HomeMy WebLinkAbout2011-0725 PECPLANNING AND ENVIRONMENTAL COMMISSION
July 25, 2011
1:OOpm
TOWN' Of Va ✓
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
SITE VISITS
1. Briar Patch — 1446 Buffehr Creek Road; 1386, 1388 and 1390 Briar Patch Lane; 1374 and 1378
Sandstone Drive
2. Vail Townhouse Condominiums, Vail Row Houses, Texas Townhomes, Vail Trails East and
West
20 minutes
1. A request for the review of a preliminary plan and a final plat, pursuant to Chapter 13 -3, Major
Subdivisions, Vail Town Code, to allow for amendments to the existing Parcels A through F and
Units 1 through 3 of the Residences at Briar Patch, and the creation of Parcels G and H of the
Residences at Briar Patch for the purposes of preserving open space and mitigating high
severity rockfall hazards, located at 1446 Buffehr Creek Road; 1386, 1388, and 1390 Briar Patch
Lane; 1374 and 1378 Sandstone Drive /Lots G2, G5, and G6, Lion's Ridge Subdivision Filing 2
(Residences at Briar Patch), and setting forth details in regard thereto. (PEC110034)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
20 minutes
2. A request for a recommendation to the Vail Town Council for amendments to the Town of Vail
Land Use Plan Map, pursuant to Chapter VIII, Implementation, Town of Vail Land Use Plan, to
allow for a land use category change from Medium Density Residential to Open Space; and a
request for a recommendation to the Vail Town Council for a zone district boundary amendment,
pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning from
Residential Cluster District to Natural Area Preservation District, located at 1448 Buffehr Creek
Road /Lot G, Residences at Briar Patch Subdivision, and setting forth details in regard thereto.
(PEC110042)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
45 minutes
3. 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. (PEC110040, PEC110041)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
Page 1
20 minutes
4. A request for a recommendation to the Vail Town Council for prescribed regulations
amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for corrections to
Section 12 -6F -3, Conditional Uses, Vail Town Code, to allow communications antennas and
appurtenant equipment as a conditional use in the Low Density Multiple Family Districts; and for
prescribed regulations amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code,
for corrections to Section 12 -6E -2, Permitted Uses; Section 12 -6F -2, Permitted Uses; Section
12 -6G -2, Permitted Uses; and Section 12 -13 -4, Requirements by Employee Housing Unit (EHU)
Type, Vail Town Code, to allow Type III Employee Housing Units (EHUs) as a permitted use in
the Residential Cluster (RC), Low Density Multiple Family (LDMF), and Medium Density Multiple
Family (MDMF) Districts, and setting forth details in regard thereto. (PEC110023)
Applicant: Town of Vail
Planner: Rachel Dimond
ACTION:
MOTION: SECOND: VOTE:
5 minutes
5. A request for a recommendation to the Vail Town Council on prescribed regulation amendments
to Chapter 12 -15, Gross Residential Floor Area, Vail Town Code, pursuant to Section 12 -3 -7,
Amendment, Vail Town Code, related to the calculation of gross residential floor area on the
lowest level of a structure that contains a garage in the Hillside Residential, Single - Family
Residential, Two - Family Residential, and Two - Family Primary /Secondary Residential Districts,
and setting forth details in regard thereto. (PEC110043)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Table to August 8, 2011
MOTION: SECOND: VOTE:
5 minutes
6. 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 Dimond
ACTION: Table to September 26, 2011
MOTION: SECOND: VOTE:
5 minutes
7. A request for a recommendation to the Vail Town Council for prescribed regulations
amendments, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code,
to Sections 11 -7 -15, Public Parking and Loading Signs for Private Property, Vail Town Code,
and 11 -7 -16, Informational and Directional Sign for Public Parking on Private Property, Vail Town
Code, and setting forth details in regard thereto. (PEC110021)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Table to August 22, 2011
MOTION: SECOND: VOTE:
Page 2
5 minutes
8. A request for a recommendation to the Vail Town Council on the Special Events Plans for the
2011 US Pro Cycling Challenge, to allow for temporary exemptions from Title 10, Building
Codes, Title 11, Sign Regulations, Title 12, Zoning Regulations and Title 14, Development
Standards, Vail Town Code, and setting forth details in regard thereto. (PEC110044)
Applicant: Town of Vail
Planner: Rachel Dimond
ACTION: Withdrawn
9. Approval of July 11, 2011 minutes
MOTION: SECOND: VOTE:
10. Information Update
11. 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 July 22, 2011, in the Vail Daily.
Page 3
r ..
T 0 W N 0 VA IL
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: July 25, 2011
SUBJECT: A request for the review of a preliminary plan and a final plat, pursuant to
Chapter 13 -3, Major Subdivisions, Vail Town Code, to allow for amendments to
the existing Parcels A through F and Units 1 through 3 of the Residences at Briar
Patch, and the creation of Parcel G and H of the Residences at Briar Patch for
the purposes of preserving open space and mitigating high severity rockfall
hazards, located at 1446 Buffehr Creek Road; 1386, 1388, and 1390 Briar Patch
Lane; 1374 and 1378 Sandstone Drive /Lots G2, G5, and G6, Lion's Ridge
Subdivision Filing 2 (Residences at Briar Patch), and setting forth details in
regard thereto. (PEC110034)
Applicant: Town of Vail and Briar Patch Homeowners Association
Planner: Bill Gibson
SUMMARY
The co- applicants, Town of Vail and Briar Patch Homeowners Association, are
requesting the review of a preliminary plan and a final plat to allow for amendments to
the existing Parcels A through F and Units 1 through 3 of the Residences at Briar Patch,
and to create a new Parcel G for the purposes of preserving open space and mitigating
high severity rockfall hazards. The proposed 3.983 acre Parcel G is a portion of the
existing 7.489 acre Residences at Briar Patch common element Parcel F. The co-
applicants are no longer requesting to create a new Parcel H as listed in the public
notice.
The co- applicants are proposing no revisions between the preliminary plan and the final
plat, so both requests are shown on the same proposed amended final plat (Attachment
B). Since this is a proposed amendment to an existing subdivision, rather than a
request to create new subdivision, Staff recommends the Planning and Environmental
Commission reviews the requests concurrently as it has for other similar subdivision
applications.
Based upon Staff's review of the criteria outlined in Section VI I of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends approval of this application subject to the findings noted in Section VIII of
this memorandum.
II. DESCRIPTION OF THE REQUEST
The co- applicants are requesting the review of a preliminary plan and a final plat to
amend the existing Parcels A through F and Units 1 through 3 of the Residences at
Briar Patch subdivision and to create a new Parcel G. The co- applicants are no longer
requesting to create a new Parcel H as listed in the public notice.
The Residences at Briar Patch subdivision, along with several other properties in the
Lion's Ridge neighborhood, was annexed into the Town of Vail in 1981. Most of these
properties, including the Residences at Briar Patch, had established development rights
under Eagle County jurisdiction that exceeded those that would be allowed by Town of
Vail zoning upon annexation. So, the Town of Vail entered into annexation agreements
with many of these property owners to negotiate development rights before their
properties were annexed. The original annexation agreement permitted 14 townhomes
in Briar Patch.
By 1993 only one phase of the original 14 units was constructed and the remainder of
the project was abandoned. In September of that year the Briar Patch Condominium
Associated obtained Town of Vail approval to revise the Briar Patch plans to preserve
an existing tri -plex building and to construct five new single - family residences, rather
than townhouses. The outcomes of this approval was memorialized on the subdivision's
plat. The existing plat prescribes the allowable density, gross residential floor area, site
coverage, building heights, parking, etc. that supersede the standards prescribed in
Article 12 -6E, Residential Cluster District, Vail Town Code.
The Residences at Briar Patch subdivision was not created as a traditional subdivision
with the allowed dwelling unit density constructed on evenly sized and evenly spaced
residential lots. Instead, the Residences at Briar Patch was zoned Residential Cluster
District and was designed as a true cluster style development. The allowed density for
the subdivision was concentrated or "clustered" on the less steep portions of the site.
This was accomplished through the subdivision's plats by creating a single, large
common parcel (Parcel F), five single - family building envelopes (Parcels A -E), and a
single tri -plex building envelope (Units 1 -3).
All the existing parcels (Parcel A -F and Units 1 -3) are treated as one entity for zoning
purposes. For example, the setback requirements of the Residential Cluster District are
applied to the Briar Patch development site as a whole, and are not applied to the
individual parcels. The existing parcels do, however, subdivide the various portions of
the Residences at Briar Patch for ownership and taxation purposes.
Most other developments in the Residential Cluster District have clustered individual
lots or parcels, which again are treated as one collective entity for zoning purposes.
Some developments have delineated building envelopes, but these envelopes are
typically delineated within the boundaries of the individual lots. At the Residences at
Briar Patch, there is no collection of individual lots with delineated building envelopes.
Instead, the existing parcels are the building envelopes.
Town of Vail Page 2
The existing Residences at Briar Patch plat allows decks, landscaping, driveways,
parking, and other private improvements to be constructed five feet outside the parcel
boundaries (building envelopes) on common Parcel F. These private improvements on
common property have created concerns among members of the homeowners
association related to liability and other legal issues. Similar to other Residential Cluster
District developments in Vail, the property owners at the Residences at Briar Patch are
considered "joint property owners" for zoning purposes. However, this scenario of
individual improvements being constructed on common property has tied these
individual property owners even closer together and has resulted in strained neighbor
relations.
As part of this application, the co- applicants are proposing to amend the boundaries of
the existing Parcels A -E. Today these parcels and the subdivision's building envelopes
are one and the same. The homeowners are proposing to expand Parcels A -E to
create parcels that function like individual single - family lots in a manner similar to other
subdivisions in the Residential Cluster District. However, the homeowners are
proposing to reinstate building envelope boundaries. Instead of these existing building
envelopes being identified on the plat as a "parcel ", the proposed plat will expand the
boundaries of Parcels A -E and delineate a "building envelope" within each parcel. The
homeowners association is proposing to expand the buildable areas for Parcels A -E as
described on the proposed plat.
Additionally, the homeowners association is proposing to increase the allowable site
coverage for Parcel D by 199 square feet from 2,801 to 3,000 square feet to facilitate a
future garage addition. Parcel D is the southern most home accessing Sandstone
Drive. There are no other changes proposed to the existing plat restricted development
rights.
The southern portion of the Residences at Briar Patch common Parcel F includes steep
slopes and rock outcroppings. This southern portion of Parcel F is located directly
above Lions Ridge Loop and the Timber Ridge employee housing development. This
portion of Parcel F poses a high severity rockfall hazard to the public street and the
residential development below. The Town of Vail has determined that it is in the best
interest of the public to mitigate this rockfall hazard. So, the Town of Vail is negotiating
the purchase of this portion of Parcel F from the Residences at Briar Patch property
owners with the intention of constructing rockfall mitigation on the site. Before the Town
of Vail can purchase this property from the Residences at Briar Patch property owners,
the existing Parcel F must first be formally subdivided into two lots. The co- applicants
are therefore requesting approval of a preliminary plan and final plat to subdivide the
existing common area into two parcels (Parcels F and G). The proposed Parcel G is
the southern portion of Residences at Briar Patch common area that the Town of Vail
intends to purchase. The subdivision of common Parcel F into two parcels will not
change the existing development rights for the Residences at Briar Patch.
This subdivision application "involves" more than four lots, so pursuant to Chapter 13 -2,
Definitions, Vail Town Code, this application is a "major subdivision ". A major
Town of Vail Page 3
subdivision involves the Planning and Environmental Commission's review of a
preliminary plan and a final plat. The co- applicants are proposing no revisions between
the preliminary plan and the final plat, so both requests are shown on the same
proposed amended final plat (Attachment B). Since this is a proposed amendment to
an existing subdivision, rather than a request to create new subdivision, Staff
recommends the Planning and Environmental Commission reviews the requests
concurrently as it has for other similar subdivision applications.
Minor changes to the text on sheet 1 of the current plat have been incorporated into the
proposed plat. Many of these chances clarify the existing development rights of the
Residences at Briar Patch and make corrections to the Town Code section numbers
referenced on the plat.
A vicinity map (Attachment A), the proposed Fifth Amendment final plat (Attachment B),
and the existing Fourth Amendment plat (Attachment C) have been attached for review.
III. BACKGROUND
The Residences at Briar Patch subdivision, along with several other properties in the
Lion's Ridge neighborhood, was annexed into the Town of Vail 1981. Most of these
properties, including the Residences at Briar Patch, had established development rights
under Eagle County jurisdiction that exceeded those that would be allowed by Town of
Vail zoning. So, the Town of Vail entered into annexation agreements with many of
these property owners to negotiate development rights before these property was
annexed. The existing plat prescribes the allowable density, gross residential floor
area, site coverage, building heights, parking, etc. that supersede the standards
prescribed in Article 12 -6E, Residential Cluster District, Vail Town Code.
While pursuing the proposed redevelopment of the Timber Ridge employee housing
site, the Town of Vail explored options to address the high severity rockfall hazard
emanating from the Residences at Briar Patch Parcel F above. This existing rockfall
hazard poses risks to both the public street and the residential development below. The
Town of Vail has explored several engineering options to mitigating the rockfall hazard.
One viable mitigation option is to mitigate the hazard off -site by constructing barriers
and fencing along Lions Ridge Loop; however, this mitigation method is neither
aesthetically or financially desirable. The other viable mitigation option is to address the
hazard on -site by removing rocks and installing protective netting over some
outcroppings. The Town of Vail believes the on -site mitigation method is more
aesthetically and financially desirable than an off -site method.
The Town of Vail is negotiating with the Residences at Briar Patch property owners to
purchase a portion of their common Parcel F (e.g. proposed Parcel G) to facilitate the
mitigation of the existing rockfall hazard.
Town of Vail Page 4
IV. APPLICABLE PLANNING DOCUMENTS
Title 12, Zoning Regulations, Vail Town Code (in part)
ARTICLE 12 -6E: RESIDENTIAL CLUSTER 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 -2: DEFINITIONS (in part)
Subdivision or Subdivided Land: (in part)
D. Major Subdivision. Any subdivision involving more than four (4) lots, or a
subdivision proposal without all lots having frontage on a public or approved
street, or with a request to extend municipal facilities in a significant manner, or a
proposal which would negatively affect the natural environment as determined
under section 12 -12 -2, "Applicability ", of this code, or if the proposal would
adversely affect the development of the remainder of the parcel or the adjacent
property.
E. Minor Subdivision. Any subdivision containing not more than four (4) lots
fronting on an existing street, not involving any new street or road or the
extension of municipal facilities and not adversely affecting the development of
the remainder of the parcel or adjoining property.
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
regulations also provide for the proper arrangement of streets and ensure proper
Town of Vail Page 5
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
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.
Town of Vail Page 6
1.2 The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
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.
V. SURROUNDING LAND USES AND ZONING
Existing Use Zoning District
North: Open Space Single - Family Residential and Natural Area Preservation
South: Residential Housing
West: Residential Residential Cluster, Two - Family Primary/Secondary, Single -
Family Residential, and Natural Area Preservation
East: Residential Residential Cluster
VI. SITE ANALYSIS
Existing Zoning: Residential Cluster District
Existing Land Use Designation: Medium Density Residential
Geological Hazards: Excessive Slopes and High Severity Rockfall Hazard
Lot Size: 8.105 acres (approximately 353,054 sq. ft.)
Development Standards: Plat Restricted
Proposed Site Coverage Amendments:
Parcel
RC District
Allowed Site
Coverage (25 %)
( sq.ft.)
Current Plat
Restricted Site
Coverage (sq.ft.)
Proposed Site
Coverage (sq.ft.)
Net Change
( sq.ft.)
A
n/a
4,015
no change
n/a
B
n/a
5,575
no change
n/a
C
n/a
5,399
no change
n/a
D
n/a
2,801
3,000
199
E
n/a
2,380
no change
n/a
Triplex
n/a
6,300
no change
n/a
Total
88,264 sq.ft.
26,470
199
26,669
Town of Vail Page 7
Proposed Building Envelope Amendments:
Parcel
RC District
Allowed Building
Envelope
Current Plat
Restricted
Building Envelope
(e.g. parcel)
( sq.ft.)
Proposed Building
Envelope (sq.ft.)
Net Change
( sq.ft.)
A
n/a
4,015
4,145
130
B
n/a
5,904
6,466
562
C
n/a
5,681
6,037
356
D
n/a
2,500
3,087
587
E
n/a
2,380
3,158
778
Triplex
n/a
6,321
no change
n/a
Total
88,258 sq.ft.
26,801
29,214
2,413
VII. REVIEW CRITERIA
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
Vail comprehensive plan and is compatible with the development objectives of
the town; and
Staff believes the proposed preliminary plan and final plat are consistent with the
following Vail Land Use Plan's goals:
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve both the
visitor and the permanent resident.
1.2 The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
Staff also believes the proposed preliminary plan and final plat are consistent with the
purpose of the Town's Subdivision Regulations and purpose of the Residential Cluster
District as outlined in Section IV of this memorandum. Staff believes the proposed
preliminary plan and final plat are consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail comprehensive plan and is
compatible with the development objectives of the town. Staff believes the proposed
preliminary plan and final plat are therefore consistent with this criterion.
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
Town of Vail Page 8
The proposed preliminary plan and final plat do not change the development rights
prescribed by the existing Residences at Briar Patch plat and annexation agreement
except to expand the buildable areas for Parcels A -E and to increase the allowable site
coverage on Parcel D by 199 square feet. Since its original adoption in 1993, the
allowable buildable area, gross residential floor area (GRFA), and site coverage have
evolved with each of the four subsequent plat amendments. Staff believes the
proposed preliminary plan and final plat comply with the applicable requirements of the
Town's Subdivision Regulations and Zoning Regulations, and are 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 proposed preliminary plan and final plat allow amendments to the buildable areas
of Parcels A -E and the allowable site coverage for Parcel D. Staff believes these
amendments are in keeping with the intent and purpose of the Residences at Briar
Patch plat and annexation agreement. The proposed preliminary plan and final plat do
not change any other existing development rights prescribed by the plat.
The proposed preliminary plan and final plat create a new Parcel G which will facilitate
the Town of Vail mitigating the existing high severity rockfall hazarding impacting Lions
Ridge Loop and the Timber Ridge employee housing development below.
Therefore, Staff believes the proposed preliminary plan and final plat presents a
harmonious, convenient, workable relationship among land uses.
4. The extent of the effects on the future development of the surrounding area;
and
The proposed preliminary plan and final plat allow amendments to the buildable areas
of Parcels A -E and the allowable site coverage for Parcel D. Staff believes these
amendments are in keeping with the intent and purpose of the Residences at Briar
Patch plat and annexation agreement. The proposed preliminary plan and final plat do
not change any other existing development rights prescribed by the plat.
The proposed preliminary plan and final plat create a new Parcel G which will facilitate
the Town of Vail mitigating the existing high severity rockfall hazarding impacting Lions
Ridge Loop and the Timber Ridge employee housing development below.
Therefore, Staff believes the proposed preliminary plan and final plat will have
significant positive affects on the future development of the surrounding area.
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
Town of Vail Page 9
services, or require duplication or premature extension of public facilities, or
result in a "leapfrog" pattern of development; and
This proposed preliminary plan and final plat amend an existing subdivision. Therefore,
Staff does not believe the proposal will have significant negative affects on the
community's spatial 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
The proposed preliminary plan and final plat do not change the existing density of the
Briar Patch. Therefore, Staff does not believe the proposed preliminary plans and final
plat will have any affect 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
The proposed preliminary plan and final plat allow amendments to the buildable areas
of Parcels A -E and the allowable site coverage for Parcel D. Staff believes these
amendments are in keeping with the intent and purpose of the Residences at Briar
Patch plat and annexation agreement. The proposed preliminary plan and final plat do
not change any other existing development rights prescribed by the plat.
The proposed preliminary plan and final plat create a new Parcel G which will facilitate
the Town of Vail mitigating the existing high severity rockfall hazarding impacting Lions
Ridge Loop and the Timber Ridge employee housing development below. Therefore,
Staff believes the proposed final plat serves the best interest of the community.
Staff believes the proposed subdivision will result in the continued growth of an orderly
and viable community.
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 quality, noise, vegetation, riparian corridors, hillsides and other desirable
natural features; and
The proposed preliminary plan and final plat allow amendments to the buildable areas
of Parcels A -E and the allowable site coverage for Parcel D. Staff believes these
amendments are in keeping with the intent and purpose of the Residences at Briar
Patch plat and annexation agreement. The proposed preliminary plan and final plat do
not change any other existing development rights prescribed by the plat.
The steep hillsides on the southern portion of the Residences at Briar Patch will be
maintained as open space.
Town of Vail Page 10
The proposed preliminary plan and final plat create a new Parcel G which will facilitate
the Town of Vail mitigating the existing high severity rockfall hazarding impacting Lions
Ridge Loop and the Timber Ridge employee housing development below.
Staff does not believe the proposed final plat will have significant negative affects on the
natural environment in comparison to existing conditions.
9. Such other factors and criteria as the commission and /or council deem
applicable to the proposed subdivision.
VIII. RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission approves this preliminary plan and a final plat, pursuant to
Chapter 13 -3, Major Subdivisions, Vail Town Code, to allow for amendments to the
existing Parcels A through F and Units 1 through 3 of the Residences at Briar Patch,
and the creation of Parcel G and H of the Residences at Briar Patch for the purposes of
preserving open space and mitigating high severity rockfall hazards, located at 1446
Buffehr Creek Road; 1386, 1388, and 1390 Briar Patch Lane; 1374 and 1378
Sandstone Drive /Lots G2, G5, and G6, Lion's Ridge Subdivision Filing 2 (Residences at
Briar Patch), and setting forth details in regard thereto. Staff's recommendation is based
upon the review of the criteria outlined in Section VII of this memorandum and the
evidence and testimony presented.
Should the Planning and Environmental Commission choose to approve this final plat,
the Community Development Department recommends the Commission pass the
following motion:
"The Planning and Environmental Commission approves this request for a
preliminary plan and a final plat, pursuant to Chapter 13 -3, Major Subdivisions,
Vail Town Code, to allow for amendments to the existing Parcels A through F
and Units 1 through 3 of the Residences at Briar Patch, and the creation of
Parcel G and H of the Residences at Briar Patch for the purposes of preserving
open space and mitigating high severity rockfall hazards, located at 1446 Buffehr
Creek Road; 1386, 1388, and 1390 Briar Patch Lane, 1374 and 1378 Sandstone
Drive /Lots G2, G5, and G6, Lion's Ridge Subdivision Filing 2 (Residences at
Briar Patch), and setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to approve this final plat,
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 June 27,
2011 and the evidence and testimony presented, the Planning and
Environmental Commission finds.
Town of Vail Page 11
1. The final plat is in compliance with the criteria prescribed by Chapter 13 -12,
Exemption Plat Review Procedures, Vail Town Code.
2. The final plat is 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 final plat is compatible with and suitable to adjacent uses and appropriate
for the surrounding areas.
4. The final plat promotes the health, safety, morals, and general welfare of the
town and promotes the coordinated and harmonious development of the town in
a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest
quality. "
IX. ATTACHMENTS
A. Vicinity Map
B. Proposed Preliminary Plan and Final Plat (Fifth Amendment)
C. Existing Plat (Fourth Amendment)
Town of Vail Page 12
Attachment A
Town of Vail Page 13
Attachment B
F 74
j�
Oil
Town of Vail Page 14
q
7j
t b
-IC
zp'
Ct
q
F 74
j�
Oil
Town of Vail Page 14
III
III I
.III I
III I
• 4 -
GO F-
W
u
0. z
4,
C,
N,
TA I
Town of Vail Page 15
dFd
ra
0.
E-
z
0
F-
E-
C
PT-4
0
pQ
Attachment C
Town of Vail Page 16
h
ieaca:P es
rr sr
b I
Ha NiN ait"D
sj
"0
IF-
't
j2
till",
Town of Vail Page 16
h
Ha NiN ait"D
Town of Vail Page 16
h
sj
"0
Town of Vail Page 16
o & RR
Imo
rr , ti
� N r
r
o 00 -
�I _o
DA
ME
our
w �'8
It r a
V .1_ fj fir I \� 3�✓ . � k,. �'� I
F_ °.^RS
It
e y► ;" 3
--------- f
Ito
Al �
7
i
r n
Town of Vail Page 17
`jl
111
� N 2 r
Town of Vail Page 17
r ..
T 0 W N 0 VA IL
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: July 25, 2011
SUBJECT: A request for a recommendation to the Vail Town Council for amendments to the
Town of Vail Land Use Plan Map, pursuant to Chapter VIII, Implementation,
Town of Vail Land Use Plan, to allow for a land use category change from
Medium Density Residential to Open Space; and a request for a
recommendation to the Vail Town Council for a zone district boundary
amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow
for a rezoning from Residential Cluster District to Natural Area Preservation
District, located at 1448 Buffehr Creek Road/Parcel G, Residences at Briar Patch
Subdivision, and setting forth details in regard thereto. (PEC110042)
Applicant: Town of Vail
Planner: Bill Gibson
SUMMARY
The applicant, Town of Vail, is requesting a land use category amendment from Medium
Density Residential to Open Space and a zone district boundary amendment, from
Residential Cluster District to Natural Area Preservation District, for the 3.983 acre
steep hillside portion of the Residences at Briar Patch located directly above Lions
Ridge Loop. The subject steep hillside is proposed to be platted as Parcel G,
Residences at Briar Patch through a related major subdivision application
(PEC110034). The Town of Vail is in negotiations to purchase the subject property from
the Briar Patch Homeowners Association for the purpose of preserving open space and
mitigating the high severity rockfall hazard associated with the site.
Based upon Staff's review of the criteria outlined in Section VII and VIII 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 a condition, of these applications subject to the
findings noted in Section IX of this memorandum.
II. DESCRIPTION OF REQUEST
The purpose of this request is to apply the same zoning to the subject property as the
steep hillside open space owned by the Town of Vail located directly to the west. A
vicinity map (Attachment A), the proposed land use map amendment (Attachment B)
and the proposed zoning map amendment (Attachment C) have been attached for
review.
III. BACKGROUND
The Residences at Briar Patch subdivision, along with several other properties in the
Lion's Ridge neighborhood, was annexed into the Town of Vail on April 29, 1987. Most
of these properties, including the Residences at Briar Patch, had established
development rights under Eagle County jurisdiction that exceeded those that would be
allowed by Town of Vail zoning. So, the Town of Vail entered into annexation
agreements with many of these property owners to negotiate development rights before
these property was annexed. The outcomes of the Residences at Briar Patch
annexation agreement have been memorialized on the subdivision's plat. The
Residences at Briar Patch plat includes a common element Parcel F. Parcel F includes
all areas of the subdivision that are not explicitly designated as building sites. Parcel F
includes the steep hillside above Lions Ridge Loop.
While pursuing the proposed redevelopment of the Timber Ridge employee housing
site, the Town of Vail explored options to address the high severity rockfall hazard
emanating from the Residences at Briar Patch Parcel F above. This existing rockfall
hazard poses risks to both the public street and the residential development below. The
Town of Vail has explored several engineering options to mitigating the rockfall hazard.
One viable mitigation option is to mitigate the hazard off -site by constructing barriers
and fencing along Lions Ridge Loop; however, this mitigation method is neither
aesthetically or financially desirable. The other viable mitigation option is to address the
hazard on -site by removing rocks and installing protective netting over some
outcroppings. The Town of Vail believes the on -site mitigation method is more
aesthetically and financially desirable than an off -site method.
The Town of Vail is negotiating with the Residences at Briar Patch property owners to
purchase a portion of their common Parcel F to facilitate the mitigation of the existing
rockfall hazard. This subject portion of Parcel F is proposed to be platted as Parcel G,
Residences at Briar Patch through a related major subdivision application
(PEC110034).
IV. APPLICABLE PLANNING DOCUMENTS
There is no mention of the subject property in the Town of Vail Comprehensive Open
Lands Plan.
Staff believes that following provisions of the Vail Land Use Plan and the Vail Town
Code are relevant to the review of this proposal:
Vail Land Use Plan (in part)
Town of Vail Page 2
Chapter II - Land Use Plan Goals / Policies (in part)
1. General Growth /Development
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve both the
visitor and the permanent resident.
1.2 The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
Chapter VI — Proposed Land Use (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.
OS — Open Space
Passive recreation areas such as greenbelts, stream corridors and drainage
ways are the types of areas in this category. Hillsides which were classified as
undevelopable due to high hazards and slopes over 40% are also included in this
area. These hillside areas would still be allowed types of development permitted
by existing zoning, such as one unit per 35 acres, for areas in agricultural zoning.
Also, permitted in this area would be institutional / public uses.
Title 12, Zoning Regulations, Vail Town Code (in part)
Article 12 -6E: Residential Cluster District (in part)
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.
Article 12 -8C: Natural Area Preservation District (in part)
Section 12 -8C -1: Purpose.
Town of Vail Page 3
The natural area preservation district is designed to provide areas which,
because of their environmentally sensitive nature or natural beauty, shall be
protected from encroachment by any building or other improvement, other than
those listed in section 12 -8C -2 of this article. The natural area preservation
district is intended to ensure that designated lands remain in their natural state,
including reclaimed areas, by protecting such areas from development and
preserving open space. The natural area preservation district includes lands
having valuable wildlife habitat, exceptional aesthetic or flood control value,
wetlands, riparian areas and areas with significant environmental constraints.
Protecting sensitive natural areas is important for maintaining water quality and
aquatic habitat, preserving wildlife habitat, flood control, protecting view corridors,
minimizing the risk from hazard areas, and protecting the natural character of
Vail which is so vital to the town's tourist economy. The intent shall not preclude
improvement of the natural environment by the removal of noxious weeds,
deadfall where necessary to protect public safety or similar compatible
improvements.
V. SITE ANALYSIS
Existing Zoning: Residential Cluster District
Proposed Zoning: Natural Area Preservation District
Existing Land Use Designation: Medium Density Residential
Proposed Land Use Designation: Medium Density Residential
Mapped Geological Hazards: High Severity Rockfall
Lot Area: Approximately 3.983 acres
Existing Development Standards: N/A (open space per the Briar Patch plat)
Proposed Development Standards: None Change
VI. SURROUNDING LAND USES AND ZONING
Existing
Use
Zone District
Land Use Designation
North:
Residential
Residential Cluster
Medium Density Residential
South:
Residential
Housing
High Density Residential
West:
Open Space
Natural Area Preservation
Open Space
East:
Residential
Residential Cluster
Medium Density Residential
VII. LAND USE PLAN CATEGORY CHANGE CRITERIA
Before acting on a land use plan amendment application, the Planning and
Environmental Commission shall consider the following factors with respect to this
proposal:
1. How conditions have changed since the Land Use Plan was adopted.
The Town of Vail is negotiating with the Residences at Briar Patch property owners to
purchase a portion of their common Parcel F to facilitate the mitigation of the existing
rockfall hazard. This subject portion of Parcel F is proposed to be platted as Parcel G,
Town of Vail Page 4
Residences at Briar Patch through a related major subdivision application
(PEC110034).
2. How the Land Use Plan is in error.
Staff does not believe the Vail Land Use Plan is in error. As identified in this
memorandum, conditions have changed since the adoption of the plan.
3. How the change to the Land Use Plan is in concert with the Plan in general.
Staff does not believe the subject steep hillside is the appropriate location for future
residential development. Instead, Staff believes the site should be preserved as open
space and the existing rockfall hazards should be mitigated. Staff believes the use of
the subject property is more consistent with the description of the Open Space plan
category than the Medium Density Residential plan category as outlined in Section IV of
this memorandum.
VIII. ZONE DISTRICT BOUNDARY AMENDMENT CRITERIA
Before acting on a zone district boundary amendment application, the Planning and
Environmental Commission shall consider the following factors with respect to this
proposal:
1. The extent to which the zone district amendment is consistent with all the
applicable elements of the adopted goals, objectives and policies outlined in the
Vail comprehensive plan and is compatible with the development objectives of
the town.
Staff believes a rezoning of the subject property to the Natural Area Preservation
District is consistent with the associated Vail Land Use Plan amendment to identify the
subject property as Open Space.
The subject property is currently zoned Residential Cluster District. Due to the
steepness of the site and the high severity rockfall hazards, Staff does not believe the
subject property is the appropriate location for future residential development.
The Town of Vail is proposing to apply the same zoning to the subject property as the
steep hillside open space owned by the Town of Vail located directly to the west.
Therefore, Staff believes the applicant's proposal meets this review criterion.
2. The extent to which the zone district amendment is suitable with the existing
and potential land uses on the site and existing and potential surrounding land
uses as set out in the town's adopted planning documents.
The Town of Vail is in negotiations with the Briar Patch Homeowners Associations to
purchase the subject property for the purpose of preserving open space and mitigating
Town of Vail Page 5
the high severity rockfall hazard associated with the site. Staff believes a rezoning of
the subject property to the Natural Area Preservation District is consistent with the
associated Vail Land Use Plan amendment to identify the subject property as Open
Space.
The Briar Patch development rights are regulated by both the Vail Town Code and the
Residences at Briar Patch plat. The plat prescribes the allowable density, building
locations, gross residential floor area, site coverage, building height, parking, etc. The
subject Parcel G only includes portions of the already unbuildable steep hillside above
Lions Ridge Loop. The platting and rezoning of the proposed Parcel G will not affect
the existing or future Briar Patch development rights. Staff does not believe the
proposed rezoning of the subject property will alter its existing suitability with the
neighborhood.
Therefore, Staff believes this proposal meets this review criterion.
3. The extent to which the zone district amendment presents a harmonious,
convenient, workable relationship among land uses consistent with municipal
development objectives.
Staff believes the rezoning of the subject property to an open space zone district has a
more harmonious, convenient, and workable relationship among land uses in the
surrounding neighborhood than is current zoning for residential development.
Therefore, Staff believes the applicant's proposal meets this review criterion.
4. The extent to which the zone district amendment provides for the growth of an
orderly viable community and does not constitute spot zoning as the amendment
serves the best interests of the community as a whole.
Staff believes a rezoning of the subject property to the Outdoor Recreation District is
consistent with the associated Vail Land Use Plan amendment to designate the subject
property as Open Space.
The Town of Vail is proposing to apply the same zoning to the subject property as the
steep hillside open space owned by the Town of Vail located directly to the west;
therefore, Staff does not believe the proposal constitutes a spot zoning. Instead, Staff
believes the proposed rezoning serves the best interest of the community as a whole.
Therefore, Staff believes the proposal meets this review criterion.
5. The extent to which the zone district amendment results in adverse or
beneficial impacts on the natural environment, including, but not limited to, water
quality, air quality, noise, vegetation, riparian corridors, hillsides and other
desirable natural features.
Town of Vail Page 6
As identified in this memorandum, Staff does not believe the subject property is an
appropriate location for future residential development. The subject property currently
functions as open space. Staff believes a rezoning of this property to the Natural Area
Preservation District from Residential Cluster District will further restrict the impacts of
this property on the natural environment.
Therefore, Staff believes the proposal meets this review criterion.
6. The extent to which the zone district amendment is consistent with the purpose
statement of the proposed zone district.
The Town of Vail is requesting that the subject property be rezoned to the Natural Area
Preservation District. The subject property is a steep hillside with high severity rockfall
hazards. The Town of Vail intends to preserve the subject property as open space and
to mitigate the rockfall hazards on the site. Staff believes this proposed rezoning is
consistent with the open space purposes of the Natural Area Preservation District as
outlined in Section IV of this memorandum and as follows:
"The natural area preservation district is designed to provide areas which,
because of their environmentally sensitive nature or natural beauty, shall be
protected from encroachment by any building or other improvement, other than
those listed in section 12 -8C -2 of this article. The natural area preservation
district is intended to ensure that designated lands remain in their natural state,
including reclaimed areas, by protecting such areas from development and
preserving open space. The natural area preservation district includes lands
having valuable wildlife habitat, exceptional aesthetic or flood control value,
wetlands, riparian areas and areas with significant environmental
constraints. Protecting sensitive natural areas is important for maintaining water
quality and aquatic habitat, preserving wildlife habitat, flood control, protecting
view corridors, minimizing the risk from hazard areas, and protecting the
natural character of Vail which is so vital to the town's tourist economy. The
intent shall not preclude improvement of the natural environment by the
removal of noxious weeds, deadfall where necessary to protect public
safety or similar compatible improvements."
Therefore, Staff believes the proposal meets this review criterion.
7. The extent to which the zone district amendment demonstrates how conditions
have changed since the zoning designation of the subject property was adopted
and is no longer appropriate.
As identified in this memorandum, the Town of Vail is negotiating with the Residences
at Briar Patch property owners to purchase a portion of their common Parcel F to
facilitate the mitigation of the existing rockfall hazard. This subject portion of Parcel F is
proposed to be platted as Parcel G, Residences at Briar Patch through a related major
subdivision application (PEC110034).
Town of Vail Page 7
Therefore, Staff believes the proposal meets this review criterion.
8. Such other factors and criteria as the commission and /or council deem
applicable to the proposed rezoning.
IX. RECOMMENDATION
The Community Development Department recommends the Planning an Environmental
Commission forwards a recommendation of approval, with a condition, to the Vail
Town Council for amendments to the Town of Vail Land Use Plan Map, pursuant to
Chapter VIII, Implementation, Town of Vail Land Use Plan, to allow for a land use
category amendment from Medium Density Residential to Open Space; and a request
for a recommendation to the Vail Town Council for a zone district boundary amendment,
pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning from
Residential Cluster District to Natural Area Preservation District, located at 1448 Buffehr
Creek Road /Parcel G, Residences at Briar Patch Subdivision, and setting forth details in
regard thereto. This recommendation is based upon the review of the criteria outlined in
Sections VII and VIII of this memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to recommend approval of
this request; the Community Development Department recommends the Commission
passes the following motion:
"The Planning and Environmental Commission forwards a recommendation of
approval, with a condition, to the Vail Town Council for amendments to the
Town of Vail Land Use Plan Map, pursuant to Chapter Vlll, Implementation,
Town of Vail Land Use Plan, to allow for a land use category amendment from
Medium Density Residential to Open Space; and a request for a
recommendation to the Vail Town Council for a zone district boundary
amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow
for a rezoning from Residential Cluster District to Natural Area Preservation
District, located at 1448 Buffehr Creek Road /Parcel G, Residences at Briar Patch
Subdivision, and setting forth details in regard thereto. "
Should the Planning and Environmental Commission choose to recommend approval of
this request; the Community Development Department recommends the Commission
imposes the following condition:
"I. This recommendation of approval for a Land Use Plan designation change
and a rezoning is contingent upon the recording of the associated final plat
creating Parcel G, Residences at Briar Patch."
Should the Planning and Environmental Commission choose to recommend approval of
this request; the Community Development Department recommends the Commission
makes the following findings:
Town of Vail Page 8
"Based upon the review of the criteria outlined in Sections Vll and Vlll of the Staff
memorandum to the Planning and Environmental Commission dated July 25,
2011, and the evidence and testimony presented, the Planning and
Environmental Commission finds.
1. That the amendments are consistent with the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town.
2. That the amendments are compatible with and suitable to adjacent uses and
appropriate for the surrounding areas.
3. That the amendments promote the health, safety, morals, and general welfare
of the town and promote the coordinated and harmonious development of the
town in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest
quality. "
X. ATTACHMENTS
A. Vicinity Map
B. Proposed Land Use Map Amendment
C. Proposed Zoning Map Amendment
Town of Vail Page 9
Attachment A
Town of Vail Page 10
a
x
orr ` r
�y
� y
Ilk
1
� �
Off• � � � � � x / � % la }�"�.'.
r i
p�
I
i
.•E
i 4 ! Mil'
'°4r M
Town of Vail Page 10
Attachment B
Town of Vail Page 11
r r.
�F
E
a
"
.4
s
�
«�
ay��
a +.° �� ��
� � ,•"�:�.
v
Y��
r� • lY P k �^ �g
`
_ ,
r
rw
P.,
,
r
s41 r
Town of Vail Page 11
Attachment C
Town of Vail Page 12
,,
• �,,� , ��:�„ � u��` a u. r'
�
� ,
-�.. �
R.
4�
g
sd
� o
r
� w
r �r
1n „kw
i + RT °
r
� w
W
"
"
4
1
'Mb'
µ aJ
°`V��
OF
Town of Vail Page 12
r ..
T 0 W N 0 VA IL
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: July 25, 2011
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 (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. (PEC110040, PEC110041)
Applicant: Town of Vail
Planner: Bill Gibson
I. SUMMARY
The applicant, Town of Vail, is requesting a work session to introduce a proposal to
establish a new residential zone district, the Vail Village Townhouse (VVT) District. The
applicant is proposing to establish a new zone district to simplify the development
review process and to create economic incentives for the redevelopment of existing
townhouse properties in Vail Village. This proposed new zone district involves
amendments to the Town's Zoning Regulations and associated amendments to the Vail
Village Master Plan.
While there is currently no application to apply this proposed new zone district to any
specific properties, the Vail Town Council has directed Staff that in the future, this new
zone district should be applied to the existing Vail Row Houses, Texas Townhomes,
Vail Trails East, and the Vail Trails Chalets townhouse developments. A vicinity map of
these properties (Attachment A) has been attached for reference.
This proposal is similar to a past application to establish a new Vail Village Townhouse
District by Chris Galvin, represented by Mauriello Planning Group and KH Webb
Architects, which was withdrawn by Mr. Galvin in May of this year. The Vail Town
Council generally support the concept of establishing a new zone district that is tailored
to address these existing, unique townhouse properties. So upon Mr. Galvin's
withdrawal of his application, the Vail Town Council directed Staff to formally submit a
similar application, on behalf of the Town of Vail, to establish a new Vail Village
Townhouse District.
As this is a work session, Staff recommends the Planning and Environmental
Commission listens to the Staff presentation, asks questions, requests any additional
information needed for the review of this application, and then tables this items to its
August 8, 2011 public hearing for further deliberation.
II. BACKGROUND
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, density, landscape area, parking, 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 townhouse lots years ago under Eagle
County jurisdiction. The Town of Vail has treated these individually platted units as
independent development sites, rather than as one unit in a larger comprehensive
townhouse project. The standards of the Town's HDMF District were intended to be
applied to comprehensive multiple - family development sites (such as multiple - family
condominium buildings), and were not designed to be applied to the individual units of a
multiple - family building. For example, the HDMF District requires 20 foot side setbacks
(i.e. a total of 40 linear feet of lot width) for individually platted townhouse lots that are a
total of 20 feet wide. In this scenario, the side setbacks overlap and apply to the entire
development site thus rendering the property unbuildable without variances.
In 2008 and 2009, Chris Galvin, represented by Mauriello Planning Group and KH
Webb Architects, submitted and later withdrew multiple applications to establish the Vail
Townhouse Condominiums and the Vail Row Houses as a Special Development District
to create incentives for redevelopment and to address the various non - conformities of
the existing properties when regulated by the High Density Multiple - Family District.
In 2010 and 2011, Chris Galvin, represented by Mauriello Planning Group and KH
Webb Architects, submitted and later withdrew an application to establish a new Vail
Village Townhouse District to create incentives for redevelopment and to address the
various non - conformities of the existing properties when regulated by the High Density
Multiple - Family District. It was anticipated that this proposed new district could be
applied to the existing Vail Townhouse Condominiums, Vail Row Houses, Vail Trails
Chalets, Vail Trails East, and the Texas Townhomes townhouse developments. Upon
Mr. Galvin's withdrawal of his application, the Vail Town Council directed Staff to
formally submit a similar application, on behalf of the Town of Vail, to establish a new
Vail Village Townhouse District.
Town of Vail Page 2
The Planning and Environmental Commission reviewed Mr. Galvin's application to
establish a new Vail Village Townhouse District at its April 26, May 10, June 14, July 12,
and August 23, 2010 public hearings. On August 23, 2010 the Planning and
Environmental Commission forwarded a recommendation of approval to the Vail Town
Council for the proposed amendments by a vote of 5 -0 -1 (Pratt recused) with the
following modifications:
• The gross residential floor area standards should allow a 1.35 GRFA ratio.
• The parking standards should include the applicant's proposed language
allowing parking in the front setback and street right -of -way.
• The setback standards should be 20 feet as recommended in the Staff
memorandum.
• The applicant's proposed language about the Town vacating the Gore Creek
Drive street right -of -way should be removed from the Vail Village Master Plan
amendment.
In reviewing Mr. Galvin's previous proposal, the Planning and Environmental
Commission and the Vail Town Council addressed the following policy questions:
• Should the Town of Vail adopt a new zoning district specifically designed to
regulate existing townhouse properties in Vail Village or should these
properties continue to be zoned High Density Multiple Family District?
• If the Town of Vail were to adopt a new zone district, should this district
economically incentivise the redevelopment of the existing townhouse
properties in Vail Village?
• If the Town of Vail were to adopt a new zone district, should this district
maintain the existing character of the townhouse properties in Vail Village?
• If the Town of Vail were to adopt a new zone district to incentivise
redevelopment and maintain the existing character of townhouse properties in
Vail Village, do the following proposed amendments achieve that policy?
Increasing development rights to reduce nonconformities and the
need for future variances.
Increasing development rights to reduce inequities created by
previous variances and previous 250 Ordinance /Interior Conversion
additions.
■ Establishing zoning standards that differentiate between townhouse
buildings and individually platted townhouse lots within a building.
Town of Vail Page 3
■ Basing lot area calculations on "site area" rather than the more
restrictive "buildable area ".
■ Reducing the minimum lot area standards for individually platted
townhouse lots within a building.
■ Eliminating side setback requirements between adjoining
individually platted townhouse lots within a building.
■ Reducing setback requirements to match the existing built
conditions.
■ Basing density calculations on "site area" rather than the more
restrictive "buildable area ".
■ Increasing the allowable density standards to match existing built
conditions.
■ Basing GRFA calculations on "site area" rather than the more
restrictive "buildable area ".
■ Facilitating "demo /rebuild" redevelopment without the loss of
existing development potential by eliminating "250 Ordinance" and
"Interior Conversion" additions and adjusting the GRFA formula to
include an equivalent floor area potential.
■ Increasing the allowable GRFA above current levels.
■ Reducing the minimum landscape area standards.
■ Modifying the parking standards to allow existing surface parking
conditions to continue.
Both the Planning and Environmental Commission and the Vail Town Council decided
that a new zone district should be established to regulate the subject properties, a new
district should create incentives for redevelopment, and a new district should maintain
the existing character of the neighborhood.
The Planning and Environmental Commission and Vail Town Council differed on
whether the previously proposed amendments achieved the intended policies. The
Planning and Environmental Commission recommended a GRFA ratio of 1.35, while the
Vail Town Council approved a GRFA ratio of 1.25 on the first reading of the ordinance
establishing the Vail Village Townhouse District.
On second reading, the Vail Town Council expressed its concern that the development
standards of the proposed district would not adequately maintain the existing character
of the neighborhood. The Vail Town Council tabled the second reading of Mr. Galvin's
Town of Vail Page 4
proposal until the applicant and Staff returned with additional regulations to preserve the
neighborhood character.
At the direction of the Council, Town Staff drafted design guidelines and master plan
amendments with the assistance of the Town's consultant, Winston and Associates,
and input from Mr. Galvin's representatives. Prior to presentation of these design
guidelines and master plan amendments to the Vail Town Council, Mr. Galvin withdrew
his application.
The Mauriello Planning Group has submitted a letter dated July 8, 2011 commenting on
the Town of Vail's application. This letter (Attachment D) has been attached for review.
Staff has also been contacted by Mr. Dolph Bridgewater who is an owner in the Vail
Row Houses. Mr. Bridgewater expressed to Staff his concerns about a Vail Village
Townhouse District allowing a GRFA ratio more than 1.15. Mr. Bridgewater or his
representative, John Dunn, intends to present these concerns at an upcoming Planning
and Environmental Commission hearing.
III. DESCRIPTION OF THE REQUEST
The proposed new Vail Village Townhouse District zoning code amendments are similar
to those reviewed by the Planning and Environmental Commission as part of Mr.
Galvin's previous application with the exception of gross residential floor area and
building height. The proposed draft zoning code amendments (Attachment B) have
been attached for review.
During the review of Mr. Galvin's application, the Planning and Environmental
Commission recommended adopting a 1.35 GRFA ratio to maintain the current
development rights for the majority of the existing townhouse properties. The Vail Town
Council approved a GRFA ratio of 1.25 on its first reading of Mr. Galvin's application for
the same purpose. The attached draft of the new Vail Village Townhouse District
includes a GRFA ratio of 1.25.
During its review of Mr. Galvin's application the Vail Town Council expressed concern
that the height limits allowed in the High Density Multiple - Family District are higher than
the actual existing townhouse buildings. With the intent of preserving the existing
character of the neighborhood, the Town of Vail is proposing to lower the allowable
building height from 45 for a flat roof and 48 feet for a sloping roof to 40 feet and 43 feet
respectively.
Some of the proposed Vail Village Master Plan amendments associated with this new
zone district are similar to those reviewed by the Planning and Environmental
Commission as part of Mr. Galvin's previous application. However, since the
Commission's review of the Galvin application, Staff, the Town's consultant, Winston
and Associates, and the Galvin's representatives have drafted proposed master plan
design considerations. These proposed design considerations address development
patterns, architectural themes, building form and massing, street edge, building
Town of Vail Page 5
facades, cantilevered floor areas, roof pitches and ridges, fences and site walls,
landscaping, deck rails, and parking. The proposed draft master plan amendments
(Attachment C) have been attached for review.
For reference, included in this memorandum (Attachment E) is a Staff power point
related to gross residential floor area and building height that was presented to the Vail
Town Council during their consideration of Mr. Galvin's past application.
IV. RECOMMENDATION
As this is a work session, Staff recommends the Planning and Environmental
Commission listens to the Staff presentation, asks questions, requests any additional
information needed for the review of this application, and then tables this items to its
August 8, 2011 public hearing for further deliberation.
V. ATTACHMENTS
A. Vicinity Map
B. Draft Zoning Code Amendments
C. Draft Master Plan Amendments
D. Mauriello Planning Group letter dated July 8, 2011
E. Past Town Council Power Point Presentation
Town of Vail Page 6
Attachment A
Town of Vail Page 7
�
r
f
Sew .,,� : �"`_ �
• ,
•
!
a
r
,
"A
w
�,.
1 70.1
f
7a¢ n r
rl1k
PP
w
t
�
, r
1
'
1
A
„may
.
.. Dr
Ilk
rrr�j)))A
M
le
_ . •
15 20(Ww
Town of Vail Page 7
Town of Vail Page 8
DRAFT
ORDINANCE NO. 15
Series of 2010
AN ORDINANCE AMENDING CHAPTER 12 -6, RESIDENTIAL DISTRICTS, VAIL TOWN CODE,
TO ESTABLISH THE VAIL VILLAGE TOWNHOUSE (VVT) DISTRICT, AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, Section 12 -3 -7, Amendment, Vail Town Code, sets forth the procedures for
amending the Town's Zoning Regulations; and,
WHEREAS, the purpose of these amendments is to establish a new zone district to regulate
existing townhouse properties in Vail Village that were legally non - conforming in regard to the
provisions of the High Density Multiple - Family District; and,
WHEREAS, the purpose of these amendments is to establish incentives for the
redevelopment of existing townhouse properties in Vail Village; and,
WHEREAS, the purpose of these amendments is to preserve the existing character of the
townhouse properties in Vail Village and to preserve the existing character of the neighborhood;
and,
WHEREAS, on August 23, 2010 the Town of Vail Planning and Environmental Commission
held a public hearing on the application to amend the Town's Zoning Regulations and establish
the Vail Village Townhouse District, in accordance with the provisions of the Vail Town Code; and,
WHEREAS, the Town of Vail Planning and Environmental Commission forwarded a
recommendation of approval, with modifications, of the proposed Zoning Regulation amendments to
the Vail Town Council by a vote of 5 -0 -1; and,
WHEREAS, the Vail Town Council finds and determines 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,
WHEREAS, the Vail Town Council finds and determines that the amendment to the Town
Code furthers the general and specific purposes of the Zoning Regulations; and,
WHEREAS, the Vail Town Council finds and determines 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.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
SECTION 1. Table of Contents, Title 12, Zoning Regulations, Vail Town Code, is hereby
amended in part as follows (text to be deleted is in strikethre gI , text that is to be added is
bold, and sections of text that are not amended have been omitted):
Vail Village Townhouse (WT) District ... 6J
DRAFT Ordinance No. 15, Series of 2010 1
SECTION 2. Section 12 -2 -2, Definitions, Vail Town Code, is hereby amended in part as
follows (text to be deleted is in strikethre gI , text that is to be added is bold, and sections
of text that are not amended have been omitted):
TOWNHOUSE BUILDING: A multiple - family building with one - family dwelling
units erected in a row, each being separated from the adjoining unit or units
by a party wall or walls usually extending from the basement floor to the roof.
INDIVIDUALLY PLATTED TOWNHOUSE LOT: A dwelling unit within a
townhouse building subdivided as an individual development site.
SECTION 3. Section 12 -4 -1, Designated, Vail Town Code, is hereby amended in part as
follows (text to be deleted is in strikethre gI , text that is to be added is bold, and sections
of text that are not amended have been omitted):
The following zone districts are established:
Vail Village Townhouse (WT) District
SECTION 4. Chapter 12 -6, Residential Districts, Vail Town Code, is hereby established as
follows (text that is to be added is bold):
ARTICLE J. VAIL VILLAGE TOWNHOUSE (WT) DISTRICT
12 -6J -1: PURPOSE:
The Vail Village Townhouse District is intended to provide sites for and
maintain the unique character of existing townhouse and row house
properties 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 year -round community
and, where permitted, are intended to blend harmoniously with the residential
character of the zone district.
This zone district was established to regulate existing townhouse and row
house properties that were legally nonconforming in the High Density Multiple
Family District. The Vail Village Townhouse District is meant to encourage
and provide incentives for redevelopment of existing townhouse properties in
accordance with the Vail Village Master Plan. The incentives in this zone
district include differentiating between properties subdivided and regulated as
townhouse buildings from those properties subdivided and regulated as
individually platted townhouse lots, reductions in lot area standards,
reductions in setbacks, increases in density, increases in gross residential
floor area (GRFA), reductions in landscaping area, and reductions in parking
design requirements. More restrictive design consideration requirements
have been applied to these properties in accordance with the Vail Village
Master Plan to maintain the unique character of existing townhouse and row
house developments in Vail Village.
DRAFT Ordinance No. 15, Series of 2010 2
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.
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.
Home child daycare facilities, as further regulated by section 12 -14 -12
of this title.
Public buildings, grounds and 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.
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 for a townhouse building shall be ten thousand
(10,000) square feet of total site area. Each site shall have a minimum frontage
of twenty feet (20'). The minimum lot or site area shall be two thousand
(2,000) square feet of total site area for individually platted townhouse lots,
each site shall have a minimum frontage of twenty feet (20').
12 -6J -6: SETBACKS:
The minimum setback shall be twenty feet (20') from the front, side, and rear
property lines. The minimum setback shall be zero feet (0) from property lines
between attached dwelling units.
12 -6J -7: HEIGHT:
For a flat roof, the height of buildings shall not exceed forty feet (40'). For a
sloping roof, the height of buildings shall not exceed forty three feet (43').
12 -6J -8: DENSITY CONTROL:
DRAFT Ordinance No. 15, Series of 2010
The existing number of legally established units on a development site or
twenty -five dwelling units per acre of total site area, whichever is greater, shall
be allowed. A dwelling unit 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 twenty five (125) square feet of gross residential
floor area (GRFA) shall be permitted for each one hundred (100) square feet of
total site area. 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:
At least twenty percent (20 %) 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 legally established within the street right -of -way
may be continued subject to a revocable right -of -way permit issued by the
Town of Vail.
12- 6J -13: COMPLIANCE BURDEN:
It shall be the burden of the applicant to prove by a preponderance of the
evidence before the Design Review Board and /or Administrator that the
proposed new construction, addition, or minor exterior alteration is in
compliance with the applicable elements of the Vail Village Master Plan, Vail
Village Urban Design Guide Plan, and the Vail Village Design Considerations.
SECTION 5. Section 12- 10 -17 -B, Lease Qualifications, Vail Town Code, is hereby
amended in part as follows (text to be deleted is in stFikethF96igI4, text that is to be added is
bold, and sections of text that are not amended have been omitted):
1. Any owner, occupant or building manager who owns, occupies or manages ten
(10) or more private parking spaces located in commercial core 1, commercial core
2, commercial core 3, high density multiple - family, Vail Village Townhouse, public
accommodations, Lionshead mixed use 1, Lionshead mixed use 2, or special
development zone districts and provides sufficient parking for use by employees
may apply to the administrator of the town for a permit to lease parking spaces.
SECTION 6. Section 12 -13 -4, Requirements by Employee Housing Unit (EHU) Type, Vail
Town Code, is hereby amended in part as follows (text to be deleted is in StrikethFG ^h, text
that is to be added is bold, and sections of text that are not amended have been omitted):
DRAFT Ordinance No. 15, Series of 2010
Type
III
Residential cluster
The EHU The EHU
Low density multiple - family
may be is
Medium density multiple-
sold or excluded
family
transferred from the
High density multiple - family
separately. calculatio
Vail Village Townhouse
n of
Public accommodation
GRFA.
Commercial core 1
dwelling
Commercial core 2
Commercial core 3
Commercial service center
Arterial business
Heavy service
unit: 200 sq.
Lionshead mixed use 1
Lionshead mixed use 2
Public accommodation 2
for each
Ski base /recreation
Ski base /recreation 2
Special
occupying
development district
Parking district
General use
n/a
n/a
Per
A. Dwelling
The EHU is
chapter
unit: 300 sq.
excluded
10 of
ft. minimum
from the
this title
i and 1,200
calculation
as a
sq. ft.
of density.
dwelling
maximum.
unit.
B. Dormitory
unit: 200 sq.
ft. minimum
for each
person
occupying
the EHU.
SECTION 7. Section 12 -15 -2, GRFA Requirements By Zone District, Vail Town Code, is
hereby amended in part as follows (text to be deleted is in strikethrG @II , text that is to be
added is bold, and sections of text that are not amended have been omitted):
Zone Districts GRFA Credits
(Added To Results Of
GRFA Ratio Application Of Percentage)
WT 1.25 of total site area None
Vail Village Townhouse
SECTION 8. Section 12 -15 -3, Definition, Calculation, and Exclusions, Vail Town Code, is
hereby amended in part as follows (text to be deleted is in strikethrG @I1 , text that is to be
added is bold, and sections of text that are not amended have been omitted):
B. Within The Residential Cluster (RC), Low Density Multiple - Family (LDMF),
Medium Density Multiple - Family (MDMF), High Density Multiple - Family (HDMF),
A-Rd Housing (H), and Vail Village Townhouse (WT) Districts:
SECTION 9. Section 12 -15 -3, Definition, Calculation, and Exclusions, Vail Town Code, is
hereby amended in part as follows (text to be deleted is in stFikethF96@1 text that is to be
added is bold, and sections of text that are not amended have been omitted):
C. Within All Districts Except The Hillside Residential (HR), Single - Family
Residential (SFR), Two - Family Residential (R), Two - Family Primary /Secondary
(PS), Residential Cluster (RC), Low Density Multiple - Family (LDMF), Medium
Density Multiple - Family (MDMF), High Density Multiple - Family (HDMF), A-Rd
Housing (H), and Vail Village Townhouse (WT) Districts:
SECTION 10. Section 12 -15 -4, Interior Conversions, Vail Town Code, is hereby amended
in part as follows (text to be deleted is in stFikethF9 @1 text that is to be added is bold, and
sections of text that are not amended have been omitted):
DRAFT Ordinance No. 15, Series of 2010
B. Applicability: Within all zone districts except the single - family residential
(SFR), two- family residential (R), a-Rd two - family primary /secondary residential
(PS), and Vail Village Townhouse (WT) districts, dwelling units that meet or
exceed allowable GRFA will be eligible to make interior conversions provided the
following criteria are satisfied:
1. Any existing dwelling unit shall be eligible to add GRFA, via the "interior space
conversion" provision in excess of existing or allowable GRFA including such
units located in a special development district; provided, that such GRFA
complies with the standards outlined herein.
2. For the purpose of this section, "existing unit" shall mean any dwelling unit that
has been constructed prior to August 5, 1997, and has received a certificate of
occupancy, or has been issued a building permit prior to August 5, 1997, or has
received final design review board approval prior to August 5, 1997.
SECTION 11. Section 12 -15 -5, Additional Gross Residential Floor Area (250 Ordinance),
Vail Town Code, is hereby amended in part as follows (text to be deleted is in stFikethr„ 1gI
text that is to be added is bold, and sections of text that are not amended have been
omitted):
B. Applicability: The provisions of this section shall apply to dwelling units in all zone
districts except the single - family residential (SFR), two - family residential (R), a-Rd
two - family primary /secondary residential (PS), and Vail Village Townhouse (WT)
districts.
SECTION 12. Section 12 -24 -1, Inclusionary Zoning, Vail Town Code, is hereby amended in
part as follows (text to be deleted is in strikethre gl , text that is to be added is bold, and
sections of text that are not amended have been omitted):
B. This chapter shall apply to all new residential development and redevelopment
located within the following zone districts, except as provided in section 12 -24 -5 of
this chapter:
2. Vail Village Townhouse (WT)
SECTION 13. Section 14 -8 -1 Site Development Standards, Inclusionary Zoning, Vail Town
Code, is hereby amended in part as follows (text to be deleted is in Strikethrni , ^h, text that is
to be added is bold, and sections of text that are not amended have been omitted):
DRAFT Ordinance No. 15, Series of 2010
</§
0)
IL
§/k
macƒ
aka
ƒf
&
LL
/\
)\e
\gym
a)ƒ
y=
ƒ
� \ / }_
«&
\\
)�f
/22
Co
js7 ƒo
\
ƒ)
j7
»)«t
§k)
=I
0
j
§
�
)\
e
%
{
5�
.0 9 2 7
\~a§ - k��22�
00___ „___
2I8 /�,��$Gt
27
$07Lu EZ 78 ;e2
a £
S) 220
2
2
]/f CL
�4)
¢)0ƒ] ]
c-
RE ;c]\
oo4) e =o
_u -0 �._
-
�f 0Q tr
cL E:Eo T■
=U)0 0�
__
,e2 0 ' in
.000 —.tr-
cL E o :E '" ■
2 %] §27
mmmoin a-0 m
=kCL
E>%
CL
-§ »g
)��
0 2�0
fin 0
U)x=
p�wc mCL— .
§ �
) &\
} \k
\
¥
0
\
\
U)
£
\
\
0
E
)
e
SECTION 14. If any part, section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Vail Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections, sentences,
clauses or phrases be declared invalid.
SECTION 15. The Vail Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and
the inhabitants thereof. The Council's finding, determination and declaration is based upon
the review of the criteria prescribed by the Town Code of Vail and the evidence and
testimony presented in consideration of this ordinance.
SECTION 16. The amendment of any provision of the Town Code of Vail as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other
action or proceeding as commenced under or by virtue of the provision amended. The
amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
SECTION 17. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 5t" day of October, 2010 and a
public hearing for second reading of this Ordinance set for the _ day of , 2011, at
6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND
READING AND ORDERED PUBLISHED IN FULL this day of , 2011.
Richard D. Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
DRAFT Ordinance No. 15, Series of 2010
DRAFT
RESOLUTION NO. 23
Series of 2010
A RESOLUTION AMENDING CHAPTER VII, VAIL VILLAGE SUB - AREAS, EAST GORE CREEK
SUB -AREA ( #6), VAIL VILLAGE MASTER PLAN TO INCLUDE RECOMMENDATIONS
RELATED TO A NEW VAIL VILLAGE TOWNHOUSE (WT) DISTRICT, AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, Chapter VIII, Implementation and Amendment, Vail Village Master Plan, sets
forth the procedures for amending the Town's Zoning Regulations; and,
WHEREAS, the adoption of the Vail Village Townhouse (VVT) District necessitates
associated updates to the Vail Village Master Plan; and,
WHEREAS, the purpose of these amendments is to establish recommendations and design
considerations for the redevelopment of existing townhouse properties in Vail Village; and,
WHEREAS, the purpose of these amendments is to preserve the existing character of the
townhouse properties in Vail Village and to preserve the existing character of the neighborhood;
and,
WHEREAS, on August 23, 2010 the Town of Vail Planning and Environmental
Commission held a public hearing on the application to amend the Town's Zoning Regulations and
establish the Vail Village Townhouse District and associated amendments to the Vail Village
Master Plan; and,
WHEREAS, the Town of Vail Planning and Environmental Commission forwarded a
recommendation of approval, with modifications, of the proposed Vail Village Master Plan
amendments to the Vail Town Council by a vote of 5 -0 -1; and,
WHEREAS, the Vail Town Council finds and determines 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,
WHEREAS, the Vail Town Council finds and determines that the amendment to the Vail
Village Master Plan furthers the general and specific purposes of the plan; and,
WHEREAS, the Vail Town Council finds and determines 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.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
SECTION 1. Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6), Vail
Village Master Plan, is hereby amended in part as follows (text to be deleted is in
strikethr„ gI , text that is to be added is bold, and sections of text that are not amended
have been omitted):
EAST GORE CREEK SUB AREA ( #6)
DRAFT Resolution No. 23, Series of 2010
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 4e-�y limited amount of support commercial. Surface
parking is found at each site, which creates a vAa-ry 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. These T#1 s developments 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 sub -area
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, gross residential floor area,
setbacks, site coverage, landscape area) of the High Density Multiple Family
(HDMF) District. It is recommended that greater flexibility with the
development standards may be necessary to allow these townhouse projects
to redevelop. This flexibility may be achieved through the rezoning to the Vail
Village Townhouse (WT) District. However, the granting of variances or
rezoning to the Vail Village Townhouse (VVT) District 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 as ^ °" °ls deSigR ` GRSidera+innc
FEB t+v° +„ FedeVeIGPMeR+ r,rnr,n _ 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 may w+µ attract additional traffic
and population into this area and may have significant impacts upon portions of
Sub -Areas 7 and 10.
There are several existing townhouse developments in the East Gore Creek
Sub -Area, including the Vail Townhouses, Vail Row Houses, Vail Trails Chalet,
Vail Trails East, and Texas Townhomes. These design considerations provide
recommendations for the redevelopment of these properties. The purpose of
these design considerations is to preserve the unique character of the
existing townhouse properties in Vail Village. Redevelopment should be
consistent with the existing pedestrian- oriented, urban character of Vail
Village. All demo /rebuild and new construction projects in the Vail Village
Townhouse District shall comply with these guidelines. It is understood that
renovations to existing buildings may be unable to fully comply with some of
these design considerations. Redevelopment to existing buildings will be
evaluated on a case -by -case basis, with determination of compliance based
upon whether the renovation to an existing building meets the general intent
of these design considerations.
DRAFT Resolution No. 23, Series of 2010
A. Zoning: The existing townhouse properties in the East Gore Creek Sub -
Area including the Vail Townhouses, Vail Row Houses, Vail Trails Chalet, Vail
Trails East, and Texas Townhomes should be rezoned from the High Density
Multiple - Family (HDMF) District to the Vail Village Townhouse (VVT) District.
B. Development Pattern: Townhouse properties in the East Gore Creek Sub -
Area should exhibit the appearance and characteristics of a residential row
style development. Buildings should face the street and appear to be a series
of proportionally sized, individual dwelling units (occupying the space from
the ground to the roof) that are attached inline by shared side walls.
Buildings should exhibit these characteristics regardless of ownership
patterns or the horizontal and vertical subdivision of properties, and should
create a perceived dwelling unit occupying the space within a building from
the ground to the roof.
(Insert Image)
C. Architectural Theme: The existing architectural and aesthetic character of
the townhouse properties in Vail Village shall be preserved.
1. Units: The architectural theme of each dwelling unit or perceived
dwelling unit (occupying the space within a building from the ground to
the roof) shall be expressed on all sides of that unit to create an
architecturally integrated unit.
2. Buildings: Townhouse buildings shall express an architectural
theme of either uniformity or individuality. To portray architectural and
aesthetic integrity, a combination of both themes within a single
building is discouraged.
a. Uniformity: Townhouse buildings may express a singular,
unified architectural theme in which every perceived dwelling
unit (occupying the space from ground to the roof) in a building
is composed of substantially the same exterior design,
materials, textures, and colors.
b. Individuality: Townhouse buildings may express an
individualistic architectural theme in which each perceived
dwelling unit (occupying the space from ground to the roof) in a
building varies in exterior design, materials, textures, and
colors; so that abutting units do not have the same architectural
treatment. This expression of individuality among units must be
balanced with the character of the adjacent units and the
building as a whole.
(Insert Image)
D. Building Form and Massing: Buildings shall step back from the front
property line to create the appearance of a two -story fagade along the street.
For the purposes of these design considerations, a story is considered the
space between the surface of any floor and the next floor or ceiling above, not
exceeding eleven feet in height.
DRAFT Resolution No. 23, Series of 2010
The front fagade of the first floor or street level and the second floor shall be
located within 20 to 28 feet of the front property line. The front fagade of the
third floor and any floors above shall step back 8 to 10 feet from the fagade of
the second floor below.
(Insert Image)
E. Street Edge: Front fagade shall be generally parallel to the street and form a
strong, but irregular edge to the street. Front fagades shall generally align
with adjacent units and buildings to create a sense of street enclosure and
continuity, but shall have enough offset between units and buildings to create
visual interest.
(Insert Image)
F. Fagade: To reduce the appearance of building height and mass, and to
create a residential scale and character, all fagades shall incorporate vertical
and horizontal articulation to reduce the appearance of building height and
mass and to foster the appearance of an urban residential neighborhood.
Fagades should incorporate doors, decks, porches, balconies, fenestration,
recesses, bay windows, ornamentation, and other traditional architectural
elements. No fagade shall appear to be a large unbroken plane. To preserve
the existing pedestrian scale and residential character of the neighborhood,
dwelling unit entries are encouraged on the front of the building; however,
garage entries are strongly discouraged on the front fagade.
G. Cantilevers: On the front fagade, floor area cantilevered more than three
feet beyond the level below is strongly discouraged. Cantilevered floor areas
shall not be stacked or cantilevered atop one another.
(Insert Image)
H. Roof Pitch: The primary roof form should be sloping with pitches from 3:12
to 6:12. Secondary roofs should be sloping with pitches from 6:12 to 9:12 and
flat roofs may have limited use as secondary roofs for decks and mechanical
equipment areas. Mansard roofs create the perception of additional bulk and
mass and are inconsistent with the architectural character of the existing
townhouse properties and the existing neighborhood. Therefore, mansard
roofs are strongly discouraged.
I. Roof Ridge: The primary roof ridges shall be parallel with the front fagade of
the building and should be oriented to not shed snow or rain onto adjacent
properties. To create visual interest and to reduce the perception of building
bulk and mass, roofs shall not create the appearance of continuous ridges
between units or buildings. Roof ridges should be articulated by stepping in
elevation and varying from front to rear. Dormers and other secondary roof
forms may also be used minimize the perception of a continuous ridge.
(Insert Image)
DRAFT Resolution No. 23, Series of 2010
J. Fences and Site Walls: Privacy fences and walls along the street are
strongly discouraged, except to screen trash areas, utility equipment, and
other similar items.
K. Landscaping: Landscaping should be used to create privacy and to soften
the visual transition from roadway and parking areas to the building fagades.
L. Deck Rails: Deck rails shall be designed to minimize the perception of
additional building bulk and mass. Deck rails should incorporate
transparency, material changes, and stepping in alignment from other
building elements. Solid railings that appear to extend the exterior wall
material from below are strongly discouraged.
M. Parking: Off - street parking should be located on at -grade surface
driveways or in below grade shared parking structures. Off - street parking
should not be accommodated with individual or shared garages, carports, or
parking structures on the first floor or street level.
#6 -1 Resmdep+m ° ; ;l I Texas Townhomes /Vail Trails
PK9}eGt. To encourage redevelopment and to maintain the existing character of
the neighborhood, the Vail Village Townhouse (WT) District was established
to grant additional gross residential floor area over what was allowed under
High Density Multiple Family (HDMF) District zoning. 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. This will allow for increased landscaping and overall improvements to
pedestrian ways to create a park -like setting on the surface in this area.
Redevelopment shall maintain the existing character of the neighborhood,
with the appearance of 2 -3 story buildings along the street 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.
#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
#6 -3 Vail Row Houses
To encourage redevelopment, the Vail Village Townhouse (VVT) District was
established to grant additional gross residential floor area over what was
allowed under High Density Multiple Family (HDMF) District zoning. 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
5
DRAFT Resolution No. 23, Series of 2010
tandem parking when possible). Where possible, driveway widths shall be
minimized and areas for landscaping increased. Surface parking shall be
improved when redevelopment occurs using high quality landscape paver
treatments and the current post and chain parking delineation shall be
replaced with other methods to identify private parking. Redevelopment shall
maintain the existing character of the neighborhood, with the appearance of 2-
3 story buildings along the street elevation. Improvements to the Gore Creek
stream corridor, consistent with Town policies, shall be considered with
redevelopment applications. Special emphasis on 1.2, 2.3, 2.6, 3.1, 5.1, 6.2.
_
6-3
ec
4,F VLLA-GE
a •k
j
EAST
'7;IE,r -x
f �
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Vail held this _ day of , 2011.
Richard D. Cleveland,
Mayor of the Town of Vail, Colorado
ATTEST:
Lorelei Donaldson,
Town Clerk
6
DRAFT Resolution No. 23, Series of 2010
J� I :i
Mauriello Planning Group
July 8, 2011
Planning and Environmental Commission
c/o Bill Gibson, AICP
Planner 2
Town of Vail
75 South Frontage Road
Vail, Colorado 81620
Re: New Proposal for Vail Town House Zone District
Dear Planning and Environmental Commission and staff:
I am writing you on behalf of my client, Chris Galvin. In response to a thoughtful e -mail from
George Ruther, Mr. Galvin observed that he (Mr. Galvin) withdrew his first application
because the significant evolutionary changes between October 2010 & February 2011 caused
his first the application to be a "new one" and should, given the town's processes, be returned
to the PEC for review. With Mr. Ruther's communication that the TOV will pursue efforts to
create a revised Townhome zoning district in a shorter timeframe than Mr. Galvin anticipated,
Mr. Galvin is submitting a second and revised proposal for the Vail Town House Zone
District. He is doing this at the invitation of Mr. Ruther to weigh -in with Mr. Galvin's
experiences on the project over the last few years.
Attached you will find our revised formal proposal (Galvin Proposal 11) in ordinance and
resolution format which we submit for consideration again into the Town's review process.
We have highlighted changes to the two sections we believe are important to creating a zone
district that will allow for the modern redevelopment of the town house properties in Vail
Village (Vail's 2nd 50 years), given the precedent of the scale of projects approved in the
neighborhood, such as the Tivoli, the Ramshorn, etc. Most of these town house properties
were originally developed in the 1960's before the Town was incorporated.
As you are aware, we have worked collaboratively on changes to the zone district for many
months with Town staff. We have studied the current staff proposal in depth and generated
physical models to understand it fully. It was through this detailed analysis that we arrived at
these conclusions:
• The 1.25 GRFA ratio is too restrictive.
As you know, in October of last year, the Planning and Environmental Commission
recommended a GRFA ratio of 1.35 to the Town Council before any of these bulk
controls were proposed. The extensive bulk and mass controls being proposed (fa4ade
rules, lowered building height, site coverage, setbacks, and step backs) were conceived
to encourage a less restrictive GRFA limitation on Vail's Townhouses going forward.
• The third floor step -back of 8' to 10' (bulk and mass controls) severely compromises
the functionality of the third floor, which is the most important floor on these small
town house lots. The third floor is the story that captures the views of Vail Mountain
and the floor that with any redevelopment of these properties is the logical living,
kitchen, and gathering area for families in these units. We believe we have provided a
compromise with the step -back language that allows the third floor to be appropriately
redeveloped while achieving the architectural qualities desired by the Town.
Attached you will find the formal Galvin Vail Town Home District Proposal II we are
submitting to the Town. We believe what we have submitted is the optimal of a variety of
alternatives. There are other alternatives as noted below. All of us are pursuing a set of
regulations that allow for the flexibility in design and square footage that will have no
significant difference in impact on the community or pedestrians along Gore Creek Drive.
Below is a summary of the proposed revisions.
GRFA Alternative # 1:
Dwelling units within this District shall be exempt from Gross Residential Floor Area as the
volume of dwelling units shall be controlled by the bulk and mass controls found herein and
within the Vail Village Master Plan.
Commentary: Similar to what has been done in the Grand Traverse Subdivision (which has
no GRFA limitations) without negative impacts to the community, this could be a great
opportunity to simplify the regulation of these town house properties. This would rely on the
significant bulk and mass standards being adopted into the Vail Village Master Plan, allowing
freedom to design and use floor area as the owner sees fit. We believe that what sets this
zone district apart from all other zone districts, is the adoption of significant bulk and mass
controls and the lowering of building height.
During the process over the last year of reviewing potential alternatives for regulating the
redevelopment of these Vail Village town house properties, the Town's consultant, Jeff
Winston, encouraged moving forward with an approach that eliminated GRFA and relied
upon design controls that would result in desired built forms and the desired outcome, rather
than the focus on GRFA, which has little to do with the desired architectural outcomes. One
model initially developed by Jeff Winston indicated that with all of the desired architectural
outcomes the resulting GRFA ratio would be 1.6.
We believe that this option should be studied in more detail and Mr. Galvin is willing to fund a
consultant for the Vail Village and PEC to further develop this alternative.
This is an alternative approach to GRFA limitations.
2
GRFA Alternative #2:
Not more than one hundred fifty (150square feet of gross residential floor area (GRFA) shall
be permitted for each one hundred (100) square feet of total site area. 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.
Commentary: This GRFA proposal at a ratio of 1.5 is a second alternative if the Town does
not trust the bulk and mass controls, the review process, or that the Design Review Board
can implement the Town's controls and design guidelines adequately. We believe that history
shows that when the appropriate guidelines are in place, the staff and the Design Review
Board do a great job of ensuring that development occurs in an appropriate manner. The
ratio of 1.5 will allow adequate freedom while maintaining an upper limit. Lionshead is a good
example of allowing bulk and mass controls other than GRFA to regulate the size of buildings
(noting that Lionshead allows for building heights of 82.5'). In Lionshead, no projects have
been redeveloped close to the GRFA ratio of 2.5.
GRFA Alternative #3:
Not more than one hundred thirty -five (135) square feet of gross residential floor area
(GRFA) shall be permitted for each one hundred (100) square feet of total site area. In this
district, the entire lowest level of a structure (that level substantially below street level) shall
be excluded from the calculation of GRFA. 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.
Commentary: This alternative returns to the original PEC recommendation of 1.35 for a
GRFA ratio but corrects some of the inequities that exist with the GRFA credit for basement
space. This proposal evens the playing field for all properties that may be rezoned regardless
of topography and allows the lowest level (below street level) of the building to have a full
GRFA credit.
We believe that any of these alternatives will treat the properties in this proposed district
fairly and allow freedom to operate within the bulk and mass standards.
Alternative to D. Building Form and Massing:
Within the resolution that is adopting design standards for this zone district within the Vail
Village Master Plan, we offer an alternative to the proposed step back standards that we
believe will allow for additional creativity and setback along the pedestrian frontage of these
town house properties. Noting that the third floor of the building is the most important for
3
views and functionality of the home, we believe these changes are critical to the success of the
regulations regardless of the GRFA alternative selected.
D. Building Form and Massing: Buildings shall step back from the front property line to create
the appearance of a two -story to three -story facade along the street. For the purposes of
these design considerations, a story is considered the space between the surface of any floor
and the next floor or ceiling above, not exceeding eleven feet in height.
The front facade of the first floor or street level and the second floor shall may be located
within 20 to 25 feet of the front property line where the front facade of the third floor and
any floors above shall step back 5 to 7 feet from the facade of the first or second floors
below. If the front facade of the first floor or street level and the second floor is located
more than 25' to the front property line, the facade of the third floor and any floors above
shall step back 3 to 5 feet from the facade of the first or second floor below.
Commentary: The staff proposed language encourages buildings to be built as close to the
front setback line as possible and has a fairly restrictive 8' to 10' third floor step back
requirement. Our proposal, allows a slightly less dramatic step back requirement that we
believe achieves the same goal of the perceived building height along the road. Additionally,
our proposal language allows a building to be moved further from the property line, providing
more room for landscaping and other grade level improvements. There is an adjustment to
the step back of the third floor to 3' to 5' in recognition of this additional setback from the
front property line. We believe this change will allow for creativity in design while maintaining
the goal of the perception of a 2.5 to 3 -story facade along the street.
If you consider that in Lionshead the required step -back is 12' after the second story for a
building that can range in height from 70' to 80' in height and in this case we are considering a
step -back for a building that is three stories along the south elevation, a 5' step -back seems
more reasonable and proportional to the impact of the building height.
We appreciate the opportunity to present these proposed changes to the district that we
believe help improve the new zone district. We look forward to presenting these and
discussing these with staff and the Planning and Environmental Commission.
If you have any questions, please do not hesitate to call me.
Sincerely,
Dominic F. Mauriello, AICP
Principal
C: Chris Galvin
rd
'MV I Zei
Mouriello Planning Group
Galvin Proposal #2
Changes to Vail Townhouse District
Galvin proposed changes in strike - through (highlighted in red) for deleted text and blue
font for added text.
SECTION 1. Table of Contents, Title 12, Zoning Regulations, Vail Town Code, is hereby
amended in part as follows (text to be deleted is in StFikethFeugI4, text that is to be added is
bold, and sections of text that are not amended have been omitted):
Vail Village Townhouse (VVT) District ... 6J
SECTION 2. Section 12 -2 -2, Definitions, Vail Town Code, is hereby amended in part as
follows (text to be deleted is in 6tFikethFeYgI4, text that is to be added is bold, and sections of
text that are not amended have been omitted):
TOWNHOUSE BUILDING: A multiple - family building with one - family dwelling
units erected in a row, each being separated from the adjoining unit or units
by a party wall or walls usually extending from the basement floor to the roof.
INDIVIDUALLY PLATTED TOWNHOUSE LOT: A dwelling unit within a
townhouse building subdivided as an individual development site.
SECTION 3. Section 12 -4 -1, Designated, Vail Town Code, is hereby amended in part as
follows (text to be deleted is in StFikethFeugI4, text that is to be added is bold, and sections of
text that are not amended have been omitted):
The following zone districts are established:
Vail Village Townhouse (WT) District
SECTION 4. Chapter 12 -6, Residential Districts, Vail Town Code, is hereby established as
follows (text that is to be added is bold):
ARTICLE J. VAIL VILLAGE TOWNHOUSE (WT) DISTRICT
12 -6J -1: PURPOSE:
The Vail Village Townhouse District is intended to provide sites for and
maintain the unique character of existing townhouse and row house
properties 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 year -round community and, where
permitted, are intended to blend harmoniously with the residential character of
the zone district.
This zone district was established to regulate existing townhouse and row
house properties that were legally nonconforming in the High Density Multiple
Family District. The Vail Village Townhouse District is meant to encourage
and provide incentives for redevelopment of existing townhouse properties in
accordance with the Vail Village Master Plan. The incentives in this zone
district include differentiating between properties subdivided and regulated as
townhouse buildings from those properties subdivided and regulated as
individually platted townhouse lots, reductions in lot area standards,
reductions in setbacks, increases in density, increases in gross residential
floor area (GRFA), reductions in landscaping area, and reductions in parking
design requirements. More restrictive design consideration requirements
have been applied to these properties in accordance with the Vail Village
Master Plan to maintain the unique character of existing townhouse and row
house developments in Vail Village.
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.
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.
Home child daycare facilities, as further regulated by section 12 -14 -12
of this title.
Public buildings, grounds and 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.
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 for a townhouse building shall be ten thousand
(10,000) square feet of total site area. Each site shall have a minimum frontage
of twenty feet (20'). The minimum lot or site area shall be two thousand
(2,000) square feet of total site area for individually platted townhouse lots,
each site shall have a minimum frontage of twenty feet (20').
2
12 -6J -6: SETBACKS:
The minimum setback shall be twenty feet (20') from the front, side, and rear
property lines. The minimum setback shall be zero feet (0') from property lines
between attached dwelling units.
12 -6J -7: HEIGHT:
For a flat roof, the height of buildings shall not exceed forty feet (40'). For a
sloping roof, the height of buildings shall not exceed forty three feet (43').
12 -6J -8: DENSITY CONTROL:
The existing number of legally established units on a development site or
twenty -five dwelling units per acre of total site area, whichever is greater, shall
be allowed. A dwelling unit 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:
Alternative #1: Dwelling units within this District shall be exempt from Gross
Resdiential Floor Area as the volume of dwelling units shall be controlled by
the bulk and mass controls found herein and within the Vail Village Master
Plan.
Or
Alternative #2:
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. 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.
Or
Alternative #3:
Not more than one hundred thirty -five (135) square feet of gross residential
floor area (GRFA) shall be permitted for each one hundred (100) square feet of
total site area. In this district, the entire lowest level of a structure shall be
excluded from the calculation of GRFA. 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.
3
Type
III
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:
At least twenty percent (20 %) 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 legally established within the street right -of -way
may be continued subject to a revocable right -of -way permit issued by the
Town of Vail.
12- 6J -13: COMPLIANCE BURDEN:
It shall be the burden of the applicant to prove by a preponderance of the
evidence before the Design Review Board and /or Administrator that the
proposed new construction, addition, or minor exterior alteration is in
compliance with the applicable elements of the Vail Village Master Plan, Vail
Village Urban Design Guide Plan, and the Vail Village Design Considerations.
SECTION 5. Section 12- 10 -17 -13, Lease Qualifications, Vail Town Code, is hereby
amended in part as follows (text to be deleted is in StFikethFeYgI4, text that is to be added is
bold, and sections of text that are not amended have been omitted):
1. Any owner, occupant or building manager who owns, occupies or manages ten
(10) or more private parking spaces located in commercial core 1, commercial core
2, commercial core 3, high density multiple - family, Vail Village Townhouse, public
accommodations, Lionshead mixed use 1, Lionshead mixed use 2, or special
development zone districts and provides sufficient parking for use by employees
may apply to the administrator of the town for a permit to lease parking spaces.
SECTION 6. Section 12 -13 -4, Requirements by Employee Housing Unit (EHU) Type, Vail
Town Code, is hereby amended in part as follows (text to be deleted is in StFikethFeYgI4, text
that is to be added is bold, and sections of text that are not amended have been omitted):
Residential cluster
The EHU The EHU
Low density multiple - family
may be is
Medium density multiple-
sold or excluded
family
transferred from the
High density multiple - family
separately. calculatio
Vail Village Townhouse
n of
Public accommodation
GRFA.
Commercial core 1
Commercial core 2
Commercial core 3
Commercial service center
Arterial business
Heavy service
Lionshead mixed use 1
Lionshead mixed use 2
Public accommodation 2
Ski base /recreation
Ski base /recreation 2
Special
development district
Parking district
General use
4
n/a
n/a Per
chapter
10 of
this title
as a
dwelling
unit.
A. Dwelling
The EHU is
unit: 300 sq.
excluded
ft. minimum
from the
and 1,200
calculation
sq. ft.
of density.
maximum.
B. Dormitory
unit: 200 sq.
ft. minimum
for each
person
occupying
the EHU.
SECTION 7. Section 12 -15 -2, GRFA Requirements By Zone District, Vail Town Code, is
hereby amended in part as follows (text to be deleted is in stFikethFeYgI4, text that is to be
added is bold, and sections of text that are not amended have been omitted):
Zone Districts GRFA Credits
(Added To Results Of
GRFA Ratio Application Of Percentage)
VVT 1.25 of total site area None
Vail Village Townhouse
SECTION 8. Section 12 -15 -3, Definition, Calculation, and Exclusions, Vail Town Code, is
hereby amended in part as follows (text to be deleted is in stpikethpe gI text that is to be
added is bold, and sections of text that are not amended have been omitted):
B. Within The Residential Cluster (RC), Low Density Multiple - Family (LDMF),
Medium Density Multiple - Family (MDMF), High Density Multiple - Family (HDMF),
A444 Housing (H), and Vail Village Townhouse (VVT) Districts:
SECTION 9. Section 12 -15 -3, Definition, Calculation, and Exclusions, Vail Town Code, is
hereby amended in part as follows (text to be deleted is in StFikethFeUgI4, text that is to be
added is bold, and sections of text that are not amended have been omitted):
C. Within All Districts Except The Hillside Residential (HR), Single - Family
Residential (SFR), Two - Family Residential (R), Two - Family Primary/Secondary
(PS), Residential Cluster (RC), Low Density Multiple - Family (LDMF), Medium
Density Multiple - Family (MDMF), High Density Multiple - Family (HDMF), A-R4
Housing (H), and Vail Village Townhouse (WT) Districts:
SECTION 10. Section 12 -15 -4, Interior Conversions, Vail Town Code, is hereby amended
in part as follows (text to be deleted is in StFikethFeYgI4, text that is to be added is bold, and
sections of text that are not amended have been omitted):
B. Applicability: Within all zone districts except the single - family residential
(SFR), two- family residential (R), aP4 two - family primary /secondary residential
(PS), and Vail Village Townhouse (VVT) districts, dwelling units that meet or
exceed allowable GRFA will be eligible to make interior conversions provided the
following criteria are satisfied:
1. Any existing dwelling unit shall be eligible to add GRFA, via the "interior space
conversion" provision in excess of existing or allowable GRFA including such
units located in a special development district; provided, that such GRFA
complies with the standards outlined herein.
2. For the purpose of this section, "existing unit" shall mean any dwelling unit that
has been constructed prior to August 5, 1997, and has received a certificate of
occupancy, or has been issued a building permit prior to August 5, 1997, or has
received final design review board approval prior to August 5, 1997.
SECTION 11. Section 12 -15 -5, Additional Gross Residential Floor Area (250 Ordinance),
Vail Town Code, is hereby amended in part as follows (text to be deleted is in StFikethFeYgI4,
5
text that is to be added is bold, and sections of text that are not amended have been
omitted):
B. Applicability: The provisions of this section shall apply to dwelling units in all zone
districts except the single - family residential (SFR), two - family residential (R), aP4
two - family primary/secondary residential (PS), and Vail Village Townhouse (VVT)
districts.
SECTION 12. Section 12 -24 -1, Inclusionary Zoning, Vail Town Code, is hereby amended in
part as follows (text to be deleted is in stpikethpe gl text that is to be added is bold, and
sections of text that are not amended have been omitted):
B. This chapter shall apply to all new residential development and redevelopment
located within the following zone districts, except as provided in section 12 -24 -5 of
this chapter:
2. Vail Village Townhouse (VVT)
SECTION 13. Section 14 -8 -1 Site Development Standards, Inclusionary Zoning, Vail Town
Code, is hereby amended in part as follows (text to be deleted is in strike +hpe gl , text that is
to be added is bold, and sections of text that are not amended have been omitted):
0
I 'MV I Zei
Galvin Proposal #2 Mouriello planning Group
Changes to Vail Village Master Plan
Galvin proposed changes in strike - through (highlighted in red) for deleted text and blue font
for added text.
SECTION 1. Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6), Vail
Village Master Plan, is hereby amended in part as follows (text to be deleted is in
text that is to be added is bold, and sections of text that are not amended
have been omitted):
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 va:y limited amount of support commercial. Surface
parking is found at each site, which creates a ve;y 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. These T4s developments 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 sub -area
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, gross residential floor area,
setbacks, site coverage, landscape area) of the High Density Multiple Family
(HDMF) District. It is recommended that greater flexibility with the
development standards may be necessary to allow these townhouse projects
to redevelop. This flexibility may be achieved through the rezoning to the Vail
Village Townhouse (VVT) District. However, the granting of variances or
rezoning to the Vail Village Townhouse (WT) District 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
rel-Afive to Fede elepmeRt PFePe 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 may w4 attract additional traffic
and population into this area and may have significant impacts upon portions of
Sub -Areas 7 and 10.
1
There are several existing townhouse developments in the East Gore Creek
Sub -Area, including the Vail Townhouses, Vail Row Houses, Vail Trails Chalet,
Vail Trails East, and Texas Townhomes. These design considerations provide
recommendations for the redevelopment of these properties. The purpose of
these design considerations is to preserve the unique character of the
existing townhouse properties in Vail Village. Redevelopment should be
consistent with the existing pedestrian- oriented, urban character of Vail
Village. All demo /rebuild and new construction projects in the Vail Village
Townhouse District shall comply with these guidelines. It is understood that
renovations to existing buildings may be unable to fully comply with some of
these design considerations. Redevelopment to existing buildings will be
evaluated on a case -by -case basis, with determination of compliance based
upon whether the renovation to an existing building meets the general intent
of these design considerations.
A. Zoning: The existing townhouse properties in the East Gore Creek Sub -
Area including the Vail Townhouses, Vail Row Houses, Vail Trails Chalet, Vail
Trails East, and Texas Townhomes should be rezoned from the High Density
Multiple - Family (HDMF) District to the Vail Village Townhouse (VVT) District.
B. Development Pattern: Townhouse properties in the East Gore Creek Sub -
Area should exhibit the appearance and characteristics of a residential row
style development. Buildings should face the street and appear to be a series
of proportionally sized, individual dwelling units (occupying the space from
the ground to the roof) that are attached inline by shared side walls.
Buildings should exhibit these characteristics regardless of ownership
patterns or the horizontal and vertical subdivision of properties, and should
create a perceived dwelling unit occupying the space within a building from
the ground to the roof.
(Insert Image)
C. Architectural Theme: The existing architectural and aesthetic character of
the townhouse properties in Vail Village shall be preserved.
1. Units: The architectural theme of each dwelling unit or perceived
dwelling unit (occupying the space within a building from the ground to
the roof) shall be expressed on all sides of that unit to create an
architecturally integrated unit.
2. Buildings: Townhouse buildings shall express an architectural
theme of either uniformity or individuality. To portray architectural and
aesthetic integrity, a combination of both themes within a single
building is discouraged.
a. Uniformity: Townhouse buildings may express a singular,
unified architectural theme in which every perceived dwelling
unit (occupying the space from ground to the roof) in a building
is composed of substantially the same exterior design,
materials, textures, and colors.
b. Individuality: Townhouse buildings may express an
individualistic architectural theme in which each perceived
dwelling unit (occupying the space from ground to the roof) in a
building varies in exterior design, materials, textures, and
colors; so that abutting units do not have the same architectural
treatment. This expression of individuality among units must be
balanced with the character of the adjacent units and the
building as a whole.
(Insert Image)
D. Building Form and Massing: Buildings shall step back from the front
property line to create the appearance of a two -story fagade along the street.
For the purposes of these design considerations, a story is considered the
space between the surface of any floor and the next floor or ceiling above, not
exceeding eleven feet in height.
The front fagade of the first floor or street level and the second floor = may
be located within 20 to 0 25 feet of the front property line where the front
fagade of the third floor and any floors above shall step back 15 to 0 7 feet
from the fagade of the first or second floors below. If the front fagade of the
first floor or street level and the second floor is located more than 25' to the
front property line, the fagade of the third floor and any floors above shall step
back 3 to 5 feet from the fagade of the first or second floor below.
(Insert Image)
E. Street Edge: Front fagade shall be generally parallel to the street and form a
strong, but irregular edge to the street. Front fagades shall generally align
with adjacent units and buildings to create a sense of street enclosure and
continuity, but shall have enough offset between units and buildings to create
visual interest.
(Insert Image)
F. Fagade: To reduce the appearance of building height and mass, and to
create a residential scale and character, all fagades shall incorporate vertical
and horizontal articulation to reduce the appearance of building height and
mass and to foster the appearance of an urban residential neighborhood.
Fagades should incorporate doors, decks, porches, balconies, fenestration,
recesses, bay windows, ornamentation, and other traditional architectural
elements. No fagade shall appear to be a large unbroken plane. To preserve
the existing pedestrian scale and residential character of the neighborhood,
dwelling unit entries are encouraged on the front of the building; however,
garage entries are strongly discouraged on the front fagade.
G. Cantilevers: On the front fagade, floor area cantilevered more than three
feet beyond the level below is strongly discouraged. Cantilevered floor areas
shall not be stacked or cantilevered atop one another.
(Insert Image)
H. Roof Pitch: The primary roof form should be sloping with pitches from 3:12
to 6:12. Secondary roofs should be sloping with pitches from 6:12 to 9:12 and
flat roofs may have limited use as secondary roofs for decks and mechanical
equipment areas. Mansard roofs create the perception of additional bulk and
mass and are inconsistent with the architectural character of the existing
townhouse properties and the existing neighborhood. Therefore, mansard
roofs are strongly discouraged.
I. Roof Ridge: The primary roof ridges shall be parallel with the front facade of
the building and should be oriented to not shed snow or rain onto adjacent
properties. To create visual interest and to reduce the perception of building
bulk and mass, roofs shall not create the appearance of continuous ridges
between units or buildings. Roof ridges should be articulated by stepping in
elevation and varying from front to rear. Dormers and other secondary roof
forms may also be used minimize the perception of a continuous ridge.
(Insert Image)
J. Fences and Site Walls: Privacy fences and walls along the street are
strongly discouraged, except to screen trash areas, utility equipment, and
other similar items.
K. Landscaping: Landscaping should be used to create privacy and to soften
the visual transition from roadway and parking areas to the building fagades.
L. Deck Rails: Deck rails shall be designed to minimize the perception of
additional building bulk and mass. Deck rails should incorporate
transparency, material changes, and stepping in alignment from other
building elements. Solid railings that appear to extend the exterior wall
material from below are strongly discouraged.
M. Parking: Off - street parking should be located on at -grade surface
driveways or in below grade shared parking structures. Off - street parking
should not be accommodated with individual or shared garages, carports, or
parking structures on the first floor or street level.
#6 -1 ResodeRtial 1 Texas Townhomes/Vail Trails
pFejeet. To encourage redevelopment and to maintain the existing character of
the neighborhood, the Vail Village Townhouse (VVT) District was established
to grant additional gross residential floor area over what was allowed under
High Density Multiple Family (HDMF) District zoning. 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. This will allow for increased landscaping and overall improvements to
pedestrian ways to create a park -like setting on the surface in this area.
Redevelopment shall maintain the existing character of the neighborhood,
with the appearance of 2 -3 story buildings along the street 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.
#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
4
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
#6 -3 Vail Row Houses
To encourage redevelopment, the Vail Village Townhouse (VVT) District was
established to grant additional gross residential floor area over what was
allowed under High Density Multiple Family (HDMF) District zoning. 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). Where possible, driveway widths shall be
minimized and areas for landscaping increased. Surface parking shall be
improved when redevelopment occurs using high quality landscape paver
treatments and the current post and chain parking delineation shall be
replaced with other methods to identify private parking. Redevelopment shall
maintain the existing character of the neighborhood, with the appearance of 2-
3 story buildings along the street elevation. Improvements to the Gore Creek
stream corridor, consistent with Town policies, shall be considered with
redevelopment applications. Special emphasis on 1.2, 2.3, 2.6, 3.1, 5.1, 6.2.
MF tIDO e
®, 6 -3
lv`"
KIE
Jr
■
(L)
3
O
t
C
3
(L)
OA
cv
V
LM
(A
d!
C
O
N
FM
w
41
E
Q
0
0
0
D0)
o�
0
U
0
cn
w
_W
E000"ft% >
L O '
O
LL
a
Q LL O
LL pC • Ul,
(D DC �
a�
LL >
� 0 0
O
o
r."' L
O O .�
x Lr)
Q
V) 0
N �
X
4-J O Q
Ln
•- II II
X
w Q m
Lunn
%Wft 000
a
LL
a� o
o =
a
N �
O •�
Lr)
N •�
X LU
� I I
U
+
I I �
a
•O
-1-j
cc
nro
a
LL
nc
a�
c�
0
a
I I
N
cry
O
a
LL
Q
0
0
DCY)
E�
E0
0
or-I
U
0
O
ca
oC
LL
a
rvc
(D
4-)
(A
0
a
GX
W
0)
0)
O
O
O
O
Qo
m w w
O m
a�
O
O
,• ••
O O J
= U w
ca ca ca ca �
E
Q
0
0
0
DCY)
E�
E0
0
Or-I
U
O
O
ca
oC
a
LL
cc
(D
A
n
C�
O
a--)
LA
X
W
'^ M
0 �
0
N �
O m Qo
O
Q
O a� a
Lr) N V)
O O
cn s 2
� p O
O
O O
Lr) Lr) N
• • A
W • • E
(D O
Jc: C,
U w C:
— — O
ca ca �
E
Q
0
0
0
DCY)
E�
E0
0
o
U
O
C
H
O
+� C-
ca O M �
a--' �--I
Q •—
LL O O
rvoo O M ("0 r**% N 00
V rl r**% N M 00
rl O rl rl O
• • cn
O V) V) +�
0) 0) E
< Jc:
p O � ca
t�A = U w C:
pC cn
LU
ca ca ca ca �
> > > >
Q
0
0
0
D0)
E�
E0
0
or-I
U
0
(L)
3
O
t
3
(L)
uA
cv
V
LM
(A
N
O
N
FM
41
E
Q
0
0
D0)
o�
0
U
0
0_0
0
qt 0) 00
r-I
N
qt
m
N
L0
I�-
(10
00
O
N
r-I
r-I
N
I�
al
N
dl
LO
dl
00
r-I
al
N
r-I
Ln
I�-
N
N
N
Ln
Ln
0)
I�
O
r-I
N
m
al
N
O
m
Ln
N
N
N
o
N
qt
m
N
LO
I�
�O
00
O
r-I
r-I
N
N
N
N
_
�ca
p
H
=3
�'
_
�ca
>
ca
U
�
rn
�'
_
�ca
>
N
ca
LEI
�
Ln
:
•
•
r-I O � r-I N Ln
(10 qt N m m �
N N N N N N Ln
qt
m
Ln
w
�
�
m
o
N
m
Ln
�
gi
p
N
M
00
W
to
r
m
m
m
m
m
m�
Ln
0
w
Ln
(,o
m
w
m
Co
o
Ln
N
M
00
W
to
r
m
m
N
N
N
m�
Ln
qt
O
m
Co
o
Ln
�o
m
N
m
�
N
N
N
N
N
N
Ln
•E
=3
=3
=3
=3
=3
=3
N
N
N
N
N
N
c-I
o
r-i
N
m
0
0
0
0
0
0
0
J
J
J
J
J
J
J
•
•
" Ln so
ca
O
Ln Ln Ln Ln Ln r*-j
(10
Ln
(10
Ln
Ln
Ln
Ln
r*-j
rr�- -I
r�-
rr�- -I
r�
r�
r�
r�
m
r-11
M
M
M
M
M
r-1
r*-j
=3
06
r-I
r14
r-I
1
l
m
r*-j
rq
rq
rq
rq
m
Ln
(10
0
(10
0
0
0
0
0
w
Ln
w
qt
qt
qt
qt
0
M,
M
M
M
M
M
M
M
=3
06
r-I
r14
r-I
r*-j
r*-j
rq
rq
rq
rq
rq
m
0
o
Ln
o
Ln
Ln
Ln
Ln
r*-j
M,
M
M
M
M
M
M
M
=3
06
r-I
r14
r-I
r*_4
r*_4
r*_4
r*_4
r1l"i
N
N
m
CY)
=3
=3
=3
=3
=3
=3
=3
06
r-I
r14
r-I
r-1
N
m
Ln
(,o
r�-
00
O
o
o
o
o
o
o
o
:t
(L)
3
O
t
C
3
(L)
OA
cv
V
LM
(A
d!
C
O
N
H L�
X
W
41
E
Q
0
0
D0)
o�
0
U
0
TOWN OF VAIL �
Memorandum
To: Planning and Environmental Commission
From: Community Development Department
Date: July 25, 2011
Subject: A request for a recommendation to the Vail Town Council for prescribed
regulations amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town
Code, for corrections to Section 12 -6F -3, Conditional Uses, Vail Town Code, to
allow communications antennas and appurtenant equipment as a conditional use
in the Low Density Multiple Family Districts; and for prescribed regulations
amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for
corrections to Section 12 -6E -2, Permitted Uses; Section 12 -6F -2, Permitted
Uses; Section 12 -6G -2, Permitted Uses; and Section 12 -13 -4, Requirements by
Employee Housing Unit (EHU) Type, Vail Town Code, to allow Type III Employee
Housing Units (EHUs) as a permitted use in the Residential Cluster (RC), Low
Density Multiple Family (LDMF), and Medium Density Multiple Family (MDMF)
Districts, and setting forth details in regard thereto. (PEC110023)
Applicant: Town of Vail
Planner: Rachel Dimond
I. SUMMARY
The applicant, the Town of Vail, is requesting a recommendation to the Vail Town
Council for prescribed regulations amendments, pursuant to Section 12 -3 -7,
Amendment, Vail Town Code, for corrections to Section 12 -6F -3, Conditional Uses, Vail
Town Code, to allow communications antennas and appurtenant equipment as a
conditional use in the Low Density Multiple Family Districts; and for prescribed
regulations amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for
corrections to Section 12 -6E -2, Permitted Uses; Section 12 -6F -2, Permitted Uses;
Section 12 -6G -2, Permitted Uses; and Section 12 -13 -4, Requirements by Employee
Housing Unit (EHU) Type, Vail Town Code, to allow Type III Employee Housing Units
(EHUs) as a permitted use in the Residential Cluster (RC), Low Density Multiple Family
(LDMF), and Medium Density Multiple Family (MDMF) Districts.
Staff recommends that the Planning and Environmental Commission forwards a
recommendation of approval to the Vail Town Council, subject to the findings and
criteria outlined in Section V of this memorandum. For reference, the attachments
include the table in 12 -13 -4: Requirements By Employee Housing Unit (EHU) Type, Vail
Town Code (Attachment A) and a vicinity map showing the subject zone districts
(Attachment B).
II. DESCRIPTION OF THE REQUEST
The applicant, the Town of Vail, is requesting the text amendments that are summarized
below:
Reinstate "Communications antennas and appurtenant equipment" as a
conditional use in the Low Density Multiple Family District.
Reinstate "Employee Housing Units" as a permitted use in the Residential
Cluster (RC), Low Density Multiple Family (LDMF) and Medium Density Multiple
Family (MDMF) Districts.
Amend the table in 12 -13 -4, Requirements By Employee Housing Unit (EHU)
Type to add RC, LDMF and MDMF to list of zone districts allowing employee
housing units
The proposed text amendments are as follows (additions are shown in bold italics;
deletions are shown in P4ket4r -ough itaAG )
ARTICLE 12 -6E. RESIDENTIAL CLUSTER (RC) DISTRICT
12 -6E -2: PERMITTED USES:
The following uses shall be permitted in the RC district:
Employee housing units, as further regulated by Chapter 13 of this Title.
Multiple- family residential dwellings, including attached or row dwellings and
condominium dwellings with no more than four (4) units in any new building.
Single- family residential dwellings.
Two - family residential dwellings.
ARTICLE 12 -6F. LOW DENSITY MULTIPLE - FAMILY (LDMF) DISTRICT
12 -6F -2: PERMITTED USES:
The following uses shall be permitted in the LDMF district:
Employee housing units, as further regulated by Chapter 13 of this Title.
Multiple- family residential dwellings, including attached or row dwellings and
condominium dwellings.
Single- family residential dwellings.
Two - family residential dwellings.
12 -6F -3: CONDITIONAL USES:
The following conditional uses shall be permitted in the LDMF district, subject to
issuance of a conditional use permit in accordance with the provisions of chapter
16 of this title:
Bed and breakfasts, as further regulated by section 12 -14 -18 of this title.
Communications antennas and appurtenant equipment.
Town of Vail Page 2
Dog kennels.
Funiculars and other similar conveyances.
Home child daycare facilities, as further regulated by section 12 -14 -12 of this
title.
Private clubs.
Public and private schools.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
ARTICLE 12 -6G. MEDIUM DENSITY MULTIPLE - FAMILY (MDMF) DISTRICT
12 -6G -2. PERMITTED USES.
The following uses shall be permitted in the MDMF district.
Employee housing units, as further regulated by Chapter 13 of this Title.
Multiple- family residential dwellings, including attached or row dwellings and
condominium dwellings.
Single- family residential dwellings.
Two - family residential dwellings.
12 -13 -4. REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE.
"Residential Cluster, Low Density Multiple- Family, Medium Density Multiple -
Family' added to "Zoning Districts Permitted By Right" for Type III, Type VII -CL and
Type VII -IZ EHUs. See Attachment A for complete table with proposed text
amendments.
III. BACKGROUND
On July 15, 2008, the Vail Town Council passed Ordinance No. 12, Series of 2008,
upon second reading. Ordinance No. 12, Series of 2008 amended the Vail Town Code
to allow many Types of EHUs to be permitted uses, rather a conditional use. The
ordinance also established "communications antennas and appurtenant equipment" as
a land use, and made it a permitted use in higher density and commercial districts and a
conditional use in low density residential districts. Errors in codification led to the
omission of the above uses in certain districts. The purpose of the proposed regulations
amendment is to rectify the omissions from Ordinance No. 12, Series of 2008. This
amendment will in no way alter the restrictions currently applied to EHUs or the zone
districts in which the various types are allowed.
Prior to Ordinance No. 12, Series of 2008, communications antennas were considered
"public utility and public service uses," a conditional use in all districts. Therefore, the
addition of "communications antennas and appurtenant equipment" as a conditional use
in the LDMF District does not change the policy of allowing this use as a conditional use
in this district.
Town of Vail Page 3
IV. APPLICABLE PLANNING DOCUMENTS
TITLE 12: ZONING REGULATIONS
Chapter 12 -1, Title, Purpose and Applicability (in part)
Section 12 -1 -2. Purpose
A. General. These regulations are enacted for the purpose of promoting the
health, safety, morals, and general welfare of the Town, and to promote the
coordinated and harmonious development of the Town in a manner that will
conserve and enhance its natural environment and its established character as a
resort and residential community of high quality.
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.
Town of Vail Page 4
ARTICLE 12 -6E. RESIDENTIAL CLUSTER (RC) DISTRICT
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.
ARTICLE 12 -6F. LOW DENSITY MULTIPLE - FAMILY (LDMF) DISTRICT
12 -6F -1: PURPOSE: The low density multiple - family district is intended to provide sites
for single - family, two - family and multiple - family dwellings at a density not exceeding
nine (9) dwelling units per acre, together with such public facilities as may appropriately
be located in the same zone district. The low density multiple - family district is intended
to ensure adequate light, air, privacy and open space for each dwelling, commensurate
with low density occupancy, and to maintain the desirable residential qualities of the
zone district by establishing appropriate site development standards.
ARTICLE 12 -6G. MEDIUM DENSITY MULTIPLE - FAMILY (MDMF) DISTRICT
12 -6G -1: PURPOSE: The medium density multiple - family district is intended to provide
sites for multiple - family dwellings at densities to a maximum of eighteen (18) dwelling
units per acre, together with such public facilities as may appropriately be located in the
same zone district. The medium density multiple - family district is intended to ensure
adequate light, air, open space, and other amenities commensurate with multiple - family
occupancy, and to maintain the desirable residential qualities of the zone district by
establishing appropriate site development standards. Certain nonresidential uses are
permitted as conditional uses, and where permitted, are intended to blend harmoniously
with the residential character of the zone district.
14- 10 -12: COMMUNICATIONS ANTENNAS AND APPURTENANT EQUIPMENT:
Communications antennas and any associated appurtenant equipment should be
integrated into existing principal buildings and structures. All antennas and appurtenant
equipment shall be located and screened so as not to detract from the overall site
design quality.
TOWN OF VAIL LAND USE PLAN
Chapter II: Land Use Goals /Policies (in part)
1. General Growth /Development
Town of Vail Page 5
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).
3. Commercial
3.4 Commercial growth should be concentrated in existing commercial areas
to accommodate both local and visitor needs.
5. Residential
5.1 Additional residential growth should continue to occur primarily in existing,
platted areas and as appropriate in new areas where high hazards do not
exist.
5.2 Quality time share units should be accommodated to help keep occupancy
rates up.
5.3 Affordable employee housing should be made available through private
efforts, assisted by limited incentives, provided by the Town of Vail, with
appropriate restrictions.
5.4 Residential growth should keep pace with the market place demands for a
full range of housing types.
5.5 The existing employee housing base should be preserved and upgraded.
Additional employee housing needs should be accommodated at varied sites
throughout the community.
VAIL VILLAGE MASTER PLAN
Chapter V: Goals, Objectives, Policies and Action Steps (in part)
Goal #2. To foster a strong tourist industry and promote year- around economic
health and viability for the village and for the community as a whole.
2.6 Objective. Encourage the development of affordable housing units
through the efforts of the private sector.
2.6.1 Policy:
Employee housing, units may be required as part of any new or
Town of Vail Page 6
redevelopment project requesting density over that allowed by
existing zoning.
2.6.2 Policy:
Employee housing, shall be developed with appropriate restrictions
so as to insure their availability and affordability to the local work
force.
2.6.3 Policy:
The Town of Vail may facilitate in the development of affordable
housing by providing limited assistance.
LIONSHEAD REDEVLOPMENT MASTER PLAN
Chapter 4: Master Plan Recommendation — Overall Study Area
4.9 Housing
Recent community surveys and grass -roots planning efforts such as Vail
Tomorrow have identified the lack of locals housing as the most critical
issue facing the Vail community. Early in the Lionshead master planning
process, west Lionshead was identified as an opportunity area to implement
some of the community's housing goals, particularly relating to employee
housing. These opportunities and associated issues are outlined below.
4.9.1 No Net Loss of Employee Housing
Ground rule number five of the master plan states that there shall be no
net loss of employee housing in Lionshead as redevelopment occurs.
Visual Issues
4.9.2 The financial realities of affordable housing often require cost
reducing measures, generally involving the quality of detailing, planning,
and architectural design. Given the strong desire to make these housing
projects feasible, it is recommended that some latitude be granted to
affordable housing developers. However, it is also important that financial
realities not be used as an excuse to produce unsightly, poorly designed,
substandard products. Employee housing does not need to match the
architectural sophistication of a five star resort development, but it does
need to be good quality construction and design. Rivers Edge in Avon is a
good example of an attractive yet affordable employee housing project.
4.9.3 Policy Based Housing Opportunities
The first means of implementing housing goals in Lionshead is through
policy based requirements such as the employee generation ordinance
currently being pursued by the Vail Town Council. As required by a future
ordinance, all development and redevelopment projects, as a prerequisite
to project approval, should provide housing for employees generated and
Town of Vail Page 7
to the extent possible this housing should be located in the Lionshead
area.
VAIL 20/20 STRATEGIC PLAN
Executive Summary (in part)
Housing.- The high cost of housing and a lack of developable land continue to
challenge the community in providing adequate workforce housing.
Opportunities exist to increase the amount of employee housing through
redevelopment of existing housing, the purchase of deed - restricted units and
through developer requirements. During 20120, participants placed workforce
housing as a top priority for the community and government leaders to address.
Community Values (in part)
Diversity: Vail values maintaining a diverse population of residents, workers and
visitors, with a broad representation of age, family composition, ethnic
background and economic means.
Land Use and Development (in part)
20/20 Vision: The pedestrian ambiance and scale of Vail Village and Lionshead
continues into 2020, where the European alpine charm of Vail is replicated in its
new development. The unique character of Vail is evident from the Tyrolean
building style that speaks of Vail's history, to the mountain contemporary style
that heralds technological advancement. The vibrant mixed -use pedestrian core
areas of Vail attract guests, residents and businesses. The diversity of
businesses within the core areas provides something for everyone and the new
affordable housing options are seamlessly integrated into the community's fabric.
Growth has been carefully managed to be sustainable and complementary to the
natural environment.
20120 Implementation: Based on input from the community during the 20120
process, town staff developed the following goals and action strategies to support
the land use and development vision. The goals also reflect the common themes
heard from the community during the 20120 process, including a need for more
employee housing, increased environmental sustainability, reduction of I -70
impacts and managed growth.
Goal #3. Ensure fairness and consistency in the development review process.
Actions /Strategies
Provide transparency of the review process by improving
communications.
Embrace policies and practices that ensure honest governmental
interaction.
Town of Vail Page 8
• Define ways in which to improve communication with the public.
• Review and improve policies regarding notification of design review
applications.
• Provide adequate training for members of the town's boards,
commissions and committees regarding goals and purposes for
regulation.
• Develop a streamlined design review process and include in
regulation updates.
Goal #4. Provide for enough deed - restricted housing for at least 30 percent of
the workforce through policies, regulations and publicly initiated development.
Actions /Strategies
• Update housing regulations to include more zone districts that are
required to provide employee housing.
• Redevelop Timber Ridge to increase number of employee beds.
• Use employee housing fund for buy -downs and other programs that
will increase the number of employees living within the town.
• Address the zoning regulations to provide more incentives for
developers to build employee housing units.
Housing (in part)
20120 Vision. The number of employees living within the town has steadily
increased, thanks to the town's commitment to ensure affordability and
availability of housing. The number of deed - restricted rental and for -sale
units required of both private and public projects has increased. The
diversity of deed - restricted units can accommodate the seasonal worker,
as well as all levels of year -round employees, including those with
families. Housing in general has been transformed to include green
building standards.
20120 Implementation: Based on input from the community during the
20120 process, town staff with the Vail Local Housing Authority, developed
the following goals and action strategies to support the housing vision.
Goal: The Town of Vail recognizes the need for housing as infrastructure
that promotes community, reduces transit needs and keeps more
employees living in the town, and will provide for enough deed - restricted
housing for at least 30 percent of the workforce through policies,
regulations and publicly initiated development.
Actions /Strategies:
• Research and propose next steps for strengthening the town's
inclusionary zoning and commercial linkage policies, including
requirements for more zone districts.
Town of Vail Page 9
• Research parking requirements for employee housing and consider
reducing requirements for employee housing developments.
• Ensure pay -in -lieu funds generate as many workforce housing units as
possible.
• Establish protocol for disbursement of dedicated housing fund
resources.
• Research and secure potential alternative (besides pay -in -lieu) funding
sources for employee housing.
V. REVIEW CRITERIA
Before acting on an application for an amendment to the Zoning Regulations, 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 finds the proposed text amendments further the general and specific purposes
of the zoning regulations. Specifically, the text amendments that clarify EHUs are a
permitted use in three zone districts will "promote the coordinate and harmonious
development of the Town" and will "otherwise provide for the growth of an orderly
and viable community." The amendment adding communications antennas in the
LDMF District will "conserve and maintain established community qualities and
economic values" and will "encourage a harmonious, convenient, workable
relationship among land uses, consistent with municipal development objectives."
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail comprehensive plan and is compatible with the
development objectives of the town; and
Staff finds the proposed text amendments will better achieve the goals of the Vail
Comprehensive Plan. Specifically, the text amendments will help achieve Vail Land
Use Plan Goal 5.3 that states "affordable employee housing should be made
available.." The Vail Village Master Plan Objective 2.6 will be furthered as
developers are made aware of EHUs in certain zone districts by this addition, which
will "encourage the development of affordable housing units."
The clarification of communication antennas in LDMF as a conditional use will
provide clear opportunities for enhances cellular service and will further Land Use
Goal #2, which calls for fostering "a strong tourist industry and promote year - around
economic health and viability for the village and for the community as a whole."
All of the proposed text amendments will further Goal #3 of the Vail 20/20 Strategic
Plan, which states that the Vail Town Code should "Ensure fairness and consistency
Town of Vail Page 10
in the development review process." By fixing the errors and omissions in the Vail
Town Code, fairness and consistency will exist for all zone districts.
3. The extent to which the text amendment demonstrates how conditions have
substantially changed since the adoption of the subject regulation and how
the existing regulation is no longer appropriate or is inapplicable; and
Staff finds that conditions have changed, as the errors and omissions resulting from
Ordinance No. 12, Series of 2008 have been identified through attempts to place
communications equipment in the LDMF District. The existing regulations are
clearly no longer appropriate, as they do not meet the intent of Ordinance No. 12,
Series of 2008. It was not the intent of Ordinance No. 12, Series of 2008 to omit the
currently proposed text amendments. However, errors and omissions occurred that
need to be clarified. Further, the proposed regulations amendments will continue to
follow existing policy. Prior to Ordinance No. 12, Series of 2008, communications
antennas were considered "public utility and public service uses," a conditional use
in all districts. Therefore, the addition of "communications antennas and
appurtenant equipment' as a conditional use in the LDMF District does not change
the policy of allowing this use as a conditional use in this district. This amendment
will in no way alter the restrictions currently applied to EHUs or the zone districts in
which the various types are allowed.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
Staff finds that the text amendments provide a harmonious, convenient, workable
relationship among land use regulations, as it corrects the inequality among
residential zone districts and permitted and conditional uses within those districts.
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 forward a recommendation of approval to the Vail Town
Council for prescribed regulations amendments, pursuant to Section 12 -3 -7,
Amendment, Vail Town Code, for corrections to Section 12 -6F -3, Conditional Uses, Vail
Town Code, to allow communications antennas and appurtenant equipment as a
conditional use in the Low Density Multiple Family Districts; and for prescribed
regulations amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for
corrections to Section 12 -6E -2, Permitted Uses; Section 12 -6F -2, Permitted Uses;
Section 12 -6G -2, Permitted Uses; and Section 12 -13 -4, Requirements by Employee
Housing Unit (EHU) Type, Vail Town Code, to allow Type III Employee Housing Units
(EHUs) as a permitted use in the Residential Cluster (RC), Low Density Multiple Family
Town of Vail Page 11
(LDMF), and Medium Density Multiple Family (MDMF) Districts, and setting forth details
in regard thereto.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval for the proposed prescribed regulations amendments, the
Community Development Department recommends the Commission make the following
motion:
"The Planning and Environmental Commission forwards a
recommendation of approval to the Vail Town Council for prescribed
regulations amendments, pursuant to Section 12 -3 -7, Amendment, Vail
Town Code, for corrections to Section 12 -6F -3, Conditional Uses, Vail
Town Code, to allow communications antennas and appurtenant
equipment as a conditional use in the Low Density Multiple Family
Districts, and for prescribed regulations amendments, pursuant to Section
12 -3 -7, Amendment, Vail Town Code, for corrections to Section 12 -6E -2,
Permitted Uses, Section 12 -6F -2, Permitted Uses, Section 12 -6G -2,
Permitted Uses, and Section 12 -13 -4, Requirements by Employee
Housing Unit (EHU) Type, Vail Town Code, to allow Type 111 Employee
Housing Units (EHUs) as a permitted use in the Residential Cluster (RC),
Low Density Multiple Family (LDMF), and Medium Density Multiple Family
(MDMF) Districts, and setting forth details in regard thereto. "
Should the Planning and Environmental Commission choose to forward a
recommendation of approval for the proposed prescribed regulations amendments, the
Community Development Department recommends the Commission make the following
findings:
"Based on the testimony and evidence presented at this hearing, and the
criteria in Section V of this memorandum, the Planning and Environmental
Commission finds.
1. That the amendment is consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail
comprehensive plan and is compatible with the development objectives
of the town, and
2. That the amendment furthers the general and specific purposes of the
zoning regulations, 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. "
Town of Vail Page 12
VII. ATTACHMENTS
A. 12 -13 -4: Requirements By Employee Housing Unit (EHU) Type, Vail Town Code
B. Vicinity Map with Subject Zone Districts
Town of Vail Page 13
W
W
2
W
z
V
Cl)
V
D
O
W
W
O
J
W
00
Cl)
z
W
2
NW
L.L
O
W
i
M
r
N_
Q
z
W
2
U
Q
Q
O
O p T
N
W O p 0
W O _-• 0
O O
co
0
W U
Q
—
o co o
—
ococo,_o
p
o Ec)
Q
(n O C L
.� co to Q
Y) C L
.� Co Q
O co
.� U O
E =
3 3Q=
C
O C
O cr C
C =O
O
�•
E_ �
coo
��N E
(n E
��.aN E
cC U' Q
O C- X
OM
0= E- X
co
0
O
co � M
Q Co w E
m
O O
O O
O O
Y
!E
!E
!
U
U
U
a
Loco_
Loco_
0
Loco_
�CIcCOO
°IcCOO
°IcYo
0 V)
L c a)
�ti o
LO J)
a) �ti 0
d
O Q O—
co
L U L
co
O L
2— E 75 L
(an
co
co cr
y L d
L O p
= E O E
V
0 �_ O E to
00 E
<C 4' y
0O U V)
(n Q� E U
O OLL
U a) — co O ti O
0co O C OLLo -0
(n L U 0) — co O I-_ O
co
L L
cC ++
O co Q)
0
y--• a) C i L T
O Co O to U
O co .--• 0 E L C L T
0 0 p c� O (n U�
c
0>
M .�_ Q
co
C L Co to O co p
co
M 2 c L to —O co p
C° co
x
O
p— 0
W
O O p O
0
U
.�
co O E
C co" O
'= U —_ co
c� .� O
� 'p U —_ co
O L U Co L
Co C . Co ^
— ._ -0 co co L
O 0-0 Q= �O
O L y� co co L
-
O �a a-
Q cm 0 co Q
Q �i L () co (n (n U)
p
Q co Q �i L (n co (n (n (n
L
O O
L
p
4-
d
N Q
a)
O 0
(1) O Co Co
0 O
�
cC 0 �
0 C c0
0 0 L
C O
Q Co
Q) co
CL O> cC
,0
Q
O d N
O
> O� U
7 Q 7.
co O co
C
C
V
U 0
c W
0 2
70
Q m
J
a) a) co 0
'=� p��
C O co � o 0
cow O ��
O
(nom. .
co
J am. co
OQ
=� c
o
O O
o (L
w o ILL �
2 O� c"olai
��
w
C)
w�-- LL-
�C9
Q
c c70 L� 0
O co coLU7
= c c -0o� 0
O co coLO-
X o co
O U O
Q V
co
m O
co
L
E L T
p
(n T j
E L T
0
L y
4T
c/)
-� 2
o� L�
i .p
3 cv
W O (o Co
o C Q
W
to Co to
o. C Q =
W O co
a) C Q
O L
O co O
yL-• (n
co
O co p 0 "=
i .L-• Y) .n
O co p
.L-• w
c
E0 c
d
L Q O
�
•O
i
Co
-0 Co O
7 7 >,
co N
p
tom/) A
(n
a (n .�
Co
C Y) a
U N• E
E O O
Q m
O w
co T O
O O co
T Co
A E T
d ._
<C N w
O co co
0
E c (n
O
� E� c
� y E .2 CaD
0
O
O
—�
U
Q
U
Na��
a�
�6'7
dp�a�i3�c��o�o0
W ��
��
UAW Q
E2 WUU
W
o
0
0
C
CL
T
T
T
i Co E
I # E
L
I # E
L
e o
0 2=
e o
0 2=
e o
0 2=
/23§
/23§
/20m
,cr\ c
\0
/0
/ / 7 \
_
CL 0)
= o a
CL 0
= a
='
~
0 E
0 / : 2
§ / : L
@ E Ln o
co
o
0= n
e
§a2\ \5
% =§
I\ /2/
%
1 \ /0/
o c
c
/
2\
/
�
!2
\/%o
\/%2o
!
/%_
co
t co
=c
t\ @
D o n=
a- co
o o n=
a- co
o o n=
1
��Co
_
_
_
2
2
±
_
_
_
±
±
±
_
_
_
±
±
±
_
co co co
_ _ _
E_&
E_&) 3 e 2
E_& w 0 »
2%es
2%232= 2 $_ //
2%232= §
=%#15/°0 >1
I =%#150.0
mss
tea%co co a7 Lm
Uj
(n co Z3
o n= E
o n= E O= 0 E� _�
o = E 0 0 75 C
/±f$
/±f$ /± \S/7/\/
/±f$ /± \/\
o \\2 ~£
Co _ = o
% n§
E Co n =
% \
E = L
% )§
E = e =
= 2 2 E
E7 §o\\E
_
n o o
k0 \ \/
_
n
\070
_
n= o
\0 \�/
//2 J
S$ =uEEE '=
2
w
=§
ee o00
c2$
c2$i
c2$I:
\2 = =/ ee$ 7n
$$_ ��
7#\i\
\ \?L=
7# \ _j2=
7# \�§
\ \?55
00 00 0m
EE3f ��g co -Fu o
¢
*ye »�\
= o —
0)(1) co
*ye\na
= o —
*ye \ -\
= o
n n
E E § o = _ _ _ § 7 7 =
= ) 0 §
n c
= 2 0 0 7
® 2 Co UJ
0 o e t o 9 9= E� = o
QO <I221A222 =IO
= o o E_
<= =tee=
= o o E s o
<____
= o o E_
<= =te —co =
_j
0
»
5 §
2
\ =
2 °00
E
_
\2 0
n c %
\
0) =
CL0 =
\f f� .
0 \ §
i\fu
22
\/
�
§°\
o e= U. o
° o 2=
/2§$ §&
\ \ -0 ƒ
/2 /0o
a
=d
% \t
/%
oL
co
E
/f
a)
\2\
NE
\ \�
ƒ\
e
@ o
@ o E 2 c%
@ o E
f /
/ c \ � � � �
=oe=cL
� � * / c \
_�_ = E�
o�=
° _ @
o�
° _ @ _ = s = c
_- o ?
° t = / \ = E E g 5
= o = n
S o n=
1 =
% o n E_ 10_= t §
1 _ = E E o= 7 5/
5 o n=___= o -
1 = E E o/& 5
��_
��_
f
�
=
2
=
a
\
a
\
.
=O
UJ
<
�
2
f
f
)
$L
=I
\/
_
\
I\ =_=±
±
o/d
\fE
<
/ 0 0 o
\7
� 2=
2 \ oho® 0$
= 2/ o a ®
/ \/ a 2
2 o
o =
%E 7
§\f0
E E
/f
o =
i \§\i // \o \2/7
�7 \\
��
�±(nco
$ \ =" =coo
°f� - -(1)
Ls% %�gsE90 7� \
CL _•-
E o
o= E E= 5_=
= oeo
ef4
e= .- ° o=£@
n c =_?= E *@ a
o n= E o- o E c _
= o o = o E o= E o 2
o= E e
@
R= n 2$
<= E a 2 n e== g o=
e
R= n R= n o= o= E e
\ / 0
$ $
$ 0- CO Ar3 CO
¥
§� �\ 0... n = =0
E p E o 0 0 0 o// E
a7 =may \\ \ \ \\ 0
§
ao2222 = = =o
§ §
o
E
k § E-60 c % % % % " - § o
EEEE11)cO
2
\
2CL
§% E § §}\ 7 7 7 7\ 2\ o\
ƒ
I
a�EI ®IIQOOO <221A
�e
Q\ _
\ CO
\
C co
C',
�
I2 =#n
L o e §
fx \ cu 2
82200
a0
CL \ ° =a
= 7c-
0 2g5
a0
1 A = & 5
§%
f / * m 0)0) a) ¥
o _ 0 e = � E _._ w
o CO @ _ =
_ _ = o n
0
a_ CO
f
f
2 =
i\f\ƒ
L =tee±
osE2O
X @ co ®
R o 0 0
co co
_ & \0 » 2
2%232= § $ of
0,
I = %#1520 >Na2
mss% %erg \§g07 \\
f \ / gE 2
/ /n fR= ) 2g §R f
R={ � n o= e
A 2
_= o
CL 6 g o 0 0
CO A r a §§ O
A
CL
22227 §222
\\\
\/g2E
2 J
_�\
E 2 E S S S$ 0 3 3 E
e o 2 J
§ § } \ $
E E
§ k� \ o e e e e f 0
} / I
�'
§ 0
\\\\cm e
k§ E2 %�E %5555 § §§
0) 0)
225 0)
�������22EEEE %.2 o
§00000
co co
\f\§
§§ \2/0
®IIQOQO
k \ \§
222 I
4T �EI ° <221A222
a- (D
& /
7 = _
\fco
o2g7 �
L
CL a
N = o - _
LR ' w E _
2
i
•��
\woe
1
J�0
e�
►�,`. \�\
QPGgQ�
R\
rc;l
r
o,
al
,pl
7
�1I
II
11
F�K
Q
2
K
\ \N
1,.
Ali(
by
�bp3Nrdltl � d'p �,
/J,yp
O�
�p�bSpbb
•
\��) \
o v
p \ I
PLANNING AND ENVIRONMENTAL COMMISSION
July 11, 2011
1:00 pm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road W. - Vail, Colorado, 81657
MEMBERS PRESENT
Micheal Kurz
Bill Pierce
Henry Pratt
John Redeker
Tyler Schneidman
SITE VISITS
None
MEMBERS ABSENT
Luke Cartin
Pam Hopkins
15 minutes
A request for the review of a variance from Section 12 -6D -6, Setbacks, Vail Town Code,
pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for a deck addition within
the front setback, located at 2664 Larkspur Lane /Lot 4, Block 1, Vail Intermountain, and
setting forth details in regard thereto. (PEC110038)
Applicant: Marc & Riette Lotker, represented by Michael Maggini
Planner: Rachel Dimond
ACTION: Approved With Conditions
MOTION: Kurz SECOND: Rediker VOTE: 4 -1 -0 (Pratt opposed)
CONDITIONS:
1. Upon further review and approval by the Design Review Board, the applicant is
granted a variance to allow the northeast corner of the deck to encroach up to 2.25
feet into the deck setback, or 7.25 feet into the setback, with a minimum deck
distance of 10.5 feet from the property line.
Rachel Dimond presented an overview of the request and the Staff memorandum.
Commissioner Pierce asked for clarification about Staff recommendation on the
architectural plans.
Commissioner Rediker asked the applicant's representative if they were opposed to the
Staff recommendation.
Michael Maggini, the applicant's representative, explained that the owners want the
largest deck possible on the east side for additional outdoor living space and for views.
However, the applicant is not opposed to Staff's recommended modifications.
There was no public comment.
Commissioner Pratt expressed his opposition to the motion. He felt that the amendments
to the proposed deck made it non - functional and that the existing site conditions
warranted a variance as proposed by the applicant.
Page 1
15 minutes
2. A request for a recommendation to the Vail Town Council for changes to the Town of Vail
Land Use Plan Map, pursuant to Chapter VIII, Implementation, Town of Vail Land Use
Plan, to allow for a land use category change from Medium Density Residential to Open
Space; and a request for a recommendation to the Vail Town Council for a zone district
boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow
for a rezoning from Medium Density Multiple Family District to Outdoor Recreation
District, located at 715 North Frontage Road (parking lot of Red Sandstone Park) /Part of
Lot 9, Block 2, Vail Potato Patch, and setting forth details in regard thereto. (PEC110039)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Recommendation of approval
MOTION: Kurz SECOND: Pratt VOTE: 5 -0 -0
Bill Gibson presented an overview of the request and the staff memorandum.
There was no public comment.
Commissioner Pratt inquired if the Town was proposing to combine the subject property
with the Red Sandstone Park property.
Bill Gibson indicated that the Town is not pursuing combination of the properties at this
time.
Commissioner Rediker inquired about the zoning of parking lots at other parks in Vail.
Bill Gibson explained that this situation is unique. The parking lots for the other parks
such as Ford, Donovan, Stephens, Ellefson, etc. are all located on the same parcel as
the park itself. Since they are located on the same parcel, the zoning for the other parks
and their associated parking lots are the same districts.
The Commissioners expressed their support for the application.
5 minutes
3. A request for the review of a variance, pursuant to Section 14 -1 -5, Variances, Vail Town
Code, from Section 14 -10 -5, Building Materials and Design, Vail Town Code, to allow for
the installation of solar panels extending higher than one foot above the building
ridgeline, located at 4918 Meadow Drive, Unit A /Lot 16, Block 7, Bighorn Subdivision Fifth
Addition, and setting forth details in regard thereto. (PEC100046)
Applicant: Warren Dean, represented by Capitol Solar Energy
Planner: Rachel Dimond
ACTION: Tabled to August 8, 2011
MOTION: Rediker SECOND: Pratt VOTE: 5 -0 -0
5 minutes
4. A request for the review of a preliminary plan and a final plat, pursuant to Chapter 13 -3,
Major Subdivisions, Vail Town Code, to allow for amendments to the existing Parcels A
through F and Units 1 through 3 of the Residences at Briar Patch, and the creation of
Parcels G and H of the Residences at Briar Patch for the purposes of preserving open
Page 2
space and mitigating high severity rockfall hazards, located at 1446 Buffehr Creek Road;
1386, 1388, and 1390 Briar Patch Lane; 1374 and 1378 Sandstone Drive /Lots G2, G5,
and G6, Lion's Ridge Subdivision Filing 2 (Residences at Briar Patch), and setting forth
details in regard thereto. (PEC110034)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Tabled to July 25, 2011
MOTION: Rediker SECOND: Kurz VOTE: 5 -0 -0
5 minutes
5. A request for a recommendation to the Vail Town Council for prescribed regulations
amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for corrections
to Section 12 -6F -3, Conditional Uses, Vail Town Code, to allow communications
antennas and appurtenant equipment as a conditional use in the Low Density Multiple
Family Districts; and for prescribed regulations amendments, pursuant to Section 12 -3 -7,
Amendment, Vail Town Code, for corrections to Section 12 -6E -2, Permitted Uses;
Section 12 -6F -2, Permitted Uses; Section 12 -6G -2, Permitted Uses; and Section 12 -13-
4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to allow Type
III Employee Housing Units (EHUs) as a permitted use in the Residential Cluster (RC),
Low Density Multiple Family (LDMF), and Medium Density Multiple Family (MDMF)
Districts, and setting forth details in regard thereto. (PEC110023)
Applicant: Town of Vail
Planner: Rachel Dimond
ACTION: Tabled to July 25, 2011
MOTION: Rediker SECOND: Kurz VOTE: 5 -0 -0
5 minutes
6. 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 right -of-
way/Unplatted (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 22, 2011
MOTION: Pratt SECOND: Rediker VOTE: 5 -0 -0
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 n platted (a complete legal description is available for
inspection at the Town of Vail Community Development Department), and setting forth
details in regard thereto. (PEC080064)
Page 3
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Tabled to August 22, 2011
MOTION: Pratt SECOND: Rediker VOTE: 5 -0 -0
8. Approval of June 27, 2011 minutes
MOTION: Kurz SECOND: Schneidman VOTE: 5 -0 -0
9. Information Update
10. Adjournment
MOTION: Kurz SECOND: Pratt VOTE: 5 -0 -0
The applications and information about the proposals are available for public inspection during
regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road.
The
public is invited to attend the project orientation and the site visits that precede the public hearing
in the Town of Vail Community Development Department. Please call (970) 479 -2138 for
additional
information.
Sign language interpretation is available upon request with 24 -hour notification. Please call
(970) 479 -2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published July 8, 2011, in the Vail Daily.
Page 4
Ad Name: 6797112D
Customer: TOWN OF VAIL /PLAN DEPT /COMM
Your account 1022233
PROOF OF PUBLICATION
STATE OF COLORADO }
}SS.
COUNTY OF EAGLE }
I, Don Rogers, do solemnly swear that I am a qualified
representative ofthe Vail Daily. Thatthe same Daily newspaper
printed, in whole or in part and published in the County
of Eagle, State of Colorado, and has a general circulation
therein; that said newspaper has been published continuously
and uninterruptedly in said County of Eagle for a period of
more than fifty -two consecutive weeks next prior to the first
publication of the annexed legal notice or advertisement and
that said newspaper has published the requested legal notice
and advertisement as requested.
The Vail Daily is an accepted legal advertising medium,
only for jurisdictions operating under Colorado's Home
Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions; and that the first publication of said
notice was in the issue of said newspaper dated 7/22/2011 and
that the last publication of said notice was dated 7/22/2011 in
the issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
07/25/2011.
General Manager /Publisher /Editor
Vail Daily
Subscribed and sworn to before me, a notary public in and for
the County of Eagle, State of Colorado this day 07/25/2011.
Pamela J. Schultz, Notary Public
My Commission expires: November 1, 2011
PLANNING AND ENVIRONMENTAL
COMMISSION
July 25, 2011
1:OOpm
TOWN COUNCIL CHAMBERS
PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT_ MEMBERSABSENT
SITE VISITS
1.Briar Patch - 1446 Buffehr Creek Road; 1386, 1388 and 1390 Briar Patch Lane; 1374 and 1378 Sand-
stone Dnve
2.Vail Townhouse Condominiums, Vail Row Houses, Texas Townhomes, Vail Trails East and West
20 m inutes
1.A request for the review of a preliminary plan and a final plat, pursuant to Chapter 13 -3, Major Sbdivi-
sions, Vail Town Code, to allow for amendments to the existing Parcels A through F and Units 1 through 3
of the Residences at Briar Patch, and the creation of Parcels G and H of the Residences at Briar Patch for
the purposes of preserving open space and mitigating high severity rockfall hazards, located at 1446
Buffehr Creek Road; 1386, 1388, and 1390 Briar Patch Lane; 1374 and 1378 Sandstone Drive /Lots G2,
G5, and G6, Lionis Ridge Subdivision Filing 2 (Residences at Briar Patch), and setting forth details in re-
gard thereto. (PEC110034)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
20 minutes
2.A request for a recommendation to the Vail Town Council for amendments to the Town of Vail Land Use
Plan Map, pursuant to Chapter VIII, Implementation, Town of Vail Land Use Plan, to allow for a land use
category change from Medium Density Residential to Open Space; and a request for a recommendation to
the Vail Town Council for a zone distract boundary amendment, pursuant to Section 12 -3 -7, Amendment,
Vail Town Code, to allow for a rezoning from Residential Cluster Distnct to Natural Area Preservation Dis-
tract, located at 1448 Buffehr Creek Road /Lot G, Residences at Briar Patch Subdivision, and setting forth
details in regard thereto. (PEC110042)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
45 minutes
3.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 re-
lated to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto.
(PEC110040,, PE C110041)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION:
MOTION: SECOND: VOTE:
20 minutes
4.A request for a recommendation to the Vail Town Council for prescribed regulations amendments,
pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for corrections to Section 12 -6F -3, Conditional
Uses, Vail Town Code, to allow communications antennas and appurtenant equipment as a conditional
use in the Low Density Multiple Family Distncts; and for prescribed regulations amendments, pursuant to
Section 12 -3 -7, Amendment, Vail Town Code, for corrections to Section 12 -6E -2, Permitted Uses; Section
12 -6F -2, Permitted Uses; Section 12 -6G -2, Permitted Uses; and Section 12 -13 -4, Requirements by
Employee Housing Unit (EHU) Type, Vail Town Code, to allow Type III Employee Housing Units (EHUs)
as a permitted use in the Residential Cluster (RC), Low Density Multiple Family (LDMF), and Medium
Density Multiple Family (MDMF) Districts, and setting forth details in regard thereto. (PEC110023)
Applicant: Town of Vail
Planner: Rachel Dimond
ACTION:
MOTION: SECOND: VOTE:
5 m inutes
5.A request for a recommendation to the Vail Town Council on prescribed regulation amendmnts to
Chapter 12 -15, Gross Residential Floor Area, Vail Town Code, pursuant to Section 12 -3 -7, Amendment,
Vail Town Code, related to the calculation of gross residential floor area on the lowest level of a structure
that contains a garage in the Hillside Residential, Single - Family Residential, Two - Family Residential, and
Two - Family Primary/Secondary Residential Districts, and setting forth details in regard thereto.
(PEC110043)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Table to August 8, 2011
MOTION: SECOND: VOTE:
5 minutes
6.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 Dimond
ACTION: Table to September 26, 2011
MOTION: SECOND: VOTE:
5 m inutes
7.A request for a recommendation to the Vail Town Council for prescribed regulations amendents,
pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to Sections 11 -7 -15,
Public Parking and Loading Signs for Pnvate Property, Vail Town Code, and 11 -7 -16, Informational and
Directional Siggn for Public Parking on Pnvate Property, Vail Town Code, and setting forth details in regard
thereto. (PEC110021)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Table to August 22, 2011
MOTION: SECOND: VOTE:
5 minutes
8.A request for a recommendation to the Vail Town Council on the Special Events Plans for the 2011 US
Pro Cycling Challenge, to allow for temporary exemptions from Title 10, Building Codes, Title 11, Sign
Regulations, Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Code, and
setting forth details in regard thereto. (PEC110044)
Applicant: Town of Vail
Planner: Rachel Dimond
ACTION: Withdrawn
9.Approval of July 11, 2011 minutes
MOTION: SECOND: VOTE:
10.Information Update
11.Adjoumment
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 Heanng Impaired, for information.
Community Development Department
Published July 22, 2011, in the Vail Daily. (6797112)
Ad Name: 6741526A
Customer: TOWN OF VAIL /PLAN DEPT /COMM
Your account 3
PROOF OF PUBLICATION
STATE OF COLORADO }
}SS.
COUNTY OF EAGLE }
I, Don Rogers, do solemnly swear that I am a qualified
representative ofthe Vail Daily. Thatthe same Daily newspaper
printed, in whole or in part and published in the County
of Eagle, State of Colorado, and has a general circulation
therein; that said newspaper has been published continuously
and uninterruptedly in said County of Eagle for a period of
more than fifty -two consecutive weeks next prior to the first
publication of the annexed legal notice or advertisement and
that said newspaper has published the requested legal notice
and advertisement as requested.
The Vail Daily is an accepted legal advertising medium,
only for jurisdictions operating under Colorado's Home
Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions; and that the first publication of said
notice was in the issue of said newspaper dated 7/8/2011 and
that the last publication of said notice was dated 7/8/2011 in
the issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
07/20/2011.
General Manager /Publisher /Editor
Vail Daily
Subscribed and sworn to before me, a notary public in and for
the County of Eagle, State of Colorado this day 07/20/2011.
Pamela J. Schultz, Notary Public
My Commission expires: November 1, 2011
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning and
Environmental Commission of the Town of Vail will
hold a public hearing in accordance with section
12 -3 -6, Vail Town Code, on July 25, 2011, at 1:00
pm in the Town of Vail Municipal Building, in con-
sideration of:
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 pro-
posed amendments to Chapter VII, Vail Village
Sub - Areas, East Gore Creek Sub -Area ( #6), Vail
Village Master Plan, pursuant to Chapter VIII, Im-
plementation 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. (PEC110040,
PEC110041)
Applicant: Town of Vail
Planner: Bill Gibson
A request for a recommendation to the Vail Town
Council for amendments to the Town of Vail Land
Use Plan Map, pursuant to Chapter VIII, Imple-
mentation, Town of Vail Land Use Plan, to allow for
a land use category change from Medium Density
Residential to Open Space; and a request for a
recommendation to the Vail Town Council for a
zone district boundary amendment, pursuant to
Section 12 -3 -7, Amendment, Vail Town Code, to
allow for a rezoning from Residential Cluster Dis-
trict to Natural Area Preservation District, located at
1448 Buffehr Creek Road /Lot G, Residences at
Briar Patch Subdivision, and setting forth details in
regard thereto. (PEC110042)
Applicant: Town of Vail
Planner: Bill Gibson
A request for a recommendation to the Vail Town
Council on prescribed regulation amendments to
Chapter 12 -15, Gross Residential Floor Area, Vail
Town Code, pursuant to Section 12 -3 -7, Amend-
ment, Vail Town Code, related to the calculation of
gross residential floor area on the lowest level of a
structure that contains a garage in the Hillside
Residential, Single - Family Residential, Two - Family
Residential, and Two - Family Primary /Secondary
Residential Districts, and setting forth details in re-
gard thereto. (PEC110043)
Applicant: Town of Vail
Planner: Bill Gibson
A request for a recommendation to the Vail Town
Council on the Special Events Plans for the 2011
US Pro Cycling Challenge, to allow for temporary
exemptions from Title 10, Building Codes, Title 11,
Sign Regulations, Title 12, Zoning Regulations and
Title 14, Development Standards, Vail Town Code,
and setting forth details in regard thereto.
(PEC110044)
Applicant: Town of Vail
Planner: Rachel Dimond
The applications and information about the propos-
als are available for public inspection during office
hours at the Town of Vail Community Develop-
ment Department, 75 South Frontage Road. The
public is invited to attend project orientation and the
site visits that precede the public hearing in the
Town of Vail Community Development Department.
Please call 970 - 479 -2138 for additional informa-
tion.
Sign language interpretation is available upon re-
quest, with 24 -hour notification. Please call
970 - 479 -2356, Telephone for the Hearing Im-
paired, for information.
Published July 8, 2011, in the Vail Daily. (6741526)