an exception may be granted from this on-
site unit requirement should the applicable governing body
make one of the following findings:
a. That implementation of the on-site unit
mitigation method would be contrary to the intent and
purpose of the applicable zone district.
b. That implementation of the on-site unit
mitigation method would be contrary to the goals of
the applicable elements of the Vail Comprehensive
Plan and the Town's development objectives.
c. That exceptional or extraordinary
circumstances or conditions apply to the site that
prevents the implementation of the on-site unit
mitigation method.
d. That the method of mitigation proposed better
achieves the intent and purpose of this Chapter and
general and specific purposes of this Title than the on-
site mitigation unit method.
2. All on-site EHUs shall be deed restricted as a "Type IV-
CL" (type four, commercial linkage mitigation) or "Type Vll-
CL" (type seven, commercial linkage mitigation) EHU in
accordance with Chapter 12-13, Employee Housing, of this
Title.
50
3. At the sole discretion of the applicable governing body,
an applicant may provide on-site dormitory style units.
4. An applicant may provide a payment of fees-in-lieu for
any fractional remainder of the requirement generated under
this Chapter totaling less than 1.25 employees.
5. Any remaining portion of the mitigation requirement
not provided with on-site units may be provided in
accordance with Section 12-23-6B below.
A- B. For all development projects except those mitigated
by Section 12-23-6A above, the mitigation of employee housing required
by this Chapter shall be accomplished through one, or any combination,
of the following methods:
On-site units.
a Th^ r^rniicifo n~im h^r of CLII lc nr ~ nn rFinn
All on-site EHUs shall be deed restricted as a
"Type IV-CL" (type four, commercial linkage
mitigation) or "Type VII-CL" (type seven, commercial
linkage mitigation) EHU in accordance with Chapter
12-13, Employee Housing, of this Title.
^f .~„ At the sole discretion of the applicable
governing body, an applicant may provide on-site
dormitory style units.
2. Conveyance of property on-site. An applicant may
convey on-site real property to the Town on which no covenants,
restrictions or issues exist that would limit the construction of
EHUs, at the sole discretion of the Town Council. This method
does not mitigate the on-site unit requirements of Section 12-
23-6A above.
3. Off-site units.
a. The requisite number of EHUs, or a portion
thereof, maybe provided off-site within the Town, provided
that such EHUs are deed restricted in accordance with this
Chapter.
JI
b. At the sole discretion of the Planning and
Environmental Commission, an applicant may provide off-
site dormitory units, unless the application is for a Special
Development District, in which case, the Town Council, in
its sole discretion, may accept dormitory units as a method
of mitigation.
4. Payment of fees-in-lieu. T",~°1~,g-ana
Cn~drn nVnonfl,l !'`nmmlonlnn m n* of 1, f o !n Ifo~~
JLGT.
a. The fee-in-lieu for each employee to be
housed shall be established annually by resolution of the
Town Council, provided that, in calculating that fee, the
Town Council shall include the net cost (total cost less the
amount covered by rental or sale income) of real property
and all related planning, design, site development, legal,
construction and construction management costs of the
project, in current dollars, which would be incurred by the
Town to provide housing for the employee to be housed in
that year.
b. An administrative fee, established by
resolution of the Town Council, shall be added to the
amount set forth in paragraph a hereof.
c. Fees-in-lieu shall be due and payable prior
to the issuance of a building permit for the development.
d. The Town shall only use monies collected
from fees-in-lieu to provide new employee housing.
5. Conveyance of property off-site. The Town Council
may, at its sole discretion, accept the conveyance of property off-
site in lieu of requiring the provision of EHUs, provided that no
covenants, restrictions or issues exist on such property that would
limit the construction of EHUs.
12-23-7: MITIGATION BANK:
A. The Town will provide credit for any EHUs constructed on-
site, constructed off-site, or otherwise acquired in anticipation of future
commercial development or redevelopment, provided that those EHUs
meet all applicable requirements of this Title. However, the construction
or acquisition of EHUs in anticipation of future development is at the sole
risk of the applicant, because the commercial development shall be
JZ
subject to all regulations pertaining to EHUs which are in effect at the time
the application for commercial development review is submitted to the
Town, even if those regulations change after the EHUs are constructed.
8. It shall be the applicant's responsibility to provide
documentation of any existing EHU credit upon submission of an
application for development review. If the applicant cannot adequately
document such credits, the Town shall not be obligated to provide such
credit.
12-23-8: ADMINISTRATION:
A. Each application for development review, except those
exempt per Section 12-23-5, shall include an employee housing plan e~'
which includes the following:
,R. omn/n voo hniicinrr nhn choll innh u-!o fn lln~niinrv•
1. Calculation Method. The calculation of employee
generation, including credits if applicable, and the mitigation
method by which the applicant proposes to meet the requirements
of this Chapter,'
2. Plans. A dimensioned site plan and architectural
floor plan that demonstrates compliance with Section 12-23-3,
Size and Building Requirements;
3. Lot Size. The average lot size of the proposed
EHUs and the average lot size of other dwelling units in the
commercial development or redevelopment, if any;
4. Schedules. A timeline for the provision of any off-
site EHUs;
5. Off-Site Units. A proposal for the provision of any
off-site EHUs shall include a brief statement explaining the basis
of the proposal;
6. Off-Site Conveyance Request. A request for an off-
site conveyance shall include a brief statement explaining the
basis for the request,'
7. Fees-in-lieu. A proposal to pay fees-in-lieu shall
include a brief statement explaining the basis of the proposal; and
8. Written Narrative. A written narrative explaining
how the employee housing plan meets the purposes of this
Chapter and complies with the Town's Comprehensive Plan.
G. B. Governing Body:
J~
The Administrator shall approve, approve with modifications
or deny an employee housing plan involving a total mitigation
requirement of less than 1.25 employees.
The Planning and Environmental Commission shall approve,
approve with modifications or deny an employee housing plan unless the
plan involves a total mitigation requirement of less than 1.25
employees; the development is located within a Special
Development District; or the plan includes a request to convey property.;
n.-Jfflnl,finnn r .-Jon.. +Ho o n/n~.oo Hn~~nlnr nll,n
The Town Council shall approve, approve with modifications
or deny an employee housing plan for a development located within
a Special Development District or a plan requesting to convey
property.
Before granting approval of an employee housing plan, the
applicable governing body shall make findings that the employee
housing plan conforms to the general and specific purposes of this
title, and that the plan is compatible with the applicable elements of
the Vail Comprehensive Plan and the development objectives of the
Town.
~B- E. If modifications to a submitted application for development
review changes the obligations of the applicant under this Chapter, the
applicant shall submit a modified employee housing plan. A modification
to an employee housing plan shall be reviewed by the body that reviewed
the initial employee housing plan, in accordance with the provisions of
this Chapter.
F. An approved employee housing plan shall become part of
the approved application for development review for the affected site.
G. Requests to amend an approved employee housing
plan shall be reviewed in accordance with the procedures described
in this Chapter. At the discretion of the Administrator, minor
amendments that do not alter the basic intent or methodology of the
plan maybe approved, or approved with modifications, or denied by
the Administrator.
12-23-9: OCCUPANCY AND DEED RESTRICTIONS:
A. No EHU shall be subdivided or divided into any form of
timeshare unit or fractional fee club unit.
8. EHUs shall not be leased for a period less than thirty (30)
consecutive days.
C. An EHU may be sold or transferred as a separate unit on
the site.
J=~
D. An EHU shall be continuously occupied by an employee
rested and shall not remain vacant for a period in excess of three (3)
consecutive months unless, despite reasonable and documented efforts
to rer~ occupy the EHU, rer~ai efforts are unsuccessful.
E. No later than February 1 of each year, the owner of an
EHU shall submit a sworn affidavit on a form provided by the Town to the
Town of Vail Community Development Department containing the
following information:
1. Evidence to establish that the EHU has been
occupied throughout the year by an employee;
2. The rental rate (unless owner-occupied);
3. The employee's employer; and
4. Evidence to demonstrate that at least one tenan-t
person residing in the EHU is an employee.
12-23-10: TIMING:
All EHUs required by this Chapter shall be ready for occupancy
prior to the issuance of a temporary certificate of occupancy for the
affected commercial development or redevelopment.
12-23-11: VARIANCES:
Variances from the requirements of this Chapter may be granted
pursuant to the procedures and standards set forth in Chapter 17 of this
Title.
12-23-12: REVIEW.
A. Purpose. The Town Council intends that the application of
this Chapter not result in an unlawful taking of private property without the
payment of just compensation, and therefore, the Town Council adopts
the review procedures set forth in this Section.
8. Planning and Environmental Commission review. Any
applicant for commercial development who feels that the application of
this Chapter would effect an unlawful taking may apply to the Planning
and Environmental Commission for an adjustment of the requirements
imposed by this Chapter. If the Planning and Environmental Commission
determines that the application of this Chapter would result in an unlawful
taking of private property without just compensation, the Planning and
Environmental Commission may alter, lessen, or adjust employee
housing requirements as applied to the particular project under
consideration to ensure that there is no unlawful uncompensated taking.
C. Town Council review. If the Planning and Environmental
Commission denies the relief sought by an applicant, the applicant may
request a hearing before the Town Council. Such hearing shall be a
quasi judicial hearing and conducted according to the Town's rules and
regulations regarding quasi judicial hearings. At such hearing, the burden
of proof shall be on the applicant to establish that the fulfillment of the
requirements of this Chapter would effect an unconstitutional taking
without just compensation pursuant to applicable law. If the Town Council
determines that the application of this Chapter would effect an illegal
taking without just compensation, the Town Council may alter, lessen, or
adjust the employee housing requirements as applied to the particular
project under consideration to ensure that no illegal uncompensated
taking occurs. The decision of the Town Council shall be final, subject
only to judicial review.
Section 24. Chapter 12-24, Inclusionary Zoning, of the Vail Town Code is
hereby amended as follows (text to be deleted is in °*~~'°*'"~'~~~"^A'g", text that is to be added
is bold):
12-24-1: PURPOSE AND APPLICABILITY:
A. The purpose of this Chapter is to ensure that new
residential development and redevelopment in the Town of Vail provide
for a reasonable amount of employee housing to mitigate the impact on
employee housing caused by such residential development and
redevelopment.
8. This Chapter shall apply to all new residential development
and redevelopment located within the following zone districts, except as
provided in Section 12-24-5:
High Density Multiple Family (HDMF);
2. Public Accommodation (PA);
3. Public Accommodation 2 (PA2);
4. Commercial Core 1 (CC1);
5. Commercial Core 2 (CC2);
6. Commercial Core 3 (CC3);
Commercial Service Center (CSC);
8. Arterial Business (ABD);
9. General Use (GU);
10. Heavy Service (HS);
J E)
11. Lionshead Mixed Use 1 (LMU1);
12. Lionshead Mixed Use 2 (LMU2);
13. Ski Base/Recreation (SBR);
14. Ski Base/Recreation 2 (SBR2);
15. Parking District (P); and
16. Special Development (SDD).
C. The requirements of this Chapter shall be in addition to all
other requirements of this Code.
D. When any provision of this Chapter conflicts with any other
provision of this Code, the provision of this Chapter shall control.
12-24-2: EMPLOYEE HOUSING REQUIREMENTS:
Every residential development and redevelopment shall be
required to mitigate its direct and secondary impacts on the Town by
providing employee housing at °
*"° *^~~' ~°~^~''°~^. the following mitigation rates:
1. On-site Units: 10% of the net new GRFA.
2. Conveyance of Property On-Site: 10% of the net new
GRFA.
3. Off-Site Units: 50% of the net new GRFA.
4. Payments of Fee in Lieu: 25% of the net new GRFA.
5. Conveyance of Property Off-Site: 10% of the net new
GRFA.
0
For example, ademo/rebuild development project proposes
120,000 square feet of net new GRFA. The developer must mitigate
at least 60,000 square feet (i.e. half the total net new GRFA) with on-
site units and may mitigate the remaining 60,000 square feet through
any combination of the approved methods. If this developer chose
to mitigate 60,000 sq. ft. on-site, 50,000 sq. ft. off-site, and 10,000 sq.
ft. through fee-in-lieu (for a total of 120,000 sq. ft.), the calculations
would be as follows:
J~
On-site Units:
60,000 of 120,000 square feet of net new GRFA x 10%
mitigation rate = 6,000 square feet of employee
housing to be provided on-site.
Off-site Units:
50,000 of 120,000 square feet of net new GRFA x 50%
mitigation rate = 25,000 square feet of employee
housing to be provided off-site.
Payment of Fee-in-Lieu:
10,000 of 120,000 square feet of net new GRFA x 25%
mitigation rate = 2,500 square feet of employee
housing to be provided payment of fee-in-lieu.
12-24-3: BUILDING REQUIREMENTS:
A. Table 24-1, Size of Employee Housing Units, establishes
the minimum size requirements for EHUs under this Chapter. All EHUs
shall meet or exceed the minimum size requirements.
TABLE 24-1
SIZE OF EMPLOYEE HOUSING UNITS
Type of Unit Minimum Size (GRFA)
Dormitory 250
Studio 438
One-Bedroom 613
Two-Bedroom 788
Three or More -Bedroom 1,225
8. Every EHU shall contain a kitchen facility or kitchenette
and a bathroom.
C. All trash facilities shall be enclosed.
D. Parking shall be provided in accordance with
Chapter 10 of this Title.
~8
1. Exception for on-site EHUs: At the discretion of the
governing body, variations to the parking standards outlined in
Chapter 10 of this Title may be approved during the review of an
employee housing plan subject to a parking management plan. The
parking management plan may be approved by the governing body
and may provide for a reduction in the parking requirements for on-
site units based on a demonstrated need for fewer parking spaces
than Chapter 10 of this Title would require. For example, a
demonstrated need for a reduction in the required parking could
include:
a. Proximity or availability of alternative modes of
transportation including, but not limited to, public transit
or shuttle services.
b. A limitation placed in the deed restrictions limiting the
number of cars for each unit.
c. A demonstrated permanent program including, but not
limited to, rideshare programs, car-share programs,
shuttle service, or staggered work shifts.
E. Each EHU shall have its own entrance. There shall be no
interior access from any EHU to any dwelling unit to which it may be
attached.
C € I nl~~.-Jo.-J ! Tn~n~n'n n/n~Jr,*lnnn fnr
/1. €~w~r€I~vl choll ho olln~nio rJ ~-oo h~~nrJro rJ ~'tnn~ crv~~nro
f f .-J.-J~ 1 1/ +h n
reet~~t+en~r-age~ea. -~ ~s~~ ~;-ale
12-24-4: REDEVELOPMENT:
Employee housing need only be provided for the increase in the
GRFA of a redevelopment; provided however, that if any existing EHUs
are to be removed, an equal amount of EHUs shall be replaced in
addition to other requirements of this Chapter.
12-24-5: EXEMPTIONS
The following shall be exempt from this Chapter:
The remodeling of an existing dwelling unit;
2. The replacement of a demolished residential development,
provided the replacement structure does not exceed the total GRFA of the
original structure; and
J~
3. The construction of EHUs.
12-24-6: METHODS OF MITIGATION:
A. For all new construction and demo/rebuild projects that result in a
mitigation requirement of 438 sq. ft. or greater, no less than one-half (%)
the mitigation of employee housing required by this Chapter shall be
accomplished with on-site units.
1. Exceptions: At the sole discretion of the applicable
governing body, an exception may be granted from this on-
site unit requirement should the applicable governing body
make one of the following findings:
a. That implementation of the on-site unit
mitigation method would be contrary to the intent and
purpose of the applicable zone district.
b. That implementation of the on-site unit
mitigation method would be contrary to the goals of
the applicable elements of the Vail Comprehensive
Plan and the Town's development objectives.
c. That exceptional or extraordinary
circumstances or conditions apply to the site that
prevents the implementation of the on-site unit
mitigation method.
d. That the method of mitigation proposed better
achieves the intent and purpose of this Chapter and
general and specific purposes of this Title than the on-
site mitigation unit method.
2. All on-site EHUs shall be deed restricted as a "Type IV-
IZ" (type four, inclusionary zoning mitigation) or "Type Vll-IZ"
(type seven, inclusionary zoning mitigation) EHU in
accordance with Chapter 12-13, Employee Housing, of this
Title.
3. At the sole discretion of the applicable governing body,
an applicant may provide on-site dormitory style units.
4. An applicant may provide a payment of fees-in-lieu for
any fractional remainder of the requirement generated under
this Chapter totaling less than 438 sq. ft. of EHU floor area.
60
5. Any remaining portion of the mitigation requirement
not provided with on-site units may be provided in
accordance with Section 12-24-6B below.
A- B. For all development projects, except those mitigated
by Section 12-24-6A above, the mitigation of employee housing required
by this Chapter shall be accomplished through one, or any combination,
of the following methods:
On-site units.
On-site units.
a Th^ r n!*^ n mhor of CLII /n nrhinn
t#~ f mov ho nnn~- nte~~ nn_ci*,~ nrn~iii-!^rJ *hof oll nn_
-civ ~rr.T-ca.,~rvv-raca n-ra-roman--vrr
All on-site EHUs shall be deed restricted as a
"Type IV-IZ" (type four, inclusionary zoning mitigation)
or "Type VII-IZ" (type seven, inclusionary zoning
mitigation) EHU in accordance with Chapter 12-13,
Employee Housing, of this Title.
b. "t t~s91 rli v fhn ~Innnin n,,
n ~ssr'et~~T-o~~,,,,
cn„irnn,~,^n*^1 gyn.,,.,-,i~~inn n/i,.~n+ .,-, „i,,l^ n
^f m At the sole discretion of the applicable
governing body, an applicant may provide on-site
dormitory style units.
2. Conveyance of property on-site. An applicant may convey
on-site real property to the Town of Vail on which no covenants,
restrictions or issues exist that would limit the construction of EHUs, at the
sole discretion of the Town Council. This method does not mitigate the
on-site unit requirements of Section 12-24-6A above.
3. Off-site units.
a. The requisite number of EHUs, or a portion thereof,
may be provided off-site within the Town, provided that such
EHUs are deed restricted in accordance with this Chapter.
b. At the sole discretion of the Planning and
Environmental Commission, an applicant may provide off-site
dormitory units, unless the application is for a Special
Development District, in which case, the Town Council, in its sole
discretion, may accept dormitory units as a method of mitigation.
61
4. Payment of fees-in-lieu.
a. The fee-in-lieu for each square foot shall be
established annually by resolution of the Town Council, provided
that in calculating that fee, the Town Council shall include the net
cost (total cost less the amount covered by rental or sale income)
of real property and all related planning, design, site development,
legal, construction and construction management costs of the
project, in current dollars, which would be incurred by the Town to
provide the square feet in that year.
b. An administrative fee, established by resolution of
the Town Council, shall be added to the amount set forth in
paragraph a hereof.
c. Fees-in-lieu shall be due and payable prior to the
issuance of a building permit for the development.
d. The Town shall only use monies collected from the
fees-in-lieu to provide new employee housing.
5. Conveyance of property off-site. The Town Council may,
at its sole discretion, accept a conveyance of real property off-site in lieu
of requiring construction of EHUs, provided that no covenants, restrictions
or issues exist on the property that would limit the construction of EHUs.
12-24-7 MITIGATION BANK:
A. The Town will provide credit for any EHUs constructed on-
site, constructed off-site, or otherwise acquired in anticipation of future
residential development or redevelopment, provided that those EHUs
meet all applicable requirements of this Chapter. However, the
construction or acquisition of EHUs in anticipation of future development
is at the risk of the applicant, because the residential development shall
be subject to all regulations pertaining to EHUs which are in effect at the
time the application for development review is submitted to the Town,
even if those regulations change after the EHUs are constructed.
8. It shall be the applicant's responsibility to provide
documentation of any existing EHU credits upon submission of an
application for development review. If the applicant cannot adequately
document such credits, the Town shall not be obligated to provide such
credits.
12-24-8: ADMINISTRATION:
A. Each application for development review, except those
exempt per Section 12-24-5, shall include an employee housing plan e~'
which includes the following:
62
1. Calculation Method. The calculation of the
inclusionary zoning requirement, including credits if applicable,
and the mitigation method by which the applicant proposes to
meet the requirements of this Chapter,'
2. Plans. A dimensioned site plan and architectural
floor plan that demonstrates compliance with Section 12-24-3,
Building Requirements;
3. Lot Size. The average lot size of the proposed
EHUs and the average lot size of other dwelling units in the
commercial development or redevelopment, if any;
4. Schedules. A timeline for the provision of any off-
site EHUs;
5. Off-Site Units. A proposal for the provision of any
off-site EHUs shall include a brief statement explaining the basis
of the proposal;
6. Off-Site Conveyance Request. A request for an off-
site conveyance shall include a brief statement explaining the
basis for the request; and
7. Fees-in-lieu. A proposal to pay fees-in-lieu shall
include a brief statement explaining the basis of the proposal.
8. Written Narrative. A written narrative explaining
how the employee housing plan meets the purposes of this
Chapter and complies with the Town's Comprehensive Plan.
~. B. Governing Body:
The Administrator shall approve, approve with modifications
or deny an employee housing plan involving a total mitigation
requirement of less than 438 square feet of EHU floor area.
The Planning and Environmental Commission shall approve,
approve with modifications, or deny an employee housing plan unless the
plan involves less than 438 square feet of EHU floor area; the
development is located within a Special Development District; or
the plan includes a request to convey property, ^^~' *"°^ *"° T^~^~^
"n nll,
T.
The Town Council shall approve, approve with modifications
or deny an employee housing plan for a development located within
a Special Development District or a plan requesting to convey
property.
63
Before granting approval of an employee housing plan, the
applicable governing body shall make findings that the employee
housing plan conforms to the general and specific purposes of this
title, and that the plan is compatible with the applicable elements of
the Vail Comprehensive Plan and the development objectives of the
Town.
~B- C. If modifications to a submitted application for development
review changes the obligations of the applicant under this Chapter, the
applicant shall submit a modified employee housing plan. A modification
to an employee housing plan shall be reviewed by the body that reviewed
the initial employee housing plan, in accordance with the provisions of
this Chapter.
€. D. An approved Employee Housing Plan shall become part of
the approved application for development review for the affected site.
E. Requests to amend an approved employee housing
plan shall be reviewed in accordance with the procedures described
in this Chapter. At the discretion of the Administrator, minor
amendments that do not alter the basic intent or methodology of the
plan maybe approved, or approved with modifications, or denied by
the Administrator.
12-24-9: OCCUPANCY AND DEED RESTRICTIONS:
A. No EHU shall be subdivided or divided into any form of
timeshare unit or fractional fee club unit.
8. EHUs shall not be leased for a period less than thirty (30)
consecutive days.
C. An EHU may be sold or transferred as a separate unit on
the site.
D. An EHU shall be continuously occupied by an employee
rested and shall not remain vacant for a period in excess of three (3)
consecutive months unless, despite reasonable and documented efforts
to rsr~t occupy the EHU, rental efforts are unsuccessful.
E. No later than February 1 of each year, the owner of each
EHU shall submit a sworn affidavit on a form provided by the Town with
the following information:
1. Evidence to establish that the EHU has been
rented or owner occupied throughout the year;
2. The rental rate (unless owner-occupied);
3. The employee's employer; and
64
4. Evidence to demonstrate that at least one ~
person residing in the EHU is an employee at a business located
in Eagle County.
12-24-10: TIMING:
All EHUs required by this Chapter shall be ready for occupancy
prior to the issuance of a temporary certificate of occupancy for the
affected residential development.
12-24-11: VARIANCES:
Variances from the requirements of this Chapter may be granted
pursuant to the procedures and standards set forth in Chapter 17 of this
Title.
12-24-12: REVIEW.
A. Purpose. The Town Council intends that the application of
this Chapter not result in an unlawful taking of private property without the
payment of just compensation, and therefore, the Town Council adopts
the review procedures set forth in this Section.
8. Planning and Environmental Commission review. Any
applicant for residential development who feels that the application of this
Chapter would effect an unlawful taking may apply to the Planning and
Environmental Commission for an adjustment of the requirements
imposed by this Chapter. If the Planning and Environmental Commission
determines that the application of this Chapter would result in an unlawful
taking of private property without just compensation, the Planning and
Environmental Commission may alter, lessen, or adjust employee
housing requirements as applied to the particular project under
consideration to ensure that there is no unlawful uncompensated taking.
C. Town Council review. If the Planning and Environmental
Commission denies the relief sought by an applicant, the applicant may
request a hearing before the Town Council. Such hearing shall be a
quasi judicial hearing and conducted according to the Town's rules and
regulations regarding quasi judicial hearings. At such hearing, the burden
of proof shall be on the applicant to establish that the fulfillment of the
requirements of this Chapter would effect an unconstitutional taking
without just compensation pursuant to applicable law. If the Town Council
determines that the application of this Chapter would effect an illegal
taking without just compensation, the Town Council may alter, lessen, or
adjust the employee housing requirements as applied to the particular
project under consideration to ensure that no illegal uncompensated
taking occurs. The decision of the Town Council shall be final, subject
only to judicial review.
6
Section 25. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 26. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
Section 27. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 28. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this day of , 2008
and a public hearing for second reading of this Ordinance set for the day of
2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED this day of , 2008.
Richard D. Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
H6
Attachment B
• As commercial linkage and inclusionary zoning exist today there is no priority
order in the methods of mitigation.
• The regulations apply to each method of mitigation equally.
• The existing regulations, related to mitigation methods, are not providing the
mitigation results the community most values.
• Without dramatic policy change it may not be possible to achieve the desired
employee housing mitigation.
• The examples below illustrate the existing regulations, equally weighted
mitigation methods, as well as attempting to prioritize mitigation methods with
weighted mitigation rates.
Hypothetical Residential Project
126,311 square feet of new residential development
126,311 sq ft x 10% Inclusionary Zoning = 12,631 sq ft
Mitigation Methods Today
Value/Sq Ft Est. Cost
On-Site Sq Ft 10% 12,631 $500 $6,315,500
Off-Site Sq Ft 10% 12,631 $100 $1,263,100
Fee-in-Leiu 10% 12,631 $236.65 $2,989,126
Mitigation Methods Equally Weighted
Value/ Sq Ft Est. Cost
On-Site Sq Ft 10% 12,631 $500 $6,315,500
Off-Site Sq Ft 50% 63,155 $100 $6,315,500
Fee-in-Lieu 21.25% 26,841 $236.65 $6,351,923
Mitigation Methods with Priority
Value/Sq Ft Est. Cost
On-Site Sq Ft 10% 12,631 $500 $6,315,500
Off-Site Sq Ft 65% 82,102 $100 $8,210,200
Fee-in-Lieu 35% 44,209 $236.65 $10,462,024
H7
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Extraordinary people. Extraordinary care.
Vail Valley Medical Center
www.vvmc.com
March 7, 2008
Planning and Environmental Commission
Town Council
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
Re: Proposed changes to Housing Regulations
Dear Commissioners and Council Members,
181 West Meadow Drive, Vail, CO 81657
PO Box 40,000, Vail, CO 81658
We understand that the Town is proposing to modify the employee housing requirements for
development and redevelopment projects within the Town. The proposed regulations would
require that mitigation for employee housing occur 100% on the site of the development project.
We understand that the Planning and Environmental Commission, at its sole discretion, could
approve an exception to allow offsite mitigation or payment in lieu but only after applying some
additional and more stringent criteria.
The Vail Valley Medical Center (VVMC) is very concerned about the impact of the adopted
regulations as the proposed amendments would make redevelopment of the medical center
extraordinarily difficult and expensive and therefore might result in unintended consequences.
We have expressed this concern during the initial development of Ordinances NO. 7, 8, 9 and
Resolution NO. 10, Series 2007.
VVMC is a vital component of the Town and the community. This type of facility is part of the
municipal infrastructure of a vibrant and healthy community. The services provided by this
facility are what the public expects to find in a mature community such as ours.
During the review of the current regulations we asked that the Town include language that would
allow VVMC or similar public facilities to have special consideration in the review of a housing
plan. We asked for some flexibility due to our not-for-profit healthcare mission. Any
redevelopment of our property would nat be motivated by profit but by provision of patient care
services. An additional concern is that major redevelopment will likely be funded by
philanthropy and it could be a major concern of donors to know that the project could not be
started without millions invested, potentially on site for workforce housing.
No such language was included in the original draft as it was suggested that VVMC could apply
for a variance. After reviewing the regulations we believe that the variance criteria would never
allow for the flexibility that would be necessary to allow VVMC to appropriately respond to the
need for quality medical services on the Vail campus.
We would request again that language be added to the regulations that provide for flexibility for
public or quasi public uses.
The Vail Valley Medical Center has always recognized the importance of its employees and the
measures necessary to attract and maintain a qualified healthcare workforce. VVMC is the
second largest employer in Eagle County and serves as a regional medical facility. We have
facilities in Vail, Avon, Edwards, Eagle, and Gypsum and we have approximately 94 employees
residing in Vail, 70 in Summit County, 52 in Leadville, 16 in Minturn, 118 in Avon, 82 in
Edwards, 82 in Eagle, and 43 in Gypsum.
VVMC Administration and the Governing Board are fully engaged in the understanding of our
staffs needs and continue to develop our housing assistance program. Within our ongoing
discussions, it is clear that we need to seek several mechanisms to assist staff in housing and not
just merely tie them to the Town of Vail. VVMC's housing program currently includes:
® Housing subsidies in the form of reduced housing payments
® Employee units controlled by VVMC on the Tames property in Avon
® Units under rental lease program throughout the County
In 2007 alone, VVMC spent over $600,000 to ensure adequate housing for its employees.
We are providing this information to show that VVMC has a commitment of providing housing
assistance to its employees and will continue to address this issue. We have been able to react to
the needs of our staff in variety of ways. As previously mentioned we will continue our housing
assistance efforts with our specific staff interest in mind.
We invite anyone to meet with us to fully understand the function and operations of VVMC as
we want to be completely transparent with the Town and the community. We look forward to
developing new and exciting partnerships with the Town to help create a community with top
notch infrastructure and facilities of which we can all be proud. Allowing us flexibility will help
make both VVMC and the Town a better place.
Sincerely,
.... _.:~'L ;
Stan Anderson
Senior Vice President of Operations
Vail Valley Medical Center
Mauriello Planning Group
MEMORANDUM
TO: Town of Vail Planning Commission
FROM: Mauriello Planning Group
DATE: March 10, 2008
RE: Analysis of Proposed Amendments to the Employee Housing Regulations
Based on the staff memorandum for the Planning Commission Meeting on March 10,
2008, we reviewed the examples provided by staff in the draft of Ordinance 1, Series of
2008, on Pages 57-58 (Inclusionary Zoning). The analysis provides the following:
Givens:
® 120,000 sq. ft. of GRFA
® = 60 dwelling units at 2000 sq ft. per unit
® At .11 employees per unit = 6.6 employees generated (based on the Town of Vail
Nexus Study)
Existing Regs: (10% mitigation rate)
12,000 sq. ft. of employee housing
@ 350 per employee =
34 employees to be housed (515% of employees generated)
Proposed Regs with the example: (ends up at 27.9% mitigation rate)
60,000 sq. ft. on-site = 6000 sq. ft. to be mitigated
50,000 sq. ft. off-site = 25,000 sq. ft. to be mitigated
10,000 sq.ft. through fee-in-lieu = 2500 sq. ft. to be mitigated
33,500 sq. ft. of employee housing
@ 350 per employee =
95 employees to be housed (1439% of employees generated)
The Solar Vail redevelopment project has requested to be
tabled to the March 24, 2008, Planning and Environmental
Commission hearing. There is no memorandum included
in the packet for this item.
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: March 10, 2008
SUBJECT: A request for a final review for a development plan, pursuant to Section
12-61-11, Development Plan Required, and certain conditional uses,
pursuant to Section 12-61-3, Conditional Uses, Vail Town Code, to allow
for a redevelopment of Solar Vail into a mixed use development to include
Type VI employee housing units, professional offices, subterranean
parking, and public utilities installations including transmission lines and
appurtenant equipment, located at 501 North Frontage Road West, Lot 8,
Block 2, Vail Potato Patch, and setting forth details in regard thereto.
(PEC070052)
Applicant: Sonnenalp Properties, Inc., represented by Gwathmey
Pratt Schultz Lindall Architects, P.C.
Planner: Scot Hunn
I. SUMMARY
The applicant, Sonnenalp Properties, Inc., represented by Gwathmey Pratt
Schultz Lindall Architects, P.C., has requested a final review by the Town of Vail
Planning and Environmental Commission for development plan and associated
conditional use permits for the re-development of the Solar Vail property into a
mixed use project, located at 501 North Frontage Road West, to include:
o One (1) building containing a total of 87,818 (gross) square feet;
o Eight stories, inclusive of two levels of structured, subterranean parking;
o A maximum building height of 84 feet;
o Eighty-two (82), deed restricted, Type VI employee housing units (EHUs);
0 4,850 square feet (net) of professional office uses; and
o Telecommunications uses (cellular telephone antennae).
Final Plan review is requested with regard to master plan recommendations,
specific design guidelines and Code requirements applicable to any re-
development of this site. To this end, Staff has prepared a written analysis
summarizing the requirements and guidelines outlined in:
o The Town of Vail Land Use Plan
o The Town of Vail Municipal Code
Requested Outcome
The intended outcome of this meeting is for the Commission to take formal action
on the development plan, and certain conditional use permit applications, citing
certain applicable findings and criteria as the basis for approval, approval with
conditions, or denial of the application. To this end, Staff is recommending
approval, with conditions, of the Development Plan and associated Conditional
Use Permits for Solar Vail, as detailed in Section IX of this memo.
II. DESCRIPTION OF THE REQUEST
The Solar Vail property currently serves exclusively as employee housing for the
Sonnenalp Hotel operations. The applicant, in proposing this re-development,
intends to maintain and expand this use as a direct nexus to employee housing
needs generated by operation of the Sonnenalp Hotel in the Vail Village.
Specifically, the applicant proposes this re-development to address, proactively,
the current and future employee housing needs generated by the hotel
operations. As well, the applicant has proposed, as a possible means to finance
re-development of the site, to sell deed restrictions tied to units developed on the
site to other businesses or developers in need of "off-site" employee housing
mitigation in the future.
The property has been re-zoned from the High Density Multi-Family (HDMF)
District to the Housing (H) District, and a text amendment to the Housing District
allowing for "Professional Offices and Business Offices" as conditional uses has
been approved by the Vail Town Council. Such re-zoning and text amendments
were requested to better facilitate the development of a significant number of
employee housing units within the Town of Vail and to allow for the review of
certain proposed conditional uses proposed as secondary and incidental to the
use of employee housing.
Key components of the current proposal include:
• Demolition of two existing buildings containing 24 units, originally
constructed in 1976;
• Development of a new building containing 87,818 (gross) square feet;
• Eight stories, inclusive of two levels of structured parking;
• A maximum building height of 84 feet;
• Eighty-two (82) deed restricted, Type VI employee housing units on five
floors for primary use by employees of the Sonnenalp Hotel;
• Development of approximately 4,850 square feet of office space on the
first level; deed restricted linkage is proposed between office space (lease
agreement) and dedicated EHUs within the building; one or two units are
proposed to be "attached" to office space lease agreements and will be
made part of an on-site employee housing management plan;
• Creation of sixty-nine (69) enclosed parking spaces on two levels of
underground parking (separated for office and residential uses) and eight
(8) surface parking spaces for a total of seventy-seven (77) parking
spaces on-site;
• Preservation of the existing earthen berm and vegetation located between
the existing parking lot and North Frontage Road; and
• Preservation and upgrade of existing telecommunication antenna "farm"
(to be better integrated into new architectural features of building).
The Solar Vail development proposal is comprised of two (2) separate
development review applications. Each application is intended to facilitate the re-
development proposal. The development applications include, but may not be
limited to:
2
A Development Plan application for development within the
Housing (H) district;
A Conditional Use Permit application for:
o "Professional Office Uses" located on the office level of the
structure;
o "Public Utilities Installations including Transmission Lines
and Appurtenant Equipment" (cellular communication
antennae); and
o "Type VI Employee Housing Units".
In addition, the applicant is requesting "variations" to certain development
standards, as permitted at the discretion of the Planning and Environmental
Commission during review of any development proposal within the Housing
District. Specifically, the applicant is requesting variations to:
Setbacks -from 20 feet to approximately 15 feet between the
proposed structure and the west property line; and
Parking -from 133 required spaces (per Section 12-10-10, Vail
Town Code), to 77 proposed for both residential and office uses;
from 25% of required parking sized for compact cars to 40%.
The applicant has provided responses to conditional use review criteria for
employee housing units, professional business offices and public utility (cellular
communication antennae) uses. As well, the applicant has provided written
responses and justification to variations requested from setback and parking
standards.
A vicinity map identifying the location of the development site has been attached
for reference (Attachment A). A copy of the document entitled Tear Down and
Re-build of Solar Vail Employee Housing dated January 28, 2008 (Attachment
B), and a reduced set of plans dated March 3, 2008, is attached for reference
(Attachment C).
III. BACKGROUND
The subject property was annexed into the Town of Vail by Ordinance No. 8,
Series of 1969, which became effective on August 23, 1969. The Solar Vail
building was initially developed as an employee housing project in 1976 and has
served (exclusively) as the off-site employee housing for the Sonnenalp Hotel.
These buildings were also approved for use as a telecommunications (cell)
antenna "farm" site; housing multiple antennae for various co-users or providers.
On August 27, 2007, the Town of Vail Planning and Environmental Commission
held a work session to discuss plans for a similarly designed building. At that
time, the applicant was proposing sixty-three (63) employee housing units
(EHUs) and 4,700 square feet of professional office space. Two levels of parking
were proposed, with a total of 71 parking spaces proposed. The Commission
was generally supportive of the propose plans and provided the following
feedback to the applicant:
The applicant should study building mass and, specifically,
provide for more of a "break" in the ridge line of the roof structure;
The applicant should study loading, delivery and trash storage and
removal; and
The requested variation to parking standards is generally
supportable in order to facilitate private development of employee
housing within the Town, and in specific response to avoiding
development on slopes in excess of 40%.
On October 2, 2007, the Vail Town Council granted "Permission to Proceed"
through the development review process, and specifically to allow the applicant
to develop plans for access to the Solar Vail site that included driveway, retaining
wall and grading improvements on Town owned land (Tract A) adjacent to Lot 8,
Vail Potato Patch. The applicant showed a design at that time that included
substantial disturbance on Tract A, beyond that which exists today for the current
driveway into the Solar Vail property. Since that meeting, the applicant has
revised the plans to use the existing road/curb cut for Solar Vail and thus,
substantially reduce the amount of disturbance proposed on Tract A while
providing improved access grades and angles off of North Frontage Road.
On December 4, 2007, the Vail Town Council voted unanimously to approve two
separate ordinances, Ordinance No. 34, Series of 2007 and Ordinance No. 35,
Series of 2007, on second reading. Ordinance No. 34 approved an amendment
to the Official Zoning map for the Town of Vail, effectively re-zoning the subject
property from the High Density Multi-Family (HDMF) District to the Housing (H)
District. Ordinance No. 35, approved a text amendment for the Housing District
to specifically allow for "Professional Offices and Business Offices" as conditional
uses within the Housing District. Both the re-zoning of the property and the
subsequent text amendment were requested to better facilitate the re-
development of the site and, specifically, to allow a higher degree of flexibility in
the design and layout of the site to accommodate a significant number of
employee housing units and to allow for the review of certain proposed
conditional uses.
Since proceeding through the re-zoning and text amendment process, the
applicant has revised the plans for the development, introducing slightly revised
building orientation, and roof forms (broken ridge and revised dormer designs).
In addition, the plans now show a slightly taller building with increased density,
as well as, a revised subterranean parking design. The building (Office Level)
has been raised approximately 2 feet, and the roof pitch has increased from 8' in
12' to 9' in 12'. These two changes have resulted in the building height being
raised 2.7 feet. The access plan has been changed to minimize any new road
cuts and the driveway configuration has been revised significantly to improve
access (grade and entry angle), provide a hammer head for turn around while
minimizing disturbance on Town owned Tract A.
On February 25, 2008, the Planning and Environmental Commission held a work
session with the applicant. The Commission discussed the building bulk, mass,
scale and height, as well as proposed parking and setback variations requested
by the applicant. There was general support for the proposed project and
concerns expressed regarding the need for further separation between the Solar
Vail property and the adjacent school site. Also, one Commissioner suggested
4
that the applicant work to revise the plans to ensure that the building has a more
formal "entry", while another expressed support for the idea of working with the
School District to ensure that a fence and landscaping could be provided
between the two properties to address the School District's concerns regarding
Solar Vail residents crossing the school property en-route to the pedestrian
bridge and bus stop. Since that meeting, the applicant has revised the plans to
address issues discussed.
IV. ROLES OF THE REVIEWING BOARDS
The purpose of this section of the memorandum is to clarify the responsibilities of
the Planning and Environmental Commission on the various applications to be
submitted on behalf of Sonnenalp Properties, Inc.
A. Develoament Plan Review in the Housina IHI zone district
The Planning and Environmental Commission is responsible for final
approval/denial of a Development Plan. The Planning and Environmental
Commission shall review the proposal for compliance with the adopted
criteria. The Planning and Environmental Commission's approval "shall
constitute approval of the basic form and location of improvements
including siting, building setbacks, height, building bulk and mass, site
improvements and landscaping."
B. Conditional Use Permit (CUP)
The Planning and Environmental Commission is responsible for final
approval/denial of CUP. The Planning and Environmental Commission
shall review the request for compliance with the adopted conditional use
permit criteria and make findings of fact with regard to the project's
compliance. Generally, the Planning and Environmental Commission is
responsible to ensure that any uses permitted are located properly, to
assure compatibility and harmonious development between conditional
uses and surrounding properties and the town at large.
V. APPLICABLE DOCUMENTS
Staff has provided portions of the Vail Town Code and several master plans
which are relevant to the proposed topics for this work session. At the time of
any final plan review there will be additional excerpts provided.
Zoning Regulations
Chapter 6: Housing (H) Zone District (in part)
12-61-1: PURPOSE: The housing district is intended to provide adequate sites for
employee housing which, because of the nature and characteristics of employee
housing, cannot be adequately regulated by the development standards
prescribed for other residential zone districts. It is necessary in this zone district
to provide development standards specifically prescribed for each development
proposal or project to achieve the purposes prescribed in section 12-1-2 of this
title and to provide for the public welfare. Certain nonresidential uses are
allowed as conditional uses, which are intended to be incidental and secondary
to the residential uses of the district. The housing district is intended to ensure
that employee housing permitted in the zone district is appropriately located and
design to meet the needs of residents of Vail, to harmonious 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:
Bicycle and pedestrian paths.
Deed restricted employee housing units, as further described in chapter
13 of this title.
Passive outdoor recreation areas, and open space.
12-61-3: CONDITIONAL USES: The following uses shall be permitted in H
district, subject to issuance of a conditional use permit in accordance with the
provisions of Chapter 16 of this Title:
"Commercial uses which are secondary and incidental (as
determined by the planning and environmental commission) to the use of
employee housing and specifically serving the needs of the residents of
the development, and developed in conjunction with employee housing, in
which case the following uses may be allowed subject to a conditional
use permit:
Banks and financial institutions.
Child daycare facilities.
Eating and drinking establishments.
Funiculars and other similar conveyances.
Health clubs.
Personal services, including, but not limited to, laundromats, beauty and
barber shops, tailor shops, and similar services.
Retail stores and establishments.
Business offices and professional offices as further regulated by
Section 12-16-7 of this title.
Dwelling units (not employee housing units) subject to the following
criteria to be evaluated by the planning and environmental commission:
A. Dwelling units are created solely for the purpose of subsidizing
employee housing on the property, and
8. Dwelling units are not the primary use of the property. The GRFA
for dwelling units shall not exceed thirty percent (30%) of the total
GRFA constructed on the property, and C. Dwelling units are only
created in conjunction with employee housing, and
D. Dwelling units are compatible with the proposed uses and
buildings on the site and are compatible with buildings and uses on
adjacent properties.
Outdoor patios.
Public and private schools.
Public buildings, grounds and facilities.
Public parks and recreational facilities.
Public utilities installations including transmission lines and
appurtenant equipment.
h
Type VI employee housing units, as further regulated by chapter 13
of this title."
12-61-5: SETBACKS: The setbacks in this district shall be twenty feet (20') from
the perimeter of the zone district. At the discretion of the planning and
environmental commission, variations to the setback standards maybe 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.
8. Proposed building setbacks will provide adequate availability of light,
air and open space.
C. Proposed building setbacks will provide a compatible relationship with
buildings and uses on adjacent properties.
D. Proposed building setbacks will result in creative design solutions or
other public benefits that could not otherwise be achieved by
conformance with prescribed setback standards.
Variations to the twenty foot (20') setback shall not be allowed on property lines
adjacent to HR, SFR, R, PS, and RC zoned properties, unless a variance is
approved by the planning and environmental commission pursuant to Chapter 17
of this title. (Ord. 19(2001) § 2: Ord. 3(2001) § 2)
12-61-6: SITE COVERAGE: Site coverage shall not exceed fifty five percent
(55%) of the total site area. At the discretion of the planning and environmental
commission, site coverage maybe increased if seventy five percent (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. (Ord. 19(2001) § 2: Ord. 3(2001) § 2)
12-61-7: LANDSCAPE AND SITE DEVELOPMENT: At least thirty percent (30%)
of the total site area shall be landscaped. The minimum width and length of any
area qualifying as landscaping shall be fifteen feet (15') with a minimum area not
less than three hundred (300) square feet. (Ord. 19(2001) § 2: Ord. 3(2001) § 2)
12-61-8: PARKING AND LOADING: Off street parking shall be provided in
accordance with Chapter 10 of this title. No parking or loading area shall be
located within any required setback area. At the discretion of the planning and
environmental commission, variations to the parking standards outlined in
Chapter 10 of this title maybe approved during the review of a development plan
subject to a parking management plan. The parking management plan shall be
approved by the planning and environmental commission and shall provide for a
reduction in the parking requirements based on a demonstrated need for fewer
parking spaces than Chapter 10 of this title would require. For example, a
demonstrated need for a reduction in the required parking could include:
A. Proximity or availability of alternative modes of transportation
including, but not limited to, public transit or shuttle services.
8. A limitation placed in the deed restrictions limiting the number of cars
for each unit.
C. A demonstrated permanent program including, but not limited to,
rideshare programs, carshare programs, shuttle service, or staggered
work shifts. (Ord. 19(2001) § 2: Ord. 3(2001) § 2)
12-61-9: LOCATION OF BUSINESS ACTIVITIES:
A. Limitation; Exception: All conditional uses by section 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 unenclosed by a conditional use permit and the outdoor
display of goods.
8. Outdoor Display Areas: The area to be used for outdoor display must
be located directly in front of the establishment displaying the goods and
entirely upon the establishment's own property. Sidewalks, building
entrances and exits, driveways and streets shall not be obstructed by
outdoor display. (Ord. 19(2001) § 2: Ord. 3(2001) § 2)
12-61-10: OTHER DEVELOPMENT STANDARDS:
A. Prescribed By Planning And Environmental Commission: In the H
district, development standards in each of the following categories shall
be as proposed by the applicant, as prescribed by the planning and
environmental commission, and as adopted on the approved
development plan
1. Lot area and site dimensions.
2. Building height.
3. Density control (including gross residential floor area). (Ord. 19(2001) §
2: Ord. 3(2001) § 2)
12-61-11: DEVELOPMENT PLAN REQUIRED:
A. Compatibility with Intent: To ensure the unified development, the
protection of the natural environment, the compatibility with the
surrounding area and to assure that development in the housing district
will meet the intent of the zone district, an approved development plan
shall be required.
8. Plan Process and Procedures: The proposed development plan shall
be in accordance with section 12-61-12 of this article and shall be
submitted by the developer to the administrator who shall refer it to the
planning and environmental commission, which shall the plan at a
regularly scheduled meeting.
C. Hearing: The public hearing before the planning and environmental
commission shall be held in accordance with section 12-3-6 of this title.
The planning and environmental commission may approve the application
as submitted, approve the application with conditions or modifications, or
deny the application. The decision of the 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-
OA-10 ofthis 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.
12-61-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION:
The following criteria shall be used as the principal means for evaluating a
proposed development plan. It shall be the burden of the applicant to
demonstrate that the proposed development plan complies with all applicable
design criteria:
A. Building design with respect to architecture, character, scale, massing
and orientation is compatible with the site, adjacent properties and the
surrounding neighborhood.
8. 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. (Ord. 29(2005) § 23: Ord. 19(2001) § 2: Ord. 3(2001) § 2)
Chapter 16: Conditional Uses (in part):
12-16-1: PURPOSE; LIMITATIONS: In order to provide the flexibility necessary
to achieve the objectives of this title, specified uses are permitted in certain
districts subject to the granting of a conditional use permit. Because of their
unusual or special characteristics, conditional uses require review and evaluation
so that they maybe located properly with respect to the purposes of this title and
with respect to their effects on surrounding properties. The review process
prescribed in this chapter is intended to assure compatibility and harmonious
development between conditional uses and surrounding properties and the town
at large. Uses listed as conditional uses in the various districts maybe permitted
subject to such conditions and limitations as the town may prescribe to ensure
that the location and operation of the conditional uses will be in accordance with
development objectives of the town and will not be detrimental to other uses or
properties. Where conditions cannot be devised to achieve these objectives,
applications for conditional use permits shall be denied.
12-16-6: CRITERIA; FINDINGS (in part):
A. Factors Enumerated: Before acting on a conditional use permit application,
the planning and environmental commission shall consider the following
factors with respect to the proposed use:
9
1. Relationship and impact of the use on development objectives of the
town.
2. Effect of the use on light and air, distribution of population,
transportation facilities, utilities, schools, parks and recreation
facilities, and other public facilities and public facilities needs.
3. Effect upon traffic, with particular reference to congestion, automotive
and pedestrian safety and convenience, traffic flow and control,
access, maneuverability, and removal of snow from the streets and
parking areas.
4. Effect upon the character of the area in which the proposed use is to
be located, including the scale and bulk of the proposed use in
relation to surrounding uses.
5. Such other factors and criteria as the commission deems applicable to
the proposed use.
6. The environmental impact report concerning the proposed use, if an
environmental impact report is required by Chapter 12 of this title.
8. Necessary Findings: The planning and environmental commission shall make
the following findings before granting a conditional use permit:
1. That the proposed location of the use is in accordance with the
purposes of this title and the purposes of the zone district in which the
site is located.
2. That the proposed location of the use and the conditions under which
it would be operated or maintained will not be detrimental to the public
health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity.
3. That the proposed use will comply with each of the applicable
provisions of this title. (Ord. 29(2005) § 38: Ord. 10(1998) § 9: Ord.
22(1996) § 3: Ord. 36(1980) § 1: Ord. 8(1973) § 18.600)
12-16-7: USE SPECIFIC CRITERIA AND STANDARDS (in part):
15. Business Offices and Professional Offices in the Housing (H) District:
a. Business and professional offices shall be secondary to the residential
use of the District. The net floor area of the office use shall be not greater
than 15% of the net floor area of the development site.
b. The sale of merchandise shall be prohibited.
c. Off-street parking shall be provided in accordance with the provisions
of Chapter 12-10 of this title and shall be clearly separate from the area
designated for residential parking.
d. No overnight parking or storage of commercial vehicles associated
with the professional or business office use shall be permitted.
e. Signage shall be permitted in accordance with Section 11-6-3-A:
Business Signs within Sign District 1 (Title 11: Sign Regulations, Vail
Town Code) and shall be subject to design review.
f. The number of employees allowed in a business office or professional
office within the Housing District shall not exceed one employee for each
200 square feet of net floor area.
g. Homeowner Association or property owner approval shall be required
of all Conditional Use Permit applications for a Professional Office or a
10
Business Office within the Housing (H) District pursuant to Section 12-11-
4: B: D, Application Form, Vail Town Code.
Chapter 17: Variances
12-17-1: PURPOSE:
A. Reasons For Seeking Variance: In order to prevent or to lessen such
practical difficulties and unnecessary physical hardships inconsistent with
the objectives of this title as would result from strict or literal interpretation
and enforcement, variances from certain regulations may be granted. A
practical difficulty or unnecessary physical hardship may result from the
size, shape, or dimensions of a site or the location of existing structures
thereon; from topographic or physical conditions on the site or in the
immediate vicinity, or from other physical limitations, street locations or
conditions in the immediate vicinity. Cost or inconvenience to the
applicant of strict or literal compliance with a regulation shall not be a
reason for granting a variance.
8. Development Standards Excepted: Variances may be granted only with
respect to the development standards prescribed for each zone district,
including lot area and site dimensions, setbacks, distances between
buildings, height, density control, building bulk control, site coverage,
usable open space, landscaping and site development, and parking and
loading requirements; or with respect to the provisions of Chapter 11 of
this title, governing physical development on a site.
12-21-10: DEVELOPMENT RESTRICTED:
A. No structure shall be built in any flood hazard zone or red avalanche
hazard area. No structure shall be built on a slope of forty percent (40%)
or greater except in single-family residential, two-family residential, or
two-family primary/secondary residential zone districts. The term
"structure" as used in this section does not include recreational structures
that are intended for seasonal use, not including residential use.
8. Structures may be built in blue avalanche hazard areas provided that
proper mitigating measures have been taken.
C. The administrator may require any applicant or person desiring to build in
an avalanche hazard zone of influence to submit a definitive study of the
hazard area in which the applicant proposes to build if the town's master
hazard plan does not contain sufficient information to determine if the
proposed location is in a red hazard or blue hazard area. The requirement
for additional information and study shall be done in accord with chapter
12 of this title.
D. The administrator may require any applicant or person desiring to build in
an identified blue avalanche hazard zone to submit additional information
or reports as to whether or not improvements are required to mitigate the
possible hazard. If mitigation is required, said information and report
should specify the improvements proposed in the blue avalanche hazard
zone. The required information and reports shall be done in accordance
with Chapter 12 of this title.
Vail Land Use Plan (in part):
11
CHAPTER 11-LAND USE PLAN GOALS /POLICIES
The goals articulated here reflect the desires of the citizenry as expressed
through the series of public meetings that were held throughout the project. A
set of initial goals were developed which were then substantially revised after
different types of opinions were brought out in the second meeting. The goal
statements were developed to reflect a general consensus once the public had
had the opportunity to reflect on the concepts and ideas initially presented. The
goal statements were then revised through the review process with the Task
Force, the Planning and Environmental Commission and Town Council and now
represent policy guidelines in the review process for new development proposals.
These goal statements should be used in conjunction with the adopted Land Use
Plan map, in the evaluation of any development proposal.
The goal statements which are reflected in the design of the proposed Plan are
as follows:
1. General Growth /Development
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve
both the visitor and the permanent resident.
1.2 The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
1.3 The quality of development should be maintained and upgraded whenever
possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
2. Skier /Tourist Concerns
2.1 The community should emphasize its role as a destination resort while
accommodating day visitors.
5. Residential
5.1 Additional residential growth should continue to occur primarily in existing,
platted areas and as appropriate in new areas where high hazards do not
exist.
5.3 Affordable employee housing should be made available through private
efforts, assisted by limited incentives, provided by the Town of Vail, with
appropriate restrictions.
5.4 Residential growth should keep pace with the market place demands for a
full range of housing types.
12
VI.
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.
PRELIMINARY ZONING ANALYSIS
Address/Legal Description: 501 North Frontage Road West, Lot 8, Block 2, Vail
Potato Patch, Filing
Parcel Size: 1.0 acre (43,560 sq. ft.)
Buildable Lot Area: .511 acres (22,259 sq. ft.)
Existing Zoning: Housing (H)
Land Use Designation: Medium Density Residential
Hazards: 40% Slope; Medium Severity Rockfall
Development Standard* Allowed/Required Existin Proposed
Lot Area: Per Development 43,560 sq. ft. No Change
Plan
Setbacks All Sides: 20', or Per
Development Plan
Front: 20'* 36'
Side: 20' 15'**
Rear: 20' 85'
Building Height: Per Development 36' 84'
Plan
Density:
EHUs Per Development 24 EHUs 82 EHUs
Plan
DUs 30% total GRFA, or 0 0
Per Development
Plan
Site Coverage: 23,958 sq. ft. or 6,100 sq. ft. 13,000 sq. ft.
55%; or Per or 14% or 30%
Development Plan
Landscape Area: 13,068 sq. ft. 37,460 sq. ft. 30,560 sq. ft.
or 30% or 85% or 70%
Parking
Spaces/Unit 133 spaces; or Per 27 spaces 77 spaces***
Development Plan
Compact 25% allowed; or Unknown 27% or
33 spaces 20 spaces
Loading 2 berths; or Per 1 berth 2 berths
Development Plan
Note:
Improvements on the south side of the property currently encroach into the front 20 foot setback.
13
Improvements proposed on the west side of the site will encroach into the 20 foot side setback; the PEC
may, at its discretion, approve variations to the required setbacks.
'~~ Of the 77 parking spaces proposed, 69 spaces are covered/within the building (90% of total provided);
57 spaces will serve 82 employee housing units and 20 are proposed to serve 4,850 sq. ft. of office
uses. Total parking provided for residential uses averages .7 spaces per employee housing unit; .38
spaces per bed.
VII. SURROUNDING LAND USES AND ZONING
Land Use Zoning
North: Open Lands Natural Area Preservation District
South: CDOT R.O.W. N/A
East: Open Lands Natural Area Preservation District
West: Public School General Use District
VIII. REVIEW CRITERIA
Development Standards and Criteria
Pursuant to Section 12-61-13, Development Standards and Criteria for
Evaluation, Vail Town Code, the following development standards and review
criteria shall be considered in any evaluation of the project:
12-61-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION:
The following criteria shall be used as the principal means for evaluating a
proposed development plan. It shall be the burden of the applicant to
demonstrate that the proposed development plan complies with all applicable
design criteria:
A. Building design with respect to architecture, character, scale, massing and
orientation is compatible with the site, adjacent properties and the
surrounding neighborhood.
Staff Response:
Staff believes, overall, the building and site have been designed to be
compatible with the site, adjacent properties and the surrounding
neighborhood, given a relatively small parcel with significant constraints such
as easements and unbuildable areas (areas over 40% slope).
Architecture
The architecture presented is compatible with the site, adjacent properties
and the surrounding neighborhood. Specifically, Staff believes the
proposed design and use of materials, detailing and fenestration, is
presented in a consistent and logical manner around the structure. The
design reinforces the architectural design and detailing apparent within the
Town, specifically within the village and Lionshead areas. Roof
composition, overhangs, eave lines and heights, as well as, dormer design
generally enhance the building massing. Proposed concrete "foundation"
details on the first two stories are presented to compliment materials and
detailing apparent on Red Sandstone Middle School. Fenestration is
generally responsive to the unit layout, yet responds to orientation of the
building (passive solar gain).
14
The applicant proposes, conceptually, a concrete form construction
technique proposed for the core and shell of the building. The proposed
pre-formed panelized system comes textured and colored to emulate
stucco and wood. Staff believes that using such materials will produce a
long-lasting, relatively maintenance free structure - a benefit to the Owner
and residents. Regardless of the materials and construction technique to
be used, the applicant generally proposes to use "heavier" materials
(concrete and stucco) on the lower portions of the building, with "lighter"
materials or textures to represent both horizontally and vertically oriented
wood on upper portions of the building and on minor building elements.
Staff suggests that the applicant study introducing "lighter" materials and/or
textures on the proposed dormer elements. Pursuant to Section 14-10-5,
Building Materials and Design, Vail Town Code, concrete is a permitted
exterior material, provided however that the surface "shall be treated with
texture and color." Staff reminds the applicant that a materials board will be
subject to design review, and that all exterior materials, colors and textures.
Character
Staff believes the plans proposed will enhance the overall character of the
surrounding neighborhood. Specifically, the character of the development
is consistent with other new construction being completed within the Town.
The architecture is compatible with the site and surrounding properties and
will also reinforce the design and detailing apparent within the Town.
Scale and Massing
Staff believes that the applicant has designed the proposed building to
meet several objectives and goals of Town and of the Owner. The
applicant has done so while working with a significantly constrained site
and while attempting to respect adjacent properties and structures. Staff
believes that the resulting scale of the building, although somewhat
imposing on the site, will generally be compatible with the site - a
previously disturbed lot surrounded by steep hillside and rather sparse
vegetation, a school site and a main arterial roadway. The scale and
massing will surpass any other structures in the surrounding neighborhood
(the school).
Therefore, the applicant and Commission should discuss the larger issues
related to the capacity of this site to absorb the proposed density (EHUs), in
relation to the Town's goals to provide sites and to provide incentives to
support private, affordable employee housing development by private
efforts. Specifically, Staff is still concerned that the proposed height of the
building on this site, in conjunction with parking variations being requested
could be construed as attempting to "fit" too much residential and office
space program on a constrained site.
Orientation
Staff believes that the applicant has designed the proposed building to
meet several objectives and goals of Town and of the Owner. The
applicant has done so while working with a significantly constrained site
and while attempting to respect adjacent properties and structures. The
building is generally sited in response to several existing site constraints,
1
including several easements, slopes in excess of 40% covering much
(approximately 50%) of the site, CDOT Right-of-way and setbacks.
The main portion of building mass is oriented along the contours of the site,
on an east/west axis. Although this alignment may contribute to the
perceived scale and height of the building, Staff believes this orientation
also allows for the design to optimize views and solar gain for both passive
and active (solar panels) solar energy usage. Staff also believes that the
design and orientation of the building are specifically proposed to minimize
the amount of disturbance on the site; specifically, although the applicant
proposes minor building encroachments into the 40% slope behind the
building, most disturbance is concentrated on the most buildable portions of
the lot.
Building siting and orientation also respond to the existing vehicular access
point (to be maintained) along North Frontage Road. Specifically, the
applicant's desire to maintain and improve this access point, and the
resulting requirements to improve the access angles and driveway
gradients to the Town's and CDOT's current standards contribute to the
current building location and orientation.
8. 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.
Staff Response:
Staff believes that, overall, the building and associated improvements, uses
and activities are designed to produce a functional development plan that is
generally responsive to a small development site with limited buildable area
and other constraints.
Site Access and Traffic Impacts
The applicant proposes site access from the existing road/curb cut along
North Frontage Road. While maintaining this access point, the proposed
driveway will be re-aligned slightly, causing additional disturbance (grading,
excavation, retainage, paving and planting) on the adjacent Town owned
property (Tract A), which is zoned Natural Area Preservation (NAP). The
applicant has obtained a "permission to proceed" through the development
review process from the Vail Town Council (i.e. the "property Owner") to allow
for improvement on Tract A. In the future, prior to or concurrent with building
permit application, the applicant will be required to obtain an access
easement from the Town for any re-aligned driveway access across Tract A.
In addition, the applicant must commence all necessary planning and
permitting necessary through CDOT and any public utility for any
improvements within rights-of-way and platted utility easements. Specifically,
an access permit from CDOT will be required for any additional road cut
along North Frontage Road.
The applicant has submitted a Traffic Impact Report, dated February 25,
2008. The purpose of this report is to "determine if the redevelopment of
Solar Vail will require auxiliary lanes according to State of Colorado State
16
Highway Access Code." As well, the Town of Vail will use this report in
calculating a Traffic Impact Fee to be assessed. The report generally
concludes that the use of the site -including limited office uses, housing for
mostly seasonal workers and limited on-site parking -will produce a "low
volume" of additional traffic, thus not triggering the construction of additional
right or left turn auxiliary lanes.
Building Improvements and Activities
Staff believes the proposed building design and activities -including limited
Professional Office uses for Sonnenalp Properties and an architectural firm,
as well as, a substantial amount of employee housing for seasonal
employees of Sonnenalp Properties -have been designed and located to
produce a functional development plan responsive to the site, the
surrounding neighborhood and uses, and the community as a whole.
Specifically, the building has been sited and oriented to take advantage of
site contours, solar gain, existing disturbance on the site and existing access
points. Further, the building design features efficient layout for a substantial
number of employee housing units, including studios, 1-bedroom, 3-bedroom
and 4-bedroom units. The plan includes limited outdoor areas (courtyard) to
be used by residents, however much of the space within the building is
proposed for individual living space, not common areas. The building and
proposed employee housing uses are located within walking distance to
employment centers, mass transit stops, parks and open space, bike paths
and pedestrian ways. While it is unlikely that any residents of the building will
have school aged children, the building is adjacent to a public school.
Staff believes the applicant has responded well to concerns expressed by the
School District regarding the probability of Solar Vail residents accessing the
school site en route to pedestrian ways and a mass transit stop. Plans
received by the Community Department on March 3, 2008, show a fence and
substantial landscape plantings located along the common property line
between the Solar Vail site and the Red Sandstone Middle School property
(Town owned land). In addition, the applicant has revised plans for a
stairway leading from the Solar Vail building, directly to an existing sidewalk
located along the north side of North Frontage Road to encourage usage by
residents. Staff believes that these design solutions effectively addresses
concerns expressed by the School District.
The applicant is proposing variations to setbacks, both for building
improvements and for surface parking spaces. Pursuant to Section 12-61-8,
Parking and Loading, Vail Town Code, "No parking or loading area shall be
located within any required setback area." However, Section 12-61-8 also
states that "At the discretion of the planning and environmental commission,
variations to the parking standards outlined in chapter 10 of this title may be
approved during the review of a development plan subject to a parking
management plan." Staff believes that, unless a variation to permit parking
within the front setback is granted, two surface parking spaces, both
compact, will be eliminated.
The applicant has revised the plans since being reviewed by the Town of Vail
Public Works Department to specifically address site plan issues concerning
17
snow storage; more snow storage is now shown at various locations around
and along the proposed access driveway.
Lastly, the applicant proposes to use an existing road/curb cut for access to
the site, while improving driveway gradients, site lines and access angles. In
addition, the applicant proposes to construct ahammer-head in association
with the driveway improvements to allow for improved maneuvering and to
ensure that vehicles exit the site in a forward gear rather than in a backing
motion.
C. Open space and landscaping are both functional and aesthetic, are designed
to preserve and enhance the natural features of the site, maximize
opportunities for access and use by the public, provide adequate buffering
between the proposed uses and surrounding properties, and when possible,
are integrated with existing open space and recreation areas.
Staff Response:
Functionality and Aesthetics
The applicant has submitted revised site, drainage and landscape plans
generally demonstrating that open space and landscaping are functional and
aesthetic. As plans are further developed, they should be coordinated to
ensure that all site disturbance is mitigated, all site drainage does not cause
adverse impacts on neighboring properties and that proposed re-vegetation
(new plantings) is proposed in areas that will have the highest benefit for the
residents of the proposed development, as well as for the neighboring
property owners and general public. Specifically, plans should be developed
to ensure coordination between existing and proposed site grading, retainage
and drainage.
Preservation and Enhancement of the Site
Although the proposed building, driveway and retainage improvements are
proposed almost entirely within areas of the site that have previously been
disturbed and/or developed, Staff believes that proposed plans demonstrate
that site disturbance will be minimized and properly mitigated, thus preserving
the natural qualities of the site. Further, Staff believes the revised landscape
plan -including substantial deciduous and evergreen tree and shrub species,
ground covers and native grass and wildflower seed mixes -will greatly
enhance the site while blending the building to the surrounding area. Staff
suggests that as plans are further developed, a site re-vegetation and erosion
control plan will be required showing details of all areas to receive native re-
seeding, as well as specifying rates of application, temporary irrigation to be
used. In addition, final landscaping and re-vegetation plans should show
locations where "transplanted" Sage and Rabbitbrush will be planted along or
near limits of disturbance, to ensure that limits of disturbance are blended
back into the natural areas of the site.
Open Space Access and Use
Staff believes that, despite limited opportunities for access and use by the
residents of any usable "open space", the proposed landscaping is both
functional and aesthetic, is designed to preserve and enhance the natural
features of the site, allow opportunities for access and use by the residents,
18
provide adequate buffering between the proposed uses and surrounding
properties, and when possible, are integrated with existing open space and
recreation areas. Staff believes that the applicant should continue to develop
the landscape plan to incorporate more plantings on the south and east sides
of the subject property, and perhaps on the neighboring properties (with
express approval from the Town of Vail, the "Property Owner") to provide
additional buffering and blending of the structure with the surrounding area
and specifically to mitigate apparent building bulk and mass as viewed from I-
70 and the North Frontage Road.
Buffering
Staff believes that the revised landscape plan provides better blending or
buffering of the building to the site. The applicant has added plantings, both
on the east and west sides of the development, to aid in blending the new
building and disturbed areas to the surrounding areas and specifically to
provide separation (in conjunction with a fence) along the west property line
between Solar Vail and Red Sandstone Middle School.
D. A pedestrian and vehicular circulation system designed to provide safe,
efficient and aesthetically pleasing circulation to the site and throughout the
development.
Staff Response:
The applicant proposes pedestrian and vehicular circulation systems which
address internal and external circulation needs. The plans show an improved
access drive, staging areas for Fire Department use, a hammer head
designed to allow proper maneuvering and exiting, and short term surface
parking spaces for office uses. The plan includes two levels of structured
parking for residents and office uses. The plans also include new concrete
pathways and stairs which provide access to and from the existing sidewalk
along North Frontage Road. This configuration also provides for better
separation of employee housing uses on the site from the adjacent school
property, by routing residents of the Solar Vail building directly to the sidewalk
rather than encouraging continued travel through the school site.
E. Environmental impacts resulting from the proposal have been identified in the
project's environmental impact report, if not waived, and all necessary
mitigating measures are implemented as a part of the proposed development
plan.
Staff Response:
Environmental impacts resulting from the proposal have not been identified.
Staff believes that an environmental impact report for this development
proposal is not necessary as the site is already developed. However, the
Commission should determine if the project will require an environmental
impact report. Such report, if required, should include any and all necessary
mitigating measures, to be implemented as a part of the proposed
development plan.
F. Compliance with the Vail comprehensive plan and other applicable plans.
Staff Response:
19
Staff believes that the proposed plans are in general compliance with the Vail
Comprehensive Plan and other applicable plans. Specifically, Staff believes
the following goals from the Vail Land Use Plan are applicable to and support
the review of this proposed development plan:
1. General Growth /Development
1.1 Vail should continue to grow in a controlled environment, maintaining
a balance between residential, commercial and recreational uses to
serve both the visitor and the permanent resident.
1.2 The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
2. Skier /Tourist Concerns
2.1 The community should emphasize its role as a destination resort while
accommodating day visitors.
2.2 The ski area owner, the business community and the Town leaders
should work together closely to make existing facilities and the Town
function more efficiently.
5. Residential
5.1 Additional residential growth should continue to occur primarily in
existing, platted areas and as appropriate in new areas where high
hazards do not exist.
5.3 Affordable employee housing should be made available through
private efforts, assisted by limited incentives, provided by the Town of
Vail, with appropriate restrictions.
5.4 Residential growth should keep pace with the market place demands
for a full range of housing types.
5.5 The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community.
Conditional Use Applications and Review Criteria
Pursuant to Section 12-61-3, Conditional Uses:
"The following uses shall be permitted in H district, subject to issuance of a
conditional use permit in accordance with the provisions of Chapter 16 of
this Title:
20
Commercial uses which are secondary and incidental (as determined by
the planning and environmental commission) to the use of employee
housing and specifically serving the needs of the residents of the
development, and developed in conjunction with employee housing..."
The applicant proposes three separate conditional uses within the project, for
Professional Office Uses, Type V/ Employee Housing and Public Utilities
Installations including Transmission Lines and Appurtenant Equipment. All three
conditional uses shall be reviewed separately according to Sections 12-16-6:
Criteria and Findings. Each conditional use is being proposed as "secondary and
incidental to the use of employee housing". Staff believes that proposed Type VI
Employee Housing is a primary use, despite being classified as a conditional
use. And, Staff believes that proposed Professional Office Use, and Public
Utilities Installations including Transmission Lines and Appurtenant Equipment
uses are secondary and incidental to the use of employee housing.
Staff believes that Professional Office use for Sonnenalp Properties
administrative services represents a use specifically serving the needs of the
residents, who will most likely be employees of Sonnenalp Properties. In
question is the use of office space for an architectural office as a use "specifically
serving the needs of the residents of the development..." If, however, as part of
the ownership and housing management plan for the building, employees of the
architectural office are provided opportunities to live on-site (live/work), Staff
believes that the intent - to ensure that conditional uses are secondary and
supportive of employee housing uses -will be met.
Professional Office Uses:
12-16-6: CRITERIA; FINDINGS (in part):
1. Relationship and impact of the use on development objectives of the town.
Staff response:
Staff believes the Staff believes the proposed development generally meets
several development objectives of the Town. Specifically, the applicant
proposes to replace aging employee housing currently of limited benefit to the
applicant and to the Town, and to replace that housing with 82 new, deed
restricted employee housing units of varying sizes, as well as, new office
space within the Town, and within close proximity (walking distance) to the
Village. The development, specifically the proposed Professional Office
uses, is located in close proximity to public transportation routes, vehicular
and pedestrian transportation routes. Staff believes the following goals from
the Vail Land Use Plan are applicable to and support the review of this
proposed conditional use:
1. General Growth /Development
1.1 Vail should continue to grow in a controlled environment, maintaining
a balance between residential, commercial and recreational uses to
serve both the visitor and the permanent resident.
21
1.2 The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas)
Skier /Tourist Concerns
2.1 The community should emphasize its role as a destination resort while
accommodating day visitors.
2.2 The ski area owner, the business community and the Town leaders
should work together closely to make existing facilities and the Town
function more efficiently.
2. Effect of the use on light and air, distribution of population, transportation
facilities, utilities, schools, parks and recreation facilities, and other public
facilities and public facilities needs.
Staff response:
Staff believes the proposed conditional use will have little or no adverse
impacts on light and air, distribution of population, transportation facilities,
utilities, schools, parks and recreation facilities, and other public facilities and
public facilities needs.
Specifically, staff believes that the provision of additional, new office space
within the Town and in close proximity to housing, the Village, public
transportation, vehicular and pedestrian transportation routes, a public
school, public park and recreation facilities will generally have beneficial
impacts on the community.
The applicant should be required to clarify the Eagle River Water and
Sanitation District's intent and capacity to serve this development with water
and sewer service prior to any further submittals or review for this proposal to
ensure that the District has adequate public facilities.
3. Effect upon traffic, with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the streets and parking areas.
Staff response:
Staff believes the proposed conditional use will have little or no adverse
impacts upon traffic (congestion) in the area. Specifically, the provision of
increased employee housing density on this existing residential site, in
combination with limited office usage and limited parking available on site, will
reduce the amount of cars entering and exiting the development and
generally encourage use by residents of public transportation. In addition,
the design of the driveway improvements, inclusive of a hammer head will
22
enhance the ability of vehicles, including emergency vehicles, to maneuver
on the site.
The plans generally demonstrate that the development will function
(internally) and not adversely impact automotive and pedestrian circulation,
safety and convenience off-site. As well, parking provided on site -for
residents, business operations and guests -will provide a safe and efficient
relationship with traffic on North Frontage Road. The provision of a
hammerhead is critical to the functionality of the internal circulation plan for
the site. The applicant has provided engineered plans showing the turning
motions (turning radii) of a typical emergency services vehicle (fire truck),
demonstrating that vehicles will be able to exit the site in a forward gear on to
an arterial roadway and bus route. As plans for the site are further developed
and, prior to or concurrent with any application for Design Review, the
applicant should develop a strategy (signage and grounds management plan)
to ensure that the hammerhead is maintained in the winter months free from
snow storage and accumulation - to ensure use by all vehicles, and
especially emergency services vehicles.
The applicant has submitted a Traffic Impact Report, dated February 25,
2008. The purpose of this report is to "determine if the redevelopment of
Solar Vail will require auxiliary lanes according to State of Colorado State
Highway Access Code." As well, the Town of Vail will use this report in
calculating a Traffic Impact Fee to be assessed. The report generally
concludes that the use of the site -including limited office uses, housing for
mostly seasonal workers and limited on-site parking -will produce a "low
volume" of additional traffic, thus not triggering the construction of additional
right or left turn auxiliary lanes.
Effect upon the character of the area in which the proposed use is to be
located, including the scale and bulk of the proposed use in relation to
surrounding uses.
Staff response:
Staff believes that the proposed development will generally have a positive
effect, overall, on the character of the surrounding area. Specifically,
although the bulk and scale of the proposed building well surpasses the
existing Solar Vail structure on the site, Staff believes that the applicant has
designed the building to fit the site and to accommodate a significant amount
of building (space) program. This has been accomplished while working with
a relatively small site with fairly significant constraints, such as slopes in
excess of 40% covering approximately 50% of the site. The bulk, scale and
massing of the building generally aligns with the contours of the site.
Benching the building into the site would require a variance to develop on
slopes greater than 40%. Benching or stepping the foundation, building and
roof forms into the hillside would also impact the financial viability of this
privately financed project to provide employee housing within the Town. The
applicant proposes a type of construction (concrete form) that is cost effective
and sustainable, but that may not allow for maximum flexibility in design
options.
23
However, Staff is concerned about the introduction of an eight story mass on
this highly prominent site. Again, for the above stated reasons, Staff
understands the applicant's approach to the design of the proposed building.
However, Staff believes the applicant and Commission should discuss the
larger issues related to effective and efficient development of the site, with
specific attention paid to to any alternative massing of building and roof forms
to better "step" the building up the site. Inherent in this discussion should be
the Commission's feedback relative to a potential variance for development
on slopes in excess of 40%. Critical to this discussion is the need for the
Commission to provide clear direction and feedback relative to the overall
bulk, mass and absolute height of the proposed building prior to the applicant
proceeding forward in the development review process. The applicant should
be prepared to provide justification and evidence supporting the proposed
design of the structure relative to the surrounding neighborhood.
5. Such other factors and criteria as the commission deems applicable to the
proposed use.
Staff Response:
Staff does not recommend any other factors or criteria applicable at this time.
6. The environmental impact report concerning the proposed use, if an
environmental impact report is required by Chapter 12 of this title.
Staff Response:
Staff does not believe that an environmental impact report for this project
should be required.
Type VI Employee Housing:
The Housing District is intended to "provide adequate sites for employee
housing..." Type VI Employee Housing units are allowed only as a conditional
use. In addition, the applicant requests review of conditional use permits for:
Public Utilities Installations including Transmission Lines and Appurtenant
Equipment; and Professional Offices.
Although the Housing District is intended to "provide adequate sites for employee
housing", Type VI Employee Housing units are allowed only as a conditional use.
In addition, the applicant requests review of conditional use permits for: Public
Utilities Installations including Transmission Lines and Appurtenant Equipment;
and Professional Offices.
Employee Housing Plan
In accordance with the provisions of the Housing District, the applicant has
submitted a conditional use permit for Type VI employee housing units.
Pursuant to Section 12-13-3, the applicant has provided an Employee
Housing management plan for review by the Commission (Attachment E).
Section 12-13-3, sub-paragraph E, Vail Town Code, states the following:
E. Written Management Plan For Type VI EHUs: For the purposes of this
title, a type VI EHU is an EHU which shall be governed by a written
management plan or other written program approved by the planning
24
and environmental commission. The management plan is the principal
document in guiding the use of a type VI EHU. The management plan
shall be reviewed and approved by the planning and environmental
commission as part of the conditional use permit application for a type
VI EHU in accordance with chapter 16 of this title.
1. Management Plan Contents:
a. Parameters: The management plan shall include all relevant
material and information necessary to establish the parameters of the
type VI EHUs.
b. Exclusive Use: The management plan shall demonstrate that the
type VI EHUs are exclusively used for and remain available for
employee housing.
c. Notice Of Record: The management plan shall provide a
mechanism to provide adequate notice of record to prospective
owners to ensure that the requirements of the plan shall be met with
any future changes in ownership.
d. Occupancy: The management plan shall include adequate
provisions to ensure that the EHUs shall be occupied, and shall not
remain vacant for a period to exceed three (3) consecutive months.
e. Affidavit: No later than February 1 of each year, the owner of a type
VI EHU shall submit to the department of community development
one copy of a sworn affidavit on a form from the department of
community development, to establish that the EHU has been used in
compliance with the management plan.
f. Other Items: The management plan shall include such other items
as the planning and environmental commission or the administrator
deems necessary. "
Staff believes the plan addresses each of the above parameters or criteria.
Specifically, the plan outlines the number and type of employee housing units to
be provided within the development and specifies that such units will be for rental
purposes only. The plan specifies that rentals will be controlled by the applicant's
property management company, to be housed on-site within the proposed
professional office space. The plan calls for priority to be given employees
working in the Town of Vail and for rents to remain "attainable".
The plan calls for all units to be deed restricted per the Town of Vail
requirements. Deed restrictions, to be recorded prior to the developer requesting
a Certificate of Occupancy for the building, will be "by unit". The plan specifically
addresses deed restricted units existing today within the existing Solar Vail
building. These units total approximately 5,730 square feet. These units will be
replaced in the new development and will be deed restricted under a "blanket"
type deed restriction.
The plan proposes to link office space (4,850 square feet proposed) to employee
housing units through deed restriction assignment. Specifically, the proposed
office space will generate a mitigation rate of 3.1 employees. Therefore, the
applicant proposes to dedicate or assign 3.1 beds to the building owner. Staff
views this provision (of providing the minimum on-site mitigation) as limiting the
potential for a true "live/work" situation within this project. Simply, Staff
2
encourages the applicant to consider the number of employees that will be
employed at the architectural offices planned for the site, as well as the
administrative employees that will use the Sonnenalp properties spaces and to
ensure that those employees are afforded an opportunity to live and work on the
site. The plan should be revised to specify how the 3.1 beds will be tied to
dedicated parking spaces within the building. The plan specifies that the type VI
EHUs will exclusively be used for and remain available for employee housing.
The plan should be revised to provide more details regarding provisions to
ensure proper and optimal occupancy.
Staff recommends that the plan be revised to ensure that deed restrict unit(s)
assigned to office uses (mitigation) also be linked to dedicated parking spaces
within the building and that the applicant continue to study the housing plan and
the proposed ownership and deed restriction structure to ensure that a true
"live/work" opportunity is afforded local employees working within the building.
12-16-6: CRITERIA; FINDINGS (in part):
1. Relationship and impact of the use on development objectives of the town
Staff response:
Staff believes the proposed conditional use generally meets several
development objectives of the Town. Specifically, the applicant proposes to
replace aging employee housing currently of limited benefit to the applicant
and to the Town, and to replace that housing with 82 new, deed restricted
employee housing units of varying sizes within the Town, and within close
proximity (walking distance) to the Village. The development, specifically the
provision of a significant amount of employee housing, is located in close
proximity to public transportation routes, vehicular and pedestrian
transportation routes. Staff believes the following goals from the Vail Land
Use Plan are applicable to and support the review of this proposed
conditional use:
1.1 Vail should continue to grow in a controlled environment, maintaining
a balance between residential, commercial and recreational uses to
serve both the visitor and the permanent resident.
1.2 The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas)
5.1 Additional residential growth should continue to occur primarily in
existing, platted areas and as appropriate in new areas where high
hazards do not exist.
26
5.3 Affordable employee housing should be made available through
private efforts, assisted by limited incentives, provided by the Town of
Vail, with appropriate restrictions.
5.4 Residential growth should keep pace with the market place demands
for a full range of housing types.
5.5 The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community.
2. Effect of the use on light and air, distribution of population, transportation
facilities, utilities, schools, parks and recreation facilities, and other public
facilities and public facilities needs.
Staff Response:
Staff believes that the proposed conditional use will have little or no adverse
impacts on light and air, distribution of population, transportation facilities,
utilities, schools, parks and recreation facilities, and other public facilities and
public facilities needs.
Specifically, staff believes that the provision of increased employee housing
density in close proximity to the Village and employment centers, public
transportation, vehicular and pedestrian transportation routes, a public
school, public park and recreation facilities will generally have beneficial
impacts on the community.
However, the School District has expressed their concern regarding the
increased number of employee housing units being proposed next to Red
Sandstone Middle School. Specifically, the District has stated that the
continued use of the property for employee housing, and the potential
continued use of pedestrian pathways from the Solar Vail site, across the
School parking lot and playground to the adjacent land bridge may result in
an increase in conflicts between residents of Solar Vail, and school uses. At
the February 25, 2008, Planning and Environmental Commission work
session to discuss the proposal, the School District suggested that the
existing path from Solar Vail to the school parking lot/driveway be eliminated
and that a fence be erected between the two properties to ensure that
residents of Solar Vail do not continue to use the school property as a "short
cut" to the transit stop and the land bridge. The applicant has responded to
these concerns by revising the plans to incorporate a fence and additional
landscaping between the two properties. The applicant has also revised the
design of a new walkway and stairs leading from Solar Vail to the sidewalk
directly to the south of the proposed Solar Vail building,
These issues should be evaluated by the Commission and the applicant
should be prepared to discuss new information (revised plans showing a
fence and landscaping) provided.
Overall, Staff believes the development will not adversely impact Town
services, facilities and facilities needs. The applicant has provided a traffic
impact report demonstrating that the development will not adversely impact
27
public facilities and/or require additional public facilities (transportation
improvements) to service the development in the future.
As plans are developed further, and prior to or concurrent with any
application for Design Review, staff suggest that a lighting plan be developed
which meets the Town's lighting standards and which strives minimize the
impact of exterior lighting for this building via the use of full cut-off and
recessed fixtures.
3. Effect upon traffic, with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the streets and parking areas.
Staff Response:
Staff believes the proposed conditional use will have no adverse impacts
upon traffic (congestion) in the area. Specifically, the provision of increased
employee housing density on this existing residential site, in combination with
limited office usage and limited parking available on site, will reduce the
amount of cars entering and exiting the development and generally
encourage use by residents of public transportation. In addition, the design
of the driveway improvements, inclusive of a hammer head will enhance the
ability of vehicles, including emergency vehicles, to maneuver on the site.
The plans generally demonstrate that the development will function
(internally) and not adversely impact automotive and pedestrian circulation,
safety and convenience off-site. As well, parking provided on site -for
residents, business operations and guests -will provide a safe and efficient
relationship with traffic on North Frontage Road. The provision of a
hammerhead is critical to the functionality of the internal circulation plan for
the site. The applicant has provided engineered plans showing the turning
motions (turning radii) of a typical emergency services vehicle (fire truck),
demonstrating that vehicles will be able to exit the site in a forward gear on to
an arterial roadway and bus route. As plans for the site are further developed
and, prior to or concurrent with any application for Design Review, the
applicant should develop a strategy (signage and grounds management plan)
to ensure that the hammerhead is maintained in the winter months free from
snow storage and accumulation - to ensure use by all vehicles, and
especially emergency services vehicles.
The applicant has submitted a Traffic Impact Report, dated February 25,
2008. The purpose of this report is to "determine if the redevelopment of
Solar Vail will require auxiliary lanes according to State of Colorado State
Highway Access Code." As well, the Town of Vail will use this report in
calculating a Traffic Impact Fee to be assessed. The report generally
concludes that the use of the site -including limited office uses, housing for
mostly seasonal workers and limited on-site parking -will produce a "low
volume" of additional traffic, thus not triggering the construction of additional
right or left turn auxiliary lanes.
Effect upon the character of the area in which the proposed use is to be
located, including the scale and bulk of the proposed use in relation to
surrounding uses.
28
Staff Response:
Staff believes that the proposed development will generally have a positive
effect, overall, on the character of the surrounding area. Specifically,
although the bulk and scale of the proposed building well surpasses the
existing Solar Vail structure on the site, Staff believes that the applicant has
designed the building to fit the site and to accommodate a significant amount
of building (space) program. This has been accomplished while working with
a relatively small site with fairly significant constraints, such as slopes in
excess of 40% covering approximately 50% of the site. The bulk, scale and
massing of the building generally aligns with the contours of the site.
Benching the building into the site would require a variance to develop on
slopes greater than 40%. Benching or stepping the foundation, building and
roof forms into the hillside would also impact the financial viability of this
privately financed project to provide employee housing within the Town. The
applicant proposes a type of construction (concrete form) that is cost effective
and sustainable, but that may not allow for maximum flexibility in design
options.
However, Staff is concerned about the introduction of an eight story mass on
this highly prominent site. Again, for the above stated reasons, Staff
understands the applicant's approach to the design of the proposed building.
However, Staff believes the applicant and Commission should discuss the
larger issues related to effective and efficient development of the site, with
specific attention paid to to any alternative massing of building and roof forms
to better "step" the building up the site. Inherent in this discussion should be
the Commission's feedback relative to a potential variance for development
on slopes in excess of 40%. Critical to this discussion is the need for the
Commission to provide clear direction and feedback relative to the overall
bulk, mass and absolute height of the proposed building prior to the applicant
proceeding forward in the development review process. The applicant should
be prepared to provide justification and evidence supporting the proposed
design of the structure relative to the surrounding neighborhood.
5. Such other factors and criteria as the commission deems applicable to the
proposed use.
Staff Response:
Staff does not recommend any other factors or criteria applicable at this time.
6. The environmental impact report concerning the proposed use, if an
environmental impact report is required by Chapter 12 of this title.
Staff Response:
Staff does not believe that an environmental impact report for this project
should be required.
Public Utilities Installations including Transmission Lines and Appurtenant
Equipment
1. Relationship and impact of the use on development objectives of the town.
29
Staff response:
Staff believes the proposed conditional use generally presents a positive
relationship with, and impact on the development objectives of the Town.
Specifically, the applicant proposes to replace telecommunications antennae
approved for installation on the existing Solar Vail buildings with new
"vertically polarized" panel antennae. The continued service of
telecommunication devices in this location within the Town of Vail is
considered an important service to residents and guests, travelers and
emergency services providers. Installation of multiple panel antennae on the
new Solar Vail building is proposed on the east and west sides of the
building; to be mounted on the top floor of the building and on "chimney"
elements. The applicant proposes to paint the antennae to match the exterior
color of the building materials.
2. Effect of the use on light and air, distribution of population, transportation
facilities, utilities, schools, parks and recreation facilities, and other public
facilities and public facilities needs.
Staff Response:
Staff believes that the proposed conditional use will have little or no adverse
impacts on light and air, distribution of population, transportation facilities,
utilities, schools, parks and recreation facilities, and other public facilities and
public facilities needs.
Specifically, staff believes that the continued provision of telecommunications
devices for cellular phone service will have a positive impact on the
distribution of critical utility installations including transmission lines and
appurtenant equipment within the Town.
3. Effect upon traffic, with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the streets and parking areas.
Staff Response:
Staff believes the proposed conditional use will generally have no negative
impacts upon traffic congestion in the area.
4. Effect upon the character of the area in which the proposed use is to be
located, including the scale and bulk of the proposed use in relation to
surrounding uses.
Staff Response:
Staff believes that the proposed conditional use will have minimal adverse
effect, overall, on the character of the surrounding area. Specifically, the new
antennae proposed generally have a flat profile and can be painted to match
the exterior materials of the building without voiding the manufacturers
warranty or precluding effective transmission of telecommunications
(microwave) signals.
5. Such other factors and criteria as the commission deems applicable to the
proposed use.
30
Staff Response:
Staff does not recommend any other factors or criteria applicable at this time.
6. The environmental impact report concerning the proposed use, if an
environmental impact report is required by Chapter 12 of this title.
Staff Response:
Staff does not believe that an environmental impact report for this project
should be required.
IX. ADDITIONAL DISCUSSION ITEMS
Development Standards and Variations
Staff has performed an initial review of the proposed project for compliance with
the development requirements of the Housing (H) District, Section VI of this
memorandum. Within this analysis Staff has determined that this proposal is in
general compliance with the development parameters for setbacks, site
coverage, and landscaping. However, the following issues of non-compliance
and/or variation (requested) should be addressed during this work session:
Parking and Loading Variation
The Applicant is proposing to provide 77 parking spaces rather than the
total spaces 133 required pursuant to Chapter 10, Off Street Parking and
Loading Standards, Vail Town Code. This produces an average of .7
spaces per EHU and .38 spaces per "bed". Parking for residential (EHU)
uses is proposed in a tandem configuration within two levels of structured
parking. Parking for office uses (20 spaces) is separated from residential
parking. Pursuant to Section 12-61-8, the applicant has provided a
"parking management plan" (Attachment D) outlining and addressing self
imposed deed restrictions to limit the number of vehicles permitted per
tenant (or per unit), and defining how the shared tandem spaces will
function. Staff believes that the applicant should be prepared to justify
the requested variation to parking standards. Specifically, the applicant
should present all supporting documentation, including the proposed
parking plan, necessary to justify the requested variation. The
Commission should provide specific direction and feedback to the
applicant as to the acceptability of the proposed parking plan. By way of
background, the Commission provided direction at their August 27, 2007,
that a variation to parking standards was appropriate, in concept, in order
to facilitate development of privately funded employee housing within the
Town.
Improvements within Setbacks and Easements
The applicant proposes to construct below grade (covered) parking and
above grade building improvements within the 20 foot setback prescribed
in the Housing (H) District. Pursuant to section 12-61-5, the Planning
and Environmental Commission has discretion to approve
"variations" to the setback standards during the review of a
development plan. Section 12-61-5 states the following:
"The setbacks in this district shall be twenty feet (20') from the
perimeter of the zone district. At the discretion of the planning and
31
environmental commission, variations to the setback standards
maybe 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.
8. Proposed building setbacks will provide adequate
availability of light, air and open space.
C. Proposed building setbacks will provide a compatible
relationship with buildings and uses on adjacent
properties.
D. Proposed building setbacks will result in creative design
solutions or other public benefits that could not otherwise
be achieved by conformance with prescribed setback
standards.
The applicant has provided a written response to each of the above listed
criteria entitled Side Setback Variance Request for the Housing (H)
District (Attachment F). Staff believes that the proposed variations to
certain development standards within the Housing District are in
compliance with the criteria as follows:
A. Proposed building setbacks provide necessary separation between
buildings and riparian areas, geologically sensitive areas and other
environmentally sensitive areas.
Staff Response:
Staff believes the proposed building setback on the west side of the
Building will provide the necessary separation between buildings and
riparian areas, geologically sensitive areas and other environmentally
sensitive areas. Specifically, there are no riparian areas or other
environmentally sensitive areas identified on the site, and the
applicant will be required to submit a site specific geologic
investigation in conjunction with any building permit application to
specifically address areas of "moderate hazard rockfall" identified on
Lot 8.
8. Proposed building setbacks will provide adequate availability of light,
air and open space.
Staff Response:
Staff believes that the proposed building setbacks will provide
adequate availability of light, air and open space on the site and for
the surrounding areas. Specifically, the proposed building is
approximately ten feet closer on the western side of the property, to
any buildings on the School District site. And, while the proposed
building is substantially higher than the existing three story structures,
Staff believes that there will be no substantial impact on the
distribution of light and air on the adjacent property.
32
C. Proposed building setbacks will provide a compatible relationship with
buildings and uses on adjacent properties.
Staff Response:
Staff believes that the proposed setback on the west side of the
property will provide a compatible relationship with buildings (a school
and gymnasium) and uses on adjacent properties.
D. Proposed building setbacks will result in creative design solutions or
other public benefits that could not otherwise be achieved by
conformance with prescribed setback standards.
Staff Response:
Staff believes that, due to several site constraints such as multiple (3)
utility easements, an existing road/curb cut for access and slopes in
excess of 40% covering a large portion of the site, the proposed
setbacks will result in creative design solutions. Further, Staff
believes that by permitting a variation to the side setback, public
benefits of a privately funded employee housing project within the
Town will be realized, that could not otherwise be achieved by
conformance with prescribed setback regulations.
Regardless of any future variation approvals, Staff recommends that the
applicant commence with all required planning and permitting with the
Eagle River Water and Sanitation District regarding any proposed
improvements within platted easements and the status of any live utilities.
Further, Section 12-61-8, Parking and Loading, Vail Town Code states the
following (in part):
"No parking or loading area shall be located within any required
setback area. At the discretion of the Planning and Environmental
Commission, variations to the parking standards outlined in chapter
10 of this title maybe approved during the review of a development
plan subject to a parking management plan."
The applicant proposes to construct portions of two surface parking
spaces within the front and side (west) setbacks. The Commission should
review these improvements and determine if a variation from the parking
standards outlined in Chapter 10, Vail Town Code, are warranted. Again,
Staff believes that given the constraints inherent to this site and the
proposed project, approval for a variation to this particular parking and
setback standard may be warranted to achieve the goals and objectives
of the Town.
Hazard Areas
The subject property is located within areas identified as "Medium Severity
Rockfall" on the Town of Vail Official Rockfall Hazard Map. As such, the
applicant will be required to submit a site specific geologic investigation prior to
or concurrent with any application for a building or grading permit on the site.
33
Variance
The applicant proposes to construct certain, minor portions of the building within
areas of the lot identified as being in excess of 40% slope. Chapter 21, Hazard
Regulations, Vail Town Code, restricts development within such areas. Section
12-21-10, Development Restricted, Vail Town Code states (in part):
"No structure shall be built in any flood hazard zone or red avalanche
hazard area. No structure shall be built on a slope of forty percent (40%)
or greater except in single-family residential, two-family residential, or
two-family primary/secondary residential zone districts. The term
"structure" as used in this section does not include recreational structures
that are intended for seasonal use, not including residential use. "
Pursuant to Chapter 17, Variances, Vail Town Code, the applicant will be
required to apply for a variance to allow for construction of the structure within
these areas. Section 12-17-1, Purpose, states:
"In order to prevent or to lessen such practical difficulties and unnecessary
physical hardships inconsistent with the objectives of this title as would
result from strict or literal interpretation and enforcement, variances from
certain regulations may be granted. A practical difficulty or unnecessary
physical hardship may result from the size, shape, or dimensions of a site
or the location of existing structures thereon; from topographic or physical
conditions on the site or in the immediate vicinity; or from other physical
limitations, street locations or conditions in the immediate vicinity. Cost or
inconvenience to the applicant of strict or literal compliance with a
regulation shall not be a reason for granting a variance. "
Although the Commission has, in previous meetings with the applicant,
expressed general support for minor encroachments of building/structure to be
constructed within areas of 40% slope to facilitate the development of privately
funded employee housing within the Town, it will be the applicant's burden to
successfully complete the variance review and approval process and,
specifically, to address all criteria and findings for granting of a variance from
development standards. If a variance from this specific development standard is
not granted, the applicant will be required to revise the proposed development
plans to specifically remove any and all building improvements from any areas of
the lot identified as being in excess of 40% slope. Any and all new or revised
plans will be required to be reviewed by the Commission prior to the applicant
proceeding through the Design Review process or applying for a building permit.
X. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission approves, with conditions, the site specific
development plan for the Solar Vail property, pursuant to Section 12-61-11,
Development Plan Required, and certain conditional uses, pursuant to Section
12-61-3, Conditional Uses, Vail Town Code, to allow for a redevelopment of Solar
Vail into a mixed use development to include Type VI employee housing units,
professional offices, subterranean parking, and public utilities installations
including transmission lines and appurtenant equipment, located at 501 North
Frontage Road West, Lot 8, Block 2, Vail Potato Patch, and setting forth details
in regard thereto.
3=1
Should the Planning and Environmental Commission choose to approve the
proposed development plan and conditional use permits, the Department of
Community Development recommends the Commission pass the following
motion:
"The Planning and Environmental Commission approves, with conditions,
the Applicant's request for a site specific development plan for the Solar
Vail property, pursuant to Section 12-61-11, Development Plan Required,
and certain conditional uses, pursuant to Section 12-61-3, Conditional
Uses, Vail Town Code, to allow for a redevelopment of Solar Vail into a
mixed use development to include Type VI employee housing units,
professional offices, subterranean parking, and public utilities installations
including transmission lines and appurtenant equipment, located at 501
North Frontage Road West, Lot 8, Block 2, Vail Potato Patch, and setting
forth details in regard thereto. "
Should the Planning and Environmental Commission choose to approve the
development plan and conditional use permits, the Community Development
Department suggests the following condition:
That the Developer shall gain approval for a variance to construct
certain portions of the proposed Solar Vail building, according to plans
dated March 3, 2008, within areas of Lot 8, Vail Potato Patch,
identified on a survey by Peak Land Consultants, dated November 13,
2006, as being greater than 40% slope. Any variance request shall be
submitted for review and approval by the Town of Vail Planning and
Environmental Commission prior to any application for design review
or building permit. In the event that a variance request for construction
within areas of 40% slope on Lot 8 is not approved by the
Commission, the Developer shall be required to revise the proposed
plans for the Solar Vail building, specifically to remove any and all
proposed building improvements form those areas of Lot 8 identified
as being greater than 40% slope. Any revised plans shall be required
to be submitted for review and approval by the Town of Vail Planning
and Environmental Commission prior to any application for design
review or building permit;
2. That the Developer submits a complete Design Review application for
review and approval by the Town of Vail Design Review Board, to
include a detailed and final lighting plan, showing all fixture locations,
fixture types and lumens/output, prior to making an application for the
issuance of a building permit;
3. That the Developer shall be required to submit a detailed and final
lighting plan, showing all fixture locations, fixture types and
lumens/output; such plan should be accompanied by cut sheets for
each proposed fixture in conjunction with any Design Review
application;
3
4. That the Developer submit final details for any fence approved for the
areas between the Red Sandstone Middle School site and Solar Vail.
Detailing for any fence shall compliment and otherwise match the
materials, textures and colors used on the Solar Vail building;
5. The Developer shall submit a Design Review application for any and
all new exterior signage for the property;
6. That the Developer shall be required to provide a building code and
fire code analysis with any submittal for building permit,
7. That the Developer submits a complete set of civil engineered
drawings of the Approved Development Plans including the required
off site improvements, to the Town of Vail Community Development
Department for review and approval of the drawings, prior to making
application for the issuance of a building permit for the Solar Vail
building improvements;
8. That the Developer submits a site specific geologic investigation in
conjunction with any building permit application, in accordance with
Section 12-21-15, Vail Town Code, for any proposed development
within a mapped Rock Fall Hazard areas;
9. That the Developer shall address all the comments and conditions
identified in the memorandum from the Town Project Engineer dated
February 14, 2008, in conjunction with building permit application;
10. That the Developer pays in full, the Traffic Impact Fee, to be
determined by Staff, prior to the issuance of a building permit;
11. That applicant will be required to obtain an access easement from the
Town for any and all improvements related to a re-aligned driveway
access, retaining walls, grading drainage and re-vegetation on, over
or across Town owned Tract A; and
12. That the Developer provides the legally executed and duly recorded
Type VI deed restriction with the Eagle County Clerk & Recorder's
Office for the on-site employee housing units, and that said units shall
be made available for occupancy, prior to the issuance of a temporary
certificate of occupancy for the Solar Vail project.
Should the Planning and Environmental Commission choose to approve this
amendment, the Community Development recommends the Commission makes
the following findings:
"The Planning and Environmental Commission finds:
1. That the building design with respect to architecture, character, scale,
massing and orientation is compatible with the site, adjacent
properties and the surrounding neighborhood, based upon the review
outlined in Section Vlll of the Staff's March 10, 2008, memorandum to
the Planning and Environmental Commission;
36
2. That the 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, based upon the review outlined in Section Vlll of the
Staff's March 10, 2008, memorandum to the Planning and
Environmental Commission;
3. That the 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, based upon the review
outlined in Section VIII of the Staff's March 10, 2008, memorandum to
the Planning and Environmental Commission;
4. That a pedestrian and vehicular circulation system designed to
provide safe, efficient and aesthetically pleasing circulation to the site
and throughout the development, based upon the review outlined in
Section Vlll of the Staff's March 10, 2008, memorandum to the
Planning and Environmental Commission;
5. That 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, based upon the review outlined in
Section VIII of the Staff's March 10, 2008, memorandum to the
Planning and Environmental Commission;
6. That the plans are in compliance with the Vail comprehensive plan
and other applicable plans;
That the proposed location of the uses are in accordance with the
purposes of this title and the purposes of the zone district in which the
site is located.
8. That the proposed location of the uses and the conditions under which
they would be operated or maintained will not be detrimental to the
public health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity.
9. That the proposed uses will comply with each of the applicable
provisions of this title.
XI. ATTACHMENTS
A. Vicinity Map
B. Document describing the project entitled Tear Down and Re-build of Solar
Vail Employee Housing, submitted by GPSL Architects and dated January
28, 2008
C. Copy of proposed plans dated March 3, 2008 submitted by GPSL Architects
37
D. Parking Management Plan by applicant
E. Professional Office Conditional Use Permit Written Response by applicant
F. Employee Housing Conditional Use Permit Written Response and Employee
Housing Plan by applicant
G. Public Utilities Installations including Transmission Lines and Appurtenant
Equipment Written Response by applicant
H. Side Setback Variance Request for the Housing (H) District
I. Letter from the Town of Vail Public Works Department, dated February 14,
2008
J. Traffic Impact Analysis by Peak Land Surveying
K. Telecommunications Antennae Specification Sheet
38
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MEMBERS PRESENT
Anne Gunion
Rollie Kjesbo
Michael Kurz
Bill Pierce
Scott Proper
Susie Tjossem
David Viele
PLANNING AND ENVIRONMENTAL COMMISSION
February 25, 2008
TOWN COUNCIL CHAMBERS /PUBLIC WELCOME
75 S. Frontage Road -Vail, Colorado, 81657
MEMBERS ABSENT
12:OOpm -Training: Lionshead Redevelopment Master Plan (lunch provided) 60 minutes
Site Visits: 1:00 pm
1. Williams Residence - 2570 Bald Mountain Road
Driver: Warren
Please note: Times of items are approximate and subject to change.
15 minutes
A request for a final review of a variance from Section 12-6C-6, Setbacks, Vail Town Code,
pursuant to Chapter 12-17, Variances, to allow for an addition within the west side setback,
located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13, and setting forth
details in regard thereto. (PEC070036)
Applicant: Ed Williams, represented by William Hein Associates
Planner: Bill Gibson
ACTION: Approved with condition(s)
MOTION: Proper SECOND: Tjossem VOTE: 5-2-0
(Gunion &Kjesbo opposed)
CONDITION(S):
1. This approval is continent upon the applicant obtaining approval of the associated
design review application.
Bill Gibson made a presentation per the Staff memorandum.
Bill Hein, William Hein Associates, gave a presentation outlining the revisions that have been
made to the proposed plans in response to concerns identified during the previous Commission
review. The changes were proposed to reduce the extent of the requested variance by reducing
the amount of habitable area extending into the side yard setback. He also highlighted the
additional landscape plantings that were being proposed to minimize the impacts of the building
encroachments.
Commissioner Gunion asked for clarification regarding the Town Code requirements for granting
of a variance; specifically asking the applicant to justify why they are not increasing an existing
non-conformity.
Bill Gibson clarified that the applicant is asking for further deviations to an existing non-
conforming structure through this variance request.
Page 1
Commissioner Proper referenced the Town Code sections highlighted in the Staff's
memorandum. While he concurred with Commissioner Gunion's line of questioning, he stated
that a strict interpretation of the requirements of the Zoning Code is a hardship on the applicant.
45 minutes
2. A request for a final review of a development plan, pursuant to Section 12-61-11, Development
Plan Required, and Section 12-61-3, Conditional Uses, Vail Town Code, to allow for a
redevelopment of Solar Vail into a mixed use development to include Type VI employee housing
units, professional offices, subterranean parking, and public utilities installations including
transmission lines and appurtenant equipment, located at 501 North Frontage Road West, Lot 8,
Block 2, Vail Potato Patch, and setting forth details in regard thereto. (PEC070052)
Applicant: Sonnenalp Properties, Inc., represented by Gwathmey Pratt Schultz Lindall
Architects, P.C.
Planner: Scot Hunn
ACTION: Tabled to March 10, 2008
MOTION: Kjesbo SECOND: Viele VOTE: 7-0-0
Scot Hunn made a presentation per the Staff memorandum and clarified that this item was to be
treated as a work session at this hearing. He requested that the Commission focus specifically
on the topics of bulk/mass, parking variations, and setback encroachments.
Henry Pratt, GPSL Architects, entered a newly drafted traffic study into the public record and
described that the report concluded that no improvements to the North Frontage Road are
necessary. He then presented a summary of the changes to the project design since the PEC's
last review.
Johannes Faessler, applicant, was also available for questions
Nancy Ricci, Red Sandstone School, noted the School Administration's concern about any
access between the school and the development.
Henry Pratt responded that they intend to remove the existing, unimproved path between the
properties. He noted that the applicant is proposing a new walkway, and stairs providing a direct
access to the bike path along the Frontage road. He further stated that they are still in
negotiations with CDOT concerning a new sidewalk connecting to the North Frontage Road.
Phil Onofrio, Superintendent of the School District, requests that a fence be constructed between
the properties with a path along the south edge of the school driveway.
Jim Lamont, Vail Village Homeowners Association, asked the applicant to clarify why the
proposed building needed to encroach into the setbacks. He also asked for clarification of the
variation being requested for parking.
Nina Timm, Housing Coordinator, summarized the parking situations at Middle Creek and
Timber Ridge.
Jim Lamont suggested there is an opportunity to allow commuter parking at transit oriented
projects like this one. He asked if it is possible to construct more parking on the site.
Johannes Faessler, argued that the multi-family parking requirements don't make sense
compared to EHU credits given for the unit mix. He also noted the proximity of the development
to the Vail Village.
Page 2
Commissioner Viele noted that the applicant's proposed number of spaces is comparable to the
requirement for a hotel.
Commissioner Tjossem asked the applicant to clarify how the proposed for-sale EHUs relate to
the proposed number of parking spaces.
Johannes Faessler clarified that no units would be "for-sale", and that deed restrictions could be
sold as a mechanism to finance development of the site. He noted his intent to always control
ownership of the building and would only sell the deed restriction credits.
Nina Timm clarified the EHU deed restrictions, as applied to any employee housing unit within
the Town.
Jim Lamont suggested evaluating the bus stop locations accessible to this project. He liked the
idea of a transfer of development rights for EHU credits, but has concerns when those projects
exceed the bulk and mass of the neighborhood.
Commissioner Kjesbo questioned if the conditional use permit for office uses could be revoked if
parking became an issue at the site.
Scot Hunn confirmed that could be a requirement of the conditional use permit.
Commissioner Kurz asked why the setback encroachments were necessary.
Henry noted that the old property survey showed a 15 foot setback, so that is how they designed
the building.
Scot Hunn clarified that the setbacks within the Housing District are 20 feet; that the "setback"
line shown on the site plan is not accurate.
Commissioner Kurz asked the applicant to clarify their occupancy rates.
Tom Miller, Vail Resorts, voiced support for the project.
Commissioner Viele noted this was an opportunity for the Town to allow the private sector to
resolve the Town's housing projects. He also mentioned the fences at Middle Creek and the
Children's Garden of Learning.
Commissioner Kurz noted the lack of "entrance" by the architecture.
Commissioner Gunion noted that the PEC has approved below grade setback encroachments
for other projects, she supports working with the school to separate the properties, and she is
open to the idea of a reduced parking requirement. She noted that the applicant needed to
support their variations at the next meeting.
Page 3
45 minutes
3. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7,
Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-23,
Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards
and criteria related to mitigating employee housing requirements, and setting forth details in
regard thereto. (PEC070075)
Applicant: Town of Vail
Staff/Planner: Nina Timm and Bill Gibson
ACTION: Tabled to March 10, 2008
MOTION: Kurz SECOND: Viele VOTE: 7-0-0
Bill Gibson and Nina Timm made a presentation per the Staff memorandum and the
recommendations made by the Vail Local Housing Authority concerning housing mitigation goals
and policies. They clarified the differences between the recommendations being made by the
Housing Authority and those of the Town Staff.
Commissioner Viele asked for clarification regarding the role of the Housing Authority and its
status as a Town Council appointed board.
Commissioner Tjossem expressed support for providing incentives for developers to construct
employee housing and stated that the proposed criteria and standards are not reaching far
enough to provide incentives. She suggested site coverage increases, landscaping area
decreases, and building height increases would be appropriate.
Commissioner Viele asked for clarification on a theoretical situation in which someone provides
for 100% employee mitigation outside of the Town boundaries, given a plan for parking and
transportation. He asked if this is possible under the Town's current regulation. Staff clarified
that out-of-town mitigation is not currently allowed and all employee housing is to be provided
within the Town boundaries.
Commissioner Gunion asked why the Town Staff and the Housing Authority differed in their
recommendations.
Nina Timm explained the Staff's position that all required employee housing mitigation should be
provided on-site for new development and demo-rebuild projects.
Commissioner Proper stated that he believes a massive overhaul to the employee housing
mitigation regulations is being proposed, when the Commission only requested clarification to
the criteria and standards to be used (by the Commission) to determine which mitigation method
to use on a case by case basis. Relative to his reading of the proposed language, he asked why
the Town would not prefer to get more off-site units, rather fewer on-site units. He continued that
encouraging innovation in design, incentives, and partnerships is preferable to hard-line
regulations.
Commissioner Viele stated that the premise that the Town government should be responsible to
create additional employee housing within the Town, via regulation, is flawed.
Commissioner Proper stated he feels that free enterprise (the failure of business if the business
doesn't provide for its own housing needs) should dictate provision of housing prior to the Town
stepping in.
Page 4
Commissioner Viele stated that he believes the regulations area "growth control measure" and
that the Solar Vail project is an example of private enterprise meeting the housing demands
based on current needs and using an emerging employee housing credit market.
Commissioner Gunion stated that she believes the regulations should be written in a way that
allows for flexibility, innovation and collaboration to be used to address mitigation. The
regulations should anticipate all probabilities within the free market and re-development that will
continue to occur.
Jim Lamont stated that West Vail, in the future, should be viewed as a "community town center",
similar to Lionshead and the Vail Village, and that the West Vail area should be rezoned to
accommodate additional employee residential density.
Commissioner Kurz urged the Commission to make a motion. He suggested pay-in-lieu as the
least desirable mitigation option and the Town's regulations need to incent on-site mitigation.
Commissioner Tjossem requested more language to incent on-site housing in core areas with
additional bonuses for developers.
Commissioner Proper agreed that fee-in-lieu should be a last option.
Chairman Pierce noted that on-site units is the preferred mitigation alternative, and the Town
Code should clearly incentivize on-site. He suggested doubling the fee-in-lieu rates to make on-
site amore attractive alternative. He also suggested there is an inherent gap in the value to the
Town between providing on-site versus off-site.
Commissioner Gunion stated that she does not agree that raising the fee-in-lieu is the correct
mechanism; because this will actually disincentivize employee housing. The main focus should
be to provide a certain number of units, rather than on a relative dollar value for the properties in
question.
Chairman Pierce polled the Commission on their preference of on-site mitigation vs. off-site
mitigation. Commissioners Kurz, Tjossem and Pierce voiced support for on-site mitigation. He
continued by asking if the Commission preferred all or half the on-site mitigation be required on-
site. All members preferred requiring half given only those two choices. There was no support
for requiring all mitigation to be located on-site. He continued by asking the Commission if they
preferred providing more flexibility and creativity to developer in proposing an employee housing
plan. All members supported allow developer to propose creative solutions that could be
reviewed on a case by case basis.
10 minutes
4. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7,
Amendment, Vail Town Code, for prescribed regulation amendments to Section 12-14-20,
Commercial Core Construction, Vail Town Code, to allow for the extension of the commercial
core temporary construction signage for businesses, and setting forth details in regard thereto.
(PEC080003)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Approved
MOTION: Kjesbo SECOND: Viele VOTE: 7-0-0
Page 5
5 minutes
5. A request for a final review of variance from Section 12-6C-5, Setbacks, and Section 12-6C-11,
Parking, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a front and side
setback encroachment and to reduce the required on site parking to facilitate construction of an
addition, located at 3035 Booth Falls Road/Lot 12, Block 1, Vail Village 13th Filing, and setting
forth details in regard thereto. (PEC080002)
Applicant: John and Katherine Adair, represented by Pure Design Studio
Planner: Bill Gibson
ACTION: Tabled to March 10, 2008
MOTION: Kjesbo SECOND: Viele VOTE: 7-0-0
6. Approval of February 11, 2008 minutes
MOTION: Kjesbo SECOND: Viele VOTE: 7-0-0
7. Information Update
8. Adjournment
MOTION: Viele SECOND: Kjesbo VOTE: 7-0-0
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 for additional
information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published February 22, 2008, in the Vail Daily.
Page 6