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HomeMy WebLinkAbout2016-0808 PECTOWN Of VAIP PLANNING AND ENVIRONMENTAL COMMISSION August 8, 2016, 1:00 PM Vail Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 1. Call to Order Members Present: Chairman Rediker, Brian Gillette, Henry Pratt, Ludwig Kurz and Brian Stockmar Absent: John Ryan Lockman, Kirk Hansen 2. A request for the review of a variance from Section 11-6-3: Business Signs and Section 11-6-4: Building Identification Signs, Vail Town Code, pursuant to Section 11- 10-1: Variances, Vail Town Code, to allow for a Business Sign in excess of six (6) square feet and a wall mounted sign to be placed higher than twenty five feet (25) above existing grade, located at 1775 Sunburst Drive (Vail Golf & Nordic Clubhouse) / Lot 3, Sunburst Filing 3, and setting forth details in regard thereto. (PEC16-0028) - 15 min. Applicant: Town of Vail, represented by Greg Hall Planner: Jonathan Spence Action: Approve the Sign Height Variance w/ conditions (sign in excess of 6 sq. ft. not approved.) Motion: Pratt Second: Kurz Vote: 4-1-0 (Gillette opposed) Spence — Summarized the Town's three (3) sign districts and referenced graphics depicting the locations and dimensions of the proposed signage. The golf course is located within Sign District 1, which is intended for pedestrian -oriented businesses. The golf course, being automobile -oriented, is therefore requesting two (2) signage variations from the underlying sign district; one (1) variance to exceed the maximum allowed size and one (1) variance to exceed the maximum allowed height. Kurz — Asked for clarification of the height of the sign. Stockmar — What is across the street from the property and have there been any neighbor comments? Spence — The golf course townhomes are across the street and the owners were notified of the request, but there have been no comments. Gillette — What size were the previous signs? Spence — Does not know. Rediker — Why does only one of the signs require a size variance? Spence — Sign size is calculated based on frontages. The building is allowed a sign up to fifty (50) square feet and the tenant is allowed up to six (6) square feet. Public Comment — There was none. Kurz — Has the rest of the signage been approved by the DRB? Spence — No, it will be reviewed separately by the DRB in the near future and it is anticipated that the signage will be staff approved. Kurz — Believes the signage is appropriate and is in favor of the requested variances. Pratt — Supports the request for the sign height variance, but is unsure about the sign size variance for the tenant. Spence — Mentioned that if the property were located in Sign District 2, the proposed tenant sign would be permitted by right. Gillette — Does not support either requested variance because he believes everyone will know that the property is a golf course. Spence — Different properties within the same sign district have different circumstances. Stockmar — Supports the sign height variance, but is concerned about the size of the tenant sign. Would like the two (2) requests to be separated. Rediker — Agrees with other Commissioners in that he supports the sign height variance request, but not the sign size variance request. Believes there are other solutions available, and that the sign size variance request does not fulfill the three (3) criteria for a sign variance. 3. A request for a major amendment to SDD No. 24, Warner Development, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code to remove Section 5, Item 3, requiring the pool area on Lot 4 to be permanently restricted to a pool, from the conditions of approval within Ordinance No. 11, Series of 1990, located at 1825 Sunburst Drive/Lot 4, Vail Valley Filing 3, and setting forth details in regard thereto (PEC16-0027). - 30 min. Applicant: Deborah Webster, represented by Current Architects Planner: Matt Panfil Action: Approve Motion: Stockmar Second: Gillette Vote: 5-0-0 Panfil — Summarized the request contained in the application. Rediker — Is the site compliant with site coverage requirements? Panfil — Yes. Pratt — Under the SDD, what variations from the underlying zoning are there to be gained? Panfil — GRFA and site coverage were different at time of SDD approval. Pratt — Today's underlying zoning requires 20% site coverage? Panfil — Confirmed by today's zoning. Rediker — Why are there three lots included in the SDD rather than one? Panfil — The decision was made at time of SDD, but he does not have all of the details. Rediker— Explain again the EHUs on the site and how they are related to the swimming pool? Panfil — Clarified the EHU conditions on the site as being a public benefit in exchange for additional GRFA and site coverage. Michael Current, Current Architects, representing the applicant provided an overview of the request. Stockmar — Are there any current plans to make further changes to the property? Michael Current — No changes at this time are anticipated. Pratt — Has the applicant contemplated abolishing the SDD? Michael Current — Contemplated the idea, but this specific request is narrow. Rediker — Opened public hearing. No public comment. Rediker - Opened Commissioner comment. Stockmar — Concerned about site coverage but the request does not appear that it will affect anything else as it is an existing developed property. The request speaks to unintended consequences of changes in land use policy. Pratt — Question for George Ruther about how many lots were originally plotted? Ruther — Confirmed three lots. Pratt — GRFA and site coverage are a concern of granting special privilege. Favors abolishing the SDD altogether to eliminate issues and then default to underlying zoning. Kurz — Concurs with Commissioner Pratt. Applicant requests to speak to issues raised by Commission. Site coverage is integral to the structure at this time. Structure has been in place since 1990 and the pool area is nearly entirely subterranean. Stockmar — Asked applicant to clarify how the space will be utilized? May change bulk and mass and footprint. Gillette — Asked for clarification as to the approval process by council. Ruther — The SDD was originally approved with deviations from GRFA and site coverage, but changes over time have made it now compliant with GRFA. Gillette — Concerned with original council approval that the pool was to remain in perpetuity. Pratt — Site coverage overage is not entirely due to the pool. Normally an applicant would have to bring more detailed development plans to remove a specific element of the original plan. Ruther — Any future changes that did not comply with zoning would need to return to the PEC. Gillette — By the SDD standards, how much GRFA remains? How much GRFA remains by underlying zoning? Panfil — Provided data. Rediker — Is the EHU currently occupied? Deborah Webster, owner of 1825 Sunburst Drive — No, the EHU is not currently occupied. It was until two months ago, but the property was under contract so the lease was not renewed. Stockmar — Does a PEC approval today affect the requirements of the EHU? Panfil — No. 4. A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-15-3, Definition, Calculations, and Exclusions, Vail Town Code concerning the definition of Gross Residential Floor Area (GRFA) and setting forth details in regard thereto (PEC16-0024). - 60 min. Applicant: Town of Vail Planner: Chris Neubecker Action: Continue to August 22, 2016 Motion: Gillette Second: Kurz Vote: 4-1-0 (Rediker opposed) Neubecker — Summarized the request and options contained in the application. Rediker — Opened for questions from board to the staff. Pratt — Asked to clarify why a six foot (6') difference in floor levels was chosen. Neubecker — Explained process whereby staff arrived at six foot (6') floor height. That number has been used by staff and development community, now being codified. Rediker — Option 1 is really a change of code, not just policy. From Option 2, how is six foot (6) floor height not a code change and what is the justification? Neubecker — It is a change in code, used to implement current policy. Option 2 would change an interpretation used by staff for some time. The six foot (6) step change would provide flexibility. Gillette — Described floor level separation from construction perspective. Believes it leads to better architecture. Would Mike Suman's plans have passed if this were implemented? Was there a step greater than six feet (6) in those plans? Neubecker — The Suman house does have steps greater than six feet (6). Gillette — The number is arbitrary and should not dictate design. The lowest level should be any level throughout the house with no other GRFA below it. Most people don't want subterranean space. Rediker — Opened public comment. Ron Byrne — Does not understand intent of six foot (6) floor level restriction proposed. End goal should be equality between homeowners. Does not agree with any of the options presented by staff. Adam Gilmer, Berglund Architects — Agrees with Ron Byrne; the rules should be equal for both homeowners. Six foot (6) step proposed is arbitrary. Differentiate "unit" from "structure" and measuring from party wall is already being done from existing grade. Planning department at one time considered each unit of a duplex a structure. Rediker — Closed public comment. Opened commissioner comments. Kurz — Does not feel the options presented are adequate to address the issues at this time. Pratt — Option 1 is more equitable but is a much more significant change. Option 2 is closer and more equitable, but six foot (6) step restriction is too arbitrary. Should be the lowest level on each side. Option 3 (no action) is not an option. Gillette — Does not understand equitable argument. Does not think a buyer of a duplex is entitled to equity. Questions the purpose of basement deduction and thinks if it is underground and doesn't affect bulk and mass then it should not count as GRFA. Stockmar — Difference between equity and fairness. GRFA rules have become too complex. Agrees with Commissioner Kurz, the options presented do not fix the problem. Inclined to defer action on the application. Rediker — Option 1 is not right; Option 2 provides more equity and certainty but concerned that six foot (6) step restriction is arbitrary. Inclined to modify Option 2 to move the application forward. Gillette — Was happy to see the other zone districts added in to application Ruther — Asked PEC to provide better direction and reiterated that we are moving away from a clarification and more toward a wholesale code amendment. Spence — Clarified six foot step (6') was chosen to allow for different floor levels on the lowest level of the structure, such as a sunken media room. Neubecker — Clarified how a structure is measured in response to comments by Pratt. Gillette — How are the levels actually calculated? Neubecker — Percentage below grade is calculated as one structure, not as two units and then split between the units. Ruther — Staff needs to test going beyond the six foot (6') restriction and see if it works. Pratt — Not comfortable with six foot (6') step restriction. Gillette —What number is the right sized step then? Six foot (6') is not enough because an uphill unit (of a duplex) would not get the deduction if it is higher than six feet (6') from other floor. If it is subterranean they should get the credit as the lowest level. Come back to PEC with options specific to the levels. Ron Byrne asked Chairman Rediker to speak — Permission granted. Pratt — Asked whether to go to Council for more direction? Ruther — Best to keep the issue with PEC at this time. Recommend testing a couple of new ideas presented today and return to PEC with findings. Will also better justify the rationale and justification of the proposed step. Rediker — If the PEC is comfortable with Option 2, then consider a motion to approve. Options are Option 2, or continue the application to a later date. 5. A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-13-5, Employee Housing; Employee Housing Unit Deed Restriction Exchange Program, Section 12-23-6, Commercial Linkage; Methods of Mitigation, and Section 12-24-6, Inclusionary Zoning; Methods of Mitigation, Vail Town Code, concerning the payment of Fees in Lieu of providing Employee Housing and setting forth details in regard thereto (PEC16-0025). - 60 min. Applicant: Town of Vail Planner: Alan Nazzaro Action: Approve Motion: Kurz Second: Stockmar Vote: 5-0-0 Nazzaro — Summarized the request. Rediker —What is the main purpose behind this proposed amendment? Nazzaro — Keep deed restrictions we have for Town inventory of units. Rediker — So it will mostly impact new development? Nazzaro — Correct. Gillette — Not limiting an applicant's ability to acquire another property to deed restrict? Nazzaro — Correct. Pratt — Strictly for off-site units? Nazzaro — Would have to find another property or deed restriction. Gillette — The purpose is to have someone fulfill the EHU obligation rather than just pay. Rediker — Clarify unit size? Nazzaro — Clarified the proposed requirements. Pratt — Clarify the number of employees vs number of units as contained in the requirements. Ruther — Clarified. Rediker — Has an analysis of relative costs been performed? Economic analysis on redevelopment? Nazzaro — The proposed Housing Strategic Plan recommends that the Town also purchase deed restrictions if funding ok by Council. Rediker — Opened to public comment. No public comment. Closed public comment. Kurz — In favor of the application and agrees with the intent not to produce revenue but produce actual units. Pratt — The Town's goal is to house 30% of the workforce and the Town is falling short and with this an applicant cannot write a check out of it. Gillette — Thinks the application is great. Stockmar — Feels it is important that the Town have adequate housing opportunities. Very much in favor of the application. Rediker — Sees the changes to be beneficial to the Town's goals. Cuts down on applicants punting the job of finding housing by writing a check. Approval of Minutes July 25, 2016 PEC Meeting Results Action: Approve Motion: Kurz Second: Stockmar Vote: 5-0-0 Informational Update - View Corridors — Brian Garner Adjournment PLANNING AND ENVIRONMENTAL COMMISSION TOWN Of VA10 August 8, 2016, 1:00 PM Vail Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 Call to Order 2. A request for the review of a variance from Section 11-6-3: Business Signs and Section 15 minutes 11-6-4: Building Identification Signs, Vail Town Code, pursuant to Section 11-10-1: Variances, Vail Town Code, to allow for a Business Sign in excess of six (6) square feet and a wall mounted sign to be placed higher than twenty five feet (25') above existing grade, located at 1775 Sunburst Drive (Vail Golf & Nordic Clubhouse) / Lot 3, Sunburst Filing 3, and setting forth details in regard thereto. (PEC16-0028) Applicant Town of Vail, represented by Greg Hall Planner: Jonathan Spence 3. A request for a major amendment to SDD No. 24, Warner Development, pursuant to 30 min. Section 12-9A-10, Amendment Procedures, Vail Town Code to remove Section 5, Item 3 requiring the pool area on Lot 4 to be permanently restricted to a pool, from the conditions of approval within Ordinance No. 11, Series of 1990, located at 1825 Sunburst Drive/Lot 4, Vail Valley Filing 3, and setting forth details in regard thereto (PEC16-0027). Applicantfleborah Webster, represented by Current Architects Planner: Matt Panfil 4. A request for a recommendation to the Vail Town Council for a Prescribed Regulations 60 min. Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-15-3, Definition, Calculations, and Exclusions, Vail Town Code concerning the definition of Gross Residential Floor Area (GRFA) and setting forth details in regard thereto (PEC16-0024). Applicant Town of Vail Planner: Chris Neubecker 5. A request for a recommendation to the Vail Town Council for a Prescribed Regulations 60 min. Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-13-5, Employee Housing; Employee Housing Unit Deed Restriction Exchange Program, Section 12-23-6, Commercial Linkage; Methods of Mitigation, and Section 12-24-6, Inclusionary Zoning; Methods of Mitigation, Vail Town Code, concerning the payment of Fees in Lieu of providing Employee Housing and setting forth details in regard thereto (PEC16-0025). Applicant Town of Vail Planner: Alan Nazzaro 6. Approval of Minutes July 25, 2016 PEC Meeting Results 7. Informational Update View Corridors 8. Adjournment The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are appro)amate, 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 48-hour notification. Please call (970) 479-2356, Telecommunication Device for the Deaf (TDD), for information. Community Development Department Published in the Vail Daily August 5, 2016 TOWN OF VA110 VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO MEETING DATE: August 8, 2016 ITEM/TOPIC: A request for the review of a variance from Section 11-6-3: Business Signs and Section 11-6-4: Building Identification Signs, Vail Town Code, pursuant to Section 11-10-1: Variances, Vail Town Code, to allow for a Business Sign in excess of six (6) square feet and a wall mounted sign to be placed higher than twenty five feet (25') above existing grade, located at 1775 Sunburst Drive (Vail Golf & Nordic Clubhouse) / Lot 3, Sunburst Filing 3, and setting forth details in regard thereto. (PEC16-0028) ATTACHMENTS: File Name Description PEC16-0028_Golf Course Sign_Variance Memo.pdf Staff Memorandum Vail_Golf_Course_-_1775_Sunburst_Drive_- Vicinity Map, Attachment Vicinity_Map_Attachment A.pdf VGC_Sign_Proposal-_Attachment B.pdf Signage Proposal, Attachment B 0) ruwN oFvaiL Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 8, 2016 SUBJECT: A request for the review of a variance from Section 11-6-3: Business Signs and Section 11-6-4: Building Identification Signs, Vail Town Code, pursuant to Section 11-10-1: Variances, Vail Town Code, to allow for a Business Sign in excess of six (6) square feet and a wall mounted sign to be placed higher than twenty five feet (25') above existing grade, located at 1775 Sunburst Drive (Vail Golf & Nordic Clubhouse) / Lot 3, Sunburst Filing 3, and setting forth details in regard thereto. (PEC16-0028) Applicant: Town of Vail, represented by Greg Hall Planner: Jonathan Spence I. SUMMARY The applicant, the Town of Vail, represented by Greg Hall, is requesting a variance from Section 11-6-3: Business Signs and Section 11-6-4: Building Identification Signs, Vail Town Code, pursuant to Section 11-10-1: Variances, Vail Town Code, to allow for a Business Sign in excess of six (6) square feet and a wall mounted sign to be placed higher than twenty five feet (25') above existing grade, located at 1775 Sunburst Drive (Vail Golf & Nordic Clubhouse). Based upon staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of this application subject to the findings noted in Section VIII of this memorandum. A vicinity map (Attachment A) and the applicant's sign packet proposal (Attachment B) are attached for review. II. DESCRIPTION OF REQUEST The applicant, the Town of Vail, represented by Greg Hall, is requesting a sign variance to allow for a Business Sign in excess of six (6) square feet and a wall mounted Building Identification Sign to be placed higher than twenty five feet (25') above existing grade, located at 1775 Sunburst Drive The applicant requests to place a Building Identification Sign 30'-4" above existing grade along the west facade and to place a twelve (12) square foot Business Sign along the east facade. All other proposed signs, including a free standing Building Identification Sign, other Business Signs, and Operation Signs are in compliance with the Sign Regulations. III. BACKGROUND The Vail Golf and Nordic Clubhouse is currently undergoing a significant remodel with an expected completion in the fall of 2016. A component of the remodel project is a new signage and wayfinding package. The Vail Town Code (Code) divides the town into three districts for the purposes of signage regulations. These three districts are: A. Sign district 1 (SD 1): All of Vail except for property zoned ABD and CC3. B. Sign district 2 (SD 2): All property zoned ABD and CC3 (West Vail and Cascade Crossing). C. Sign district 3 (SD 3): West Vail Interchange (CDOT right of way). The Vail Golf and Nordic Clubhouse property is located within Sign District 1. The vast majority of commercial properties located in Sign District 1 are found in either Vail or Lionshead Village with the notable exception being Pitkin Creek Park in East Vail. As such, the sign regulations specific to Sign District 1 are predicated on a pedestrian scaled environment where most signs are viewed from a relatively short distance. Some commercial properties located within Sign District 1 that are not located within the pedestrian villages have received variances in the past, including Blu's Restaurant located at the Vail Racquet Club in East Vail. IV. APPLICABLE PLANNING DOCUMENTS Staff finds that the following provisions of the Vail Town Code are relevant to the review of this proposal: Title 11— Sign Regulations, Vail Town Code Chapter 1: Description, Purpose, and Applicability (in part) 11-1-2: PURPOSE: A. These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town of Vail and to promote the coordinated and harmonious design and placement of signs in the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. B. Specific Purpose: 2 1. To describe and enable the fair and consistent enforcement of signs in the town of Vail. 2. To encourage the establishment of well designed, creative signs that enhances the unique character of Vail's village atmosphere. 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform. 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community. Chapter 6: Business and Building Identification Signs (in part) 11-6-3: BUSINESS SIGNS.-'- J A. Business Identification Signs.- 1. igns: 1. Business identification signs in sign district 1 (SD I).- a. ): a. Number. Each business shall be allowed one business identification sign per public entrance. b. Area: The allowable area of each business identification sign shall be up to six (6) square feet. At the discretion of the design review board, a business identification sign for a bowling alley or movie theater may be up to fifteen (15) square feet in area, subject to the applicant demonstrating that the sign area is harmonious with the scale and architectural character of the subject business and the building in which it is located. c. Height: Projecting and awning signs shall have a minimum clearance of eight feet (8) above pedestrianways and a minimum clearance of fifteen feet (15) above vehicularways. No part of any business identification sign shall extend more than twenty five feet (25) above existing grade. d. Location: Business identification signs shall be located on the business frontage. e. Type Of Sign: Business identification signs shall not be freestanding. f. Businesses Not On The First Floor Or Street Level: Businesses not located on the first floor or street level shall be allowed only one projecting sign with a maximum area of four (4) square feet; location shall be subject to design review. 3 11-6-4: BUILDING IDENTIFICATION SIGNS:' 0 A. Description: A building sign indicates the name of a building, which, in some cases (such as a hotel or lodge) may be the same as the primary business and building owner. All building signs shall comply with the regulations listed herein and shall also be subject to review by the design review board, which reviews signage based on the criteria in chapter 5 of this title. The total area allowed for building identification signage in both sign district 1 and sign district 2 includes the total number of its building signs, each measured differently, according to the type of building identification sign, and varies according to building frontage (see following tables). Sign District 1 (SD 1), Allowable Building Identification Sign Area: The linear frontage of a building shall be measured in the same manner as that of a business, except that frontages shall not be delineated by inner divisions between tenant spaces. Building identification signs, unlike business signs, shall be allowed on building frontages without entrances, as long as that frontage parallels a major pedestrian or vehicular way. Allowed Total Building Frontage Sign Area 7- -FFF 7 10 feet - 49.99 feet FF 20 square feet 7 50 feet - 74.99 feet FF1 30 square feet �75 feet - 99.99 feet FF140 square feet 100 feet - 149.99 feet FF57o square feet 150 feet - 199.99 feet FFF56 square feet 7200 feet plus 'FF160 square feet W 3. Sign Districts 1 And 2, Types Of Building Identification Signs.- a. igns: a. Freestanding Signs: (1) Number. One freestanding sign per building frontage on a major pedestrian or vehicular way, with a maximum of two (2) freestanding signs per building. (2) Area: Freestanding building identification signs shall be subject to the total sign area requirements of the building frontage tables 0 listed previously and shall be measured according to the total sign area. (3) Height: No part of a freestanding building identification sign shall be higher than eight feet (8) above existing grade. (4) Special Provisions: Freestanding signs shall be placed on two (2) separate building facades facing pedestrian and vehicular ways and shall be subject to design review. A joint directory sign, though a type of freestanding sign, shall not count toward the total quantity of freestanding signs allowed. b. Wall Mounted Signs.- (1) igns: (1) Number. One sign per building frontage on a major pedestrian or vehicular way. A maximum of two (2) wall mounted building identification signs shall be allowed if a building has two (2) frontages as defined in these regulations. (2) Area: Wall mounted building identification signs shall be subject to the total sign area requirements of the building frontage tables listed previously, and shall be measured according to the size of the text only. (3) Height: No part of a wall mounted building identification sign shall be higher than twenty five feet (25) above existing grade. (4) Special Provisions: If using two (2) signs, signs shall be placed on two (2) separate frontages, subject to design review. Chapter 10 Variances and Appeals (in part) 11-10-1: VARIANCES.- A. ARIANCES: A. Purpose: A variance from the sign regulations constitutes relief from the strict interpretation of the standards and may be granted by the planning and environmental commission (PEC) in cases where there exists a physical limitation that prevents the existence, placement, or operation of a sign in compliance with the standards of this title. B. Application Procedure: An application for a variance from the sign regulations may be obtained from the community development department. The variance application must include a sign permit application, the applicant's reasons for requesting a variance, and a nonrefundable fee determined by the town council as set forth by town ordinances. The staff shall set a date for a hearing before the planning and environmental commission once the 5 V. VI complete application has been received. C. Criteria For Approval: 1. Special circumstances or conditions must exist that apply to the land, buildings, topography, vegetation, sign structures, or other matters on adjacent lots or within the adjacent right of way, that would substantially restrict the effectiveness of the sign in question. However, such circumstances must be unique to the subject site. 2. The applicant shall not have created the circumstances that have necessitated the variance request. 3. The applicant must demonstrate that the granting of the variance will be in general harmony with the purposes of this title. SITE ANALYSIS Vail Golf Course Clubhouse Address: 1775 Sunburst Drive Legal Description: Sunburst Filing 3, Lot 3 Zoning: Outdoor Recreation District Land Use Designation: Park Mapped Geological Hazards: High Severity Rockfall Lot Area: 90.75 acres (+/- 3,995,070 sq.ft.) SURROUNDING LAND USES AND ZONING Existing Use North: 1-70 South: Residential West: Residential East: Residential VII. REVIEW CRITERIA Zoning District n/a Single Family District and SDD #24 Low Density Multiple Family District Two -Family Primary/Secondary District The review criteria for a variance request are prescribed in Chapter 11-10-1, Variances, Vail Town Code, and are as follows: 1. Special circumstances or conditions must exist that apply to the land, buildings, topography, vegetation, sign structures, or other matters on adjacent lots or within the adjacent right of way, that would substantially restrict the effectiveness of the sign in question. However, such circumstances must be unique to the subject site. In order for a sign variance to be granted, there must be a physical limitation that prevents the placement of a sign in compliance with the standards of the sign 31 regulations. In contrast to most properties and buildings located within Sign District 1, the Vail Golf & Nordic Clubhouse is a large parcel with the clubhouse setback considerably from the Town right-of-way. As such, the proposed placement of the primary Building Identification Sign at a maximum height of 30'-4" is appropriate and necessary. This sign's size and location provide the public with an easily read copy from Sunburst Drive at a distance of 125'. The proposal to exceed the allowable Business Identification Sign of six (6) square feet is necessary and prudent due to its location and context. The proposed twelve (12) square foot sign is to be located along the east fagade and identify the business entrance for the "Grill on Gore" food concessionaire. It is important that this sign be legible for golfers exiting the course from the 18th green at a distance of over 100'. Staff finds that special circumstances exist, namely the proximity of the signage to the viewer, warranting relief from the provisions of the sign regulations governing the subject location. As such, this criterion is met. 2. The applicant shall not have created the circumstances that have necessitated the variance request. The circumstances necessitating the variance request are the functionalities of a golf course and clubhouse. The Vail Sign Regulations for Sign District 1, most applicable to the pedestrian oriented villages do not contemplate this type of use. As such, this criterion is met. 3. The applicant must demonstrate that the granting of the variance will be in general harmony with the purposes of this title. The granting of the requested variance is in general harmony with the general or specific purposes of Title 11, Sign Regulations, Vail Town Code. Specifically, the approval of the proposed signs would be consistent with promoting the health, safety, morals, and general welfare of the Town of Vail by informing residents and guests to the location and operation of the Vail Golf and Nordic Clubhouse and its concessionaire. As such, this criterion is met. VIII. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions, of a variance from Section 11-6-3: Business Signs and Section 11-6-4: Building Identification Signs, Vail Town Code, pursuant to Section 11-10-1: Variances, Vail Town Code, to allow for a Business Sign in excess of six (6) square feet and a wall mounted Building Identification Sign to be placed higher than twenty five feet (25') above existing grade, located at 1775 Sunburst Drive (Vail Golf & Nordic Clubhouse) / Lot 3, Sunburst 7 Filing 3, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the testimony presented. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, the applicants' request for a variance from Section 11-6-3: Business Signs and Section 11-6-4: Building Identification Signs, Vail Town Code, pursuant to Section 11-10-1: Variances, Vail Town Code, to allow for a Business Sign in excess of six (6) square feet and a wall mounted Building Identification Sign to be placed higher than twenty five feet (25) above existing grade, located at 1775 Sunburst Drive (Vail Golf & Nordic Clubhouse) / Lot 3, Sunburst Filing 3, and setting forth details in regard thereto.. " Conditions.- 1. onditions: 1. Approval of this sign variance is contingent upon the applicant obtaining Town of Vail approval of an associated design review application, and Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission makes the following findings: 'Based upon a review of Section Vll of the August 8, 2016 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds.- Special inds: Special circumstances or conditions exist that apply to the land, buildings, topography, vegetation, sign structures, or other matters on adjacent lots or within the adjacent right of way, that would substantially restrict the effectiveness of the sign in question,- 2. uestion, 2. The applicant has not created the circumstances that have necessitated the variance request; and 3. The applicant has demonstrated that the granting of the variance will be in general harmony with the purposes of this title. IX. ATTACHMENTS A. Vicinity Map B. Applicant's Sign Packet Proposal D Or t.r t - Y 4 i j f 1 y i a) co O U m SNIONIdAYM 13DYNDIS ltldIOINOW 11YA d0 NMOI E 3 In In � E E —--—¢ In o to E Z vi ® � Eli RE L CL / E 3 In In � E E —--—¢ In o 3 r p ¢ E Z vi U m SNIONIdAYM 13DYNDIS ltldIOINOW 11YA d0 NMOI r, 10 NMO! of --- Eli ora zzooE - 1 t 1 l M i I I U m 9NIONIdAYM 13DYNDIS ltldl01Nnw 11VA d0 NMOl rT jO NMOL - ® � Eli RE U m SNIONIdAYM 13DYNDIS ltldI01NOW 11YA d0 NMOl r s 10 NMOL N --- � E r cc d a� ::.E.;. y d o U m SNIONIdAYM 13DYNDIS ltldIOINOW 11VA d0 NMOl r, 10 NMO! Uw �w o O � O di. e� wg d1l g di. 7 wg di. 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E 1 3 — 3 io U : mmm,#m#,mgilVd 2rw11# £ m& 3 B. c; 2 f„ _ � Eli \ \\ E . � � U m SNIONIdAYM 13DYNDIS ltldl01Nnw 11VA d0 NMOl of --- _ ® � Eli RE _ U : mmm,#m#,mgilVd 2rw11# £ m& (a � \\ \� Eli .��, . j a/ \ 7)\ TOWN OF VA110 VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO MEETING DATE: August 8, 2016 ITEM/TOPIC: A request for a major amendment to SDD No. 24, Warner Development, pursuant to Section 12- 9A-10, Amendment Procedures, Vail Town Code to remove Section 5, Item 3 requiring the pool area on Lot 4 to be permanently restricted to a pool, from the conditions of approval within Ordinance No. 11, Series of 1990, located at 1825 Sunburst Drive/Lot 4, Vail Valley Filing 3, and setting forth details in regard thereto (PEC16-0027). ATTACHMENTS: File Name Description PEC16-0027_SDD_No_24 Major_Amendment Memo.pdf Staff Memo to PEC PEC16- Attachment B - Project Narrative & 0027_SDD_No 24 Major_Amendment Plans Narrative (Exhibit B).pdf Floor Plans 0) TOWN OF VAIL Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 8, 2016 SUBJECT: A request for a major amendment to SDD No. 24, Warner Development, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code to remove Section 5, Item 3 requiring the pool area on Lot 4 to be permanently restricted to a pool, from the conditions of approval within Ordinance No. 11, Series of 1990, located at 1825 Sunburst Drive/Lot 4, Vail Valley Filing 3, and setting forth details in regard thereto (PEC16- 0027). Applicant: Deborah Webster, represented by Current Architects Planner: Matt Panfil SUMMARY The applicant, Deborah Webster, represented by Michael Current of Current Architects, is requesting a recommendation to the Vail Town Council for a major amendment to Special Development District (SDD) No. 24, Warner Development, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to remove Section 5, Item 3 requiring the pool area on Lot 4 to be permanently restricted to a pool, from the conditions of approval within Ordinance No. 11, Series of 1990, located at 1825 Sunburst Drive. Based upon staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission (PEC) forward a recommendation of approval of the major amendment to SDD No. 24, Warner Development, subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Deborah Webster, represented by Michael Current of Current Architects, is requesting a major amendment to SDD No. 24, Warner Development, to remove the Section 5 Item 3 from Ordinance No. 11, Series of 1990. Item 3 states: 3. The pool area on Lot 4 shall be permanently restricted to a pool. A declaration shall be filed of record in the office of the Eagle County Clerk and Recorder in a form approved by the Town Attorney. According to the applicant, the pool restriction has complicated the process of selling the property. An ordinance, generally containing the following, will be provided to the Town Council for first reading: Ordinance No. 11, Series of 1990, is hereby amended to delete Section 5, Item 3 related to pool restrictions, as illustrated: A vicinity map (Attachment A) and a project narrative with floor plans (Attachment B) are attached for review. III. BACKGROUND At their meeting on March 12, 1990, the PEC voted unanimously 7-0 to recommend that the Town Council deny the request to establish SDD No. 24, Warner Development. According to the minutes, the rationale behind the PEC's recommendation of denial was that it felt any site planning or design aspects of the proposal could be accomplished under the existing zoning regulations and that the request for an SDD was an attempt to circumvent the underlying Two -Family Primary / Secondary Residential District standards in regards to site coverage and gross residential floor area (GRFA) for Lot 4 by offering three (3) employee housing units (EHUs) as a concession for the requested density increases. At the April 3, 1990, Vail Town Council meeting, the applicant, Mr. Robert Warner, stated that due to his wife's chronically bad back, her doctor prescribed daily swimming as treatment. Mr. Warner argued that it was this need for a pool that required GRFA beyond what was permitted by the underlying zoning. The Town Council voted to approve SDD No. 24, with the condition that the pool area be permanently restricted to use as a pool, because they believed the offer to provide three (3) EHUs, one (1) EHU at each of the three (3) lots within the SDD, was a Town of Vail Page 2 benefit to the Town. Therefore Section 4-D-2 of Ordinance No. 11, Series of 1990 allowed Lot 4 a maximum of 5,500 square feet of GRFA. In 2004, changes were made to the Vail Town Code with regard to the calculation of GRFA resulting in the subject property having an excess amount of allowable GRFA. The applicant contends that this excess amount of allowable GRFA precludes the necessity of the pool restriction. While the applicant has also investigated the possibility of further amending the SDD to remove the EHU deed restriction, they have opted not to make such a request at this time due to the Town's ongoing revisions to employee housing requirements. Taking a holistic view of SDD No. 24, Warner Development, staff encouraged the applicant to consult with the adjacent properties within SDD No. 24 to consider a request to repeal it in its entirety. This would eliminate the need for any future major amendments to the SDD in order to allow for GRFA that would now be permitted by the underlying zoning district, rather than the more restrictive language of the SDD. At this time, the applicant is only requesting the major amendment regarding the pool restriction. IV. APPLICABLE PLANNING DOCUMENTS Staff finds that the following provisions of the Vail Town Code are relevant to the review of this proposal: Title 12 — Zoning Regulations, Vail Town Code Chapter 1— Title, Purpose, and Applicability (in part) 12-1-2: PURPOSE.- A. URPOSE: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes.- Town urposes: Town of Vail Page 3 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Chapter 9 — Special and Miscellaneous Districts (in part) 12-9A-1: PURPOSE AND APPLICABILITY. A. Purpose: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use, to improve the design character and quality of the new development with the town, to facilitate the adequate and economical provision of streets and utilities, to preserve the natural and scenic features of open space areas, and to further the overall goals of the community as stated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone Town of Vail Page 4 district, shall establish the requirements for guiding development and uses of property included in the special development district. B. Applicability: Special development districts do not apply to and are not available in the following zone districts: hillside residential, single-family residential, two-family residential and two-family primary/secondary residential. 12-9A-2: DEFINITIONS.- MAJOR EFINITIONS: MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW): Any proposal to change uses, increase gross residential floor area, change the number of dwelling or accommodation units, modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this section), except as provided under section 12-15-4, "Interior Conversions", or 12- 15-5, "Additional Gross Residential Floor Area (250 Ordinance) ", of this title. 12-9A-10: AMENDMENT PROCEDURES.- B. ROCEDURES: 8. Major Amendments.- Requests mendments: Requests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in section 12-9A-4 of this article. 2. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the special development district, and owners of all property within the special development district that may be affected by the proposed amendment (as determined by the department of community development). Notification procedures shall be as outlined in subsection 12-3-6C of this title. V. ZONING / SDD NO. 24 ANALYSIS Address: 1825 Sunburst Drive Legal Description: Vail Valley Filing 3, Lot 4 Existing Zoning: Two -Family Primary / Secondary Residential Existing Land Use Designation: Low Density Residential Mapped Geological Hazards: High Severity Rock Fall & Moderate Hazard Debris Flow Town of Vail Page 5 Standard Allowed / Required Existing Proposed Site Area Min. 15,000 sq ft 16,216 sq ft No Change Site Coverage Max. 3,726 sq ft 3,726 sq ft No Change Setbacks Front: 20' Rear: 15' Sides: 15' Per Site Plan No Changes Height 33' (sloping roof) Per Elevations No Change GRFA 5,500 sq ft* 5,242 sq ft No Change Density 1 primary/secondary structure per lot 1 primary/secondary structure No Change Landscaping Per Landscape Plan Per Landscape Plan No Change Parking Min. 5 paces 5 spaces No Change * Based on existing Town Code, the underlying Two -Family Primary / Secondary Residential District would allow a maximum GRFA of 6,713 square feet. VI. SURROUNDING LAND USES AND ZONING Existing Land Use Zoning District North: Park Outdoor Recreation East: Low Density Residential Two -Family Primary/Secondary Residential South: Low Density Residential Two -Family Primary/Secondary Residential West: Low Density Residential Two -Family Primary/Secondary Residential VII. SPECIAL DEVELOPMENT DISTRICT AMENDMENT REVIEW CRITERIA Before acting on a major amendment to a special development district application, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the proposed amendment: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The proposal involves only the potential reuse of existing interior space and would not impact the neighborhood or adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity, or orientation. Staff finds the proposal complies with this criterion. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Town of Vail Page 6 The proposal involves only the potential reuse of existing interior space from a single -use, swimming pool, to general residential space. The swimming pool area is already included within the existing GRFA calculations. Should the owner of the structure wish to use the swimming pool area for any use other than that permitted by Section 12-6D of the Vail Town Code, a separate amendment shall be required. Staff finds the proposal complies with this criterion. 3. Parking and Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. The proposal does not include any changes affecting parking and loading requirements. Staff finds the proposal complies with this criterion. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Staff has reviewed the Vail Comprehensive Plan, town policies, and urban design plans and found the following documents and associated goals, objectives, and statements applicable to this proposal: Vail Land Use Plan (in part) 1. General Growth/ Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. Town of Vail Page 7 The proposal to allow for the reuse of the swimming pool space occurs within existing GRFA and will allow for potential future upgrades to the space. Staff finds the proposal complies with this criterion. 5. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. The subject property is located within a high severity rock fall area and a moderate hazard debris flow area. The geological hazard report submitted with the request for SDD No. 24, Warner Development, accounted for these sensitive areas and provided debris -flow mitigation. As there are no proposed changes to the site plan or exterior alterations, no additional mitigation is required. Staff finds the proposal complies with this criterion. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The proposal does not include any changes to the site plan, building design or location, or open space provisions. Staff finds the proposal complies with this criterion. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. The proposal involves only the potential reuse of existing interior space and does not alter or impact vehicular or pedestrian circulation on or off site. Staff finds the proposal complies with this criterion. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The proposal does not include any changes to the landscaping or open space on the site. Staff finds the proposal complies with this criterion. Town of Vail Page 8 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. As there are no exterior alterations associated with the proposal, a revised development plan is not necessary. Staff finds the proposal complies with this criterion. VIII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Town Council of a major amendment to Special Development District No. 24, Warner Development, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to remove Section 5, Item 3 requiring the pool area on Lot 4 to be permanently restricted to a pool, from the conditions of approval within Ordinance No. 11, Series of 1990, located at 1825 Sunburst Drive / Lot 4, Vail Valley Filing 3, and setting forth details in regards thereto. Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Town Council for a major amendment to Special Development District No. 24, Warner Development, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to remove Section 5, Item 3 requiring the pool area on Lot 4 to be permanently restricted to a pool, from the conditions of approval within Ordinance No. 11, Series of 1990, located at 1825 Sunburst Drive/Lot 4, Vail Valley Filing 3, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section Vll of the Staff memorandum to the Planning and Environmental Commission dated August 8, 2016 and the evidence and testimony presented, the Planning and Environmental Commission finds.- Town inds: Town of Vail Page 9 1. That the special development district amendment complies with the standards listed in Article 12-9A, Special Development District, or that a practical solution consistent with the public interest has been achieved; 2. That the special development district amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town,- 3. own, 3. That the special development district amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas, and 4. That the special development district amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." 5. As a result of the 2004 changes to GRFA calculations, the subject property complies with current GRFA regulations. IX. ATTACHMENTS A. Vicinity Map B. Project Narrative with Floor Plans, dated July 11, 2016. Town of Vail Page 10 CURRENT ARCHITECTS AND ASSOCIATES Minor Amendment to SDD #24 Deborah Webster 1825 Sunburst Drive Vail, CO 81657 Vail Valley 3rd Filing, Lot 4 Parcel # 2101-091-03-010 Project Narrative: Ms Webster is in the process of selling her home located at 1825 Sunburst Drive. SDD #24 ratified as part of the development of Vail Valley Filing Lots 3, 4, and 5, placed several restrictions on the subject property that some potential buyers are finding problematic. For the purposes of this application, this includes Section 5, Item 3 of SDD #24: "The pool area on Lot 4 shall be permanently restricted to a pool. A declaration shall be filed of record in the office of the Eagle County Clerk and Recorder in a form approved by the Town Attorney." Given the current methods of calculating Gross Residential Floor Area (GRFA) within the Town of Vail and the underlying zoning of adjacent properties (Two -Family Primary/Secondary), the subject property has an excess of allowable GRFA remaining for development that should preclude the necessity of this restriction being placed on the property. Therefor we request that it be struck from the original ordinance. A potential additional request to remove the EHU deed restriction placed on the property is also being investigated. Because of the on-going revisions being made to Employee Housing Requirements with the Town of Vail, we are uncertain of the viability of this request, so at this time we are just requesting the removal of the pool restriction. We will work with our client, the Town of Vail Housing Manager, and Community Development to ascertain whether the additional request to remove the EHU deed restriction will be sought. Current Architects and Associates Postal Box 5293 Vail, Colorado 81657 970.331.6345 CURRENTARCHITECTS.COM N ,o�,�d, S1�311H�21b' oavao�oo'�ivn 3niaa LsaneNns azs� 30N341S3b b31S93M o�� N � 0 � __ m 11V�aal IJ 11 lo o r o C) N O U ww o oLijQ W �LL U x - w-wxo �oam x.. - u �21Z Nm= of <ua>a8. 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ATTACHMENTS: File Name PEC 16-0024_GRFA_Memo. pdf Description PEC 16-0024 GRFA Staff Memo TOWN OF Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 8, 2016 SUBJECT: A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-15-3, Definition, Calculations, and Exclusions, Vail Town Code concerning the definition of Gross Residential Floor Area (GRFA) and setting forth details in regard thereto (PEC16-0024). Applicant: Town of Vail Planner: Chris Neubecker I. SUMMARY This is a proposal to clarify the text of Section 12-15-3 Definition, Calculation, and Exclusions, Vail Town Code, relating to how gross residential floor area (GRFA) is calculated in basements in the following zone districts: Hillside Residential (HR), Single - Family Residential (SFR), Two -Family Residential (R), and Two -Family Primary Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple -Family (LDMF), Medium Density Multiple -Family (MDMF), High Density Multiple -Family (HDMF), Housing (H), and Vail Village Townhouse (VVT) Based upon staff's review of the criteria outlined in Section IX of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of denial to the Vail Town Council for the proposed Prescribed Regulations Amendment. Alternatively, the Community Development Department recommends a recommendation of approval of Option #2 as discussed further in the staff memo. II. DESCRIPTION OF REQUEST This is a request for a recommendation to the Vail Town Council to clarify Section 12-15- 3 of the Vail Town Code concerning gross residential floor area (GRFA) and the allowable basement deduction. The purpose of these amendments is to clarify the Town Code in response to a decision by the Planning and Environmental Commission concerning an appeal of an administrative determination. These amendments will clarify that, for the purposes of determining the basement area GRFA exclusion, each dwelling unit is considered a separate structure, and each structure is allowed its respective GRFA basement exclusion. This language will codify the interpretation and decision of the Planning and Environmental Commission, which is different from the way that the Community Development Department has applied this portion of the code. As currently written, the Vail Town Code states that: (6) Basements: On the lowest level of a structure, the total percentage of all exterior wall surfaces of the structure as a whole (interior party walls are not considered exterior walls for the purposes of this section) that are unexposed and below existing or finished grade, whichever is more restrictive, shall be the percentage of the horizontal area of the lowest level deducted from the GRFA calculations. The percentage deduction calculations shall be rounded to nearest whole percent. The lowest level exterior wall surface area shall be measured from the finished floor elevation of that level to the underside of the structural floor members of the floor/ceiling assembly above. For the purposes of these calculations, retaining walls and site walls shall not be considered part of the lowest level exterior walls. The deduction shall be applied to all horizontal areas on the lowest level of a structure, including garages and employee housing units also deducted from the calculation of GRFA elsewhere in this title, but the deduction does not apply to any crawl space or attic. The following new sentences are proposed to be added to this section of the code. (Note: Only new language is shown here. Please see Section V below to show the context of these sentences. For the purpose of the GRFA exclusions, each dwelling unit shall be considered a separate structure, and each structure shall have its respective lowest level. The percentage of exterior wall surfaces that are unexposed and below existing or finished grade applies to each unit separately; the percentage is unique to each unit and is applied to the horizontal floor area of the same unit. The lowest level shall include all floor levels of a structure within six (6) vertical feet higher than the finished floor with the lowest U.S.G.S. elevation. Floor areas within six (6) vertical feet do not need to be contiguous to the floor area with the lowest U.S.G.S. elevation in order to qualify for the basement GRFA exclusion. The unexposed and below existing grade percentage of any party wall is determined by the existing grade at the party wall. In addition to the new language shown above, language is proposed for removal from the code, or proposed to be relocated within this section. The Planning and Environmental Commission requested these changes. The previously proposed code amendments applied only to properties in the Hillside Residential (HR), Single-family Residential (SFR), Two-family Residential (R), and Two- family Primary Secondary Residential (PS) Districts. The Community Development Town of Vail Page 2 Department recommends additional changes within other zone districts to ensure consistency and fairness among land uses and structure types. As a result, we have proposed the same code changes within the Residential Cluster (RC), Low Density Multiple -Family (LDMF), Medium Density Multiple -Family (MDMF), High Density Multiple - Family (HDMF), Housing (H), and Vail Village townhouse (VVT) districts. III. BACKGROUND During the Planning and Environmental Commission (PEC) meeting of May 23, 2016, the Commission overturned an administrative decision on an appeal (TC16-0004) concerning the exclusion of GRFA within a basement under each dwelling unit in the Primary/Secondary zone district. The Commission determined that staff incorrectly interpreted the Town Code relating to the GRFA exclusion on the lowest levels in a two- family dwelling. As a result of this decision, for the purposes of calculating GRFA, each dwelling unit in a two-family dwelling is considered a separate structure, and each structure has its own lowest level, and thereby may qualify for its respective GRFA lowest level exclusion. On June 7, 2016 the Town Council reviewed the minutes of the PEC meeting of May 23, 2016. The Council did not call-up the PEC decision, but some Council members expressed concern with making significant changes to the GRFA policy. The Council wanted to allow the PEC and staff time to work through the issues raised during the appeal. On June 13, 2016, the PEC reviewed a number of options for clarifying the code. The PEC directed staff to move forward with the proposed code amendments, listed as Option #1 in the staff memo of June 13, 2016. As a work session, there was not a formal motion or vote. Option #1 (from June 13, 2016 meeting) included adding the following sentence to the existing code: "For the purposes of basement GRFA exclusions only, each dwelling unit shall be considered a separate structure, and each structure shall have its own lowest level." No other changes were proposed at the time. On June 27, 2016 the PEC began formal review of this application. The Commission supported measuring each unit in a duplex separately. The Commission had mixed reactions to measuring the grade at a party wall compared to the entire perimeter of the duplex structure. Some Commissioners also supported allowing a step in the lowest level, based on past interpretations of the Town Code, which is not currently codified. During the PEC/DRB update on August 2, 2016, some members of the Town Council reiterated concerns over making significant changes to the Town Code relating to GRFA. IV. APPLICABLE PLANNING DOCUMENTS Title 12 — Zoning Regulations, Vail Town Code Town of Vail Page 3 Section 3-7 Amendment (in part) A. Prescription: The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. B. Initiation.- 1. nitiation:1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. V. PROPOSED TEXT AMENDMENTS The current proposal is intended to clarify the existing code language, but does not seek to address all issues relating to GRFA, which is a much larger project that may not be supported by all members of the Town Council at this time. As a result, staff has prepared three options. These include: Option #1 — This option includes significant code changes that have been previously presented and discussed by the Planning and Environmental Commission. Staff believes these changes are problematic. The Community Development Department does not recommend this option. Option #2 — A simplified solution, which allows for a six (6) foot step within a structure, or between structures. This option is recommended by the Community Development Department. Option #3 - No action. The Community Development Department does not recommend this option. Town of Vail Page 4 (New code language is shown in bold. Language proposed for removal is shown in striLothrei irrh ) Option #1 Section 12-15-3: Definition, Calculation, and Exclusions: A. Within the hillside residential (HR), single-family residential (SFR), two-family residential (R), and two-family primary/secondary residential (PS) districts: 1 a (6) Basements: For the purpose of calculating the basement GRFA exclusions, each dwelling unit shall be considered a separate structure, and each structure shall have its lowest level. The lowest level shall be the finished floor level with the lowest U.S. G.S. elevation, including all floor levels within six (6) vertical feet of the lowest level. On the lowest level of a st uGt„ro the total percentage of all exterior wall surfaces of the structure as a whole (interior ally wa#s oro not nonsideFe l e4er4or wa#s for the n, i pesos of this seGtieP that are unexposed and below existing or finished grade, whichever is more restrictive, shall be the percentage of the horizontal area of the lowest level deducted from the GRFA calculations. The percentage of exterior wall surfaces that are unexposed and below existing or finished grade applies to each unit separately; the percentage is unique to each unit and is applied to the horizontal floor area of the same unit. The nornont ge ded intinn nolo, lotions shell be rounded to nearest whole nornont The lowest level exterior wall surface area shall be measured from the finished floor elevation of that level to the underside of the structural floor members of the floor/ceiling assembly above. The unexposed and below existing grade percentage of any party wall is measured relative to the existing grade at the party wall. The percentage deduction calculations shall be rounded to nearest whole percent. For the purposes of these calculations, retaining walls and site walls shall not be considered part of the lowest level exterior walls. The deduction shall be applied to all horizontal areas on the lowest level of a structure, including garages and employee housing units also deducted from the calculation of GRFA elsewhere in this title, but the deduction does not apply to any crawl space or attic. B. Within the residential cluster (RC), low density multiple -family (LDMF), medium density multiple -family (MDMF), high density multiple -family (HDMF), housing (H), and Vail Village townhouse (VVT) districts: 1 a (7) Basements: For the purpose of calculating the basement GRFA exclusions, each dwelling unit shall be considered a separate structure, and each structure shall have its lowest level. The lowest level shall be the finished floor level with the lowest U.S. G.S. elevation, including all floor levels within six (6) vertical feet of the lowest level. On the lowest level of a st uGt„ro the total percentage of all exterior wall surfaces of the structure as a whole (interior ally wa#s oro not nonsideFe l e4er4or ,^,a#s for the wpesos of this eGti„n4 that are unexposed and below existing or finished grade, whichever is more restrictive, shall be the percentage of the horizontal Town of Vail Page 5 area of the lowest level deducted from the GRFA calculations. The percentage of exterior wall surfaces that are unexposed and below existing or finished grade applies to each unit separately; the percentage is unique to each unit and is applied to the horizontal floor area of the same unit. The per-Geptage dod,,,.+;,,� GaIGulations droll be ,Funded to poorest M4ele eF-Gent The lowest level exterior wall surface area shall be measured from the finished floor elevation of that level to the underside of the structural floor members of the floor/ceiling assembly above. The unexposed and below existing grade percentage of any party wall is measured relative to the existing grade at the party wall. The percentage deduction calculations shall be rounded to nearest whole percent. For the purposes of these calculations, retaining walls and site walls shall not be considered part of the lowest level exterior walls. The deduction shall be applied to all horizontal areas on the lowest level of a structure, including garages and employee housing units also deducted from the calculation of GRFA elsewhere in this title, but the deduction does not apply to any crawl space or attic. Option #2 (New code language is shown in bold. Language proposed for removal is shown in o+riLo+h r�i irrh ) Section 12-15-3: Definition, Calculation, and Exclusions: A. Within the hillside residential (HR), single-family residential (SFR), two-family residential (R), and two-family primary/secondary residential (PS) districts: 1 a (6) Basements: On the lowest level of a structure, the total percentage of all exterior wall surfaces of the structure as a whole (interior party walls are not considered exterior walls for the purposes of this section) that are unexposed and below existing or finished grade, whichever is more restrictive, shall be the percentage of the horizontal area of the lowest level deducted from the GRFA calculations. The lowest level shall be the finished floor level with the lowest U.S. G. S. elevation, including all floor levels within six (6) vertical feet of the lowest level. The percentage deduction calculations shall be rounded to nearest whole percent. The lowest level exterior wall surface area shall be measured from the finished floor elevation of that level to the underside of the structural floor members of the floor/ceiling assembly above. For the purposes of these calculations, retaining walls and site walls shall not be considered part of the lowest level exterior walls. The deduction shall be applied to all horizontal areas on the lowest level of a structure, including garages and employee housing units also deducted from the calculation of GRFA elsewhere in this title, but the deduction does not apply to any crawl space or attic. B. Within the residential cluster (RC), low density multiple -family (LDMF), medium density multiple -family (MDMF), high density multiple -family (HDMF), housing (H), and Vail Village townhouse (VVT) districts: Town of Vail Page 6 1 a (7) Basements: On the lowest level of a structure, the total percentage of all exterior wall surfaces of the structure as a whole (interior party walls are not considered exterior walls for the purposes of this section) that are unexposed and below existing or finished grade, whichever is more restrictive, shall be the percentage of the horizontal area of the lowest level deducted from the GRFA calculations. The lowest level shall be the finished floor level with the lowest U.S. G. S. elevation, including all floor levels within six (6) vertical feet of the lowest level. The percentage deduction calculations shall be rounded to nearest whole percent. The lowest level exterior wall surface area shall be measured from the finished floor elevation of that level to the underside of the structural floor members of the floor/ceiling assembly above. For the purposes of these calculations, retaining walls and site walls shall not be considered part of the lowest level exterior walls. The deduction shall be applied to all horizontal areas on the lowest level of a structure, including garages and employee housing units also deducted from the calculation of GRFA elsewhere in this title, but the deduction does not apply to any crawl space or attic. Option #3 This is a "No Action" alternative. The Community Development Department does not recommend this option. VI. DISCUSSION ITEMS Tenets of GRFA (Option #1) In order to help explain how GRFA will be measured and calculated for the basement level GRFA exclusion, the following basic tenets shall apply. 1. Analysis of each unit is independent of the other unit (each unit is considered its own structure for the purposes of measuring GRFA) 2. Each unit has its own lowest level, independent of the other unit 3. The lowest level shall be the finished floor level with the lowest U.S.G.S. elevation, including all floor levels within six (6) vertical feet of the lowest level Portions of the lowest level within six (6) vertical feet do not necessarily need to be contiguous. 4. Lowest level is the lowest finished floor elevation, excluding crawl space 5. A garage may be the lowest level of the unit 6. The unexposed and below existing grade percentage of any party wall is measured relative to existing grade. 7. Exterior walls are measured to existing or finished grade, whichever is more restrictive 8. The percentage of exterior wall surfaces that are unexposed and below existing or finished grade applies to each unit separately; the percentage is unique to each unit and is applied to the horizontal floor area of the same unit. Town of Vail Page 7 These tenets are reflected in the proposed policy. As staff continues to research the issues relating to GRFA and measuring each unit as a separate structure, more concerns and potential problems with this methodology arise. Many of these issues stem from the treatment of a property as one development site for most development standards, but measuring GRFA separately for the purposes of the basement GRFA exclusion. The development standards were developed based on the premise of one development site with one structure, including measurements for GRFA, setbacks, site coverage, landscaping, and other development standards. Measuring duplexes as separate structures may lead to future problems, some of which can be anticipated, but others that have not yet been identified. Below are some of staff's concerns, with some of the pros and cons that staff has identified. Option #2 listed above, and discussed in the Section VIII Pros and Cons, eliminates some of these concerns, but would still allow a step of up to six (6) feet. This step could be within a unit, or between units, but only floor areas within six (6) feet of the lowest level of the structure would be eligible for the GRFA basement exclusion. VII. CONCERNS The proposed code amendments began with the intent of clarifying that each dwelling unit is considered its own structure for only purposes of the GRFA basement exclusion. However, as additional changes are proposed in response to new concerns, this code update has started to become a policy change, rather than a clarification. 1. The proposed change is a policy change, not a clarification The proposed changes result in a fundamental change to the GRFA policy. They are significant enough that the result will be a change in policy, and not a clarification of the policy. 2. Creation of nonconformities The adoption of this policy will result in the creation of nonconforming properties. Since each property in town has its own topography and site issues, determining the impacts across the community can not be fully determined without significant research into individual properties. In addition, this policy will change the expectations of GRFA and development rights, as the policy will be different from past decisions. 3. Impacts on multiple family and townhome properties The proposed change will result in a significant deviation from the historical approach to GRFA on multi -family and townhome style developments. This deviation will result in an inconsistent approach to otherwise uniform properties. Town of Vail Page 8 4. Measuring party walls In a two-family dwelling, the units share a common wall (party wall), and when that party wall is in a basement, there may be no exterior grade adjacent to the wall surface if the basement of the adjacent unit is on the other side of the party wall. For measurement purposes, the existing pre -development grade at the party wall should be measured as an exterior wall surface for each dwelling unit. With this proposed additional sentence, "The unexposed and below existing grade percentage of any party wall is measured relative to the existing grade at the party wall" each dwelling unit can be measured as its own structure, with its respective GRFA basement exclusion. Without this sentence, it would be unclear how the party wall would factor into the basement GRFA equation, and how to calculate the GRFA exclusion. If additional clarity is needed to address redevelopment, where the existing grade has been previously altered, an additional sentence could be added. In such case, the following sentence is suggested: "On redevelopment sites, or any site where existing grade has been significantly altered, a pre -development natural grade may be used, subject to review and approval of the design review board." 5. Multiple Lowest Levels The proposed language clarifies that the lowest level is the finished floor level with the lowest U.S.G.S. elevation, including all floor levels within six (6) vertical feet above the lowest level. Portions of the lowest level within six (6) vertical feet do not necessarily need to be contiguous. The lowest level may include the garage, and in some case may include only the garage if the finished floor elevation of the garage is located at least six (6) feet lower than all other levels of the unit. A six (6) foot step has been used in practice in the development community and by planners as the cutoff for determining the same floor level. This proposal will codify this practice at a designated six (6) feet. This number roughly represents one-half story or less, where areas of a floor plan could still be considered part of the same floor level. 6. Conversion to Single -Family One of the intents of adopting GRFA limits on properties was to be a bulk and mass standard. By measuring duplexes the same as single family dwellings, there is an expectation that the GRFA would be the same if developed on the same lot, with the same floor plans and exterior design. As proposed, a duplex and single family home would not be treated the same. These text amendments could result in an inability to convert two-family dwellings to single-family dwellings in the future, if the conversion would create a single-family dwelling that is nonconforming due to GRFA. On a single- family dwelling, only the lowest level would be eligible for the GRFA exclusion; if two levels are within six (6) vertical feet, each level could be counted toward the exclusion. Stepped duplexes with different "lowest levels" within each unit will be eligible for GRFA exclusions, but these same floor areas may not be available for the GRFA exclusion Town of Vail Page 9 upon conversion to single-family. Conversions that create nonconforming structures are prohibited. VIII. PROS AND CONS Option Action Pros Cons Recommendation #1 Adopt code • Consistent with PEC • Nonconformities for Not as proposed direction and appeal; existing structures recommended • May lead to better • Change in policy, not just design on sloping lots clarification of policy • Provides clarity for • Need to measure party structures with more wall than one unit • Need to measure at step where no wall or grade exists • More complicated to explain and measure • May not be supported by Town Council • May prevent conversion from duplex to single family #2 Allow 6' step More flexibility in design • Harder to measure grade Recommended wall area at step • Wall and grade do not exist to measure • Which side of step to measure? (Upper or lower?) #3 Do nothing. Understandable by most • Inconsistent with direction Not Leave code in development from PEC recommended as written community • Does not solve issues • May be supported by raised in appeal Town Council • Does not provide clarity for structures with more than one unit IX. CRITERIA FOR REVIEW OF OPTION #1 Section 12-3-7(C)(2) of the Zoning Regulations identifies the criteria that the Planning and Environmental Commission must consider before making a recommendation for a change to the text of the code. These criteria include the following: Town of Vail Page 10 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The proposed text amendments are far beyond a clarification of the code, and have become a policy change. These changes may result in nonconformities for existing structures in the community, and will result in a code that is more difficult to understand and explain. Rather than making the code clear, these changes will complicate the measuring and explaining of GRFA and the basement exclusion calculation. Prior to the determination by the PEC on the appeal, the Community Development Department measured GRFA for a two-family dwelling as one structure. Due to the decision of the PEC to overturn the Administrative determination, text amendments are necessary to codify this interpretation and improve the clarity of the code. The changes proposed in Option #1 do not achieve this objective. These texts amendments fail to meet the following purposes of the zoning regulations: 12-1-2 A General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 12-1-2 B 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. Staff does not find this criterion to be met. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed text amendments are not compatible with the development objectives of the town. These changes will not establish clear and consistent language in the Vail Town Code. Following are some of the relevant goals of the Town's Comprehensive Plan: Town of Vail Page 11 • Goal #1: Vail will continue to manage growth, maintaining a balance between the bulk and mass of residential, commercial and recreational uses to ensure the quality, character, diversity and vitality of the town by ensuring that all regulatory and advisory land use documents are updated and current, providing ease of compliance and enforcement, and uniformity among regulatory and advisory documents. • Goal #3: Ensure fairness and consistency in the development review process. Staff does not find this criterion to be met. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Based on the decision of the PEC on March 23, 2016 concerning an appeal on this topic, conditions have substantially changed and the current regulations are no longer appropriate. As a result, a code clarification is needed. However, staff does not find that Option #1 provides clarity, and these changes may lead to further problems, some of which can not be fully identified at this time. As a result, staff does not find this criterion to be met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed text amendments do not provide clear terminology within the Vail Town Code so that regulations are consistent with municipal development objectives. As a result, staff does not find this criterion to be met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. CRITERIA FOR REVIEW OF OPTION #2 Section 12-3-7(C)(2) of the Zoning Regulations identifies the criteria that the Planning and Environmental Commission must consider before making a recommendation for a change to the text of the code. These criteria include the following: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Town of Vail Page 12 The proposed text amendment is intended to further the general and specific purposes of the zoning regulations by allowing a six (6) foot step within a structure, which allows more flexibility in design. This text amendment is necessary to codify the actual practice of the design community and staff, which has been in place for several years, and helps to improve the clarity of the code. This text amendment meets the following purposes of the zoning regulations: 12-1-2 A General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 12-1-2 B 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. Staff finds this criterion to be met. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed text amendments are compatible with the development objectives of the town. These changes will establish clear and consistent language in the Vail Town Code. Following are some of the relevant goals of the Town's Comprehensive Plan: • Goal #1: Vail will continue to manage growth, maintaining a balance between the bulk and mass of residential, commercial and recreational uses to ensure the quality, character, diversity and vitality of the town by ensuring that all regulatory and advisory land use documents are updated and current, providing ease of compliance and enforcement, and uniformity among regulatory and advisory documents. • Goal #3: Ensure fairness and consistency in the development review process. Staff finds this criterion to be met. Town of Vail Page 13 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Based on the decision of the PEC on March 23, 2016 concerning an appeal on this topic, conditions have substantially changed and the current regulations are no longer appropriate. Staff finds this criterion to be met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed text amendments provide clear terminology within the Vail Town Code so that regulations are consistent with municipal development objectives. As a result, staff finds this criterion to be met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. X. STAFF RECOMMENDATION Based upon the analysis of the review criteria contained in Section IX of this memorandum and on the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission make a recommendation to the Vail Town Council to deny the proposed Prescribed Regulations Amendment to Section 12-15-3: Definition, Calculation, and Exclusions. If the Planning and Environmental Commission chooses to recommend denial of the proposed text amendments, the Community Development Department recommends the following motion: "The Planning and Environmental Commission forwards a recommendation of denial of the Vail Town Council for Prescribed Regulations Amendments to Section 12-15-3: Definition, Calculation, and Exclusions, Vail Town Code relating to how gross residential floor area (GRFA) is calculated in relation to basements and setting forth details in regard thereto. (PEC16-0024)." Should the Planning and Environmental Commission choose to forward a recommendation of denial to the Vail Town Council for the proposed Prescribed Regulation Amendment, the Community Development Department recommends the Commission makes the following findings: Town of Vail Page 14 'Based upon the review of the criteria outlined in Section IX of this memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. That the amendments are not consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is not compatible with the development objectives of the town, and 2. That the amendments do not further the general and specific purposes of the zoning regulations, and 3. That the amendments do not promote 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. Based upon the analysis of the review criteria contained in Section IX of this memorandum and on the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission make a recommendation to the Vail Town Council to approve Option #2 of the proposed Prescribed Regulations Amendment to Section 12-15-3: Definition, Calculation, and Exclusions. If the Planning and Environmental Commission chooses to recommend approval of Option #2 of the proposed text amendments, the Community Development Department recommends the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for Prescribed Regulations Amendments to Section 12-15-3: Definition, Calculation, and Exclusions, Vail Town Code relating to how gross residential floor area (GRFA) is calculated in relation to basements and setting forth details in regard thereto. More specifically, this motion is for the adoption of Option #2 as listed in Section V, Proposed Text Amendments, of the staff memo dated August 8, 2016 (PEC16-0024)." Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed Prescribed Regulation Amendment, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Section VI of this memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds.- Town inds: Town of Vail Page 15 4. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town, and 5. That the amendments further the general and specific purposes of the zoning regulations, and 6. That the amendments promote 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. If the Planning and Environmental Commission chooses to recommend approval of Option #1 of the proposed text amendments, the Community Development Department has prepared the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a Prescribed Regulations Amendment to Section 12-15-3: Definition, Calculation, and Exclusions, Vail Town Code relating to how gross residential floor area (GRFA) is calculated in relation to basements and setting forth details in regard thereto. More specifically, this motion is for the adoption of Option #1 as listed in Section V, Proposed Text Amendments, of the staff memo dated August 8, 2016 (PEC16-0024)." Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed Prescribed Regulation Amendment, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Section VI of this memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town, and 2. That the amendment furthers the general and specific purposes of the zoning regulations, and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Town of Vail Page 16 TOWN OF VA110 VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO MEETING DATE: August 8, 2016 ITEM/TOPIC: A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-13- 5, Employee Housing; Employee Housing Unit Deed Restriction Exchange Program, Section 12- 23-6, Commercial Linkage; Methods of Mitigation, and Section 12-24-6, InclusionaryZoning; Methods of Mitigation, Vail Town Code, concerning the payment of Fees in Lieu of providing Employee Housing and setting forth details in regard thereto (PEC16-0025). ATTACHMENTS: File Name Description PEC_Staff Memo Fee_in_Lieu_080816.pdf Staff Memo Fee in Lieu Fee_in_Lieu_Comparison_Matrix 080816.pdf Fee in Lieu Comparison Matrix rowN of�ai� Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 8, 2016 SUBJECT: A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-13-5, Employee Housing; Employee Housing Unit Deed Restriction Exchange Program (Exchange Porgram), Section 12-23-6, Commercial Linkage; Methods of Mitigation, and Section 12-24-6, Inclusionary Zoning; Methods of Mitigation, Vail Town Code, concerning the payment of Fees in Lieu of providing Employee Housing and setting forth details in regard thereto (PEC16-0025). Applicant: Town of Vail Planner: Alan J. Nazzaro, Housing Manager Jonathan Spence, Planner I. SUMMARY Upon recommendation from the Vail Local Housing Authority (VLHA), the Community Development Department proposes a change to the policy concerning the acceptance of fee in lieu payments under the Town of Vail's Inclusionary Zoning, Commercial Linkage and Employee Housing Deed Restriction Exchange Programs. This change in policy is proposed to be codified through amendments to Section 12-13-5 Employee Housing Unit Deed Restriction Exchange Program, Section 12-23-6, Methods of Mitigation under Commercial Linkage, and Section 12-24-6, Methods of Mitigation under Inclusionary Zoning of the Vail Town Code (Code). In addition to the proposed text amendments related to the change in policy, staff has also proposed minor changes to the language of the sections to improve readability and clarity. This change in policy is proposed to better define the circumstances under which a fee in lieu payment may be accepted by the Vail Town Council for mitigation of employee housing obligations. Currently, fees in lieu may be proposed to satisfy these obligations largely at the discretion of an applicant. The change in policy proposed would change the circumstances when fees in lieu may be accepted only to fractional requirements (partial or remainder obligations) with the only exception being for participation in the Exchange Program involving Employee Housing Units with deed restrictions approved prior to July 22, 1994. Please find a more detailed explanation of this proposed change in policy below in Section 11 or, alternatively, in the matrix provided as Attachment A. Based upon staff's review of the criteria outlined in Section VI of this memorandum and the recommendation of the VLHA as requested by Town Council on this matter, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval for the Prescribed Regulation Amendment to the Vail Town Council. II. DESCRIPTION OF REQUEST The purpose of the amendment is to define the acceptance of fees in lieu for employee housing mitigation requirements under: • The Exchange Program involving Employee Housing Units as: o mitigation for any fractional portion of the required square footage not provided by a proposed EHU 0 or in full only for Employee Housing Units with deed restrictions approved prior to July 22, 1994. These deed restrictions contained the following language: "if the unit is rented, it shall be rented only to tenants who are full time employees... ",- • ,• The Commercial Linkage Program to fractional requirements (partial or remainder obligations) less than 1.25 employees; • The Inclusionary Zoning Program to fractional requirements (partial or remainder obligations) less than 438 square feet. Existing Policy As currently written, the Code allows the use of fees in lieu at the discretion of the applicant to satisfy any and all calculated mitigation requirements of the Exchange Program (Section 12-13-5). Similarly, the Code allows the use of fees in lieu at the discretion of the applicant to satisfy any employee housing obligations not required to be fulfilled on-site in both the Inclusionary Zoning and Commercial Linkage programs (Sections 12-23-6 and 12-24-6). Proposed Policy The proposed policy changes are recommended as follows: With respect to the Employee Housing Unit Deed Restriction Exchange program (Section 12-13-5); Fees in lieu shall only be accepted as mitigation for any fractional portion of the required square footage not provided by a proposed EHU or in full only for Employee Housing Units with deed restrictions approved prior to July 22, 1994. These deed restrictions contained the following language: "if the unit is rented, it shall be rented only to tenants who are full time employees..." The rationale for accepting fees for these units is that the deed restriction language does not require the units to be occupied and therefore their value to the community may be less than that of other, more recently established units that are required to be occupied. Town of Vail Page 2 With respect to Commercial Linkage program (Section 12-23): Fees in lieu shall only be accepted for a fractional unit requirement resulting from an employee generation of less than 1.25 employees or a fractional remainder. With respect to the Inclusionary Zoning program (Section 12-24): Fees in lieu shall only be accepted for the mitigation of housing obligations that are a result of a fractional unit requirements resulting from and obligation of less than 438 square feet or a fractional remainder. With respect to contingency language for instances of extraordinary circumstances the following is proposed : "At the sole discretion of the Town, an exception may be granted from the requirements of this Chapter based upon a finding by the Town Council that exceptional or extraordinary circumstances or conditions apply that prevent the implementation of the required mitigation methods and a mutual agreement is reached between the Town and the Applicant with regard to mitigation." Resulting Effects of the Change in Policy The effects resulting from the proposed changes to the policy regarding the acceptance of fees in lieu as mitigation will be felt by both the development community as well as owners of existing deed restricted units that were not created as a result of Inclusionary Zoning or Commercial Linkage Requirements. For the development community, the change in policy removes one mitigation option for meeting the housing obligation not required on-site. Remaining mitigation options include meeting the full requirement on- site with either EHU's or dormitory style housing, off site units or the conveyance of off site property. The removal of the fee in lieu option will require the development community to meet the housing obligation, unless satisfied through the conveyance of vacant property, with actual units of housing, either through new construction or through the placement of a deed restriction on an existing housing unit. For the owners of deed restricted units wishing to participate in the Employee Housing Unit Deed Restriction Exchange Program, fees in lieu will only be accepted for any fractional portion of the required square footage not provided by a proposed EHU or in full for units with deed restrictions approved prior to July 22, 1994 containing the above mentioned language. As a result, for owners of units otherwise eligible created after this date, the exchange unit must be replaced with another unit, as outlined in Section 12- 13-5 D.2. III. BACKGROUND In February of 2016, the Town Council requested background information and began discussions on how the Town of Vail calculates its annual fee in lieu for mitigation of employee housing impacts (Code Sections 12-23, 12-24) and the Employee Housing Unit (EHU) Exchange Program (Section 12-13-5). Several work sessions have been Town of Vail Page 3 held since then, including a joint work session with the Vail Local Housing Authority (VLHA) to determine if the fees charged are adequate, are achieving their goals, and what changes could be made to improve performance towards meeting those goals. The VLHA has been tasked with making recommendations to the Council on options for changes to the fee in lieu policy. On June 27, 2016 staff presented to the Planning and Environmental Commission (PEC) the options under consideration by the VLHA for feedback. The VLHA has considered this feedback and at their July 26, 2016 voted to forward their recommendation contained herein to the PEC for their recommendation to the Town Council. IV. PROPOSED TEXT AMENDMENT LANGUAGE The proposed changes to Section 12-13-5, Employee Housing; Employee Housing Unit Deed Restriction Exchange Program, Section 12-23-6 , Commercial Linkage: Methods of Mitigation and Section 12-24-6, Inclusionary Zoning: Methods of Mitigation to implement the proposed change in policy can be found below. In addition to the changes necessary for the implementation of the revised policy, staff has also included a number of minor changes to improve the readability. Please refer to the matrix included as Attachment A for a further explanation of these changes. The proposed language is as follows with new language in bold and language to be removed striAkep through. 12-13-5: EMPLOYEE HOUSING UNIT DEED RESTRICTION EXCHANGE PROGRAM: A. Purpose: The purpose of this section is to provide occupied livable, affordable employee housing units within the town of Vail through the establishment of an employee housing unit deed restriction exchange program. The exchange program allows the town council to release a deed restriction from an existing employee housing unit in exchange for the placement of an employee housing deed restriction on another dwelling unit B. Applicability: The program established under this section applies to existing employee housing units. This shall not apply to any existing employee housing unit that is already price appreciation capped or any employee housing unit established to meet the on site employee mitigation requirements of chapter 23, "Commercial Linkage", or chapter 24, "Inclusionary Zoning", of this title or as part of an approved development plan. C. Definitions: For the purpose of this section: COMMERCIAL JOB CORE: Those areas located south of Interstate 70, east of the intersection of Forest Road and South Frontage Road, north of Vail Mountain, and Town of Vail Page 4 west of the town of Vail soccer fields on Vail Valley Road, as further defined by exhibit A of this section. EXCHANGE EHU: The existing nonprice appreciation capped employee housing unit or other unit with an employee housing deed restriction that is being proposed to have the deed restriction released as part of this program. PROPOSED EHU: The existing, non -deed restricted dwelling unit that is being proposed to receive an employee housing deed restriction as part of this program. D. General Requirements: The town council may approve the removal of an employee housing deed restriction from an existing employee housing unit in exchange for the placement of an employee housing deed restriction onto A.Pether dkve k4g ,.,,i+ the proposed EHU, and/or the payment of a fee in lieu, as described in Paragraph 5 below. 5. Fee in Lieu: The applicant may eleAt to provide a fee in lieu payment to the town of Vail for any fractional portion of the required square footage less than 438 square feet not provided by a proposed EHU, if the proposed EHU does not fulfill the required amount of calculated square footage. Tho to wr, shall eel„ i iso m�nios GAIIG fr r} -9 fi-986 OR lie6l tG pny�y��oo hGi ioinrr Th� applinant shall pay a foo in lieu equal to the fellewiRg fermi alas - The Town Council at its sole discretion may accept fee in lieu payment for the full required square footage only if the exchange EHU was approved prior to July 22, 1994, and has a deed restriction that includes the language stating "if the unit is rented, it shall be rented only to tenants who are full time employees...". The Fee in Lieu calculated amount shall be paid after approval of the application by Town Council, but prior to recording of the deed restriction release. The fee shall be based upon the current fee structure in place at the time of payment. Early payment of the fee in lieu shall not be accepted prior to approval. The approval for deed restriction release shall sunset one year from the date of approval and any fees paid are non-refundable. The town shall use monies collected from fees in lieu only to provide incremental new employee housing units. Existing EHU square feet x multiplier x inclusionary zoning fee = fee in lieu payment Town of Vail Page 5 6. At the sole discretion of the Town, an exception may be granted from the requirements of this Chapter based upon a finding by the Town Council that exceptional or extraordinary circumstances or conditions apply that prevent the implementation of the required mitigation methods and a mutual agreement is reached between the Town and the Applicant with regard to mitigation. E. Fees: The tTown eCouncil shall set an application fee schedule sufficient to cover the cost of town staff time and other expenses incidental to the review of the application. The fee shall be paid at the time of the application, and shall not be refundable. F. Review Process: Submittal Requirements: The administrator shall establish the submittal requirements for an employee housing deed restriction exchange application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the community development department. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed exchange. The administrator and/or the reviewing body may require the submission of additional materials if deemed necessary to properly evaluate the application. 2. Review Procedures: Town of Vail Page 6 a. Administrator Review: The administrator shall review the application for completeness and compliance with this section, and shall make a determination of completeness and compliance with this section within fourteen (14) days of application submittal. Should the administrator deem that the application is incomplete or not in compliance with this section, the administrator shall deny the application. Should the administrator deem the application is both complete and in compliance with this section, the administrator shall forward the application for review by the Vail ILocal #Housing aAuthority. b. Vail Local Housing Authority Review: The review of a proposed employee housing deed restriction exchange application shall be held by the Vail ILocal #Housing aAuthority at a regularly scheduled meeting. A report of the community development department staff's findings and recommendations shall be made at the formal hearing before the Vail 4Local #Housing aAuthority. Within twenty (20) days of the closing of a public hearing on a proposed amendment, the Vail ILocal #Housing aAuthority shall act on the application. The autheFity Vail Local Housing Authority may recommend approval of the application as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this title, or may recommend denial of the application. The aut#erity Vail Local Housing Authority shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the town council. c. Town Council Review: Upon receipt of the report and recommendation of the authority, the frown -.Council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on the application, the town council shall act on the application. The frown -.Council shall consider but shall not be bound by the recommendation of the Vail ILocal #Housing aAuthority. The (Town -.Council may approve, either in accordance with the recommendation of the Vail ILocal #Housing aAuthority or in modified form, or the council may deny the application. d. Appeal: Administrator and (Town -.Council decisions maybe appealed in accordance with the provisions in section 12-3-3, "Appeals", of this title. 3. Criteria and Findings: a. Criteria: Before acting on an employee housing deed restriction exchange application, the Vail 4Local #Housing aAuthority and Vail frown -.Council shall consider the following criteria with respect to the application: (1) The proximity and accessibility of the proposed EHU(s) to the commercial job core and public transportation; and (2) The size of the proposed EHU(s) in relation to the minimum employee housing unit sizes established for commercial linkage mitigation in section 12-23-3 of this title; and Town of Vail Page 7 (3) The effect of any homeowners' association dues or maintenance fees imposed upon the proposed EHU(s) on the affordability of the proposed unit for an employee; and (4) The correlation between any homeowners' association fees imposed upon the proposed EHU(s) and the services and amenities provided by the homeowners' association; and (5) The extent to which the exchange is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and (6) The extent to which the exchange presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and (7) The extent to which the exchange provides for the growth of an orderly viable community and serves the best interests of the community as a whole. b. Necessary Findings: Before recommending and/or granting an approval of an employee housing deed restriction exchange application, the Vail tLocal #Housing aAuthority and the Vail tTown sCouncil shall make the following findings with respect to the application: (1) The application meets the general requirements of subsection D of this section; and (2) The application is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and (3) The application furthers the general and specific purposes of the zoning regulations, section 12-1-2 of this title, and the employee housing regulations, section 12-13-1 of this chapter; and (4) The application 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. (Ord. 10(2011) §§ 1, 2, 3, 4: Ord. 31(2008) § 1) 12-23-6: METHODS OF MITIGATION: A. For all new construction (i.e., development that does not affect any existing buildings or structures) and demo/rebuild projects that result in a mitigation requirement of Town of Vail Page 8 1.25 employees or greater, no less than one-half (1/2) the mitigation of employee housing required by this chapter shall be accomplished with on site units. Exceptions: At the sole discretion of the applicable governing body, an exception may be granted from this subsection based upon one of the following findings: a. Implementation of the on site unit mitigation method would be contrary to the intent and purpose of the applicable zone district. b. Implementation of the on site unit mitigation method would be contrary to the goals of the applicable elements of the Vail comprehensive plan and the town's development objectives. c. Exceptional or extraordinary circumstances or conditions apply to the site that prevents the implementation of the on site unit mitigation method. d. The method of mitigation proposed better achieves the intent and purpose of this chapter and general and specific purposes of this title than the on site mitigation unit method. 2. On Site EHUs: All on site EHUs shall be deed restricted as a "type IV -CL" (type four, commercial linkage mitigation) or "type VII -CL" (type seven, commercial linkage mitigation) EHU in accordance with chapter 13, "Employee Housing", of this title. 3. On Site Dormitory Style Units: At the sole discretion of the applicable governing body, an applicant may provide on site dormitory style units. 4. Fees in Lieu: An applicant may provide a payment of fees in lieu only for any fractional remainder of the requirement generated under this chapter totaling less than 1.25 employees. 5. Remaining Portion of Requirement: Any remaining portion of the mitigation requirement not provided with on site units shall be provided in accordance with subsection B of this section. B. For all development projects except those mitigated by subsection A of this section, the mitigation of employee housing required by this chapter shall be accomplished through one, or any combination, of the methods further described in this section. Unless otherwise regulated by this title, the choice of method(s) used to mitigate the employee housing requirements of this chapter shall be at the sole discretion of the applicant. 1. On Site Units: a. All on site EHUs shall be deed restricted as a "type IV -CL" (type four, commercial linkage mitigation) or "type VII -CL" (type seven, commercial linkage Town of Vail Page 9 mitigation) EHU in accordance with chapter 13, "Employee Housing", of this title. b. At the sole discretion of the applicable governing body, an applicant may provide on site dormitory style units. 2. Conveyance Of Vacant Property On Site: An applicant may convey on site real property to the town on which no covenants, restrictions or issues exist that would limit the construction of EHUs, at the sole discretion of the town council. This method does not mitigate the on site unit requirements of subsection A of this section. 3. Off Site Units: a. The requisite number of EHUs, or a portion thereof, may be provided off site within the town, provided that such EHUs are deed restricted in accordance with this chapter. b. At the sole discretion of the planning and environmental commission, an applicant may provide off site dormitory units, unless the application is for a special development district, in which case, the town council, in its sole discretion, may accept dormitory units as a method of mitigation. 4. Payment of Fees in Lieu: a. The fee in lieu for each employee to be housed shall be established annually by resolution of the town council, provided that, in calculating that fee, the town council shall include the net cost (total cost less the amount covered by rental or sale income) of real property and all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the town to provide housing for the employee to be housed in that year. b. An administrative fee, established by resolution of the town council, shall be added to the amount set forth in subsection 134a of this section. c. Fees in lieu shall be due and payable prior to the issuance of a building permit for the development. d. The town shall ep4y use monies collected from fees in lieu only to provide incremental new employee housing units. e. An applicant may provide a payment of fees in lieu only for any fractional remainder of the requirement generated under this chapter totaling less than 1.25 employees. Town of Vail Page 10 5. Conveyance of Vacant Property Off Site: The town council may, at its sole discretion, accept the conveyance of vacant property off site in lieu of requiring the provision of EHUs, provided that no covenants, restrictions or issues exist on such property that would limit the construction of EHUs. (Ord. 1(2008) § 24) 6. At the sole discretion of the Town, an exception may be granted from the requirements of this Chapter based upon a finding by the Town Council that exceptional or extraordinary circumstances or conditions apply that prevent the implementation of the required mitigation methods and a mutual agreement is reached between the Town and the Applicant with regard to mitigation. 12-24-6: METHODS OF MITIGATION: A. For all new construction (i.e., development that does not affect any existing buildings or structures) and demo/rebuild projects that result in a mitigation requirement of four hundred thirty eight (438) square feet or greater, no less than one-half (1/2) the mitigation of employee housing required by this chapter shall be accomplished with on site units. Exceptions: At the sole discretion of the applicable governing body, an exception may be granted from this subsection based upon one of the following findings: a. Implementation of the on site unit mitigation method would be contrary to the intent and purpose of the applicable zone district. b. Implementation of the on site unit mitigation method would be contrary to the goals of the applicable elements of the Vail comprehensive plan and the town's development objectives. c. Exceptional or extraordinary circumstances or conditions apply to the site that prevents the implementation of the on site unit mitigation method. d. The method of mitigation proposed better achieves the intent and purpose of this chapter and general and specific purposes of this title than the on site mitigation unit method. 2. On Site EHUs: All on site EHUs shall be deed restricted as a "type IV-IZ" (type four, inclusionary zoning mitigation) or "type VII-IZ" (type seven, inclusionary zoning mitigation) EHU in accordance with chapter 13, "Employee Housing", of this title. 3. On Site Dormitory Style Units: At the sole discretion of the applicable governing body, an applicant may provide on site dormitory style units. Town of Vail Page 11 4. Fees in Lieu: An applicant may provide a payment of fees in lieu only for any fractional remainder of the requirement generated under this chapter totaling less than four hundred thirty eight (438) square feet of EHU floor area. 5. Remaining Portion of Requirement: Any remaining portion of the mitigation requirement not provided with on site units shall be provided in accordance with subsection B of this section. B. For all development projects except those mitigated by subsection A of this section, the mitigation of employee housing required by this chapter shall be accomplished through one, or any combination, of the methods further described in this section. Unless otherwise regulated by this title, the choice of method(s) used to mitigate the employee housing requirements of this chapter shall be at the sole discretion of the applicant. 1. On Site Units: a. All on site EHUs shall be deed restricted as a "type IV-IZ" (type four, inclusionary zoning mitigation) or "type VII-IZ" (type seven, inclusionary zoning mitigation) EHU in accordance with chapter 13, "Employee Housing", of this title. b. At the sole discretion of the applicable governing body, an applicant may provide on site dormitory style units. 2. Conveyance of Vacant Property On Site: An applicant may convey on site real property to the town of Vail on which no covenants, restrictions or issues exist that would limit the construction of EHUs, at the sole discretion of the town council. This method does not mitigate the on site unit requirements of subsection A of this section. 3. Off Site Units: a. The requisite number of EHUs, or a portion thereof, may be provided off site within the town, provided that such EHUs are deed restricted in accordance with this chapter. b. At the sole discretion of the -pPlanning and eEnvironmental sCommission, an applicant may provide off site dormitory units, unless the application is for a special development district, in which case, the frown eCouncil, in its sole discretion, may accept dormitory units as a method of mitigation. 4. Payment of Fees in Lieu: a. The fee in lieu for each square foot shall be established annually by resolution of the town council, provided that in calculating that fee, the town council shall include the net cost (total cost less the amount covered by rental or sale Town of Vail Page 12 income) of real property and all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the town to provide the square feet in that year. b. An administrative fee, established by resolution of the town council, shall be added to the amount set forth in subsection 134a of this section. c. Fees in lieu shall be due and payable prior to the issuance of a building permit for the development. d. The town shall eply use monies collected from fees in lieu only to provide incremental new employee housing units. e. An applicant may provide a payment of fees in lieu only for any fractional remainder of the requirement generated under this chapter totaling less than four hundred thirty eight (438) square feet of EHU floor area. 5. Conveyance of Vacant Property Off Site: The tTown GCouncil may, at its sole discretion, accept a conveyance of real property off site in lieu of requiring construction of EHUs, provided that no covenants, restrictions or issues exist on the property that would limit the construction of EHUs. (Ord. 1(2008) § 25) 6. At the sole discretion of the Town, an exception may be granted from the requirements of this Chapter based upon a finding by the Town Council that exceptional or extraordinary circumstances or conditions apply that prevent the implementation of the required mitigation methods and a mutual agreement is reached between the Town and the Applicant with regard to mitigation. V. APPLICABLE PLANNING DOCUMENTS Title 12 — Zoning Regulations, Vail Town Code Purpose.- A. urpose:A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes.- 1. urposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. Town of Vail Page 13 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Section 3-7 Amendment (in part) A. Prescription: The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. B. Initiation.- 1. nitiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all Town of Vail Page 14 properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. VI. CRITERIA FOR REVIEW Section 12-3-7(C)(2) of the Zoning Regulations identifies the factors that the Planning and Environmental Commission must consider before making a recommendation for a change to the text of the code. These factors include the following: 1. The extent to which the amendment furthers the general and specific purposes of the zoning regulations; and The proposed amendments are intended to further the general and specific purposes of the zoning regulations. Specifically, the purpose of the text amendments is to further the creation of deed restricted affordable housing units by restricting the circumstances where fees in lieu may be used to satisfy employee housing mitigation/exchange requirements generated by the Inclusionary Zoning, Commercial Linkage or Employee Housing Deed Restriction Exchange Programs. This in turn will further the Town's goal of providing deed restricted employee housing for 30% of the workforce. This will further the specific goals of the Zoning Regulations, including conserving and maintaining "established community qualities and economic values," encouraging "a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives" and "to otherwise provide for the growth of an orderly and viable community." Therefore, staff finds this criterion to be met. 2. The extent to which the amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The Town of Vail adopted the Employee Housing Strategic Plan on September 2, 2008 and established the goal "to ensure there is deed restricted housing for at least 30% of Vail's workforce within the Town of Vail." The proposed amendment works to better achieve this goal through the restricting the circumstances where fees in lieu may be used and in turn by requiring the creation of deed restricted employee housing. Therefore, staff finds this criterion to be met. 3. The extent to which the amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Town of Vail Page 15 The current policy pertaining to the acceptance of fees in lieu have not had the desired outcome of increasing the supply of deed restricted employee housing in the community. Staff has found that the acceptance of fees in lieu for anything more than a fractional requirement is a less desirable outcome than incrementally increasing the inventory of deed restricted employee housing units. The amendment, resulting from the porposed change in policy, is intended to better achieve the stated goal. Therefore, staff finds this criterion to be met. 4. The extent to which the amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed amendments are intended to provide clear policy, terminology, and consistent defined terms within the Vail Town Code so that land use regulations are consistent with municipal development objectives to affect a positive outcome. Therefore, staff finds this criterion to be met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VII. STAFF RECOMMENDATION Based upon the analysis of the review criteria contained in Section VI of this memorandum, the Community Development Department recommends that the Planning and Environmental Commission make a recommendation to the Vail Town Council to approve the Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-13-5, Employee Housing; Employee Housing Unit Deed Restriction Exchange Program, Section 12-23-6, Commercial Linkage; Methods of Mitigation, and Section 12-24-6, Inclusionary Zoning; Methods of Mitigation, Vail Town Code, concerning the payment of Fees in Lieu of providing Employee Housing and setting forth details in regard thereto (PEC16-0025). If the Planning and Environmental Commission chooses to recommend approval of the proposed text amendments, the Community Development Department recommends the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12- 13-5, Employee Housing, Employee Housing Unit Deed Restriction Exchange Program, Section 12-23-6, Commercial Linkage, Methods of Mitigation, and Section 12-24-6, Inclusionary Zoning, Methods of Mitigation, Vail Town Code, concerning the payment of Fees in Lieu of providing Employee Housing and setting forth details in regard thereto." Town of Vail Page 16 Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Section VI this memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town, and 2. That the amendment furthers the general and specific purposes of the zoning regulations, and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. VIII. ATTACHMENTS A. Proposed text changes matrix Town of Vail Page 17 0 0 0 O E u Wu E N 0 n C a a) C Y M p n a Y ~ O M O O p)a=y C a) '§ O O Qa) M a) C f/) C O j n C a L a) O EE a) W W. 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Y N a 0 00 U) C >D Q CO r E� -Dp ° m E o O O R CL U° 0 > d' O N O C N f/) Y N C D C Ol 0 Q U T O 0 O S ° a O_ U W a O L O` (6 0 X O 0 a) O C Q E f/) 0 N f/) 6 N L T C N D S O m a o . ° N o o Iy Q p U m` U W a LC°- a) S y0 0 T O C `0 ° 42 U F, N U O > ° U U m O 0 O C (6 E a E 0 L N C U C .0 C ° 0 C f0 �' N T O L) C w .0 O �' (6 U 47 a s U ` C) a'� 0 N °U W Q° U W Q E .0 m Q m w 2 2 TOWN OF VA10 VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO MEETING DATE: August 8, 2016 ITEM/TOPIC: July 25, 2016 PEC Meeting Results ATTACHMENTS: File Name pec Results 072516.pdf Description July 25, 2016 PEC Meeting Results TOYVN 8f VAIL' PLANNING AND ENVIRONMENTAL COMMISSION July25, 2016 2:30 PM Vail Town Council Chambers 75S. Frontage Road -Vail, Colorado, 81657 Call to Order Members Present: Chairman Rediker, Kirk Hansen , Brian Gillette, John Ryan Lockman, Henry Pratt, Ludwig Kurz and Brian Stockmar Absent: None 2. A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-13-5, Employee Housing; Employee Housing Unit Deed Restriction Exchange Program, Section 12-23-6, Commercial Linkage; Methods of Mitigation, and Section 12-24-6, Inclusionary Zoning; Methods of Mitigation, Vail Town Code, concerning the payment of Fees in Lieu of providing Employee Housing and setting forth details in regard thereto (PEC16-0025). Applicant: Town of Vail Planner: Alan Nazzaro Action: Continue to August 8, 2016 Motion: Kurz Second: Stockmar Vote: 7-0-0 3. A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-15-3, Definition, Calculations, and Exclusions, Vail Town Code concerning the definition of Gross Residential Floor Area (GRFA) and setting forth details in regard thereto (PEC16- 0024). Applicant: Town of Vail Planner: Chris Neubecker Action: Continue to August 8, 2016 Motion: Stockmar Second: Kurz 4. Approval of Minutes 1) June 27, 2016 PEC Meeting Results Action: Approve Motion: Gillette Second: Lockman 2) July 11, 2016 PEC Meeting Results Action: Approve Vote: 7-0-0 Vote: 5-0-2 (Rediker, Kurz Abstain) Motion: Kurz Second: Stockmar Vote: 7-0-0 5. Informational Update 1) An informational update on the community recycling program. - 15 min. Mark Hoblitzell, Sustainability Coordinator, presented a PowerPoint updating the Planning & Environmental Commission on the Town's recycling program. Topics included diversion rate, participation rate, and future goals. Rediker — Is the lag in recycling related more a result of businesses or residences? Hoblitzell — Yes, the initial lag was in residential recycling was due to lack of curbside pickup, but then there was a jump in residential participation. Rediker — Is there a threshold goal for diversion? Hoblitzell — Zero waste is the ultimate goal. As of right now we are not near a limit of what can be recycled. There is a still a lot of potential for recycling. Rediker — Would like to know a realistic expectation for the Town's level of recycling. Bertuglia — A realistic short term target is approximately 50%. Stockmar — Can you determine compliance based on year-round residents versus visitors? Hoblitzell — We will be able to have a better idea as we collect information during the different seasons. Hansen asked how collection takes place within the Commercial Core. Lockman — Has the Town examined a one -hauler contract system? Hoblitzell — No. There is an open subscription system. Lockman — It is worth reviewing that option. Gillette asked a series of questions regarding achieving the established goals. Lockman stated that the existing local recycling facilities, the Town's remote location, and lack of density make achieving a high diversion rate difficult. Rediker commented that the funds that were available to assist in purchasing recycling bins, etc. were not fully utilized by residents and businesses. Rediker asked about the commercial compliance verification procedures. Rediker commented on the need for e -waste recycling and was glad the Town offered free e -waste recycling at their event this year. Pratt expressed concern that the survey numbers may be artificially high due to the study being done in April and May. Hoblitzell explained that there will be ongoing collection of data throughout the seasons. 2) Vail Village Character Area Update - 60 min. Jonathan Spence, Town Planner, introduced the project and referenced a PowerPoint presentation. Tom Braun, Braun Architects, also spoke regarding the project. The presentation included topics such as a brief history of some of the structures and blocks within Vail Village and existing design guidelines and standards, including specific elements within the Vail Village Urban Design Guide Plan. Vail Village is unique from other ski towns in its architectural character and scale, public spaces, and streets and corridors. Gillette and Rediker debated the pros and cons of strong versus weak design regulations. Spence suggested a middle ground where certain design elements may be highly regulated, and others may be less regulated to allow for a more diverse, yet still compatible, design. Hansen — Is there a timeline for this project? Braun — Not specified yet, but anticipates approximately 6 months. Hansen — Have you looked at other towns as examples for guidelines? Braun — Santa Fe, NM and Park City, UT Rediker — Are there other documents that will be changed? Braun — Maybe CC1 Zoning District or other zoning districts within the plan area. Gillette — Operations are another area in which character is established. Kurz — The objective of the Urban Design Guide Plan was to protect the existing character without jeopardizing new development. In regards to a timeline, it is less important to complete the update quickly than it is to complete it correctly. Pratt — A review of what makes Vail's architecture unique would be important prior to discussing the architectural portion of the update. 6. Adjournment Action: Move to Adjourn Motion: Kurz Second: Pratt Vote: 7-0-0 TOWN OF VAIO VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO MEETING DATE: Tuesday, August 8, 2016 ITEM/TOPIC: View Corridors ATTACHMENTS: File Name PEC View Corridors 08.08.2016.pdf Description View Corridor Informational Memo W1171 Memorandum To: From: Date: Subject Planning and Environmental Commission Community Development Department August 8, 2016 View Corridors BACKGROUND In 1981, the Town of Vail began a process to identify and adopt view corridors in Vail. View corridors were adopted to protect critical views of Vail Mountain and the Gore Range to act as constant reminders and visual orientation reference points for our residents and guests. On August 4, 1992, the Vail Town Council adopted Ordinance No. 18, Series of 1992, which in part established Chapter 18.73 (now known as 12-22), View Corridors, Vail Town Code, for the purpose of protecting views within the Town of Vail. EVOLUTION OF PRESENT DAY VIEW CORRIDORS 1981: Staff identified and submitted 39 major/minor views and focal points to the PEC for review and consideration. 1982: After more than a year of discussion and evaluation, the PEC recommended nine (9) view corridors and one focal point be established in Vail. 1983: Following six (6) months of deliberations, the Vail Town Council adopted Ordinance No. 13, Series of 1983, An Ordinance Amending the Vail Village Urban Design Guide Plan — Design Considerations: View Section and View Corridor Map to Reduce the Number of Maior Views and to Eliminate Minor View Corridors. 1992: Following the denial of a previous and similar ordinance in 1991, the Vail Town Council adopted Ordinance No. 18, An Ordinance Amending Section G of the Vail Village Urban Design Considerations Relating to the Protection of Views Within the Town of Vail and Creating a New Chapter of the Municipal Code of the Town of Vail to Provide for the Protection of Certain Views Within the Town. 1993: The Town initiated a View Corridor Task Force as a new effort toward the establishment of four (4) new view corridors. 1998: The Vail Town Council adopted Resolution No. 14, Series of 1998, which established the Lionshead Redevelopment Master Plan. This master plan included a recommendation to preserve certain public views, including a view from the pedestrian mall looking south up the gondola lift line. 2002: The first view corridor in Lionshead Village was established through Ordinance No. 16, Series of 2002. 2008: Three (3) additional view corridors were established in Lionshead Village through Ordinance No. 23, Series of 2008. III. WHAT IS A VIEW CORRIDOR? View Corridor is defined in Section 12-2-2, Definitions, Enumerated, as follows: An unobstructed location, position or area that permits an unhindered panoramic vista of particular interest or pleasure or unique view to a particular point from a public place, adopted by ordinance, as further regulated by this title. View Point Origination is defined in Section 12-2-2, Definition, Enumerated, as follows: The survey point, called out as the instrument in each legal description defining a view corridor boundary, which is the basis for each view corridor. Structure is defined in Section 12-2-2, Definition, Enumerated, as follows: Anything permanently constructed or erected with a fixed location including, but not limited to, new buildings, building expansions, decks, mechanical equipment, vents, ducts, satellite dishes, fences, stop lights, light poles, signs, utility poles, skylights or any similar object. IV. WHAT IS THE INTENT OF ADOPTING VIEW CORRIDORS Currently within the Town of Vail there are nine (9) adopted view corridors. These view corridors were established to protect, perpetuate, and preserve views from pedestrian public ways determined to be important to the aesthetic and economic vitality of the town. There is no view corridor with a view point origination located upon private property. Many of the adopted view corridors cross over private property and impact the development permitted upon these properties. V. HOW ARE VIEW CORRIDORS ESTABLISHED? Nine (9) approved and adopted view corridors are currently established in the Town of Vail, each containing an official photograph on record with the department of community development and a complete legal description. The photographs taken represent the boundaries defined by the legal descriptions. The camera used to take the photographs Town of Vail Page 2 was held five and four -tenths feet (5.4') above the instrument, which is approximate eye level for most adults. A thirty-five millimeter (35 mm) camera was used for each photograph; however, once developed, some photographs were cropped or enlarged to improve the graphic representation of each view corridor. The nine (9) established view points (view point #3 omitted) include: View Point #1: A view from the south side of the Vail Transportation Center from the main pedestrian stairway looking toward the Clock Tower, 232 Bridge Street, the Rucksack Tower, 280 Bridge Street, and beyond to the ski slopes. View Point #2: A view from upper Bridge Street looking toward the ski slopes between 228 Bridge Street, the Golden Peak Building, and 311 Bridge Street, the Hill Building. View Point #4: A view from the northeast corner of 244 Wall Street, the One Vail Place Building, looking over the roofs of 304 Bridge Street, the Red Lion Building, and 356 Hanson Ranch Road, the Christiania Lodge, toward the Gore Range. View Point #5: A view of the Gore Range from Hanson Ranch Road just east of the Mill Creek Bridge and south of 302 Gore Creek Drive, the Mill Creek Court Building. View Point #6: A view looking east to the Gore Range from Gore Creek Drive between retail shops at 174 Gore Creek Drive, the Lodge at Vail, and 193 Gore Creek Drive, the Gore Creek Plaza Building projecting east to the Gore Range. View Point #7: A view from the west end of the Lionshead parking structure, standing at street level at the front of the entrance to the Subway restaurant (395 E. Lionshead Circle) and looking southwest toward the gondola lift line. View Point #8: A view from the pedestrian plaza at the east end of the Lifthouse Lodge (555 E. Lionshead Circle) looking south directly up the gondola lift line. View Point #9: A view from the top west stair above the ice rink of the Arrabelle at Vail Square looking south across the pedestrian mall of the Arrabelle at Vail Square towards the Eagle Bahn Gondola. View Point #10: A view from the top of the stairs east of the Landmark building looking south directly up the Eagle Bahn Gondola lift line through the Arrabelle at Vail Square to the horizon line of Vail Mountain. In addition, each view point contains a precise purpose statement, description of the survey control, instrument and backsight used; a reference to the height of the instrument used from the view point location, and a table containing the horizontal table, zenith angle and foresight point on photo as of date certain. VI. CAN VIEW CORRIDORS BE AMENDED? Town of Vail Page 3 An amendment of the regulations of Title 12, Chapter 22 including a request to add a new view corridor, delete an existing view corridor, or amend the boundary of an existing view corridor, may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, or by application of any resident or property owner in the town, or by the administrator of his/her designee. Amendment procedures are subject to a public hearing and recommendation by the planning and environmental commission followed by a public hearing and final action by the town council. The town council shall only approve an amendment to chapter 22 adding a new view corridor, deleting an existing view corridor, or amending the boundary of an existing view corridor if the amendment complies with the policies and goals of the applicable elements of the Vail land use plan, town policies, and urban design guide plans and other adopted master plans, and meets all of the regulating criteria. VII. ARE ENCROACHMENTS ALLOWED IN EXISTING VIEW CORRIDORS? No part of a structure shall be permitted to encroach into any view corridor set forth in Chapter 22 unless an encroachment is approved in accordance with the designated criteria. Similar to the amendment process, an application for approval to encroach into an existing view corridor may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, or by application of any resident or property owner in the town, or by the administrator or his/her designee. No encroachment into an existing view corridor shall be permitted unless the applicant demonstrates by clear and convincing evidence that the encroachment meets all of the regulating criteria. VIII. IS VEGETATION ALLOWED IN A VIEW CORRIDOR? The maintenance of vegetation through limbing and pruning may be necessary for preservation of the adopted view corridors. The removal of vegetation shall only be permitted when said vegetation is found to be detrimental to the adopted view corridor purposes, as determined by the design review board. Mitigation of vegetation removal may require replacement to preserve and enhance the landscape character of the area. IX. HOW ARE NONCONFORMING STRUCTURES HANDLED? Any structure which presently encroaches into an existing view corridor which was lawfully authorized by ordinances or regulations existing prior to the adoption of the view corridor ordinance may continue. However, such encroachments will be encouraged to be removed as part of any remodeling or reconstruction of the structure. In the case of certain focal points, such as the Clock Tower and Rucksack Tower, the town recognizes their importance to the character of Vail Village and to the quality of the urban design of Town of Vail Page 4 Vail Village. Notwithstanding their nonconforming status, the town does not encourage their removal. X. HEIGHT LIMITATIONS If the maximum height allowed in any zone district within the town differs from the height permitted by a view corridor, the more restrictive height limitation shall apply. XI. VIEW CORRIDOR INTENT QUESTIONS TO CONSIDER • Where does a view corridor end? • What is allowed/not allowed to change within the adopted view corridor? • Do existing buildings within an adopted view corridor have sufficient options to redevelop? • Are current regulations to protect view corridors sufficient? XII. MAP The attached map makes reference to the nine (9) approved view point origination locations and approximate view corridors. This map is available with additional information specific to each view corridor at maps.vailgov.com Town of Vail Page 5 Ad Name: 12294762A PLANNING AND ENVIRONMENTAL COMMISSION Customer: TOWN OF VAIL/PLAN DEPT/COMM gustC hamb it uncal Vail Town Council Chambers Your account number is- 1OP2P33 75S. Frontage Road - Vail, Colorado, 81657 Vail Daily 1.Call to Order 2.A request for the review of a variance from Sec- tion 11-6-3: Business Signs and Section 11-6-4: Building Identification Signs, Vail Town Code, pur- PROOF OF PUBLICATION suant to Section 11-10-1: Variances, Vail Town Code, to allow for a Business Sign in excess of six (6) square feet and a wall mounted sign to be placed higher than twenty five feet (25') above ex- STATE OF COLORADO } isting grade, located at 1775 Sunburst Drive (Vail Golf & Nordic Clubhouse) / Lot 3, Sunburst Filing 3, and setting forth details in regard thereto. SS. (PEC16-0028) - 15 min. Applicant:Town of Vail, represented by Greg Hall COUNTY OF EAGLE } Planner: Jonathan Spence 3.A request for a major amendment to SDD No. 24, Warner Development, pursuant to Section I, Don Rogers, do solemnly swear that I am a qualified 12-9A-10, Amendment Procedures, Vail Town Code to remove Section 5, Item 3 requiring the representative ofthe Vail Daily. That the same Daily newspaper pool area on Lot 4 to be permanently restricted to a pool, from the conditions of approval within Ordi- printed, in whole or in part and published in the County nance No. 11, Series of 1990, located at 1825 Sunburst Drive/Lot 4, Vail Valley Filing 3, and set- of Ea le, State of Colorado, and has a eneral circulation g g ting forth details in regard thereto (PEC16-0027). - 30 min. Applicant: Deborah Webster, by Cur- therein; that said newspaper has been published continuously represented rent Architects Planner:Matt Panfil and uninterruptedly in said County of Eagle for a period of 4.A request for a recommendation to the Vail Town more than fifty-two consecutive weeks next prior to the first Council for a Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town publication of the annexed legal notice or advertisement and Code, to amend Section 12-15-3, Definition, Cal - culations, and Exclusions, Vail Town Code con- that said news a er has ublished the re uested le al notice h p 1� q g cerning the definition of Gross Residential Floor Area (GECand setting forth details in regard and advertisement as re uested. q thereto (PEC16-0024). - 60 min. Vail ApplicantVail N u Planner:Chris Neu 5.A request for a recommendation to the Vail Town The Vail Daily is an accepted legal advertising medium, Council for a Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town only for jurisdictions operating under Colorado's Home Code, to amend Section 12-13-5, Employee Housing; Employee Housing Unit Deed Restriction Exchange Program, Section 12-23-6, Commercial Rule rOV1SlOn. Linkage; Methods of Mitigation, and Section 1� 12-24-6, Inclusionary Zoning; Methods of Mitiga- tion, Vail Town Code, concerning the payment of Fees in Lieu of providing Employee Housing and That the annexed legal notice or advertisement was setting forth details in regard thereto (PEC16-0025). - 60 min. published in the regular and entire issue of every Applicant:Town of Vail Planner:Alan Nazzaro number of said daily newspaper for the period of 1 6.Approval of Minutes July 25, 2016 PEC Meeting Results consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 8/5/2016 and 7.lnformational Update View Corridor Update - Brian Garner that the last publication of said notice was dated 8/5/2016 in 8.Adjournment the issue of said newspaper. The applications and information about the propos- als are available for public inspection during regu- laroffice hours at the Town of Vail Community De- velopment Department, 75 South Frontage Road. The public is invited to attend the project orienta- In witness whereof, I have here unto set m hand this day, y y tion and the site visits that precede the public 08/09/2016. 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 item. Please call (970) 479-2138 for additional in - /7 r, formation. Sign language interpretation is available upon request with 48-hour notification. Please call (970) 479-2356, Telecommunication Device for the Deaf (TDD), for information. General Man ager/Publisher/Editor Vail Daily Community Development Department (12294762) in the Vail Daily August 5, 2016 Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 08/09/2016. ( �L-& 9. -V-� Pamela J. Schultz, Notary Public My Commission expires: November 1, 2019 r Ad Name: 12260689A THIS ITEM MAY AFFECT YOUR PROPERTY I PUBLIC NOTICE Customer: TOWN OF VAIL/PLAN DEPT/COMM NOTICE IS HEREBY GIVEN that the Planning and Your account number is- 1 OP2P 33 Environmental Commission of the Town of Vail will hold a public hearing in accordance with section Vail Daily 12-3-6, Vail Town Code, on Aug 8, 2016 at 1:00 pm in the Town of Vail Municipal Building. I, Don Rogers, do solemnly swear that I am a qualified A request for a major amendment to SDD No. 24, representative ofthe Vail Daily. That the same Daily newspaper Warner Development, pursuant to Section PROOF OF PUBLICATION 12-9A-10, Amendment Procedures, Vail Town Code to remove Section 5, Item 3 requiring the of Eagle, State of Colorado, and has a general circulation g pool area on Lot 4 to be permanently restricted to a therein; that said newspaper has been published continuously pool, from the conditions of approval within Ordi- and uninterruptedly in said County of Eagle for a period of 825 nance Sunburst Sunburst Drive11'/Lot 4, Vail Valley Filing 3, and set- st ive Series of 1 9 90,alle located at set - more than fifty-two consecutive weeks next prior to the first ting forth details in regard thereto (PEC16-0027). l SS Applicant: Deborah Webster, represented by Cur - I rent Architects COUNTY OF EAGLE } Planner: Matt Panfil A request for the review of a variance from Section 11-6-3: Business Signs and Section 11-6-4: Build- I, Don Rogers, do solemnly swear that I am a qualified ing Identification Signs, Vail Town Code, pursuant to Section 11-10-1: Variances, Vail Town Code, to representative ofthe Vail Daily. That the same Daily newspaper allow for a Business Sign in excess of six (6) square feet and a wall mounted sign to be placed printed, in whole or in part and published in the County higher than twenty five feet (25') above existing grade, located at 1775 Sunburst Drive (Vail Golf & of Eagle, State of Colorado, and has a general circulation g Nordic Clubhouse) / Lot 3, Sunburst Filing 3, and setting forth details in regard thereto. 16-0028) therein; that said newspaper has been published continuously (PEC Applicant: Town of Vail, represented by Greg Hall Planner: Jonathan Spence and uninterruptedly in said County of Eagle for a period of The applications and information about the propos- more than fifty-two consecutive weeks next prior to the first als are available for public inspection during office hours at the Town of Vail Community Develop- publication of the annexed legal notice or advertisement and P g ment Department, 75 South Frontage Road. The public is invited to attend site visits. Please call 970-479-2138 for additional information. that said newspaper has published the requested legal notice Sign language interpretation is and advertisement as requested. available upon re- quest, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Im- paired, for information. Published July 22, 2016 in the Vail Daily. The Vail Daily is an accepted legal advertising medium, (12260689) only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 7/22/2016 and that the last publication of said notice was dated 7/22/2016 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 07/26/2016. 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 07/26/2016. ( �L-& 9. -V-� Pamela J. Schultz, Notary Public My Commission expires: November 1, 2019 r