HomeMy WebLinkAbout2008-0825 PECPLANNING AND ENVIRONMENTAL COMMISSION
August 25, 2008
1:OOpm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Site Visits:
1. Howenstine - 2754 South Frontage Road West
2. Chamonix Site - 2399 North Frontage Road West
A request for a final review of a conditional use permit from Sections 12-7D-2, Conditional Uses,
and 12-6D-3, Conditional Uses, Vail Town Code, pursuant to Chapter 12-16, Conditional Uses,
Vail Town Code, to allow for public buildings, grounds, and facilities (temporary public parking
lot); and a request for a final review of variances from Section 14-5-2, Other Requirements, Vail
Town Code, to allow for a gravel parking lot without internal landscaping located at 2399 North
Frontage Road West (Chamonix Site)/ Parcels A and B, Vail Das Shone, Tract D, Filing No. 1
and setting forth details and regard thereto (PEC080046 and PEC080047).
Applicant: Town of Vail, represented by Greg Hall
Planner: Warren Campbell
ACTION:
MOTION: SECOND: VOTE:
2. A request for a final review of a variance from Section 12-6E-6, Setbacks, Vail Town Code,
pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for construction within the
setbacks; and a final review of a variance from Section 12-13-4, Requirements by Employee
Housing Unit (EHU) Type, Vail Town Code; to allow for additional Gross Residential Floor Area
(GRFA) for the construction of a garage, pursuant to Chapter 12-17, Variances, Vail Town Code,
located at 2754 South Frontage Road West/Lot B2, Stephens Subdivision, and setting forth
details in regard thereto. (PEC080042)
Applicant: Lorraine Howenstine, represented by Beth Levine Architect, Inc.
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
3. A request for a final review of an amendment to an existing conditional use permit, pursuant to
Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the extension of a
conditional use permit to allow a temporary business office, located at 450 East Lionshead Circle
(Treetops Building)/Lot 6, Vail Lionshead Filing 1, and setting forth details in regard thereto.
(PEC080043)
Applicant: Vail Corporation, represented by Brian McCartney
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
Page 1
4. A request for a final review of an amendment to an existing conditional use permit, pursuant to
Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the extension of a
conditional use permit to allow for a temporary business office located at 616 West Lionshead
Circle (Concert Hall Plaza Building)/Lot 1, Vail Lionshead Filing 4, and setting forth details in
regard thereto. (PEC080044)
Applicant: Vail Corporation, represented by Brian McCartney
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
5. A request for a final recommendation to the Vail Town Council for the adoption
Vail Employee Housing Strategic Plan, and setting forth details in regard thereto.
Applicant: Town of Vail, represented by Nina Timm
Planner: Nicole Peterson
ACTION:
MOTION: SECOND: VOTE:
of the Town of
(PEC080045)
6. A request for a recommendation of approval to the Vail Town Council, pursuant to Section 12-3-
7, Amendment, Vail Town Code, for prescribed regulations amendments to Section 14-10-7,
Outdoor Lighting, Vail Town Code, to allow for amendments to the outdoor lighting standards,
and setting forth details in regard thereto. (PEC080032)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
7. A request for work session for 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-
7B-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
Planner: Rachel Friede
ACTION: Table to September 22, 2008
MOTION: SECOND: VOTE:
8. Approval of August 11, 2008 minutes
MOTION: SECOND:
9. Information Update
10. Adjournment
MOTION:
SECOND:
Page 2
VOTE:
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 August 22, 2008, in the Vail Daily.
Page 3
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: August 25, 2008
SUBJECT: A request for a final review of a conditional use permit from Sections 12-
7D-2, Conditional Uses, and 12-6D-3, Conditional Uses, Vail Town Code,
pursuant to Chapter 12-16, Conditional Uses, Vail Town Code, to allow
for public buildings, grounds, and facilities (temporary public parking lot);
and a request for a final review of variances from Section 14-5-2, Other
Requirements, Vail Town Code, pursuant to Chapter 12-17, Variances,
Vail Town Code, to allow for a gravel parking lot without internal
landscaping located at 2310 Chamonix Road and 2399 North Frontage
Road West (Chamonix Site)/ Parcels A and B, Vail Das Shone, Tract D,
Filing No. 1 and setting forth details and regard thereto (PEC080046 and
PEC080047).
Applicant: Town of Vail, represented by Greg Hall
Planner: Warren Campbell
I. SUMMARY
The applicant, Town of Vail, represented by Greg Hall, Public Works Director,
has requested a final review of a conditional use permit from Sections 12-7D-2,
Conditional Uses, and 12-6D-3, Conditional Uses, Vail Town Code, pursuant to
Chapter 12-16, Conditional Uses, Vail Town Code, to allow for public buildings,
grounds, and facilities (temporary public parking lot); and a request for a final
review of variances from Section 14-5-2, Other Requirements, Vail Town Code,
pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a gravel
parking lot without internal landscaping located at 2310 Chamonix Road and
2399 North Frontage Road West (Chamonix Site).
The Community Development Department recommends the Planning and
Environmental Commission approves, with conditions, the requested
conditional use permit for a public buildings, grounds, and facilities (temporary
public parking lot) and approves, with a condition, the associated variances for
the temporary parking lot. Staff's recommendation is based upon the criteria and
findings found in Section VII of this memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant, Town of Vail, represented by Greg Hall, Public Works Director,
has requested a final review of a conditional use permit to construct a temporary
gravel public parking lot that does not contain interior landscaping within the
parking lot on the property known as the Chamonix site. The intent of this
temporary parking lot is to serve as a"park and ride" type of land use. Three
applications that are associated with this proposal and are as follows:
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A conditional use permit request to allow for the temporary installation of
an approximate 180 space parking area on the Chamonix site with
access gained through the former Wendy's parking lot for a period not to
exceed two years. This would bring the combined number of parking
spaces on the Chamonix/Wendy's site to approximately 240 spaces total.
A variance request to construct the proposed parking lot with gravel and
not an "improved paved surface" as required by Title 14, Development
Standards, Vail Town Code.
A variance request to not install 10% interior landscaping within the
proposed parking lot required by Title 14, Development Standards, Vail
Town Code.
The key elements of the operation and construction of the proposed request are:
• An approximately 240 total parking space located on the
Chamonix/Wendy's property.
• Availability of the parking to the pubic from 6 AM to 11 PM with ticketing of
vehicles that do not adhere to these times.
• Snow removal of the parking area will occur nightly as needed.
• Installation of water quality controls to capture snow and storm water run
off in detention basins.
• Installation of earthen berms constructed with the top soil to be graded off
during the construction of the parking area.
• The provision of additional public transit during peak time (morning and
evening) to address the increased ridership created by this proposal.
• The delineation of the parking areas and drive lanes will occur with a
combination of posts and concrete barriers.
• The provision of trash receptacles to address the introduction of cars and
passengers to the site.
• Access to the additional 180 parking spaces to be located on the
Chamonix site will occur through the existing parking lot constructed on
the former Wendy's site.
A vicinity map identifying the location of the development site has been attached
for reference (Attachment A). A reduced set of plans depicting the proposed
employee housing design for the property is attached for reference (Attachment
B). A reduced copy of the proposed temporary parking on the former
Wendy's/Chamonix depicting approximately 240 parking spaces is attached for
reference (Attachment C). A reduced copy of the proposed temporary parking
with the employee housing option overlaid to depict the disturbance created by
both projects is attached for reference (Attachment D).
BACKGROUND
In October 2002, the Town of Vail acquired a 3.6-acre parcel of land in West Vail.
The site, once known as the Hud-Wirth property, and now called the Chamonix
site.
In 2007, the Town of Vail purchased the adjacent, 1.25 acre "Wendy's"
restaurant site (a.k.a. the "Wendy's property"),
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On November 12, 2007, the Planning and Environmental Commission approved
a conditional use permit to allow for public buildings, grounds, and facilities
(temporary public parking lot) on the former Wendy's site for approximately 75
parking spaces which would expire on November 11, 2009.
On August 5, 2008, Staff and the design team presented a recommendation from
the Chamonix Site Master Plan Advisory Committee to the Town Council. This
recommendation was the result of months of public meeting and hearings with
the Town Council regarding the development of the amendments to the
Chamonix Master Plan. At that meeting, the Council voted to pursue the
"Neighborhood Block" option.
On August 14, 2008, the Town of Vail held a public meeting on the former
Wendy's site to which neighbors had been invited and press releases were
made. At this meeting there were approximately a dozen members of the public
in attendance. At this meeting they expressed several concerns which are as
follows:
• Did not believe that a parking lot should go on the property.
• Did not believe their neighborhood should have to be subject to the use.
• Did not believe that other options were explored and that this site was
the "first choice not the last choice".
• Did not believe that tax payer dollars should be spent on the project.
• Did not trust the Town that it would be there for two years or less.
• Concerns about traffic implications in the round-about and on the
Frontage Road.
• Concerns about the impacts to an already heavily used bus route.
• Concerns about noise, light, and unruly users late at night.
• Concerned about screening if the parking were to be constructed.
IV. ROLES OF THE REVIEWING BOARDS
The purpose of this section of the memorandum is to clarify the responsibilities of
the Planning and Environmental Commission in reviewing various applications.
A. Conditional Use Permit (CUP)
P/anning and Environmenta/ Commission:
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.
B. Variance
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for
final approval, approval with modifications, or denial of a variance
application, in accordance with Chapter 12-16, Conditional Use
Permits, Vail Town Code.
V. APPLICABLE DOCUMENTS
Staff has provided portions of the Vail Town Code and several master plans
which are relevant to the proposed topics for this final plan review.
Town of Vail Zoninq Code
Chapter 12-6D: Two-Family Primary/Secondary District (in part)
12-6D-1: Purpose:
The two-family primary/secondary residentia/ district is intended to provide sites
for sing/e-family residential uses or two-family residential uses in which one unit
is a/arger primary residence and the second unit is a smaller caretaker
apartment, together with such public facilities as may appropriately be /ocated in
the same zone district. The two-family primary/secondary residentia/ district is
intended to ensure adequate light, air, privacy and open space for each dwelling,
commensurate with sing/e-family and two-family occupancy, and to maintain the
desirab/e residential qualities of such sites by establishing appropriate site
deve/opment standards.
Chapter 16: Conditional Uses (in part):
12-16-1: PURPOSE; LIMITAT/ONS: In order to provide the f/exibility 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
unusua/ or special characteristics, conditional uses require review and evaluation
so that they may be /ocated properly with respect to the purposes of this tit/e and
with respect to their effects on surrounding properties. The review process
prescribed in this chapter is intended to assure compatibility and harmonious
deve/opment between conditional uses and surrounding properties and the town
at /arge. Uses listed as conditional uses in the various districts may be permitted
subject to such conditions and limitations as the town may prescribe to ensure
that the /ocation and operation of the conditional uses will be in accordance with
deve/opment objectives of the town and will not be detrimenta/ to other uses or
properties. Where conditions cannot be devised to achieve these objectives,
applications for conditional use permits shall be denied.
Chapter 17: Variances (in part):
12-17-1: PURPOSE:
A. Reasons For Seeking Variance: In order to prevent or to /essen such
practica/ difficulties and unnecessary physical hardships inconsistent with
the objectives of this tit/e as would result from strict or literal interpretation
and enforcement, variances from certain regulations may be granted. A
practica/ difficulty or unnecessary physical hardship may result from the
size, shape, or dimensions of a site or the /ocation of existing structures
thereon; from topographic or physica/ conditions on the site or in the
immediate vicinity,� or from other physical limitations, street /ocations or
conditions in the immediate vicinity. Cost or inconvenience to the applicant
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VI
1�I1!
of strict or litera/ compliance with a regulation shall not be a reason for
granting a variance.
8. Deve/opment Standards Excepted: Variances may be granted only with
respect to the deve/opment standards prescribed for each zone district,
including /ot area and site dimensions, setbacks, distances between
buildings, height, density control, building bulk control, site coverage,
usab/e open space, landscaping and site deve/opment, and parking and
loading requirements; or with respect to the provisions of Chapter 11 of this
tit/e, governing physica/ deve/opment on a site.
ZONING AND LAND USE
Lot Size
Property Zoning:
Former Wendy's site - 1.247 acres = 54,319 square feet
Chamonix site — 3.6 acres = 15,660 square feet
Former Wendy's site - Commercial Core 3(CC3) District
Chamonix site — Two-Family Primary/Secondary District
Surrounding properties:
Land Use
North: Residential
South: CDOT R.O.W
East: Commercial
West: Residential
REVIEW CRITERIA
Conditional Use Application
Zoninq
Two-Family Primary/Secondary District
N/A
Commercial Core 3 District
Two-Family Primary/Secondary District
Re/ationship and impact of the use on deve/opment objectives of the
Town.
Staff response:
This past summer the Town of Vail has become acutely aware of the
unintended consequence of the redevelopment occurring in Town. The
Town has an unprecedented number of construction laborers coming to
Town on a daily basis which is stressing the public parking facilities which
are in place to serve our guests and tourists.
Earlier this summer the Town Council directed staff to work on solutions
to the impact on the Town's parking structures with the Town of Vail
Parking Task Force. The Parking Task Force identified several solutions
and has already implemented some of those solutions. The solutions that
have been implemented thus far are the installation of a temporary
construction laborer parking lot at Golden Peak (discontinued in the fall
when snow making begins) and multiple conversations with varying
construction projects about the encouragement of carpooling by the
laborers on-site. Solutions which have yet to be implemented, but were
asked to be further explored are the use of the parking areas in various
Town parks such as Donovan and Stephen's for day time public parking
and the Chamonix site.
The redevelopment projects which are creating the need to address the
parking have been reviewed and approved by the Town of Vail in order to
achieve the development objections of the Town. Staff believes that the
construction of a temporary parking lot on the Chamonix site and the
implementation of parking in several Town parks is necessary to continue
the pursuit of the development goals of the Town.
Staff believes that the proposed temporary parking lot will serve as a
foundation for the start of the intended land use on the site of employee
housing. It is believed that the grading that would occur in conjunction
with the parking lot will serve as a start to the grading which would need
to occur in conjunction with the Town's desired employee housing and fire
station project on the site. The gravel that will be brought onto the site
would serve in the overall construction of the employee housing project.
The Town of Vail Public Works Department has requested a two year
approval of the proposed conditional use permit. The Community
Development Department believes that this request should expire on
November 11, 2009, which is the date the previously approved former
Wendy's site parking lot conditional use permit was to expire. This
expiration date will provide for both sites to be redeveloped with a fire
station and employee housing which has been suggested would begin in
the summer of 2009. In the event the fire station and employee housing
projects do not begin in 2009, the Public Works Department could submit
an extension to the conditional use permit for the temporary parking lot.
2. Effect of the use on light and air, distribution of population, transportation
facilities, utilities, schoo/s, parks and recreation facilities, and other public
facilities and public facilities needs.
Staff response:
The proposal to construction additional parking on the Chamonix site
which would bring the total number of parking space to approximately 240
spaces will have impacts to the items identified in the above criterion.
There will be significant impacts to the need for additional transportation
at the Frontage Road bus stop which is adjacent to the curb cut to the
former Wendy's site. The Public Works Department has identified that
there will need to be additional bus service provided to this parking lot
primarily during the peak morning and evening times. The peak morning
and evening times would be determined by speaking with the contractors
working on the large projects throughout town to determine the start and
finish times of the various projects throughout the week.
The Community Development Department further believes that there
needs to be several public facilities provided on-site with the introduction
of approximately 240 vehicles at this site. The introduction of this quantity
of vehicles with conservatively 1.5 people per car creates approximately
360 persons per day on the site. Staff believes that this number of
vehicles and people warrants the installation of trash receptacles
throughout the site to reduce the possibility of trash accumulating on the
site. Furthermore, Staff believes that there is a need for temporary
restroom facilities associated with this parking area.
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3. Effect upon traffic, with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic f/ow and control, access,
maneuverability, and remova/ of snow from the streets and parking areas.
Staff response:
The Community Development Department believes there will be impacts
to the items listed in the above criterion. The introduction of a total of 240
vehicles to the site which will primarily be arriving and departing during
the morning and the evening will have peak level impacts to the Frontage
Road and round-about. The Public Works Department has submitted a
traffic analysis for the impacts associated with this proposal. This report
determined that the net increase in peak trips is approximately 41 trips
during the AM and PM peak time frames. This analysis took into account
the traffic impacts generated by the former Wendy's restaurant and drive-
thru. It is the belief of the Public Works department that the PM traffic
impact to the round-about will be less than in the morning as the parking
lot will likely be used by down valley individuals and the on ramp to I-70
form the Frontage road is direct and does not require entry to the round-
about.
In receiving this report the Community Development Department
requested that a traffic analysis be performed on for the site if the total
number of spaces were approximately 180 spaces total. This analysis
determined that the peak AM and PM trip generation would be
approximately 3 additional trips to what was generated by the former
Wendy's restaurant and drive-thru. Staff believes this level of impact is
much more appropriate for the Frontage Road and round-about. By
reducing the proposed parking lot on the Chamonix site staff believes that
multiple impacts will be reduced in scope and scale. By reducing the
proposed 180 spaces parking lot to approximately 120 spaces which
would be located on the westerly portion of the site, the eastern portion of
the site, closest in proximity and grade to the neighboring residential the
impacts of noise, light, and visual are reduced. Furthermore, there is a
reduction to peak time bus service and traffic impacts. Additionally, it
allows for more of the site to be utilized to create earthen berms to retain
the top soil on site and provides for adequate snow storage on the site.
The current proposal does not exhibit locations for providing the required
30% of the parking are for snow storage.
Both traffic analysis reports are attached for reference (Attachment E).
An exhibit of how the Community Development Department belies the
proposed parking area could reduced is attached for reference
(Attachment F).
4. Effect upon the character of the area in which the proposed use is to be
located, including the sca/e and bulk of the proposed use in re/ation to
surrounding uses.
Staff response:
Staff believes that the proposed addition of approximately 180 parking
spaces on the Chamonix site will have an impact to the surrounding uses.
In the public meeting held at the former Wendy's site on August 14, 2008,
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the attendees expressed a desire for screening of the parking lot if indeed
it were to be approved and constructed. Staff informed the attendees that
earthen berms constructed of the top soil removed for the parking lot
would be installed. The attendees suggested solutions such as the
addition of landscaping which would be permanently installed in areas
where the future housing project would not disturb the site and if that
were not possible maybe in pots. Staff explained at this meeting that this
suggestion would not only be difficult to implement, but would likely not
have the desired impact of screening as the majority of the site is located
at a grade substantially below Chamonix Lane and the residences along
Chamonix Lane.
The Community Development Department believes that a reduction in the
scale of the proposed temporary parking lot from 180 spaces to 120
spaces on the Chamonix site will significantly reduce the impact of the
proposal on the surrounding residential land uses to the north.
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 tit/e.
Staff Response:
There was no environmental impact report requested or required of this
proposed project. The applicant will be required to mitigate all run-off
from the site created by snow or rain.
Variance Application and Review Criteria
The re/ationship of the requested variance to other existing or potential
uses and structures in the vicinity.
Staff Response:
The proposed application includes variance requests to allow for the
installation of a temporary parking lot without an "improved paved
surface" and interior landscaping within the parking lot. Staff believes that
a grant of a variance from the requirements for a gravel parking lot
without internal landscaping will reinforce the temporary nature of this
parking lot solution. Furthermore, if the conditional use permit proposal
were to be approved with the reduction in size suggested by the
Community Development Department, Staff believes the requested
variances will have minimal impact to the existing or potential uses and
structures in the vicinity.
2. The degree to which relief from the strict or literal interpretation and
enforcement of a specified regulation is necessary to achieve
compatibility and uniformity of treatment among sites in the vicinity, or to
attain the objectives of this tit/e without grant of special privilege.
0
Staff Response:
Staff believes that the grant of an approval for the proposed variances
from providing an "improved paved surface" and internal landscaping for
the proposed temporary parking lot would be a grant of special privilege.
Earlier this summer the Town Council directed staff to work on solutions
to the impact on the Town's parking structures with the Town of Vail
Parking Task Force. The Parking Task Force identified several solutions
and has already implemented some of those solutions. The solutions that
have been implemented thus far are the installation of a temporary
construction laborer parking lot at Golden Peak (discontinued in the fall
when snow making begins) and multiple conversations with varying
construction projects about the encouragement of carpooling by the
laborers on-site. Solutions which have yet to be implemented, but were
asked to be further explored are the use of the parking areas in various
Town parks such as Donovan and Stephen's for day time public parking
and the Chamonix site.
Staff believes that with the immediate need for parking within the Town of
Vail and limited solutions that there is a need to grant the proposed
variances. Unlike other variances which when granted run with the land
and use, these variances would be terminated upon expiration of the
conditional use permit and the conversion of the site back to its existing
state or into a fire station and employee housing project.
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 Response:
Staff believes the variances to not provide a temporary parking lot without
an "improved paved surface" and internal landscaping within the parking
lot will have little, if any, negative impacts on the criteria described above.
IX. STAFF RECOMMENDATION
onditional Use
The Community Development Department recommends the Planning and
Environmental Commission approves, with conditions the request for a final
review of a conditional use permit from Sections 12-7D-2, Conditional Uses, and
12-6D-3, Conditional Uses, Vail Town Code, pursuant to Chapter 12-16,
Conditional Uses, Vail Town Code, to allow for public buildings, grounds, and
facilities (temporary public parking lot) located at 2310 Chamonix Road and 2399
North Frontage Road West (Chamonix Site)/ Parcels A and B, Vail Das Shone,
Tract D, Filing No. 1, and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to approve the
proposed conditional use permit, Staff recommends the Commission pass the
following motion:
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"The P/anning and Environmenta/ Commission approves, with conditions,
the applicanYs request for a conditional use permit from Sections 12-7D-2,
Conditiona/ Uses, and 12-6D-3, Conditiona/ Uses, Vail Town Code,
pursuant to Chapter 12-16, Conditiona/ Uses, Vail Town Code, to allow for
public buildings, grounds, and facilities (temporary public parking /ot)
located at 2310 Chamonix Road and 2399 North Frontage Road West
(Chamonix Site)/ Parce/s A and B, Vail Das Shone, Tract D, Filing No. 1,
and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to approve the
proposed conditional use permit, Staff recommends the Commission pass the
following findings:
"The P/anning and Environmenta/ Commission finds:
1. That the proposed /ocation of the uses are in accordance with the
purposes of this tit/e and the purposes of the zone district in which the
site is /ocated.
2. That the proposed /ocation of the uses and the conditions under which
they would be operated or maintained will not be detrimenta/ to the
public hea/th, safety, or we/fare, or materially injurious to properties or
improvements in the vicinity.
3. That the proposed uses will comply with each of the applicable
provisions of this tit/e. "
Should the Planning and Environmental Commission choose to approve the
proposed conditional use permit, Staff recommends the Commission pass the
following conditions:
In coniunction with Desiqn Review:
1) The applicant shall revise the proposal to reduce the number of
parking spaces located on the Chamonix site to approximately 120
spaces, thus bringing the total number of parking spaces on the
former Wendy's and Chamonix sites to approximately 180 spaces.
This revision shall be depicted on the materials submitted in
conjunction with a Design Review application.
2) The applicant shall depict on the plan to be submitted in conjunction
with the Design review application the location of adequate snow
storage, all earthen berms and their height, and erosion control
mitigation measures.
3) The applicant shall complete all CDOT access permitting
requirements and State erosion control requirements prior to
submitting a Design Review application.
4) The applicant shall depict on the plan to be submitted in conjunction
with the Design review application how all parking spaces, parking
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areas, and drive aisles will be delineated for use during winter
months. This plan shall also depict the 10 (ten) trash can and 2(two)
restroom locations.
5) The applicant shall not propose any lighting of the parking area and
there shall be no over night parking of vehicles on the site.
6) The applicant shall explore the possibility of installing a second
emergency access point from the temporary parking lot to Chamonix
Road in the event that the connecting circulation between the two lots
becomes obstructed.
In coniunction with the start of operation:
7) The applicant shall install a minimum of 10 (ten) trash receptacles
within the temporary parking lot and maintain the removal of wastes
on a regular basis, prior to the start of use of the parking lot.
8) The applicant shall install a minimum of 2(two) portable restroom
facilities near the entrance of the former Wendy's site, in close
proximity to the bus stop, prior to the start of use of the parking lot.
9) The applicant shall construct a temporary bus shelter adjacent to the
bus stop which can accommodate people waiting for a bus, prior to
the start of the use of the parking lot.
10) The applicant shall provide adequate additional transportation
services during the AM and PM peak travel time to and from the
temporary parking lot, in conjunction with the start of the use of the
parking lot.
In coniunction with the removal of the temporarv parkinq lot
11) This conditional use permit shall expire on November 11, 2009. By no
later than July 31, 2009, the applicant shall submit for an extension to
the conditional use permit if no activity has begun or is anticipated for
the employee housing and fire station on the site. Furthermore, if no
activity is occurring with the fire station and employee housing and the
temporary parking lot is no longer needed the applicant shall regrade
and revegitate the site to a condition matching the historic condition to
be completed by September 31, 2009.
Variance
The Community Development Department recommends the Planning and
Environmental Commission approves with a condition, the request for a final
review of a variance from Section 14-5-2, Other Requirements, Vail Town Code,
pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a gravel
parking lot without internal landscaping located at 2310 Chamonix Road and
2399 North Frontage Road West (Chamonix Site)/ Parcels A and B, Vail Das
Shone, Tract D, Filing No. 1, and setting forth details in regard thereto.
11
Should the Planning and Environmental Commission choose to approve the
requested variances, Staff recommends the Commission pass the following
motion:
"The P/anning and Environmental Commission approves the applicanYs
request for a variance from Section 14-5-2, Other Requirements, pursuant
to Chapter 12-17, Variances, Vail Town Code, to allow fora gravel parking
lot without internal landscaping, located at 2310 Chamonix Road and 2399
North Frontage Road West (Chamonix Site)/Parce/s A and B, Vail Das
Schone, Tract D, Fiing No. 1, and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to approve the
requested variances, Staff recommends the Commission make the following
findings part of the motion:
"The P/anning and Environmenta/ Commission finds:
The granting of this variance will not constitute a granting of special
privilege inconsistent with the limitations on other properties c/assified
in the Two-Family Primary/Secondary (PS) District as the P/anning
and Environmenta/ Commission has consistently he/d that the
temporary public needs are a hardship that may justify the granting of
a variance from the Town's current zoning regulations;
2. The granting of this variance will not be detrimenta/ to the public
hea/th, safety or we/fare, or materially injurious to properties or
improvements in the vicinity,�
3. This variance is warranted for the following reasons:
a. The strict literal interpretation or enforcement of the specified
regulation would result in practica/ difficulty or unnecessary
physical hardship inconsistent with the objectives of Tit/e 12,
Zoning Regulations, Vail Town Code, due to the configuration and
existing conditions of the site;
b. There are exceptiona/ or extraordinary circumstances or conditions
applicab/e to the same site of the variance that do not apply
generally to other properties in the same district due to the
configuration and existing conditions of the site;
c. The strict interpretation or enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of
other properties in the same district due to the configuration and
existing conditions of the site.
Should the Planning and Environmental Commission choose to approve the
proposed variances, Staff recommends the Commission pass the following
conditions:
1) These variances shall expire with the expiration of the conditional use
permit approved in conjunction with this request. If an extension is
12
granted past the expiration of November 11, 2009, these variances
will still be in effect.
X. ATTACHMENTS
A. Vicinity Map
B. Map of preferred employee housing development
C. Map pf proposed temporary parking plan
D. Map of proposed temporary parking plan overlaid with the preferred
employee housing development
E. Public Works traffic analysis of the proposed
F. Map depicting a revised temporary parking lot with approximately 120 spaces
on the Chamonix site
13
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14
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: July 28, 2008
SUBJECT: A request for a final review of a variance from Section 12-6E-6, Setbacks, Vail
Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for
construction within the setbacks; and a final review of a variance from Section
12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code;
to allow for additional Gross Residential Floor Area (GRFA) for the construction
of a garage, pursuant to Chapter 12-17, Variances, Vail Town Code, located at
2754 South Frontage Road West/Lot B2, Stephens Subdivision, and setting forth
details in regard thereto. (PEC080042)
Applicant: Lorraine Howenstine, represented by Beth Levine Architect, Inc.
Planner: Bill Gibson
SUMMARY
The Applicant, Lorraine Howenstine, represented by Beth Levine Architect, Inc, is
requesting a final review of a variance from Section 12-6E-6, Setbacks, Vail Town Code,
pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for construction within
the setbacks; and a final review of a variance from Section 12-13-4, Requirements by
Employee Housing Unit (EHU) Type, Vail Town Code; to allow for additional Gross
Residential Floor Area (GRFA) for the construction of a garage, pursuant to Chapter 12-
17, Variances, Vail Town Code, located at 2754 South Frontage Road West/Lot B2,
Stephens Subdivision, and setting forth details in regard thereto.
Based upon Staff's review of the criteria outlined in Section VIII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends approval, with condition(s), of both variance applications, subject to the
findings noted in Section IX of this memorandum.
II. DESCRIPTION OF REQUEST
The Applicant, Lorraine Howenstine, represented by Beth Levine Architect, Inc, is
requesting a final review of a variance from Section 12-6E-6, Setbacks, Vail Town Code,
pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for construction within
the setbacks; and a final review of a variance from Section 12-13-4, Requirements by
Employee Housing Unit (EHU) Type, Vail Town Code; to allow for additional Gross
Residential Floor Area (GRFA) for the construction of a garage, pursuant to Chapter 12-
17, Variances, Vail Town Code, located at 2754 South Frontage Road West/Lot B2,
Stephens Subdivision, and setting forth details in regard thereto.
The Applicant is proposing to construct an addition to an existing non-conforming
dwelling unit by creating a single-family unit and a Type III Employee Housing Unit
(EHU) at 2754 South Frontage Road. The new single-family is proposed to be 2,738 sq.
ft. of GRFA (not including a 572 sq.ft. two-car garage) in size. The new Type III EHU is
proposed to be 1,200 sq.ft. of GRFA in size. The Applicant is requesting a GRFA
variance to allow a 576 sq.ft. two-car garage to be constructed for the EHU.
The Applicant is proposing to build encroachments into the required 20 foot front setback
by 12 to 19 feet (from west to east) resulting in a one foot setback at the east end of the
proposed structure. The front (north) property boundary of the subject site is unique in
that it is separated from the adjacent public right-of-way (i.e. the South Frontage Road)
by a CDOT Right-of-Way parcel and a Town of Vail owned parcel. The front property
boundary of the subject site is separated 85 to 120 feet (west to east) from the South
Frontage Road. The Applicant has rights to a substantially sized access easement
across the Town of Vail owned parcel. The proposed point of greatest encroachment
into the setback (i.e. 19 feet) is adjacent to the Applicant's access easement area.
While the subject lot has a depth of 96 to 109 feet (north and south), the southern 40 to
45 feet (west to east) of the lot is rendered unbuildable due to the location of Gore
Creek and the Gore Creek 100-year floodplain. The development of the southern 60 to
43 feet (west to east) of the lot is also limited by the required Gore Creek 50 foot
setback. The existing residence already encroaches into the Gore Creek setback. The
Applicant is proposing to maintain this structure in its current location and the proposed
additions will conform to the setback requirements.
Nearly the entirety of subject site is impacted by the Gore Creek 100-year floodway.
While much of the floodway can be mitigated, by re-grading the property in accordance
with the Stephen's Subdivision master grading plan approved by the Planning and
Environmental Commission in April 2006. This will include adding up to 12 inches of fill
on the site. The existing floodway on the eastern portion of this site can not be mitigated
without grading also occurring on the adjacent Lot C. At this time, the owner's of the
adjacent property do not wish to purpose grading on their property. Therefore, the
existing floodway also renders the eastern 31 to 24 feet (north to south) of the subject
site unbuildable.
To further complicate the development of this property, the northwest corner of the
subject site is encumbered by a 25 foot by 16 foot parking and access easement for the
neighboring Lot B1.
A vicinity map (Attachment A), photographs (Attachment B), and the proposed
architectural plans (Attachment C) are attached for reference.
III. BACKGROUND
The existing structures on the subject site were originally constructed under Eagle County
jurisdiction in 1963.
The subject site was annexed into the Town of Vail in 1980 and formally platted under
Town of Vail jurisdiction in 1984 as part of Lot B, Stephens Subdivision.
In 1985, the subject property was de-annexed from the Town of Vail. Then in 1987, the
subject properties were re-annexed into the Town of Vail and zoned Residential Cluster
District.
2
In 2001, the Applicant obtained Town of Vail approval to divide Lot B, Stephens
Subdivision, into the existing Lots B1 and B2 for ownership purposes, with the conditions
that for zoning purposes the two lots are to be treated as one entity.
In 2005, the Planning and Environmental Commission approved an amended final plat to
correct inaccurate floodplain data shown on the previous subdivision plats. The
Commission also approved a master grading plan for Lots A, B1, B2, and C, Stephens
Subdivision to allow for the mitigation of the Gore Creek 100-year floodway (this
approval does not affect the Gore Creek 100-year flood plain). Pursuant to these
approvals, the allowable density for Lot B shall be based upon a"buildable" lot size of no
less than 12,270 sq. ft., thus establishing a minimum allowable gross residential floor
area (GRFA) limit of 4,417 sq. ft. for the combination of Lots B1 and B2. Based upon full
implementation of the master grading plan the buildable area could be increased to
15,390 sq. ft., thus allowing up to 5,540 sq. ft. of GRFA.
On August 6, 2008, the Design Review Board conceptually reviewed the design review
application associated with these variance requests. The Board was generally
supportive of the request. The Board made suggestions concerning the architecture of
the structure that the Applicant is in the process of addressing. The Applicant intends to
submit revised architectural plans addressing the Board's suggestions prior to the
Planning and Environmental Commission's hearing on these variance requests.
IV. ROLES OF REVIEWING BODIES
Order of Review: Generally, variance applications will be reviewed by the
Planning and Environmental Commission, and then any accompanying design
review application will be reviewed by the Design Review Board.
Planninq and Environmental Commission:
The Planning and Environmental Commission is responsible for final approval,
approval with modifications, or denial of a variance application, in accordance
with Chapter 12-16, Conditional Use Permits, Vail Town Code.
Desiqn Review Board:
The Design Review Board has no review authority over a variance application.
However, the Design Review Board is responsible for the final approval, approval
with modifications, or denial of any accompanying design review application.
Town Council:
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 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 12-6E: Residential Cluster District (in part)
12-6E-1: PURPOSE:
The residential cluster district is intended to provide sites for sing/e-family, two-
family, and multiple-family dwellings at a density not exceeding six (6) dwelling
units per acre, together with such public facilities as may appropriately be /ocated
in the same zone district. The residential cluster district is intended to ensure
adequate light, air, privacy and open space for each dwelling, commensurate
with residentia/ occupancy, and to maintain the desirab/e residential qualities of
the zone district by establishing appropriate site deve/opment standards.
12-6E-6: SETBACKS:
In the RC district, the minimum front setback shall be twenty feet (20), the
minimum side setback shall be fifteen feet (15), and the minimum rear setback
shall be fifteen feet (15).
Chapter 12-13: Employee Housing
12-13-1: PURPOSE:
The town's economy is /argely tourist based and the hea/th 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 availab/e 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 ro/e in creating quality living and working conditions for the community's
work force. The town recognizes a permanent, year round population plays an
important ro/e in sustaining a hea/thy, viab/e community. Further, the town
recognizes its ro/e in conjunction with the private sector in ensuring housing is
availab/e.
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Chapter 12-17: Variances (in part)
12-17-1: Purpose:
A. Reasons for Seeking Variance: In order to prevent or to /essen such practical
difficulties and unnecessary physical hardships inconsistent with the objectives of
this tit/e as would result from strict or literal interpretation and enforcement,
variances from certain regulations may be granted. A practica/ difficulty or
unnecessary physical hardship may result from the size, shape, or dimensions of
a site or the /ocation of existing structures thereon; from topographic or physical
conditions on the site or in the immediate vicinity,� or from other physical
limitations, street locations or conditions in the immediate vicinity. Cost or
inconvenience to the applicant of strict or litera/ compliance with a regulation
shall not be a reason forgranting a variance.
12-17-6: Criteria and Findings:
A. Factors Enumerated: Before acting on a variance application, the planning
and environmenta/ commission shall consider the following factors with respect
to the requested variance:
1. The re/ationship of the requested variance to other existing or potential
uses and structures in the vicinity.
2. The degree to which relief from the strict or literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility
and uniformity of treatment among sites in the vicinity, or to attain the
objectives of this tit/e without grant of special privilege.
3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and utilities, and
public safety.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
8. Necessary Findings: The planning and environmenta/ commission shall make
the following findings before granting a variance:
1. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties c/assified in the
same zone district.
2. That the granting of the variance will not be detrimenta/ to the public
hea/th, safety, or we/fare, or materially injurious to properties or
improvements in the vicinity.
3. That the variance is warranted for one or more of the following reasons:
a. The strict or literal interpretation and enforcement of the specified
regulation would result in practica/ difficulty or unnecessary physical hardship
inconsistent with the objectives of this tit/e.
b. There are exceptiona/ or extraordinary circumstances or conditions
applicab/e to the site of the variance that do not apply generally to other
properties in the same zone district.
c. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the owners of
other properties in the same zone district.
6
VI
VII.
SITE ANALYSIS
Address:
Legal Description:
Zoning:
Land Use Plan Designation
Current Land Use:
Lot Size:
Existing Buildable Area:
Proposed Buildable Area:
Hazards:
Standard
Setbacks (min):
Front (North)
Side (West):
Side (East):
Rear (South):
Gore Creek:
GRFA (max):
Lot B1
Lot B2
Site coverage (max.):
Lot B1
Lot B2
Parking Lot B2 (min):
Single-Family
EHU
2754 South Frontage Road
Lot B(specifically B2), Stephens Subdivision
Residential Cluster
Medium Density Residential
Two single-family residences (Lots B1 & B2)
23,344 sq.ft. (0.5359 acres)
no less than 12,270 sq.ft (per plat)
15,390 sq.ft. (0.353 acres)
Gore Creek 100-year floodplain
Allowed/Required
20 ft.
15 ft.
15 ft.
15 ft.
50 ft.
5,540 sq. ft
n/a
n/a
5,836 sq.ft.
n/a
n/a
3 spaces
2 spaces
Existin
20 ft. (Lot B2)
45 ft. (Lot B1)
81 ft. (Lot B2)
43 ft. (Lot B2)
34 ft. (Lot B2)
2,546 sq.ft.
1,830 sq.ft.
716 sq.ft.
1,970 sq.ft.
1,254 sq.ft.
716 sq.ft.
n/a
n/a
Proposed
1 ft. (Lot B2)
no change
15 ft. (Lot B2)
26 ft. (Lot B2)
no change
4,568 sq.ft.*
no change
2,738 sq.ft.*
3,762 sq.ft.
no change
2,508 sq.ft.
3 spaces (2 enclosed)
2 spaces (2 enclosed)
*does not include 1,200 sq. ft. of Type III EHU and 576 sq. ft. of EHU garage
SURROUNDING LAND USES AND ZONING
Existinq Use Zoninq District
North: Right-of-Way and Open Space Outdoor Recreation
South: Residential Residential Cluster
East: Residential Residential Cluster
West: Residential Residential Cluster
VIII. REVIEW CRITERIA
Setback Variance
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.
7
Staff believes the Applicant is proposing to upgrade an existing non-conforming
dwelling in a manner that is in keeping with the general character and
architectural style of the neighborhood.
Staff does not believe this proposal will have any significant negative impacts on
nearby existing or potential uses and structures in comparison to the 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.
The Applicant is proposing building encroachments into the required 20 foot front
setback by 12 to 19 feet (from west to east) resulting in a one foot setback at the
east end of the proposed structure. The front (north) property boundary of the
subject site is unique in that it is separated from the adjacent public right-of-way
(i.e. the South Frontage Road) by a CDOT Right-of-Way Parcel and a Town of
Vail owned parcel. The front property boundary of the subject site is separated
from the South Frontage Road by 85 to 120 feet (west to east). The Applicant
has rights to a substantially sized access easement across the Town of Vail
owned parcel. The point of greatest encroachment into the setback (i.e. 19 feet)
is adjacent to the Applicant's access easement area.
While the subject lot has a depth of 96 to 109 feet (north and south), the southern
40 to 45 feet (west to east) of the lot is rendered unbuildable due to the location
of Gore Creek and the Gore Creek 100-year floodplain. The development of the
southern 60 to 43 feet (west to east) of the lot is also limited by the required Gore
Creek 50 foot setback. The existing residence already encroaches into the Gore
Creek setback. The Applicant is proposing to maintain this structure in its current
location and the proposed additions will conform to the setback requirements.
Nearly the entirety of subject site is impacted by the Gore Creek 100-year
floodway. While much of the floodway can be mitigated, by re-grading the
property in accordance with the Stephen's Subdivision master grading plan
approved by the Planning and Environmental Commission in April 2006. This will
include adding up to 12 inches of fill on the site. The existing floodway on the
eastern portion of this site can not be mitigated without grading also occurring on
the adjacent Lot C. At this time, the owner's of the adjacent property do not wish
to purpose grading on their property. Therefore, the existing floodway also
renders the eastern 31 to 24 feet (north to south) of the subject site unbuildable.
To further complicate the development of this property, the northwest corner of
the subject site is encumbered by a 25 foot by 16 foot parking and access
easement for the neighboring Lot B1.
Due to these unique characteristics of the subject property and the multiple
encumbrances on the development of the subject site, Staff believes the
proposed variance is necessary for the Applicant to achieve compatibility and
uniform treatment among other sites in the Residential Cluster District.
0
Due to the unique circumstances associated with the subject property, Staff does
not believe this proposal will 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 other
setback variance requests for the renovation of properties originally subdivided
and originally constructed under Eagle County jurisdiction. Additionally, the
Planning and Environmental Commission has also approved other setback
variance requests based upon the location and impacts of creeks/streams and
floodplains.
GRFA Variance
The Planning and Environmental Commission shall consider the following factors
with respect to a variance application:
1. The relationship of the requested variance to other existing or potential
uses and structures in the vicinity.
A principle development objective of the Town of Vail is to encourage the
construction of housing for local residents. In response to this objective, the Vail
Town Code includes numerous incentives for the construction of EHUs. One of
these incentives includes the provision that Type III EHUs are excluded from
both density and GRFA calculations, pursuant to Section 12-13-4, Requirements
by Employee Housing Unit Type, Vail Town Code.
The Vail Town Code also encourages, occasionally requires, the construction of
garages and similar storage areas for both dwelling units and EHUs. As an
incentive, the Town of Vail's GRFA calculation methods include a variety of
deductions (credits) for garages. For example, Type I and Type IV EHUs are
eligible for up to 600 sq. ft. of GRFA garage deduction and Type II EHUs are
eligible for up to 300 sq. ft. of GRFA garage deduction. The amount of GRFA
garage deduction granted to a Type VI EHU is determined by Planning and
Environmental Commission. However, Type V EHUs (only permitted in the
Spraddle Creek Subdivision) are explicitly not entitled to a GRFA garage
deduction by the Town Code.
Although Type III EHUs are not calculated as density or GRFA, the provisions of
Section 12-13-4, Requirements by Employee Housing Unit Type, Vail Town
Code, do regulate the size of these EHUs at a minimum of 300 sq. ft. and a
maximum of 1,200 sq. ft. These EHU size limits are determined by using GRFA
9
calculation methods. However, the provisions of Section 12-13-4, Requirements
by Employee Housing Unit Type, Vail Town Code, do not explicitly grant nor
prohibit garage deductions from being applied to the Type III EHU size limit
calculations, unlike the other EHU types.
The "garage area/storage requirements" for Type III EHUs are prescribed by the
Town Code as "n/a". Staff believes these provisions may have been originally
prescribed as not applicable since Type III EHUs are only permitted within the
Town of Vail's commercial and multiple-family zone districts, and have historically
been constructed in either a dormitory or multiple-family dwelling format. In
these scenarios, parking has been accommodated with surface parking lots or
common area enclosed parking structures. Neither surface parking lots nor
parking structures are calculated as GRFA, and therefore are not applicable to
the size limit calculations for the typical Type III EHU.
Instead of proposing to construct a dormitory or multiple-family dwelling format
Type III EHU, the Applicant is proposing to construct an attached dwelling unit
format EHU. The applicant is proposing to construct 1,200 sq. ft. of living area,
plus a 576 sq. ft. attached garage. The proposed garage occupies the first level
of the structure with the EHU living area located above.
Since the provisions of Section 12-13-4, Requirements by Employee Housing
Unit Type, Vail Town Code, prescribe the "garage credit/storage requirement" for
Type III EHUs as "n/a"; this can be interpreted that no GRFA garage deduction is
available for the Type III EHU size limit calculations. With this interpretation, the
applicant's proposed garage is calculated in the same manner as any other living
area.
Therefore, Staff believes the proposed garage will have little physical or visual
impact on neighboring uses or structures. Therefore, Staff does not believe this
proposal will have a significant negative effect upon this criterion.
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.
The Vail Town Code generally encourages, and occasionally requires, the
construction of garages and similar storage areas for dwelling units and other
types of EHUs. However, Staff does not believe the provisions of Section 12-13-
4, Requirements by Employee Housing Unit Type, Vail Town Code, contemplate
the construction a Type III EHU with an attached garage.
Therefore, Staff believes the applicant is requesting a variance to the degree
necessary to achieve compatibility and uniformity of treatment among sites in the
vicinity and to attain the objectives of this title without a grant of special privilege
due to the unique attached dwelling unit format of the proposed Type III EHU (i.e.
rather than the typical dormitory or multiple-family dwelling formats).
10
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, utilities, or light and air.
4. Such other factors and criteria as the commission deems applicable to
the proposed variance.
A similar GRFA variance for a Type III EHU garage was approved in 2005 for a
single-family style Type III EHU at 2883 Kinnikinnick Road (located west of the
subject property at the southeast corner of Kinnikinnick Road and the South
Frontage Road).
IV. STAFF RECOMMENDATION
SETBACK VARIANCE
The Community Development Department recommends approval, with conditions, of
a final review of a variance from Section 12-6E-6, Setbacks, Vail Town Code, pursuant
to Chapter 12-17, Variances, Vail Town Code, to allow for construction within the
setbacks located at 2754 South Frontage Road West/Lot B2, Stephens Subdivision, and
setting forth details in regard thereto. This recommendation is based upon the review of
the criteria outlined in Section VIII of this memorandum and the evidence and testimony
presented.
Should the Planning and Environmental Commission choose to approve this variance
request with condition(s), the Community Development Department recommends the
Commission pass the following motion:
"The P/anning and Environmenta/ Commission approves the Applicants' request
for a variance from Section 12-6E-6, Setbacks, Vail Town Code, pursuant to
Chapter 12-17, Variances, Vail Town Code, to allow for construction within the
setbacks /ocated at 2754 South Frontage Road West/Lot 82, Stephens
Subdivision, and setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to approve this variance
request with condition(s), the Community Development Department recommends the
Commission pass the following condition:
"This approval is contingent upon the Applicant obtaining Town of Vail approval
of the associated design review application."
Should the Planning and Environmental Commission choose to approve this variance
request with condition(s), the Community Development Department recommends the
Commission makes the following findings:
"Based upon a review of Section Vlll of the Staff's August 25, 2008,
memorandum to the P/anning and Environmenta/ Commission and the evidence
and testimony presented, the P/anning and Environmenta/ Commission finds:
11
1. The granting of this variance will not constitute a granting of special privilege
inconsistent with the limitations on other properties c/assified in the Residential
Cluster District.
2. The granting of this variance will not be detrimenta/ to the public hea/th, safety,
or we/fare, or materially injurious to properties or improvements in the vicinity.
3. This variance is warranted for the following reasons:
a. The strict literal interpretation or enforcement of the specified regulation will
result in practica/ difficulty or unnecessary physical hardship inconsistent with
the objectives of Tit/e 12, Zoning Regulations, Vail Town Code.
b. There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply generally to other
properties in the Residentia/ Cluster District. "
GRFA VARIANCE
The Community Development Department recommends approval, with condition(s), of
a final review of a variance from from Section 12-13-4, Requirements by Employee
Housing Unit (EHU) Type, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail
Town Code, to allow for additional Gross Residential Floor Area (GRFA) for the
construction of an EHU garage located at 2754 South Frontage Road West/Lot B2,
Stephens Subdivision, and setting forth details in regard thereto. This recommendation
is based upon the review of the criteria outlined in Section VIII of this memorandum and
the evidence and testimony presented.
Should the Planning and Environmental Commission choose to approve this variance
request with condition(s), the Community Development Department recommends the
Commission pass the following motion:
"The P/anning and Environmenta/ Commission approves the Applicants' request
for a variance from from Section 12-13-4, Requirements by Employee Housing
Unit (EHU) Type, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail
Town Code, to allow for additiona/ Gross Residentia/ F/oor Area (GRFA) for the
construction of an EHU garage /ocated at 2754 South Frontage Road West/Lot
82, Stephens Subdivision, and setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to approve this variance
request with condition(s), the Community Development Department recommends the
Commission pass the following condition:
"1. This approval is contingent upon the Applicant obtaining Town of Vail
approval of the associated design review application.
2. Prior to the issuance of a Temporary or Fina/ Certificate of Occupancy for
either proposed unit, the Applicant must execute all necessary Employee
Housing Unit deed restriction agreements. "
12
Should the Planning and Environmental Commission choose to approve this variance
request with condition(s), the Community Development Department recommends the
Commission makes the following findings:
"Based upon a review of Section Vlll of the Staff's August 25, 2008,
memorandum to the P/anning and Environmenta/ Commission and the evidence
and testimony presented, the P/anning and Environmenta/ Commission finds:
1. The granting of this variance will not constitute a granting of specia/ privilege
inconsistent with the limitations on other properties c/assified in the Residential
Cluster District.
2. The granting of this variance will not be detrimenta/ to the public hea/th, safety,
or we/fare, or materially injurious to properties or improvements in the vicinity.
3. This variance is warranted for the following reasons:
a. The strict literal interpretation or enforcement of the specified regulation will
result in practica/ difficulty or unnecessary physical hardship inconsistent with
the objectives of Tit/e 12, Zoning Regulations, Vail Town Code.
b. There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply generally to other
properties in the Residentia/ Cluster District. "
X. ATTACHMENTS
A. Vicinity Map
B. Photographs
C. Proposed Architectural Plans
13
Attachment A
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MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: August 25, 2008
SUBJECT: A request for a final recommendation to the Vail Town Council for the
adoption of the Town of Vail Employee Housing Strategic Plan, and
setting forth details in regard thereto. (PEC080045)
Applicant: Community Development Department
Planner: Nicole Peterson
I. SUMMARY
The applicant, Town of Vail, is requesting the Planning and Environmental
Commission forwards a recommendation to the Vail Town Council, for the
adoption of the Town of Vail Employee Housing Strategic Plan, 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 adoption of the Town of Vail Employee Housing Strategic Plan subject to
the findings noted in Section VI of this memorandum.
II. DESCRIPTION OF THE REQUEST
The Planning and Environmental Commission is delegated the authority to
review and provide recommendations to the Council for Comprehensive Plan and
Zoning Ordinance amendments. The Employee Housing Strategic Plan (EHSP)
is a Planning document much like the Comprehensive Plan or the Zoning
Ordinance, therefore Staff is requesting that the Planning and Environmental
Commission review and provide a recommendation to the Council.
It shall be noted that the EHSP is not meant to be a comprehensive housing plan
for the Town, but rather an appendix or supplement document to the Vail
Comprehensive Plan, that provides more detail on the specific issue of employee
or workforce housing. The EHSP addresses employee housing only, as defined
below (Section 12-2-2 Definitions, Vail Town Code).
EMPLOYEE HOUS/NG UN/T (EHU): A dwelling unit which shall
not be /eased or rented for any period /ess than thirty (30)
consecutive days, and shall be occupied by at /east one person
who is an employee. For the purposes of this definition
"employee" shall mean a person who works an average of thirty
(30) hours per week or more on a year round basis in Eag/e
County, Co/orado.
III. BACKGROUND
At the January 22, 2008, Town Council retreat the Town Council identified the
completion and adoption of a Housing Strategic Plan by September, 2008, as an
immediate goal. In response to the Council's objective, the Vail Local Housing
Authority (VLHA) has created a draft Employee Housing Strategic Plan
(Attachment A).
The Housing Authority has held two work sessions per month, over six months,
to facilitate the timely completion of the draft Employee Housing Strategic Plan
(EHSP). Additionally, the Vail Economic Advisory Committee has discussed the
goals for the EHSP at both its May and June meetings. A detailed timeline of the
drafting process is included in the EHSP Appendix.
IV. APPLICABLE PLANNING DOCUMENTS
The following four planning documents provide goals and objectives regarding
employee housing. Staff has provided excerpts, below, from each of the four
documents, for the Commission's consideration.
o Vail 20/20, adopted November 6, 2007;
o Vail Land Use Plan, updated March 23, 2006,
o Vail Village Master Plan, updated January 5, 2005, and
o Lionshead Redevelopment Master Plan, updated February 6, 2007
VAIL 20/20 (In part)
HOUSING
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 renta/ and for-sa/e 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
leve/s of year-round employees, including those with families. Housing in
general has been transformed to include green building standards.
20/20 Implementation
Based on input from the community during the 20/20 process, town staff
with the Vail Loca/ Housing Authority, deve/oped the following goa/s 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 /east 30 percent of the workforce through policies,
regulations and publicly initiated deve/opment.
2
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 possib/e.
• Establish protoco/ for disbursement of dedicated housing fund
resources.
• Research and secure potentia/ a/ternative (besides pay-in-lieu)
funding sources for employee housing.
• Work with the County and other regional entities to ensure
housing is addressed on a regional level.
Preserve existing affordab/e/workforce housing within the town.
o Expand "buy down" program that gives cash for deed
restrictions of units.
o Evaluate impact and explore options for rep/acement of EHUs
from Timber Ridge during redeve/opment.
Expand the number of employee beds in the Town of Vail.
o Redevelop Timber Ridge to increase affordable/workforce
housing and maximize redeve/opment potential with high
density zoning.
o Update Chamonix/Wendy's Master Plan to increase employee
housing deve/opment potential.
o Redeve/op Chamonix parce/ per the master plan.
o Redeve/op the A-Frame /ot for employee housing.
o Conduct inventory of all sites with deve/opment potentia/ and
pursue opportunities for acquiring undeve/oped or
underdeve/oped properties.
o Consider increasing incentives in performance zoning for
property owners who build EHUs.
o Continue to purchase properties for TOV emp/oyee renta/s.
o Amend deve/opment standards to allow for deve/opment of
EHUs on properties.
o Evaluate opportunities for potential land swaps with the Forest
Service.
o Evaluate opportunities for annexation of /and from other
jurisdictions.
o Update the Vail Land Use P/an and identify more areas for
employee housing.
o Enumerate the effects of housing employees within the Town
of Vail, including a cost-benefit analysis of employee housing.
VAIL LAND USE PLAN (In part)
5. Residential
5.3 Affordab/e employee housing should be made availab/e through
private efforts,assisted by limited incentives, provided by the Town of Vail,
with appropriate restrictions.
5.4 Residentia/ 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. Additiona/ employee housing needs should be accommodated
at varied sites throughout the community.
VAIL VILLAGE MASTER PLAN (In part)
2.6 Objective:
Encourage the deve/opment of affordab/e housing units through the
efforts of the private sector.
2.6.1 Policy:
Employee housing; units may be required as part of any new or
redeve/opment project requesting density over that allowed by
existing zoning.
2.6.2 Policy:
Employee housing, shall be deve/oped 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 deve/opment of affordab/e
housing by providing limited assistance.
LIONSHEAD REDEVELOPMENT MASTER PLAN (In part)
4.1.5 West Lionshead - Residential/ Mixed-Use Hub
Appropriate uses could include high density residential
deve/opment, lodging, community and visitor based office and
retail space, employee housing and parking, bus or transit
functions and a ski lift connection to Vail Mountain. Consideration
should be given to integrating employee housing into the
redeve/opment of West Lionshead in accordance with the Town's
employee housing policies and regulations.
4.9 Housing
Recent community surveys and grass-roots p/anning efforts such
as Vail Tomorrow have identified the /ack of /oca/s housing as the
most critical issue facing the Vail community. Early in the
4
Lionshead master p/anning process, west Lionshead was
identified as an opportunity area to implement some of the
community's housing goa/s, particularly re/ating to employee
housing. These opportunities and associated issues are outlined
be/ow.
4.9.1 No Net Loss of Employee Housing
Ground rule number five of the master plan states that there shall
be no net /oss of employee housing in Lionshead as
redeve/opment occurs.
4.9.3 Policy Based Housing Opportunities
The first means of implementing housing goa/s 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 deve/opment and
redeve/opment projects, as a prerequisite to project approval,
should provide housing for employees generated and to the extent
possible this housing should be /ocated in the Lionshead area.
4.9.4 Potential Housing Sites
Following are specific sites that have been identified as suitab/e for locals
and employee housing (in part).
4.9.4.1 South Face of the Lionshead Parking Structure
The south face of the Lionshead parking structure was identified
by the Lionshead master planning team, the public input "wish list"
process, and the Vail Tomorrow process as a potential location for
housing. Depending on building height, this /ocation could support
two to three /eve/s of housing /ocated above a ground f/oor leve/ of
retail and commercia/ space.
4.9.4.2 Top Deck of the Lionshead Parking Structure
The upper deck of the Lionshead parking structure has a/so been
identified as a potential location for housing. A/though the parking
structure does offer a/arge area, several critical p/anning
considerations must be taken into account.
4.9.4.3 Vail Associates Service Yard Holy Cross Site, Vail
Professional Building, Cascade Crossing, North Day Lot, and
the former gas station site
All redeve/opment in West Lionshead will need to conform to the
Town's housing policies and requirements. In order to create
activity and vibrancy in West Lionshead it is appropriate to include
some dispersed emp/oyee housing opportunities for permanent
local residents in proposed deve/opments in the area consistent
with these policies.
4.9.4.3 Red Sandstone Parking Area
The parking /ot and Town of Vail transit stop at the base of the
Red Sandstone E/ementary school were identified as a potential
site for employee or loca/s housing because of its proximity to the
e/ementary school, the 1-70 pedestrian overpass and the transit
stop. However, the access (vehicular and pedestrian), safety and
functional programming needs of the e/ementary school must take
priority in any potential housing deve/opment scenario.
4.9.4.4 Old Town Shops
The O/d Town Shops, located just west of the Vail sanitation p/ant,
were identified as potentia/ employee housing /ocations during the
master planning process. There are, however, other significant
demands on this site, including potentia/ expansion of the
sanitation p/ant and the need for a new snowcat mountain access
route from the Vail Associates service yard. In addition, the
presence of the sanitation plant on one side and the existing gas
station on the other reduces the desirability of this /ocation for
employee or loca/s housing.
7.5 Density (Dwelling Units Per Acre):
Further, because it is a community goa/ to increase the number of
permanent residents in Lionshead, employee housing units that are deed
restricted for loca/ emp/oyees should not count toward density.
9.1 Project Prioritization
9.1.2 Private Improvements
9.1.2.5 West Lionshead Local/ Employee Housing The
deve/opment of a significant housing supply in west Lionshead
should be a component of any plans to tear down the Sunbird
Lodge and redeve/op the Vail Associates core site. Housing is
linked to the realignment of South Frontage Road, the possib/e
construction of a new west Lionshead parking structure, and
additiona/ deve/opment on the west day lot and the Vail
Associates service yard. To the greatest extent possib/e, all of
these projects should be planned concurrently, and the
sequence in which they are implemented should not preclude
other future projects. It should be considered a priority by the
Town of Vail to determine how much, if any, public parking
should occur in this area.
9.5 Next Steps The following critica/ actions will set the stage for the
implementation of the master plan recommendations.
9.5.5 Employee Generation In accordance with ongoing efforts to
provide both loca/s and employee housing in the Town of Vail, an
employee generation ordinance is currently being pursued by the
Vail Town Council.
6
V. REVIEW CRITERIA
Staff believes the criteria and findings for Zoning Amendments, as set forth in
Section 12-3-7-C, Vail Town Code, provide relative and diligent standards to
review the draft Employee Housing Strategic Plan. Staff has provided responses
to each criterion with regard to the Employee Housing Strategic Plan (EHSP)
below, and included the findings in the Staff recommendation in Section VI of this
memorandum.
(1) The extent to which the EHSP is consistent with all the applicable
elements of the adopted goals, objectives and policies outlined in the Vail
comprehensive plan and is compatible with the development objectives of
the town.
Staff believes the proposed EHSP is consistent with the Town's adopted goals,
objectives and policies regarding employee housing, as set forth in the planning
documents quoted in Section IV Applicable Planning Documents, of this
memorandum. The EHSP furthers the goals, objectives and policies by
providing implementation methods and action steps for the continued growth
and development of the community's employee housing stock.
(2) The extent to which the EHSP presents a harmonious, convenient,
workable relationship among land uses consistent with municipal
development objectives.
Staff believes the proposed EHSP is necessary to facilitate and provide a
harmonious, convenient, workable relationship among land use regulations
consistent with the Town of Vail master plans and development objectives. The
EHSP is in response to the Town's continued need for employee housing units.
The EHSP provides a foundation for future actions and decision making
regarding development and funding of employee housing in Vail.
(3) The extent to which the EHSP provides for the growth of an orderly
viable community and serves the best interests of the community as a
whole.
The gap between available employee housing and Vail's premier service
employment opportunities, is a well known and broadly discussed topic. The
EHSP provides action steps to decrease the distance between housing and
jobs which, Staff believes, provides for the growth of an orderly, viable
community by potentially increasing the year-round population and economic
activity in Vail. Staff believes the adoption of the EHSP serves the best
interests of the community as a whole by responding to the community's goal of
providing employee housing in Vail.
(4) The extent to which the EHSP results in adverse or beneficial impacts
on the natural environment, including, but not limited to, water quality, air
quality, noise, vegetation, riparian corridors, hillsides and other desirable
natural features.
7
As mentioned above, the EHSP provides action steps to decrease the distance
between housing and jobs in Vail which, Staff believes, is highly beneficial to
the natural environment, most notably Vail's air quality and noise. By
decreasing the distance between housing and jobs, the demand on the
transportation system (i.e. roads, bus traffic and automobile traffic) is
decreased, resulting in the reduction of air and noise pollution. Reduction in the
amount of traffic also helps protect riparian corridors, hillsides and native
vegetation in Vail and along the I-70 corridor.
VI. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission forwards a recommendation of approval to the Vail
Town Council, for the adoption of the Town of Vail Employee Housing Strategic
Plan, and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to recommend
approval of the Employee Housing Strategic Plan, Staff recommends the
Commission pass the following motion:
"The P/anning and Environmenta/ Commission forwards a
recommendation of approva/ to the Vail Town Council for the adoption of
the Town of Vail Employee Housing Strategic P/an, and setting forth
details in regard thereto. "
Should the Planning and Environmental Commission choose to recommend
approval of the Employee Housing Strategic Plan, the Department of Community
Development recommends the Commission makes the following findings:
"Based upon the review of the criteria outlined in Section V of this Staff
memorandum dated August 25, 2008, and the evidence and testimony
presented, the P/anning and Environmenta/ Commission finds:
That the Emp/oyee Housing Strategic P/an is consistent with the
applicab/e e/ements of the adopted goa/s, objectives and policies
outlined in the Vail Comprehensive Plan and is compatib/e with the
deve/opment objectives of the Town; and,
2. That the Emp/oyee Housing Strategic P/an furthers the genera/ and
specific purposes of Zoning Regulations; and,
3. That the Emp/oyee Housing Strategic P/an promotes the hea/th,
safety, mora/s, and general we/fare of the Town and promote the
coordinated and harmonious deve/opment of the Town in a manner
that conserves and enhances its natura/ environment and its
established character as a resort and residentia/ community of the
highest quality. "
VII. ATTACHMENTS
A. Draft Town of Vail Employee Housing Strategic Plan
0
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PLANNING AND ENVIRONMENTAL COMMISSION
August 11, 2008
1:OOpm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT
David Viele
Michael Kurz
Scot Proper
Sarah R. Paladino (arrived at 1:05)
Susie Tjossem
MEMBERS ABSENT
Rollie Kjesbo
Bill Pierce
A request for a final review of an amended final plat, pursuant to Chapter 12-12, Exemption Plat
Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries
between Lot A and Tract A, Vail Village 7t" Filing, and a request for a final recommendation to
the Vail Town Council of a zone district boundary amendment, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to rezone 430 square feet of Tract A, Vail Village 7t" Filing, from
High Density Multiple Family (HDMF) zone district to General Use (GU) zone district, located at
595 East Vail Valley Drive, and setting forth details in regard thereto. (PEC080038, PEC080039)
Applicant: Manor Vail Lodge H.O.A., represented by Jim Adams of East West Partners
Planner: Warren Campbell
FINAL PLAT ACTION: Approved, with condition(s)
MOTION: Kurz SECOND: Tjossem VOTE: 5-0-0
CONDITION(S):
1. The applicant shall continue to work with the Town Staff to prepare an agreeable
written Ford Park easement document, which shall accompany the plated easement to
be reviewed and approved by the Town Council.
REZONING ACTION: Recommendation of approval
MOTION: Kurz SECOND: Viele VOTE: 5-0-0
Warren Campbell presented an overview of the proposal and the Staff inemorandum.
There was no public comment.
The Commissioners expressed their support for the application.
2. A request for a recommendation to the Vail Town Council to review the Vail Land Use Plan map,
pursuant to Section 8-3, Vail Land use Plan to allow for a change in the land use designation
from Community Office to Lionshead Redevelopment Master Plan for properties known as
"Cascade Crossing" and "Vail Professional Building" (Future "Ever VaiP'), located at 953 and
1031 South Frontage Road West/unplatted (A complete legal description is available for
inspection at the Town of Vail Community Development Department), and setting forth details in
regard thereto. (PEC080036)
Applicant: Town of Vail
Planner: Nicole Peterson
ACTION: Recommendation of approval
MOTION: Tjossem SECOND: Proper VOTE: 4-0-1 (Viele recused)
Nicole Peterson presented an overview of the proposal and the Staff inemorandum.
Page 1
Commissioner Viele recused himself due to a conflict of interest.
Jay Peterson, representing the
He discussed their discussions
support from Vail Resorts.
There was no public comment.
Glen Lyon Office Building, voiced their support for the request.
with Vail Resorts about this proposal, and noted a letter of
Commissioner Tjossem stated that it made sense to have the Glen Lyon Office Building included
within the Lionshead Redevelopment Master Plan land use designation due to the proximity and
interaction that will occur with Ever Vail.
The Commissioners expressed their agreement with the proposal.
3. A request for a final recommendation to the Vail Town Council, pursuant to 12-3-7, Amendment,
Vail Town Code, for prescribed regulations amendments to Chapter 12-3, Administration, and
Chapter 13-1, General Provisions, to establish notification of surface development regulations,
and setting forth details in regard thereto. (PEC080023)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Approved
MOTION: Kurz SECOND: Proper VOTE: 5-0-0
Bill Gibson presented an overview of the proposal and the Staff memorandum.
There was no public comment.
The Commissioners expressed their support for the Code amendments.
4. A request for a final recommendation to the Vail Town Council, pursuant to Chapter VIII, Section
3, Amendment Process, Land use Plan, for the adoption of a new land use category and
amendments to the official Land Use Plan Map to allow for the designation of the "Chamonix
Master Plan" area; a request for a final recommendation to the Vail Town Council for a zone
district boundary amendment, pursuant Section 12-3-7, Amendment, Vail Town Code, to rezone
Parcel A of Tract D, Vail Das Shone, Filing No. 1, from Commercial Core III (CC3) District to
Housing (H) District, and to rezone Parcel B of Tract D, Vail Das Shone, Filing No. 1, from Two-
Family Primary/Secondary Residential (PS) District to Housing (H) District; and a request for a
final recommendation to the Vail Town Council, pursuant to Chapter 12-61-11, Development
Plan Required, Vail Town Code, to allow for the adoption of a development plan for the
construction of a fire station and employee housing on the "Chamonix Site", located at 2399
North Frontage Road West, Parcel(s) A and B, Vail Das Shone, Tract D, Filing No. 1, and setting
forth details in regard thereto. (PEC080037, PEC080040, PEC080041)
Applicant: Town of Vail, represented by Stan Clauson Associates, Inc.
Planner: Warren Campbell
ACTION: Table to September 8, 2008
MOTION: Kurz SECOND: Proper VOTE: 4-0-0
5. A request for a work session for review of a major exterior alteration, pursuant to Section 12-7H-
7, Exterior Alterations or Modifications; and requests for conditional use permits, pursuant to
Section 12-7H-2, Permitted and Conditional Uses, Basement or Garden Level; Section 12-7H-3,
Permitted and Conditional Uses, First Floor or Street Level; 12-7H-4, Permitted and Conditional
Uses; Second Floor and Above, Vail Town Code, to allow for the redevelopment of the
Evergreen Lodge, with dwelling units, accommodation units, employee housing units, conference
Page 2
facilities and meeting rooms on the basement level, multi-family dwelling units on the first floor,
and an eating and drinking establishment on the second floor, located at 250 South Frontage
Road West/Lot 2, Block 1, Vail Lionshead Filing 2. (PEC080033)
Applicant: HCT Development, represented by TJ Brink
Planner: Rachel Friede
ACTION: Table to September 8, 2008
MOTION: Kurz SECOND: Proper VOTE: 4-0-0
6. Approval of July 28, 2008 minutes
MOTION: Proper SECOND: Tjossem
7. Information Update
8. Adjournment
MOTION: Proper
SECOND: Tjossem
VOTE: 4-0-1 (Kurz recused)
VOTE: 5-0-0
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 for additional
information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published August 8, 2008, in the Vail Daily.
Page 3
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THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the
Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town
Code, on August 25, 2008, at 1:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for a final review of a variance from Section 12-6E-6, Setbacks, Vail Town
Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for construction
within the setbacks; and a final review of a variance from Section 12-13-4, Requirements
by Employee Housing Unit (EHU) Type, Vail Town Code; to allow for a Gross
Residential Floor Area (GRFA) for a garage, pursuant to Chapter 12-17, Variances, Vail
Town Code, located at 2754 South Frontage Road West/Lot B2, Stephens Subdivision,
and setting forth details in regard thereto. (PEC080042)
Applicant: Lorraine Howenstine, represented by Beth Levine Architect, Inc.
Planner: Bill Gibson
A request for a final review of an amendment to an existing conditional use permit,
pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the
extension of a conditional use permit to allow a temporary business office, located at 450
East Lionshead Circle (Treetops Building)/Lot 6, Vail Lionshead Filing 1, and setting
forth details in regard thereto. (PEC080043)
Applicant: Vail Corporation, represented by Brian McCartney
Planner: Bill Gibson
A request for a final review of an amendment to an existing conditional use permit,
pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the
extension of a conditional use permit to allow for a temporary business office located at
616 West Lionshead Circle (Concert Hall Plaza Building), Lot 1, Vail Lionshead Filing 4,
and setting forth details in regard thereto. (PEC080044)
Applicant: Vail Corporation, represented by Brian McCartney
Planner: Bill Gibson
A request for a final recommendation to the Vail Town Council for the adoption of the
Town of Vail Employee Housing Strategic Plan, and setting forth details in regard
thereto. (PEC080045)
Applicant: Town of Vail, represented by Nina Timm
Planner: Nicole Peterson
A request for a final review of a conditional use permit from Sections 12-7D-2,
Conditional Uses, and 12-6D-3, Conditional Uses, Vail Town Code, pursuant to Chapter
12-16, Conditional Uses, Vail Town Code, to allow for public buildings, grounds, and
facilities (temporary public parking lot); and a request for a final review of variances from
Section 14-5-2, Other Requirements, Vail Town Code, to allow for a gravel parking lot
without internal landscaping located at 2399 North Frontage Road West (Chamonix
Site)/ Parcels A and B, Vail Das Shone, Tract D, Filing No. 1 and setting forth details and
regard thereto (PEC080046 and PEC080047).
Applicant: Town of Vail, represented by Greg Hall
Planner: Warren Campbell
The applications and information about the proposals are available for public inspection
during office hours at the Town of Vail Community Development Department, 75 South
Frontage Road. The public is invited to attend project orientation and the site visits that
precede the public hearing in the Town of Vail Community Development Department.
Please call 970-479-2138 for additional information.
Sign language interpretation is available upon request, with 24-hour notification. Please
call 970-479-2356, Telephone for the Hearing Impaired, for information.
Published August 8, 2008, in the Vail Daily.
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