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HomeMy WebLinkAbout2012-1008 PECTOWN OF VAIL PLANNING AND ENVIRONMENTAL COMMISSION October 8, 2012 at 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado 81657 **Order and times of agenda items are subject to change** 20 minutes A request for a recommendation to the Vail Town Council for a major amendment to a Special Development District, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to amend Special Development District No. 34, Flaum - The Valley Phase V, located at 1521, 1601, and 1631 Buffehr Creek Road/Lots A, B and C, The Valley — Phase V Subdivision, to allow the employee housing requirements of the Special Development District to be met off-site through the provisions of Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto. (PEC120033) Applicant: James and Romma Flaum, represented by the Mauriello Planning Group Planner: Bill Gibson 45 minutes 2. A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code, to require restoration of watercourses and riparian areas, and setting forth details in regard thereto. (PEC120011) Applicant: Town of Vail Planner: Rachel Dimond 3. A request for the review of conditional use permits, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, for a healthcare facility and a public building and grounds, to allow for the redevelopment of the Town of Vail municipal site with a medical research, rehabilitation, and office building and a municipal office building located at 75 and 111 South Frontage Road West/ Unplatted, and setting forth details in regard thereto. (PEC120012) Applicant: Vail MOB, LLC, represented by Triumph Development and Town of Vail, represented by Consilium Partners, Vail Planner: Warren Campbell ACTION: Table to October 22, 2012 4. A request for the review of a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a garage within the setbacks, located at 4192 Columbine Way/Lots 25 & 26, Bighorn Terrace, and setting forth details in regard thereto. (PEC120027) Applicant: Anne Upton, represented by Pierce Architects Planner: Bill Gibson ACTION: Table to October 22, 2012 5. A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to 12-3-7, Amendment, Vail Town Code, to allow for amendments to Title 12, Zoning Regulations, to amend the development review process, and setting forth details in regard thereto. (PEC120010) Applicant: Town of Vail Planner: Rachel Dimond ACTION: Table to October 22, 2012 Page 1 6. A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for amendments to the employee housing unit deed restriction exchange program review process, and setting forth details in regard thereto. (PEC120017) Applicant: Town of Vail Planner: Bill Gibson ACTION: Table to November 26, 2012 7. Approval of September 24, 2012 minutes 8. Information Update 9. Adjournment 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 October 5, 2012 in the Vail Daily. Page 2 TOWN OF VAIL PLANNING AND ENVIRONMENTAL COMMISSION October 8, 2012 at 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado 81657 **Order and times of agenda items are subject to change** 20 minutes A request for a recommendation to the Vail Town Council for a major amendment to a Special Development District, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to amend Special Development District No. 34, Flaum - The Valley Phase V, located at 1521, 1601, and 1631 Buffehr Creek Road/Lots A, B and C, The Valley — Phase V Subdivision, to allow the employee housing requirements of the Special Development District to be met off-site through the provisions of Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto. (PEC120033) Applicant: James and Romma Flaum, represented by the Mauriello Planning Group Planner: Bill Gibson 45 minutes 2. A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code, to require restoration of watercourses and riparian areas, and setting forth details in regard thereto. (PEC120011) Applicant: Town of Vail Planner: Rachel Dimond 3. A request for the review of conditional use permits, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, for a healthcare facility and a public building and grounds, to allow for the redevelopment of the Town of Vail municipal site with a medical research, rehabilitation, and office building and a municipal office building located at 75 and 111 South Frontage Road West/ Unplatted, and setting forth details in regard thereto. (PEC120012) Applicant: Vail MOB, LLC, represented by Triumph Development and Town of Vail, represented by Consilium Partners, Vail Planner: Warren Campbell ACTION: Table to October 22, 2012 4. A request for the review of a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a garage within the setbacks, located at 4192 Columbine Way/Lots 25 & 26, Bighorn Terrace, and setting forth details in regard thereto. (PEC120027) Applicant: Anne Upton, represented by Pierce Architects Planner: Bill Gibson ACTION: Table to October 22, 2012 5. A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to 12-3-7, Amendment, Vail Town Code, to allow for amendments to Title 12, Zoning Regulations, to amend the development review process, and setting forth details in regard thereto. (PEC120010) Applicant: Town of Vail Planner: Rachel Dimond ACTION: Table to October 22, 2012 Page 1 6. A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for amendments to the employee housing unit deed restriction exchange program review process, and setting forth details in regard thereto. (PEC120017) Applicant: Town of Vail Planner: Bill Gibson ACTION: Table to November 26, 2012 7. Approval of September 24, 2012 minutes 8. Information Update 9. Adjournment 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 October 5, 2012 in the Vail Daily. Page 2 Ad Name: 8461469A PLANNING AND ENVIRONMENTAL COMMISSION Customer: TOWN OF VAIL/PLAN DEPT/COMM October 8, aAMBm TOWN COUNCCILIL CHHAMBERS / PUBLIC WELCOME Your account number is- 1OP2P 33 75S. Frontage Road - Vail, Colorado 81657 "Order and times of agenda items are subject to Vail Daily change" 20 minutes 1.A request for a recommendation to the Vail Town Council for a major amendment to a Special De- velopment District, pursuant to Section 12-9A-10, PROOF OF PUBLICATION Amendment Procedures, Vail Town Code, to amend Special Development District No. 34, Flaum - The Valley Phase V, located at 1502, 1601, and 1631 Buffehr Creek Road/Lots A, B. and C, The STATE OF COLORADO } Valley Subdivision, to allow the employee housing requirements of the Special Development District to l SS be met off-site through the provisions of Section I 12-13-5, Employee Housing Unit Deed Restriction } Exchange Program, Vail Town Code, and setting COUNTY OF EAGLE forth details in regard thereto. (PEC120033) Applicant: James and Romma Flaum, represented by the Mauriello Planning Group I, Don Rogers, do solemnly swear that I am a qualified Planner: Bill Gibson 45 minutes 2.A request for a recommendation to the Vail Town representative ofthe Vail Daily. That the same Daily newspaper Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations printed, In whole or In part and published in the County amendments to Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code, of Ea le State of Colorado and has a eneral circulation to require restoration of watercourses and riparian g > > g areas, and setting forth details in regard thereto. therein; that said newspaper has been published continuously Applicantt: Town of Vail and uninterruptedly in said County of Eagle for a period of Planner: Rachel Dimond 3.A request for the review of conditional use per - more than fifty-two consecutive weeks next prior to the first mits, pursuant to Section 12-9C-3, Conditional Us- es, Vail Town Code, for a healthcare facility and a publication of the annexed legal notice or advertisement and public building and grounds, to allow for the rede- velopment of the Town of Vail municipal site with a that said news a has ublished the re uested le al notice medical research, rehabilitation, and office building er p p 1� q g and a municipal office building located at 75 and 111 South Frontage Road West/ Unplatted, and and advertisement as requested. setting forth details in regard thereto. (PEC120012) Applicant: Vail MOB, LLC, represented by Tri- umph Development and Town of Vail, represented by Consilium Partners, Vail The Vail Daily is an accepted legal advertising medium, Planner: Warren Campbell ACTION: Table to October 22, 2012 only for jurisdictions operating under Colorado's Home 4.A request for the review of a variance from Sec - Rule rOVlslon. tion 12-6G-6, Setbacks, Vail Town Code, pursu- li ant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a garage within the setbacks, located at 4192 Columbine Way/Lots 25 & 26, Bighorn Terrace, and setting forth details in That the annexed legal notice or advertisement was regard thereto. (PEC 120027) Applicant: Anne Upton, represented by Pierce Ar - published in the regular and entire issue of every chitects Planner: Bill Gibson number of said daily newspaper for the period of 1 ACTION: Table to October 22, 2012 consecutive insertions; and that the first ublication of said Co request fora recommendation to the Vail Town P Council for a prescribed regulations amendment, pursuant to 12-3-7, Amendment, Vail Town Code, notice was in the issue of said newspaper dated 10/5/2012 and to allow for amendments to Title 12, Zoning Regu- lations, toamend the development review process, that the last publication of said notice was dated 10/5/2012 in and setting forth details in regard thereto. (PEC120010) the issue of said newspaper. Applicant: Town of Vail Planner: Rachel Dimond ACTION: Table to October 22, 2012 6.In witness whereof, I have here unto set m y y Cohand this da , Co Council on request forprescribed regulation arecommendation amendments to to the Vail Town lO/17/2012. Section 12-13-5, Employee Housing Unit Deed Re- striction Exchange Program, Vail Town Code, pur- suant to Section 12-3-7, Amendment, Vail Town Code, to allow for amendments to the employee housing unit deed restriction exchange program re- view process, and setting forth details in regard thereto. (PEC120017) Applicant: Town of Vail §VZ= Planner: Bill Gibson General Man ager/Publisher/Editor ACTION: Table to November 26, 2012 Vail Daily 7.Approval of September 24, 2012 minutes Subscribed and sworn to before me, a notary public in and for S.Information Update the County of Eagle, State of Colorado this day 10/17/2012. 9.Adjournment The applications and information about the propos- als are available for public inspection during regu- lar office hours at the Town of Vail Community De- �^{ velopme public Department, attend South Frontage Road. The public e invited to attend the project public and the site visits that precede the public hearing in the Town of Vail Community Develop- ment Department. Please call (970) 479-2138 for additional information. Sign language interpreta- tion is available upon request with 24-hour notifica- Pamela J. Schultz, Notary Public tion. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. My Commission expires. November 1, 2015 Community Development Department Published October 5, 2012 in the Vail Daily. (8461469) �pRY PUe/ ' PAMELA J. SCHULTZ 9�� COt-SRP$ My Commismn Expires 1llOIQC15 Ad Name: 8404591 A Customer: TOWN OF VAIL/PLAN DEPT/COMM Your account number is- 1 OP2P 33 MW nay 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. That the 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 9/21/2012 and that the last publication of said notice was dated 9/21/2012 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 10/17/2012. General Man ager/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 10/17/2012. 2mg-& 9. -V-� Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 �pRY PUe/ ' PAMELA J. SCHULTZ 9�� COt-SRP$ My Commismn Expires 11/0112015 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 October 8, 2012, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a recommendation to the Vail Town Council for a major amendment to a Special De- velopment District, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to amend Special Development District No. 34, Flaum - The Valley Phase V, located at 1502, 1601, and 1631 Buffehr Creek Road/Lots A, B. and C, The Valley Subdivision, to allow the employee housing requirements of the Special Development District to be met off-site through the provisions of Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto. (PEC120033) Applicant: James and Romma Flaum, represented by the Mauriello Planning Group Planner: Bill Gibson 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 September 21, 2012, in the Vail Daily. (8404591) rowx of va PLANNING AND ENVIRONMENTAL COMMISSION September 24, 2012 1:OOpm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 **Order and times of agenda items are subject to change** MEMBERS PRESENT MEMBERS ABSENT Susan Bird Luke Cartin Pam Hopkins Michael Kurz Bill Pierce Henry Pratt John Rediker 20 minutes A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to allow for amendments to the construction sign regulations, and setting forth details in regard thereto. (PEC120031) Applicant: Town of Vail Planner: Bill Gibson ACTION: Recommendation of Approval with Modifications MOTION: Kurz SECOND: Bird VOTE: 6-0-0 CONDITIONS: 1. The applicant shall modify Section 11-7-6a-1 to allow a maximum sign area of 8 square feet in all residential zone districts. Construction signs in all other zone districts will continue to be allowed a maximum sign area of 20 square feet. Bill Gibson made a presentation per the Staff memorandum. Commissioner Kurz asked about construction sites being required to mitigate large construction fences. Otherwise he had no concerns about this application. Bill Gibson stated that Staff would look into potential regulations amendments. Commissioner Bird asked about projects that currently advertise multiple sub -contractors. Bill Gibson responded that these signs are illegal and are addressed by the Town's Code Enforcement. He added that allowing website information on construction signs would help direct people to information about the various subcontractors involved in the project. Commissioner Bird supported allowing website information on construction signs. Commissioner Pratt stated that the examples provided show two ends of the spectrum and he is concerned about scale. He said the former billion dollar renewal signs may be appropriate for big construction projects. But for small projects, advertisements through realtor information and renderings are not appropriate. He does not support a realtor being the emergency contact name on the sign. Page 1 Commissioner Hopkins did not have any comment Commissioner Rediker asked the original purpose for the signs and how to address the distinction between site information and advertising. He also noted concerns about balancing ease of implementation with one set of regulations with different regulations for different sized construction projects. Commissioner Kurz asked if a condition should be placed to restrict advertising. Commissioner Hopkins stated that there are a number of construction signs currently in East Vail. She believes the renderings help the neighborhood understand what the project will look like. Commissioner Kurz stated the signs could help people get excited about the project. Commissioner Pratt stated that instead of a rendering, perhaps the business logos of extra project partners could be on the sign. Commissioner Pierce stated it should include realtors, architects and contractor. He added the sign only needs to be 8 square feet in size instead of 20 square feet. Commissioner Hopkins stated the signs should only be 6 square feet like other signs. Commissioner Bird added she likes having a rendering allowed on the signs. Commissioner Pierce recommended reducing the allowable size of construction signs. Commissioner Hopkins stated 8 square feet would be good in residential zone districts and 20 square feet could remain in commercial zone districts. Commissioner Kurz agreed with Commissioner Hopkins. 45 minutes 2. A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to 12-3-7, Amendment, Vail Town Code, to allow for amendments to Title 12, Zoning Regulations, to amend the development review process, and setting forth details in regard thereto. (PEC120010) Applicant: Town of Vail Planner: Rachel Dimond ACTION: Tabled to October 8, 2012 MOTION: Kurz SECOND: Rediker VOTE: 6-0-0 Rachel Dimond made a presentation per the Staff memorandum Commissioner Kurz noted concern about construction projects that affect roofs that change building height changes, snow shedding, etc. Commissioner Rediker asked for clarification about how off-site impacts are determined. He noted support for reducing fees and creating savings for developers and property owners. However, he is concerned about reducing fees below the costs of administering the regulations. Commissioner Rediker recommended clarifying the intent of the proposed text related to its applicability to avoid future confusion and legal challenges. He asked if important elements of Page 2 the existing regulations are being lost with the proposed amendments, such as application requirements and approval expirations. Rachel Dimond described what items would be deleted and how those items would be addressed differently. Commissioners Bird, Pratt, and Hopkins had no additional comment. Commissioner Pierce agreed with Commissioner Rediker's comments. Jim Lamont, Vail Homeowners Association, asked for clarification about what projects will have public notice requirements. He does not support any reduction in public notification requirements. Commissioner Rediker asked for further clarification about public notice for projects that affect roof lines. Rachel Dimond noted that currently, newsletters are available with Design Review Board agendas. The Town's goal is to make the GIS system be available online to identify proposed projects. Commissioner Bird suggested that property owners could sign up online to receive notice of any project within a certain neighborhood. Commissioner Rediker asked for clarification about which project would no longer require public notice under the proposed regulations. Rachel Dimond provided examples, including projects in CC1 and CC2 Districts that modify rooflines and add GRFA but do not add new units. Commissioner Hopkins clarified that the notification mostly applies to commercial areas does not affect residential districts. Commissioner Rediker recommended defining the term "substantial off-site impacts". Commissioner Pierce asked about notification of changes in use in the core areas. Rachel Dimond further described existing and proposed notification requirements. Commissioner Pierce asked about notification associated with Staff reviewed items. Rachel Dimond identified concerns about lengthening the development review times associated with additional notice. Commissioner Rediker asked for clarification about current review and notice timeframes. Rachel Dimond described the current notification and review process. Commissioner Rediker described the balance between streamlining and notification. Jim Lamont stated he believes notification should be immediately sent to concerned parties and lists of interested parties should be gathered. He believes as a global community it is important to let everyone know about applications. He believes there is enough political pressure today to Page 3 change covenants to require more public notice. Anything that could affect property values in any way should be noticed. He gave examples of tree removal. He noted that many items that come before DRB should have had neighbor notice in advance. Commissioner Bird noted concern about utilizing the US Postal Service for notice since some letters take many days to be delivered. She recommended expediting a computerized notification process. She agreed with Jim Lamont's comments that there is a need for more public notice. Commissioner Pierce recommended shortening the process, but asked if notification could be sent out earlier in the review process. Rachel Dimond suggested creating an email list Commissioner Pratt recommended sending out notice immediately upon application even if the submittal is not complete. Rachel Dimond noted that Staff will come back with various options to address the Commission's concerns. Commissioner Rediker summarized his concerns about applicability language, fees, application expirations, and notification to neighbors. Commissioner Kurz noted concern about increasing the time frame for review and that sending notification prematurely could misinform neighbors. The notice should be sent once there is a concrete application. Jim Lamont noted that notification should address the project scale such as Ever Vail. Neighbors become upset once deals or agreements have been made before a project is formally submitted. People expect their government to be transparent. He noted the 18th green project as an example of how notification wasn't effective. People need to be informed about anything that may affect their property values. Commissioner Pratt recommended looking toward other communities for examples of more notice. Commissioner Hopkins noted that wise developers contact their neighbors prior to submitting formal development applications to the town. Commissioner Pierce noted that projects like Ever Vail don't sneak -up on anyone, but smaller projects could. Commissioner Pierce addressed Commissioner Kurz's comments. He agreed that shortening the review process is the goal and sending the notice immediately is the only way to condense the times. Commissioner Rediker agreed with Commissioner Pierce's comments. He noted concerns that the onus should be on the applicants and not on the Town Staff to speed up the process. Commissioners Rediker and Hopkins identified challenges with out -of -country owners Page 4 Commissioner Kurz agreed everyone should be notified, but they shouldn't be notified with vague information. Misinformation doesn't shorten anything and notices should be vetted before being sent. 3. A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code, to require restoration of watercourses and riparian areas, and setting forth details in regard thereto. (PEC120011) Applicant: Town of Vail Planner: Rachel Dimond ACTION: Tabled to October 8, 2012 MOTION: Kurz SECOND: Pratt VOTE: 6-0-0 4. A request for the review of a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a garage within the setbacks, located at 4192 Columbine Way/Lots 25 & 26, Bighorn Terrace, and setting forth details in regard thereto. (PEC120027) Applicant: Anne Upton, represented by Pierce Architects Planner: Bill Gibson ACTION: Tabled to October 8, 2012 MOTION: Kurz SECOND: Pratt VOTE: 6-0-0 5. A request for the review of conditional use permits, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, for a healthcare facility and a public building and grounds, to allow for the redevelopment of the Town of Vail municipal site with a medical research, rehabilitation, and office building and a municipal office building located at 75 and 111 South Frontage Road West/ Unplatted, and setting forth details in regard thereto. (PEC120012) Applicant: Vail MOB, LLC, represented by Triumph Development and Town of Vail, represented by Consilium Partners, Vail Planner: Warren Campbell ACTION: Tabled to October 8, 2012 MOTION: Kurz SECOND: Pratt VOTE: 6-0-0 6. Approval of September 10, 2012 minutes ACTION: Approved with modification MOTION: Kurz SECOND: Pratt VOTE: 6-0-0 MODIFICATIONS: 1. Commissioner Pierce asked for the minutes on Page 8 to be amended to express the depth of his concern and his extreme disappointment with the architecture of the proposed medical office building, as stated at the September 10, 2012 hearing. Pam Hopkins added that she agreed with his concerns about that proposal at the September 10, 2012 hearing. 7. Information Update Warren stated benefits forms will be made available soon. Commissioners Pierce and Bird commented on a recent training session they attended. They recommended additional dialog and sessions between the Commission and the Town Council and Design Review Board. They also recommended additional collaboration with other jurisdictions in the county. 8. Adjournment MOTION: Kurz SECOND: Rediker VOTE: 6-0-0 Page 5 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 September 21, 2012 in the Vail Daily. Page 6 rowx of va PLANNING AND ENVIRONMENTAL COMMISSION October 8, 2012 at 1:OOpm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado 81657 **Order and times of agenda items are subject to change** MEMBERS PRESENT Luke Cartin Pam Hopkins Michael Kurz Henry Pratt MEMBERS ABSENT Susan Bird John Rediker Bill Pierce 20 minutes A request for a recommendation to the Vail Town Council for a major amendment to a Special Development District, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to amend Special Development District No. 34, Flaum - The Valley Phase V, located at 1521, 1601, and 1631 Buffehr Creek Road/Lots A, B and C, The Valley — Phase V Subdivision, to allow the employee housing requirements of the Special Development District to be met off-site through the provisions of Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto. (PEC120033) Applicant: James and Romma Flaum, represented by the Mauriello Planning Group Planner: Bill Gibson ACTION: Recommendation of approval with modifications MOTION: Kurz SECOND: Cartin VOTE: 4-0-0 Bill Gibson gave a presentation per the staff memorandum. Commissioner Kurz inquired as to when the proposed EHU exchange would occur and where it might be. Dominic Mauriello responded that the applicants would likely request an exchange in the next year. At this time they did not know where the new EHU would be located, but it would comply with the exchange rates outlined in the Town Code. He continued by presenting a power point presentation on the location, history, and the elements of the application. Commissioner Pratt inquired as to how the EHU garage was calculated into the proposal. Dominic Mauriello clarified that that the proposed GRFA limits would accommodate incorporating the EHU and the EHU garage in the existing house. Commissioner Cartin inquired as to timing of accepting the new EHU and vacating the current deed restriction. Dominic Mauriello explained the simultaneous nature of these actions. Commissioner Kurz made a motion to forward a recommendation of approval with the modifications identified in the staff memorandum. There was no public comment. 2. A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Page 1 Regulations, and Title 14, Development Standards, Vail Town Code, to require restoration of watercourses and riparian areas, and setting forth details in regard thereto. (PEC120011) Applicant: Town of Vail Planner: Rachel Dimond ACTION: Tabled to October 22, 2012 MOTION: Kurz SECOND: Cartin VOTE: 4-0-0 3. A request for the review of conditional use permits, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, for a healthcare facility and a public building and grounds, to allow for the redevelopment of the Town of Vail municipal site with a medical research, rehabilitation, and office building and a municipal office building located at 75 and 111 South Frontage Road West/ Unplatted, and setting forth details in regard thereto. (PEC120012) Applicant: Vail MOB, LLC, represented by Triumph Development and Town of Vail, represented by Consilium Partners, Vail Planner: Warren Campbell ACTION: Tabled to October 22, 2012 MOTION: Kurz SECOND: Cartin VOTE: 4-0-0 4. A request for the review of a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a garage within the setbacks, located at 4192 Columbine Way/Lots 25 & 26, Bighorn Terrace, and setting forth details in regard thereto. (PEC120027) Applicant: Anne Upton, represented by Pierce Architects Planner: Bill Gibson ACTION: Tabled to October 22, 2012 MOTION: Kurz SECOND: Cartin VOTE: 4-0-0 5. A request for a recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to 12-3-7, Amendment, Vail Town Code, to allow for amendments to Title 12, Zoning Regulations, to amend the development review process, and setting forth details in regard thereto. (PEC120010) Applicant: Town of Vail Planner: Rachel Dimond ACTION: Tabled to October 22, 2012 MOTION: Kurz SECOND: Cartin VOTE: 4-0-0 6. A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for amendments to the employee housing unit deed restriction exchange program review process, and setting forth details in regard thereto. (PEC120017) Applicant: Town of Vail Planner: Bill Gibson ACTION: Tabled to November 26, 2012 MOTION: Kurz SECOND: Cartin VOTE: 4-0-0 7. Approval of September 24, 2012 minutes ACTION: Approved MOTION: Kurz SECOND: Hopkins VOTE: 3-0-1 (Cartin abstained) 8. Information Update 9. Adjournment Page 2 ACTION: Approved MOTION: Cartin SECOND: Kurz VOTE: 4-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479- 2356, Telephone for the Hearing Impaired, for information. Community Development Department Published October 5, 2012 in the Vail Daily. Page 3 K) TOWN OF VAIL ` Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 8, 2012 SUBJECT: A request for a recommendation to the Vail Town Council for a major amendment to a Special Development District, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to amend Special Development District No. 34, Flaum - The Valley Phase V, located at 1521, 1601, and 1631 Buffehr Creek Road/Lots A, B and C, The Valley — Phase V Subdivision, to allow the employee housing requirements of the Special Development District to be met off-site through the provisions of Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto. (PEC120033) Applicant: James and Romma Flaum, represented by Mauriello Planning Group Planner: Bill Gibson SUMMARY The applicants, Jim and Cookie Flaum, in cooperation with their neighbors Steve Lindstrom and Margaret Forken, are requesting a major amendment to Special Development District No. 34, Flaum - The Valley Phase V. Special Development District No. 34 has an underlying zoning of Residential Cluster District and consists of three single-family lots: Lot Address Property Owners Current Land Use A 1631 Buffehr Creek Road Flaum Single-family & Type II EHU B 1601 Buffehr Creek Road Lindstrom & Forken Single-family C 1521 Buffehr Creek Road Lindstrom & Forken Undeveloped The applicants are requesting the opportunity to participate in the Town's adopted Employee Housing Unit Deed Restriction Exchange Program and to then integrate an existing employee housing unit (EHU) into their existing home. The applicants' request involves the following proposed amendments to Special Development District No. 34, Flaum - The Valley Phase V: allow the employee housing requirement (one EHU) of the special development district to be met within the district or off-site; and, Town of Vail allow EHUs constructed within the district to be exchanged in accordance with the procedures of Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; and • change the gross residential floor area (GRFA) limits for each lot as follows: o Existing: 2,933 sq.ft. per dwelling unit plus 850 sq.ft. credit for Type II EHU o Proposed: 3,800 sq.ft. per combined area of dwelling unit and Type II EHU The applicants' request is similar to amendments to SDD No. 29, The Valley Phase II (Crossview), which were approved by the Vail Town Council on October 18, 2011, through Ordinance No. 19, Series of 2011. These recent amendments to SDD No. 29 included allowing the one unit employee housing requirement of the district to be met off-site, allowing property owners to participate in the employee housing exchange program, and increasing the allowable GRFA limits for the subject property to accommodate the absorption of the existing EHU into the existing dwelling unit. The applicants' request is also similar to amendments to SDD No. 22, Grand Traverse, which were approved by the Vail Town Council on January 3, 2012, through Ordinance No. 27, Series of 2011. These recent amendments to SDD No. 22 included allowing the six unit employee housing requirement of the district to be met off-site and allowing property owners to participate in the employee housing exchange program. SDD No. 22 has no GRFA limits, so no amendments related to GRFA were necessary to accommodate the absorption of existing EHUs into existing dwelling units. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with modifications, to the Vail Town Council for this application, subject to the findings noted in Section VIII of this memorandum. The Community Development Department recommends several modifications to the applicants' request intended to "clean-up" the unclear, outdated, and inconsistent provisions of the current special development district ordinance. These clean-up amendments do not alter the original intent, purpose, or standards of the special development district. Attached for review is a vicinity map (Attachment A), the applicant's request (Attachment B), and Ordinance No. 9, Series of 2006 (Attachment C) which is the most recent version of the special development district. II. DESCRIPTION OF REQUEST The applicants are requesting the review of a major amendment to Special Development District No. 34, Flaum - The Valley Phase V, to allow the employee housing requirements of the special development district to be met off-site through the Town of Vail Page 2 provisions of Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. Staff recommends modifications to this application to "clean- up" the unclear, outdated, and inconsistent provisions of the existing special development district. These clean-up amendments do not alter the intent, purpose, or standards of the special development district. The proposed amendments to SDD No. 34, including clean-up modifications, are as follows (text to be added is indicated in bold italics and text to be removed is indicated in st4ke t4ou9 h itaAG - SECTION 1 The approval procedure prescribed in T 4e 42, Ghapter-9, SeGgep 40(B) of the Section 12-9A-10, Amendment Procedures, Vail Town Code have been fulfilled, and the Vail Town Council has received the report of the Planning and Environmental Commission recommending approval, of the proposed development plan for Special Development District No. 34. SECTION 2 Special Development District No. 34 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the town, provide adequate open space, employee housing, and promote the objectives of the Town's Zoning ordinance. The development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and there are significant aspects of the special development which cannot be satisfied through the imposition of standard zoning on the area. SECTION 3 Special Development District No. 34 is established for the development en of a parcel of land comprising 1.81 acres (lots 3 and 4, the Valley Phase V) and shall be referred to as "SDD No. 34'° SECTION 4 The Town Council finds that the development plan for SDD No. 34 meets each of the standards set forth in Article 12-9A, Special Development District, Vail Town Code. In accordance with Article 12-9A, Special Development Districts, Vail Town Code, the development plan for SDD No. 34 is approved. SECTION 5 The zone district underlying SDD No. 34 is Residential Cluster (RC). The uses allowed in SDD No. 34 shall be limited to those uses indicated on the development plan and those uses allowed by right, and those uses allowed by conditional use, whiGh aFe as set forth in said zone distr+ctofthe Town of epi g Go Chapter 12-6E, Residential Cluster District, Vail Town Code. SECTION 6 Town of Vail Page 3 In addition to the Approved Development Plan described horrerc in Section 7 herein, the following development standards have been submitted to the Planning and Environmental Commission for its consideration, and the Planning -& and Environmental Commission has forwarded its recommendation of conditional approval to the Town Council, and the Development Plan is hereby approved by the Town Council. The development standards for this SDD shall be those prescribed by the Residential Cluster (RC) zone district unless specifically addressed herein. The fe#ewi g a e the & eGifiG ate o'�ge p tapdo ds fnr SDD peGifiGaI4, addFessed he,- The following are the specific development standards for SDD No. 34.- Base 4: Base Information Underlying Zoning.- Lot oning: Lot area.- Development rea: Development Standard Number of Lots: Dwelling units.- Density: nits: Density: Employee Housing Units (EHU) Buildable Area.- Site rea: Site Coverage: RC (Residential Cluster) 1.81 acres or 79,002 sq. ft. Maximum Allowance/Limitation 3 single family lots 3 single-family dwelling units 1.66 dwelling units/acre I Type // EHU per lot allowed. Ope the ept�� development whiGh must be Per approved development plan and building envelopes. 25% of lot area (per lot) GRFA. 2,9,3,3 sq. f+ /4"'eXPg iini+ The combined area of the dwelling unit and any associated Type 11 EHU shall not exceed 3,800 sq. ft. per lot. Type 11 EHU GRFA: _L^fi�J�id�7/L1Efl-T.�f:T-TJL�i . Town of Vail Page 4 ro,v,iirorl nor nnnditionol , se ro,v,iirovgents fnr Type 4 EHU. A Type 11 EHU constructed in this special development district shall be calculated as GRFA. Garage Area: 600 sq. ft. garage allowed per dwelling unit (exclusive of the EHU). EHU Garage Area: 1 enclosed parking space required per EHU per lot, which must be deed restricted for use by EHU only. Up to 400 sq. ft. GRFA garage G edit deduction allowed per EHU per lot. Setbacks: Per building envelopes delineated on development plan. No GRFA is permitted within 20' of the front property line. Garage area is allowed within 20' from the front property line within the established building envelopes. Parking: Per ChapterIR 52 12-10, Off-street Parking and Loading 77^niniv (7-edo . Vail Town Code Exterior Lighting: Per Ohaptor 49.54 (les4p L7eWeo , Guidegnes, Ze ire Section14-10- 7, Exterior Lighting, Vail Town Code Building Height: 30' for a flat roof, 33' for a sloping roof SECTION 7 SDD No. 34 is subject to the following additional conditions.- The onditions: The development plan shall be that plan entitled "Flaum Residence," prepared by Pierce, Segerberg, & Associates, Architects, dated 11/11/96, with the latest revision on 1/10/97. 2. Trash collection shall be typical residential curbside collection and dumpsters shall not be permitted on these lots or in the adjacent right- of- way. 3. This site shall be limited to one curbcut for all three lots as depicted on the development plan. The entire curbcut shall be developed upon initial construction on any of these three lots. Town of Vail Page 5 4. The applicant shall submit a mitigation plan for the rockfall hazard which shall be reviewed and approved by the applicant's geologist prior to Design Review Board approval for construction of homes on these lots. 5. This approval shall become void if the construction of at least one lot is not commenced within three years of the final approval of the SDD. The developer must meet the requirements of Section 4 9.40 4 0 of the 4upi of Code of the To ,n�/ornir/ 12-9A-12, Time Requirements, Vail Town Code. 6. The recreational amenities tax for this development shall be assessed at the rate required for the Residential Cluster (RC) zone district, as provided for in Chapter 2-5, Recreational Amenities Tax Chapter, Vail Town Code. 7. All retaining walls on-site shall conform to existing Keele Vail Town Code requirements. No retaining wall shall exceed 3' in the first 20' from the front property line on these lots. 8. All development standards contained in this ordinance site shall be noted on the development plan and the final plat for this development. Those notes shall include the following note regarding development within building envelopes: 'All future development will be restricted to the area within the platted building envelopes. The only development permitted outside the platted building envelopes shall be landscaping, driveways and retaining walls associated with driveway construction. At -grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10) nor more than one-half (1/2) the distance between the building envelope and the property line, or may project not more than 5 feet (5) nor more than one—fourth (1/4) the minimum required dimension between buildings." 9. One employee housing unit (EHU I.1) is required for the entire development which must be provided prior to, or in conjunction with, the Building Permit for the third dwelling unit constructed on-site. E4g4t hung -Fed and fifty (950) cry ft of additional GRF=/I droll be allowed fnr the GepstruGtiep of on EHU on eaGh lot. The employee housing requirements of this special development district may be met within the district or off-site. All employee housing units constructed within SDD No. 34 shall be eligible for exchange in accordance with the procedures outlined in Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. Town of Vail Page 6 10. As mitigation for impacts to large trees on-site, 21 additional trees will be provided on-site (7 additional trees per lot). These trees shall have a minimum caliper of 3" for deciduous trees or a minimum height of 8' for conifers and shall be provided at the time of construction on individual lots. SECTION 8 The owners, jointly and severally, agree with the following requirement, which is a part of the Town's approval of the SDD No. 34: All previous approvals and development plans, including the County Approved PUD for the subject property, are hereby null and void. SECTION 9 Amendments to the approved development plan shall be reviewed pursuant to Section 12-9A-10, Amendment Procedure, Vail Town Code. SECTION 10 If any part, section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance, and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses, or phrases be declared invalid. SECTION 11 The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and its inhabitants thereof. SECTION 12. The repeal or the repeal and reenactment of any provisions of Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. III. BACKGROUND According the Ordinance No. 2, Series of 1997: 'AN ORDINANCE CREATING SPECIAL DEVELOPMENT DISTRICT NO. 34 IN ACCORDANCE WITH CHAPTER 18.40 OF THE TOWN OF VAIL Town of Vail Page 7 MUNICIPAL CODE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Lots 3 and 4 of The Valley, Phase V, were platted and approved as a, Planned Unit Development (PUD) by Eagle County on October 29, 1980, and WHEREAS, the development plan for the Eagle County approved PUD allowed one duplex (2 dwelling units) to be constructed on each lot, with a maximum Gross Residential Floor Area of 2,200 sq. ft. per dwelling unit (8,800 sq. ft. combined total of Lots 3 and 4); and WHEREAS, Lots 3 and 4 of The Valley, Phase V, were annexed to the Town of Vail effective December 31, 1980, and WHEREAS, Ordinance No. 13, Series of 1981, accepted and approved the Eagle County approved PUD for the subject property, and WHEREAS, the Town of Vail has determined that the establishment of a Special Development District is the appropriate process to amend the Eagle County approved PUD and development plan, and WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development Districts within the Town in order to encourage flexibility in the development of land; and WHEREAS, the owners of the subject property, Jim and Renna Flaum, or their successors in interest, have submitted an application for the establishment of Special Development District (SDD) No. 34, for a certain parcel of property within the Town, legally described as Lots 3 and 4, The Valley, Phase V; and WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission, on January 13, 1997, held a public hearing on the establishment of a SOD, and has unanimously recommended approval to the Town Council; and" On May 2, 2006, the Vail Town Council adopted Ordinance No. 9, Series of 2006, which amended the GRFA limits for EHUs and EHU garages in Special Development District No. 34, Flaum - The Valley Phase V. This ordinance increased the maximum allowable size of a Type II EHU in this district from 500 sq.ft. to 800 sq.ft. and increased the associated GRFA deduction for the EHU garage from 300 sq.ft. to 400 sq.ft. IV. APPLICABLE PLANNING DOCUMENTS Staff believes that the following are relevant to the review of this proposal: Town of Vail Page 8 TITLE 12: ZONING REGULATIONS, VAIL TOWN CODE CHAPTER 12-6E, RESIDENTIAL CLUSTER DISTRICT 12-6E-1: PURPOSE: The residential cluster district is intended to provide sites for single-family, two- family, and multiple -family dwellings at a density not exceeding six (6) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The residential cluster district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with residential occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. ARTICLE A. SPECIAL DEVELOPMENT (SDD) DISTRICT (in part) 12-9A-1: PURPOSE AND APPLICABILITY: A. Purpose: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use, to improve the design character and quality of the new development with the town, to facilitate the adequate and economical provision of streets and utilities, to preserve the natural and scenic features of open space areas, and to further the overall goals of the community as stated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. 12-9A-2: DEFINITIONS: MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW): Any proposal to change uses, increase gross residential floor area, change the number of dwelling or accommodation units, modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this section), except as provided under section 12-15-4, "Interior Conversions", or 12- 15-5, "Additional Gross Residential Floor Area (250 Ordinance) ", of this title. 12-13-5: EMPLOYEE HOUSING UNIT DEED RESTRICTION EXCHANGE PROGRAM: A. Purpose: The purpose of this Section is to provide occupied livable, affordable employee housing units within the Town of Vail through the establishment of an employee housing unit deed restriction exchange program. The exchange program allows the Town Council to release a deed restriction from an existing employee housing unit in exchange for the placement of an employee housing Town of Vail Page 9 deed restriction on another dwelling unit and/ or a fee -in -lieu payment made to the Town of Vail. B. Applicability: The program established under this section applies to existing employee housing units. This shall not apply to any existing employee housing unit that is already price appreciation capped or any employee housing unit established to meet the on site employee mitigation requirements of chapter 23, "Commercial Linkage", or chapter 24, "Inclusionary Zoning", of this title or as part of an approved development plan. C. Definitions: For the purpose of this section: COMMERCIAL JOB CORE: Those areas located south of Interstate 70, east of the intersection of Forest Road and South Frontage Road, north of Vail Mountain, and west of the town of Vail soccer fields on Vail Valley Road, as further defined by exhibit A of this section. Exchange EHU: The existing non -price appreciation capped employee housing unit or other unit with an employee housing deed restriction that is being proposed to have the deed restriction released as part of this program. Proposed EHU: The existing dwelling unit that is being proposed to receive an employee housing deed restriction as part of this program. D. General Requirements: The Town Council may approve the removal of an employee housing deed restriction from an existing employee housing unit in exchange for the placement of an employee housing deed restriction on to another dwelling unit, and/or the payment of a fee -in -lieu. Exchange EHU requirements.- a. equirements: a. The exchange EHU shall not be part of any employee housing project developed or deed -restricted (in part or in whole) by the Town of Vail. b. The exchange EHU shall not be part of any on-site employee housing mitigation required by inclusionary zoning, commercial linkage, or as part of an approved development plan. c. The property that includes the exchange EHU shall comply with the prescribed development standards (density controls including GRFA and number of units, site coverage, landscaping and parking requirements, etc.), as outlined in the applicable zone district section of Title 12, Zoning Regulations, Vail Town Code, upon exchange of the deed restrictions. Town of Vail Page 10 2. Proposed EHU requirements: a. The proposed EHU(s) shall be located within the Town of Vail. b. The proposed EHU(s) shall be within a homeowners association that does not preclude deed restricted units, does not have a right of first refusal, does not have right to approve the sale or the sale contract, or have any other requirements deemed to be similarly restrictive by the Administrator. c. The proposed EHU shall comply with the minimum size requirements shown in Table 13-2. TABLE 13-2: MINIMUM SIZE OF PROPOSED EHUs Type Of Unit Minimum Size (GRFA) Studio 438 square feet 1 bedroom 613 square feet 2 bedroom 788 square feet 3+ bedrooms 1,225 square feet d. The proposed EHU shall contain a kitchen facility or kitchenette and a bathroom. e. The property on which the proposed EHU is located shall comply with Chapter 12-10, Off -Street Parking and Loading, Vail Town Code. The proposed EHU shall have its own entrance. There shall be no interior access from the proposed EHU to any dwelling unit to which it may be attached. 3. Exchange Rate for Proposed EHUs: a. If the exchange EHU(s) is within the commercial job core and the proposed EHU(s) is also within the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two (2) times the gross residential floor area (GRFA) of the exchange EHU. b. If the exchange EHU is within the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of three (3) times the gross residential floor area (GRFA) of the exchange EHU. c. If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is inside of the commercial job core, the gross Town of Vail Page 11 residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of one and one-half (1.5) times the gross residential floor area (GRFA) of the exchange EHU. d. If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two (2) times the gross residential floor area (GRFA) of the exchange EHU. 4. No Credit Given: If the gross residential floor area (GRFA) of the proposed EHU(s) is in excess of the minimum required gross residential floor area (GRFA) as set forth in Subsection D3 above, the additional gross residential floor area (GRFA) shall not be eligible for use as any form of future credit or for the Commercial Linkage or Inclusionary Zoning employee housing mitigation banks established by Sections 12- 23-7 and 12-24-7, Vail Town Code. 5. Fee -In -Lieu: The applicant may elect to provide a fee -in -lieu payment to the Town of Vail for any portion of the required square footage not provided by a proposed EHU. The town shall only use monies collected from the fees in lieu to provide new employee housing. The applicant shall pay a fee -in -lieu equal to the following formulas: Existing EHU sgft x multiplier x inclusionary zoning fee=Fee-in-Lieu Payment a. If the exchange EHU was approved prior to July 22, 1994 and has a deed restriction that includes the language stating "if the unit is rented, it shall be rented only to tenants who are full time employees..., " the formula for fee -in -lieu payment is: [the square footage of the exchange EHU as recorded on the deed restriction] x [the current rate for inclusionary zoning fee -in -lieu] x 1 b. If the exchange EHU was approved after July 22, 1994 and/or does not have a deed restriction that includes the language stating "if the unit is rented, it shall be rented only to tenants who are full time employees...", and If the exchange EHU is outside of the commercial job core, the formula for fee -in -lieu payment is: [the square footage of the exchange EHU as recorded on the deed restriction] x [the current rate for inclusionary zoning fee -in -lieu] x 2 c. If the exchange EHU was approved after July 22, 1994 and/or does not have a deed restriction that includes the language stating "if the unit is rented, it shall be rented only to tenants who are full time employees...", and is within the commercial job core, the formula for fee -in -lieu payment is: [the square footage of the exchange EHU as recorded on the deed restriction] x [the current rate for inclusionary zoning fee -in -lieu] x 3 Town of Vail Page 12 F. Review Process.- 1. rocess: 1. Submittal Requirements: The administrator shall establish the submittal requirements for an employee housing deed restriction exchange application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the community development department. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed exchange. The administrator and/or the reviewing body may require the submission of additional materials if deemed necessary to properly evaluate the application. 2. Review Procedures.- a. rocedures:a. Administrator Review: The administrator shall review the application for completeness and compliance with this section, and shall make a determination of completeness and compliance with this section within fourteen (14) days of application submittal. Should the administrator deem that the application is incomplete or not in compliance with this section, the administrator shall deny the application. Should the administrator deem the application is both complete and in compliance with this section, the administrator shall forward the application for review by the Vail local housing authority. b. Vail Local Housing Authority Review: The review of a proposed employee housing deed restriction exchange application shall be held by the Vail local housing authority at a regularly scheduled meeting. A report of the community development department staff's findings and recommendations shall be made at the formal hearing before the Vail local housing authority. Within twenty (20) days of the closing of a public hearing on a proposed amendment, the Vail local housing authority shall act on the application. The authority may recommend approval of the application as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this title, or may recommend denial of the application. The authority shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the town council. c. Town Council Review: Upon receipt of the report and recommendation of the authority, the town council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on the application, the town council shall act on the application. The town council shall consider but shall not be bound by the recommendation of the Vail local housing authority. The town council may approve, either in accordance with the recommendation of the Vail local housing authority or in modified form, or the council may deny the application. 3. Criteria and Findings.- Town indings: Town of Vail Page 13 a. Criteria: Before acting on an Employee Housing Deed Restriction Exchange application, the Vail Local Housing Authority and Vail Town Council shall consider the following criteria with respect to the application: 1. The proximity and accessibility of the proposed EHU(s) to the Commercial Job Core and public transportation, and 2. The size of the proposed EHU(s) in relation to the minimum employee housing unit sizes established for Commercial Linkage mitigation in Section 12-23-3, Vail Town Code, and 3. The effect of any homeowners association dues or maintenance fees imposed upon the proposed EHU(s) on the affordability of the proposed unit for an employee, and 4. The correlation between any homeowners association fees imposed upon the proposed EHU(s) and the services and amenities provided by the homeowners association. 5. The extent to which the exchange 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 6. The extent to which the exchange presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and 7. The extent to which the exchange provides for the growth of an orderly viable community and serves the best interests of the community as a whole. VAIL LAND USE PLAN CHAPTER II — LAND USE PLAN GOALS / POLICIES The goal statements which are reflected in the design of the proposed Plan are as follows: 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). 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 14 5.3. Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. 5.5. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. CHAPTER VI — PROPOSED LAND USE OS - Open Space: Passive recreation areas such as geenbelts, stream corridors and drainageways are the types of areas in this category. Hillsides which were classified as undevelopable due to high hazards and slopes over 40% are also included in this area. These hillside areas would still be allowed types of development permitted by existing zoning, such as one unit per 35 acres, for areas in agricultural zoning. Also, permitted in this area would be institutional / public uses. TOWN OF VAIL EMPLOYEE HOUSING STRATEGIC PLAN OBJECTIVES F. Increase and maintain deed -restricted housing within the Town to encourage the efficient use of resources by placing employees closer to their place of work. It is understood there is a reduced need for personal automobiles and reduced transit costs when home and work are in close proximity to one another. Also, there may be changes in workforce demographics that result in opportunities to reduce parking associated with affordable housing in selected locations. To the extent these opportunities can be realized, without negative impacts on the overall community, they will be explored. EMPLOYEE HOUSING UNITS EXCHANGE PROGRAM The Town will conduct a review of the "dispersed housing units" that have been created under the density bonus provisions allowed by Town Code since 1982. It is estimated that 123 units were created under the existing program, typically ranging in size from 300 to 500 square feet. It is believed that many of these units are not being used to house employees as anticipated by the program. Although these units are covered by various types of deed restrictions, the requirements are not uniform and in many cases are not meeting the objective of providing long-term dispersed employee housing. The Town will evaluate the Town of Vail Page 15 V. VI current program and will consider a "deed restriction exchange program" as a part of this overall effort. The program would likely permit, at the initiation of the landowner, the exchange of small rental units for a larger for -sale, price appreciation capped employee housing unit. Guidelines for the program will be developed. It is expected that these standards will address recommended size of units, location, homeowner's fees and other aspects of the program. Such a program has been recently tried in Vail. It is believed that other dispersed employee units, not currently in use, could be leveraged into permanently restricted units by using this technique, it could represent an important element of this overall plan. The Units Exchange Program is to increase the quality and the total quantity of employee housing within the Town of Vail. Achieves Objectives B, E, F, and G. SITE ANALYSIS Addresses: Legal Description: Lots A, B and C, The Valley — Phase V Zone District: Residential Cluster District (underlying) SDD No. 34, Flaum — The Valley Phase V Land Use Designation: Open Space Geologic Hazards: High Severity Rockfall SURROUNDING LAND USES AND ZONING Existing Use North: Open Space West: Open Space East: Open Space South: Multiple -Family Residential VII. REVIEW CRITERIA Zoning District Residential Cluster District Residential Cluster District Residential Cluster District Residential Cluster District The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The one employee housing unit required for Special Development District No. 34, Flaum - The Valley Phase V, has already been constructed on Lot A. Staff finds the integration Town of Vail Page 16 of that floor area into the associated primary residences will not affect the design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Currently, Special Development District No. 34, Flaum - The Valley Phase V, allows 2,993 sq.ft. of GRFA for each single-family house on each of the three subject lots (Lots A, B, and C). The total allowable GRFA of these three lots is 8,779 sq.ft. It can be inferred that this GRFA limit of 2,993 sq.ft. per lot was based upon dividing the Eagle County PUD approved floor area of 8,800 sq.ft. into one -thirds. In addition to 2,933 sq.ft. of allowable GRFA for each lot; the current special development district also allows the construction of an 850 sq.ft. Type II EHU on all three lots. The special development district grants a GRFA credit to these EHUs and the associated floor area does not count toward the 2,933 sq.ft. per lot GRFA limit. Due to this credit, a dwelling unit and EHU in this special development district may have a GRFA calculation of only 2,993 sq.ft; but the bulk and mass of the structure is comparable to a 3,783 sq.ft. house (i.e. 2,933 + 850 = 3,783). The total bulk and mass associated with three dwelling units and three EHUs in this special development district may have a total GRFA of 8,779 sq.ft. of GRFA; but the bulk and mass of these structures is comparable to three houses with a total floor area of 11,349 sq.ft. (i.e. 3,783 x 3 = 11, 349). The applicant is proposing to increase the allowable GRFA for each of the three lots from 2,993 sq.ft. to 3,800 sq.ft. to accommodate the absorption of the existing EHU on Lot A into the existing primary residence. In association with this proposed increase in allowable GRFA, the applicant and Staff are both recommending the special development district be amended such that EHUs constructed on the subject properties are no longer granted a credit or deduction from the GRFA calculations. By calculating both the dwelling unit and the EHU as GRFA, the general bulk and mass allowed in this special development district will be maintained since the currently allowed total bulk and mass is comparable to a 3,783 sq.ft. house. Therefore, Staff finds the applicants' request to be consistent with this criterion. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Staff finds that allowing the removal of the on-site employee housing units will reduce the density of the subdivision which will continue to provide a compatible, efficient and workable relationship with surrounding uses and activity. The housing opportunities provided by the existing employee housing unit will be continued in accordance with the Town's adopted Employee Housing Unit Deed Restriction Exchange Program. Therefore, Staff finds the applicants' request to be consistent with this criterion. Town of Vail Page 17 3. Parking and Loading: Compliance with parking and loading requirements as outlined in Chapter 12-10, Vail Town Code. Staff finds that allowing the removal of the on-site employee housing unit will improve compliance with parking and loading requirements as outlined in Chapter 12-10, Off Street Parking and Loading, Vail Town Code. Therefore, Staff finds the applicants' request to be consistent with this criterion. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Staff finds the application conforms to Town of Vail Employee Housing Strategic Plan recommendations for an employee housing exchange program as outlined in Section IV of this memorandum. Staff also finds this proposal to be consistent with the recommendations of the Vail Land Use Plan as outlined in Section IV of this memorandum. Therefore, Staff finds the applicants' request to be consistent with this criterion. 5. Natural And/ Or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. The subject property is located within a mapped high severity rockfall area. Section 7, Condition 4 of Special Development District No. 34, Flaum - The Valley Phase V, addressing this issue as follows: "The applicant shall submit a mitigation plan for the rockfall hazard which shall be reviewed and approved by the applicant's geologist prior to Design Review Board approval for construction of homes on these lots." There are no proposed amendments to this condition; therefore, Staff finds the applicants' request to be consistent with this criterion. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The employee housing unit required for Special Development District No. 34, Flaum - The Valley Phase V, has already been constructed on Lot A. Staff finds the integration of that floor area into the associated primary residences will not affect any natural features, vegetation or the overall aesthetic quality of the community. Therefore, Staff finds the applicants' request to be consistent with this criterion. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. Town of Vail Page 18 Staff finds that allowing the removal of the on-site employee housing units will reduce the density of the subdivision and will reduce demand on the existing vehicle and pedestrian traffic both on and off site. Therefore, Staff finds the applicants' request to be consistent with this criterion. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The employee housing unit required for Special Development District No. 34, Flaum - The Valley Phase V, has already been constructed on Lot A. Staff finds the integration of that floor area into the associated primary residences will not affect the existing landscaping or open spaces. Therefore, Staff finds the applicants' request to be consistent with this criterion. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The employee housing unit required for Special Development District No. 34, Flaum - The Valley Phase V, has already been constructed on Lot A. Therefore, the applicants' request does not affect the phasing plan or subdivision plan for this special development district. Therefore, Staff finds the applicants' request to be consistent with this criterion. VIII. RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with modifications, to the Vail Town Council for the proposed major amendment to Special Development District No. 34, Flaum - The Valley Phase V. Staff's recommendation is based upon a review of the criteria and findings as outlined in this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with modifications, of this major amendment to a special development district, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval for the major amendment to a Special Development District, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to amend Special Development District No. 34, Flaum - The Valley Phase V, located at 1521, 1601, and 1631 Buffehr Creek Road/Lots A, B and C, The Valley — Phase V Subdivision, to allow the employee housing requirements of the Special Development District to Town of Vail Page 19 be met off-site through the provisions of Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to forward a recommendation of approval for this major amendment to a special development district, the Community Development Department recommends the Commission make the following findings: 'Based upon the review of the criteria outlined in Section Vlll of the October 8, 2012, staff memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. The amendment complies with the standards outlined in Section 12-9A-8, Design Criteria and Necessary Findings, Vail Town Code, and, 2. The amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town, and 3. The amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas, and 4. 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. IX. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Ordinance No. 9, Series of 2006 Town of Vail Page 20 Major Amendment to Special Development District No. 34, Lots A, B, & C, TheValley PhaseV An application to amend the GRFA requirements & to allow for Participation in the EHU Exchange Program for SDD No. 34, Lots A, B, and C, the Valley Phase V ; a Submitted to the Town of Vail: August 27, 2012 I. Introduction Jim and Cookie Flaum, the owners of 1631 Buffer Creek Road / Lot A,The Valley Phase V, are requesting an amendment to Special Development District No. 34, to allow owners within the SDD to participate in the EHU Exchange Program and to allow for additional GRFA. The owners of Lots B and C, Steve Lindstrom and Margaret Forken have also consented to the submittal of this amendment. SDD No. 34 includes lots A, B, and C of the Valley Phase V. The SDD limits the allowable GRFA to 2,933 sq. ft. per unit and requires one EHU prior to the construction of the third unit in the SDD. The EHU was constructed on Lot A, the Flaum Residence in 2006. The Flaums are requesting this amendment to SDD No. 34 so that they may participate in the EHU exchange program. In addition, the amendment allows an increase from 2,933 sq. ft. of GRFA to 3,800 sq. ft. of GRFA (which is a smaller increase than has been allowed generally throughout the Town and the neighborhood). A similar request was recently approved for the Crossview SDD. The Flaum's EHU is 837 sq. ft. To participate in the EHU exchange program, the Flaum's will need to provide an EHU of 1,674 sq. ft. or provide a fee -in -lieu of $230,476. Tract A Lot 2 Lot I II. Background The Valley Phase V Subdivision SDD No. 34 is unique compared to other special development districts in the Town of Vail. Eagle County approved a PUD for the site in October of 1980, known as The Valley Phase V PUD. The PUD allowed for a clustered development of 4 duplex lots and a significant open space tract of just over 12 acres. Each lot was permitted a duplex with each unit limited to 2,200 sq. ft. of GRFA (as defined by Eagle County in 1980). The lots created by the 1980 PUD act as building envelopes and the floor area allowed was not based on a ratio as would be typical. 1 In November of 1981, shortly after Eagle County approved the PUD, the property was annexed into the Town of Vail. The Town of Vail then zoned the property Residential Cluster, but recognized the existing approvals of the Eagle County PUD. It appears that there may have been a lawsuit which required the Town to recognize the County's approval but information on this issue is limited. Residential Cluster, unlike the lower density Town zone districts, bases the GRFA ratio on "buildable area" rather than total lot size. Buildable area is defined as that portion of the lot with less than 40% slopes. These lots are generally very steep and therefore the RC zone district does not appropriately reflect the topography of the area. Zoning these properties RC would have substantially reduced the allowable GRFA, rendering the lots nearly unbuildable without significant variances, which is why the Town recognized the County approvals with the annexation, at a minimum. Because of this recognition of the Eagle County PUD, the Town has interpreted that any changes to the approvals for these lots are done through the SDD process. In 1997, the Town approved an amendment to the Eagle County approval which allowed for Lots 3 and 4, The Valley Phase V to be converted from 2 duplex lots into 3 single family lots. This amendment established SDD No. 34. In 2007, SDD No. 34 was amended to allow for larger EHUs for the site, increasing the allowance from 500 sq. ft. to 850 sq. ft., and increasing the EHU garage credit from 300 sq. ft. to 400 sq. ft. As well as being a unique Special Development District, The Valley Phase V lots are unique in the neighborhood. Because their GRFA was limited by the previous Eagle County PUD, which was carried over into the SDD language, they have not been able to take advantage of any increases in GRFA allowed by the Town over the years. Other RC zoned properties in the neighborhood recently were allowed a 44% increase in the allowable GRFA (the ratio increased from 0.25 to 0.36) and yet since these lots are within an SDD, they did not enjoy the same increase given to similarly situated lots. Lots of similar sizes and topography in nearby subdivisions are permitted significantly more GRFA. Eleni Zniemer and Lia Zneimer Subdivisions were also PUDs approved by Eagle County and subsequently annexed into the Town of Vail, but the process to amend their development rights only require PEC review, rather than an SDD amendment. The following analysis provides a comparison of the GRFA permitted for SDD No. 34 in comparison to the GRFA allowed for other similar dwelling units in the neighborhood. As indicated in the analysis, most other lots, many of which are similar in size and topography, enjoy significantly higher GRFA allowances. The SDD No. 34 properties are allowed significantly less GRFA than nearly every other property in the neighborhood. The same would be true if the analysis were expanded to other single- family homes throughout the town. Even at 3,800 sq. ft. of GRFA as proposed, these homes will be among the lowest in GRFA in the neighborhood. 2 Map Key: Lionsridge F4 B2 SDD No. 34 Eleini Zneimer Lionsridge F4 B4 GRFA Analysis for the Buffer Creek Neighborhood: Lot Lot Size Allowed GRFA GRFA as % of Lot Area SDD No. 34 - Underlying Zoning of Residential Cluster Lot A 20,725.851 2,933 14% Lot B 26,284.101 2,933 11% Lot C 132,012.241 2,933 9% Average 26,340.73 2,933 I I Eleini Zneimer Subdivision - Zoned Residential Cluster Lot 1 218,235.60 5,267 2% Lot 2 92,957.04 5,267 6% Lot 3 95,788.44 5,267 5% Lot 4 83,286.72 5,267 6% Lot 5 28,357.56 5,500 19% Lot 6 22,476.96 4,180 19% Average 90,183.7215,1251 9.5 Lionsridge F4 Block 4 - Zoned Primary/Secondary Lot I 36,198.36 8,822 24% Lot 2 35,457.84 8,777 25% Lot 3 27,442.80 8,118 30% Lot 4 35,370.72 8,772 25% Lot 5 31,71 1.68 8,553 27% Lot 6 40,336.56 9,070 22% Average 34,419.66 8,6851 25.5 3 Lot Lot Size Allowed GRFA GRFA as % of Lot Area Lionsridge F4 Block 2 - Zoned Primary/Secondary Lot 2 20,647.44 5,384 26% Lot 3 NA NA NA Lot 4 17,293.32 4,948 29% Lot 5 20,560.32 5,373 26% Lot 6 20,865.24 5,412 26% Lot 7 23,740.20 5,786 24% Lot 8A 60,243.48 10,532 17% Lot 8B 60,243.48 10,532 17% Lot 9 26,048.88 6,086 23 Lot 10 13,590.72 4,467 33% Lot 11 67,213.08 11,438 17% Average 33,044.616 6,996 23.8% Lia Zneimer - Zoned Residential Cluster Lot 1 55,713.24 3,500 6% Lot 2 32,805.041 4,271 13% Lot 3 37,343.99 3,495 9% Lot 4 50,181.12 4,524 9% Lot 5 50,181.12 5,264 10% Lot 6 41,556.24 4,500 11% Lot 7 34,848.00 4185 12% Average 44,630.125 4,259 10% Overall Average (Excluding SDD NO. 34) 47,610 6,295 18% Overall Median (Excluding SDD NO. 34) 35,458 5,373 19% III. Zoning Analysis Lot GRFA Existing GRFA Proposed % Increase % of Lot Area Lot A 2,933 3,800 29.6% 18.3 Lot B 2,933 3,800 29.6% 14.5% Lot C 2,933 3,800 29.6% 11.9% There is no change to any other development standards as provided by the Special Development District. As indicated from this analysis, the percent increase of 29.6% in GRFA is substantially less than that allowed in 2004 (44% increase) for other Residential Cluster zoned properties and that the ratio 4 of lot size to floor area at 11% to 18.3% is more appropriate given the average within the neighborhood of 18%. Therefore, the proposed increase in GRFA creates more equity among similarly situated properties and the increase allows these properties to remain consistent and compatible with neighboring properties. IV. Criteria for Review for the Major Amendment to a Special Development District Section 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS, Vail Town Code, provides the criteria for review of a Major Amendment to a Special Development District. These criteria have been provided below, along with an analysis of how this proposal complies with these criteria: I. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Applicant Response: Other lots in the neighborhood are permitted significantly more GRFA as indicated in the charts above. The average lot in this neighborhood is allowed up to 6,295 sq. ft. of GRFA, while these lots are limited to 2,933 sq. ft. of GRFA per unit. In addition to the overall allowance of GRFA, the percentage of GRFA compared to lot size is less than similar lots. Lot (Flaum) Because the proposal includes the ability to eliminate the existing EHU restriction on Lot and use the floor area already existing within the building, there is no impact to the architectural design of the existing house, including the scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. However, if the owner chose to maintain the EHU and add GRFA through an addition, the design, scale, bulk, building height, etc., would still be compatible with the neighborhood. Lot B (Lindstrom) The existing home on Lot B could potentially add approximately 867 sq. ft. of GRFA with this proposed SDD amendment, assuming the property is currently maxed out on GRFA. Any application to add GRFA will comply with the requirements of the SDD and the Zoning Regulations, in addition to the Design Guidelines. Lot C (undeveloped This site is currently undeveloped, but any new construction on Lot C will comply with the requirements of the SDD and the Zoning Regulations, in addition to the Design Guidelines. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Applicant Response: There is no change to the proposed uses and activities for the SDD. There will be less density on the site as the EHU will no longer be located on this property. 5 3. Parking And Loading. Compliance with parking and loading requirements as outlined in chapter 10 of this title. Applicant Response: Lot (Flaum) The existing unit complies with parking and loading requirements. The future elimination of the EHU restriction will reduce the parking requirement for this site. Lot B (Lindstrom) There is no change in the parking requirement for Lot B with the increase in GRFA. The current parking requirement for Lot B is 3 parking spaces. Increasing the allowable GRFA to 3,800 sq. ft. maintains the same parking requirement, so an addition this lot would not generate the need for additional parking. Lot C (undeveloped) The parking lot requirement for this lot will be assessed when an application for development is submitted to the Town. However, the parking requirement is 3 spaces if the lot were developed to the maximum GRFA both existing and proposed. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Applicant Response: The Vail Land Use Plan provides the following Goals and Objectives which are applicable to this proposal: 1. General Growth I Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2. The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3. The quality of development should be maintained and upgraded whenever possible. 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3. Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. 5.5. The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. The proposal complies with the Vail Land Use Plan. 5. Natural And/Or Geologic Hazard. Identification and mitigation of natural and/or geologic hazards that affect j'ect the property on which the special development district is proposed. Applicant Response:The proposed amendment has no effect on the above criterion. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Applicant Response: The proposed amendment has no effect on the above criterion. By allowing the applicant to use the floor area already existing in the EHU, the is no need for an addition which would impact the site plan or building design. As a result, no additional site disturbance or landscape impacts will occur. No exterior changes are proposed with this request. 7. Traffic. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. Applicant Response: The proposed amendment has no effect on the above criterion. However, the reduction of the EHU will minimally reduce the traffic in the neighborhood. 8. Landscaping. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Applicant Response: The proposed amendment has no effect on the above criterion. No landscape changes are proposed with this request. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Applicant Response: The proposed amendment has no effect on the above criterion. FA V. Adjacent Addresses STEVEN J. LINDSTROM REVOCABLE TRUST - ETAL PO BOX 1 152 VAIL, CO 81658 FLAUM, RONNA J. PO BOX 3117 VAIL, CO 81658 TOWN OFVAIL IN CARE OF NAME FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 VALLEY RECREATION & PARKING ASSOC PO BOX 3176 VAIL, CO 81658 KENTON M KROHLOW PO BOX 2475 EDWARDS, CO 81632 BURGERMEISTER, MICHAEL F. & NANCY K. OWNER ADDRESS 755 7TH ST BOULDER, CO 80302 BURGHARDT, LARS & HELGA IN CARE OF INGE ANDERSON 302 S ROBB WAY LAKEWOOD, CO 80226 MADDEN, JOHN W., III 370 17TH ST STE 3500 DENVER, CO 80202 9 ORDINANCE NO. 9 Series of 2006 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 2, SERIES OF 1997, PROVIDING FOR CHANGES TO SPECIAL DEVELOPMENT DISTRICT NO. 34, FLAUM-THE VALLEY PHASE V, THAT CONCERN THE INCREASE IN THE ALLOWABLE GROSS RESIDENTIAL FLOOR AREA (GRFA) FOR EMPLOYEE HOUSING UNITS (EHUS) AND ASSOCIATED GARAGES WITHIN THE DISTRICT; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Chapter 9 of the Vail Town Code authorizes Special Development Districts within the Town; and WHEREAS, The Town Council approved Ordinance No. 2, Series of 1997 Special Development District No. 34, Flaum-The valley Phase V; and WHEREAS, The owners of the three lots within the SDD have requested to amend the existing Special Development District No. 34; and WHEREAS, Section 12-9A-10 of the Vail Town Code provides procedures for major amendments to existing Special Development Districts; and WHEREAS, The applicant has complied with the requirements outlined in Section 12-9A-10 of the Vail Town Code; and WHEREAS, The Special Development District provides for creativity and flexibility to allow for the development of land within the Town of Vail; and WHEREAS, On March 27, 2006, the Planning and Environmental Commission held a public hearing on the major amendment proposal and has recommended that certain changes be made to Special Development District No. 34, Flaum-The Valley Phase V; and WHEREAS, The Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and re-enact Ordinance No. 2, Series of 1997 to provide for certain changes in Special Development District No. 34, Flaum-The Valley Phase V. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 2, Series of 1997 is hereby repealed and re-enacted to read as follows: SECTION 1 The approval procedure prescribed in Title 12, Chapter 9, Section 10(B) of the Vail Town Code have been fulfilled, and the Vail Town Council has received the report of the Planning and Environmental Commission recommending approval, of the proposed development plan for Special Development District No. 34. SECTION 2 Special Development District No. 34 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the town, provide adequate open space, employee housing, and promote the objectives of the Town's Zoning ordinance. The development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and there are significant aspects of the special development which cannot be satisfied through the imposition of standard zoning on the area. SECTION 3 Special Development District No. 34 is established for the development on a parcel of land comprising 1.81 acres (lots 3 and 4, the Valley Phase V) and shall be referred to as "SDD No. 34". SECTION 4 The Town Council finds that the development plan for SDD No. 34 meets each of the standards set forth in Article 12-9A, Special Development District, Vail Town Code. In I accordance with Article 12-9A, Special Development Districts, Vail Town Code, the development plan for SDD No. 34 is approved. SECTION 5 The zone district underlying SDD No. 34 is Residential Cluster (RC). The uses allowed in SDD No. 34 shall be limited to those uses indicated on the development plan and those uses allowed by right, and those uses allowed by conditional use, which are set forth in said zone district of the Town of Vail Zoning Code. SECTION 6 In addition to the Approved Development Plan described herein in Section 7, the following development standards have been submitted to the Planning and Environmental Commission for its consideration, and the Planning & Environmental Commission has forwarded its recommendation of conditional approval to the Town Council, and the Development Plan is hereby approved by the Town Council. The development standards for this SDD shall be those prescribed by the Residential Cluster (RC) zone district unless specifically addressed herein. The following are the specific development standards for SDD specifically addressed herein. The following are the specific development standards for SDD no. 34: Base Information Underlying Zoning: Lot area: Development Standard RC (Residential Cluster) 1.81 acres or 79,002 sq. ft. Maximum Allowance/Limitation Number of Lots: 3 single family lots 3 Dwelling units: Density: Employee Housing Units (EHU) Buildable Area: Site Coverage: GRFA: 3 dwelling units 1.66 dwelling units/acre 1 Type II EHU per lot allowed. One Employee Housing Unit is required for the entire development which must be provided prior to, or in conjunction with, the Building Permit for the third dwelling unit constructed on-site. Per approved development plan and building envelopes. 25% of lot area (per lot) 2,933 sq. ft./dwelling unit Type II EHU GRFA: 850 sq. ft. allowed per lot for development of an EHU, per Type II EHU requirements. Planning and Environmental Commission review is required per conditional use requirements for Type II EHU. Garage Area: 600 sq.ft. allowed per dwelling unit (exclusive of the EHU) EHU Garage Area: 1 enclosed parking space required per EHU per lot, which must be deed restricted for use by EHU only. Up to 400 sq. ft. garage credit allowed per EHU per lot. Setbacks: Per building envelopes delineated on I development plan. No GRFA is permitted within 20' of the front property line. Garage area is allowed within 20' from the front property line within the established building envelopes. Parking: Per Chapter 18.52 Off-street Parking and Loading, Zoning Code Exterior Lighting: Per Chapter 18.54 Design Review Guidelines, Zoning Code Building Height: 30' for a flat roof, 33' for a sloping roof C=rI-rInKI 7 SDD No. 34 is subject to the following additional conditions: 1. The development plan shall be that plan entitled "Flaum Residence," prepared by Pierce, Segerberg, & Associates, Architects, dated 11/11/96, with the latest revision on 1/10/97. 2. Trash collection shall be typical residential curbside collection and dumpsters shall not be permitted on these lots or in the adjacent right -of- way. 3. This site shall be limited to one curbcut for all three lots as depicted on the development plan. The entire curbcut shall be developed upon initial construction on any of these three lots. 4. The applicant shall submit a mitigation plan for the rockfall hazard which shall be reviewed and approved by the applicant's geologist prior to Design Review Board approval for construction of homes on these lots. 5. This approval shall become void if the construction of at least one lot is not commenced within three years of the final approval of the SDD. The 5 developer must meet the requirements of Section 18.40.120 of the Municipal Code of the Town of Vail. 6. The recreational amenities tax for this development shall be assessed at the rate required for the Residential Cluster (RC) zone district, as provided for in Chapter 3.36 of the Town of Vail Municipal Code. 7. All retaining walls on-site shall conform to existing code requirements. No retaining wall shall exceed 3' in the first 20' from the front property line on these lots. 8. All development standards contained in this ordinance site shall be noted on the development plan and the final plat for this development. Those notes shall include the following note regarding development within building envelopes: "All future development will be restricted to the area within the platted building envelopes. The only development permitted outside the platted building envelopes shall be landscaping, driveways and retaining walls associated with driveway construction. At -grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one-half (1/2) the distance between the building envelope and the property line, or may project not more than 5 feet (5') nor more than one—fourth (1/4) the minimum required dimension between buildings." 9. One Employee Housing Unit (EHU, Type II) is required for the entire development which must be provided prior to, or in conjunction with, the Building Permit for the third dwelling unit constructed on-site. Eight hundred and fifty (850) sq. ft. of additional GRFA shall be allowed for the construction of an EHU on each lot. 0 10. As mitigation for impacts to large trees on-site, 21 additional trees will be provided on-site (7 additional trees per lot). These trees shall have a minimum caliper of 3" for deciduous trees or a minimum height of 8' for conifers and shall be provided at the time of construction on individual lots. SECTION 8 The owners, jointly and severally, agree with the following requirement, which is a part of the Town's approval of the SDD No. 34: All previous approvals and development plans, including the County Approved PUD for the subject property, are hereby null and void. SECTION 9 Amendments to the approved development plan shall be reviewed pursuant to Section 12-9A-10, Amendment Procedure, Vail Town Code. SECTION 10 If any part, section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses, or phrases be declared invalid. SECTION 11 The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and its inhabitants thereof. 7 SECTION 12. The repeal or the repeal and reenactment of any provisions of Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of April, 2006 and a public hearing for second reading of this Ordinance set for the 2nd day of May, 2006, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 2nd day of May, 2006. ATTEST: Lorelei Donaldson, Town Clerk E Rodney E. Slifer, Mayor r is �.F;+ r•a[ i� y vri ' a>>.-� i l'`0 VIP MW ' � � '.• !� N it '4''� , � _: � s`�. �.��ry-y►����. . r ,1' .'sem• �m a kyr. ■ �.IN- � � •' RAP,�. fit•`- �.Z �. t m. • r- ' Iry �•3- � �} _mss jr. . � 1�' �-' * �' � � � ► e s, �+- _ 'fir �. - s " a►� Y '�'��� +; `R� �� • +� ten• a'+ � .MJ. r _ - ,� � ■�� '"'r�' � i * Ilk. � y \ \ � ' - . A � � art• � 1 � r - '-: �:�`'\ �\ is �•• r � y 1 \ y s , r x� , • +! 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(PEC120011) Applicant: Town of Vail Planner: Rachel Dimond PROBLEM STATEMENT The purpose of this work session is to discuss options for restoration of watercourses and riparian areas throughout the Town of Vail. Problem Statement: Throughout the Town of Vail, property owners have made improvements and/or disturbed watercourses and riparian areas on and adjacent to their property, which impedes these sensitive areas' ability to provide habitat to wildlife, filters for storm water run-off, and streambank stabilization. The degradation of watercourses and riparian areas, in part by human disturbances, has led to the degradation of Gore Creek and its tributaries, which in turn has caused the State of Colorado to deem Gore Creek impaired. As this is a work session, Staff requests the Planning and Environmental Commission listen to the presentation, ask any pertinent questions and provide input on the potential regulation amendments. Further, Staff requests this item be tabled to the October 22, 2012 hearing. II. DISCUSSION ITEMS Planning and Environmental Commission (PEC) Comments The following were PEC Comments from August 25, 2012 with Staff response: The PEC recommended Staff review a larger setback from the streambank after discussion regarding what can be achieved through 15 foot versus 25 foot setbacks. At 15 feet, a minimal amount of stabilization, shade, habitat and filtering occurs. However, 25 feet of riparian buffer would allow for increased filtration of chemicals and pollutants. o As an attachment (Attachment A), Staff has provided a detailed map of Gore Creek, showing a number of elements: ■ Light purple line: Gore Creek Streambank ■ Pink line: 15 feet from Gore Creek Streambank ■ Purple line: 25 feet from Gore Creek Streambank ■ Blue solid polygon: Gore Creek ■ Yellow line: 15 feet from edge of Gore Creek ■ Green line: 50 foot setback from centerline of Gore Creek (existing setback to remain) ■ Light blue shading: 100 Year Floodplain ■ Light blue line: 15 feet from 100 Year Floodplain ■ Dark Blue line: FEMA Floodway o Staff will further review this map, nonconforming properties and examples provided in Attachment B at the hearing in a presentation. • Amend definition of normal high water mark. o On August 25, 2012, the definition of high water mark was: Normal High Water Mark: The common highest edge of watercourse, which can be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, typically denoted by water saturation, gravel, rock, sand or saturated soil o The key factor in creating a setback from normal high water mark is that this line will be surveyed by a surveyor and water quality specialist to remove any ambiguity regarding this line. Staff proposes the following definition: ■ Normal high water mark: The common highest edge of watercourse, which can be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, typically denoted by water saturation, gravel, rock, sand or saturated soil, as defined in the Normal High Water Mark Survey dated X (date to be filled in). • PEC members expressed concern regarding multiple ownership buildings and requirements to mitigate. o Staff believes that in order to improve water quality, multiple ownership buildings should be required to mitigate riparian areas, just as single-family buildings are required to do so (mitigation required for additions of GRFA of 500 square feet or greater). However, there may be a way to require partial mitigation or to increase the threshold for required mitigation. Does the PEC request to amend this requirement? • Create incentive programs for riparian restoration. Town of Vail Page 2 o Staff will work with the Vail Town Council to implement grant programs to provide incentives for riparian restoration, including financial incentives, tax refunds, etc. • Regulations need to address pesticide/herbicide use adjacent to Gore Creek and its tributaries. o There is a difference between pesticide and herbicide applications adjacent to Gore Creek. Pesticides, which work to eradicate insects that are infecting trees, are regularly sprayed into the air to get to the tops of tall trees. These pesticides then pollute Gore Creek and eliminate insects in the water. Herbicides are different in that they are required to be used per the manufacturer's instructions, which specify distances from water sources. Herbicides can be spot sprayed on plants, and are formulated to kill certain plant species, not insect populations. Elimination of weeds adjacent to Gore Creek is essential for improving riparian areas, as weeds can choke out native species. o Staff is proposing regulations to require professionals who use pesticides and herbicides to register with the Town of Vail and provide plans for spraying on each property. o Staff is proposing to limit spraying of pesticides to a minimum of 100 feet from Gore Creek and 50 feet from tributaries. These distances are based on the recommended distance for spraying pesticides by the Eagle River Watershed Council. Provide updated regulations for wetlands. Existing regulations require a survey of wetlands when present and Army Corp of Engineers approval when required. However, no additional restrictions are placed on wetlands. o Staff is recommending regulations to require no encroachment into wetlands unless wetlands are replaced elsewhere in the Town of Vail (allowing for replacement off-site makes use more feasible). Further, Staff requires no building within five feet of wetlands. The proposed regulations are as follows: 12-21-16: RESTRICTIONS IN WETLAND AREAS: A. Wetland delineation: Should Staff determine that wetland vegetation may be present 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 Town of Vail Page 3 application. Approval from the army corps of engineers must be obtained prior to building permit issuance. B. Removal of wetlands: Removal of wetlands shall only be permitted if constructed wetlands of equal or greater square footage are constructed within the Town of Vail prior to issuance of a certificate of occupancy. C. Improvements: Structures, patios, decks, stairs, walkways and similar features are not permitted within five feet (5) of wetlands unless removal of wetlands is occurring in compliance with Section 12-21-16D- 2. Proposed Regulations Amendments: The following proposed regulations amendments can be summarized as follows: • Clarifies existing regulations of what can be built in the watercourse setback (patios can encroach ten feet, decks more than 5 feet from grade can encroach five feet) • Provides more stringent requirements for deck and patio encroachments in watercourse setbacks: No snowmelt heating, either permeable or drains to a Best Management Practices (BMPs) (such as a vegetated swale, dry well, etc.) • Creates a critical riparian area from edge of creek to fifteen feet from edge of creek or streambank • Does not allow improvements or disturbance of critical riparian area, with few exceptions (utilities, public recreational amenities, small path to creeks on private property) • Requires restoration of critical riparian area with native riparian species under certain conditions 12-2-2: Definitions of word and terms.- Critical erms: Critical riparian area: The critical riparian area is defined as the area between the normal high water mark and fifteen feet away from the watercourse from the normal high water mark or the top of the streambank, whichever is more extensive. Normal high water mark: The common highest edge of watercourse, which can be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, typically denoted by water saturation, gravel, rock, sand or saturated soil, as defined in the Normal High Water Mark Survey dated X (date to be filled in). Town of Vail Page 4 Permeable: A surface that presents an opportunity for precipitation to infiltrate into the ground, including but not limited to soil, vegetated areas, gravel, sand set pavers, porous pavers and other similar surfaces. Permeable surfaces do not include solid concrete, asphalt, swimming pools and hot tubs and other similar surfaces and improvements Post -construction stormwater best management practices (BMP): Structural device, measure, facility or activity that helps to achieve stormwater management control objectives at a designated site, as determined by the Environmental Protection Agency. R.171 W. - -- - 06 - - - - - -- 11 NOUN 12-21-16: RESTRICTIONS IN RIPARIAN AREAS: A. Setback from centerline of streams and creeks: 1. Setback established. 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). 2. Improvements in setback: Porches, steps, decks or terraces or similar features located at ground level or within five feet (5) of ground level may project not more than ten feet (10) into the setback area. Porches, steps, deck, terraces or similar features shall not be snowmelt heated. Porches, steps, deck, terraces or similar features shall either be permeable or drain to a post -construction stormwater BMP. Balconies, decks, terraces, and other similar unroofed features projecting from a structure at a height of more than five feet (5) above ground level may project not more than five feet (5) into the above required setback. All areas under porches, steps, decks and terraces within the setback shall be vegetated or mulched to avoid erosion. B. Critical riparian area 1. Delineation of critical riparian area: The critical riparian area is defined as the area between the normal high water mark and fifteen feet away from the watercourse from the normal high water mark or the top of the streambank, whichever is more extensive. A map of the critical riparian area is on file at the Town of Vail. 2. Improvements prohibited in critical riparian area: In order to protect water quality, wildlife habitat, vegetation and to prevent erosion of the natural landform Town of Vail Page 5 of the critical riparian area, no uses, structures, buildings, permanent and temporary improvements or disturbances are permitted in the critical riparian area. (a) Exceptions: The following are excepted improvements that are permitted in the critical riparian area: maintenance and repair of existing public roads, public utilities and other public service uses within an existing right-of- way or easement, public parks, golf courses, public active and passive recreational amenities, and landscaping improvements for wetland and riparian restoration. On private property, one three foot wide unimproved path may be cut into landscaping to provide access to watercourses. (b) Landscaping in critical riparian area: All landscaping improvements in the critical riparian area shall be native riparian species and elements associated with riparian and wetland restoration, as outlined in the recommended list of riparian plant materials on file with the department of community development. 3. Restoration: Upon any addition of GRFA, common space or commercial square footage, or any disturbance of the area within the critical riparian area, the area within the critical riparian area, whether on or adjacent to the subject property, shall be restored to include only native riparian species and elements associated with riparian and wetland restoration, as outlined in the Town of Vail native riparian species list. For example, all sod shall be removed from this area and replaced with native riparian species. Nonconforming structures are subject to Section 12-18-5. C. Rechanneling: Natural creek or stream channels may not be rechanneled or changed. III. BACKGROUND As part of the Environmental Sustainability Strategic Plan, adopted in 2009, the Vail Town Council identified protection of the natural environment as a top priority for immediate and future efforts. Focused on sustainability and reducing our impact on the environment, the Council is committed to continuous improvement of our environmental practices by promoting ecosystem protection and a campaign for community awareness and education. The reach of Gore Creek flowing through Vail has been subjected to numerous disturbances over the past 30 years including increased encroachment into the public stream tracts. Over the past couple of years, efforts, including visual assessment of properties adjacent to town -owned stream tracts along Gore Creek from Vail Village Filing 11, just east of the golf course spanning west to Cascade Village, have been made to investigate possible encroachments into town -owned stream tracts. These inspections have identified numerous properties that have apparently undergone some form of modification or encroachment onto these sensitive riparian areas including, but not limited to: landscaping town -owned riparian property; building decorative planters; Town of Vail Page 6 using the areas for recreational seating; or, in more severe cases, building structures, such as a basketball court, on these town -owned properties. In some instances, Staff has been able to work with owners to mitigate encroachments at numerous properties, resulting in restoration of the stream tract closer to its natural state; however, these issues have been resolved in only a few instances. Previously, Staff was unable to accurately identify the boundaries of existing publicly - owned stream tracts along Gore Creek and its primary tributaries which present difficulties in enforcement of every encroachment into public stream tracts. This particular aspect of management practice will be critical for improving and protecting the future stream health conditions of Gore Creek, thus maintaining Vail's Gold Medal Trout status which, in turn, sustains our summer fishing tourism economy. Staff realized that a professional land survey needed to be conducted on specific public stream tracts along Gore Creek and its primary tributaries resulting in the accurate and indisputable identification, regulation and legally defensible pursuit of compliance of encroachment issues. Such a survey for specific portions of public stream tracts was performed and has been a great resource to the Town since Staff would have a clearer understanding of public stream tracts in relation to possible encroachments as they are recognized. On October 6, 2009, Town Council adopted a "zero tolerance" policy for allowing illegal private encroachments on town -owned stream tract lands and instructed Staff to pursue removal of all encroachments. In January 2010, letters were sent to all properties adjacent to Town -owned streamtract detailing the need to protect the creek and remove all illegal encroachment onto Town property. In June 2010, letters were sent to 28 property owners and 3 encroachments were resolved through Staff interaction with adjacent homeowners. However, this process was halted with the onset of early winter conditions and resumed in early 2011. During the summer of 2011, letters were sent to 43 property owners identified as having encroachments onto town owned streamtracts. Of these 43 properties, 30 property owners agreed to remove encroachments, which were confirmed by Town Staff. One property owner received Town Council approval to have Town of Vail remove encroachments (Lapin Residence, which will have bridge and retaining walls removed this summer, pending Army Corps of Engineers approval). Staff is working with the Town Prosecutor to prosecute one property owner, who has a basketball court crossing onto town owned streamtract. Staff is continuing to evaluate encroachments as further site visits are conducted and aerial photos are analyzed. The Colorado Department of Public Health and Environment (WQCD), Water Quality Control Division (WQCC) on December 6, 2012, added the portion of Gore Creek from Town of Vail Page 7 Black Gore Creek to the Eagle River (Dowd Junction) to Colorado's Section 303(d) list of impaired waters for aquatic life use (provisional). The provisional listing of Gore Creek means that the cause of impairment is not known. The WQCC decided to add all of Gore Creek (within the town limits) to the 303(d) list in order to require additional studies to identify potential stressors to aquatic life that could cause impairment. The listing for aquatic life use is based on a new methodology for determining the health of a river using aquatic macro invertebrate (bugs) population characteristics. Failing bug scores are indicative of long-term health of Gore Creek, poor aquatic life is the precursor to the decline of the "Gold Medal" fishery in Gore Creek. WQCD and the Division will continue to work with the Town and the Eagle River Water and Sanitation District to determine the causes of this impairment. A Water Quality Improvement Plan was initiated, with preliminary findings summarized as follows: Aquatic life stressors • Loss of riparian habitat and buffer zones (strongly associated with loss of bug populations and diversity) • Landscaping extends to the stream in many locations • Buildings, roads & other improvements within riparian zone Use of pesticides and herbicides • Pine bark beetle • Pine needle scale • Weed control (lawns and gardens) Stream habitat disturbance • Eroding stream banks due to loss of natural soil binding vegetation • Natural stream banks replaced by riprap walls and slopes • Stream channelization • Frequent construction disturbance Storm Water and Urban Runoff • Street and parking area drainage piped directly to stream • Roof drains and subterranean dewatering discharges • Lawn irrigation return flows (fertilizer and herbicides) • Snowmelt factors (mag chloride) As part of a discussion on Gore Creek's impaired status designation, the Vail Town Council directed Staff to move forward with proposing regulations that will result in improvement to Gore Creek's health. Town of Vail Page 8 Removing encroachments from Town -owned streamtracts is just one step in the Town's efforts to improve the health of Gore Creek and its tributaries. While the Town has been able to identify a number of encroachments on public property, these are just a few of the many built improvements impacting the health of Gore Creek and its tributaries. The Vail Town Code includes a watercourse setback requirement 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. While this setback requirement prohibits buildings, it does not address landscaping or existing encroachments in the watercourse setback. Decks and patios within five feet of grade are permitted to encroach up to 10 feet into the watercourse setback. Further, the setback from watercourse sometimes does not reach the edge of creek in wider parts of Gore Creek, resulting in no real setback from the creek itself. Though the Town has identified improvements on public property, private property owners install sod and mow their grass up to the edge of the creek and other watercourses. The removal of vegetation has occurred over many years, and has impacted watercourses and riparian areas' ability to stabilize the streambank, provide habitat for wildlife, filter storm water, and as a result, is believed to be one of the reasons Gore Creek has been deemed "impaired" by the State of Colorado. The Town must act to improve the health of Gore Creek, its tributaries and riparian areas. The following pictures show degradation of streamtracts and riparian areas: Town of Vail Y j .T 's.� � f � Yf r�'.... i. ' \ � r �.1 �� Y�•?:`SI �'.!,li.�.(�tF. � . G rid '.fZ'�i r „ On August 13, 2012, presentations were made by the Eagle River Water and Sanitation District (ERWSD), )fix '� r � � h s .`�, �i •�`'`` the Vail Golf Course and the Town of Vail on water F y ➢34 T WY quality improvement. ERWSD provided an overview of the health of Gore Creek and stream health in general. The Vail Golf Course provided a detailed overview of the activities occurring at the golf course related to Gore Creek. Both PowerPoint presentations are included as attachments to this memorandum. Town Staff discussed the following as summarized below: As of December, 2011, the portion of Gore Creek from Black Gore Creek to the Eagle River (at Dowd Junction) has been added to the State of Colorado's Clean Water Act Section 303(d) List of Impaired Waters. The reason for the listing is a lack of quantity and diversity of aquatic life (bugs essential to health fish and other wildlife habitat). The listing is categorized as "provisional" because the cause of impairment is currently unknown. The State of Colorado and the Town now have ten years to determine the cause of the impairment and begin to correct the issue in order to remove Gore Creek from the 303(d) List. Staff has taken steps to lessen the impact of daily maintenance operations on Gore Creek, increase education and monitor water quality: • Sand and Oil Separator Maintenance — The Town owns sixteen sand and oil separators that were cleaned by a contract maintenance company two years ago. All of the separators are presumed full, and will need to be cleaned again this fall. Estimated annual cost of $30,000. Following the cleaning, the Public Works team will check the fill rate in order to establish a maintenance schedule for the future. Town of Vail Page 10 • Pesticides and Insecticides — the Town no longer sprays trees within 50 feet of Gore Creek. Weed spraying continues on an as -needed basis. Cinders and Road Deicing — the Public Works team has maintained a policy of clearing snow and ice covered roads by 10 a.m. In order to maintain this standard and keep streets safe, the Town applies lava rock cinders and magnesium chloride to the road for traction. Street sweepers are run throughout the winter when possible, and a large percentage of cinders are picked up at the end of the season. Magnesium Chloride is used as little as possible: In East Vail, on Bighorn Rd. All Roundabouts, Frontage Rd., Vail Valley Drive, Red Sandstone Road, and Blue Cow Chute. Education — the Environmental Team hosted an AmeriCorps intern this summer through the Environmental Stewardship Program. The intern's scope of work included a two-month Gore Creek education program at Bighorn Park, the development of homeowner education packets that include water quality magnets, a riparian area brochure, and an informational letter. The Town's website now includes a page dedicated to Gore Creek, bug life, and water quality tips. Finally, a five week Vail Daily Ad campaign will begin this month, providing tips to readers on how they can help improve Gore Creek health. Ongoing monthly monitoring — Through the State's Riverwatch program, the Environmental team collects water samples from four sites along Gore Creek in order to test for metals, pH, nutrients, oxygen, hardness, alkalinity, and temperature. Streambank Restoration —willow and native shrub and tree planting, bank stabilization projects have taken place over the past year at the following sites: Bighorn Park, Stephens Park, Aspen Court Bridge, Middle Creek (above and below Frontage Roads). Improvements that will occur this year and next year include the Spruce Way culvert replacement and streambank restoration, Upper Middle Creek restoration, Booth Creek near the bike path, and other general creek stabilization at identified locations per the River Restoration flood study with willow staking and minor stabilization. Future Initiatives and Projects • Regulatory: The Sustainable Building Initiative (an incentive based green building program in development) includes post construction stormwater pollution control incentives, and requirements for watercourse and wetland setbacks. Possible regulations that require ongoing maintenance of sand and oil separators on private property. Infrastructure Upgrades and Regular Maintenance: of sand and oil separators, catch basins, and outfalls. The Town's green team is investigating the cost and impacts of installing another catch basin in front of the Town shops to intercept pollution from vehicles and maintenance activities. Town of Vail Page 11 Town of Vail Page 12 The Gore Creek Water Quality Improvement Plan will be available for public review in the coming months, and a presentation to the PEC is planned to review the proposed plan. IV. OTHER COMMUNITIES The following is a summary of how other communities regulate watercourses and riparian areas, with regulations attached for reference: Avon: Requires a 30 foot buffer from average high water line. No development in this setback, except for riparian vegetation, agricultural activities, maintenance of existing landscaping, bank stabilization, utilities, noxious weed control, tree removal, small path to river on private property, bridges and river recreation. Eagle County: Requires no construction in 75 foot buffer from high water mark or the 100 -year floodplain, whichever is greater. Exceptions include footpaths, trails, bridges, fences, irrigation diversion, pump houses, flood control, vegetation removal and utilities. Estes Park: No construction within 50 feet of high water mark of streams and wetlands. Exceptions include habitat restoration and utilities. Park City: No construction within 30 feet of annual high-water mark, or defined bank of stream or 50 feet from annual high-water mark or defined bank of rivers. Exceptions include utilities and recreation, education or scientific activities. Steamboat Springs: No construction within 30 or 50 feet of ordinary high water mark of river or streams, depending on body of water. Exception only for sidewalk. V. APPLICABLE PLANNING DOCUMENTS Environmental Sustainability Strategic Plan Goal #3: Ensure that the natural environment, specifically air and water quality, water quantity, land use and habitat are maintained to current or improved levels of biological health. Ecosystem Health: Background/Key Issues Drought, warmer temperatures and the infestation of the mountain pine beetle have led to increased wildfire danger in and surrounding Vail. According to the U.S. Forest Service, as of 2007, the beetle has infested over 70% of the trees from Lionshead to Dowd Junction and during the next five years, the area surrounding Vail will lose hundreds of thousands of pine trees from this infestation. The dying and dead trees are more susceptible to catch fie and thus, increase the danger of spreading wildfires. The Town will spend over $1.5 million on addressing the beetle outbreak and wildfire Town of Vail Page 13 preparedness through 2010. Gore Creek is the only major tributary that runs through the Town, and supports both recreational and sanitation needs. The extent of Gore Creek flowing through Vail has been subjected to numerous disturbances over the past 30 years including increased sediment from sanding of 1-70 during the winter. Monitoring the effects of sand sedimentation and other pollutant sources on the Gore Creek is underway and the Town works with the Eagle River Water and Sanitation District on watershed management programs to improve and protect the future stream health conditions of Gore Creek, which is designated a Gold Medal Trout fisher. The Gore Creek Macroinvertebrate and Stream Health Monitoring Report: 2004-2006 Monitoring prepared for the Eagle River Watershed Council, stated that when compared to other healthy reference sites on Gore Creek and the Eagle River, aquatic insect numbers in certain reaches of Gore Creek flowing through Vail are in poor condition. Data summarized from various reports (Eagle River Inventory and Assessment 2005, Hydrosphere 2005, Wynn et al. 2001) indicate that in the past decade a downward trend in stream health is occurring in Gore Creek, typical of increasing urbanization. Current Initiatives • Since 2000, the Town has been an active member of the Black Gore Creek Steering Committee and a project funding partner for source control and monitoring. • The Town supported the planning and construction of 63 sedimentation basins on 1-70 Vail Pass over the past five years. • In 2007, the Town assisted in funding the Colorado Department of Transportation's Sedimentation Basin of Last Resort project located at mile marker 183 on Vail Pass. • The Town supports Gore Creek water quality monitoring efforts by the Forest Service. • The Town supports, promotes, and adhere to the guidelines put forth by the Eagle River Water and Sanitation District Water Conservation Program. • The Town supports the implementation of Black Gore Creek Total Maximum Daily Loads (threshold for pollution rates that still meet water quality standards) to identify sediment load reduction projects and implementation plans. • The Town is partnering with U.S. and Colorado State Forest Service and Eagle County on the Vail Valley Forest Health Project, which seeks to reduce wildfire hazard by creating a fie break around the Town by removing beetle infested trees and working on re -vegetation programs. In 2007, the Town hired a six person wildfire mitigation crew for fie prevention education and cutting/thinning projects on Town -land adjacent to U.S. Forest Service lands. • The Town finalized its Community Wildfire Protection Plan in 2007, which outlines how Vail can protect itself from the threat of wildfire. • New regulations in 2007 require Class A roof assemblies or roof covering materials on all new roofs and re -roofs in Vail, and prohibit wood shake and wood shingles for all structures. Objectives Town of Vail Page 14 1. Maintain Gore Creek watershed as a Gold Medal Fishery, while working to maintain tributaries, meet and/or exceed aquatic life standards set by the state of Colorado through the management of urban stormwater. 2. Re-initiate Trees for Vail program as a forest restoration and Town of Vail beautification project to improve the community and the environment through tree planting. 3. Promote water conservation practices in businesses, community and municipality. 4. Address tree disease in the Town of Vail through public outreach and education. GOALOBJECTIVES I ACTION ITEMS ENVIRONMENTAL ( PRIORITY I I INDICATORS [PA (A Goal R 3: Ensure that I. Maintain Gore Creek water- 1.1 Implement pollution prevention, stream and stormwater monitoring and The presence, condi- R - 2009 - F., 7 am the natural environ- shed as a Gold Medal Fishery, public education actions and strategies through the Gare Creek Pollution tion, and numbers of 2010 (ongo- Staff Time, ment, specifically air while working to maintain Prevention Program (WQPP). species of fish, insects, ing) invctrnent, and and water quality, water tributaries; meet and/or 1.1.1 Determine resources and support needed to implement VIQPP. algae, plants and other promotion of quantity, land use and exceed aquatic life standards 1. 1.2 Partner with stakeholders such as the U.S, Forest Service, recreational aquatic life. SWPP program, habitat arc maintained set by the state of Colorado groups and Vail Resorts to prevent the discharge of sediment into Gare Ground level ozone consulting fees to current or improved through the management of Creek. levels, [smog condi- S50,0W [est.] levels of biological urban stormrrater. 1.1.3 Monitor Gore Creek water quality through education and outreach tions]. health. through partnerships with the Colorado Watershed A�mbly and Vail Moun- Number of trees tain Schad to implement the River Watch Program. planted and participa- tion in Trees for Vail 2. Reinitiate Tris for 2.1 Establish a tree planting committee and develop project resources A - Q2 2009 Env. Team Staff Vail program as a forest needed, purpose, mission, vision and scope of work. Assign tasks and re- Prv1 (ongoing) Time, lunch, restoration and Town of spvmsi bilities to committee members. Community water use promotion Vail beautiFration project to 2.2 Determine project budget and explore grant opportunities and other (through ERWSD)_ ($S,OW) improve the community and funding sounxs. the ermnonment through tree 2.3 Determine time line and present project summary to Town Council. planting. 2.4 Complete tree plantings and submit pr jest report to Town Council. 3. Promote water co ma- 3.1 Conduct public awam— campaign along with ERWSD to promote C - Q3 2009 Env. Team Staff tion practices in businesses, reduction in water use. - 2010 Time, faucet community and muniapaltty. 3.2 Pronwft Xeriscape and native plant use that can reduce water used for aerators, shove irrigation. erheads, other equipment. 4. Address tree disease in 4.1 Monitor tree disease and infestation in partnership with the U.S. Forest C - Q3 2009 Env. Team Staff the Town of Vail through Service. - 2011 Time, work - public outreach and educa- 4.2 Communicate preventative measures related to pine beetle and spruce shoplprinting tion. scale infestations to the public. casts - $1500 (est.} Additional documents for review- Research/data/best management practices that point to the 15 ft. setback: Riverkeepers, "Riparian Buffers, Rationale, Strategies, and Resources for Restoring and Protecting Streamside Corridors": "The width of the buffers is important. Depending on the specific characteristics of a stream and its surrounding areas, the size of buffers can and will vary significantly. Though even a small buffer (25 ft.) is better than none. The larger the protected area, the more likely it will substantially reduce polluted runoff, provide an effective corridor for wildlife, support fish habitat and ensure many of the ecological functions of the stream. On highly permeable soils or very steep slopes, buffers should exceed 100 horizontal feet." 1. Useful riparian data = slope, steepness, soil hydrologic properties, and vegetation type. To have any reduction whatsoever in sediment and nutrients, a minimum of 15 ft. is required (pg. 12 of PDF) To reduce pesticides, a minimum of 20 ft. are required. httr)-Hir.librarv.oreaonstate.edu/xm lui/bitstream/handle/1957/31786/TolzmanSter)hen A.pdf?sequence=1 2. University of Kentucky Cooperative Extension- http://www.ca.ukv.edu/enri/pubs/enril09.pdf Town of Vail Page 15 Zone 1 (area beginning at the normal water line, or at the top of the bank, and extending up -gradient a minimum distance of 15 ft.) 3. Riparian Buffer zones: Functions and recommended widths, https://docs.google.com/viewer?a=v&g=cache:U6TPU9voPU8J-www.durhamnc.gov/d epartments/planning/pdf/wgattachment3. pdf+minimum+of+15+feet+of+riparian+area +recommended&hl=en&ql=us&pid=bl&srcid=ADGEESgC4iWfWpNFmgu5CYeehIFH IdmeGnfbggegbGGJCB9Pli-kdnC4FaOtry VICls1-b87rvRgBq- n4 OlrGixMOrTOMnA- yuugXmnUS79MUPokcUSfuJuvbAYigum2ZbSeUMMlvi&sig=AHIEtbShlzpcL9sfXsO h7T2Nx3Tarongkw This document states that in order to maintain bank stabilization, especially in steep slopes, 5 to 30 meters are required (16.5 feet to 98.4 feet). 4. Stream Notes, Vol 1. No. use and area topography, each side of the stream" VI. NEXT STEPS 3, Riparian Buffers: "Depending on the surrounding land riparian buffers should range from 25 to 100 ft. wide on Staff recommends the Planning and Environmental Commission listens to the presentation, ask any pertinent questions, and provide input on the potential actions outlined in this memorandum. Staff further requests the PEC tables this item to the October 22, 2012 public hearing for further deliberation. VII. ATTACHMENTS A. Maps of Town of Vail properties along Gore Creek with potential regulations B. Examples of properties along Gore Creek Town of Vail Page 16