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HomeMy WebLinkAbout2013-1216 PECTOWN OF VA P¢ PLANNING AND ENVIRONMENTAL COMMISSION December 16, 2013 at 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Site Visit: 1. Timber Ridge — 1280 North Frontage Road 90 minutes A request for a review of a Development Plan, pursuant to section 12- 61 -11, Development Plan Required, Housing Zone District, Vail Town Code to allow for the redevelopment of the easternmost five & 1/4 (5.24) acres of the Timber Ridge Village Apartments, with up to 113 new deed - restricted employee housing units; a request for a review of a preliminary plan and final plat, pursuant to Chapter 13 -3, Major Subdivision, Vail Town Code, to allow for a resubdivision of Lions Ridge Subdivision Filing 1, Block C, A resubdivision of Lots C1, 2, 3, 4 & 5; and a review of a variance from Section 14 -6 -7, Retaining Walls, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for the construction of retaining walls in excess of six (6') feet in height, located at 1280 North Frontage Road/ Lots 1 -5, Block C, Lions Ridge Subdivision, Filing 1, and setting forth details in regard thereto. ( PEC130036 )(PEC130037)(PEC130035) Applicant: Gorman & Company and the Town of Vail Municipal Corporation Planner: Warren Campbell ACTION: MOTION: SECOND: VOTE: 2. A request for the review of a final plat, pursuant to Chapter 13 -12, Exemption Plat Review Procedures, Vail Town Code, to allow for the relocation of an existing platted building lot, located at 1191 Casolar Del Norte Drive, Lot 5 /Lot A -7, Block A, Lion's Ridge Subdivision Filing 1, and setting forth details in regard thereto. (PEC130038) Applicant: Todger Anderson, represented by Tom Braun Planner: Warren Campbell ACTION: Table to January 13, 2014 MOTION: SECOND: VOTE: 3. A request for the review of a variance from Section 12 -6E -8, Density Control, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for an increase in dwelling units per acre to facilitate the construction of two single - family residences, located at 1183 and 1191 Casolar Del Norte Drive /Lots 4 and 5, Casolar Vail, and setting forth details in regard thereto. (PEC130010) Applicant: Todger Anderson, represented by Tom Braun Planner: Warren Campbell ACTION: Table to January 13, 2014 MOTION: SECOND: VOTE: minutes Page 1 4. Approval of November 25, 2013 and December 9, 2013 minutes MOTION: SECOND: VOTE: 5. Information Update 6. Adjournment MOTION: SECOND: VOTE: The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. 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 December 13, 2013 in the Vail Daily. Page 2 TOWN OF VAIL PLANNING AND ENVIRONMENTAL COMMISSION December 16, 2013 at 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Henry Pratt departed after tabling the items not being heard Luke Cartin Pam Hopkins Michael Kurz John Rediker Susan Bird Site Visit: 1. Timber Ridge — 1280 North Frontage Road 90 minutes 1. A request for a review of a Development Plan, pursuant to section 12- 61 -11, Development Plan Required, Housing Zone District, Vail Town Code to allow for the redevelopment of the easternmost five & 1/4 (5.24) acres of the Timber Ridge Village Apartments, with up to 113 new deed - restricted employee housing units; a request for a review of a preliminary plan and final plat, pursuant to Chapter 13 -3, Major Subdivision, Vail Town Code, to allow for a resubdivision of Lions Ridge Subdivision Filing 1, Block C, A resubdivision of Lots C1, 2, 3, 4 & 5; and a review of a variance from Section 14 -6 -7, Retaining Walls, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for the construction of retaining walls in excess of six (6') feet in height, located at 1280 North Frontage Road/ Lots 1 -5, Block C, Lions Ridge Subdivision, Filing 1, and setting forth details in regard thereto. (PEC1 30036)(PEC1 30037)(PEC1 30035) Applicant: Gorman & Company and the Town of Vail Municipal Corporation Planner: Warren Campbell ACTION: Approved with condition(s) MOTION: Kurz SECOND: Rediker VOTE: 4- 2- 1(Pierce & Cartin opposed, Pratt recused) CONDITION(S): For purposes of the following conditions of approval, the term "Developer" shall mean Gorman & Company, Inc., or its successors, the term "Town" shall mean Town of Vail and the term "Project" shall mean the development plan for the redevelopment of the easternmost portion of Timber Ridge Village Apartments. 1. Any approvals granted by the Town of Vail Planning & Environmental Commission (PEC) shall only be effective upon the approval date of each of the three development application requests. Should one or more of the development applications be denied or fail to be approved, then none of the applications are approved and the proposal is denied in its entirety. 2. The Town and the Developer shall execute a developer improvement agreement obligating the Town to submit and implement a rockfall mitigation plan, within a specific timeframe, which shall be designed and constructed in accordance with the regulations prescribed in Chapter 12 -21, Hazard Regulations, of the Town of Vail Page 1 Zoning Regulations. Said mitigation shall be installed, inspected for compliance and approved prior to the issuance of any certificate of occupancy for the Project. 3. The Developer shall submit a detailed waste removal management and operations plan specifically describing how waste and recycling will be accommodated and managed on the site. The plan shall be submitted to the Community Development Department for review and approval prior to the issuance of a building permit for the Project. 4. The Developer shall submit an executed deed restriction for Lot 2, Timber Ridge Subdivision, approved by the Town of Vail, demonstrating compliance with Chapter 12 -61, Housing District, and Chapter 12 -13, Employee Housing, Zoning Regulations of the Town Vail, prior to the issuance of a building permit for the Project. The deed restriction shall be noted on the Final Plat prior to recording the Final Plat with the Eagle County Clerk & Recorder's Office. The deed restriction shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of any certificate of occupancy on Lot 2, Timber Ridge Subdivision. 5. The Developer shall submit a construction staging plan to the Town of Vail Community Development Department for review and approval which addresses such matters as materials staging, construction parking plan, construction and occupancy phasing, temporary access, construction schedule, temporary utilities, traffic control, emergency access, etc. The Developer shall demonstrate full compliance with the applicable regulations of the Town of Vail prior to the issuance of a building permit for the Project. 6. The Developer shall record a revocable right -of -way permit for any and all private property improvements located with the Town of Vail right of way. Said permit shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Certificate of Occupancy for the Project. 7. The Developer shall submit a Shoring and Excavation Plan to the Town of Vail Community Development Department for review and approval, which addresses such matters as excavation phasing, engineered shoring plans, detailed profiles and cross - sections, existing utilities, materials storage, permanent and temporary easements, etc. The Developer shall demonstrate full compliance with the applicable regulations of the Town of Vail prior to the issuance of a building permit for the Project. 8. The Developer shall make a one time payment in lieu of transportation improvements to the Town of Vail for mitigation of development impacts on the Town's transportation systems. Said payment shall be equal to the net number of new vehicular trips generated in the peak PM hour times $6,500 per trip. Payment shall be made prior to the issuance of any certificate of occupancy for the Project. The Town will accept the construction of any required transportation improvements in lieu of payment as compliance with the mitigation of development impacts obligation. The final cost of the traffic impact fee obligation, whether constructed or paid in lieu, shall be as outlined in the Developer Improvement Agreement between the Developer and the Town. 9. The Developer shall submit an engineered analysis of gabion walls proposed to remain on the site. Said analysis shall address the existing structural conditions of the walls, how the existing walls will be physically integrated into the construction of the new retaining wall system, and how structural shoring will be provided during Page 2 construction. In no instance shall the design or construction negatively impact the adjacent properties or improvements. The engineered analysis shall be reviewed and approved prior to the issuance of a building permit for the Project. 10.The Developer shall submit a revised grading plan for the west end of the development site demonstrating how the existing portions of the parking lot and drive aisles to remain tie into the proposed new improvements. The revised grading plan shall be reviewed and approved prior to the issuance of a building permit for the Project. 11.The Developer shall obtain a Access Permit from the Colorado Department of Transportation (CDOT) prior to submitting a building permit application to the Town for construction of the Project. A Notice to Proceed from the CDOT shall be reviewed and approved prior to the issuance of a building permit for the Project. 12.The Developer shall record a copy of the approved Final Plat of the Timber Ridge Subdivision with the Eagle County Clerk & Recorder's Office prior to submitting a building permit application to the Town for the construction of the Project. 13.The Developer and the Town shall place a limitation in the deed restriction, as required in Condition # 4 above, on the number of vehicles allowed on a per unit type basis prior to the issuance of any certificate of occupancy. Commissioner Pratt recused himself due a conflict of interest. George Ruther, Director of Community Development, introduced the project. He outlined the development team and spoke to the town's role as co- applicant. He concluded with a brief history of the previous redevelopment efforts. Commissioner Kurz asked about financing and if it would become an issue further down the line on this project as it had on the previous proposals. George Ruther responded with some history including various RFP processes and why they fell apart. He discussed how things are different in that respect with the town owning the property free and clear at this point. He did not foresee a repeat of previous Warren Campbell gave an overview of the project and the staff report. He discussed the three applications being requested and the criteria and findings by which each was to be reviewed. Commissioner Pierce requested clarification of the proposal to deed restrict 70% of the GRFA within the project and have 30% unrestricted in terms of occupancy requirements. Warren Campbell described the zone district requirements and what is being proposed. Commissioner Cartin asked about the pedestrian path /fire lane in the previous proposal and why it was not included in the current proposal. Warren Campbell stated that the revised project did not necessitate that same solution as presented in the previous plan. Fire staging areas were spread throughout the site. Commissioner Cartin asked about occupancy and review criteria related to the strategic housing plan. He made an argument that there were actually fewer beds in the proposal than existed currently. He was concerned the redeveloped project would not house the existing number of employees, but should be designed to house a greater number of employees. Page 3 Warren Campbell discussed the assumptions that went into the analysis to determine the number of employees that could be accommodated in the new project as compared to the existing project. George Ruther spoke to the occupancy, demand, and impacts associated with different occupancy rates. He added that the analysis appears negative but in actuality the newer units will be more liveable than the dated existing nonfunctional units. Jen Wright, applicant, gave his background and how the project got to this point. He spoke to the changing economics and demographics including interest rates, unit type, lease land deal, community funding availability, and business structure. Spoke to the multiple iterations of the plan, who the target market is and how the demographics of the workforce is changing. The average age is increasing amongst the rental market, for example. There are various constraints that add to the complexity of the project, such as site constraints, financing, etc. Discussed split between one and two bedroom units and parking. Spoke to how structured parking resulted in the rental rates being too high. Spoke to the livability of the new units with higher ceilings, storage, bathrooms with each bedrooms, washer and dryers in unit and ample deck space. Actual difference in existing /proposed number of bedrooms is 6 less. Commissioner Hopkins asked about the First Chair project. Jen Wright spoke to the project and the differences in the target market Rick Pylman, applicant's representative, gave a presentation highlighting the project layout, unit mix, different buildings, transit plan, ADA, grades, communal space, trash /recycling, parking, adjacent properties, dimensional standards and density. Gary Brooks, Alpine Engineering, discussed the site plan and grades including the transit changes. He went through the existing and proposed topography and the existing and proposed retaining walls. Commissioner Pierce asked about the slope shown near Building C. Gary Brooks responded and continued with general comments about the site plan. Commissioner Bird asked about ADA accessible unit locations. Hans Berglund, applicant's architect, discussed the code requirements related to ADA accessibility and how these are being met. He continued by discussion the design of the structures and the reasons being the proposed site plan layout. Commissioner Bird asked a question why the bathroom was only able to be accessed through the bedroom. Hans Berglund discussed the rational was for the efficiency of the units to maximum floor areas. Rick Pylman concluded with a discussion of grade, variance request, existing conditions, subdivision request, parking allocation and management and review criteria. Commissioner Rediker asked about emergency vehicle access for building D. Rick Pylman spoke to the accommodation of the fire truck in that area. Page 4 Commissioner Kurz asked about the park and its anticipated programing Rick Pylman stated that the programming may include play equipment, picnic tables, etc. in the future, but it was currently an unknown. Commissioner Bird requested clarification about deed restrictions. Warren Campbell reiterated the deed restriction language and that everything was rental. Commissioner Pierce voiced his concern with the loss of beds. He expressed concern that the plan is short sighted and may not meet needs identified in the Housing Strategic Plan. He added that all the units should be deed restricted for employees only. The project doesn't address the goal of housing the seasonal employee. He added that Pitkin Creek Park included limited commercial resulting in interaction between employees and other users. Asked about different costs such as land costs and parking costs. Thinks parking provided for the units is appropriate. George Ruther spoke to the projects transportation needs and the proposal. Commissioner Hopkins spoke to project demographics. Felt the architecture was coming along and that the roof lines need to be broken up further. Commissioner Cartin felt provided parking and variance request for the retaining wall were appropriate. He stated that he was struggling with employee housing plan and how this project meets the contents of the document. He is did not think this was the place for a mix of 1 and 2 bedroom units. A dormitory style would accommodate more employees and address the needs in the Employee Housing Strategic Plan. He did not feel the proposal met criterion F regarding compliance with the adopted comprehensive plan. Commissioner Bird agreed with the previous comments. Interesting project but feels this is the place for affordable living for the seasonal worker. Supported Commissioner Pierce's thoughts about interaction between people generated by a commercial use on the site. Commissioner Rediker spoke to the proposed residents and if what is being proposed can meet our seasonal needs. Will the prices be affordable? Commissioner Kurz felt differently than the other Commissioners. He recognized changes in demographics in the area. He did not support retail on the site. He believed what was being planned is in compliance and fits the needed niche. Commissioner Bird asked if the rent was going to be subsidized. George Ruther confirmed that there would be no additional subsidies. Spoke to employee housing and the community. Feels that this is a step in the right direction. Talked about strategy moving forward and the west half of the site. Talked about how structured parking can not be recouped through rents. Spoke to project economics and how this project is buildable. Spoke to how this projects meets the requirements for approval. Commissioner Bird asked if anything was going to happen to the west end at this time George responded that upgrades on the west are primarily interior. Page 5 Commissioner Hopkins spoke anecdotally about how what is being proposed may help future residents from being pushed down valley. Jen Wright responded to concerns expressed by Commissioners Pierce and Cartin. Spoke to the project financing and what is feasible. Spoke to subsidy and policy question. Possible rents to be $1200 for one bedroom and $1600 for a two bedroom. Similar on a per square foot basis to Middle Creek. 2. A request for the review of a final plat, pursuant to Chapter 13 -12, Exemption Plat Review Procedures, Vail Town Code, to allow for the relocation of an existing platted building lot, located at 1191 Casolar Del Norte Drive, Lot 5 /Lot A -7, Block A, Lion's Ridge Subdivision Filing 1, and setting forth details in regard thereto. (PEC130038) Applicant: Todger Anderson, represented by Tom Braun Planner: Warren Campbell ACTION: Table to January 13, 2014 MOTION: Cartin SECOND: Hopkins VOTE: 7 -0 -0 3. A request for the review of a variance from Section 12 -6E -8, Density Control, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for an increase in dwelling units per acre to facilitate the construction of two single - family residences, located at 1183 and 1191 Casolar Del Norte Drive /Lots 4 and 5, Casolar Vail, and setting forth details in regard thereto. (PEC130010) Applicant: Todger Anderson, represented by Tom Braun Planner: Warren Campbell ACTION: Table to January 13, 2014 MOTION: Cartin SECOND: Hopkins VOTE: 7 -0 -0 4. Approval of November 25, 2013 and December 9, 2013 minutes MOTION: Cartin SECOND: Kurz VOTE: 7 -0 -0 5. Information Update 6. Adjournment MOTION: Kurz SECOND: Cartin VOTE: 6 -0 -0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. 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 December 13, 2013 in the Vail Daily. Page 6 TOWN OF UAL!L Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 16, 2013 SUBJECT: A request for a review of a Development Plan, pursuant to section 12 -61- 11, Development Plan Required, Housing Zone District, Vail Town Code to allow for the redevelopment of the easternmost five & 1/4 (5.24) acres of the Timber Ridge Village Apartments, with up to 113 new deed - restricted employee housing units; a request for a review of a preliminary plan and final plat, pursuant to Chapter 13 -3, Major Subdivision, Vail Town Code, to allow for a resubdivision of Lions Ridge Subdivision Filing 1, Block C, A resubdivision of Lots C1, 2, 3, 4 & 5; and a review of a variance from Section 14 -6 -7, Retaining Walls, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for the construction of retaining walls in excess of six (6') feet in height, located at 1280 North Frontage Road/ Lots 1 -5, Block C, Lions Ridge Subdivision, Filing 1, and setting forth details in regard thereto. (PEC1 30036)(PEC1 30037)(PEC1 30035) Applicant: Gorman & Company and the Town of Vail Municipal Corporation Planner: Warren Campbell SUMMARY The applicants, Gorman & Company and the Town of Vail Municipal Corporation, represented by Rick Pylman, of Pylman & Associates, are requesting a review of three development applications intended to facilitate the redevelopment of the easternmost 5.24 acres of Timber Ridge Village Apartments. The proposal removes nine existing apartment buildings containing 102 apartment units, and replaces them with four new detached, three -story tall apartment buildings containing 113 rental units (70% of the constructed gross residential floor area will be deed restricted and 30% will not be deed restricted), 153 surface parking spaces and an open space park for the residents. According to the Official Zoning Map of the Town of Vail, Lots C1 -5 of the Lions Ridge Subdivision are zoned Housing (H) District. As such, all future development on the site shall comply with the applicable provisions of the Housing District development standards and processes. A complete zoning analysis for the project is outlined in Section V of this memorandum. Based upon staff's analysis of the criteria for review for the proposed project, as outlined in Sections VII, VIII, IX, X of this memorandum, staff is recommending that the Planning & Environmental Commission: approves, with conditions, the applicant's request to establish a Development Plan for the redevelopment of the easternmost 5.24 acres of the Timber Ridge Village Apartments site, approves the request for the retaining wall height variance, and; forwards a recommendation of approval of the request for a preliminary plan and final plat of the Lions Ridge Subdivision. II. DESCRIPTION OF THE REQUESTS Development Plan The applicants are proposing to redevelop the easternmost 5.24 acres of the Timber Ridge Village Apartments development site by constructing four new three -story tall buildings (Attachment A). The new buildings will contain 113 new dwelling units capable of housing between 211 and 331 employees. According to the proposed development plan, the 113 new dwelling units will be a mix of 25.7% or 29 one bedroom units and 74.3% or 84 two bedroom units. The western half of the site (96 apartments) will remain operational throughout the redevelopment construction process. A new 153 space surface parking lot will be constructed on the site along with improved public transit facilities to meet the minimum parking and transportation needs of the residents of the development. A written narrative from the applicants, entitled "Timber Ridge Development Plan Application ", date stamped November 2013, describing the development application requests is attached for reference (Attachment B). A reduced copy of the proposed plan is attached for reference (Attachment C). Proposed Eastern Portion Redevelopment Total Range of Average # of % of Square Feet Number of Number of Employees Employees Units Unit Mix of Units Bedrooms Bedrooms / Unit* Housed 597-633 29 25.7% sq. ft. One 29 1.5-2.0 43.5 - 58 870-933 84 74.3% s . ft. Two 168 2.0-3.25 168-273 113 100% 197 211.5 - 331 * source — Vail Town Code and the Town of Vail Employee Housing Strategic Plan Town of Vail Page 2 Retaining Wall Height Variance The applicants are requesting a retaining wall height variance to facilitate redevelopment on the Timber Ridge Village Apartments site (the "Development Site "). Presently, more than fifty feet (50') of grade change occurs north to south across the site. Given the topography of the site and the residential uses permitted, a significant amount of the slope retention is required to accommodate development on the site. As proposed, the retaining walls will be up to 19.6 feet in height along the northerly edge of the surface parking lot on the development site. A total of 4,351 square feet of retaining wall surface area will exist above the limit. Pursuant to Section 14 -6 -7, Retaining Walls, the maximum height of retaining walls shall not exceed six feet (6') in height. Final Plat The applicants are requesting review of a major subdivision application to create a new final plat of the Development Site. The purpose of the final plat is to facilitate redevelopment of the property by creating two new lots, the necessary easements for access, drainage and public utilities, and allow for the future transfer of ownership of the property via a 35 -year lease agreement. As proposed, Lots C1 -5, Block C, Lions Ridge Subdivision, Filing No. 1 would be resubdivided to create Lots 1 & 2 of the new Timber Ridge Subdivision. Upon creation Lot 1 would be approximately 4.840 acres (210,884 sq. ft.) in size and Lot 2 would be approximately 5.242 acres (228,341 sq. ft.) square feet in size. According to the land use summary noted on the proposed final plat, the total size of the major subdivision will be approximately 10.082 acres. A reduced copy of the proposed final plat is attached for reference (Attachment D). III. BACKGROUND The Town of Vail acquired Timber Ridge Village Apartments in 2003 for $20 million to preserve the deed restricted employee housing designation on the property. Constructed in 1981, Timber Ridge is Vail's largest deed - restricted employee housing complex, currently consisting of 198 rental apartment units on ten acres. Each of the existing units is 745 sq. ft. in size with two bedrooms and one bathroom. Presently, the eastern portion of the Timber Ridge Village Apartments provides housing to more than 408 persons (four occupants per unit x 102 units). Existing Timber Ridge Village Apartments Total Number Number Average # of % of Square Feet of of Employees Employees Units Unit Mix of Units Bedrooms Bedrooms / Unit Housed 198 100% 745 sq. ft. 2 396 4.0 792 Town of Vail Page 3 On March 22, 2010 the Planning and Environmental Commission approved the development plan, retaining wall variance and major subdivision plat for the redevelopment of the easternmost portion of the Timber Ridge Village Apartments by a vote of 4 -3 -0. These approvals have expired. IV. APPLICABLE PLANNING DOCUMENTS Vail Town Code Chapter 12 -61: Housing (H) Zone District (in part) 12 -61 -1. PURPOSE. The housing district is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zoning districts. It is necessary in this district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in section 12 -1 -2 of this title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The housing district is intended to ensure that employee housing permitted in the district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. 12 -61 -8. PARKING AND LOADING. Off street parking shall be provided in accordance with chapter 10 of this title. No parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of a development plan subiect to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. Town of Vail Page 4 12- 61 -10. OTHER DEVELOPMENT STANDARDS. A. Prescribed By Planning And Environmental Commission. In the H district, development standards in each of the following categories shall be as proposed by the applicant, as prescribed by the planning and environmental commission, and as adopted on the approved development plan. 1. Lot area and site dimensions. 2. Building height. 3. Density control (including gross residential floor area). Chapter 12 -17: Variances (in part) 12 -17 -1. PURPOSE, VARIANCES. A. Reasons For Seeking Variance. In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the Applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. V. ZONING ANALYSIS Address: Legal Description: 1280 North Frontage Road Lots C1 -05, Lions Ridge Filing No. 1 Zoning: Housing District Land Use Plan Designation: Medium Density Residential Current Land Use: Medium Density Residential Dwellings Lot Size: 5.242 acres/ 228,341 square feet Geologically Sensitive Areas: High Severity Rockfall Development Standard Required Proposed ILYA WIN WOW_R_ Density Control Min. Setbacks: Front: Sides: Rear: Town of Vail determined by PEC determined by PEC 20' (south) 20' (east) 20' (west) 20' (north) 228,341 sq.ft.(5.242 acres) 21.56 d.u. /ac. (113 d. u.) 36' (south) 20' (east) 56' (west) 36' (north) Page 5 VI. 1V /I Max. Building Height: determined by PEC 43' Building C Max. GRFA: Max. Site Coverage Min. Landscape Area determined by PEC 55% unless at least 75% of parking is covered and approved by the PEC 68,486 sq. ft. (30 %) 93,419 sq. ft. 38,750 sq. ft. (17 %) 116,145 sq. ft. (51 %) Min. Parking: Per Chapter 10 (226 spaces), 153 spaces with a or a reduction approved by the parking PEC based upon the Parking management plan Management Plan. SURROUNDING LAND USES AND ZONING Current Land Use Zoning Land Use Designation North: Residential Two - Family Primary/Secondary Low Density Res. South: Interstate 70 ROW Unzoned Not Designated East: Residential High Density Multiple Family High Density Res. West: US Postal Service High Density Multiple Family High Density Res. DEVELOPMENT PLAN CRITERIA The review criteria and findings for evaluation for the review and consideration of a development plan in the Housing District are prescribed in Section 12 -61 -13 of the Zoning Regulations. According to Section 12- 61 -13, the following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria. A list of the applicable design criteria are outlined in Section IV of this memorandum. A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. Architecture The proposed redevelopment project is comprised of four separate buildings. The buildings will have sloping roof gable and shed dormer forms with pitches of varying between 2:12 up to 8:12. Roof materials are proposed to be asphalt shingles and corrugated weathering steel. Exterior fagade materials include a mix of stucco, cementious lap siding, and synthetic wood trim and fascia. Town of Vail Page 6 Additional design accents such as exterior decks and balconies and exposed heavy timber columns and structural bracing are included on the proposed buildings. The applicants are scheduled for a public hearing before the Town of Vail Design Review Board on Wednesday, December 18, 2013. Staff believes the architecture of the proposed buildings is compatible with the site, adjacent properties and the surrounding neighborhood. Character The style of the four individual residential buildings can be characterized as maintaining a contemporary alpine form of design. Sloping roof forms, gable roof ends, and shed dormers comprise the roof design of the three -story buildings. The exterior fagade materials include a predominance of stucco and cementious siding. The color palette selected for the buildings is an assortment of light and dark earth -tone colors. Architectural elements such as covered decks, heavy timber columns, decorative bracing and covered main entrances have been incorporated to accentuate the character of the buildings. Scale and Massing The buildings are comprised of three - stories with a sloping gable roof form. The tallest of the four buildings is Building C which is 43 feet in height. Buildings A and B are approximately 156 feet in length, Building C is approximately 186 feet in length, and Building D is approximately 222 feet in length. All the buildings are approximately 66 feet in depth. Staff believes the scale and massing of the proposed buildings is compatible with the site, adjacent properties and the surrounding neighborhood. Orientation Building A is proposed to have a north /south orientation paralleling the shared property line with Savoy Villas and will screen the parking area. Building B has an east /west orientation and is setback into the site at the toe of the slope up to Lions Ridge Loop. Buildings C and D are proposed to have an east /west orientation paralleling the North Frontage Road and will serve to screen both the parking area and retaining walls to the north. Overall, the building locations and orientation will serve to screen the surface parking areas from public view. Staff believes the orientation of the proposed buildings is compatible with the site, adjacent properties and the surrounding neighborhood. B. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. The Timber Ridge Village Apartments redevelopment is in direct response to an identified community need. Through the adoption of the Town of Vail Employee Housing Strategic Plan the need for employee housing was quantified and a goal Town of Vail Page 7 for the community was set. In response to this need, the Town has actively pursued the redevelopment of the site. Given the central location of the site to the identified job centers, its proximity to public transit facilities, this site is an appropriate location to continue to provide rental units for the community. The proposal to construct four three -story tall buildings has taken into account the site, surrounding neighborhood, and the community as a whole. The redevelopment of the easternmost portion of the Timber Ridge Village Apartments will replace nine buildings which were constructed in 1981 with new buildings. The new buildings will be built to current market requirements. The buildings are sited to remain out of the steeply sloping areas on the north portion of the site and will provide screening of the parking areas from neighboring properties and the public right -of -way. The scale of the structures, as discussed in the criterion above, are of a compatible design to the adjacent developments. Additionally, the demolition of the easternmost building will remove an existing building which is encroaching upon the Savoy Villas property. Staff believes the buildings, improvements, uses and activities are designed and located to produce a functional development plan which is responsive to the site, surrounding neighborhood, and the community as a whole. C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and, when possible, are integrated with existing open space and recreation areas. The proposal meets or exceeds the 20 -foot minimum setback from property lines. Additionally, the proposal removes the existing easternmost building from the Savoy Villas property and establishes a 20 -foot wide landscape buffer, where one does not exist currently. The layout of the four new buildings keeps structure out of the steeply sloping areas to the north and establishes an appropriate separation between structures which allows for landscaping. The plan includes an open space park area between Buildings C and D that measures approximately 50 feet by 80 feet. The plan includes a system of connecting sidewalks and paths between buildings and the pedestrian and bike path along the North Frontage Road. The landscape plan includes an appropriate mix of aspens, spruce, and crabapple trees in conjunction with shrubs and both turf and native grass areas. The landscaping plan locates proposed materials in an effort to provide screening between the frontage road and interstate, buildings and parking areas, and the site from adjacent properties. There may be a conflict between some of the proposed landscaping and the location of utilities along the frontage road. If conflicts are found the plan shall be revised to eliminate any conflicts. Staff recommends that both the applicant and staff review the existing landscaping along the shared property line between this development and the adjacent Savoy Town of Vail Page 8 Villas to ensure adequate buffering with the placement of the new landscaping in conjunction with this project. D. A pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. Timber Ridge Village Apartments are located along the North Frontage Road. The North Frontage Road provides direct vehicular and pedestrian access to the site. A series of pedestrian sidewalks and gravel paths provides pedestrian circulation on the site. From the existing pedestrian /bike path along the North Frontage Road residents can head east to the existing 1 -70 pedestrian bridge into Lionshead. Additionally, efforts have begun to design and subsequently construct an 1 -70 underpass which would include an additional north /south pedestrian circulation route in close proximity to Vail Cascade. Vehicles will access the site in two locations. The eastern access point will be moving east of its current location by approximately 120 feet and the western entrance will remain in its current location until the redevelopment of the western portion of the Timber Ridge Village Apartments. Upon redevelopment of the western portion of the site, the western access will move east approximately 100 feet. The turn lanes illustrated on the civil drawings are for illustrative purposes only to show that the improvements can be made at a future date. The Traffic Impact Report provided by Kimley -Horn concludes that the left turn lanes are not required to be constructed in conjunction with the incremental increase in traffic generated by the redevelopment. Staff agrees with this finding and has recommended a condition in Section X of this memorandum. The condition assesses a $6,500 per peak trip increase generated by the redevelopment. An enhanced public transit stop has been designed and shown on the submitted plans. The public transit stop is designed to accommodate up to four buses at any given time (two east bound /two west bound). The transit improvements are not proposed to be constructed in conjunction with this redevelopment proposal as the net increase in residents can be accommodated at the existing transit stop. They have been shown on the plans to illustrate the ability to implement and construct the improvements in the future when ridership demand warrants construction. The traffic trip generation estimates included in Traffic Impact Study identify an increase in the numbers of trips generated by the increase of eleven (11) dwelling units on site. Staff has determined that the incremental increase of this proposal over existing (11 additional units) does not warrant the construction of the transit improvements in conjunction with this redevelopment. E. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. Town of Vail Page 9 In conjunction with the 2010 review of the Timber Ridge Apartments Redevelopment an environmental impact report was prepared for the redevelopment project in accordance with the applicable provisions of the Zoning Regulations of the Town of Vail and submitted to the Town of Vail Community Development Department for review and consideration. Staff did not require a new environmental impact report to be submitted in conjunction with the proposed smaller scope project. Chapter 5, Cumulative & Long -term Effects & Irreversible Environmental Changes, of the report entitled, "ENVIRONMENTAL IMPACT REPORT, Timber Ridge Redevelopment Project" dated January, 2010, prepared by Western Ecological Resources, Inc, of Boulder, Colorado, concludes the following: 5.1 Hydrology 5.1.1 Surface Water The proposed redevelopment of the eastern portion of Timber Ridge would have no cumulative, long -term effect or irreversible environmental change on the surface water hydrology of the project site. 5.1.2 Ground Water The proposed development would have a slight, cumulative long -term effect or irreversible environmental change on the ground water hydrology of the project site due to dewatering of building foundations via underdrains. 5.2 Atmosphere The slight increase in hydrocarbon pollutants generated by the development and associated vehicular traffic represents a cumulative and long term effect. However, Kimley- Horn's traffic analysis concludes that redevelopment of Timber Ridge would have an overall effect of reducing traffic within Vail because employees would reside closer to their workplace. The majority of residents in Timber Ridge utilize public transportation. 5.3 Geology & Hazards The long -term risks presented by the rockfall hazard could be mitigated by any of the four conceptual options presented in HP Geotech's 2009 Geologic Site Assessment and Preliminary Rockfall Risk and Mitigation Study. Staff Response- The Town of Vail will be implementing the plan to address the rockfall hazard impacting the site. The Town has selected the method of placing a net on the rock back posing the hazard and the selective dislodging and anchoring of rocks which can be addressed on an individual basis. The finalized engineering plan for this mitigation will be required to be submitted in conjunction with the building permit and must be completed prior to the issuance of a certificate of occupancy for the project. 5.4 Soils Because this is a redevelopment project, it would not result in any new cumulative or long -term impacts to the native soil. As described in the Town of Vail Page 10 Geotechnical Study completed by HP Geotech, the site is overlain by fill material from the initial development. 5.5 Vegetation Resources The proposed project would create only a negligible long -term change in the plant community as areas of ornamental vegetation are impacted and replaced with similar ornamental vegetation. 5.6 Wildlife Resources The proposed redevelopment would not have any significant long -term impacts or irreversible environmental changes on wildlife resources. The site is already a high- density residential development, and there will be no change in land use or vegetation resources. 5.7 Noise Noise generated by the proposed development and associated vehicular traffic would create a slight cumulative and long -term environmental change, however given the proximity of the Interstate -70 corridor, this change will be negligible. 5.8 Visual Resources Redevelopment of the eastern portion of Timber Ridge would create an irreversible change on the visual resources of the area. However, this would be a positive impact because the aging buildings would be replaced with newer, updated buildings that compliments other developments within the Town of Vail. 5.9 Land Use The proposed project would not result in changes to the land use as one high - density residential development will be replaced with a similar high- density residential development. F. Compliance with the Vail comprehensive plan and other applicable plans. A component of the Vail Comprehensive Plan is the Employee Housing Strategic Plan that was adopted in September, 2008. The Plan outlines action steps for the Town to achieve its deed restricted employee housing goal: "To ensure there is deed restricted housing for at least 30% of Vail's workforce within the Town of Vail." Two objectives the Plan identifies is Vail's need to "keep up" with new deed restricted employee housing demand as it is created and the need to "catch up" with existing deed restricted employee housing deficiencies. The Town adopted Commercial Linkage and Inclusionary Zoning requirements for new development to ensure the amount of deed restricted employee housing keeps up with increases in employee demand. The Plan recognizes the Town has the unique obligation of catching up with existing deficiencies. Town of Vail Page 11 VIII. VARIANCE CRITERIA Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The proposed variance request allowing for retaining wall heights to exceed the maximum six feet of exposed wall face will have little to no negative impact on the existing or potential uses in the vicinity. The site is bordered by public road rights -of -way on the north and south, the United States Post Office to the west, and a large- scale, multi - family development to the east. The visual impact of the proposed retaining wall will be largely shielded by the proposed buildings. The retaining wall will be most visible on the west end of the development site, adjacent to the remaining portion of the Timber Ridge development. The proposed wall is designed as to minimize any negative impact it may have on the future redevelopment of the western portion of Timber Ridge Village Apartments. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Staff believes there is a need to grant relief from the strict or literal interpretation and enforcement of the retaining wall exposed face height regulation. Presently, more than fifty feet (50') of grade change occurs north to south across the site. Given the topography of the site and the residential uses permitted, a significant amount of the slope retention is required to accommodate development on the site. As proposed, the retaining walls will be up to 19.6 feet in height along the northerly edge of the surface parking lot on the development site. A total of 4,351 square feet of retaining wall surface area is proposed above the limit. The site was previously developed in a manner which has currently resulted in retaining wall heights that are in excess of the current Zoning Regulation requirements. With the physical configuration of the site being narrowest from north to south and the location of a 30 -foot utility easement running east -west across the street frontage of the property, the development is confined to an even more limited building envelope by which to comply with the retaining wall exposed face height requirements. There has only been a small number of exposed wall face height variances granted within the Town of Vail. To date, they have been granted to mostly residential zoned properties on steep slopes. As the Code requirements regulating the exposed wall face height are an outcome of a more recent desired Town of Vail Page 12 aesthetic preference of the community, previous developments did not have to comply with this regulation. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff believes that the requested retaining wall exposed face height variance will have minimal, if any, negative effects on the elements identified in the above criterion. The space between the proposed structure and the retaining wall will be properly illuminated to address any public safety issues or concerns. The request for a variance from the maximum retaining wall height standards prescribed in Section 14 -6 -7 of the Zoning Regulations of the Town of Vail has minimal, if any, impacts on the above - described criteria. IX. FINAL PLAT CRITERIA Chapter 3, Major Subdivision, Title 13 Subdivision Regulations, of the Vail Town Code prescribes the review criteria for a request for a major subdivision. Pursuant to Section 13 -3 -6, Final Plat, Vail Town Code, the criteria for reviewing the final plat shall be as contained in Section 13 -4 -2 of the Subdivision Regulations. According to Section 13 -4 -2C, Review and Action on Plat, "The Planning and Environmental Commission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one (21) days of the first public hearing on the major subdivision or the major subdivision will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreement between the Planning and Environmental Commission and subdivider". The burden of proof shall rest with the applicant to demonstrate that the application is in compliance with the intent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13 -3 -3C above. The purpose of the final plat is to facilitate redevelopment of the site by creating two new lots and the necessary easements and allow for the future transfer of ownership of the property. As proposed, Lots C1 -5, Block C, Lions Ridge Subdivision, Filing No. 1 would be resubdivided to create Lots 1 & 2 of the new Timber Ridge Subdivision. Upon creation Lot 1 would be approximately 4.840 acres (210,830 sq. ft.) in size and Lot 2 would be approximately 5.242 acres Town of Vail Page 13 (228,342 sq. ft.) square feet in size. A reduced copy of the proposed final plat has been attached for reference (Attachment D). According to Section 13 -3 -4, Commission Review of Application; Criteria, Vail Town Code, "The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of the Chapter, Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13 -3 -3C above. The Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with surrounding land uses and other applicable documents, effects on the aesthetics of the Town." One of the basic premises of subdivision regulations is that minimum standards for the creation of a new lot must be met. This project will be reviewed under the Major Subdivision Criteria, pursuant to Section 13 -3 -4, Subdivision Regulations, Vail Town Code. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The Vail Land Use Plan identifies the property proposed for subdivision with this application as High Density Residential and states, in part, the following: "The housing in this category would typically consist of multi - floored structures with densities exceeding 15 dwelling units per buildable acre. " Further, the site was acquired by the Town of Vail in 2003 with the expressed purpose of preserving deed - restricted employee housing within the Town of Vail. The sole purpose of this subdivision request is to facilitate the redevelopment of a portion of the site for future deed restricted employee housing. Staff believes the proposed major subdivision is in compliance with this criterion. 2. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, title 12, "Zoning Town of Vail Page 14 Regulations ", of this code, and other pertinent regulations that the planning and environmental commission deems applicable; and The land included in this major subdivision proposal is zoned Housing District. The purpose of the Housing District is: "The housing district is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zoning districts. It is necessary in this district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in section 12 -1 -2 of this title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The housing district is intended to ensure that employee housing permitted in the district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses." Further, the proposed final plat has been reviewed for compliance with the applicable provisions of Title 13, Subdivision Regulations. Upon review, it has been determined that the proposed plat, with minor administrative corrections, complies with the requirements of the Vail Town Code. Staff believes the proposed major subdivision is in compliance with this criterion 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The expressed purpose of the major subdivision application is to facilitate the redevelopment of Timber Ridge Village Apartments. Once subdivided, the easternmost 5.24 acres of the development site shall be redeveloped in keeping with the municipal development objectives of providing deed - restricted employee housing within the Town of Vail. Staff believes the proposed major subdivision is in compliance with this criterion. 4. The extent of the effects on the future development of the surrounding area; and As the proposed subdivision is in compliance with the applicable provisions of Title 13, Subdivision Regulations, future development in the areas surrounding the Timber Ridge Village Apartments will have little, if any, negative effects. Town of Vail Page 15 Staff believes the proposed major subdivision is in compliance with this criterion. 5. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and The proposed subdivision is a resubdivision of five existing platted lots. As such, no extension to public utilities is required. While extensions are not required, upgrades and expansion of the existing services are required. The applicants are currently working with representatives from the Eagle River Water and Sanitation District (the "District ") to execute a written agreement guaranteeing the District's ability to serve the Development Site. All other public utility companies have provided written sign -offs to the Town of Vail verifying their ability to serve the Development Site. Staff believes the proposed major subdivision is in compliance with this criterion. 6. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines; and All of the public utility providers supplying services to the subdivision and the Development Site were consulted and signed off on the ability to serve the Development Site. Final confirmation from the Eagle River Water District is pending. Residential and fire flow calculations were analyzed and the appropriate upgrades to the water supply system have been identified on the proposed development plans. Staff believes the proposed major subdivision is in compliance with this criterion. 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and Timber Ridge Village Apartments were acquired by the Town of Vail for the expressed purpose maintaining deed restricted employee housing. To that end, the development site was recently rezoned to the Housing District. The sole purpose of the Housing District is to provide development standards to facilitate the development of deed restricted employee housing. The proposed major subdivision application is intended to facilitate the redevelopment of the easternmost 5.24 acres of Timber Ridge Village Apartments. Pursuant to the Town of Vail Employee Housing Strategic Plan, "The Town of Vail (community) recognizes the need for housing as infrastructure the promotes community, reduces transit needs and Town of Vail Page 16 keeps more employees living in town and will provide enough deed - restricted housing for at least 30% of the workforce through policies, regulations, and publicly initiated development." Staff believes the proposed major subdivision is in compliance with this criterion. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and The proposed major subdivision will have minimal, if any, adverse impacts on the natural environment. This area has already been legally platted and subsequently developed. If approved, the subdivision merely re- subdivides five existing lots into two new lots. Staff believes the proposed major subdivision is in compliance with this criterion. 9. Such other factors and criteria as the commission and /or council deem applicable to the proposed subdivision. X. STAFF RECOMMENDATION Development Plan The Community Development Department recommends the Town of Vail Planning & Environmental Commission, approves with conditions, the applicants' request to establish a Development Plan, pursuant to section 12 -61- 11, Development Plan Required, Housing Zone District, Vail Town Code, to allow for the redevelopment of the easternmost five & 1/4 (5.24) acres of the Timber Ridge Village Apartments, with up to 113 new deed - restricted employee housing units. Staff's recommendation is based upon the review of the criteria and findings outlined in Section VII of this memorandum and the evidence and testimony presented before the Commission. Further, staff recommends the approval of the Development Plan carries with it the conditions of approval described in Section X of this memorandum. Should the Town of Vail Planning and Environmental Commission choose to approve with conditions the development plan, the Community Development Department recommends the Commission makes the following findings, 1. "Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. Town of Vail Page 17 2. Proposed building setbacks provide adequate availability of light, air and open space. 3. Proposed building setbacks provide a compatible relationship with buildings and uses on adjacent properties. 4. Proposed building setbacks result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. 5. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. 6. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. 7. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. 8. A pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. 9. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. 10. Compliance with the Vail comprehensive plan and other applicable plans. " Retaining Wall Height Variance The Community Development Department recommends the Town of Vail Planning & Environmental Commission approves the applicants' request for a retaining wall height variance allowing for retaining walls to be constructed on the site which exceed six feet (6') in height. Staff's recommendation is based upon the evaluation of the criteria and findings outlined in Section VIII of this memorandum and the evidence and testimony presented before the Commission. Town of Vail Page 18 Should the Town of Vail Planning and Environmental Commission choose to approve the retaining wall height variance request, the Community Development Department recommends the Commission makes the following findings: 1. "That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title." Final Plat The Community Development Department recommends the Town of Vail Planning & Environmental Commission forwards a recommend of approval of the applicants' request of a major subdivision creating Lots 1 & 2, Timber Ridge Subdivision. Staff's recommendation of approval is based upon the review of the criteria and findings outlined in section IX of this memorandum and the evidence and testimony presented before the Commission. Further, staff recommends the approval of the Final Plat carries with it the conditions of approval described in Section X of this memorandum. Should the Town of Vail Planning and Environmental Commission choose to forward a recommend of approval of the major subdivision request, the Community Development Department recommends the Commission makes the following findings, "Upon review of the request for a major subdivision creating Lots 1 & 2, Timber Ridge Subdivision, the Planning and Environmental Commission finds. 1. That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town. 2. That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas. Town of Vail Page 19 3. That the subdivision 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. " Conditions of Approval For purposes of the following conditions of approval, the term "Developer" shall mean Gorman & Company, Inc., or its successors, the term "Town" shall mean Town of Vail and the term "Project" shall mean the development plan for the redevelopment of the easternmost portion of Timber Ridge Village Apartments. Any approvals granted by the Town of Vail Planning & Environmental Commission (PEC) shall only be effective upon the approval date of each of the three development application requests. Should one or more of the development applications be denied or fail to be approved, then none of the applications are approved and the proposal is denied in its entirety. 2. The Town and the Developer shall execute a developer improvement agreement obligating the Town to submit and implement a rockfall mitigation plan, within a specific timeframe, which shall be designed and constructed in accordance with the regulations prescribed in Chapter 12 -21, Hazard Regulations, of the Town of Vail Zoning Regulations. Said mitigation shall be installed, inspected for compliance and approved prior to the issuance of any certificate of occupancy for the Project. 3. The Developer shall submit a detailed waste removal management and operations plan specifically describing how waste and recycling will be accommodated and managed on the site. The plan shall be submitted to the Community Development Department for review and approval prior to the issuance of a building permit for the Project. 4. The Developer shall submit an executed deed restriction for Lot 2, Timber Ridge Subdivision, approved by the Town of Vail, demonstrating compliance with Chapter 12 -61, Housing District, and Chapter 12 -13, Employee Housing, Zoning Regulations of the Town Vail, prior to the issuance of a building permit for the Project. The deed restriction shall be noted on the Final Plat prior to recording the Final Plat with the Eagle County Clerk & Recorder's Office. The deed restriction shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of any certificate of occupancy on Lot 2, Timber Ridge Subdivision. 5. The Developer shall submit a construction staging plan to the Town of Vail Community Development Department for review and approval which addresses such matters as materials staging, construction parking plan, construction and occupancy phasing, temporary access, construction Town of Vail Page 20 schedule, temporary utilities, traffic control, emergency access, etc. The Developer shall demonstrate full compliance with the applicable regulations of the Town of Vail prior to the issuance of a building permit for the Project. 6. The Developer shall record a revocable right -of -way permit for any and all private property improvements located with the Town of Vail right of way. Said permit shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Certificate of Occupancy for the Project. 7. The Developer shall submit a Shoring and Excavation Plan to the Town of Vail Community Development Department for review and approval, which addresses such matters as excavation phasing, engineered shoring plans, detailed profiles and cross - sections, existing utilities, materials storage, permanent and temporary easements, etc. The Developer shall demonstrate full compliance with the applicable regulations of the Town of Vail prior to the issuance of a building permit for the Project. 8. The Developer shall make a one time payment in lieu of transportation improvements to the Town of Vail for mitigation of development impacts on the Town's transportation systems. Said payment shall be equal to the net number of new vehicular trips generated in the peak PM hour times $6,500 per trip. Payment shall be made prior to the issuance of any certificate of occupancy for the Project. The Town will accept the construction of any required transportation improvements in lieu of payment as compliance with the mitigation of development impacts obligation. 9. The Developer shall submit an engineered analysis of gabion walls proposed to remain on the site. Said analysis shall address the existing structural conditions of the walls, how the existing walls will be physically integrated into the construction of the new retaining wall system, and how structural shoring will be provided during construction. In no instance shall the design or construction negatively impact the adjacent properties or improvements. The engineered analysis shall be reviewed and approved prior to the issuance of a building permit for the Project. 10.The Developer shall submit a revised grading plan for the west end of the development site demonstrating how the existing portions of the parking lot and drive aisles to remain tie into the proposed new improvements. The revised grading plan shall be reviewed and approved prior to the issuance of a building permit for the Project. 11.The Developer shall obtain a Access Permit from the Colorado Department of Transportation (CDOT) prior to submitting a building permit application to the Town for construction of the Project. A Notice to Proceed from the CDOT shall be reviewed and approved prior to the issuance of a building permit for the Project. Town of Vail Page 21 12.The Developer shall record a copy of the approved Final Plat of the Timber Ridge Subdivision with the Eagle County Clerk & Recorder's Office prior to submitting a building permit application to the Town for the construction of the Project. 13.The Developer and the Town shall place a limitation in the deed restriction, as required in Condition # 4 above, on the number of vehicles allowed on a per unit type basis prior to the issuance of any certificate of occupancy. XI. ATTACHMENTS A. Vicinity Map B. Timber Ridge Development Plan Application, date stamped November, 2013 C. Development Plan Set, date stamped November 23, 2013 D. Proposed Final Plat (Timber Ridge Subdivision), date stamped March 9, 2010 Town of Vail Page 22 Jk CL rxi y{{ fi H LL CM Q t4 Zion, jo k"* it A. m Town of Vail Page 23 TIMBER RIDGE DEVELOPMENT PLAN APPLICATION I NOVEMBER 2013 TIMBER RIDGE DEVELOPMENT PLAN Applicant Gorman & Company, Inc. 200 N. Main Street Oregon Wisconsin Project Architect Berglund Architects, LLC 210 Edwards Village Boulevard Suite A103 Edwards, Colorado Landscape Architect Dennis Anderson Associates, Inc. PO Box 1387 Edwards, Colorado Civil En ig neer Alpine Engineering, Inc. PO Box 97 Edwards, Colorado Land Planning Pylman & Associates, Inc. 137 Main Street, C107W Edwards, Colorado TABLE OF CONTENTS 1.0 Introduction 1 2.0 Existing Conditions 1 3.0 Proposed Plan 2 3.1 Project Description 2 3.2 Site Plan 3 3.3 Buildings and Units 3.4 Detailed Zoning Analysis 5 3.5 Utilities 8 4.0 Housing District Criteria for Evaluation 8 5.0 Retaining Wall Height Variance 12 6.0 Minor Subdivision 14 7.0 Summary 14 3 1.0 Introduction The purpose of this application is to provide information relative to a request for Development Plan approval for the proposed re- development of 5.24 acres of the existing Timber Ridge apartments. There are two accompanying applications to this Development Plan request, a retaining wall height variance and a minor subdivision request to split the existing parcel into two separate lots. Timber Ridge is located at 1280 North Frontage Road. The legal description for the property is Lots 1 thorough 5, a resubdivision of Lion's Ridge Subdivision Block C, Town of Vail, CO. The Town of Vail Zoning map designates Timber Ridge as Housing District (H). Development within the Housing District must receive Development Plan approval in accordance with the parameters and review criteria described in Chapter 12.61 of the Vail Municipal Code. The proposed development plan requires a variance for a retaining wall exceeding six feet in height. This narrative provides information relative to that request. The existing Timber Ridge parcel is 10.082 acres in size. In order to facilitate the redevelopment of a portion of the existing Timber Ridge site the parcel will be split into two separate lots. This narrative also provides information pertinent to this request for minor subdivision. This application and the accompanying civil, architectural and landscape plans contain all of the information required by the Vail Municipal Code to review and approve these applications. 2.0 Existing Conditions Timber Ridge was constructed in 1981 and remains the largest employee housing complex in the Town of Vail. The ten -acre site includes 198 two bedroom, one bath rental units in 16 buildings. Each unit is 745 square feet in size. The Town of Vail purchased the existing Timber Ridge complex in July of 2003 as the original deed restriction was expiring. In 2005 the town issued a Request for Proposals (RFP) for a redevelopment of the property. Corum Real Estate Group was selected through this RFP process but mutually acceptable terms were not successfully negotiated. In July of 2007, anticipating a redevelopment of the property, the Town rezoned Timber Ridge to the Housing (H) District. In 2007 the town received an unsolicited redevelopment proposal from Open/Hillwood that was related to ongoing negotiations regarding redevelopment of the Lionshead Parking Structure. The discussions regarding Timber Ridge were terminated in March 2008. In December of 2008 the Town issued a new Request for Proposals seeking interested and qualified development teams to redevelop approximately one half of the property. A development agreement between the Town of Vail and Vail Timber Ridge LLC was entered into in October of 2009 that stipulated a redevelopment of the eastern half of the ten acre site and required Vail Timber Ridge LLC to deliver 359 EHU's capable of housing a total of 570 beds. That development agreement was terminated due to financial difficulties encountered in delivering the proposed project. On October 15th 2013 the Town of Vail approved a development agreement with Gorman & Company. This application represents the proposed development plan submitted in accordance with the terms of this most recent development agreement. This application proposes to redevelop the eastern 5.242 acres of the site. 3.0 Proposed Plan 3.1 Project Description The development team has worked diligently to design a very livable and attractive housing plan that meets the parameters of the development agreement. The Timber Ridge site poses a fairly significant design and re- development challenge with the objective of optimizing the housing density while providing a desirable and functional project. The property consists of a long narrow site with fairly significant topographic relief from front to back and also along the length of the property. The proposed plan represents a thoughtful balance of site grading, vehicular access, emergency service access and staging requirements, parking, pedestrian circulation, landscape area, bulk and mass considerations, density and architectural design. The site is well located for local housing use with direct access from the North Frontage Road, strong transit service and the property is within walking distance to the Post Office and the restaurants, shops and services of the West Vail area. The property is adjacent to the proposed Simba Run underpass and within reasonable walking distance of the Red Sandstone pedestrian overpass to Lionshead. The proposed design for Timber Ridge includes 113 apartments in a mix of one and two- bedroom floor plans. There are 84 two- bedroom units in three different floor plans, ranging in size from 870 to 933 square feet. There are 29 one - bedroom units in two different floor plans at 597 square feet and 633 square feet in size. The proposed unit mix breaks down to 74% two- bedroom units and 26% one - bedroom units. 3.2 Site Plan The site plan is defined by the long rectangular shape of the site and includes four three -story buildings served by two access points and 153 surface parking spaces. A significant amount of the parking is located behind buildings and will be fairly well screened from public view. Site circulation is very good and the plan meets the fire and emergency services staging requirements. The existing bike path along the front of the Timber Ridge site will remain in place and does not need to be utilized for fire or ambulance staging or access. The site plan ties seamlessly into the existing access and circulation improvements of the western portion of Timber Ridge. Timber Ridge is currently served by several overlapping bus routes at a bus stop located on the North Frontage Road at the primary entrance to the existing apartments. The Town of Vail has developed a plan to improve and enhance this bus stop at some future date. The enhanced transit hub will include space for multiple buses at any given time and significantly improves the Frontage Road traffic flow. The site plan has been designed to fully integrate with this proposed redevelopment of the existing bus stop into a more significant transit center. There is full ADA access to all buildings from the parking area and from the adjacent transit center. A small but functional park area has been designed into a central location on the property giving residents a convenient gathering space for informal recreation. The proposed landscape plan includes a mix of formal turf lawn areas and native grasses. The proposed tree species are primarily limited to spruce and aspen with a select planting of decorative flowering trees at key entrance locations. The site plan resolves the existing encroachment onto Savoy Villas property and all proposed buildings meet the twenty foot required building setback of the Housing Zone District. The existing easternmost building at Timber Ridge currently encroaches onto property that is common area of the Savoy Villas condominiums. The building exists there pursuant to an easement agreement with Savoy Villas. While there will need to be access through this easement area for demolition and construction, there will be no future encroachment, post construction, onto this easement. The proposed landscape plan indicates a re- grading of the area to match up to existing contours and a re- vegetation of all disturbed area with a native seed mix. A low boulder retaining wall allows for some grade between the buildings and the parking area at the western end of the site and a combination of existing and new retaining walls at the rear of the site creates space for the parking and access drive. These new retaining walls at the rear of the site do require a retaining wall height variance. Additional information on that application may be found in a separate section of this project description. The accompanying civil and landscape plan set addresses all of the required information to review the proposed development plan. 3.3 Buildings and Units The proposed 113 units are arranged in four separate buildings. Building A is located on the eastern end of the site and is the only one of the four buildings that is oriented in a north -south direction. This is the area of the site that currently has an existing building encroachment onto the Savoy Villas property. The proposed building meets the required 20' setback from the property line and the landscape plan indicates a re- grading and re- vegetation of the portion of the Savoy Villas site that will be disturbed by the demolition of the encroaching building. Building A contains eight units on each of the three floors for a total of twenty -four units. There are three one - bedroom units and twenty -one two- bedroom units within the building. Building B is a mirrored version of Building A in architectural design and unit mix and is oriented in an east west direction along the back of the site. The ground floor one - bedroom unit in Building B will be used as an on -site management office. Should on -site management become unnecessary at this location at some point in the future this unit may be easily converted into a one - bedroom residential unit. Building C is slightly larger than Buildings A & B with ten units on each of the three floors for a total of thirty units. The building unit mix consists of twelve one - bedroom units and eighteen two- bedroom units. Building D is the largest of the four buildings with twelve units on each floor for a total of thirty -six units. The unit mix in Building D includes twelve one - bedroom units and twenty -four two- bedroom units. There are two different one - bedroom floor plans and three different two- bedroom floor plans. The unit summary included within architectural plan set details the unit distribution and specific floor plan sizes. The buildings have been designed to maximize efficiency and livability. A fully enclosed but unheated entry vestibule and stairway provides access to each pod of four units. This design is very efficient and results in a minimum of built but un- 4 leased space yet provides fairly private access to each unit. The unit access from within the enclosed vestibule provides energy efficiency by eliminating entry doors that open directly to the outside air temperature. Every unit will have a washer, dryer and individual gas furnace and will be equipped with an Energy Star appliance package. The two- bedroom units all include two full bathrooms. All units are designed with full nine -foot ceilings, ample closet space and a kitchen that can accommodate a dining table. Every unit has an eight and a half foot deep covered balcony that is sized to accommodate a table and chairs and each balcony also includes a fully enclosed unheated storage area of at least five feet by eight feet with a useable height of nine feet. The accompanying architectural plan set addresses all of the required information to review the proposed development plan. 3.4 Detailed Zoning Analysis The Housing District is intended primarily to provide for employee housing development opportunities. Due to the nature and varying characteristics of employee housing a housing oriented zone district was specifically developed and adopted into the Vail Land Use Code. The stated intent of the Housing District is to ensure that employee housing is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air and open spaces. A. Permitted Uses The use proposed by the application is employee housing units, which is a Permitted Use in this zone district. The other uses on site are parking, landscaping, a park and an on -site management office which all provide required support to the primary permitted use. B. Conditional Uses There are no conditional uses proposed by this application. C. Setbacks The required setback is the Housing District is twenty feet (20') from the perimeter of the zone district. The proposed plan meets and exceeds this setback requirement in all areas. D. Coverage The Housing District allows for maximum site coverage of fifty -five percent (55 %) of the total site area. The site coverage of the proposed plan is 38,750 square feet, which equates to 17% of the 5.24 -acre site. This information is fully detailed on sheets Al .4 and Al .5 of the architectural plan set E. Landscaping and Site Development The Housing District requires at least thirty percent (30 %) of the total site area to be landscaped. The proposed plan includes a landscape area measured at 116,145 square feet, which equals 51 percent (51 %) of the site area. A landscape area calculation graphic exhibit has been included in the Development Standards Calculations & Exhibits plan set. F. Parking and Loading The Housing District, in recognition of the unique nature and characteristics of employee housing, allows for, at the discretion of the planning and environmental commission, a reduction in the parking requirements outlined in Chapter 10 of the Vail Land Use Code. This reduction is based on a demonstrated need for fewer parking spaces than required by Town Code. The applicant fully understands that the redevelopment of the eastern half of Timber Ridge must be a fully functional project and that the parking must work for the residents. The design of the project includes a parking count that the applicant believes will adequately meet the needs of the residents. The parking standards of the Town Code are by nature a generalist set of standards. Within the Village and LionsHead core areas parking is set at 1.4 spaces per residential unit. All areas of town outside of these core areas fall under a requirement known as Parking Schedule B. The parking requirement under Parking Schedule B for multiple family units is 1.5 spaces per each unit under 500 square feet and 2 spaces per unit for units between 500 and 2000 square feet. This standard is applied across the board, regardless of whether the units are in a triplex or in a 100 unit complex and is irrespective of location, proximity to transit or walkability to community services. The proposed new units range in size from 597 square feet to 933 square feet and although they all fall within the low end of the 500 — 2000 square foot size range the Parking Schedule B standard of two spaces for each unit results in an overall requirement of 226 parking spaces. The proposed plan includes 153 parking spaces. This equates to an allocation of 1 parking space for each one - bedroom unit and 1.47 parking spaces per each two- bedroom unit. This parking ratio is comparable to the parking provided in several similar rental housing projects within the valley and presents an efficient but functional level of service. The Housing Zone District was written in a manner that understands that these generalist standards may not be particularly applicable to local oriented housing projects and allows for a reduction from these standards. Timber Ridge is located adjacent to the Vail Post office and within 9/10 of a mile from two grocery stores, a hardware store, a sporting goods store and the other retail shops, restaurants and bars of the West Vail commercial core. Timber Ridge is also located within 8/10 of a mile from the Lions Head I -70 Overpass, which provides access to all of Lions Head. These distances are well within comfortable walking distance for a fit and active population. Timber Ridge is served by several overlapping bus routes and outside of the Village and LionsHead core area may have the best transit service of any location within the community. Timber Ridge residents can easily access any and all services within the Town of Vail, (social, medical, educational, government, employment, shopping, recreation) and via the ECO Transit system may utilize transit to visit down valley locations. Timber Ridge is an example of a project that by virtue of its location, its target resident demographic and the high quality Town of Vail transit system, can fully function with a reduced parking standard. G. Other Development Standards In the Housing District the development standards of lot area and site dimensions, building height and density control shall be as proposed by the applicant, as prescribed by the planning environmental commission. 1. Lot area and site dimensions This application proposes redevelopment of 5.24 acres of the approximately 10 -acre Timber Ridge site. The site is 885 feet in length along the North Frontage Road and is 233 feet deep at its east end and approximately 300 feet deep at the western boundary. 2. Building Height The proposed buildings are all three -story buildings with a gable roof form. The building heights range from just over thirty feet to forty -three feet and three inches. A complete building height plan indicating the heights at each building ridgeline is included in the architectural plan set. 3. Density Control There are a total of 113 units proposed for the 5.24 acre redevelopment site. That unit count equates to a density of 21.5 units per acre. The GRFA for the project totals 93,419 square feet. A complete GRFA analysis has been completed for each building. The GRFA calculations are fully detailed on sheets A1. 1, A1. 2 and A1. 3 of the architectural plan set. 4. Snow Storage The requirement for adequate snow storage is to designate a useable area equivalent to at least 30% of the total paved area of the site. The total hardscape area of the proposed development plan equals 72,871 square feet in area. The actual provided snow storage areas measure at 21,930 square feet, which meets the 30% requirement. A snow storage area calculation graphic exhibit has been included in the Development Standards Calculations & Exhibits plan set. 3.5 Utilities Water and sanitary sewer mains are located adjacent to or on the site and appear to be adequate to serve the proposed buildings. Natural gas, electric, television and telephone services are all available at the site. A complete civil engineering plan set that addresses all of the required utility service and civil engineering information is included with this application. 4.0 Housing District Criteria for Evaluation The Housing District describes six criteria that shall be used by the staff and planning and environmental commission as the principal means for evaluating a proposed development plan. Those criteria and the applicant's response to each follows below: A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and surrounding neighborhood. Applicant's response: The 10 -acre Timber Ridge site is located between the North Frontage Road and Lion's Ridge Loop in West Vail, with all site access via North Frontage Road. This stretch of the North Frontage Road is, in general, home to the largest concentration of large buildings in the West Vail region. East of Timber Ridge is the relatively large Vail Run and Simba Run buildings. Immediately west of these buildings, adjacent to the east boundary of the proposed redevelopment parcel is the smaller scale Savoy Villas. West of Timber Ridge is the US Post Office facility, the site of the approved Roost Lodge redevelopment and the large scale Vail Commons, City Market, Safeway and West Vail Mall Buildings. Timber Ridge has several attributes that make the site appropriate for high - density housing. Direct access off the North Frontage Road removes any traffic impact from secondary streets and residential neighborhoods. This same attribute allows for extremely efficient and high intensity transit service. The site is centrally located to allow reasonable walking distance to both Lionshead and the West Vail commercial district. The hillside behind Lions Ridge Loop is too steep to allow development so there are no immediate neighbors to the north and no view impacts to any other residential properties. Savoy Villas, located just east of Timber Ridge is oriented toward views to the south, over I -70 and to the southeast towards Vail Mountain. Timber Ridge is one of the very few sites in town available for high - density employee housing that can take advantage of these attributes. The proposed one hundred and thirteen units represent a modest density increase over the existing one hundred and two units on the redevelopment portion of the site. The units are arranged in four buildings of three stories each. This variation in building scale and the variation in building siting improve upon the existing Timber Ridge appearance. The size, scale and architectural design of the buildings is compatible with the neighborhood and the surrounding properties and the redevelopment of the existing buildings to the proposed plan will be an asset to the community. B. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. The proposed Timber Ridge plan provides buildings and improvements that have been specifically designed to produce a functional development plan that works with the shape and topography of the site. The site plan presents a functional and convenient facility for the residents and meets emergency services requirements for access and staging. The site plan meets or exceeds the site development standards for site coverage, landscape area and snow storage. Unit access is convenient from both the parking area and from the bus stop and meets ADA standards. Unit floor plans are efficient and livable. The plan is responsive to the adjacent Savoy Villas property by resolving an existing encroachment issue. The provision of efficient, livable and desirable housing units in an architecturally attractive design is responsive to the goals and needs of the community. A significant description of the site and unit amenities was included in the project description section of this narrative. Frontage Road and transit stop improvements are responsive to the site and the neighborhood. C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. The 10 -acre Timber Ridge site is currently home to 198 two- bedroom apartment units in 16 buildings, with extensive surface parking and site retaining walls. The proposed redevelopment site of 5.24 acres includes 102 of those existing units. The existing development has already significantly impacted the original natural features of this site. Under these existing conditions there is very limited useable open space available to residents. Some of the existing trees along the bike path will be retained while the proposed landscape plan provides for a nice mix of formal and informal plantings. The proposed site plan includes a park area located in a central portion of the site. This park will provide a gathering and informal recreation space to the residents. 10 The existing bike /pedestrian path that traverses the front of the site will remain and is not negatively impacted by the proposed plan. The landscape design represents a significant improvement over existing conditions and provides a very functional and meaningful open space and landscape design. The site plan provides adequate buffering to the adjacent land uses. D. A pedestrian and vehicular circulation system designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. Timber Ridge is located along the North Frontage Road and the town bicycle and pedestrian path has been designed to pass through the site on Timber Ridge property. A well designed sidewalk system provides ADA compliant connections between buildings and from the parking areas and the bus stop. Vehicular access and circulation is direct and efficient. The North Frontage Road will be improved with acceleration and deceleration turn lanes at each of the two vehicular access points. The site plan has been designed to match up with the existing conditions bus stop and access drive and also to the proposed enhanced transit hub and redesigned access drive. The parking and access drives have been designed to meet the fire department requirements and will accommodate trash removal and delivery vehicles. E. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan A complete environmental impact report for the Timber Ridge site was completed for a previous proposed project and evaluated by the town staff and Planning Commission. The recommend mitigation measures included improvements to the North Frontage Road to allow for appropriate turning movements and presented several alternative rockfall mitigation options. This application proposes appropriate turn lane improvements to the North Frontage Road. M The Town of Vail has advanced the study of the rockfall mitigation options and will present a proposed mitigation plan. The applicant and the Town of Vail will work together towards the final design and implementation of these mitigation measures. F. Compliance with the Vail comprehensive plan and other application plans. The Timber Ridge site has been the largest employee- housing complex in Vail since its construction in 1981. The Vail Comprehensive Plan and all of the other applicable long range planning documents and guiding documents recognize this land use as appropriate in this location. A necessary criterion for the 2007 re- zoning of the property to the Housing District was compliance with the Vail Comprehensive Plan and all other applicable plans. This positive re- zoning action serves as affirmation that the proposed land use is in compliance with the Vail Comprehensive Plan. This application for redevelopment of approximately half of the existing Timber Ridge complex does not represent a change in land use, but is a change in the physical arrangement and intensity of that existing land use. As such, this application remains in full compliance with all applicable Town of Vail comprehensive planning documents. 5.0 Retaining Wall Height Variance The Timber Ridge Development Plan application includes an accompanying application request for a variance from the retaining wall maximum height of 6 feet. The existing Timber Ridge site contains several retaining walls of significant height above six feet. The proposed plan keeps some of these walls in place and removes and replaces walls in other locations. The proposed development plan works with the site as it has been previously disturbed and represents a balancing of many different design goals. The site grading plan addresses the desired access point locations, provides ADA compliant pedestrian circulation and maximizes density and parking while maintaining fire department access and staging, snow storage and landscape areas. This balancing of site objectives results in a retaining wall design at the rear of the property that exceeds the six foot maximum height standard. The proposed retaining wall ranges in height up to approximately seventeen feet. There is a total of 4,351 square feet of wall area that exceeds the six -foot height limit. A detailed retaining wall height plan is included in the Development Standards Calculations & Exhibits plan set. 12 There are specific findings that must be made in order for the Planning Commission to approve a variance request. Those findings and the applicant's response to each finding are listed below: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. Applicant response: The purpose section of the Housing District states that the "housing district is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. It is necessary in this zone district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed... " The Housing District allows for a flexible approach to prescribing development standards in order to provide an appropriate balance of standards while pursuing the housing goals of the community. The retaining wall height requirement is not a listed development standard and is therefore not subject to this customized allowance. However, this approach to design development standards does provide some insight into the way site development within the district may be reviewed. The overall goal of this redevelopment proposal has been to balance the housing objectives of the town with the provision of a high quality, functional site plan. This approach does not result in a grant of special privilege inconsistent with limitations placed on other properties within this district. This approach is very consistent within the Housing Zone District. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Applicant response: The proposed retaining wall design will not be detrimental to the public health, safety, or welfare, nor will it be materially injurious to any nearby property. The site plan has been designed to minimize the necessary retaining wall heights as much as possible while meeting the density and parking goals for the property. The proposed buildings and the site topography provide a significant visual screen from most adjacent viewpoints. The site grades do not negatively affect any 13 adjacent improvements. 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone district. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district Applicant Response: The requested variance is warranted as proposed. This application is a proposed redevelopment of an existing housing project within the Housing District. The existing conditions include a significant amount of site retaining walls. The strict application of the six -foot height limit would create a significant hardship to any redevelopment of the site and would therefore be inconsistent with the objectives of the Housing District. 6.0 Minor Subdivision The Timber Ridge Development Plan application includes a request for approval of a Minor Subdivision. The existing Timber Ridge parcel is 10.082 acres in size. In order to facilitate the redevelopment of a portion of the existing Timber Ridge site the parcel will be split into two separate lots. A final plat has been included with the plan package that meets all of the standards and requirements for a minor subdivision. 7.0 Summary The existing Timber Ridge development is thirty -two years old and the existing units have reached the end of their functional life cycle. The age of the property affects the desirability of Timber Ridge as a housing choice. The proposed development plan allows for an increase in density yet significantly improves functional aspects of the site and the livability of the apartments. This proposed redevelopment of a portion of Timber Ridge will provide a tremendous community benefit. 14 Parking Management Plan for the proposed re- development of the east portion of Timber Ridge December 2013 The Housing Zone District, in recognition of the unique nature and characteristics of employee housing, allows for, at the discretion of the Planning and Environmental Commission, a reduction in the parking requirements outlined in Chapter 10 of the Vail Land Use Code. This reduction is based on a demonstrated need for fewer parking spaces than required by Town Code. The purpose of this management plan is to provide information demonstrating a need for fewer parking spaces and to outline strategies for managing the provided parking to ensure a functional parking situation at the re0developed Timber Ridge property. The following paragraph presents the exact language as written in the Town of Vail Housing District: Off street parking shall be provided in accordance with chapter 10 of this title. No parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. (Ord. 19(200 1) § 2: Ord. 3(200 1) § 2) The parking standards of the Town Code are by nature a generalist set of standards. Within the Village and LionsHead core areas parking is set at 1.4 spaces per residential unit. All areas of town outside of these core areas fall under a requirement known as Parking Schedule B. The parking requirement under Parking Schedule B for multiple family units is 1.5 spaces per each unit under 500 square feet and 2 spaces per unit for units between 500 and 2000 square feet. The parking requirement is based solely on the size of the unit with no consideration for number of bedrooms or assumed occupancy. The standard is applied across the board, regardless of whether the units are in a triplex or in a 100 -unit complex and is irrespective of location, proximity to transit or walkability to community services. The proposed 113 new units range in size from 597 square feet to 933 square feet and all fall well within the low end of the 500 — 2000 square foot size range. The parking requirement under Schedule B is the same for each unit, regardless of whether the unit is a one or two bedroom floor plan. This Parking Schedule B standard of two spaces for each unit results in an overall requirement of 226 parking spaces. The proposed plan includes 153 parking spaces. This equates to an allocation of 1 parking space for each one - bedroom unit and an average of 1.47 parking spaces per each two- bedroom unit. This parking ratio is comparable to the parking provided in several similar rental housing projects within the valley and presents an efficient but functional level of service. Timber Ridge meets the generally used definitions for Transit Oriented Development. The property is served by several overlapping bus routes and may very well have the best transit service of any location within the community outside of the Village /Lionshead shuttle. Timber Ridge residents can easily access any and all services within the Town of Vail, (social, medical, educational, government, employment, shopping, recreation) and via the ECO Transit system may utilize transit to visit down valley locations. Coupled with the cost and availability of core parking this makes Timber Ridge a prime location for residents looking to minimize or avoid the need to own a car. Timber Ridge is located adjacent to the Vail Post office and is less than a mile from two grocery stores, a hardware store, a sporting goods store and the other retail shops, restaurants and bars of the West Vail commercial core. Timber Ridge is also located less than a mile from the Lions Head I -70 Overpass, which provides access to all of Lionshead. These distances are well within comfortable walking distance for a fit and active population. There are management techniques that are commonly used in other rental housing projects in the area. The primary focus will be on parking management and control. The provision of an on -site management office will facilitate this task. Residents will be required to register their vehicles and will be issued parking permits to be prominently displayed. Active management of non - resident parking, for example, day skiers attempting to "poach" parking and take advantage of the free transit system, will be critical. One option that has been used in several rental buildings is to create a policy of allocating one parking space per unit and charging an additional $75 monthly charge for a second parking space. Priority would be given to two- bedroom units for allocation of the second parking spaces. This fee could be adjusted as appropriate to meet parking goals. A potential accompanying strategy could be to create a priority system that gives preference to potential renters that will not park a car, or will only park one car. The applicant fully understands that the redevelopment of the eastern half of Timber Ridge must be a fully functional project and that the parking must work for the residents. Corum Real Estate is the current and long -time management agency for the existing Timber Ridge units. Corum has actively consulted on the design of the proposed re- development and has provided excellent input to the project team. Corum believes that the number of parking spaces proposed will adequately meet the needs of the residents. The provision of one space per one - bedroom unit and an average of 1.5 spaces per each two- bedroom unit, in conjunction with the excellent transit service, proximity to a full range of services and the above mentioned management strategies, implemented and adjusted as necessary to achieve their goals, should allow the proposed parking to meet the need of the residents. 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R J Z om '~ z W d m�a a Z n� °o eg s rI 13U a 83tl U U w 5. a. / m W �a ¢ w z LL\ < ;¢ U En x V o 9.ppm k � N2B, t"a$uooa - L3d 1 7 t- ___ 413- N 2s zsF:o� - o Wm w Q�z`L _ >z moo W m U ry Q ry C 2 _ z �v R R M J GJ d > O � l7 v1 N Z . } N p p>0 \ Qz N � v I d� +x} N O w 00 zo On/ �0 Z � O m O -- W W � U � �zUJ O J W J W Q�mtL z z0 �QO} �z W m O U w � � w �0 �z z� 00 J ~ lL 0 z 0 C� m LU W Q a k ra Jil �1 a 6 �d �O J P $ ms's, Z i VA ds ��< JAmoo Ad Name: 9790059A PLANNING AND ENVIRONMENTAL COMMISSION Customer: TOWN OF VAIL /PLAN DEPT /COMM December 23, 2013 TOWN COUNCIL CHAMBERS AMBERS Your account number is- 1OP2P 33 / PUBLIC WELCOME 75S. Frontage Road - Vail, Colorado, 81657 Vail Daily MEMBERS PRESENT MEMBERS ABSENT Site Visit: 1.Timber Ridge - 1280 North Frontage Road PROOF OF PUBLICATION 90 minutes 1.A request for a review of a Development Plan, pursuant to section 12- 61 -11, Development Plan Required, Housing Zone District, Vail Town Code STATE OF COLORADO } to allow for the redevelopment of the easternmost five & 1/4 (5.24) acres of the Timber Ridge Village iss Apartments, with up to 113 new deed - restricted II employee housing units; a request for a review of a COUNTY OF EAGLE } preliminary plan and final plat, pursuant to Chapter 13 -3, Major Subdivision, Vail Town Code, to allow for a resubdivision of Lions Ridge Subdivision Fil- ing 1, Block C, A resubdivision of Lots C1, 2, 3, 4 & I, Don Rogers, do solemnly swear that I am a qualified 5; and a review of a variance from Section 14 -6 -7, Retaining Walls, Vail Town Code, pursuant to representative ofthe Vail Daily. That the same Daily newspaper Chapter 12 -17, Variances, Vail Town Code, to al- low for the construction of retaining walls in ex- cess of six (6) feet in height, located at 1280 North printed in whole or in part and published in the County Frontage Road/ Lots 1 -5, Block C, Lions Ridge of Eagle, State of Colorado, and has a general circulation Subdivision, Filing 1, and setting forth details in re- ( PECit30036 )(PEC130037)(PEC130035) therein; that said newspaper has been published continuously Applicant: Gorman & Company and the Town of Vail Municipal Corporation and uninterruptedly in said County of Eagle for a period of Planner: Warren Campbell ACTION: more than fifty -two consecutive weeks next prior to the first MOTION: SECOND:VOTE: 2,A request for the review of a final plat, pursuant publication of the annexed legal notice or advertisement and to Chapter 13 -12, Exemption Plat Review Proce- that said newspaper has published the requested legal notice p q g dures, Vail Town Code, to allow for the relocation of an existing platted building lot, located at 1191 Casolar Del Norte Drive, Lot 5 /Lot A Block A, Li- and advertisement as requested. -7, on's Ridge Subdivision Filing 1, and setting forth details in regard thereto. (PEC130038) Applicant: Todger Anderson, represented by Tom Braun The Vail Daily is an accepted legal advertising medium, Planner: Warren Campbell ACTION: Table to January 13, 2013 MOTION: SECOND:VOTE: only for jurisdictions operating under Colorado's Home 3.A request for the review of a variance from Sec- tion 12 -6E -8, Density Control, Vail Town Code, provision. 1� pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for an increase in dwelling units per acre to facilitate the construction of two single -fam- That the annexed legal notice or advertisement was ily residences, located at 1183 and 1191 Casolar Del Norte Drive /Lots 4 and 5, Casolar Vail, and published in the regular and entire issue of every setting forth details in regard thereto. (PEC130010) Applicant: Todger Anderson, represented by Tom Braun number of said daily for the period of I y 1� Planner: Warren Campbell consecutive insertions; and that the first publication of said ACTION: Table to January 13, 2013 MOTION: SECOND:VOTE: notice was in the issue of said newspaper dated 12/13/2013 and 4.Approval of December 9, 2013 minutes minutes that the last publication of said notice was dated 12/13/2013 MOTION: SECOND: VOTE: in the issue of said newspaper. S.Information Update 6.Adjournment MOTION: SECOND: VOTE: In witness whereof, I have here unto set m hand this day, applications and information about the propos � y y� als are available for public inspection during regu 12/19/2013. lar office hours at the Town of Vail Community De- velopment Department, 75 South Frontage Road. The public is invited to attend the project orienta- tion and the site visits that precede the public hearing in the Town of Vail Community Develop - ment Department. Times and order of items are approximate, subject to change, and cannot be re- lied upon to determine at what time the Planning and Environmental Commission will consider an General Mana er/Publisher/Editor item. Please call (970) e interpretation for additional in- g formation. Sign language interpretation is available upon request with 24 -hour notification. Please call Vail Daily (970) 479 -2356, Telephone for the Hearing Im- Subscribed and sworn to before me, a notary public in and for paired, for information. Community Development Department the County of Eagle, State of Colorado this day 12/19/2013. Published December 13, 2013 in the Vail Daily. (9790059) � 2m.&& 9. -V-� Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 �pRY PUe/ ' PAMELA J. SCHULTZ 9�� COt -ARP$ My Commismn Expires 1110112015 Ad Name: 9745921 A Customer: TOWN OF VAIL /PLAN DEPT /COMM Your account number is- 1 OP2P 33 Vail Daily 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 11/29/2013 and that the last publication of said notice was dated 11/29/2013 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 12/10/2013. 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 12/10/2013. � 2M 4,& 9. -V-� Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 �pRY PUe/ ' PAMELA J. SCHULTZ 9�� COt -ARP$ 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 December 16, 2013 at 1:00 pm in the Town of Vail Municipal Building. 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. A request for a review of a Development Plan, pur- suant to section 12- 6I -11, Development Plan Re- quired, Housing Zone District, Vail Town Code to allow for the redevelopment of the easternmost five & 1/4 (5.24) acres of the Timber Ridge Village Apartments, with up to 113 new deed - restricted employee housing units; a request for a review of a preliminary plan and final plat, pursuant to Chapter 13 -3, Major Subdivision, Vail Town Code, to allow for a resubdivision of Lions Ridge Subdivision Fil- ing 1, Block C, A resubdivision of Lots C1, 2, 3, 4 & 5; and a review of a variance from Section 14 -6 -7, Retaining Walls, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to al- low for the construction of retaining walls in ex- cess of six (6) feet in height, located at 1280 North Frontage Road/ Lots 1 -5, Block C, Lions Ridge Subdivision, Filing 1, and setting forth details in re- g a n d t h e r e t o ( PEC 130036) (PEC 130037) ( PEC 130035) Applicant: Gorman & Company and the Town of Vail Municipal Corporation Planner: George Ruther A request for the review of a final plat, pursuant to Chapter 13 -12, Exemption Plat Review Proce- dures, Vail Town Code, to allow for the relocation of an existing platted building lot, located at 1191 Casolar Del Norte Drive, Lot 5 /Lot A -7, Block A, Li- on's Ridge Subdivision Filing 1, and setting forth details in regard thereto. (PEC130038) Applicant: Todger Anderson, represented by Tom Braun Planner: Warren Campbell 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 November 29, 2013 in the Vail Daily (9745921)