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HomeMy WebLinkAbout2011-1114 PECPLANNING AND ENVIRONMENTAL COMMISSION November 14, 2011 �. 1:OOpm TOWN OF VAII, ' TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT 45 minutes A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Chapter 12 -6, Residential Districts, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (VVT) District, and setting forth details in regard thereto; and a request for a recommendation to the Vail Town Council on proposed amendments to Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. (PEC110040, PEC110041) Applicant: Town of Vail Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: 60 minutes 2. 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/ Kristen Bertuglia ACTION: MOTION: SECOND: VOTE: 5 minutes 3. A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to amend Chapter 12 -22, View Corridors, Vail Town Code, to allow for the maintenance of designated view corridors impacted by vegetation, and setting forth details in regard thereto. (PEC110056) Applicant: Town of Vail Planner: Warren Campbell ACTION: Table to November 28, 2011 MOTION: SECOND: VOTE: Page 1 5 minutes 4. A request for findings of fact and a determination of accuracy and completeness, pursuant to Chapter 12 -3, Administration and Enforcement, Vail Town Code, and Article 12 -713, Commercial Core 1 District, Vail Town Code, for applications for a major exterior alteration, pursuant to Section 12 -713-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of GRFA (Rucksack Building), located at 288 Bridge Street, Unit R -2/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110045); and a major exterior alteration, pursuant to Section 12 -713-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions of enclosed floor area; a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 14 -17, Setback from Watercourse, Vail Town Code, to allow for encroachments into the Mill Creek setback and a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 713-15, Site Coverage, Vail Town Code, to allow for additions of enclosed floor area in excess of allowable site coverage, located at 288 Bridge Street, Unit R -1 (Rucksack Building)/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110046, PEC110050) ACTION: Table to November 28, 2011 MOTION: SECOND: VOTE: 5. Approval of October 24, 2011 minutes MOTION: SECOND: VOTE: 6. Information Update 7. 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 November 11, 2011, in the Vail Daily. Page 2 TOWN OF VAIL � Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 14, 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 SUMMARY A request for a recommendation to the Vail Town Council for amendments to the Vail Town Code to establish the proposed Vail Village Townhouse (VVT) District and proposed amendments to the Vail Village Master Plan related to the East Gore Creek Sub Area. The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for the proposed amendments based upon the findings noted in Section VI of this memorandum. II. DESCRIPTION OF THE REQUEST The purpose of these proposed 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, • Establish incentives for the redevelopment of existing townhouse properties in Vail Village; and, • Preserve the existing character of the townhouse properties in Vail Village and to preserve the existing character of the neighborhood; and, On September 12, 2011, the Planning and Environmental Commission held another public hearing on the proposed new zone district and related master plan amendments. The Commission discussed several issues including gross residential floor area (GRFA), building step backs, and roof pitches. The Commission requested that Staff return with a draft ordinance and draft resolution for the Commission's final review and recommendation to the Vail Town Council. The proposed Zoning Regulation amendment ordinance for the new Vail Village Townhouse (VVT) District (Attachment B) and the proposed Vail Village Master Plan amendment resolution (Attachment C) have been attached for review. Based upon the Planning and Environmental Commission's direction from its September 12th public hearing; the proposed Zoning Regulation amendment ordinance (Attachment B) includes an allowable gross residential floor area (GRFA) ratio of 1.35. As discussed at previous pubic hearings, Staff recommends the Commission forwards a recommendation to the Vail Town Council for an allowable GRFA ratio of 1.25. Attached for reference is a Staff power point presentation to the Vail Town Council dated October 19, 2010 (Attachment E). Based upon public testimony and the Commissioners' deliberations at the September 12th public hearing, Staff has modified the design considerations in the proposed Vail Village Master Plan amendment resolution (Attachment C) related to building step backs. The attached resolution includes a building step back dimension of 6 to 10 feet, rather than 8 to 10 feet as previously proposed. Staff believes this modification preserves the intent of the proposed building step back design considerations, continues to provide opportunities for functional upper story decks, and affords property owners more architectural design flexibility. On September 12th the Planning and Environmental Commission also discussed the proposed design considerations for roof pitches. The proposed resolution continues to include design considerations recommending sloping primary roofs with pitches ranging from 3:12 to 6:12. This roof pitch range is the same as the roof pitch range recommendations of the adopted Vail Village Design Considerations of the Vail Village Master Plan. If the Commission wishes to forward a more restrictive design consideration to the Vail Town Council, Staff recommends the Commission includes this modification as part of the motion. III. BACKGROUND This proposal is similar to past applications to first establish a new Vail Rowhouse Special Development District and later to establish a new Vail Village Townhouse Town of Vail Page 2 District by Chris Galvin, represented by the Mauriello Planning Group and KH Webb Architects, which have since been withdrawn by Mr. Galvin. The Vail Town Council generally supported the concept of establishing a new zone district that is tailored to address these existing, unique townhouse properties in Vail Village. 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. In 2008 and 2009, Chris Galvin, represented by the 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 (HDMF) 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 HDMF 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. 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 with modifications. The Planning and Environmental Commission and the Vail Town Council differed on how much gross residential floor area (GRFA) was appropriate for the new zone district. The Planning and Environmental Commission recommended a GRFA ratio of 1.35, while the Vail Town Council recommended a GRFA ratio of 1.25 on the first reading of the previous Vail Village Townhouse District ordinance. On second reading of the previous ordinance, the Vail Town Council expressed its concern that the development standards of the proposed zone district would not adequately maintain the existing character of the neighborhood. The Vail Town Council tabled the second reading of Mr. Galvin's proposal until the applicant and Staff returned with additional regulations to preserve the neighborhood character. At the Council's direction, 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, intended to preserve the existing character of the neighborhood. Prior to presentation of these proposed design guidelines and master plan amendments to the Vail Town Council, Mr. Galvin withdrew his application. Town of Vail Page 3 On July 25, 2011 the Planning and Environmental Commission held a work session to discuss the Vail Village Townhouse District application re- initiated by Staff at the Vail Town Council's request. Staff presented an overview of the previous Galvin applications and a summary of the Town's current proposal. The Mauriello Planning Group, representing Mr. Galvin, noted their general support for the new district and presented alternatives to the proposed GRFA and building step -back standards. Vail Rowhouse, Unit 11 owner Dolph Bridgewater expressed his opposition to the proposed GRFA limits in the new district and the potential redevelopment of the neighboring Galvin unit. At the Planning and Environmental Commission's request, Staff mailed a courtesy notice to each property owner of record and each home owners association at the Vail Townhouse Condominiums, Vail Rowhouse, Vail Trails East, Vail Trails Chalet, and Texas Townhomes informing them of the Commission's upcoming August 22nd work session on the proposed new zone district. At the request of the Vail Townhouse Condominiums homeowners association, the Commission's August 22nd work session discussion was tabled to the Commission's September 12, 2011 public hearing. On September 12, 2011, the Planning and Environmental Commission held another public hearing on the proposed new zone district and related master plan amendments. The Commission discussed several issues including gross residential floor area (GRFA), building step backs, and roof pitches. The Commission requested that Staff return with a draft ordinance and draft resolution for the Commission's final review and recommendation to the Vail Town Council. This item was tabled at subsequent public hearings at the request of property owners who may be affected by the proposed new zone district and master plan amendments. IV. APPLICABLE REGULATIONS ZONING REGULATIONS 12 -1 -2. PURPOSE. A. General. These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific. These regulations are intended to achieve the following more specific purposes. 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. Town of Vail Page 4 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. VAIL LAND USE PLAN Goal 1. General Growth /Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). Goal 4. Village Core /Lionshead 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 4.3 The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) Goal 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. Town of Vail Page 5 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. VAIL VILLAGE MASTER PLAN CHAPTER V. GOALS, OBJECTIVES, AND ACTION STEPS GOAL #1: Encourage high quality, redevelopment while preserving unique architectural scale of the village in order to sustain its sense of community and identity. Objective 1.1 Implement a consistent development review process to reinforce the character of the Village. Objective 1.2. Encourage the upgrading and redevelopment of residential and commercial facilities. Policy 1.2.1. Additional development may be allowed as identified by the Action Plan and as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. Objective 1.4. Recognize the "historic" importance of the architecture, structures, landmarks, plazas and features in preserving the character of Vail Village. Policy 1.4.2 The Town may grant flexibility in the interpretation and implementation of its regulations and design guidelines to help protect and maintain the existing character of Vail Village. GOAL #2. To foster a strong tourist industry and promote year- around economic health and viability for the village and for the community as a whole. Objective 2.1. Recognize the variety of land uses found in the 11 sub -areas throughout the Village and allow for development that is compatible with these established land use patterns. Policy 2.1.1. The zoning code and development review criteria shall be consistent with the overall goals and objectives of the Vail Village Master Plan. GOAL #3. To recognize as a top priority the enhancement of the walking experience throughout the village. Policy 3.1.1. Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. Objective 3.2. Minimize the amount of vehicular traffic in the Village to the greatest extent possible. Town of Vail Page 6 GOAL #5. Increase and improve the capacity, efficiency, and aesthetics of the transportation and circulation systems throughout the village. Policy 5.1.5. Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. CHAPTER VII: Vail Village Sub -Areas East Gore Creek Sub -Area ( #6) EAS`s' ihEAa 5�J []SKIVE. ■ . LAA7 � ■ � � � VILI.AGE 11 RCAU ■ • •'• -- EaST DOPE CREEK A number of the earliest projects developed in Vail are located in the East Gore Creek Sub -Area. Development in this area is exclusively multi - family condominium projects with a very limited amount of support commercial. Surface parking is found at each site, which creates a very dominant visual impression of the sub -area. While the level of development in East Gore Creek is generally greater than that allowed under existing zoning, this area has the potential to absorb density without compromising the character of the Village. This development could be accommodated by partial infill of existing parking areas balanced by green space additions or through increasing the height of existing buildings (generally one story over existing heights). In order to maintain the architectural continuity of projects, additional density should be considered only in conjunction with the comprehensive redevelopment of projects. Clearly, one of the main objectives to consider in the redevelopment of any property should be to improve existing parking facilities. This includes satisfying parking demands for existing and additional development, as well as design considerations relative to redevelopment proposals. The opportunity to introduce below grade structured parking will greatly improve pedestrianization and landscape features in this area. This should be considered a goal of any redevelopment proposal in this sub -area. Development or redevelopment of this sub -area will attract additional traffic and population into this area and may have significant impacts upon portions of Sub -Areas 7 and 10. Town of Vail Page 7 V. REVIEW CRITERIA Before acting on an application for an amendment to the Zoning Regulations or the Vail Village Master Plan, the Planning and Environmental Commission shall consider the following factors with respect to the requested text amendments: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Based upon the evidence and testimony presented at multiple public hearings, Staff believes the proposed Zoning Regulations amendments and Vail Village Master Plan amendments further the general purposes of the zoning regulations by establishing zoning standards and development recommendations specifically designed to address the redevelopment of the existing townhouse properties in Vail Village, while preserving the existing character of the neighborhood. Staff also believes the proposed amendments further each of the specific purpose of the zoning regulations: 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. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The Town of Vail has granted multiple variances to facilitate the remodeling of several individual townhouse units in Vail Village which has resulted in the inconsistent Town of Vail Page 8 application of zoning standards to existing townhouse properties. Rather than perpetuate the current system of requiring variances for most townhouse unit remodels, the proposed new zone district, and associated master plan amendments, are designed to regulate the existing townhouse developments in Vail Village. Based upon the evidence and testimony presented at multiple public hearings, Staff believes the proposed amendments will minimize the need for future variances and will simplify the development review process. The attached ordinance for the proposed Vail Village Townhouse District includes a GRFA ratio of 1.35. Based upon the existing /allowed GRFA analysis reviewed at previous public hearings, Staff recommends the Vail Village Townhouse District includes a GRFA ratio of 1.25. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The existing townhouse developments in Vail Village such as the Vail Townhouse Condominiums, Vail Row Houses, Vail Trails East, Vail Trails Chalets, and Texas Townhomes are zoned High Density Multiple Family (HDMF) District. These existing townhouse developments are legally non - conforming in regard to multiple development standards of the HDMF District including setbacks, parking, density, etc. The standards of the HDMF District were intended to be applied to larger condominium style developments and were not designed to be applied to townhouse developments consisting of individually platted lots. The Town of Vail has granted multiple variances to facilitate the remodeling of several non - conforming townhouse properties which has resulted in the inconsistent application of zoning standards to existing townhouse properties. Based upon the evidence and testimony presented at multiple public hearings, Staff does not believe the existing HDMF District adequately regulates the existing townhouse developments in Vail Village. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Based upon the evidence and testimony presented at multiple public hearings, Staff believes the propose zoning regulation and master plan amendments are consistent with the Zoning Regulations purposes, Land Use Plan goals, and Vail Village Master Plan goals, objectives, and policies outlined as follows: Goal 1. General Growth /Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. Town of Vail Page 9 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). Goal 4. Village Core /Lionshead 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 4.3 The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) Goal 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. GOAL #1: Encourage high quality, redevelopment while preserving unique architectural scale of the village in order to sustain its sense of community and identity. Objective 1.1 Implement a consistent development review process to reinforce the character of the Village. Objective 1.2. Encourage the upgrading and redevelopment of residential and commercial facilities. Policy 1.2.1. Additional development may be allowed as identified by the Action Plan and as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. Objective 1.4. Recognize the "historic" importance of the architecture, structures, landmarks, plazas and features in preserving the character of Vail Village. Policy 1.4.2 The Town may grant flexibility in the interpretation and implementation of its regulations and design guidelines to help protect and maintain the existing character of Vail Village. GOAL #2. To foster a strong tourist industry and promote year- around economic health and viability for the village and for the community as a whole. Town of Vail Page 10 Objective 2. 1.- Recognize the variety of land uses found in the 11 sub -areas throughout the Village and allow for development that is compatible with these established land use patterns. Policy 2.1.1. The zoning code and development review criteria shall be consistent with the overall goals and objectives of the Vail Village Master Plan. GOAL #3. To recognize as a top priority the enhancement of the walking experience throughout the village. Policy 3.1.1. Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. Objective 3.2. Minimize the amount of vehicular traffic in the Village to the greatest extent possible. GOAL #5. Increase and improve the capacity, efficiency, and aesthetics of the transportation and circulation systems throughout the village. Policy 5.1.5. Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. 5. Such other factors and criteria the planning and environmental commission and /or council deem applicable to the proposed text amendment. Public correspondence received since the Planning and Environmental Commission's September 12, 2011, public hearing has been attached for review (Attachment D). VI. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for the proposed amendments based upon a review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented at multiple public hearings. Should the Planning and Environmental Commission choose to forward a recommendation of approval of this request to the Vail Town Council; the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval, on the 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 Town of Vail Page 11 setting forth details in regard thereto, and a request for a recommendation to the Vail Town Council on proposed amendments to Chapter Vll, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6), Vail Village Master Plan, pursuant to Chapter Vlll, 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)" Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section V of Staff's November 157 2011 memorandum and the evidence and testimony presented at multiple public hearings, 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. " VI. ATTACHMENTS A. Vicinity Map B. Draft Zoning Code Amendments C. Draft Master Plan Amendments D. Public Correspondence (Bugby, Reynolds, and Butterworth) E. Town Council Power Point Presentation Dated 10/19/11 Town of Vail Page 12 Attachment A Town of Vail Page 13 1. pr,� - 1 J � • :�� �� -�'F� � r,.r 4b 137VH.7 'lip AMA, dhy � Ittii 1) VAIL VA LLEY �i F 1 Je t, �dw W L 4 I 1 r 1 r � J Town of Vail Page 13 DRAFT ORDINANCE NO. _ Series of 2011 AN ORDINANCE AMENDING CHAPTER 12 -6, RESIDENTIAL DISTRICTS, VAIL TOWN CODE, TO ESTABLISH THE VAIL VILLAGE TOWNHOUSE (WT) 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 the 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 the amendments is to establish incentives for the redevelopment of existing townhouse properties in Vail Village; and, WHEREAS, the purpose of the 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 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 for the proposed Zoning Regulation amendments to the Vail Town Council by a vote of ; and, WHEREAS, the Vail Town Council finds and determines that the amendment 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 further the general and specific purposes of the Zoning Regulations; and, WHEREAS, the Vail Town Council finds and determines that the amendment 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. _, Series of 2011 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 strikethrn„nh, 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 stFikethFeug4, text that is to be added is bold, and sections of text that are not amended have been omitted): TOWNHOUSE PROJECT: A building or group of associated buildings consisting of multiple - family dwelling units designed as attached or row dwellings that are treated as one entity for zoning purposes. INDIVIDUALLY PLATTED TOWNHOUSE LOT: A portion of a townhouse project that is subdivided and for zoning purposes is treated as a separate entity from the remainder of the project. SECTION 3. Section 12 -4 -1, Designated, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stFikethFeug4, 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 (VVT) 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 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 townhomes, 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 townhome properties that were legally nonconforming in the High Density Multiple Family District. The Vail Village Townhouse District is meant to Ordinance No. _, Series of 2011 2 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 addressing both townhouse projects and 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 changes in parking design requirements. More restrictive design considerations have been applied to these properties in accordance with the Vail Village Master Plan to maintain the unique character of existing townhouse 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. Multiple - family residential dwellings, including attached and row dwellings and condominium 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. Ordinance No. _, Series of 2011 12 -6J -5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area for a townhouse project 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 for individually platted townhouse lots shall be two thousand (2,000) square feet of total site area, 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 and rear property lines. The minimum setback shall be twenty feet (20') from the side property lines, except the setback shall be zero feet (0') from the side 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: Not more than one hundred twenty five (135) 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: Ordinance No. _, Series of 2011 4 Type III 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 stFikethreug , 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 c;trikethreugk text that is to be added is bold, and sections of text that are not amended have been omitted): Residential cluster Low density multiple - family Medium density multiple - family High density multiple - family Vail Village Townhouse Public accommodation 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 Ordinance No. _, Series of 2011 The EHU The EHU may be is sold or excluded transferred from the separately. calculatio maximum. n of GRFA. n/a n/a I 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 strikethre, inh 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 1.35 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 strikethr,,,,nh 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-R4 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 strikethr,,,,nh 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+4 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 stFikGthFG6l h, 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), aaA 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. Ordinance No. _, Series of 2011 6 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 strikethre g 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), aaA 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 strikethreWg , 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 strikethre g text that is to be added is bold, and sections of text that are not amended have been omitted): Ordinance No. _, Series of 2011 </§ 0) IL §/k macƒ aka ƒf & LL /\ )\e \gym a)ƒ y= ƒ \ U) «& \\ )0f /22 Co �7m js7 ƒo \ j7 ƒ) »)«t §k) =I 0 j § � )\ e \ { 5� .0 9 2 7 ~a§ - \00__ 2I8 / _�,��$Gt 27 $07Lu EZ 78 ;e2 a £ S) 220 2 2 ]/f CL _��� ¢)0 a =— c- RE ;c]\ co4) e =o 0 -0 �._ - �f 0Q tr cL E:Eo T■ =U)0 0� __ ,e2 0 ' 2 .000 —.tr- cL E o :E '" ■ 2 %] §27 mmmom a-0 m =kCL E>% CL -§ »g )�� 0 2�0 f2 ]U) \k \ § , �2k��) p�wc 0m CL— . \ S ) &\ } \k \ ER § » \ Cl) ) § E 0 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 day of , 2011 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. , Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. _, Series of 2011 DRAFT RESOLUTION NO. _ Series of 2011 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 (VVT) 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 the amendments is to establish recommendations and design considerations for the redevelopment of existing townhouse properties in Vail Village; and, WHEREAS, the purpose of the 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 , 2011 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 for the proposed Vail Village Master Plan amendments to the Vail Town Council by a vote of ; and, WHEREAS, the Vail Town Council finds and determines that the amendments consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and 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 further the general and specific purposes of the plan; and, WHEREAS, the Vail Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Resolution No. , Series of 2011 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 strikethreug4, 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 YAafy limited amount of support commercial. Surface parking is found at each site, which creates a VAafy 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#Fs 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 ep�y in conjunction with the comprehensive redevelopment of projects or individual units. There are several townhouse properties within this sub -area which were platted and /or constructed under Eagle County jurisdiction. These townhouse properties 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 from the HDMF District 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 well a Es d;gr,9„ 6 ;dP_ F A- t9 ; FS F et+ve — te F8d8Y8I9PMGRt pFepesals. The opportunity to introduce below grade structured parking will greatly improve pedestrian ization and landscape features in this area. This should be considered a goal of any redevelopment proposal in this sub -area. Development or redevelopment of this sub -area may w+4 attract additional traffic and population into this area and may have significant impacts upon portions of Sub -Areas 7 and 10. 2 Resolution No. , Series of 2011 There are several existing townhouse properties in the East Gore Creek Sub -Area, including the Vail Townhouse Condominiums, 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 Townhouse Condominiums, 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. 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. 3 Resolution No. , Series of 2011 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. D. Building Form and Massing: Buildings shall step back from the front property line to create the appearance of a two -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 11 feet in height. The front facade 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 facade of the third floor and any floors above shall step back 6 to 10 feet from the facade of the second floor below. E. Street Edge: Front facade shall be generally parallel to the street and form a strong, but irregular edge to the street. Front facades 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. F. Facade: To reduce the appearance of building height and mass, and to create a residential scale and character, all facades shall incorporate vertical and horizontal articulation to reduce the appearance of building height and mass and to foster the appearance of a residential neighborhood. Facades should incorporate doors, decks, porches, balconies, fenestration, recesses, bay windows, ornamentation, and other traditional residential architectural elements. No facade 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 facade. G. Cantilevers: On the front facade, 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. 4 Resolution No. , Series of 2011 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. 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 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. J. Fences and Site Walls: Privacy fences and walls along the street are 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 roadways 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 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 ReSideptial 1pfill Texas Townhomes /Vail Trails r891o.,ol„n. eRt of eaGh pFejeG -t 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 5 Resolution No. , Series of 2011 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 two to three 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. 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 two to three 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 N 04 VtLLACE CALEX -. k � �• °' .._ ��� �-- �.Sl {'rte:- 6 Resolution No. , Series of 2011 INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this day of )2011. , Mayor ATTEST: Lorelei Donaldson, Town Clerk Resolution No. , Series of 2011 Bill Gibson From: Shelley Bellm Sent: Tuesday, October 25, 20114:33 PM To: Warren Campbell; Bill Gibson Subject: FW: FYI — I received this yesterday. From: Dale Bugby [ma i Ito: DBugby @VailResortRenta Is. Com] Sent: Friday, October 21, 20114:55 PM To: Shelley Bellm Cc: Council Dist List; Stan Zemler; dboillot @reitlerbrown.com; Dick Parker; 'Gigi Pritzker'; 'Debbie Welles' Subject: Dear Planning and Environmental Commission Board Members: The Vail Townhouse Condominiums (VTCA) located at 303 E. Gore Creek Drive lots 2 -6 want to inform the PEC that we have reviewed the proposed zoning district for our street and wish to ask for the following modifications prior to submittal to the Town Council: VTCA's roof slope and other buildings in the new zoning area are the 3:12 or 4:12 range. The proposal allows for up to 6:12 slope which we feel is more alpine or "Beaver Creek/ Bachelor Gulch" slope. If the goal is to maintain the existing character and scale of these buildings, this new steeper slope will change that character. This new zoning was developed for redevelopment or new buildings. That is why privacy fences are not encouraged as they envision main living areas on the second floor level where the better views are found. But the VTCA, Texas Townhomes, Vail Trails East all have existing living areas on the street level where the parking, driving and walking occur. Privacy fences are very nice for those units. None of these projects will be redeveloped in the near future, but may be remodeled and fencing should be included for privacy. The GRFA ratio change is proposed to increase. The VTCA existing ratio is 0.76, which is GRFA (12,322.64 so to lot area (16,214sf). The Galvin group thought a 1.5 ratio would encourage redevelopment (remember, this rezoning was initiated by Chris Gavin for his proposed project combining 2 townhouse lots (8 & 9 ?) in the Vail Rowhouses. He has since withdrawn his application but his architect is advising the TOV staff as the proposed new rezoning continues through the process). The PEC and TOV Council have not decided on the GRFA ratio. Galvin's group initially proposed 1.5 ratio, the PEC recommended 1.35 and the Council was considering 1.25? It is the position of the VTCA that we will only support this re- zoning with the 1.5 GRFA allocation. We want to thank the planning department for giving us the time to better understand this zoning proposal. We look forward to working with you on this process that will impact our property values and remodeling potential for years to come. Sincerely, Vail Townhouse Condominium Association Board of Directors Dale Bugby Managing Agent for VTCA President Vail Resort Rentals, Inc. 970 - 476 -0900 www.vailresortrentals.com Vistar Real Estate, Inc. 970 - 476 -6223 www.vistarrealestate.com cc: Stan Zemler TOV Board Members Dale Bugby Vail Resort Rentals, Inc. 970 - 476 -0900 www.vailresortrentals.com Vistar Real Estate, Inc. 970 - 476 -6223 www.vistarrealestate.com Bill Gibson From: David Reynolds <davidhreynolds @hotmail.com> Sent: Tuesday, November 08, 20112:17 PM To: Bill Gibson Subject: Townhouse Zone District Dear Mr. Gibson, I am aware that he Town of Vail Planning and Environmental Commission will be considering the Vail Village Townhouse District during the meeting of November 14, 2011. As an owner of a unit in Vail Trails Chalet, and a member of the board of managers, I wish to express my support for the revised ordinance. I request that a full basement exemption be allowed or that the GRFA be 1.5. Thank you for your consideration. David H Reynolds 1955 Fox Mountain Point Colorado Springs, Colorado 80906 Bill Gibson From: Jim Butterworth <jim @butterworth.net> Sent: Wednesday, November 09, 20118:23 AM To: Bill Gibson Cc: Warren Campbell Subject: Re: Vail Village Town House Zoning District Attachments: image001.png; image002.png Dear Bill and Warren, my understanding is that this matter is moving to the PEC on the 14th. I know you've been working on this project for a LONG time! With respect to the PEC meeting on Monday, I'd respectfully suggest that the PEC allow either a full basement exemption or for the GRFA ratio to be 1.5. I appreciate your consideration of this request! All the best, Jim From: Bill Gibson <BGibson @vailgov.com> Date: Fri, 23 Sep 201121:37:43 +0000 To: Jim Butterworth <iim @butterworth.net> Subject: RE: Vail Village Town House Zoning District Thanks for your email Jim. We will be tabling this item to at least the October 101h PEC, but may tabled it out even further to the hearing on the 24`h. Sincerely, Bill Bill Gibson, AICP Town Planner Community Development TrrUrm OF uaii', 970.479.2173 970.479 -2452 fax vailgov.com twitter.com /vailgov 1 From: Jim Butterworth [mailto:iim(abutterworth.net] Sent: Wednesday, September 21, 2011 11:59 AM To: Bill Gibson; Warren Campbell Subject: Vail Village Town House Zoning District Dear Warren and Bill: As you know I have been following the proposed Town House district very closely. I would like the attend the next hearing on this proposal but I have a conflict on September 26th and cannot make the meeting. I would like to request that you table the proposal to the October 10th meeting date of the PEC so that I might have the opportunity to speak at the meeting and provide me with a little more time to evaluate the proposal. Please let me know if you are able to accommodate my request and I appreciate your consideration. And thank you for your tireless work on this proposal! Sincerely, Jim Butterworth H 3 0 s 3 b�A co V LM H (1) CMM O r*4 H • _ x Q 0 0 �o 0 o� U 0 -j _W E > O • O � ^c,, L L W a Q o LL oc �, a� LL > 2 C: � 0 0 O_ (10 4-) O O .� X a 0 N � +� X +� O Q X W Q m L� L.L • � c6 cr Q) o o = L Q N O •� N •- X W X N I I U + I I � + U Q •O 4-j LL nro a� c6 0 _ Q I I 4� N Cn a-j O J Q LL DC • Q 0 0 �o 0 o� U 0 0 oc LL Q oc (D 4—j V) a� ca 0 Q aA �X W 0) 0) O O O O O O O 41 (1) c/'f N O Q O0 • • n -, W U c6 L c6 • • •. 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N N N Ln N r4 N c-I '-' O r-I N m I� m Ol r-I r-I r-I r i O O O O O O O J J J J J J J • • r-I Ln r-I Ln Ln Ln Ln N m m m m m m m m N N N N N N N m m N m N N N N 00 r�-I I� r�-I I� I� I� I� m r-I r-I r-I r-I r-I r-I r-I N a--+ a--+ a--+ a--+ 0 0 0 0 m m m m m m m Ln m N m N N N N 00 ono ° m ° ° ° ° N 0o rn oo rn rn rn rn rn a--+ a--+ a--+ a--+ 0 0 0 0 N N N N N N N m m N m N N N N O O Ln O Ln Ln Ln Ln N m m m m m m m Ol a--+ a--+ a--+ a--+ 0 0 0 0 N N N N N N N m � � N r-I N r-I N r-I N m a--+ a--+ a--+ a--+ 0 0 0 0 co N N N Ln 4-j 0 Q0 4-j 0 r�l 4-j 0 4-j 0 N H 3 0 s 3 b�A co V LM H (1) CMM O r*4 H v w 0 0 Q x w !R Q 0 0 �o 0 o� U 0 TOWN OF VAIL � Memorandum To: Planning and Environmental Commission From: Community Development Department Date: November 14, 2011 Subject: Town of Vail Residential Sustainable Building Initiative; review of Site Design Proposed Measures SUMMARY The purpose of this work session is to review the suggested measures in the first category of the Sustainable Building Initiative (SBI): Site Design. The following measures have not been assigned points, and are still in the development phase with the SBI Committee. However each have been evaluated and vetted by the community representatives and recommended as important elements to the health of our local ecosystem and key to any green building initiative. II. BACKGROUND Site Design Measures No permanent improvements in stream setback Mandatory No removal of wetlands unless constructing wetlands of equal or greater square footage within the Town of Vail Mandatory No permanent improvements within 5 feet of wetlands Points TBD No permanent improvements within 10 feet of wetlands Points TBD Driveways = 10% or less of total lot size Points TBD Permeable driveway surface Points TBD Post construction stormwater BMP installed (re- infiltration methods only: e.g. re- infiltration basins or vegetated swales, retention pond, constructed wetlands channel, rain garden installed, vegetated roof.) Points TBD Site Design Measures Rationale Stream Setback Currently, the Vail Town Code requires a minimum setback of 50 feet from the centerline of Gore Creek and 30 feet from all other established tributaries. The regulations are within Chapter 12 -14, Supplemental Regulations, and are as follows: 12- 14 -17. SETBACK FROM WATERCOURSE. Minimum setback from a creek or stream shall be not less than thirty feet (30) from the center of the established creek or stream channel as defined by the town comprehensive plan base maps, provided, however, that the setback from Gore Creek shall be fifty feet (50). Natural creek or stream channels may not be rechanneled or changed. This regulation was enacted by Ordinance No. 19, Series of 1976, in order to "provide for proper land development and use." As is the case with other established setbacks, there are certain encroachments permitted into the setback from watercourse. This includes a ten foot encroachment by at grade patios, as well as five foot encroachment by above grade decks. There is no limit on disturbance during construction, nor are there clear limitations on vegetation and other non - structural improvements. Staff recommends that at grade patios be removed from stream setbacks entirely, because the impervious nature of most at grade patios leads to increased runoff that adversely affects water quality. Staff also recommends that limits of disturbance during construction be limited within the stream setback, also to prevent adverse effects on the watershed. Wetlands Wetlands are a common land feature within the Town of Vail, but regulations for wetlands are vague and disturbance on or within wetlands requires federal approval from the Army Corps of Engineers. Town regulations have no clear requirements for limits of disturbance. The protection of wetlands is essential because wetlands act as a filter, ensuring clean water enters the aquifer. The current regulations for wetlands are as follows: 14 -7 -2: OTHER REQUIREMENTS: A. Wetlands: If staff determines that wetland vegetation exists on the site, a report conducted by a qualified environmental consultant delineating wetland areas must be submitted to the town of Vail and the army corps of engineers in conjunction with a design review board or planning and environmental commission application. Approval from the army corps of engineers must be obtained prior to building permit issuance. 14 -10 -6: RESIDENTIAL DEVELOPMENT. B. The presence of significant site constraints may permit the physical separation of units and garages on a site. The determination of whether or not a lot has significant site constraints shall be made by the design review board. "Significant site constraints" shall be defined as natural features of a lot such as stands of mature trees, natural drainages, stream courses and other natural water features, rock outcroppings, wetlands, other natural features, and existing structures that may create practical difficulties in the site planning and development of a lot. Slope may be considered a physical site constraint that allows for the separation of a garage from a unit. It shall be the applicant's responsibility to request a determination from the design review board as to whether or not a site has significant site constraints before final design work on the project is presented. This determination shall be made at a conceptual review of the proposal based on review of the site, a detailed survey of the lot and a preliminary site plan of the proposed structure(s). Town of Vail Page 2 Staff recommends wetland setbacks be encouraged to bring focus to wetlands on private property, which will hopefully influence site design to some degree, ensuring the health of Gore Creek and surrounding habitat. Other municipalities have a range of wetland setbacks, anywhere from ten feet to one hundred feet. The requirement for wetland setback in the Leadership in Energy and Environmental Design (LEED) program is one hundred feet. The Army Corps of Engineers approval is still relevant, as it is required by the federal government. Snowmelt and Driveway Size In an effort to reduce residential energy use, the topic of limiting or creating an offset program for snowmelt systems have arisen to achieve energy reduction goals. However, snow melted driveways have become an amenity of mountain living, that in some cases, are difficult to travel or maintain without such a system. Another issue related to driveways is the amount of impervious surface that leads to polluted water runoff into the watershed. In an effort to reduce snowmelt systems without banning them, as well as reduce the amount of impervious surfaces on a lot, Staff recommends, as a first step, that driveway size in low density residential districts be encouraged to account for only ten percent of the total lot size. Districts could include Single - Family Residential, Two - Family Residential and Two - Family Primary/Secondary districts. In the future, additional districts could be addressed, but for now, this would make the greatest impact. Existing driveways that are legally nonconforming would not be allowed to expand, but could be maintained. For sites that require additional space for access, a staff approvable variation could be implemented to ensure that the rules are fair for all scenarios. Another requirement related to snowmelt limitations would be that snow melted patios and decks could not count as hardscape as part of the landscaping requirements. Today, 60% of a site is required to be landscaped. Of this requirement, 20% can include hardscape, with no requirements as to its permeability, or whether or not some of all of the space is snowmelted. Staff recommends removing all snow melted surfaces from the definition of hardscape. Permeable Driveway Surface Permeable driveway surfaces have a number of benefits: reduced stormwater runoff and increased ground infiltration, reduced icing, carbon storage and increased traction. A number of options would be included in this measure such as porous asphalt, concrete, double track driveways, block paving and other materials as approved by the Design Review Board. Post Construction Stormwater Best Management Practices (BMPs) As Gore Creek, Red Sandstone Creek, and the Eagle River are currently considered by the State of Colorado as "impaired ", and may be listed on the State's 303(d) list for impaired waters, it is critical the Town take steps to ensure that future development does not impact the health of our water quality or habitat. The best way to mitigate stormwater impacts from new developments is to use practices to treat, store, and infiltrate runoff onsite before it can affect water bodies downstream. Innovative site designs that reduce imperviousness and smaller -scale low impact development practices dispersed throughout a site are excellent ways to achieve the goals of Town of Vail Page 3 reducing flows and improving water quality'. While commercial site development may have more opportunity for large scale BMPs, residential developments may use innovative techniques such as rain gardens, constructed wetlands, swales, etc. to reduce stormwater runoff. The Design Review Board will determine appropriateness to Vail, but the specific measure will be determined by the site engineer. Points will be determined based upon the total square footage offset of stormwater runoff. III. NEXT STEPS Staff will return to the Planning and Environmental Commission on November 28th with items from the next category of the SBI, revisions based upon feedback from the PEC and the public, and with updates from the November 10th SBI Committee meeting. VI. STAFF RECOMMENDATION Staff requests that the Planning and Environmental Commission provide feedback on the proposed Sustainable Building Initiative measures for Site Design and table this item to the November 28th, 2011 hearing. 1 US Environmental Protection Agency (2011): Post - Construction Stormwater Management in New Development and Redevelopment: http: // cfpub. epa. gov / npdes / stormwater /menuofbmps /index.cfm? action =min measure &min_measure _ id =5 Town of Vail Page 4 PLANNING AND ENVIRONMENTAL COMMISSION October 24, 2011 O1:OOpm TOWN TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT Michael Kurz John Rediker Tyler Schneidman Bill Pierce Henry Pratt Luke Cartin Pam Hopkins SITE VISITS None MEMBERS ABSENT None 20 minutes A request for the review of variances from Section 12 -6D -6, Setbacks, Section 12 -6D -8, Density Control, and Section 12 -6D -9, Site Coverage, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for the construction of a garage within the side setback in excess of the allowable gross residential floor area and site coverage, located at 2586 Davos Trail /Lot 4, Block E, Vail das Schone Filing 1, and setting forth details in regard thereto. (PEC110053) Applicant: William R. Aylesworth, represented by Steve Francis Planner: Bill Gibson ACTION: Approved MOTION: Kurz SECOND: Schneidman VOTE: 7 -0 -0 Bill Gibson made a presentation per the Staff memorandum and forwarded the Design Review Board's recommendation that variances be granted for the applicant's original garage design (4:12 roof pitch). Mrs. Francis, representing the applicant, stated that there was a steep driveway condition on the site which she believed warranted the variances for the proposed garage addition and new driveway. Commissioner Pierce noted his support of the applicant's revised garage design (2:12 roof pitch). Commissioner Pratt asked for additional information about the Design Review Board's recommendation. Bill Gibson explained the Design Review Board's recommendation was in response to their belief that the 4:12 pitch roof was architecturally compatible and allowed for roof materials other than built up tar and gravel. Page 1 There was no public comment. 20 minutes 2. A request for the review of a variance from Section 11- 6- 3A -1c, Height, Business identification signs in Sign District 1, Sign Regulations, Vail Town Code, pursuant to Chapter 11 -10, Variances, Vail Town Code, to allow for the installation of awnings with less than eight (8) feet of minimum height clearance above pedestrianways, located at 186 Gore Creek Drive (The Lodge at Vail)/ Lots A, B, C, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110055) Applicant: Tochter, LLC, represented by Leah KS Mayer Planner: Rachel Dimond ACTION: Approved with Condition(s) MOTION: Kurz SECOND: Hopkins VOTE: 7 -0 -0 1. This sign variance approval is contingent upon the applicant obtaining Town of Vail design review approval for the awning sign. 2. This variance shall be granted to all businesses located on the north fagade at the Lodge Promenade. Rachel Dimond made a presentation per the Staff memorandum and outlined the Design Review Board's recommendation of a variance approval for awning height. Commissioner Pratt asked if the photo in Attachment B was a rendering of the proposed awning design. Rachel Dimond responded in the affirmative. Commissioner Pratt explained that the awning was differing in design from the other awnings. Leah Mayer, representing the applicant, provided details on the proposed awning and explained that all awnings on the subject fagade are significantly different. There was no public comment. 45 minutes 3. A request for a recommendation to the Vail Town Council for prescribed regulation amendments to Title 12, Zoning Regulations, Vail Town Code, pursuant to Section 12 -3- 7, Amendment, Vail Town Code, to amend the regulation of indoor and outdoor ski storage, and setting forth details in regard thereto. (PEC110054) Applicant: Town of Vail Planner: Rachel Dimond ACTION: Recommendation of approval with modification(s) MOTION: Kurz SECOND: Schneidman VOTE: 6 -1 -0 (Pratt opposed) 1. The proposed regulations shall be amended to establish outdoor ski staging as an accessory use only, not a conditional use. 2. Design review approval of outdoor ski staging shall be valid for one year. 3. An additional provision shall be added to only allow the amount of outdoor ski staging necessary to operate the business. 4. Section 11 -7 -17 shall be amended to be Section 11 -7 -18. Page 2 5. The duration of use section shall be amended to allow outdoor ski staging from 6am until the close of the associated business. 6. Outdoor ski staging shall be permitted without any design review approval until December 18, 2011, after which design review shall be required. 7. By May 1, 2014, the PEC and Town Council shall review the outdoor ski staging regulations to evaluate the program and determine if amendments should be explored. Rachel Dimond made a presentation per the Staff memorandum with a PowerPoint presentation. Commissioner Hopkins stated that the regulations should be a short -term solution with a set end time until a permanent solution is established. She expressed concern about this use detracting from the beautiful village as it will be occurring outside the establishments. Commissioner Kurz expressed that the Commission requested regulations be written as a conditional use permit. He inquired as to the applicability of including a sunset time period in the regulations as suggested by Commissioner Hopkins. Commissioner Hopkins expressed that there should be a goal in the regulations that encourages the users of this use to seek a better solution than outside use of space. She believes this is a great customer service that will flourish and she believes that future improvements to the concept should be employed as they are found. She is concerned that this use will detract from the village. She pointed out the amount of time focused on newspaper rack designs, streetscape, etc. Commissioner Pratt asked for clarification regarding the limitation on the height of structures in the proposed regulation. Rachel Dimond clarified that the six -foot height limit did not apply to tents. Commissioner Pierce inquired as to the ability to place a time frame on this use if it were to become an accessory use. Commissioner Cartin stated he sees two separate issues regarding hotel verse commercial ski rental establishments. He suggested that the requirements include removal of this use from outside the business by 5 or 5:30 verse 7pm. Commissioner Rediker asked several questions. He inquired with regard to the definition of a retail establishment with rentals. He expressed a concern that there will be a rush for retail establishments to provide this service. He said we may want to narrow the definition of which establishments can offer this service. He suggested that there be a time frame on all approvals. He stated concern about some limitation on the number of racks and the ski yard beginning to look like an outdoor bazaar. He also expressed concern about the enforcement of the aesthetics section of the proposed regulations. He asked if it would be practical to have the racks manned, as it could be costly for smaller businesses. He suggested that a height limitation may be necessary Page 3 for tents. He said he understands why lodges need this use, but is concerned about retail establishments and ski shops providing this service. Johannes Faessler, representing the Sonnenalp, stated that Staff has done a good job establishing regulations for a service the Sonnenalp has been providing for over 20 years. He suggested that the allowed timeframe for operations be left more flexible as his racks are pushed into the store in the retail aisles just before closing. He also stated that one cannot assume that all the skis are going to be picked up the next day as some are being pulled and brought back to the lodge for the guest's departure. He agreed with Commissioner Hopkins that there is probably a better solution out there, but he does not believe this use will go away. He is concerned that there is no commercial ski storage permitted on the first floor which forces this use outside of establishments. He suggested that the retail surrounding Eaton Plaza may be a good area to allow commercial ski storage as they are largely not open in the summer due to removal from the village core. Lance Thompson, representing the Sebastian, stated his business's ability to accommodate any time frame for having the skis put away. Adam Hart, representing the Double Diamond, inquired as to the allowable sign area. He stated that having the racks outside in the evening allows him to accommodate more customers as he places the racks on the first floor of the rental area at night. Jeff Babb, representing Vail Resorts operations, spoke to his ability to have the skis placed away by the 7 pm time frame. He spoke to the need to have the racks manned and he asked that 6 square feet of signage be considered in the regulations. He spoke to how Vail Resorts allows for other entities to come into the ski yard to utilize the space. Johannes Faessler inquired as to how the approval of these applications will occur as ski season is fast approaching. Rachel Dimond responded that should the use be permitted as an accessory use subject to design review only, review by the DRB could occur on November 16, as second reading of an ordinance could occur as quickly as November 15. Commissioner Kurz, suggested that an accessory use was appropriate, sign size of 6 square feet was appropriate, a provision for a revisiting the regulations after three ski seasons. He added that providing for a 30 day amnesty to start the ski off to get your plan approved. Commissioner Rediker stated he is in favor of extended ski rack storage outside, 6 square feet of signage, and approval on a annual basis. He stated he would like to see a statement that no more racks shall be permitted that is necessary for the operation of the business. He said he believes that a sunset clause that would terminate the regulations in three years may be too short based on the investments that will be made by businesses. Page 4 Commissioner Hopkins stated that she was only looking for a provision to revisit the regulations to make improvements after three ski seasons. Commissioner Cartin expressed a concern that the first floor being allowed for storage of racks could entice people to use the outdoor space and aisles to start a new business. Adam Hart of the Double Dimond asked about provisions prohibiting the blocking of store fronts. Commissioner Pratt stated he believes it is important to not limit the approvals to one year, but to call -up an approval if there is a problem. He stated six square feet of signage is appropriate but maybe more should be allowed for logos. He would recommend that certain establishments receive Staff approval if they have been operating without problems. 45 minutes 4. 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: Approved MOTION: Kurz SECOND: Rediker VOTE: 6 -1 -0 (Cartin opposed) Bill Gibson made a presentation per the Staff memorandum. Kathy Langenwalter, local architect, spoke to the examples that were selected by Staff and how they exhibit the topic being discussed. She made herself available for questions. Commissioner Pierce noted that the proposed amendments are what the Commission had requested Staff to prepare. Bill Gibson further clarified that the basement GRFA deduction is separate from the other GRFA deduction. The basement deduction is not intended to be blended with other credits like the garage deduction to artificially allow larger garages. Commissioner Cartin expressed concern about double deductions being applied to the same floor area. Commissioner Hopkins stated that this clarification makes sense and is needed. Commissioner Pratt expressed concern about designers "gaming" the system, but noted that the sample calculations demonstrated the case for the proposed amendments. Page 5 Bill Gibson reiterated that some existing homes will be allowed to become larger than under the current regulations, but only to the same extent already allowed for other homes in the same zone district. 60 minutes 5. 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/ Kristen Bertuglia ACTION: Tabled to November 14, 2011 MOTION: Kurz SECOND: Pratt VOTE: 7 -0 -0 Kristen Bertuglia made a presentation per the Staff memorandum. Martin Haeberle stated that there is support for this countywide program in all communities except Eagle and Gypsum. Commissioner Pierce asked if a recommendation should be made at this time. Rachel Dimond suggested that this is the beginning of many hearings to inform the PEC prior to making any formal recommendations. Commissioner Hopkins stated that it is admirable to keep up with the game. She said that for now, education will help and then we can increase standards to be good stewards of the planet. Rachel Dimond stated that any architectural examples would be helpful to determine how many points are already accrued by new homes. Kristen Bertuglia stated that the Town conducted a cost analysis study and the increase in cost would be between 3% and 10 %, depending on the structure of such a program. Martin Haeberle stated that construction is of high quality so Vail homes are already more efficient than the standard home in Denver. Commissioner Pierce stated that the size of driveways should be addressed when discussing heated driveways. He added that alternative sources of heating should be explored. Commissioner Hopkins stated that in addition, useless solar panels should not be permitted. Page 6 Commissioner Cartin stated that innovation should be split up with design, construction and those innovations contributing to longevity. He added that the Walking Mountains building in Avon is innovative, not just green to be green. Commissioner Pratt stated that you should not be able to buy GRFA as an incentive to be innovative. He added that points for solar panels should only be achieved when the panels lay flat on the roof and are integrated with the structure. He added that when building a house with snowmelt under ecoBuild, the fee was $80,000. Rachel Dimond stated that Staff may propose to eliminate the bonuses for snowmelted driveways including steeper grades and less snow storage. Kristen Bertuglia stated that the goal is to reduce heated space. Michael Kurz stated that the goal of local ecosystem health should be the primary goal. He stated its naive to think anything we do will affect local climate change. However, he stated that improving the gold medal trout status and similar items should be addressed specifically. He added the program is terrific, specifically the concept of providing incentives. Commissioner Cartin identified the gems paradox- the more efficient you become, the more you use resources. Martin Haeberle stated that many mechanical systems are a result of this paradox. Commissioner Kurz asked about studies on cost /square foot between a regular house and a LEED home, for example. Commissioner Hopkins stated in her experience, it can be an approximate 5% increase in cost. Jim Lamont of the Vail Village Homeowners Association stated you need criteria to give more points for buildings that build less square footage than what they are allowed to build. He added that the Town should understand how the regulations will affect cost. Warren Campbell mentioned that while the original owner may want the improvements, the next owner may wish to change the home, and thus, change how points have been achieved. Commissioner Pierce suggested not pushing for solar panels that don't produce energy. Kristen Bertuglia explained the efficiency requirements of a rebate program. 5 minutes 6. A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to amend Chapter 12 -22, View Corridors, Vail Town Code, to allow for the maintenance of Page 7 designated view corridors impacted by vegetation, and setting forth details in regard thereto. (PEC110056) Applicant: Town of Vail Planner: Warren Campbell ACTION: Tabled to November 14, 2011 MOTION: Kurz SECOND: Pratt VOTE: 7 -0 -0 5 minutes 7. 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: Tabled to November 14, 2011 MOTION: Kurz SECOND: Pratt VOTE: 7 -0 -0 5 minutes 8. 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: Withdrawn 9. Approval of September 26, 2011 minutes MOTION: Kurz SECOND: Cartin VOTE: 7 -0 -0 10.Approval of October 10, 2011 minutes MOTION: No action because hearing did not have quorum. 11. Information Update 12.Adjournment MOTION: Kurz SECOND: Cartin VOTE: 7 -0 -0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479- 2138 for additional information. Sign language interpretation is available upon request with 24- hour notification. Please call (970) 479 -2356, Telephone for the Hearing Impaired, for information. Page 8 Community Development Department Published October 21, 2011, in the Vail Daily. Page 9 Ad Name: 7216849A PLANNING AND ENVIRONMENTAL Customer: TOWN OF VAIL /PLAN DEPT /COMM COMMISSON Novem00pm'2011 Your account 1022233 TOWN COUNCIL CHAMBERS - / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 'ir �- • -• - _ -; MEMBERS PRESENT - MEMBERS ABSENT PROOF OF PUBLICATION 45 inutes 1.A request for a recommendation to the Va I Town Council on prescribed regulation amendments to Chapter 12 -6, Residential Districts, Vail Town STATE OF COLORADO } Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (VVT) District, and setting 1 ss 1 forth details in regard thereto; and a request for a recommendation to the Vail Town Council on pro - COUNTY OF EAGLE } 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 I, Don Rogers, do solemnly swear that I am a qualified Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting representative ofthe Vail Daily. Thatthe same Daily newspaper forth details in regard thereto. (PEC110040, Town Appl ca00 of Vail in in in the County la Bill Gibson printed, whole or part and published ACTION; of Eagle, State of Colorado and has a general circulation g g therein; that said newspaper has been published continuously MOTION: SECOND:VOTE: so minutes 2.A request for a final recommendation to the Vail Town Council for prescribed regulations amend- and uninterruptedly in said County of Eagle for a period of ments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Code, pursu- more than fifty -two consecutive weeks next prior to the first ant to Section 12 -3 -7, Amendment, Vail Town code, to provide regulations that will implement sustainable building and planning standards, and of the annexed legal notice or advertisement and setting forth details in regard thereto. publication g (PEC090028) that said newspaper has published the requested legal notice Applicant: Town of Vail Planner: Rchel Dimond/ Kristen Bertuglia and advertisement as requested. ACTION: MOTION: SECOND:VOTE: 5 minutes 3.A request for a recommendation to the Vail Town The Vail Daily is an accepted legal advertising medium, Council for a prescribed regulations amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to amend Chapter 12 -22, View Corridors, only or jurisdictions operating d Colorado's H y .1 p g uner ora s ome Vail Town Code, to allow for the maintenance of designated view corridors impacted by vegetation, Rule rOV1SlOri. p and setting forth details in regard thereto. (PEC110056) Applicant: Town of Vail Planner: Warren Campbell That the annexed legal notice or advertisement was ACTION: Table to November 28, 2011 MOTION: SECOND:VOTE: published in the regular and entire issue of every 5 minutes 4.A request for findings of fact and a determination of accuracy and completeness, pursuant to number of said daily for the period of I y P Chapter 12 -3, Administration and Enforcement, Vail Town Code, and Article 12 -713, Commercial consecutive insertions; and that the first publication of said p Core 1 District, Vail Town Code, for applications for a major exterior alteration, pursuant to Section notice was in the issue of said newspaper dated 11/11/2011 and 12 -713-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the ad- that the last publication of said notice was dated 11/11/2011 in dition of GRFA (Rucksack Building), located at 288 Bridge Street, Unit R -2/ Part of Lots C & D, Block the issue of Said newspaper. 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110045); and a major exterior alteration, pursuant to Section 12 -713-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions of enclosed floor area; In witness whereof, I have here unto set m hand this day, y y a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 14 -17, Setback 11/21/2011. from Watercourse, Vail Town Code, to allow for encroachments into the Mill Creek setback and a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 713-15, Site Coverage, Vail Town Code, to allow for additions of enclosed floor area in excess of allowable site coverage, located at 288 Bridge Street, Unit R -1 (Rucksack Building)/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in General Manager /Publisher /Editor regard thereto. (PEC110046, PEC110050) ACTION: Table to November 28, 2011 Vail Daily Subscribed and sworn to before me, a notary public in and for MOTION: SECOND:VOTE: 5.Approval of October 24, 2011 minutes MOTION: SECOND: VOTE: the County of Eagle, State of Colorado this day 11/21/2011. 6.Information Update 7.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 Pamela J. Schultz, Notary Public orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) My Commission expires: November 1, 2015 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 November 11, 2011, in the Vail Daily. (7216849) Ad Name: 7165827A 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 10/28/2011 and that the last publication of said notice was dated 10/28/2011 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 10/31/2011. 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 10/31/2011. Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 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 November 14, 2011, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for findings of fact and a determination of accuracy and completeness, pursuant to Chapter 12 -3, Administration and Enforcement, Vail Town Code, and Art icle 12 -713, Commercial Core 1 Dis- trict, Vail Town Code, for applications for a major exterior alteration, pursuant to Section 12 -713-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of GRFA (Rucksack Building), located at 288 Bridge Street, Unit R -2/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110045); and a major exterior alteration, pur- suant to Section 12 -713-7, Major Exterior Alter- ations or Modifications, Vail Town Code, to allow for additions of enclosed floor area; a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 14 -17, Setback from Water- course, Vail Town Code, to allow for encroach- ments into the Mill Creek setback and a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 713-15, Site Coverage, Vail Town Code, to allow for additions of enclosed floor area in excess of allowable site coverage, located at 288 Bridge Street, Unit R -1 (Rucksack Building)/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110046, PEC110050) 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 site visits. Please call 970 - 479 -2138 for additional information. 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 October 28, 2011, in the Vail Daily. (7165827)