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HomeMy WebLinkAbout2010-0809 PECPLANNING AND ENVIRONMENTAL COMMISSION August 9, 2010 _ � 1:OOpm 'ICJWN OF YAII; TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Site Visits: 1. Kumagi Residence — 1575 Aspen Ridge Road 30 minutes A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Chapter 12 -6, Residential Districts, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (VVT) District, and setting forth details in regard thereto; and a request for a recommendation to the Vail Town Council on proposed amendments to Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub - Area ( #6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. (PEC100011, PEC100035) Applicant: Chris Galvin, represented by K.H. Webb Architects /Mauriello Planning Group Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: 15 minutes 2. A request for the review of a final plat, pursuant to Chapter 13 -12, Exemption Plat Review Procedures, Vail Town Code, to allow for the amendment of the platted building envelope for 1575 Aspen Ridge Road / Lot 4, Block 4, Lions Ridge Subdivision Filing 3,and setting forth details in regard thereto. (PEC100036) Applicant: Sarah J. Kumagai Revocable Trust, represented by Bryan D. Johnson Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: 5 minutes 3. A request for final review of conditional use permits, pursuant to Section 12 -71 -5, Conditional Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow for the development of a public or private parking lot (parking structure); a vehicle maintenance, service, repair, storage, and fueling facility; a ski lift and tow (gondola), within "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West rig ht-of-way/U nplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080063) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to August 23, 2010 MOTION: SECOND: VOTE: 5 minutes 4. A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning of properties from Arterial Business District and unzoned South Frontage Road West right -of -way which is not zoned to Lionshead Mixed Use -2, properties known as "Ever Vail" (West Page 1 Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to August 23, 2010 MOTION: SECOND: VOTE: 5 minutes 5. A request for a final review of a variance from 12- 71 -14, Site Coverage, Vail Town Code, pursuant to Chapter 12 -17, Variances, to allow for additional site coverage below grade, within "Ever Vail" (West Lionshead), located at 934 (BP Site), 953 (Vail Professional Building), 1031 (Cascade Crossing) S. Frontage Road / Unplatted; 862 (VR Maintenance Shop) and 923 (Holy Cross Lot) S. Frontage Road / Tracts A and B, S. Frontage Road Subdivision; 1000 (Glen Lyon Office Building) S. Frontage Road / Lot 54, Glen Lyon Subdivision (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC090035) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to August 23, 2010 MOTION: SECOND: VOTE: 5 minutes 6. A request for a final recommendation to the Vail Town Council for a proposed major amendment to Special Development District No. 4, Cascade Village, pursuant to Article 12 -9A, Special Development District, Vail Town Code, to allow for the removal of the Glen Lyon Commercial Site, Development Area D, (Glen Lyon Office Building) from the District for incorporation into the properties known as "Ever Vail" (West Lionshead), located at 1000 S. Frontage Road West/Lot 54 Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC090036) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to August 23, 2010 MOTION: SECOND: VOTE: 5 minutes 7. A request for a work session on a major exterior alteration, pursuant to Section 12 -71 -7, Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the area known as "Ever Vail" (West Lionshead), with multiple mixed -use structures including but not limited to, multiple - family dwelling units, fractional fee units, accommodation units, employee housing units, office, and commercial /retail uses, located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West rig ht-of-way/U nplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080064) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to August 23, 2010 MOTION: SECOND: VOTE: 5 minutes 8. A request for an amendment to an Approved Development Plan, pursuant to Section 12- 61 -11, Development Plan Required, Housing Zone District, Vail Town Code, to allow for revisions to the required landscape plan and geologic hazard mitigation plan for the redevelopment of the easternmost 5.24 acres of the Timber Ridge Village Apartments; and a request for the review of a variance, from Section 14 -5 -1, Minimum Standards, Parking Lot and Parking Structure Design Standards for All Uses, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for a crossover drive aisle width of less than thirty -feet (30') within the required parking Page 2 Applicant: Vail Timber Ridge L.L.C. Planner: George Ruther ACTION: Tabled to August 23, 2010 MOTION: SECOND: VOTE: 5 minutes 9. A request for a final recommendation to the Vail Town Council for prescribed regulations amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to provide regulations that will implement sustainable building and planning standards, and setting forth details in regard thereto. (PEC090028) Applicant: Town of Vail Planner: Rachel Friede ACTION: Tabled to August 23, 2010 MOTION: SECOND: VOTE: 5 minutes 10. A request for a final recommendation to the Vail Town Council for the establishment of a new special development district, pursuant to Article 12 -9A, Special Development (SDD) District, Vail Town Code, located at 303 Gore Creek Drive, Units 7, 8, 9, 10, 12, 13 (Vail Rowhouses) /Lots 7, 8, 9, 10, 12, 13, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC090037) Applicant: Christopher Galvin, represented by Mauriello Planning Group, LLC Planner: Bill Gibson ACTION: Withdrawn 11. Approval of July 26, 2010 minutes MOTION: SECOND: VOTE: 12. Information Update 13. Adjournment MOTION: SECOND: VOTE: The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479 -2138 for additional information. Sign language interpretation is available upon request with 24 -hour notification. Please call (970) 479 -2356, Telephone for the Hearing Impaired, for information. Community Development Department Published August 6, 2010, in the Vail Daily. Page 3 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 9, 2010 SUBJECT: A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Chapter 12 -6, Residential Districts, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (WT) District, and setting forth details in regard thereto; and a request for a recommendation to the Vail Town Council on proposed amendments to Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (WT) District, and setting forth details in regard thereto. (PEC100011, PEC100035) Applicant: Chris Galvin, represented by K.H. Webb Architects /Mauriello Planning Group Planner: Bill Gibson SUMMARY The applicant, Chris Galvin, represented by K.H. Webb Architects and Mauriello Planning Group, is proposing to establish a new residential zone district, the Vail Village Townhouse (WT) District. While there is currently no application to apply this proposed zone district to any specific property, the applicant believes that in the future, this new zone district could be applied to the existing Vail Row Houses, Texas Townhomes, Vail Trails East, and the Vail Trails Chalets townhouse developments. Each of these existing townhouse style properties are currently zoned High Density Multiple - Family (HDMF) District and share similar existing legally non - conforming zoning issues. In conjunction with the proposed new residential zone district, the applicant is also proposing to amend the Vail Village Master Plan to include recommendations related to a new Vail Village Townhouse (VVT) District. The applicant is proposing to establish a new townhouse zone district to simplify the development review process for Vail Village townhouse properties by eliminating the need for future variances, allowing for demo /rebuild construction without the loss of existing gross residential floor area (GRFA) potential, and allowing existing surface parking scenarios to continue. The applicant intends the proposed new zone district to create incentives for redevelopment of existing townhouse properties in the Vail Village. 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 with modifications subject to the findings noted in Section VI of this memorandum. The applicant's proposed Town Code amendment (Attachment A), the applicant's proposed Vail Village Master Plan amendment (Attachment B), and Staff's GRFA analysis have been attached for review (Attachment C). II. BACKGROUND The Planning and Environmental Commission held public hearing work sessions on this application on April 26, May 10, June 14, and July 12, 2010. The applicant has amended their proposal to establish a new townhouse zone district based upon public comment and Commissioner input from these hearings. As discussed at the Planning and Environmental Commission's previous public hearings on this application and a previous special development application, the existing townhouse developments in Vail Village such as the Vail Row Houses, Texas Townhomes, Vail Trails East, and Vail Trails Chalets are zoned High Density Multiple Family (HDMF) District. These existing townhouse developments are legally non- conforming in regard to several development standards of the HDMF District including setbacks, parking, density, etc. Some of the individual units in these townhouse developments, including units 7 -13 Vail Row Houses and the Texas Townhomes, were subdivided into individual lots years ago under Eagle County jurisdiction. The standards of the HDMF District were intended to be applied to comprehensive development projects and were not designed to be applied to individual lots within a larger development site. For example, an individually platted Vail Row House lot has 20 foot side setback requirements applied to a 25 foot wide lot with both sides of the dwelling physically attached to the neighboring structure. The Town of Vail has granted multiple variances to facilitate the remodeling of several individual townhouse units which has resulted in the inconsistent application of zoning standards to existing townhouse properties. Rather than perpetuate the current system of requiring variances for most townhouse unit remodels, the applicant is proposing to establish a new zone district designed to regulate the existing townhouse developments in Vail Village. III. DESCRIPTION OF REQUEST PROPOSED NEW ZONE DISTRICT The following is a summary of the applicant's proposed regulation amendments to establish the new Vail Village Townhouse (WT) District. As discussed at the Planning and Environmental Commission's last hearing, the applicant has included "Vail Village" in the name of the proposed district to further clarify the intent of this new zone district and to help limit the scope of its future application to properties within the Vail Village area such as the discussed Vail Row Houses, Texas Townhomes, Vail Trails East, and the Vail Trails Chalets properties. By its name, this district is not intended to be applied to townhouse developments in other Vail neighborhoods. 2 The applicant's proposed text is in italic font, followed by a Staff analysis. Any Staff recommended modifications to the applicant's proposed text are in bold font and text recommended to be deleted is in `'t'''omeA4-Gugh font. 12 -6J -1: PURPOSE: The Vail Village Townhouse District is intended to provide sites and maintain the unique character of existing townhouse and row house development in the Vail Village Master Plan area of the Town of Vail. The Vail Village Townhouse district is intended to ensure adequate light, air, open space, and other amenities commensurate with attached or row dwellings, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. Staff Analysis: Staff believes the proposed purpose statement is consistent with the format of the Town's zoning regulations and communicates the intent of the new district. Staff recommends the Planning and Environmental Commission modifies the proposed purpose statement to clarify how properties will be rezoned to this new district in the future. Staff believes the proposed new zone district should be applied to townhouse developments as a whole. Staff recommends the following modifications to proposed purpose statement: The Vail Village Townhouse District is intended to provide sites and maintain the unique character of existing townhouse and row house development in the Vail Village Master Plan area of the Town of Vail. The Vail Village Townhouse district is intended to ensure adequate light, air, open space, and other amenities commensurate with attached or row dwellings, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. The Vail Village Townhouse District should be applied to townhouse and row house developments as a whole, and is not intended to be applied to an individual dwelling unit or individual lot within a larger comprehensive development. • 12 -6J -2: PERMITTED USES: The following uses shall be permitted in the VVT district: Employee housing units, as further regulated by chapter 13 of this title. Multiple- family residential dwellings, including to townhouses or attached row dwellings. 12 -6J -3: CONDITIONAL USES: The following conditional uses shall be permitted in the VVT district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12 -14 -18 of this title. Communications antennas and appurtenant equipment. Home child daycare facilities, as further regulated by section 12 -14 -12 of this title. Private unstructured parking. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Timeshare units. 12 -6J -4: ACCESSORY USES: The following accessory uses shall be permitted in the VVT district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12 -14 -12 of this title. Private greenhouses, tool sheds, playhouses, attached garages or carports, swimming pools, or recreation facilities customarily incidental to permitted residential and lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. Staff Analysis: The applicant is proposing that many of the land uses allowed in the High Density Multiple Family (HDMF) District also be allowed in the new townhouse district. The applicant is not proposing to allow lodges, dog kennels, funiculars, private clubs, public parking, religious institutions, or ski lifts in this new townhouse district. Staff generally supports the applicant's approach of allowing similar uses in the new townhouse district as are allowed in the HDMF District. At its July 12, 2010, the Planning and Environmental Commission determined that the applicant's proposed permitted, conditional, and accessory uses are appropriate in the new townhouse zone district. • 12 -6J -5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10, 000) square feet of site area for lots containing three or more dwelling units or for properties developed in a condominium format. For individually platted townhouse lots, the minimum lot or site area shall be two thousand (2,000) square feet of site area. Each site shall have a minimum frontage of nineteen feet (19'). Staff Analysis: The proposed minimum lot size requirements of the new townhouse district distinguishes between those townhouse units considered to be part of a larger, comprehensive development site and those townhouse units considered individual lots /development sites. Staff recommends the proposed text be modified to better distinguish these two scenarios. The applicant has proposed a minimum area of 10,000 sq. ft. for lots containing multiple townhouse units and 2,000 sq. ft. for those townhouse lots that were individually subdivided years ago under Eagle County jurisdiction. This concept was supported by the Planning and Environmental Commission at its July 12, 2010, public hearing. At its July 12, 2010, public hearing, the Planning and Environmental Commission determined that to simplify the development review process by eliminating the need for two different lot area calculations, the minimum lot size standards in the new townhouse district should be based upon total site area rather than "buildable area" as in the High Density Multiple Family District. "Buildable area" is that portion of a lot not located in a floodplain, red avalanche hazard, or on slopes greater than 40 %. Since only minor differences exist between site area and buildable area for the Vail Row Houses, Texas Townhomes, Vail Trails East, 4 and the Vail Trails Chalets due to the presence of the Gore Creek floodplain in limited areas of those properties, Staff also supports this proposed methodology. As directed by the Planning and Environmental Commission at it July 12, 2010, public hearing, the applicant has revised the proposed text amendment to include a minimum street frontage standard similar to other residential zone districts. Since the narrowest existing lot in the Vail Row Houses, Texas Townhomes, East, and the Vail Trails Chalets townhouse developments is 19 feet wide, the applicant is proposing that the minimum frontage in the new zone district should be 19 feet. Staff believes the proposed minimum frontage in the new zone district should not be solely based upon the most limited existing condition, but also the desire outcome. Staff recommends the minimum frontage in the new district should be 20 feet for simplicity and consistency in implementation. Staff recommends the following modifications to the proposed lot area and site dimension standards: The minimum lot or site area shall be ten thousand (10, 000) square feet of site area for let° neat -iniy throe er vne re 444elling units ev fer r 4ec de�i ieneil in townhouse lots subdivided as a comprehensive development site. For individually platted townhouse lots within a comprehensive townhouse development, the minimum lot or site area shall be two thousand (2,000) square feet of site area. Each site shall have a minimum frontage of nineteen feet (19) twenty feet (20'). 12 -6J -6: SETBACKS: The minimum setback shall be twenty feet (20) from the front, side, and rear property lines. In the case where existing structures provide less than twenty feet (20) of setback, there shall not be a reduction in setback unless allowed by variance pursuant to Chapter 17, Variances for buildings that are redeveloped. There shall be no setback from property lines which exist between attached dwelling units. Staff Analysis: The applicant is proposing to maintain the existing 20 foot setback requirements of the High Density Multiple Family District around the perimeter of townhouse developments. The applicant is proposing to eliminate the setback requirements between individual townhouse units. Staff believes a zero setback policy between units is necessary for the successful implementation of a townhouse zone district. At its July 12, 2010, public hearing the Planning and Environmental Commission recommended that encroachments into the required setbacks should only be addressed through the variance review process. The Commission did not support creating setback standards in this new zone district based solely upon the existing built conditions at the existing Vail Row Houses, Texas Townhomes, Vail Trails East, and the Vail Trails Chalets townhouse developments. Chapter 12 -18, Nonconforming Sites, Uses, Structures, and Site Improvements, Vail Town Code, already regulates existing non - conforming properties, so Staff believes the applicant's proposed text should be modified to remove the statement about non - conforming structures not further encroaching in the setback: The minimum setback shall be twenty feet (20) from the front, side, and rear property lines. In tho ,^,horn ovictinn 3tn4ntUF9,3 nrnvirlo loco than tin eR4' foot R ) of set ba Gk , theKGi&h -all no a reds int in cethQl� yin /eSc C 14G f � ho � T FP C — ITTQ l0'I� �ZTTiV9Y ee b y i�ri�nno nunsucant t OhapteF 47 7�4apGes fnr higilrlinnc th aFe_Fedeyelppee/. There shall be no setback from property lines which exist between attached dwelling units. 12 -6J -7. HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed forty five feet (45). For a sloping roof, the height of buildings shall not exceed forty eight feet (48'). For units being substantially redeveloped, the initial eave height along a public street shall be as regulated by the Vail Village Master Plan. Staff Analysis: The applicant is proposing to continue the 45 foot flat roof and 48 foot sloping roof building height limits of the High Density Multiple Family District in the new townhouse district. Staff supports the applicant's proposal to maintain these allowable building height standards. The applicant is proposing that the initial eave height for units being substantially redeveloped should be regulated by the Vail Village Master Plan. Staff agrees with the applicant's intent of minimizing the perceived bulk and mass of townhouse structures from the street. Staff believes the Vail Village Master Plan should quantify the appropriate eave heights for those specific properties being discussed during the review of this text amendment application. Since the Town Code does not define "substantially redeveloped ", Staff believes the proposed initial eave height text should simply reference the Vail Village Master Plan as follows: For a flat roof or mansard roof, the height of buildings shall not exceed forty five feet (45'). For a sloping roof, the height of buildings shall not exceed forty eight feet (48'). F= P -. r „nits hoinn ubstantiagy redeyolnnoi! The initial eave height along a public street shall be as regulated by the Vail Village Master Plan. • 12 -6J -8: DENSITY CONTROL: Total density shall not exceed twenty -five dwelling units per acre of total site area or as currently exists as of the date the subject property was rezoned to this district. A dwelling unit in a multiple- family or townhouse building may include one attached accommodation unit no larger than one -third (113) of the total floor area of the dwelling. Staff Analysis: Similar to the HDMF District, the applicant is proposing that the density in the new townhouse zone district not to exceed 25 dwelling units per acre. However, in the HDMF District, the allowable density is based upon acres of "buildable area" rather than total lot area. As discussed above, only minor differences exist between the site area and buildable area of the Vail Row Houses, Texas Townhomes, Vail Trails East, and the Vail Trails Chalets due to the presence of 100 -year floodplain on portions of those properties. At its July 12, 2010, public hearing the Planning and Environmental Commission supported this proposal to utilize total site area, rather than buildable area, to simplify the development review process. 31 The applicant is also proposing the allowable density be "as currently exists as of the date the subject property was rezoned to this district ". Staff is concerned that establishing an existing condition, occurring on a specific date, as the allowable density standard will complicate the development review process, create inequities between similarly zoned properties, and not achieve the built environment desired by the Town's zoning regulations and master plans. Since some existing townhouse lots are less than 1,742 sq.ft. (1/25 of an acre) in area, Staff recommends no less than one dwelling unit is allowed for each platted townhouse lot. Staff recommends the proposed density control standards be modified as follows: Total density shall not exceed twenty -five dwelling units per acre of total site area, with a minimum of one dwelling unit allowed per lot P f fho i^h to fho gUbje of p r-Op ejfil 14 i_c ro;Znnoi-! fn fhicai cfrinf A dwelling unit in a multiple - family or townhouse building may include one attached accommodation unit no larger than one -third (113) of the total floor area of the dwelling. 12 -6J -9: GROSS RESIDENTIAL FLOOR AREA: Not more than one hundred fifty (150) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of total site area. Existing attached or row dwellings in this zone district shall not be entitled to additional gross residential floor area under section 12 -15 -5: Additional Gross Residential Floor Area (250 Ordinance), or section 12 -15 -4: Interior Conversions of this title. There shall be no exclusion to gross residential floor area granted for enclosed garage space within individual dwelling units as referenced in Chapter 15 Gross Residential Floor Area. Staff Analysis: The Planning and Environmental Commission held a work session at its June 14, 2010, public hearing to exclusively discuss gross residential floor area (GRFA) in the proposed townhouse zone district. The subject of GRFA was again discussed at the Commission's July 12, 2010, public hearing. Based upon comments from the Commission from those hearings, the applicant is proceeding with their request to allow 150 square feet of GRFA for each 100 square feet of total site area (1.5 GRFA ratio). In the High Density Multiple Family District, the allowable GRFA is based upon the "buildable area" rather than total lot area. As discussed above, minor differences exist between the site area and buildable area of the Vail Row Houses, Texas Townhomes, Vail Trails East, and the Vail Trails Chalets due to the presence of the 100 -year floodplain on limited portions of those properties. At its July 12, 2010, public hearing the Planning and Environmental Commission recommended using total site area for the GRFA calculations to simplify the development review process. As discussed in the upcoming parking and loading standards analysis, the Planning and Environmental Commission does not support the construction of first floor garages at the existing townhouse developments, and at its July 12, 2010, recommended that the applicant eliminate the GRFA exemptions for garages. The applicant is proposing to exclude units in the townhouse zone district from utilizing the "250 Ordinance" or the "Interior Conversion" additional GRFA provisions of the Vail Town Code. Staff believes this policy will simplify the development review process and eliminate the lost development rights associated with the demo /rebuild of an existing townhouse unit that has previously constructed additions utilizing the 250 Ordinance or Interior Conversion provisions. Staff believes this policy of excluding townhouse units from utilizing the 250 Ordinance and the Interior Conversion provision, and instead adjusting the allowable GRFA formulas to prevent a loss of development rights, creates equity among property owners in the same zone district. The proposed 1.5 GRFA ratio is not simply a doubling of allowable GRFA from the current 0.76 High Density Multiple Family District GRFA ratio due to excluding units in the proposed townhouse district from utilizing the 250 Ordinance and Interior Conversion. However, the proposed 1.5 ratio more then compensates the majority of the existing Vail Village townhouse properties for the loss of 250 Ordinance and Interior Conversion floor area opportunities (refer to Table A in Attachment C). In 2004, the Town of Vail amended the GRFA requirements in the residential zone districts and eliminated eligibility to utilize the 250 Ordinance and Interior Conversion in the Hillside, Single Family, Two - Family, and Two - Family Primary /Secondary Residential Districts. The allowable GRFA formulas in these districts were adjusted to compensate for these exclusions. In 2004, the newly adopted "basement deduction" compensated for the loss of crawlspace Interior Conversion opportunities and the GRFA formulas were increase by 15% to compensate for the loss of attic Interior Conversion opportunities. The GRFA formulas were also adjusted for the loss of 250 Ordinance opportunities based upon conforming density. The first reading ordinance amending GRFA in 2004 eliminated eligibility to utilize the 250 Ordinance and Interior Conversion provisions in the multiple family districts. The High Density Multiple Family District was proposed to be modified to a GRFA ratio of 1.0 to compensate for these exclusions. The second, and final, reading ordinance preserved the 250 Ordinance and Interior Conversion opportunities, the Town Council adopted the existing 0.76 GRFA ratio in the High Density Multiple Family District. An unintended consequence of the 2004 GRFA amendments was the reset of eligibility for utilizing the 250 Ordinance in multiple family districts. 250 Ordinance additions constructed prior to 2004 were considered part of the new allowable GRFA, and if properties did not have enough new allowable GRFA to absorb a previous 250 Ordinance addition that addition was "grandfathered" as a legal non - conformity. The effect of the 2004 GRFA amendments is that some properties will be allowed to construct two 250 Ordinance additions (one before and one after 2004). Table D in Attachment C shows the effect of dwelling units being allowed to construct two 250 Ordinance additions. While the applicant is proposing to establish a new townhouse zone district to simplify the development review process, the applicant also intends the proposed n . new zone district to create incentives for redevelopment of existing townhouse properties in the Vail Village. Staff supports modifying the GRFA ratios in the proposed townhouse district to compensate for the elimination of 250 Ordinance and Interior Conversion additions, but recommends the same 1.0 ratio recommended by Staff and the Planning and Environmental Commission in 2004. Staff recommends the proposed GRFA standards be revised as follows: Not more than one hundred and fifteen f;f,� ='� (115) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of total site area. €�st+ng Attached or row dwellings in this zone district shall not be entitled to additional gross residential floor area under section 12 -15 -5: Additional Gross Residential Floor Area (250 Ordinance), or section 12- 15-4: Interior Conversions of this title. There shall be no exclusion to gross residential floor area granted for enclosed garage space within individual dwelling units as referenced in Chapter 15 Gross Residential Floor Area. • 12- 6J -10: SITE COVERAGE: Site coverage shall not exceed fifty five (55 %) of the total site area. Staff Analysis: The applicant is proposing to maintain the existing High Density Multiple Family District site coverage limit of 55% of the total site area. Staff supports the applicant's continuation of the existing site coverage standards. • 12- 6J -11: LANDSCAPING AND SITE DEVELOPMENT.. At least twenty percent (20 %) of the total site area shall be landscaped. Staff Analysis: The applicant is proposing that a minimum of 20% of the total site area be landscaped in the new townhouse district. This proposal is less restrictive than the 30% landscaping standard of the High Density Multiple Family District. The applicant is proposing 20% landscaping based upon the existing conditions at the Vail Row Houses, Texas Townhomes, Vail Trails East, and the Vail Trails Chalets townhouse developments. Staff believes the proposed 20% landscaping standard maintains the existing character of the townhouse developments in Vail Village. 12- 6J -12: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. Required parking currently located in the front setback area and /or within the right - of -way may continue, provided that the public safety is maintained and subject to a revocable right -of -way permit issued by the Town. Staff Analysis: Similar to most other zone districts in the Town of Vail, the proposed parking requirements for the townhouse district are in accordance with Chapter 12 -10, Off Street Parking and Loading, Vail Town Code. Staff fully supports this approach in regulating parking in the new zone district. The applicant's proposed parking and loading standards deviate from the High Density Multiple Family District by not including a requirement prohibiting parking in the front setback and not requiring that at least 75% of the parking be located within a building. I Contrary to the recommendations of the Vail Village Master Plan, the proposed townhouse district also does not require parking to be enclosed as part of a redevelopment project. Instead, the proposed townhouse district allows existing surface parking located within the front setback and the street right -of -way to continue. At its July 12, 2010, public hearing, the Planning and Environmental Commission recognized that individual unit remodels are more likely to occur in the future than the comprehensive demolition and re -build of an entire townhouse development. The Commission determined that continuing the existing surface parking scenarios at the Vail Row Houses, Texas Townhomes, Vail Trails East, and the Vail Trails Chalets townhouse developments, while not ideal, are preferred to the construction of individual first floor garages. The Commission recognized that individual below grade garages may not be feasible due to site constraints such as lot width, grade, the distance between building and the street, etc. The Commission recognized that the construction of individual garages would like occur on the first floor. The Commission expressed concerns that first floor garages would eliminate any existing landscaping between the townhouse buildings and the street, would create an urban building character inconsistent with the desired pedestrian character of Vail Village, and would displace existing first floor gross residential floor area (GRFA) to upper stories thus increasing building height, bulk, and mass. Based upon the Planning and Environmental Commission recommendation to allow parking in the front setback within the new townhouse district, Staff recommends the proposed text simply deletes the High Density Multiple Family District language prohibiting parking in the front setback. Staff recommends the proposed text be amended as follows: Off street parking and loading shall be provided in accordance with chapter 10 of this title. Required parking currently located , .p the { "4QCt"�arQ--Q within the street right -of -way may continue, m- 14:;iQ9d anal subject to a revocable right -of -way permit issued by the Town of Vail. • Related "House Keeping" Town Code Amendments: The applicant's proposal does not include the related text amendments necessary to establish a new zone district in the Vail Town Zoning Regulations. Staff will incorporate these "house keeping" amendments in the proposed ordinance presented to the Town Council for review. These amendments include the addition of the "Vail Village Townhouse (VVT) District" in the same manner as the High Density Multiple Family District to Title 12, Zoning Regulations, table of contents; Chapter 12 -4, Districts Established; Chapter 12 -13, Employee Housing; Chapter 15, Gross Residential Floor Area; Chapter 21, Hazard Regulations; Chapter 24, Inclusionary Zoning; etc. PROPOSED VAIL VILLAGE MASTER PLAN AMENDMENTS The following is a summary of the applicant's proposed Vail Village Master Plan amendments to address the proposed new Vail Village Townhouse (VVT) District. The applicant's proposed master plan additions are in underlined font and deletions are in 10 font, followed by a Staff analysis. Any Staff recommended modifications to the applicant's proposed text are in bold font and text recommended to be deleted is in ctr*et4r -G gh font. • EAST GORE CREEK SUB AREA ( #6) A number of the earliest projects developed in Vail are located in the East Gore Creek Sub -Area. Development in this area is exclusively multi - family condominium and townhouse projects with a very limited amount of support commercial. Surface parking is found at each site, which creates a very dominant visual impression of the sub -area. While the level of development in East Gore Creek is generally greater than that allowed under existing zoning, this area has the potential to absorb density without compromising the character of the Village. This development could be accommodated by partial infills of existing parking areas balanced by greenspace additions or through increasing the height of existing buildings (generally one story over existing heights). In order to maintain the architectural continuity of projects, additional density should be considered only in conjunction with the comprehensive redevelopment of condominium projects or redevelopment of individual townhouse units. There are several townhouse proiects within this subarea which were platted and /or constructed under Eagle County iurisdiction. These townhouse proiects are nonconforming with the many of development standards (including, but not limited to density. GRFA, setbacks, site coverage, landscape area) of the Town Zoning Regulations. It is recommended that greater flexibility with the standards may be necessary to allow these townhouse proiects to redevelop. This flexibility may be achieved through the approval of variances. However, the granting of variances should consider potential impacts to the character of the neighborhood. Clearly, one of the main objectives to consider in the redevelopment of any property should be to improve existing parking facilities. This includes satisfying parking demands for existing and additional development. , The opportunity to introduce below grade structured parking in front of Vail Trail Chalets, Vail Trails East. and Texas Townhomes will greatly improve pedestrianization and landscape features in this area. This should be considered a goal of any redevelopment proposal in this sub -area. In furtherance of this goal the Town should consider vacating the right -of -way that exists within the parking area for the Vail Trails complexes in order to encourage a comprehensive redevelopment of the parking to a below grade structure with a landscaped park -like treatment on the surface. Development or redevelopment of this sub -area may WW attract additional traffic and population into this area and may have significant impacts upon portions of Sub -Areas 7 and 10. Staff Analysis: Neither the Planning and Environmental Commission nor the Vail Town Council have recently discussed vacating the street right -of -way in front of the Vail Trails complex. Staff is not opposed to this concept, but believes this concept should be addressed as a separate policy discussion and not included in this proposed master plan amendment without additional analysis and public input. Staff recommends the following text be deleted until such time as a separate sub -area master planning process has been completed: 11 Texas Townhomes/Vail Trails Additional floor or residential development over what is existing. Additional density a floor area to be considered only in conjunction with redevelopment of each condominium project or redevelopment of individual properties in the case of a townhouse property. A key factor in the redevelopment of these properties will be to relocate required parking in underground structures or a single unified structure serving all adiacent properties under what is today a surface parking lot This will allow for increased landscaping and overall improvements to pedestrian ways to create a park- like setting on the surface in this area. The existing parking areas serving the Vail Trails East and Vail Trails Chalets are currently encumbered with a street right -of -way as they have since the 1960`s. The Town should consider vacating this right -of -way to allow for redevelopment of this parking areas and encourage the development of a subsurface parking facility serving these properties. In order to implement increased floor area, either the initial eave height along the south elevation of buildings should be at 35' in height or less or there shall be a horizontal step -back in building facades of 2' to 3' in the first 35' of building height. The intent of this is to maintain the existing character of the neighborhood, with the appearance of 2 -3 story buildings along the front elevation. In all cases, the mature pines along Gore Creek shall be maintained. Stream impact must be considered. Special emphasis on 1.2, 2.3, 2.6, 3.1, 5.1, 6.2. Staff Analysis: Staff believes the first statements of this recommendation are confusing and should be deleted as follows: Neither the Planning and Environmental Commission nor the Vail Town Council have recently discussed vacating the street right -of -way in front of the Vail Trails complex. Again, Staff is not opposed to this concept; but believes this concept should be addressed as a separate policy discussion and not included in this proposed master plan amendment without additional analysis and public input. Staff recommends the following text be deleted until such time as a separate sub -area master planning process has been completed: Staff recommends the initial eave height limits include a building step back, rather than allowing a step back in -lieu of a lower initial building eave. Staff recommends this proposed text be modified as follows: 12 In order to imn /ement increased floor area , either the initilgl e height along the i i ele�u n of hi ii dr qgc cho ilrl he __- in � height T ShQ11 b i h�4_7-P_.P4 st _hank in bugling f aGae l es n f2tP- _2' i'q rtho_Q ' ct 25' of hUjjding heir The initial eave height along the street elevation of the building shall be 35 feet in height or less. There shall be a 2 to 3 foot step back in building fagade above 35 feet in building height. #6 -2 Manor Vail Possible residential infill on portions of existing surface parking area and additional floor to the two northern most buildings adjacent to Gore Creek. Infill project must include addition of greenspace adjacent to East Mill Creek and other adjoining pedestrian areas. Height of structure shall be limited to prevent impacts on view to the Gore Range from Village core and Vail Valley Drive. Present and future parking demand to be met on site. Traffic considerations must be addressed. Special emphasis on 1. 2, 2.3, 2.6, 3.1, 4. 1, 5.1, 6.1. Staff Analysis: The applicant is not proposing amendments to the master plan recommendations for Manor Vail. #6 -3 Vail Row Houses Additional density and floor area to be considered only in coniunction with individual redevelopment applications. It is recognized as not being practical to require subsurface parking in this area due to the limited site area, and the impact of individual units constructing garages could have on the appearance and character of the area. As a result, it is recommended that enclosed parking be considered on a case -by -case basis, and may be limited to single -car garages (with the depth to allow for tandem parking when possible). When possible, driveway widths shall be minimized and increased areas for landscaping should be considered. Surface parking should be improved when redevelopment occurs using high quality landscape paver treatments and the current "post and chain" parking delineation should be upgraded to other methods to identify private parking. In order to implement increased floor area, either the initial eave height along the south elevation of buildings should be at 35' in height or less or there shall be a horizontal step -back in the building facade of 2' to 3' in the first 35' of building height. The intent of this is to maintain the existing character of the neighborhood, with the appearance of 2 -3 story buildings along the front elevation. Improvement of the stream corridor consistent with Town policies should be considered with redevelopment applications. Special emphasis on 1.2. 2.3, 2.6, 3.1, 5.1, 6.2. Staff Analysis: Staff recommends the initial eave height limits include a building step back, rather than allowing a step back in -lieu of a lower initial building eave. Staff recommends this proposed text be modified as follows: In nn-ler to implement increased 'f/nnr area either the initiRi eave height aieng the v i of h� � 61ingc chni ilrl he _t ' _ in heightG ch i h��r�}n_t�r h the iilrling facade �T X i.P t he ct ?F' of hu i diR height. The initial eave height along the street elevation of the building shall be 35 feet in height or less. There shall be a 2 to 3 foot step back in building facade above 35 feet in building height. IV. APPLICABLE DOCUMENTS 13 ZONING REGULATIONS 12 -1 -2: PURPOSE: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. VAIL LAND USE PLAN Goal 1. General Growth /Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). Goal 4. Village Core /Lionshead 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 14 4.3 The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) Goal 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. VAIL VILLAGE MASTER PLAN CHAPTER V. GOALS, OBJECTIVES, AND ACTION STEPS GOAL #1: Encourage high quality, redevelopment while preserving unique architectural scale of the village in order to sustain its sense of community and identity. Objective 1.1 Implement a consistent development review process to reinforce the character of the Village. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Policy 1.2.1: Additional development may be allowed as identified by the Action Plan and as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. Objective 1.4: Recognize the "historic" importance of the architecture, structures, landmarks, plazas and features in preserving the character of Vail Village. Policy 1.4.2 The Town may grant flexibility in the interpretation and implementation of its regulations and design guidelines to help protect and maintain the existing character of Vail Village. GOAL #2: To foster a strong tourist industry and promote year- around economic health and viability for the village and for the community as a whole. Objective 2.1: Recognize the variety of land uses found in the 11 sub -areas throughout the Village and allow for development that is compatible with these established land use patterns. Policy 2.1.1: The zoning code and development review criteria shall be consistent with the overall goals and objectives of the Vail Village Master Plan. GOAL #3: To recognize as a top priority the enhancement of the walking experience throughout the village. 15 Policy 3.1.1: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. Objective 3.2: Minimize the amount of vehicular traffic in the Village to the greatest extent possible. GOAL #5: Increase and improve the capacity, efficiency, and aesthetics of the transportation and circulation systems throughout the village. Policy 5.1.5: Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. CHAPTER VII: Vail Village Sub -Areas East Gore Creek Sub -Area ( #6) A number of the earliest projects developed in Vail are located in the East Gore Creek Sub -Area. Development in this area is exclusively multi- family condominium projects with a very limited amount of support commercial. Surface parking is found at each site, which creates a very dominant visual impression of the sub -area. While the level of development in East Gore Creek is generally greater than that allowed under existing zoning, this area has the potential to absorb density without compromising the character of the Village. This development could be accommodated by partial infill of existing parking areas balanced by green space additions or through increasing the height of existing buildings (generally one story over existing heights). In order to maintain the architectural continuity of projects, additional density should be considered only in conjunction with the comprehensive redevelopment of projects. Clearly, one of the main objectives to consider in the redevelopment of any property should be to improve existing parking facilities. This includes satisfying parking demands for existing and additional development, as well as design considerations relative to redevelopment proposals. The opportunity to introduce below grade structured parking will greatly improve pedestrianization and landscape features in this area. This should be considered a goal of any redevelopment proposal in this sub -area. Development or redevelopment of this sub -area will attract additional traffic and 16 population into this area and may have significant impacts upon portions of Sub -Areas 7 and 10. V. PRESCRIBED REGULATION AMENDMENT AND MASTER PLAN AMENDMENT REVIEW CRITERIA Before acting on an application for an amendment to the Zoning Regulations or the Vail Village Master Plan, the Planning and Environmental Commission shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Staff believes the proposed Zoning Regulations amendments and Vail Village Master Plan amendments, with Staff's proposed modifications, further the goals general and specific purposes of the zoning regulations by establishing zoning standards and development recommendations specifically designed to address the redevelopment of the existing townhouse properties in Vail Village. Based upon Staffs analysis and recommended modifications outlined in Section III of this memorandum, Staff believes the proposed amendments further the purposes of the zoning regulations. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The Town of Vail has granted multiple variances to facilitate the remodeling of several individual townhouse units in Vail Village which has resulted in the inconsistent application of zoning standards to existing townhouse properties. Rather than perpetuate the current system of requiring variances for most townhouse unit remodels, the proposed new zone district, and associated master plan amendments, are designed to regulate the existing townhouse developments in Vail Village. The proposed amendments will minimize the need for future variances and will simplify the development review process. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The existing townhouse developments in Vail Village such as the Vail Row Houses, Texas Townhomes, Vail Trails East, and Vail Trails Chalets are zoned High Density Multiple Family (HDMF) District. These existing townhouse developments are legally non - conforming in regard to several development standards of the HDMF District including setbacks, parking, density, etc. The standards of the HDMF District were intended to be applied to condominium developments and were not designed to be applied to townhouse developments consisting of individually platted lots. The Town of Vail has granted multiple variances to facilitate the remodeling of several non- conforming townhouse properties which has resulted in the inconsistent application of zoning standards to existing townhouse properties. 17 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Based upon Staff's analysis and recommended modifications outlined in Section III of this memorandum, Staff believes the propose zoning regulation and master plan amendments are consistent with the Zoning Regulations purposes, Land Use Plan goals, and Vail Village Master Plan goals, objectives, and policies outlined in Section IV of this memorandum. 5. Such other factors and criteria the planning and environmental commission and /or council deem applicable to the proposed text amendment. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval with modification Vail Town Council on prescribed regulation amendments to Chapter 12 -6, Residential Districts, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (VVT) District, and setting forth details in regard thereto Should the Planning and Environmental Commission choose to forward a recommendation of approval with modifications of this request; Community Development Department recommends the Commission pass the following motion: Based upon a review of Section V of the Staff's August 9, 2010, memorandum to the Planning and Environmental Commission and the evidence and testimony presented, the Planning and Environmental Commission forwards a recommendation of approval with modifications to the Vail Town Council on prescribed regulation amendments to Chapter 12 -6, Residential Districts, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (VVT) District, and setting forth details in regard thereto; and a request for a recommendation to the Vail Town Council on proposed amendments to Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section V of Staffs August 9, 2010, memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 18 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. VI. ATTACHMENTS A. Applicant's Town Code Amendment Request B. Applicant's Vail Village Master Plan Amendment Request C. Staff GRFA Analysis 19 Text Amendment to the Town of Vail Zoning Regulations, Creating a New "Vail Village Townhouse" District Planning and Environmental Commission Submitted March 15, 2010 Revised April 15, 2010 Revised Judy 6, 2010 Revised July 30, 2010 J � I ilcl Mauriello Planning Group !10 WEST LIONSHEAD CIRCLE NL SPA CON900IMIPUMS.U1111 A PAIL COLORADO 01657 I. Introduction to the Zoning Code Amendment The intent of this text amendment to the Town of Vail Zoning Regulations is to correct a long standing problematic application of High Density Multiple Family Zoning to townhouse projects within the Vail Village and correct an equity issue created by the "250 Ordinance." The proposal will create a new townhouse zoning that can be applied to townhouse properties in the Vail Village area, proposed as the "Vail Village Townhouse" District (VVI) and outlined in Section III of this submittal. There are several townhouse projects within the Vail Village area which were originally platted as townhouse parcels under Eagle County jurisdiction before there was zoning in Eagle County and before the Town was incorporated in 1966. Zoning was not adopted in the Town of Vail until 1969 (Ordinance No. 7, Series of 1969). These properties were then zoned High Density Multiple Family (HDMF). Under the 1969 zoning code, there was only a front setback requirement and no side setback requirements, there was no building height limitation and the GRFA limitation (then termed Floor Area Ratio — FAR) was 1.5 to 1, meaning that 150 sq. ft. of GRFA was allowed for each 100 sq. ft. of total land area instead of the 0.76 to 1 ratio that exists today. (a) Floor Area No minimum; (b) Lot Area: No minimum; (c) Setback: Front - 15 feet. (2) Floor Area Ratio: The floor area ratio shall not exceed 1. 50:1. (3) Off - street Parking Off - street parking shall be provided in accordance with requirements set forth in the Supplementary regulations. (4) Off - street Loading. Off - street loading shall be provided in accordance with the requirements set forth in the Supplementary regulations. Now, 46 years later, the zoning on these properties is more restrictive and does not appropriately recognize traditional townhouse development, which is described as a series of attached homes with zero lot lines between the units. Unlike a condominium development, town houses traditionally sit on fee simple parcels of land. Under current HDMF zoning, these types of lots are not in compliance with many of the HDMF zoning provisions. In order to address both the fee - simple lot format and the condominium format of town houses found in Vail Village, the proposed district will accommodate both ownership formats. As a result, the applicant is proposing a new zone district, referred to as "Vail Village Townhouse" District (VVT). The VVT zone district will allow for redevelopment of individual units within a townhouse or row house configuration, without the need for numerous variances but with review by the Town of Vail to ensure compliance with the regulations. Vail Trails Examples of townhouse and row house development in Vail Village: Nev Zone District.• Vail Village Townhouse District 2 II. Proposed Text Amendment The purpose behind this proposal is to streamline the redevelopment process and avoid the need for multiple variances for even the smallest of development projects. In addition, it is intended to recognize and restore the historical development rights of townhouse projects while recognizing the importance of maintaining their existing character. Under the new district, "250s" would be eliminated by allowing the GRFA at a level that creates equal treatment of similar properties and allows individual town house units to demolished without the penalties inherent with the application of the 250 Ordinance. HDMF was used as the basis for the new zone district, with changes to allow for townhouse development. The following is the proposed new zone district, along with a description of why the modifications are necessary to facilitate townhouse redevelopment: ARTICLE J. VAIL VILLAGE TOWNHOUSE (VVT) DISTRICT 12 -6J -1: PURPOSE: The Vail Village Townhouse district is intended to provide sites and maintain the unique character of existing townhouse and row house development in the Vail Village Master Plan area of the Town of Vail. The Vail Village Townhouse district is intended to ensure adequate light, air, open space, and other amenities commensurate with attached or row dwellings, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. 12 -6J -2: PERMITTED USES: The following uses shall be permitted in the VVT district: Employee housing units, as further regulated by chapter 13 of this title. Multiple - family residential dwellings, including to townhouses or attached row dwellings. 12 -6J -3: CONDITIONAL USES: The following conditional uses shall be permitted in the VVT district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12 -14 -18 of this title. Communications antennas and appurtenant equipment. Home child daycare facilities, as further regulated by section 12 -14 -12 of this title. Private unstructured parking Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Timeshare units. Nev Zone District.• Vail Village Townhouse District 12 -6J -4: ACCESSORY USES: The following accessory uses shall be permitted in the VVT district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12 -14 -12 of this title. Private greenhouses, tool sheds, playhouses, attached garages or carports, swimming pools, or recreation facilities customarily incidental to permitted residential and lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12 -6J -5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10,000) square feet of site area for lots containing three or more dwelling units or for properties developed in a condominium format. For individually platted townhouse lots, the minimum lot or site area shall be two thousand (2,000) square feet of site area. Each site shall have a minimum frontage of nineteen feet (19'). 12 -6J -6: SETBACKS: The minimum setback shall be twenty feet (20� from the front, side, and rear property lines. In the case where existing structures provide less than twenty feet (20� of setback, there shall not be a reduction in setback unless allowed by variance pursuant to Chapter 17, Variances for buildings that are redeveloped. There shall be no setback from property lines which exist between attached dwelling units. 12 -6J -7: HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed forty five feet (45�. For a sloping roof, the height of buildings shall not exceed forty eight feet (48�. For units being substantially redeveloped, the initial eave height along a public street shall be as regulated by the Vail Village Master Plan. 12 -6J -8: DENSITY CONTROL: Total density shall not exceed twenty -five dwelling units per acre of total site area or as currently exists as of the date the subject property was rezoned to this district. A dwelling unit in a multiple - family or townhouse building may include one attached accommodation unit no larger than one -third (1/3) of the total floor area of the dwelling. 12 -6J -9: GROSS RESIDENTIAL FLOOR AREA: Not more than one hundred fifty (150) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of total site area. Existing attached or row dwellings in this zone district shall not be entitled to additional gross residential floor area under section 12 -15 -5: Additional Gross Residential Floor Area (250 Ordinance), or section 12 -15 -4: Interior Conversions of this title. There shall be no exclusion to gross residential floor area granted for enclosed garage space within individual dwelling units as referenced in Chapter 15 Gross Residential Floor Area. 12- 6J -10: SITE COVERAGE: Site coverage shall not exceed fifty five (55 %) of the total site area. 12- 6J -11: LANDSCAPING AND SITE DEVELOPMENT: Nex Zone District.• Vail Village Townhouse District 4 At least twenty percent (20 1 /o) of the total site area shall be landscaped. 12- 6J -12: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. Required parking currently located in the front setback area and /or within the right -of -way may continue, provided that the public safety is maintained and subject to a revokable right -of -way permit issued by the Town. III. Review Criteria for a Text Amendment The Town of Vail Zoning Regulations provide the criteria for review of a text amendment. For the purposes of this application, each criterion will be addressed below. 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Our Anal The Town of Vail Zoning Regulations, in Section 12 -1 -2: Purpose, describes the general purpose of the regulations as follows: 12 -1 -2: PURPOSE: A. general. There regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. Section 12 -1 -2 also provides the specific purposes of the regulations as follows: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and fcient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading fa cilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. S. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. The proposed text amendment also furthers the purpose statements of the Vail Zoning Regulations. Each of the purpose statements is clearly enhanced by the proposed amendment. New Zone District.• Vail Village Townhouse District 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Our Analysis: The goals contained in several of the Town's comprehensive, guiding documents are applicable during the review process for the text amendment. The applicable plan sections below are identified as relevant to the review of this proposal. Vail Land Use Plan (in part) 1.0 General Growthl Development 1.1 Vail should continue to groan in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded wheneverpossible. 1.12 Vail should accommodate most of the additionalgrowth in existing developed areas (a'nfill areas. 4.0 Village Core l Lionshead 4.2 Increased density in the Core areas ' acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, a pine character, small town feeling mountains, natural setting intimate side, cosmopolitan feeling, environmental quality. 5.0 Residential 5.1 Additional residentialgrowth should continue to occurprimarily in existing, platted areas and as appropriate in new areas where high ha .Zards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residentialgrowth should keep pace with the marketplace demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded Additional employee housing needs should be accommodated at varied sites throughout the community. Vail Village Master Plan (in part) The Vail Row Houses is located within the "Vail Village Master Plan" land use category. The following stated goals of the Vail Village Master Plan are applicable to this application: Goal # 1: Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Objective 1.3: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the Town. Policy 1.3.1: Public improvements shall be developed with the working participation of the private sector working with the Town. Goal #3: To recognise as a top priority the enhancement of the walking experience throughout the Village New Zone District.• Vail Village Townhouse District EAST GORE CREEK SUBAREA ( #6) TAL : @r t EAST ----7 CREEK 4 s . A number of the earliest projects developed in Vail are located in the East Gore Creek Sub Area. Development in this area is exclusively multi family condominium pr jects with a very limited amount of support commercial. Surface parking is found at each site, which creates a very dominant visual it*ression of the sub -area. While the level of development in East Gore Creek i's generally greater than that allowed under existing honing, this area has the potential to absorb density without compromising the character of the Village. This development could be accommodated by partial infzll of existing parking areas balanced by greens ace additions or through increasing the height of existing buildings (generally one story over existing heights). In order to maintain the architectural continuity of projects, additional density should be considered only in conjunction with the comprehensive redevelopment of projects Clearly, one of the main objectives to consider in the redevelopment of any property should be to improve existing parking facilities. This includes satisfying parking demands far existing and additional development, as well as design considerations relative to redevelopment proposals. The opportunity to introduce below grade structured parking will greatly improve pedestrianisation and landscape features in this area. This should be considered a goal of any redevelopment proposal in this sub -area. Development or redevelopment of this sub -area will attract additional traffic and population into this area and may have significant impacts upon portions of Sub Areas 7 and 10. " 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Our Anal` sis: In 1969, when the Town of Vail zoned many of these townhouse and row house projects HDMF, they generally complied with zoning. There was no minimum lot size, there was only a front setback of 15 ft. and the floor area ratio was 1.5:1. (see below) New Zone District.• Vail Village Townhouse District 7 (a) Floor Area No minimum; (b) Lot Area: No minimum; (c) Setback: Front - 15 feet. (2) Floor Area Ratio: The floor area ratio shall not exceed 1. 50:1. (3) Off - street Parking Off - street parking shall. be provided in accordance with requirements set forth in the Supplementary regulations. (4) Off - street Loading. Off - street loading shall be provided in accordance with the requirements set forth in the Supplementary regulations. However, since that time, amendment to the HDMF zone district have rendered these properties nonconforming with regards to almost every development standard of the district, including but not limited to: • Density • Lot Size • Street Frontage • Setbacks • Landscape Area • Parking • Parking Location (front setback and right -of -way) These amendments have made redevelopment of individual units reliant on the variance process, rather than providing a clear road map for redevelopment. As a result, HDMF is no longer appropriate for these properties. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Our Analysis: The new WT zone district maintains the uses that are permitted, conditional, and accessory uses within the HDMF zone district. Many uses have been eliminated from this zone district that are not applicable, but none have been added, ensuring that this text amendment is a harmonious, convenient, and workable relationship among land use regulations. The new zone district will eliminate the inequities created by the the HDMF district as applicable to townhouse development and the inequities created by the 250 Ordinance. 5. Such other factors and criteria the planning and environmental commission and /or council deem applicable to the proposed text amendment. Our Anal Not applicable. Nev Zone District.• Vail Village Townhouse District 8 Vail Village Master Plan Proposed Amendments (Text to be stricken is indicated with stri + "4c- chroug -h , text to be added is underlined and bold). EAST GORE CREEK SUB AREA ( #6) ...... � r u l� A number of the earliest projects developed in Vail are located in the East Gore Creek Sub -Area. Development in this area is exclusively multi - family condominium and townhouse projects with a very limited amount of support commercial. Surface parking is found at each site, which creates a very dominant visual impression of the sub -area. While the level of development in East Gore Creek is generally greater than that allowed under existing zoning, this area has the potential to absorb density without compromising the character of the Village. This development could be accommodated by partial infills of existing parking areas balanced by greenspace additions or through increasing the height of existing buildings (generally one story over existing heights). In order to maintain the architectural continuity of projects, additional density should be considered only in conjunction with the comprehensive redevelopment of condominium projects or redevelopment of individual townhouse units There are several townhouse projects within this subarea which were platted and /or constructed under Eagle County jurisdiction. These townhouse projects are nonconforming with the many of development standards (including, but not limited to density, GRFA, setbacks, site coverage, landscape area) of the Town Zoning Regulations. It is recommended that greater flexibility with the standards may be necessary to allow these townhouse projects to redevelop. This flexibility may be achieved through the approval of variances. However, the granting of variances should consider potential impacts to the character of the neighborhood. R©AD. Clearly, one of the main objectives to consider in the redevelopment of any property should be to improve existing parking facilities. This includes satisfying parking demands for existing and additional development_ as we as de s' gR ^^RSiderati„n� relative to redevelopmeRt proposals. The opportunity to introduce below grade structured parking in front of Vail Trail Chalets, Vail Trails East, and Texas Townhomes will greatly improve pedestrian ization and landscape features in this area. This should be considered a goal of any redevelopment proposal in this sub -area. In furtherance of this goal the Town should consider vacating the right -of -way that exists within the parking area for the Vail Trails complexes in order to encourage a comprensive redevelopment of the parking to a below grade structure with a landscaped park -like treatment on the surface. Development or redevelopment of this sub -area may " attract additional traffic and population into this area and may have S impacts upon portions of Sub -Areas 7 and 10. #6 -1 Res d e nim inf i' Texas TownhomesNail Trails Additional floor or residential development over what is existing. Additional density and floor area to be considered only in conjunction with n eheR ^ redevelopment of each condominium project or redevelopment of individual properties in the case of a townhouse property A key factor in the redevelopment of these properties will be to relocate required parking in underground structures or a single unified structure serving all adjacent properties under what is today a surface parking lot This will allow for increased landscaping and overall improvements to pedestrian ways to f create a park -like setting on the surface in this area. The existing parking areas serving the Vail Trails East and Vail Trails Chalets are currently encumbered with a street right -of -way as they have since the 1960`s. The Town should consider vacating this right -of -way to allow for redevelopment of this parking areas and encourage the development of a subsurface parking facility serving these properties. In order to implement increased floor area, either the initial eave height along the south elevation of buildings should be at 35' in height or less or there shall be a horizontal step -back in building facades of 2' to 3' in the first 35' of building height. The intent of this is to maintain the existing character of the neighborhood, with the appearance of 2 -3 story buildings along the front elevation. In all cases, the mature pines along Gore Creek shall be maintained. Stream impact must be considered. Special emphasis on 1.2, 2.3, 2.6, 3.1, 5.1, 6.2. IMS OURTS 21 #6 -2 Manor Vail Possible residential infill on portions of existing surface parking area and additional floor to the two northern most buildings adjacent to Gore Creek. Infill project must include addition of greenspace adjacent to ilANgq East Mill Creek and other adjoining v pedestrian areas. Height of structure shall be limited to prevent impacts on view to the Gore Range from Village core and Vail Valley Drive. Present and future parking demand to be met on site. Traffic considerations must be addressed. Special emphasis on 1.2, ,/. 2.3, 2.6, 3.1, 4.1, 5.1, 6. 1. 4 e GORE RANGE VIEW FROM VAIL VALLEY DRIVE OVER #6 -3 Vail Row Houses 7-3 R r.r p _ 63 n " . ; r EASE -' • vILLACE 7- s usw � iu Additional densitv and floor area to be considered only in conjunction with individual redevelopment applications. It is recognized as not being practical to require subsurface parking in this area due to the limited site area, and the impact of individual units constructing garages could have on the appearance and character of the area. As a result, it is recommended that enclosed parking be considered on a case -bv -case basis. and may be limited to sinale -car aaraaes (with the depth to allow for tandem parking when possible). When possible, driveway widths shall be minimized and increased areas for landscaping should be considered. Surface parking should be improved when redevelopment occurs using high quality landscape paver treatments and the current "post and chain" parking delineation should be upgraded to other methods to identify private parking. In order to implement increased floor area, either the initial eave height along the south elevation of buildings should be at 35' in height or less or there shall be a horizontal step -back in the building facade of 2' to 3' in the first 35' of building height. The intent of this is to maintain the existing character of the neighborhood, with the appearance of 2 -3 story buildings along the front elevation. Improvement of the stream corridor consistent with Town policies should be considered with redevelopment aaalications. 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(PEC100036) Applicant: Sarah J. Kumagai Revocable Trust, represented by Bryan D. Johnson Planner: Bill Gibson SUMMARY The applicant, Sarah J. Kumagai Revocable Trust, represented by Bryan D. Johnson, is requesting the review of a final plat to allow for the amendment of the platted building envelope for 1575 Aspen Ridge Road. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Staff recommends the Planning and Environmental Commission denies this request subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, Sarah J. Kumagai Revocable Trust, represented by Bryan D. Johnson, is requesting the review of a final plat to allow for the amendment of the platted building envelope for 1575 Aspen Ridge Road. The 1979 Lion's Ridge Filing 3 plat includes building envelopes for all six lots along Aspen Ridge Road, including the subject property Lot 4. The existing single - family structure on the subject property was constructed in 1992 within the boundaries of the existing platted building envelope. There is no historical documentation in the Town's files clearly indicating why the subject building envelope was established in its current configuration. Upon visiting the site, it appears that the platted building envelopes for all six lots along Aspen Ridge Road were configured to prevent construction on the south facing hillside portion of these lots. The south facing hillside along the Aspen Ridge Road properties is highly visible from the valley floor and consists of steep slopes and rock fall geologic hazards. The south facing parcel directly downhill of Aspen Ridge Road lots is a Town of Vail owned open space parcel zoned Natural Area Preservation District. The existing 35,350 sq. ft. lot is zoned Two - Family Primary /Secondary District. One single - family residence currently exists on the subject property within the platted building envelope. The applicant is proposing to amend the existing building envelope to facilitate the construction of a new patio, including a hot tub and gas fire pit, to the south of the existing residence. To limit the impact of the proposed building envelope amendment, the applicant is proposing to limit the height of any constructed improvements in this new building envelope area to an elevation of 8517 above sea level. This is three feet above the upper floor elevation of the adjacent existing house. At this time, the applicant is not proposing to limit the allowable construction in the new building envelope area to only patios or similar improvements. A vicinity map (Attachment A), the proposed final plat (Attachment B), July 27, 1992 letter addressing building envelopes (Attachment C), the historic topographic survey (Attachment D), the historic site plan (Attachment E), and the historic improvement location survey (Attachment F) have been attached for reference. III. BACKGROUND The subject property was annexed into the Town of Vail on August 15, 1979, and two weeks later platted as part of the Lion's Ridge Filing 3 Subdivision on August 29, 1979. The Lion's Ridge Filing 3 plat included platted building envelopes for all six lots along Aspen Ridge Road. The existing single - family structure on the subject property was constructed in 1992 within the boundaries of the existing platted building envelope. In July 2010, the applicant submitted a design review application for patio improvement to the south of the existing house. The applicant obtained design review approval for only those elements located within the existing platted building envelopes. IV. APPLICABLE PLANNING DOCUMENTS Title 12, Zoning Regulations, Vail Town Code (in part) ARTICLE 12 -6E: RESIDENTIAL CLUSTER (RC) DISTRICT Section 12 -6E -1: Purpose: The residential cluster district is intended to provide sites for single - family, two - family, and multiple - family dwellings at a density not exceeding six (6) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The residential cluster district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with residential occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. Title 13, Subdivision Regulations, Vail Town Code (in part) CHAPTER 13 -1: GENERAL PROVISIONS (in part) Section 13 -1 -2: Purpose A. Statutory Authority: The subdivision regulations contained in this title have been prepared and enacted in accordance with Colorado Revised Statutes title 31, article 23, for the purpose of promoting the health, safety and welfare of the present and future inhabitants of the town. B. Goals: To these ends, these regulations are intended to protect the environment, to ensure efficient circulation, adequate improvements, sufficient open space and in general, to assist the orderly, efficient and integrated development of the town. These 2 regulations also provide for the proper arrangement of streets and ensure proper distribution of population. The regulations also coordinate the need for public services with governmental improvement programs. Standards for design and construction of improvements are hereby set forth to ensure adequate and convenient traffic circulation, utilities, emergency access, drainage, recreation and light and air. Also intended is the improvement of land records and surveys, plans and plats and to safeguard the interests of the public and subdivider and provide consumer protection for the purchaser; and to regulate other matters as the town planning and environmental commission and town council may deem necessary in order to protect the best interests of the public. C. Specific Purposes: These regulations are further intended to serve the following specific purposes: 1. To inform each subdivider of the standards and criteria by which development proposals will be evaluated, and to provide information as to the type and extent of improvements required. 2. To provide for the subdivision of property in the future without conflict with development on adjacent land. 3. To protect and conserve the value of land throughout the municipality and the value of buildings and improvements on the land. 4. To ensure that subdivision of property is in compliance with the town's zoning ordinances, to achieve a harmonious, convenient, workable relationship among land uses, consistent with town development objectives. 5. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serve the proposed subdivision. 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures. 7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard the water table and to encourage the wise use and management of natural resources throughout the town in order to preserve the integrity, stability and beauty of the community and the value of the land. Town of Vail Land Use Plan (in part) CHAPTER II — LAND USE PLAN GOALS / POLICIES (in part) 1. General Growth /Development (in part) 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.6 Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 3 1. 12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). IV VI. 1lfl 5. Residential (in part) 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. CHAPTER VI — PROPOSED LAND USE (IN PART) 4. Proposed Land Use Categories (in part) MDR Medium Density Residential: The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional / public uses such as parks and open space, churches and fire stations. SURROUNDING LAND USES AND ZONING Current Land Uses Zoning North: Open Space Natural Area Preservation District South: Open Space Natural Area Preservation District East: Two - Family Residential Two - Family Primary /Secondary District West: Two - Family Residential Two - Family Primary /Secondary District ZONING ANALYSIS Address: Legal Description: Zoning: Land Use Plan Designation Current Land Use: Geological Hazards: Lot Size: Building Envelope Area REVIEW CRITERIA 1575 Aspen Ridge Road Lot 4, Block 4, Lion's Ridge Filing 3 Two - Family Primary /Secondary District Medium Density Residential Single Family Residence Rockfall Hazard (southern hillside) 35,350 sq.ft. / 0.8115 acres Existin Proposed Change 9,675 sq.ft. 10,625 sq.ft. +950 sq.ft. Before acting on a final plat application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the 0 Vail comprehensive plan and is compatible with the development objectives of the town; and Staff believes the proposed final plat is consistent with the following Vail Land Use Plan goals: 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. However, Staff does not believe the proposed final plat is consistent with the following Vail Land Use Plan goals: 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.6 Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor New projects should be carefully controlled and developed with sensitivity to the environment. 5.1 Additional residential growth should continue to occur primarily in existingplatted areas and as appropriate in new areas where high hazards do not exist Additionally, Staff does not believe the proposed final plat is consistent with the purpose of the Town's Subdivision Regulations goals to: "...these regulations are intended to protect the environment..." "...to ensure efficient circulation, adequate improvements, sufficient open space..." "...in general, to assist the orderly, efficient and integrated development of the town..." "...These regulations also provide for the proper arrangement of streets and ensure proper distribution of population..." "...Standards for design and construction of improvements are hereby set forth to ensure adequate and convenient traffic circulation, utilities, emergency access, drainage, recreation and light and air..." Therefore, Staff does not believe the propose final plat is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan, nor is it compatible with the development objectives of the town. 5 2. The extent to which the proposed subdivision complies with all of the standards of Title 13, Subdivision Regulations, Vail Town Code, as well as, but not limited to, Title 12, Zoning Regulations, Vail Town Code, and other pertinent regulations that the planning and environmental commission deems applicable; and Staff believes the proposed final plat complies with the applicable requirements of the Town's Subdivision Regulations and Zoning Regulations, and is therefore consistent with this criterion. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The applicant's proposal to limit the allowable height of improvements constructed within the proposed building envelope area is intended to reduce the impact of the proposed final plat. However, Staff does not believe the proposed final plat will create a building envelope that is consistent and harmonious with the building envelope restrictions applied to the other residential properties along Aspen Ridge Road. 4. The extent of the effects on the future development of the surrounding area; and The proposed plat will allow development on the south facing hillside which is highly visible from the valley floor, so Staff believes the proposed final plat will have affect on the future development of the surrounding area in comparison to existing conditions. 5. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and Staff does not believe the proposed final plat will have significant negative affects on the delivery of services or the community's special patterns in comparison to existing conditions. 6. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines; and Utility services exist for the subject property. Staff does not believe the proposed final plat will have significant negative affects on utilities in comparison to existing conditions. 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and Staff does not believe the proposed final plat is consistent with the recommendation of the Vail Comprehensive Plan or the intent of the building envelopes applied to this property in 1979 as detailed in criterion 1 above. Therefore, Staff believes the proposed final plat provides for growth in an orderly manner. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air A quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and The proposed final plat will allow construction on an existing, protected hillside and result in the removal of some natural vegetation. Staff believes the proposed final plat will adversely impact the existing natural features of this property in comparison to existing conditions. 9. Such other factors and criteria as the commission and /or council deem applicable to the proposed subdivision. VIII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission denies this request for the review of a final plat, pursuant to Chapter 13 -12, Exemption Plat Review Procedures, Vail Town Code, to allow for the amendment of the platted building envelope for 1575 Aspen Ridge Road / Lot 4, Block 4, Lions Ridge Subdivision Filing 3, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria described in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to deny this final plat request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission denies this request for a final plat, pursuant to Chapter 13 -12, Exemption Plat Review Procedures, Vail Town Code, to allow for the amendment of the platted building envelope for 1575 Aspen Ridge Road / Lot 4, Block 4, Lions Ridge Subdivision Filing 3, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to deny this final plat request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section Vll of the Staff memorandum to the Planning and Environmental Commission dated August 9, 2010, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The subdivision is in compliance with the criteria listed in Subsection 13- 3 -4 -A, Vail Town Code. 2. The subdivision is not consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town. 3. The subdivision is not compatible with and suitable to adjacent uses and appropriate for the surrounding areas. 4. The subdivision promotes the health, safety, morals, and general welfare of the town, but does not promote the coordinated and harmonious development 7 of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." IX. ATTACHMENTS A. Vicinity Map B. Proposed Final Plat C. July 27, 1992 Letter Addressing Building Envelopes D. Historic Topographic Survey E. Historic Site Plan F. Historic Improvement Location Survey A Attachment A o� R t a � s 3x U} !l1 v � s cn o S71 7C' W � y a r o �a c� v a m I-z - NI Sz LL- _HHH —i C L a I LL- Sr C) C) HNHH Ka MH n t -1 W ( S) O O �� <� h ` .� O \ �S 201.33' So6 C4 'c o Qts -��- l I z: w �� - Pm/ IL 10 J - I 167" ,�� I ^� _ -/ � ,� � � b o lPW � c£ O � I �u � $fio R W TOWN OF VAILV 75 South Frontage Road Department of Community Development Vail, Colorado 81657 303 - 479 - 21381479 -2139 July 27, 1992 Mr. Henry Pratt Arnold, Gwathmey, Pratt Architects 1000 S. Frontage Road West Vail, CO 81658 RE: Definition of Building Envelope, Lot 4, Block 4, Lionsridge Filing No. 3, 1575 Aspen Ridge Road. Dear Henry, In response to your letter concerning building envelopes for Lionsridge Filing No. 3 subdivision, the staff considered your comments and believes that no portion of the structure should extend beyond the building envelope line indicated on the plat. We did double -check our position with our Town Attorney, Larry Eskwith. He also agreed that the staff interpretation is correct. Our position is that unless there is a specific reference in the subdivision covenants which states what of a building may extend beyond the building envelope, the Town must take the position that all of the structure must be built within the boundaries of the envelope. I know this is not the answer you wanted to hear. However, we did try to look at all angles of issue in order to be fair to you and other property owners within this subdivision. If you wish to discuss this issue further, please feel free to contact me at 479 -2138. Thank you for hearing us out on this issue. Mike will be happy to work with you on the adjustment of the building permit plans. Sincerely, Y` n Kristan Pritz Community Development Director cc: Mike Mollica Larry Eskwith �n r ash i V t- l Q 4 ��$� y � t _ rr l i l le i 1 i i t i i i SF 1 ' �n r ash i V t- l Q 4 ��$� y � t _ rr l l i �n t- Q 4 ��$� _ t _ rr l l i t, bN b5N 1, iiH s m �a 3 I q I/ I vo o ¢ a�� w 0 Ej- i� / v a / I �o r I I 1 / o J ` i� fl. Jut = 2 1991 LU Z O wil z C? Q Z KE Q Z LL Z CD O j v V o z z t- _ v]i°0O eJ O � w W N o ` J r cc - I I \ Ve I \ I \ ¢ I I \ t s � r• s 2 v w \ I s I 1P - \ I \ l \ y I TOWN OF 5 MEMBERS PRESENT Luke Cartin Michael Kurz Bill Pierce Henry Pratt Tyler Schneidman David Viele MEMBERS ABSENT Sarah Paladino Site Visits: 1. Franke Residence - 2712 Kinnikinnick Court 2. Stephens Park - 2470 South Frontage Road West 20 minutes A request for review of a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Sections 12 -6D -6, Setbacks, and 12 -6D -9, Site Coverage, Vail Town Code, to allow for an addition of a garage within the front setback, located at 2712 Kinnikinnick Court/Lot 10, Block 2, Vail Intermountain Subdivision, and setting forth details in regard thereto. (PEC100033) Applicant: Patricia Franke, represented by Mark Donaldson Planner: Rachel Friede ACTION: Approved with condition(s) MOTION: Viele SECOND: Kurz VOTE: 6 -0 -0 CONDITION(S): 1. This approval is contingent upon the Applicants obtaining Town of Vail approval of the associated design review application. Rachel Friede gave a presentation per the staff memorandum. The applicant's representative, Hans Oberlohr, did not have any additional information to add to the record. There was no public comment. Commissioner Pratt inquired as to the Town regulations regarding backing into the public street. Rachel Friede stated that there is no regulation prohibiting backing out onto public streets. 20 minutes 2. A request for review of a Floodplain Modification, pursuant to Chapter 14 -6, Grading Standards, Vail Town Code, to allow for grading within the Gore Creek 100 -year floodplain, to stabilize and re- vegetate a portion of the stream bank within Stephens Park, located at 2470 South Frontage Road West/unplatted (a complete location description is available at the Town of Vail Department of Community Development), and setting forth details in regard thereto. (PEC100034) Applicant: Town of Vail, represented by Kristen Bertuglia and Gregg Barrie Planner: Warren Campbell ACTION: Approved MOTION: Viele SECOND: Pratt VOTE: 6 -0 -0 PLANNING AND ENVIRONMENTAL COMMISSION July 26, 2010 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 Page 1 Warren Campbell gave a presentation per the staff memorandum. Gregg Barrie went through greater detail on the specifics of the materials and intent behind the design being proposed. Commissioner Pratt stated that the handicapped access is not adequate without access to the site itself. He suggested the Town do all it can to install the gravel path Gregg Barrie discussed which would run along the north side on the existing vegetation located on the south side of the park. Commissioner Cartin asked about revegetation of the site. Gregg Barrie responded that the revegetation will occur in suitable locations and be native materials and include no aspens. Commissioner Kurz asked when the project would occur. Gregg Barrie stated that the project will start just after Labor Day. There was no public comment. 5 minutes 3. Report to the Planning and Environmental Commission of an administrative action approving a request for a minor amendment to SDD No. 6, Village Inn Plaza, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for modifications to the approved development plans to reduce the side setback and increase common floor area to facilitate an entry vestibule at the rear entrance, located at 16 Vail Road (Vail Plaza Hotel)/ Parts of Lots O and M, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC100032) Applicant: Ferruco Vail Ventures, represented by the Mauriello Planning group, LLC Planner: Warren Campbell Warren Campbell gave a presentation on the administrative approval. The Commissioners had no comments. There was no public comment. 5 minutes 4. A request for final review of conditional use permits, pursuant to Section 12 -71 -5, Conditional Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow for the development of a public or private parking lot (parking structure); a vehicle maintenance, service, repair, storage, and fueling facility; a ski lift and tow (gondola), within "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West rig ht-of-way/U nplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080063) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to August 9, 2010 MOTION: Kurz SECOND: Viele VOTE: 6 -0 -0 5 minutes 5. A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning of properties from Arterial Business District and unzoned South Frontage Road West right -of -way Page 2 Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to August 9, 2010 MOTION: Kurz SECOND: Viele VOTE: 6 -0 -0 5 minutes 6. A request for a final review of a variance from 12- 71 -14, Site Coverage, Vail Town Code, pursuant to Chapter 12 -17, Variances, to allow for additional site coverage below grade, within "Ever Vail" (West Lionshead), located at 934 (BP Site), 953 (Vail Professional Building), 1031 (Cascade Crossing) S. Frontage Road / Unplatted; 862 (VR Maintenance Shop) and 923 (Holy Cross Lot) S. Frontage Road / Tracts A and B, S. Frontage Road Subdivision; 1000 (Glen Lyon Office Building) S. Frontage Road / Lot 54, Glen Lyon Subdivision (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC090035) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to August 9, 2010 MOTION: Kurz SECOND: Viele VOTE: 6 -0 -0 5 minutes 7. A request for a final recommendation to the Vail Town Council for a proposed major amendment to Special Development District No. 4, Cascade Village, pursuant to Article 12 -9A, Special Development District, Vail Town Code, to allow for the removal of the Glen Lyon Commercial Site, Development Area D, (Glen Lyon Office Building) from the District for incorporation into the properties known as "Ever Vail" (West Lionshead), located at 1000 S. Frontage Road West/Lot 54 Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC090036) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to August 9, 2010 MOTION: Kurz SECOND: Viele VOTE: 6 -0 -0 5 minutes 8. A request for a work session on a major exterior alteration, pursuant to Section 12 -71 -7, Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the area known as "Ever Vail" (West Lionshead), with multiple mixed -use structures including but not limited to, multiple - family dwelling units, fractional fee units, accommodation units, employee housing units, office, and commercial /retail uses, located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West rig ht-of-way/U nplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080064) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to August 9, 2010 MOTION: Kurz SECOND: Viele VOTE: 6 -0 -0 5 minutes 9. A request for an amendment to an Approved Development Plan, pursuant to Section 12- 61 -11, Development Plan Required, Housing Zone District, Vail Town Code, to allow for revisions to the required landscape plan and geologic hazard mitigation plan for the redevelopment of the easternmost 5.24 acres of the Timber Ridge Village Apartments; and a request for the review of a variance, from Section 14 -5 -1, Minimum Standards, Parking Lot and Parking Structure Design Standards for All Uses, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for a crossover drive aisle width of less than thirty -feet (30') within the required parking Page 3 Applicant: Vail Timber Ridge L.L.C. Planner: George Ruther ACTION: Tabled to August 9, 2010 MOTION: Kurz SECOND: Viele VOTE: 6 -0 -0 5 minutes 10. A request for a final recommendation to the Vail Town Council for the establishment of a new special development district, pursuant to Article 12 -9A, Special Development (SDD) District, Vail Town Code, located at 303 Gore Creek Drive, Units 7, 8, 9, 10, 12, 13 (Vail Rowhouses) /Lots 7, 8, 9, 10, 12, 13, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC090037) Applicant: Christopher Galvin, represented by Mauriello Planning Group, LLC Planner: Bill Gibson ACTION: Tabled to August 9, 2010 MOTION: Kurz SECOND: Viele VOTE: 5 -0 -1 (Pratt recused) 5 minutes 11. A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Chapter 12 -6, Residential Districts, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to establish a new zone district, Townhouse and Row House District (TRH) District, and setting forth details in regard thereto. (PEC100011) Applicant: Chris Galvin, represented by K.H. Webb Architects / Mauriello Planning Group Planner: Bill Gibson ACTION: Tabled to August 9, 2010 MOTION: Kurz SECOND: Viele VOTE: 5 -0 -1 (Pratt recused) 5 minutes 12. A request for a final recommendation to the Vail Town Council for prescribed regulations amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to provide regulations that will implement sustainable building and planning standards, and setting forth details in regard thereto. (PEC090028) Applicant: Town of Vail Planner: Rachel Friede ACTION: Tabled to August 9, 2010 MOTION: Kurz SECOND: Viele VOTE: 6 -0 -0 13. Approval of July 12, 2010 minutes MOTION: Kurz SECOND: Viele VOTE: 6 -0 -0 14. Information Update 15. Adjournment MOTION: Kurz SECOND: Viele VOTE: 6 -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. Page 4 Community Development Department Published July 23, 2010, in the Vail Daily. Page 5