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HomeMy WebLinkAbout2016-0912 PECTOIV0 OF VAIN' PLANNING AND ENVIRONMENTAL COMMISSION September 12, 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, Ludwig Kurz, John Ryan Lockman, Henry Pratt, and Brian Stockmar Absent: Kirk Hansen 2. A request for recommendation to the Vail Town Council of an application to establish Special Development District No. 41 (Marriott Residence Inn), pursuant to Section 12- 9(A), Special Development Districts, Vail Town Code, to allow for the development of a limited service lodge and deed restricted employee housing units and a conditional use permit for public or commercial parking facilities or structures, located at 1783 North Frontage Road West/Lot 9, Buffehr Creek Resubdivision, and setting forth details in regard thereto. (PEC16-0030). Applicant: Vail Hotel Owner ESHV, LLC, represented by Mauriello Planning Group Planner: Matt Panfil Action: Continue to October 10, 2016 Motion: Kurz Second: Gillette Vote: 6-0-0 Matt Panfil, Town Planner, provided an overview of the request as well as a refresher of the SDD review process. Project includes 170 Limited Service Lodge Units (LSLUs) and 113 Employee Housing Units (EHUs).Staff concerns include building height, more detail on parking operations and tandem parking spaces, mixed-use parking credit, retaining wall heights, lack of porte-cochere, impacts on views, ADA parking spaces, drive aisle width with deliveries, car impacts on lower level EHUs. The applicant requests, and staff recommends, the meeting be tabled to the October 10, 2016 meeting to allow more time for consideration of the request by the public. Chairman Rediker opened the meeting to questions by the Commission for staff. There were no questions of staff. Dominic Mauriello, applicant, provided an introduction and overview of the proposed project. Peter Dumon, representative of the Harp Group of Chicago, introduced himself and provided opening remarks on behalf of the development team. Mauriello provided a presentation of the project including: site history, neighborhood context, hotel operations, rental employee housing units, deviations from the underlying zoning, and his anticipated schedule. Rediker opened the meeting to questions by the Commission of the applicant. Pratt: Will the hotel laundry be done on site? Mauriello: Yes. Gillette: What will the decks look like? Will they allow outside storage of bikes, etc.? Dumon: The decks will be slim. Storage for bikes and sporting goods equipment will likely be accommodated in the parking area. There will be no outside storage on decks. Rediker: What consideration was given to snow storage and roof shedding of snow? Mauriello: Deferred to next meeting where greater detail will be provided by the project architect. Rediker: What provisions for visitors/guest parking is being made in light of the residential component of the project? Mauriello: Believes enough parking is being provided to accommodate all the uses proposed due to the parking surplus. Gillette: How will the hotel breakfast operate? Dumon: Marriott Residence Inn brand standard is complimentary breakfast for hotel guests only. They do not serve lunch or dinner, but do provide late afternoon hors d'oeuvres at a Manager's Reception. Rediker: Asked about loading and delivery for use by the residents of the EHUs. Mauriello: There are not many expected day to day deliveries, but a majority will load from the interior of the garage. Rediker: Will EHUs be furnished? ILVANTi[a1rem 01. Gillette: Asked about the retaining wall heights and locations. Mauriello: Clarified the location and heights of all retaining walls. Rediker: What is the average height on the north side of the building? Mauriello: About 5 stories on the rear. Referred to a PowerPoint slide. Gillette: Asked to see additional modeling to get a better perspective of heights. Lockman: Asked about the multi -use credit for parking. Mauriello: Believes the credit is valid as applied to this project. Lockman: Asked for more details about the front entrance and exits. Mauriello: Referred to a PowerPoint slide to illustrate the turning movements and plans. Gillette: Who is requiring the turn lane from frontage road? Mauriello: Colorado Department of Transportation (CDOT). Gillette: Does the garage accommodate a pickup truck? Mauriello: Yes. George Ruther: Addressed the frontage road plans and intersection as it pertains to review and approval by CDOT. Gillette: Asked about the frontage road recreation path and connection to Buffehr Creek Road. Mauriello: Addressed the plans and trail system east to west. Rediker: Asked about the EHUs and eligibility and pricing for rental rates. Mauriello: Reviewed the anticipated deed restriction. If there is not enough interest from locals, the units would likely become market rate apartments. Rediker closed questions from the commission and opened public comment. Public comment: Chris Burns, Buffehr Creek Townhomes condo association: The proposal is too dense and too big. Parking and access are inadequate, may lead to backups on road if no other access into garage. The height is too tall and impacts the neighbors, especially at the west end. The setbacks are inadequate. Loading and delivery is inadequate and will impact adjacent roadways. This is not a workable plan. Where will workers park? How will this be built without impacting neighbors? Randy Guererro, Mustang Townhomes: Addressed the compatibility, character and visual integrity of the neighborhood and does not feel the project satisfies those requirements. Believes the applicant's request for real estate transfer tax waiver is inappropriate. Believes the previously approved building plan (Marriott Residence Inn) is acceptable but not the proposed project with EHUs. Believes the applicant is too vague with details and liberally interpreting the codes with the proposal. I have a Gore Range view; will that be impacted? Where will vent fans go, at rear toward neighbors? Northeast corner is going into setbacks. Stay within current codes and guidelines. Pratt: Asked staff the status of the previous approval. Panfil: The previous approval has lapsed. Barbara Brundin, 1995 Chamonix Lane: Agree with comments made so far. Proponent of a new West Vail Master Plan; come up with a vision for this area. Believes the project is too big and dense. She understands the need for employee housing, but it is too much in this location and there is not enough outdoor open space for the residents. Believes the hotel use and the employee housing are incompatible. Deena DiCorpo, President of the association for 1880 Meadow Ridge Road: Concerned that the project is too big for the neighborhood. Gary Weiss: Appealed to the PEC not to violate the forty-eight foot (48') height limit, citing his belief that the project is too tall. Mark Levine, Capstone Townhomes: The project is too big and too tall. It will negatively affect the neighborhood. Chris Romer, Vail Valley Partnership: He is not currently taking a stance on the project, but stated that workforce housing is critical. Mid-level and accessible (non - luxury) lodging option is very important to Vail. Andy Gunion, Hillside Condos: Believes the current proposal is too big and out of character with the neighborhood. The project does not set a good precedent for neighborhood scale. He supports each project independent of each other, but not combined on one small site. Suggests the Town work with the developer to put just employee housing on the site instead. Steve Lindstrom, Vail Local Housing Authority (VLHA): Believes the applicant has responded to community needs for employee housing, lodging, and parking. The VLHA supports the project. George Ruther: Directed the PEC's attention to letters received by community development staff for the record. Rediker: Asked that the letters be included with the next meeting packet for more time to review. Rediker: Closed public comment. Stockmar: Concerned with some aspects of the project but needs more time to study the proposal. Gillette: Agrees with commissioner Stockmar. Believes that perspective photos from behind the property are critical. Need to see that there will be adequate storage. Requested more details about widening the frontage road. A construction staging plan and the location of exterior mechanical equipment are also important to see. Pratt: Disclosed his firm was involved with a prior applicant and is trying to resurrect a housing project from 2008 on the site and may have to recuse himself if that project moves forward. Elements of the plan he likes include: the lodging, EHUs, tandem parking, and underground parking in setbacks/site coverage. He is generally not in favor of establishing an SDD unless a public benefit or better design is provided as a result. He does not favor the design as currently proposed. The building massing is too large without enough plane breaks. Asked staff about deed restrictions for Eagle County residents. Question answered by George Ruther, who cited the rules of eligibility. Pratt favors a plan that includes housing for Eagle County employees only if demand can be met. He feels the project is otherwise too large and too dense. Kurz: Concurred with Commissioner Pratt. He believes the project would have a negative impact on the neighborhood. He requested more details on parking, storage, traffic, etc. Believes the design of the facade does not include enough articulation. Believes the applicant should work more with the neighborhood. Lockman: Asked for clarification about formerly approved plan that lapsed. Question answered by Panfil. Mauriello clarified that the former project was approved and expired in order for the client to help address workforce housing. Lockman believes the site coverage is OK as interpreted. He has concerns with the substantial amount of traffic and associated impacts to the N. Frontage Road. He likes the concept of employee housing, but believes the building height is the biggest concern. Rediker: The bulk and mass of the building and lot density are too much. He appreciates the applicant's unique approach to address employee housing, but the current proposal does not work. He would like to see better design elevations, more detailed perspective of height as viewed from vicinity, and for the applicant to address loading and delivery separately for the hotel use and residences. EHUs should be ensured to go to locals and not second homeowners. He also would like to see the location of exterior equipment and venting and how those would impact views of the neighborhood. He has concerns with commercial laundry machine venting as well. He also wants to see a plan for snow shedding from the roof and snow storage and management. A construction staging plan is needed. A future site visit is warranted. Gillette: The applicant should superimpose comparative imagery to give better perspective as to the proposed building. Compare to other large buildings on N. Frontage Road, such as Simba Run and Vail Run. 3. A request for recommendation to the Vail Town Council for prescribed regulations Amendment to Sections 12-2: Definitions, 12-11: Design Review, 12-15: Gross Residential Floor Area, 12-16: Conditional Use Permits and 12-17: Variances related to the joint property owner submittal requirement. (PEC16-0031) Applicant: Town of Vail Planner: Jonathan Spence Action: Approve Motion: Stockmar Second: Lockman Vote: 6-0-0 Staff Planner Jonathan Spence provided an overview of the proposed prescribed regulations amendment. Chairman Rediker opened the meeting to questions for Staff: Stockmar: How has the lack of a definition created uncertainty and has it led to arbitrary decisions or created inconsistency? Spence: More of a clarification. Pratt: Asked for clarification about the terminology in its application. Spence: Provided example to illustrate its application. Gillette: Asked for clarification when it is in an SDD. Spence: Provided SDD example to address the question. Opened public hearing. No public testimony. Commissioner comment: Lockman: Agrees with amendment. Kurz: OK with the proposal. Pratt: Not comfortable with the proposal, but if town staff finds it necessary, then is OK with it. Gillette: Does not agree with a neighbor having to approve adjacent property owner's project. Thinks the bigger policy issue should be fixed. Stockmar: Generally OK with the clarification. Rediker: Asked why "driveways" is not included in definition of "development lot." Asked to clarify whether the language is intended to now apply only to structures. Otherwise feels the modification is beneficial and provides clarity. Gillette: Asked about notification requirements for DRB applications. Stockmar: Asked whether this affects covenants. Spence: No. Those are private, civil agreements. Gillette: Perhaps the process should involve co -applicants, rather than adjacent owner sign -off. 4. A request for recommendation to the Vail Town Council for prescribed regulations Amendment to Sections 12-2: Definitions and 14-10: Design Review Standards and Guidelines related to the regulation of greenhouses and hoop houses/cold frames. (PEC16-0032) Applicant: Town of Vail Planner: Jonathan Spence Action: Approve with condition. Motion: Lockman Second: Kurz Vote: 4-2-0 (Stockmar, Gillette opposed) Condition: 1. Staff shall make the Town Council aware of the concerns expressed by individual PEC members. Staff Planner Jonathan Spence provided an overview of the proposed prescribed regulations amendment through a PowerPoint presentation with examples. Questions for staff: Pratt: Do the changes allow a greenhouse be separated from the main house? Spence: Code currently provides for attached structures such as an attached sunroom. Provided language from code. Pratt: Allows lighting and electrical? Spence: Yes Lockman: Could someone grow cannabis? Spence: No, though marijuana grows are prohibited in another part of the code. Rediker: Do hoop houses and greenhouses have to meet setbacks? Spence: They have to meet specified setback standards. Gillette: Feels cold frames should be more tightly regulated subject to design review. Stockmar: How many situations are there with hoop/green houses to warrant the amendment? Spence: Not often. Stockmar: Perhaps cold frames should not be allowed. Rediker: Do hoop houses and cold frames go together? Or differentiated? Spence: The town code does not have language either way presently. Gillette: Hoop houses and cold frames should be subject to and approved by DRB. Neighbor should not have to look at these uses. Stockmar: Doesn't feel these uses are attractive due to the transparency of the inside use. Should not be visible to neighbors. Public comment: No public testimony. Commissioner comments: Stockmar: Vail character is important and hoop houses and green houses are not compatible. The structures are not befitting of our community. Gillette: Agrees with Commissioner Stockmar. He is OK with green houses. Cold frames should be subject to design review. Pratt: Shares concerns of the commissioners, but respects people's property rights. All should be subject to design review. Feels the variety of translucent materials could be a problem. Concerned with internal lighting and perhaps no internal lighting should be permitted. Kurz: Believe the town should allow for these uses, but is concerned with how we control the uses and to what degree. Otherwise in favor of allowing the practice. Lockmar: In favor of allowing the practice and the Town should encourage local agriculture. In favor of the proposal. Rediker: Generally favors the proposal. Could language be imposed to include a mandate for better materials and ensure better upkeep? Prefers design review but with waived application fees and expedited application process. Pratt: If subject to design review, then neighbor sign off is necessary when at a duplex. Affirmed by staff. Gillette: Pratt wants lighting removed, Stockmar wants screening from adjacent neighbors property added. Rediker design review fees waived. Stockmar: Perhaps the PEC should continue the application for now. There is too much inconsistency among commissioners. Kurz: Suggest staff come back to the PEC with the suggestions discussed. Lockman made motion to approve and Kurz seconded. Pratt suggested an amendment condition that staff relays the PEC's concerns to council. Lockman amended his motion accordingly and Kurz seconded. 5. A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail Town Code, to allow for the future development of Employee Housing Units on the Chamonix parcel located at 2310 Chamonix Road, Parcel B, Resubdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC150019) Table to October 24, 2016 Applicant: Town of Vail Planner: George Ruther Action: Table to October 24, 2016 Motion: Stockmar Second: Kurz Vote: 6-0-0 6. Approval of Minutes August 22, 2016 PEC Meeting Results Action: Approve Motion: Stockmar Second: Kurz Vote: 6-0-0 7. Informational Update Beavers and the Habitat They Create - Pete Wadden - 20 min. Watershed Education Coordinator Pete Wadden provided a PowerPoint presentation. 8. Adjournment Action: Adjourn Motion: Kurz Second: Gillette Vote: 6-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 48-hour notification. Please call (970) 479-2356, Telecommunication Device for the Deaf (TDD), for information. Community Development Department PLANNING AND ENVIRONMENTAL COMMISSION TOWN Of VAIO September 12, 2016, 1:00 PM Vail Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 Call to Order 2. A request for recommendation to the Vail Town Council of an application to establish 90 min. Special Development District No. 41 (Marriott Residence Inn), pursuant to Section 12- 9(A), Special Development Districts, Vail Town Code, to allow for the development of a limited service lodge and deed restricted employee housing units and a conditional use permit for public or commercial parking facilities or structures, located at 1783 North Frontage Road West/Lot 9, Buffehr Creek Resubdivision, and setting forth details in regard thereto. (PEC16-0030). Applicant.Vail Hotel Owner ESHV, LLC, represented by Mauriello Planning Group Planner: Matt Panfil 3. A request for recommendation to the Vail Town Council for a Prescribed Regulations 30 min. Amendment to Sections 12-2: Definitions, 12-11: Design Review, 12-14: Supplemental Regulations, 12-15: Gross Residential Floor Area, 12-16: Conditional Use Permits and 12-17: Variances related to the joint property owner submittal requirement. (PEC16- 0031) Applicant Town of Vail Planner: Jonathan Spence 4. A request for recommendation to the Vail Town Council for a Prescribed 30 min. Regulations Amendment to Sections 12-2: Definitions and 14-10: Design Review Standards and Guidelines related to the regulation of greenhouses and hoop houses/cold frames. (PEC16-0032) Applicant Town of Vail Planner: Jonathan Spence 5. A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail 5 min. Town Code, to allow for the future development of Employee Housing Units on the Chamonix parcel located at 2310 Chamonix Road, Parcel B, Resubdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC150019) 5 min. Table to October 24, 2016 Applicant Town of Vail Planner: George Ruther 6. Approval of Minutes August 22, 2016 PEC Meeting Results 7. Informational Update Beavers and the Habitat They Create - Pete Wadden 8. Adjournment 20 min. 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 September 9, 2016 TOWN OF VA110 VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO MEETING DATE: September 12, 2016 ITEM/TOPIC: A request for recommendation to the Vail Town Council of an application to establish Special Development District No. 41 (Marriott Residence Inn), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a limited service lodge and deed restricted employee housing units and a conditional use permit for public or commercial parking facilities or structures, located at 1783 North Frontage Road West/Lot 9, Buffehr Creek Resubdivision, and setting forth details in regard thereto. (PEC16-0030). ATTACHMENTS: File Name Description PEC16- PEC16-0030 Staff Memo 0030_SDD_No._41_MarriottResidence Inn_Staff Memo.pdf PEC16-0030_- Attachment B_-_Project_Narrative.pdf Attachment B - Project Narrative PEC 16-0030---Attachment–C---Plan–Set–(l–of-4). pdf Attachment C - Plan Set (1 of 4) PEC16-0030_ -Attachment_C_-_Plan_Set_(2_of_4).pdf Attachment C - Plan Set (2 of 4) PEC16-0030_ -Attachment_C_-_Plan_Set_(3_of_4).pdf Attachment C - Plan Set (3 of 4) PEC16-0030_ -Attachment_C_-_Plan_Set_(4_of_4).pdf Attachment C - Plan Set (4 of 4) PEC16-0030_- Attachment D_-_Public_Comments.pdf Attachment D - Public Comments 0) TOWN OF VAIL Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 12, 2016 SUBJECT: A request for a recommendation to the Vail Town Council of an application to establish Special Development District No. 41 (Marriott Residence Inn), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a limited service lodge and deed restricted employee housing units and a conditional use permit for public or commercial parking facilities or structures, located at 1783 North Frontage Road West/Lot 9, Buffehr Creek Resubdivision, and setting forth details in regard thereto. (PEC16-0030). Applicant: Vail Hotel Owner ESHV, LLC, represented by Mauriello Planning Group Planner: Matt Panfil I. SUMMARY The applicant, Vail Hotel Owner ESHV, LLC, represented by Mauriello Planning Group, is requesting a recommendation to the Vail Town Council to establish Special Development District No. 41, pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a 170 limited service lodge unit (LSLU) Marriott Residence Inn, 113 employee housing units (EHUs), and a conditional use permit for public or commercial parking facilities or structures at 1783 North Frontage Road West. Process The process to establish a new special development district (SDD) begins with a pre -application meeting with staff to discuss the goals of the proposed SDD and the relationship of the proposal to the Town's Comprehensive Plan. Next, the PEC conducts an initial review of the proposed development in which they can recommend approval of the proposal as requested, recommend approval with modifications, or may recommend denial of the proposal. Finally, the Town Council reviews the PEC's findings and recommendation. The Town Council shall consider the PEC's recommendation, but is not bound by the recommendation in reaching their decision to approve, approve with modification, or deny the proposal. Timeline The applicant has submitted a project review timeline indicating their preference that this meeting functions as an introduction to the project for the Planning and Environmental Commission (PEC). The applicant's projected timeline* is as follows: September 12, 2016: PEC Hearing — Project Overview October 5, 2016: Design Review Board (DRB) Concept Review October 10, 2016: PEC Hearing (cont.) — Possible Recommendation October 24, 2016: PEC Hearing (if necessary) — Recommendation * The above timeline is only an estimate by the applicant and is subject to change. Based upon the applicant's submitted timeline and 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 PEC continues PEC16-0030 to the October 10, 2016 Planning and Environmental Commission meeting in order to address concerns raised by staff and for the applicant to provide detailed responses to anticipated questions from Commissioners and the general public. II. DESCRIPTION OF REQUEST The applicant, Vail Hotel Owner ESHV, LLC, represented by Mauriello Planning Group, is requesting a final review hearing with the Planning and Environmental Commission to recommend approval to the Vail Town Council to establish Special Development District No. 41, Marriott Residence Inn, at 1783 North Frontage Road West. The proposed special development district includes 170 LSLUs within the west side of the structure, 113 EHUs within the east side of the structure, and a two-story, below grade, 365 parking space facility. A vicinity map (Attachment A), a project narrative (Attachment B), plan set (Attachment C), and public comments received prior to September 8, 2016 (Attachment D) are attached for review. Due to its complexity, the request has been broken down into the following categories: LSLUs Per Section 12-2-2, Vail Town Code, LSLUs are defined as: Any room or group of rooms with "kitchen facilities", as defined herein, in a limited service lodge which are designed for temporary occupancy by visitors, guests, individuals, or families on a short term rental basis, and accessible from common corridors, walks, or balconies without passing through another accommodation Town of Vail Page 2 unit, limited service lodge unit, fractional fee club unit or dwelling unit. A limited service lodge unit is not intended for permanent residency and shall not be subdivided into an individual condominium unit, pursuant to title 13, "Subdivision Regulations", of this code. The proposed LSLUs will range in size from approximately 495 square feet to 641 square feet. Proposed amenities for Marriott Residence Inn guests include: breakfast room, fitness center, hot tubs, swimming pool, meeting room, ski storage, and "social zone." The LSLUs are serviced by an elevator tower dedicated strictly to guests. EHUs The proposed EHUs will be deed -restricted rental units, limited to Eagle County residents working at least thirty (30) hours per week. Similar to Lion's Ridge, if there is not enough demand from locals meeting the criteria, the applicant proposes that the EHUs can be rented to Eagle County residents that do not work at least thirty (30) hours per week. The proposed EHUs range in size from approximately 602 square feet to 1,173 square feet. Of the 113 EHUs, there will be sixty-nine (69) one -bedroom units and forty-four (44) two-bedroom units. Proposed amenities for the EHU residents include: fitness room, great room, lounge area on each floor, and outdoor courtyard. The EHUs and EHU amenities are serviced by a separate elevator tower dedicated strictly to residents. Parking, Loading, and Vehicular Circulation Of the 365 proposed parking spaces, 233 of the parking spaces are single -loaded and the remaining 132 parking spaces are of a tandem design (one vehicle parked in front of another vehicle). The applicant has indicated that any excess parking spaces will be available to the public or area employers for lease. Guests and residents both access the below grade parking via a garage door entry at the west end of the building. There is a second access point at the east end of the site that leads to a one-way drive aisle that runs parallel from east to west almost the entire length of the front (south side) of the building. Architecture and Building Materials The applicant has not provided specifications or samples for building materials, colors, etc. Conceptual renderings to demonstrate the intended mass, scale, and architecture have been provided by the applicant as part of Attachment C. Section 12-9A-8, Compatibility, Vail Town Code, requires design compatibility and sensitivity with the neighborhood and adjacent properties relative to architectural design. Landscaping Along the front yard, the proposed landscaping includes shade trees between the sidewalk and front drive aisle and foundation plantings between the drive aisle and Town of Vail Page 3 structure. Towards the rear of the building, the landscape plan transitions to native vegetation and grasses as the slope connects to Meadow Ridge Road. Trees and other plantings are depicted in the terraced areas of the retaining walls. Although not considered landscape or open space, a 17,300 square foot green roof is proposed to be incorporated into the structure. Signage Although signage is depicted on the renderings provided by the applicant, there is no specific signage request has been included with the application. Signage will be reviewed via a design review application subsequent to approval of zoning and design review of the structure. Programming A trash and recycling area is proposed at the east end of the top floor of the parking facility. According to the applicant, on pickup days, the trash and recycling will be moved to a pad outside the southwest corner of the structure. The applicant has indicated that a hotel shuttle program will be implemented in order to improve guest and resident access to the town core. III. BACKGROUND The site is the former location of The Roost Lodge, which was built in the early 1970s. The Roost Lodge featured seventy-two (72) hotel rooms, one (1) dwelling unit, and a paved surface parking lot. All structures associated with The Roost Lodge were demolished in 2015. Dating back to 2006, several different redevelopment scenarios have been proposed or approved for this location. Using the table provided by the applicant on page ten (10) of the project narrative, the different redevelopment scenarios are summarized as follows: Standard 2006 Approval 2012 Approval 2013 Proposal 2016 Proposal Density 49 DUs 28 DUs 0 DUs 0 DUs LSLUs 101 152 176 170 GRFA• 75,842 sq. ft. 75,031 sq. ft. 82,485 sq. ft. 91,198 sq. ft. Building Height 48' 48' 48' 72' Site Coverage— 51% 51% 51% 87% Landscape 44% 44% 44% 31% Setbacks— Front Side (East) Side (West) Rear 20' 15' 20' 20' 20' 20' 20' 20' 20' 20' 20' 20' 0' 0' 0' 0' Parking 128 spaces 169 spaces 165 spaces 365 spaces Loading 1 berth 1 berth 1 berth 2 berths Town of Vail Page 4 EHUs 3 Type III 1 Type IV 213R, 2 Type IV Dorm, 113 1 Type IV Dorm, and off-site and off-site housing for 6.56 housing for 4.95 employees employees * Although the EHUs total approximately 95,784 square feet in size, they do not count towards GRFA. ** Although the above grade site coverage is forty-two percent (42%), the site coverage including the below grade parking facility is eighty-seven percent (87%). *** Although the above grade setbacks are all at least twenty feet (20), the setbacks for the below grade parking facility are zero feet (0'). 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 8 — Sign Programs (in part) 11-8-2: CRITERIA.- Sign RITERIA: Sign programs shall be required for all new or demolished/rebuilt multi -family residential projects and for new or demolished/rebuilt commercial projects. 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.- 1. urposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. Town of Vail Page 5 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 2, Definitions (in part) EMPLOYEE HOUSING UNIT (EHU): A dwelling unit which shall not be leased or rented for any period less than thirty (30) consecutive days, and shall be occupied by at least one person who is an employee. For the purposes of this definition "employee" shall mean a person who works an average of thirty (30) hours per week or more on a year round basis in Eagle County, Colorado. LODGE UNIT, LIMITED SERVICE.- Any ERVICE:Any room or group of rooms with "kitchen facilities", as defined herein, in a limited service lodge which are designed for temporary occupancy by visitors, guests, individuals, or families on a short term rental basis, and accessible from common corridors, walks, or balconies without passing through another accommodation unit, limited service lodge unit, fractional fee club unit or dwelling unit. A limited service lodge unit is not intended for permanent residency and shall not be subdivided into an individual condominium unit, pursuant to title 13, "Subdivision Regulations", of this code. Town of Vail Page 6 RESIDENTIAL DEVELOPMENT. A development that includes at least one dwelling unit, including single-family dwellings, two-family dwellings, multiple -family dwellings, fractional fee club units, lodge dwellings units, attached accommodation units, and timeshare units. Chapter 7, Commercial and Business Districts, Article J. Public Accommodation -2 (PA -2) District (in part) 12-7J-1: PURPOSE The public accommodation -2 district is intended to provide sites for lodges, limited service lodges, and residential accommodations on a short term basis, for visitors and guests, together with such public and semipublic facilities and commercial/retail and related visitor oriented uses as may be appropriately located within the same zone district and compatible with adjacent land uses. This district is intended to provide for lodging sites located outside the periphery of the town's Vail Village and Lionshead commercial core areas. The public accommodation -2 district is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the zone district by establishing appropriate site development standards. Additional nonresidential uses are allowed as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the zone district. 12-7J-2: PERMITTED USES: The following uses shall be permitted in the PA -2 district: Employee housing units, as further regulated by chapter 12 of this title. Limited service lodge, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site, additional accessory dining areas may be located on an outdoor deck, porch, or terrace. 12-7J-3: CONDITIONAL USES: Public or commercial parking facilities or structures. 12-7J-6: SETBACKS: In the PA -2 district, the minimum front setback shall be twenty feet (20'), the minimum side setback shall be twenty feet (20), and the minimum rear Town of Vail Page 7 setback shall be twenty feet (20). At the discretion of the planning and environmental commission and/or the design review board, variations to the setback standards outlined above may be approved during the review of exterior alterations or modifications (section 12-7J-12 of this article) subject to the applicant demonstrating compliance with the following criteria.- A. riteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. B. The proposed building setbacks will provide adequate availability of light, air and open space. C. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. D. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. 12-7J-7: HEIGHT." For a flat or mansard roof, the height of buildings shall not exceed forty five feet (45). For a sloping roof, the height of buildings shall not exceed forty eight feet (48). 12-7J-9: SITE COVERAGE: Site coverage shall not exceed sixty five percent (65%) of the total site area. Final determination of allowable site coverage shall be made by the planning and environmental commission and/or the design review board in accordance with section 12-7J-12 of this article. Specifically, in determining allowable site coverage the planning and environmental commission and/or the design review board shall make a finding that proposed site coverage is in conformance with applicable elements of the Vail comprehensive plan. 12-7J-11: PARKING AND LOADING.- Off OADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least seventy five percent (75%) of the required parking shall be located within the main building or buildings and hidden from public view. No at grade or above grade surface parking or loading area shall be located in any required front setback area. Below grade underground structured parking and short term guest loading and drop off shall be permitted in the required front setback subject to the approval of the planning and environmental commission and/or the design review board. Town of Vail Page 8 12-7J-14: MITIGATION OF DEVELOPMENT IMPACTS.- Property MPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Substantial off site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank restoration, loading/delivery, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment / development projects which produce substantial off site impacts. 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 district, shall establish the requirements for guiding development and uses of property included in the special development district. 12-9A-4: DEVELOPMENT REVIEW PROCEDURES.- A. ROCEDURES: A. Approval Of Plan Required: Prior to site preparation, building construction, or other improvements to land within a special development district, there shall be an approved development plan for said district. The approved development plan shall establish requirements regulating development, uses and activity within a special development district. B. Preapplication Conference: Prior to submittal of a formal application for a special development district, the applicant shall hold a preapplication conference with the department of community development. The purpose of this meeting shall be to discuss the goals of the proposed special Town of Vail Page 9 development district, the relationship of the proposal to applicable elements of the town's comprehensive plan, and the review procedure that will be followed for the application. C. PEC Conducts Initial Review: The initial review of a proposed special development district shall be held by the planning and environmental commission at a regularly scheduled meeting. Prior to this meeting, and at the discretion of the administrator, a work session may be held with the applicant, staff and the planning and environmental commission to discuss special development district. A report of the department of community development staff's findings and recommendations shall be made at the initial formal hearing before the planning and environmental commission. Within twenty (20) days of the closing of a public hearing on a proposed amendment, the planning and environmental commission shall act on the petition or proposal. The commission may recommend approval of the petition or proposal 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 petition or rejection of the proposal. The commission shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the town council. D. Town Council Review: A report of the planning and environmental commission stating its findings and recommendations, and the staff report shall then be transmitted to the town council. Upon receipt of the report and recommendation of the planning and environmental commission, the town council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on a proposed SDD, the town council shall act on the petition or proposal. The town council shall consider but shall not be bound by the recommendation of the planning and environmental commission. The town council may cause an ordinance to be introduced to create or amend a special development district, either in accordance with the recommendation of the planning and environmental commission or in modified form, or the council may deny the petition. If the council elects to proceed with an ordinance adopting an SDD, the ordinance shall be considered as prescribed by the Vail town charter. 12-9A-6: DEVELOPMENT PLAN: An approved development plan is the principal document in guiding the development, uses and activities of special development districts. A development plan shall be approved by ordinance by the town council in conjunction with the review and approval of any special development district. The development plan shall be comprised of materials submitted in accordance with section 12-9A-5 of this article. The development plan shall Town of Vail Page 10 contain all relevant material and information necessary to establish the parameters with which the special development district shall develop. The development plan may consist of, but not be limited to, the approved site plan, floor plans, building sections and elevations, vicinity plan, parking plan, preliminary open space/landscape plan, densities and permitted, conditional and accessory uses. 12-9A-9: DEVELOPMENT STANDARDS.- Development TANDARDS: Development standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking shall be determined by the town council as part of the approved development plan with consideration of the recommendations of the planning and environmental commission. Before the town council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in section 12-9A-8 of this article. 12-9A-11: RECREATION AMENITIES TAX: A recreation amenities tax shall be assessed on all special development districts in accordance with title 2, chapter 5 of this code at a rate to be determined by the town council. This rate shall be based on the rate of the underlying zone district or the rate which most closely resembles the density plan for the zone district, whichever is greater. Chapter 10 — Off Street Parking and Loading (in part) 12-10-1: PURPOSE.- In URPOSE: In order to alleviate progressively or to prevent traffic congestion and shortage of on street parking areas, off street parking and loading facilities shall be provided incidental to new structures, enlargements of existing structures or a conversion to a new use which requires additional parking under this chapter. The number of parking spaces and loading berths prescribed in this chapter shall be in proportion to the need for such facilities created by the particular type of use. Off street parking and loading areas are to be designed, maintained and operated in a manner that will ensure their usefulness, protect the public safety, and, where appropriate, insulate surrounding land uses from their impact. In certain districts, all or a portion of the parking spaces prescribed by this chapter are required to be within the main building in order to avoid or to minimize the adverse visual impact of large concentrations or exposed parking and of separate garage or carport structures. Town of Vail Page 11 12-10-2: APPLICABILITY. Off street parking and loading space shall be provided for any new building, for any addition or enlargement of an existing building or for any conversion of uses which requires additional parking under this chapter. 12-10-9: LOADING STANDARDS.- Standards TANDARDS: Standards for off street loading shall be as follows.- A. ollows: A. Location: All off street loading berths shall be located on the same lot as the use served, but not in the required front setback. Off street loading berths shall be provided in addition to required off street parking and shall not be located within accessways. B. Size: Each required loading berth shall be not less than twelve feet (12) wide, thirty five feet (35) long, and if enclosed and/or covered, fourteen feet (14) high. Adequate turning and maneuvering space shall be provided within the lot lines. At the planning and environmental commission's discretion, variations to the minimum loading berth dimension standards outlined above may be approved or required, subject to the planning and environmental commission finding that such variation is necessary to prevent negative impacts to the public right of way. 12-10-10: PARKING REQUIREMENTS SCHEDULES.- Off CHEDULES: Off street parking requirements shall be determined in accordance with the following schedules.- B. chedules: B. Schedule B applies to all properties outside Vail's "commercial core areas" (as defined in the town of Vail core area parking maps I and 11, incorporated by reference and available for inspection in the office of the town clerk).- Limited lerk): Limited service lodge unit 0.7 spaces per limited service lodge unit Multiple -family dwellings If a dwelling unit's gross residential floor area is more than 500 square feet, but less than 2,000 square feet: 2 spaces 12-10-12: CREDIT FOR MULTIPLE USE PARKING FACILITIES.- Where ACILITIES: Where a single parking facility serves more than one use, the total parking requirement for all uses may be reduced in accordance with the following schedule.- Town chedule: Town of Vail Page 12 301-400 spaces 7.5 percent Chapter 13 — Employee Housing (in part) 12-13-1: PURPOSE.- The URPOSE: The town's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistently available work force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability and affordability of housing plays a critical role in creating quality living and working conditions for the community's work force. The town recognizes a permanent, year round population plays an important role in sustaining a healthy, viable community. Further, the town recognizes its role in conjunction with the private sector in ensuring housing is available. 12-13-3: GENERAL REQUIREMENTS.- A. EQUIREMENTS: A. Deed Restriction, Occupancy Limitations, And Reporting Requirements - Types I, 11, III, And V.- 1. : 1. No EHU shall be subdivided or divided into any form of timeshare, interval ownerships, or fractional fee. 2. For EHUs which are required to be leased, they shall only be leased to and occupied by tenants who are full time employees who work in Eagle County. An EHU shall not be leased for a period less than thirty (30) consecutive days. An EHU shall be continuously rented and shall not remain vacant for a period to exceed three (3) consecutive months. 3. Thirty (30) days prior to the transfer of a deed for an EHU, the prospective purchaser shall submit an application to the administrator documenting that the prospective purchaser meets the criteria set forth herein and shall include an affidavit affirming that he/she meets these criteria. 4. No later than February 1 of each year, the owner of an EHU shall submit a sworn affidavit on a form provided by the town to the community development department containing the following information.- a. nformation: a. Evidence to establish that the EHU has been occupied throughout the year by an employee,- Town mployee, Town of Vail Page 13 b. The rental rate,- c. ate, c. The employer; and d. Evidence to demonstrate that at least one tenant residing in the EHU is an employee. 5. The deed restriction setting forth the provisions of this subsection A shall be provided by the town. Said deed restriction shall run with the land and shall not be amended or terminated without the written approval of the Vail town council. Said restriction shall be recorded by the town at the Eagle County clerk and recorder's office prior to the issuance of a certificate of occupancy. B. Development Standards.- 1. tandards: 1. No structure containing an EHU shall exceed the maximum GRFA permitted in this title except as specifically provided herein. 2. All trash facilities shall be enclosed. 3. All surface parking shall comply with chapter 11 of this title. 4. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit it may be attached to. 5. An EHU may be located in, or attached to, an existing garage (existing on or before April 18, 2000, and whether located in a required setback or not), provided that no existing parking required by this code is reduced or eliminated. A type 1 EHU of five hundred (500) square feet or less of GRFA may be considered for physical separation from the primary unit, if it is constructed in conjunction with a two (2) car garage and is otherwise compatible with the surrounding properties, does not have an adverse impact on vegetation, and does not dominate the street. The design review board shall review such requests for separation. 6. All EHUs must contain a kitchen or kitchenette and a bathroom. 7. Occupancy of an EHU shall be limited to the maximum of two (2) persons per bedroom. Chapter 23 — Commercial Linkage (in part) 12-23-1: PURPOSE AND APPLICABILITY. Town of Vail Page 14 A. The purpose of this chapter is to ensure that new commercial development and redevelopment in the town provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopment. B. Except as provided in section 12-23-5 of this chapter, this chapter shall apply to all new commercial development and redevelopment located within the following zone districts.- 3. istricts: 3. Public Accommodation 2 (PA -2) 12-23-2: EMPLOYEE GENERATION AND MITIGATION RATES: A. The employee generation rates found in table 23-1, "Employee Generation Rates By Type Of Commercial Use", of this section, shall be applied to each type of use in a commercial development. For any use not listed, the administrator shall determine the applicable employee generation rate by consulting the town's current nexus study. TABLE 23-1 EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE Type of Use Employee Generation Rate Accommodation unit / 0.7 employee per net new units limited service lodge unit C. Each commercial development or redevelopment shall mitigate its impact on employee housing by providing EHUs for twenty percent (20%) of the employees generated, pursuant to table 23-1 of this section, or the nexus study, in accordance with the requirements of this chapter. 12-23-3: SIZE AND BUILDING REQUIREMENTS.- A. EQUIREMENTS: A. Table 23-2, "Size of Employee Housing Units'; of this section, establishes the minimum size of EHUs and the number of employees that can be housed in each. All EHUs shall meet or exceed the minimum size requirements. TABLE 23-2 SIZE OF EMPLOYEE HOUSING UNITS Type of Unit Minimum Size (GRFA) Number of Employees Housed 1 bedroom 613 1.75 2 bedroom 788 2.25 D. Parking shall be provided in accordance with chapter 10 of this title. Town of Vail Page 15 1. Exception For On Site Units: At the discretion of the applicable governing body, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of an employee housing plan subject to a parking management plan. The parking management plan may be approved by the applicable governing body and may provide for a reduction in the parking requirements for on site units based on a demonstrated need for fewer parking spaces than chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: a. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. b. A limitation placed in the deed restrictions limiting the number of cars for each unit. c. A demonstrated permanent program including, but not limited to, rideshare programs, car share programs, shuttle service, or staggered work shifts. 12-23-9: OCCUPANCYAND DEED RESTRICTIONS: A. No EHU shall be subdivided or divided into any form of timeshare unit or fractional fee club unit. B. EHUs shall not be leased for a period less than thirty (30) consecutive days. C. An EHU may be sold or transferred as a separate unit on the site. D. An EHU shall be continuously occupied by an employee and shall not remain vacant for a period in excess of three (3) consecutive months unless, despite reasonable and documented efforts to occupy the EHU, efforts are unsuccessful. E. No later than February 1 of each year, the owner of an EHU shall submit a sworn affidavit on a form provided by the town to the town of Vail community development department containing the following information: 1. Evidence to establish that the EHU has been occupied throughout the year by an employee,- 2. mployee, 2. The rental rate (unless owner occupied),- 3. ccupied), 3. The employee's employer, and Town of Vail Page 16 4. Evidence to demonstrate that at least one person residing in the EHU is an employee. Chapter 25 — Public Art (in part) 12-25-1: PURPOSE.- The URPOSE: The purpose of this chapter is to establish guidelines, procedures and standards for the integration of public art into development projects in the town. The enhancement of public places by integrating the creative work of artists improves the pedestrian experience and promotes vibrancy, creativity and livelihood in the community. The presence of and access to public art enlivens the public areas of buildings and their grounds and makes them more welcoming. It creates a deeper interaction with the places where we live, work, and visit. Public art illuminates the diversity and history of a community, and points to its aspirations for the future. A wealth of art and culture in the public realm will foster the economic development of the community. 12-25-2: APPLICABILITY. This chapter shall apply to projects that have a public art component in the approved development plan, as part of a special development district or an exterior alteration or modification in the public accommodation (PA), public accommodation -2 (PA -2), Lionshead mixed use 1 (LMU-1), Lionshead mixed use 2 (LMU-2) and ski base/recreation 2 (SBR2) districts. Title 14 — Development Standards, Vail Town Code Chapter 3 — Residential and Commercial Access, Driveway and Parking Standards (in part) 14-3-2: OTHER REQUIREMENTS.- A. EQUIREMENTS: A. Vehicular Maneuverability: Parking required for each dwelling unit must be independently accessible (i.e., required parking for 1 unit cannot block access for parking for another unit on site). Chapter 10 — Design Review Standards (in part) 14-10-4: ARCHITECTURAL PROJECTIONS, DECKS, BALCONIES, STEPS, BAY WINDOWS, ETC..- A. TC.: A. Towers, spires, cupolas, chimneys, flagpoles, and similar architectural features not usable as habitable floor area may extend above the height Town of Vail Page 17 limit a distance of not more than twenty five percent (25%) of the height limit nor more than fifteen feet (15). V. ZONING / SDD NO. 41 ANALYSIS Address: Legal Description: Existing Zoning: Existing Land Use Designation Mapped Geological Hazards: 1783 N Frontage Road W Buffehr Creek Resubdivision Lot 9 Public Accommodation -2 (PA -2) Medium Density Residential Steep Slope > 40% Underlying Standard Allowed / Required Proposed Site Area Min. 10,000 sq. ft. 86,597 sq. ft. 1.98 acres Front — 20' Front — 0'* Setbacks* Side — 20' Side — 0' Rear — 20' Rear — 0' Height Flat or Mansard Roof — 45' Sloping Roof — 72' Sloping Roof — 48' 25 DUs/ per acre of 0 DUs Density buildable site area, but 170 LSLUs LSLUs and EHUs are not 113 EHUs counted towards density. GRFA** Max. 129,896 sq. ft. 91,198 sq. ft. Site Coverage*** Max. 65% of total site area 87% (75,787 sq. ft.) 56,288 sq. ft. Landscaping Min. 30% of total site area 31% (27,214 sq. ft.) (25,979 sq. ft.) 132 tandem spaces Parking & Loading Min. 345 parking spaces + 233 single spaces 365 total spaces Although the above grade setbacks are all at least twenty feet (20), the setbacks for the below grade parking facility are zero feet (0'). ** Although the EHUs total approximately 95,784 square feet in size, they do not count towards GRFA. *** Although the above grade site coverage is forty-two percent (42%), the site coverage including the below grade parking facility is eighty-seven percent (87%). Identified Deviations and Additional Information Required While the purpose of a special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use, for the purpose of reviewing the balance between flexibility and creativity and existing Town Code, staff has identified the following deviations from Town Code, or additional information that is required as part of an application for a special development district: Town of Vail Page 18 1. Sign Program: Section 11-8-2, Vail Town Code, requires sign programs for all new multi -family residential or new commercial projects. 2. Setbacks: Section 12-7J-6, Vail Town Code, requires minimum front, side, and rear setbacks of twenty feet (20') within the PA -2 zone district. Above grade the proposal meets these criteria; however, the below grade parking results in zero foot (0') front, side, and rear setbacks. Section 12- 764 Vail Town Code, allows the PEC to approve variations to the setback standards subject to applicant demonstrating the proposed setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with the prescribed standards. 3. Building Height: Section 12-7J-7, Vail Town Code, establishes a maximum height of forty-eight feet (48') for buildings with sloping roofs. The height of the proposed building ranges from approximately sixty-two feet (62') to seventy-two feet (72'). Due to the proposed height, staff requests the following: a. A View Study determining the visual impact on the Hillside Condos, located at 1819-1839 Meadow Ridge Road; and b. Additional renderings depicting the context of adjoining residential properties. c. Updates to Sheets R1 and R2 depicting a forty-eight foot (48') plane above existing grade. d. A two-dimensional roof plan depicting the roof ridge elevations over the underlying topography. 4. Site Coverage: Section 12-7J-9, Vail Town Code, allows a maximum of sixty-five percent (65%) site coverage. Above grade, the site coverage proposed is forty-two percent (42%); however, due to the below grade parking facility, the actual site coverage is eight -seven percent (87%). 5. Loading and Deliveries: Section 12-10-9-A, Vail Town Code, requires that all off street loading berths shall not be located within accessways. On page eighteen (18) of the Project Narrative, the applicant states that loading for the project will primarily occur within the twenty foot (20') wide Town of Vail Page 19 drive aisle at the front of the building. As the twenty foot (20') wide drive aisle at the front of the building is a one-way, shared vehicle / pedestrian aisle that will also serve as loading area, fire lane, guest check-in parking, EHU resident pick-up and drop-off space, and shared vehicle and pedestrian path, staff cites the following concerns: a. Life safety issues due to lack of sufficient width for a fully - functional, minimum twelve foot (12') wide fire lane. In addition to identifying a fire lane on the plans, the applicant shall identify the proposed location and dimensions of the two (2) loading berths and show how their locations will not impede any valet, check-in, or delivery services. b. Identify locations where the proposed shuttle system will park and load and unload passengers. c. Without proper markings and directional signage, conflicts among pedestrians and vehicles may occur. d. The proximity of first floor EHUs may result in negative impacts from headlights, noise, and exhaust. e. No porte-cochere is proposed to provide weather protection during guest check-in and drop-off for the lodge. 6. Parking: Section 12-10-10-B, Vail Town Code, requires a minimum of two (2) parking spaces per multiple -family dwelling unit that is outside of the designated "commercial core areas" and more than 500 square feet, but less than 2,000 square feet in size. In order to claim a surplus of 102 parking spaces, the applicant uses the 1.4 parking space per dwelling unit ratio associated with Section 12-10-10-A, which is limited to units located in the designated "commercial core areas." However, even two (2) parking space per dwelling unit ratio, the parking supply is compliant with Town Code. Requested updates to parking plans include: a. Identify American with Disabilities Act (ADA) parking spaces, provide dimensions, and update parking calculations accordingly. b. Provide dimensions for parking located on the parking facility ram ps. Town of Vail Page 20 c. As there is a meeting room proposed on the first floor, the applicant shall include the one (1) parking space per 120 square feet of seating floor area for meeting rooms parking requirement established in Section 12-10-10-B, Vail Town Code. d. Provide a Parking Management Plan that Identifies how parking will be allocated and managed among LSLU guests and EHU residents. The amount of tandem parking seems problematic in that the there are sixty-six (66) tandem parking spaces. Assuming that the forty-four (44) two-bedroom units are assigned tandem parking, there are still twenty-two (22) tandem parking spaces to be shared between LSLU guests and EHU residents. Accommodating these guests and residents will be difficult without valet parking or assigned spaces. e. Per Section 12-10-12, Vail Town Code, the applicant has applied a seven and one-half percent (7.5%) credit for multiple use parking facilities. Staff is concerned that the proposed reduction is not consistent with the intent of the multiple use parking facilities credit. The credit is intended to allow for a reduction in the total parking requirements based on a mix of uses that do not have the same peak parking hours. For example, a movie theater and a business office experience peak parking demand at different times of day. However, both the LSLUs and EHUs are not substantially differentiated uses and will share the same overnight peak parking hours. Additionally, a reduction in parking is functional only if all parking is shared on a first-come, first-served basis. 7. Section 12-25-2, Vail Town Code, requires special development districts in the PA -2 zone district to have a public art component in the approved development plan. Public art is yet to be identified. 8. Section 14-6-7, Vail Town Code, states that retaining walls shall not exceed an exposed face height of six feet (6'). There are multiple sections of the proposed retaining walls exceeding six feet (6') in height. Section 14-6-7, Vail Town Code, requires retaining walls to be located a minimum of two feet (2') from adjacent private property boundaries. Retaining walls of the proposed sizes may require soil nails or other engineering solutions that encroach within two feet (2') of or onto adjacent private property. The Town of Vail Page 21 applicant shall either provide verification that the walls can be constructed without encroaching onto private property, or shall obtain the necessary easements. Other concerns regarding the retaining walls include: a. A significant visual impact on at least the first three (3) floors of the northerly facing EHUs. b. There is concern about the long term survival of the proposed plants and trees located within the retaining wall terraces. c. The area above the proposed retaining walls is currently used as a social path to the North Frontage Road and Vail Post Office. Opportunities to maintain some form of pedestrian access should be explored. 9. In regard to the Preliminary Landscape Plan (Sheet L1.1), the applicant shall provide the following information: a. There is a stand of significant conifer trees along the North Frontage Road. Applicant shall identify existing trees, if any, to be preserved. b. Applicant shall confirm that all areas considered to be landscaping comply with Section 12-7J-10, Vail Town Code, which requires the minimum width and length of any area qualifying as landscaping shall be fifteen feet (15') with a minimum area not less than 300 square feet. c. Identify the specific species of evergreen and shade trees. d. Due to concern regarding the long term survivability of the aspens that are proposed within the planting beds of the terraced retaining walls, examine options such as varying the bed width to accommodate better planting spaces in some areas and including shrub species such as chokecherry and serviceberry that might better survive the narrower beds. e. As the existing vegetation on the hillside is a dry mix of native serviceberry, sage, and chokecherry, the applicant should Town of Vail Page 22 consider a transition into these species as part of the re - vegetation work. 10. Applicant shall continue the sidewalk to Buffehr Creek Road. 11. Applicant shall consider detaching the sidewalk from the curb to allow for snow storage for the North Frontage Road. 12. Applicant shall identify the future of the four (4) existing lots on which the property is located and the form of ownership of the requested improvements. 13. Applicant shall provide an update regarding requests to the Colorado Department of Transportation (CDOT). VI. SURROUNDING LAND USES AND ZONING Existing Land Use North: Medium Density Residential East: Interstate -70 / Park South: Interstate -70 / Med. Dens. Res West: Medium Density Residential Zoning District Two -Family Primary/Secondary Res. & SDD No. 22, Grand Traverse General Use General Use, Res. Cluster, Single - Family Res., & Two -Family Primary / Secondary Res. Res. Cluster & Two -Family Primary / Secondary Res. VII. SPECIAL DEVELOPMENT DISTRICT DESIGN CRITERIA Before acting on a special development district application, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the proposed special development district: 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. Outlined in Item 3 of Section 5 above, staff is concerned that the proposed building height will have a negative visual impact on the surrounding residential properties. In addition to the building height, staff finds the mass, scale, and bulk of the proposed building and retaining walls to be inconsistent Town of Vail Page 23 with the character of its surroundings. While staff finds the architectural design to be generally consistent with its surroundings, additional articulation along the western roofline and architectural relief may help to further break up the visual mass of the building. Also, barrel roofs are not a common architectural feature within the surrounding neighborhood. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposed uses are either permitted by right or conditional use permit within the underlying PA -2 zone district. The immediately surrounding uses are also residential in nature. While LSLUs and EHUs do not count towards density within the PA -2 zone district, surrounding properties range from low density single-family homes and duplexes in the Grand Traverse SDD north of the subject property to up to twenty-nine (29) dwelling units per acre in the Buffehr Creek Condos to the immediate west of the subject property. 3. Parking and Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. Outlined in Item 6 of Section V above, staff is in disagreement with the applicant's use of a 1.4 parking space per EHU ratio over the 2.0 parking space per EHU ratio required by Town Code as well as the seven and one- half percent (7.5%) credit for a multiple use parking facility. While the proposal still has a compliant quantity of parking if the 2.0 parking space per EHU ratio is used and the credit for a multiple use parking facility is removed, staff is still concerned that the amount of tandem parking spaces exceeds the demand for tandem parking, resulting in occasions where parking facility users share the same tandem parking space, resulting in parking conflicts. 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 and found the following documents and associated goals, objectives, statements applicable to this proposal: Vail Land Use Plan (in part) 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. Town of Vail Page 24 1. 12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 3.1 The hotel bed base should be preserved and use more efficiently. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Vail 20/20 Strategic Action Plan (in part) Land Use and Development.- Goal evelopment: Goal #4: Provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and public initiated development. Housing-- Goal- ousing: Goal: The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. Actions / Strategies: Town of Vail Page 25 Research parking requirements for employee housing and consider reducing requirements for employee housing developments. • Expand the number of employee beds in the Town of Vail. o Consider increasing incentives in performance zoning for property owners who build EHUs. 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 not located within any identified natural or geologic hazard zone. 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. Outlined in Items 5, 6, and 8 of Section V above, staff is concerned about the overall height and mass of the structure, parking, loading, and vehicular circulation through the site. The mass and height of the structure are not consistent with the surrounding community and the scale of the retaining walls is not responsive to the natural features of the subject property. The scale of the building, reduced setbacks, and additional site coverage indicate that the site may be overdeveloped. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. Outlined in Item 5 of Section V above, staff is concerned about the multiple roles assigned to the drive aisle at the front of the building. The Fire Department will require a fire lane and due to its current width, it will be difficult to guarantee a clear fire lane when the drive aisle will also be used as the required loading zones and other activities such as food and parcel deliveries, guest check-in, resident pick-ups and drop-offs will also be occurring. Furthermore, without sufficient markings and easy access to the sidewalk to the south, pedestrians will frequently be in conflict with the above listed vehicular activities. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Town of Vail Page 26 Outlined in Item 9 of Section V above, staff is concerned about the survivability of the proposed landscaping within the retaining wall planting beds. The proposed landscape plan requires further refinement through the identification of specific species to be planted and the incorporation of a transition from the front to the rear of the property to a mixture of native plantings that are commonly found on the existing hillside. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The proposal is intended to be constructed in one phase. Staging for any construction related activity will be reviewed by staff to ensure impacts to public rights-of-way and adjacent properties are minimized. It is anticipated that the use of the North Frontage Road West right-of-way will be necessary. This right-of-way is controlled by the Colorado Department of Transportation (CDOT) and will require all appropriate review and permits from CDOT should the project move forward. 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 continues PEC16-0030 to the October 10, 2016 Planning and Environmental Commission meeting in order to respond to questions raised by staff and for the applicant to provide detailed responses to anticipated questions from Commissioners and the general public. IX. ATTACHMENTS A. Vicinity Map B. Project Narrative C. Plan Set D. Public Comments Town of Vail Page 27 MARRIOTT RESIDENCE INN CREATION OF A NEW SPECIAL DEVELOPMENT DISTRICT APARTMENTS +HOTEL To allow for the construction of a limited service lodge and deed restricted apartments Submitted to the Town of Vail: August 15, 2016 Revised August 31, 2016 - . WRIGHT HEEREMA I ARCHITECTS J I� Mauriello Planning Group the harp group I. Consultant Directory Owner and Applicant Peter Dumon, President The Harp Group 601 Oakmont Lane, Suite 420 Westmont, IL 60559 pgdumon@theharpgroup.com 630-366-2010 Planning and Entitlements Dominic Mauriello, Principal Mauriello Planning Group PO Box 4777 Eagle, CO 81631 dominic@mpgvail.com 970-376-3318 Architecture Richard Fawell Wright Heerema Architects 140 S. Dearborn St. Chicago, IL 60603 312.913.1010 Landscape Architecture Jamie McCluskie MacDesign PO Box 6446 Avon, CO 81620 970.977.0016 Civil Engineering Gary Brooks Alpine Engineering 34510 US 6 No. 9 Edwards, CO 81632 970.926.3373 Traffic Engineering Kari J. McDowell Schroeder, PE, PTOE McDowell Engineering P.O. Box 4259 Eagle, CO 81631 kari@mcdowelleng.com 970.623.0788 Fire Protection Deborah Shaner Shaner Life Safety PO Box 1073 Frisco, CO 80443 shanerls@comcast.net 970.409.9082 II. Introduction The applicant, The Harp Group, represented by Mauriello Planning Group, is requesting the establishment of a new Special Development District, to allow for a Marriott Residence Inn and employee housing development (rental apartments), located at 1783 N. Frontage Road West / Lots 9-12, Buffehr Creek Subdivision. The Town of Vail has approved a Marriott Residence Inn at the site in various forms in the past. The most recent approval consisted of 176 limited service lodge units and 2 employee housing units. This approval has since lapsed and there are no current valid approvals for the site. In 2016, the Town of Vail Housing Authority members approached the current owners of the property, looking for opportunities for employee housing to be incorporated into the project. As a result of these discussions and meetings with the Town of Vail staff, the current project was conceived, combining the Marriott Residence Inn and a substantial employee apartment project. As currently proposed, the project consists of 170 limited service lodge units and 113 employee housing units. These units are served by 365 parking spaces. Excess parking (100 parking spaces) will be available for lease to the public and to area employers. A hotel shuttle program will also be provided to improve guest and resident access to the Town Core. The project is generally a five story building, with the employee housing units (EHU) on the eastern end of the property, and the limited service lodge units (LSLU) on the western portion of the property, with a flag of the Marriott Residence Inn. A smaller portion of the building is 6 stories placed against the hillside. The Marriott Residence Inn consists of 170 LSLU. A LSLU is generally a hotel room with kitchen facilities, or more specifically, it is defined by Chapter 12-2 of the Vail Town Code as follows: LODGE UNIT, LIMITED SERVICE:Any room or group of rooms with "kitchen facilities", as defined herein, in a limited service lodge which are designed for temporary occupancy by visitors, guests, individuals, or families on a short term rental basis, and accessible from common corridors, walks, or balconies without passing through another accommodation unit, limited service lodge unit, fractional fee club unit or dwelling unit. A limited service lodge unit is not intended for permanent residency and shall not be subdivided into an individual condominium unit, pursuant to title 13, "Subdivision Regulations", of this code. 3 The hotel rooms range from RECENT 495 sq. ft. to 641 sq. ft., for a sidence Inn Warri Beach South Beach, FL Swftle U dArsity District, WA total of approximately 91,000 Opened Me" 2016 Residenc@ Inn sq. ft. of LSLU on-site. The Marriott Residence Inn will • pened Jenu& '! } include a fitness center, hot L. tub, and pool thus providing 'IMP I recreational amenities onsite. There is also a breakfast room and a small meeting room/ JAW - _f overflow breakfast room. The business model for this type of units does not include a full-service restaurant. Marriott Residence Inn is known for the extended stay lodging category, which recognizes the need and are designed for longer stays with separate living, working, and sleeping areas, making it appealing for family leisure travelers as well as business travelers. There are over 700 locations and over 85,000 rooms of Marriott Residence Inns worldwide. They average an occupancy rate of 79.7% and are one of the more affordable upscale offerings of the Marriott portfolio. The project also includes 113 deed -restricted rental apartment units, generally occupying the eastern half of the building. The developer was approached by the Vail Local Housing Authority members and members of town staff with the idea of encouraging private developers to work with both the Town of Vail and the Vail Local Housing Authority to construct employee housing on sites that may be appropriate for additional development. At the time of being approached The Harp Group was in the process of submitting building permit plans to the Town to construct the approved Marriott Residence Inn. The developer recognized the opportunity and the previously approved plans were modified to maximize the potential for rental employee housing. The 113 employee housing units will be the third largest employee housing development in the Town of Vail, behind only Middle Creek and Timber Ridge. The units will be available for rent, with a deed -restriction requiring occupancy by full-time Eagle County residents. The units are a mix of one -bedroom and two- bedroom units, ranging in size - from 602 sq. ft. to 1,173 sq. ft., with a total of approximately 95,000 sq. ft. of employee units. The units include a full kitchen, dining area, living room, and washer/dryer, and each bedroom �� i6IG �• • �� has its own bathroom. Amenities y illi �� Y include a fitness room, theater, lounge area, outdoor courtyard, ` and great room for use of the g _ residents, separate from the facilities offered to hotel guests. The project is served by an underground parking structure. The project maximizes use of the site, with the two levels of underground parking occurring beyond the setbacks. This allows the project to have 132 tandem parking spaces and 233 single -loaded parking spaces. This far exceeds the parking requirements of Chapter 10-12. The parking structure is served by two elevator towers, one serving 4 the hotel uses, and the other serving the apartments. Excess parking will be available to public or area employers for lease, similar to the Town's program of selling seasonal passes for parking such as that in front of Safeway and the West Vail Mall. The design of the project was inspired by the existing architecture of Vail, the predominant picturesque nature of Vail, and its immediate environment. The design of the building is predominantly five stories in height, with a smaller area of six stories, and nestled into the sloping landscape of the neighborhood so that from the South Frontage Road it appears to be stepping downhill. The roof has been designed as a green roof to fit into the landscape and provide visual relief for those looking down on the roof. The design of the facade has been broken down both horizontally and vertically stepping up and down as well as in and out with roof forms developed to give the impression that the building is not one structure but a series of smaller scaled building forms that have grown and been built more organically. The height of the building is broken down with steps in roof design, balconies, materials, along with shifts in the elevation as it ascends. This creates an identity and visual character that is not an imposing straight facade but a rich woven tapestry of movement along the facade. The proposed project has two site access points. The western access point is a full movement access, with two out -bound lanes and one in -bound lane. The in -bound lane directly enters the parking structure below the building. The structure is shared between both uses with the separation of parking for each use occurring within the structure. The eastern access is in -bound only and is used to access the front doors for both uses. Generally, the employee housing units will not use the eastern access, as they will access the parking structure via the western access. Arriving guests of the hotel can check in, valet their cars or self park without returning onto the Frontage Road. This allows the primary circulation for the uses to occur on-site. The site design provides for all required turn lanes, a transit stop, the continuation of the 10 ft. bike path, then separated by a significant landscape area before the internal 20 ft. drive aisle occurs. There is additional landscape area between the drive aisle and the building. The project maintains the previously approved sidewalk connection from Meadow Ridge Road through the property along the western property line allowing for easy transit access to those in the neighborhood. There is an internal 1,950 sq. ft. courtyard with outdoor planting area within the apartment building. Because the site is steep along the north and western property lines, there is a significant retaining wall needed. This has been sensitively designed with 3 walls with area between each wall to allow for landscaping. These walls, though taller than the 6 ft. allowed by the Town, are similar to those that were constructed at the new Lion's Ridge project. The retaining walls are screened from the view of the public by the apartment building itself, those only visually impacting the sites residents. 5 III. Zoning The project is proposed as a Special Development District (SDD), with the existing underlying zoning of Public Accommodation - 2 (PA -2). The PA -2 zone district purpose statement states (I 2-7J-1): The public accommodation -2 district is intended to provide sites for lodges, limited service lodges, and residential accommodations on a short term basis, for visitors and guests, together with such public and semipublic facilities and commercial/retail and related visitor oriented uses as may be appropriately located within the some zone district and compatible with adjacent land uses. This district is intended to provide for lodging sites located outside the periphery of the town's Vail Village and Lionshead commercial core areas. The public accommodation -2 district is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the zone district by establishing appropriate site development standards. Additional nonresidential uses are allowed as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the zone district. The PA -2 zone district allows for the following permitted and conditional uses: 12-7J-2: PERMITTED USES: The following uses shall be permitted in the PA -2 district: Employee housing units, as further regulated by chapter 13 of this title. Limited service lodge, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. 12-7J-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA -2 district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Fractional fee club units, as further regulated by subsection 12-16-7A8 of this title. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the buildings, grounds and facilities. Public or commercial parking facilities or structures. Public transportation terminals. 6 Public utility and public service uses. Religious institutions. Theaters and convention facilities. SDDs allow for flexibility from the underlying zoning. The purpose of the SDD is provided as follows ( 12-9A-1): The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. Uses within an SDD are determined by the Planning and Environmental Commission and Town Council as part of the review of the development plan, but are limited to those listed as permitted, conditional and accessory uses of the underlying zone district. The uses included in the proposal include a limited service lodge, employee housing units, and a public/commercial parking facility. The following section provides a general overview of the development plan by providing a zoning analysis and summary of the project. Development standards that deviate from the underlying zoning have been high -lighted in yellow. For reference, a comparison of the previous approvals on the property have been provided. IV. Development Standards Address/Legal Description: 1783 North Frontage Road / Lots 9-12, Buffehr Creek Sub Existing Zoning: PA -2 Proposed Zoning: SDD with underlying zoning of PA -2 Land Use Designation: Medium Density Residential Table I: Analysis of Proposed Development Plan Standard Allowed/Required Lot Area Density LSLU EHU G RFA LSLU EHU (EHUs do not count as GRFA) Building Height Site Coverage 10,000 sq. ft. min 49 DU unlimited unlimited 129,896 sq. ft. 45 ft. for flat / 48 ft. for sloping 56,288 sq. ft. (65%) Landscape Area 25,979 sq. ft. (30%) Softscape min of 20,783 sq. ft. Hardscape max of 5,196 sq. ft. / up to 20% of softscape Setbacks* North West East South Loading Employee Housing 0 ft. - 20 ft. 0 ft. - 20 ft. 0 ft. - 20 ft. 0 ft. - 20 ft. 2 berths Housing for 13.72 employees Retaining Walls E6 ft. max height *Variations to setbacks are permitted in the PA -2 zone district Proposed 86,597 sq. ft. / 1.98 acres 0 DU 170 LSLU 113 EHU 91,198 sq. ft. 91,198 sq. ft. (95,784 sq. ft.) 72.03 ft. max 75,787 sq. ft. (87%) - underground 36,479 sq. ft. (42%) - above grade 27,214 sq. ft. 25,012 sq. ft. 2,202 sq. ft. 0 ft. (underground) 20 ft. 0 ft. (underground) 0 ft. (underground) Above grade 20 ft. setbacks maintained 2 berths 113 EHUs 24 ft. (at road easement) 8 Standard Lot Area Density Limited Service Lodge Units (LSLU) G RFA Building Height Site Coverage Landscape Area Setbacks* North West East South Parking Loading Employee Housing Table 2: Analysis of Previous Approvals for Site Allowed/ 2006 Approval 2012 Approval Required 10,000 sq. ft. 86,597 sq. ft. 86,597 sq. ft. min 49 DU 28 du 0 du Unlimited 101 LSLU 152 LSLU 129,896 sq. ft. 48 ft. 56,288 sq. ft. (65%) 25,979 sq. ft. (30%) 0 ft. - 20 ft. 0 ft. - 20 ft. 0 ft. - 20 ft. 0 ft. - 20 ft. 128 spaces I berth Housing for 14.56 employees 75,842 sq. ft. 48 ft. 44,376 sq. ft. (51%) 38,698 sq. ft. (44%) 20 ft. 15 ft. 20 ft. 20 ft. 169 spaces I berth 3 Type III EHU 75,031 sq. ft. 48 ft. 44,376 sq. ft. (51 %) 2013 Proposal 86,597 sq. ft. 0 du 176 LSLU 82,485 sq. ft. 48 ft. 44,376 sq. ft. (51 %) 38,698 sq. ft. (44%) 38,698 sq. ft. (44%) 20 ft. (above -grade) 20 ft. (above -grade) 20 ft. (above -grade) 20 ft. (above -grade) 165 spaces I berth I Type IV CL 2 - bedroom unit = 2.25 employees I Type IV CL dorm unit = 4 employees Housing for 4.95 additional employees off-site 20 ft. (above -grade) 20 ft. (above -grade) 20 ft. (above -grade) 20 ft. (above -grade) 165 spaces I berth 2 Type IV CL dorm units = 8 employees. Housing for 6.56 additional employees off-site 9 V. Employee Housing Plan Section 12-23-8: Administration, of the Vail Town Code requires the submittal of an Employee Housing Plan for all projects subject to development review. This application is unique in that a significant portion of the project is employee housing. However, for the purposes of meeting the requirement of an Employee Housing Plan, it is provided below: A. Calculation Method: The calculation of employee generation, including credits if applicable, and the mitigation method by which the applicant proposes to meet the requirements of this chapter; Applicant Analysis: The existing Roost Lodge consists of 72 accommodation units and I dwelling unit. Because no new free-market dwelling units are proposed, there are no credits given for the existing unit, nor is there any Inclusionary Zoning requirement. However, this inclusionary credit shall remain with the property should at a future date there be an application to establish a dwelling unit on the property. The proposed Marriott Residence Inn includes 170 limited service lodge units, for a total of 98 net new limited service lodge units (accommodation units and limited service lodge units are treated the same for employee generation rates). Table 3: Commercial Linkage Calculation Use Calculation 1W 14 Total Employees Generated 98 net new limited service lodge units 0.7 employees per new unit 68.6 Mitigation Rate 20% Total Commercial Linkage Requirement 13.72 Therefore, the proposed project will need to provide employee housing for 13.72 employees. The entire requirement will be met on-site. The applicant is proposing a total of 1 13 employee housing units, far in excess of requirements. B. Plans: A dimensioned site plan and architectural floor plan that demonstrates compliance with section 12-23-3, "Size And Building Requirements", of this chapter; Applicant Analysis: A dimensioned site plan and architectural floor plan has been provided with this submittal. The employee housing units are provided as follows: Table 4: Employees Housed Use Size (Typ) Number Formula from Table 23-2 Number of Employees Housed One -bedroom Units 600 sq. ft. 69 1.75 employees per unit 120.75 Two-bedroom Units 1950 sq. ft. 44 2.25 employees per unit 99 Use Size (Typ) Number Formula from Table 23-2 Total Employees Housed Requirement of LSLU Excess of Requirements Number of Employees Housed 219.75 13.72 206.03 r I � I G1 L - C. Lot Size: The average lot size of the proposed EHUs and the average lot size of other dwelling units in the commercial development or redevelopment, if any, Applicant Analysis: This is not applicable to this application. D. Schedules:A time line for the provision of any off site EHUs; Applicant Analysis: This is not applicable to this application. E. Off Site Units: A proposal for the provision of any off site EHUs shall include a brief statement explaining the basis of the proposal, Applicant Analysis: This is no applicable to this application. F. Off f Site Conveyance Request: A request for an off site conveyance shall include a brief statement explaining the basis for the request, Applicant Analysis: This is not applicable to this application. G. Fees In Lieu: A proposal to pay fees in lieu shall include a brief statement explaining the basis of the proposal, and Applicant Analysis: This is not applicable to this application. H. Written Narrative:A written narrative explaining how the employee housing plan meets the purposes of this chapter and complies with the town's comprehensive plan. Applicant Analysis: Section 12-23-1: Purpose and Applicability, of the Vail Town Code provides the purpose of the Commercial Linkage Requirements: The purpose of this chapter is to ensure that new commercial development and redevelopment in the town provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopment. The mitigation rates were established by the Town of Vail Employee Housing Nexus study. These rates are based on a survey of various properties in mountain communities. The Town Vail Land Use Plan offers the following goals with regard to employee housing: 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town o (Vail, with appropriate restrictions. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. In 2008, the Town of Vail established the Employee Housing Strategic Plan, which brought together all of the Town's goals on employee housing into a single plan. It provides the following: In 2006, through the Vail 20/20 Focus on the Future process the community established a housing goal. It is as follows: "The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will 12 provide enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development" Based upon the community's work, the Vail Town Council has confirmed the Town of Vail recognizes deed restricted employee housing as basic infrastructure. This type of housing allows employees to live within the town, promoting community, and improving the quality of our local workforce, thereby supporting the local economy, and reducing regional transit needs. The Employee Housing Strategic Plan (EHSP) seeks to meet the expectations established by the community and confirmed by the Town Council and provide enough deed -restricted housing for at least 30 percent of the community's workforce to live in the Town of Vail through a variety of policies, regulations and publicly initiated development projects. The Employee Housing Strategic Plan then outlines the various objectives and policies for implementing the plan. It provides a list of Town Initiatives, one of which is specifically applicable to this project: Incentive Zoning and Density Bonuses The Town will consider workforce housing objectives in all review processes that permit discretion. This means that the Town will work actively with developers as a part of the Housing District, Special Development District review processes and requested changes in zoning to not only meet the requirements of existing code, but to look for opportunities to go beyond code requirements to encourage additional workforce housing to be created. As a part of these review processes the Town will work actively with developers to create incentives to develop housing that exceeds the minimal requirements contained in the code. Additional density may be granted in selected locations through the appropriate review processes, and fee waivers and subsidies may be considered. The Incentives Zoning and Density Bonuses help Vail to "catch up" with existing deficiencies and add to the overall percent of employees living within the Town o (Vail. As indicated in this submittal, the proposal complies with and furthers the purposes and goals of the Town's employee housing requirements and master plans. The project provides housing for 206 employees beyond the requirements. It should be noted that the applicant is proposing the same deed restriction approved for the Lion's Ridge project, whereby if for some reason there was not enough locals available to fill all of the apartment units, they could be rented to others not working at least 30 hours a week in Eagle County. This is not likely to occur, but in the event that it does, the applicant is protected against leaving units vacant. 13 VI. Criteria for Review Section 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS,Vail Town Code, then provides the criteria for review of the establishment of a Special Development District. These criteria have been provided below, along with an analysis of how this proposal complies with these criteria: I. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Applicant Response: The design of the project was inspired by the existing architecture of Vail and the predominant picturesque nature of Vail and its immediate environment. The design of the building is predominantly five stories in height, with smaller areas of six stories, and nestled into the sloping landscape of the neighborhood so that from the Frontage Road it appears to be stepping downhill. The roof has been designed as a green roof to fit into the landscape. The building is nestled into the site and serves to block significant traffic noise and the view of the frontage road and 1-70. Because of its lower elevation and separation from adjacent condominium units, the views to the mountain are not blocked. The design of the facade has been broken down both horizontally and vertically stepping up and down as well as in and out with roof forms developed to give the impression that the building is not one structure but a series of smaller scaled buildings that have grown and built more organically. The height of the building is broken down with steps in roof design, balconies, materials, along with shifts in the elevation as it ascends. This creates an identity and visual character that is not an imposing straight facade but a rich woven tapestry of movement along the facade. The entry to the employee housing units is more restrained but easy to access from the same entry drive, though it is likely that residents will access their units from the garage. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Applicant Response: The site is surrounded by residential uses to the east, west and north, and 1-70 right-of-way to the south. Buffehr Creek Condominiums are located directly to the west. Hillside Condominiums and Mustang Condominiums are located directly to the north. The Grand Traverse neighborhood is located to the east, with Tract A (Open Space Parcel) directly 14 adjacent to the property. Across 1-70 is Donovan Park, along with a single-family and duplex home. The character of the neighborhood should be viewed in the context of what is currently present on and around the subject site. The Roost Lodge has been in existence since the early 1970s and proven to be compatible with adjacent land uses. Considering the various multi- family buildings in the immediate vicinity of the previous Roost Lodge property, to the west and north, a structure which accommodates multiple -family and limited service lodge units is in keeping with the existing surrounding uses. The size of the proposed building is in direct proportion with the size of the development site, which encompasses approximately two acres. Considering the physical state of the previous Roost Lodge, the proposal will have a significant, positive effect on the character of the neighborhood because it will be a new, state of the art (metal and concrete structural system) aesthetically pleasing structure placed on a well landscaped site. 3. Parking And Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. Applicant Response: The Marriott Residence Inn complies with the parking requirements of Chapter 12-10. The parking analysis is provided in the tables below: 15 Table 5: Parking as Required by Chapter 12-10 Use Requirement Formula Parking Required Limited Service Lodge .7 spaces per unit .7 spaces * 170 units = 119 Units Employee Housing Units If a dwelling unit's gross residential 2 spaces * 113 units = 226 floor area is more than 500 square feet, but less than 2,000 square feet: 2 spaces Total Requirement 345 With Multiple Use Parking 301-400 spaces is 7.5% 319.125 Reduction Total Parking Proposed 365 Tandem Spaces 132 Single Spaces 233 In excess of requirements 45.875 Due to the use of the property as rental employee housing units, the location of the transit stop directly in front of the property, and the use of shuttles, the parking requirement for employee housing units is in excess actual demand. Parking will be monitored and controlled, with limitations on the number of cars allowed for each unit. The operator will be allowing one parking space for one -bedroom units and two parking spaces for two-bedroom units, which generates an average parking requirement of 1.4 spaces per unit. This coincides with the parking requirement of multiple -family units in the Core Area parking requirements outlined in Chapter 12-10. This is a more appropriate parking requirement for this use and location, and the applicant is requesting that this parking requirement be applied to the project. The parking demand analysis is provided below: Table 6: Parking Demand Analysis for Employee Housing Units: Use Size (Typ) Number Parking Demand Total Demand One -bedroom 600 sq. ft. 69 1 per unit 69 Units Two-bedroom 950 sq. ft. 44 2 per unit 88 Units Total 157 Average 1.4 spaces per unit The parking requirement for the project using the modification of EHUs assessed at 1.4 spaces per unit yields the following: 16 Table 7: Parking Analysis as Proposed with this SDD: Use Limited Service Lodge Units Employee Housing Units Total Requirement With Multiple Use Parking Reduction Total Parking Proposed In Excess of Requirements Requirement 7 spaces per unit 1.4 spaces per unit 201-300 spaces is 5% Formula 7 spaces * 170 units = 1.4 spaces * 113 units = Parking Required 119 158.2 277.2 263.34 365 As indicated in Table 7, there are 101 excess parking spaces. The applicant is proposing the excess spaces be available to the public, local employers, and tenants for either annual or monthly parking passes. Users of the parking can then utilize the hotel shuttle or the Town's transit system to access other areas of town. The applicant is proposing that a maximum of 100 spaces be available to the public for this use. Because the operator will have control over this use, if parking is ever problematic for either the hotel or the apartments, they can adjust this number to meet the demand. Public use of the parking has been accounted for in the Traffic Report. Loading for the project will primarily occur in the 20 ft. access in front of the building. There is adequate room for two loading areas. Because the hotel does not have a full service restaurant, there is a limited need for loading facilities. This is consistent with the three previous approvals for the hotel project. Table 8: Loading Analysis Use Loading Requirement LSLUs I loading berth for uses up to 75,000 square feet total floor area, plus I additional berth for each 25,000 square feet total floor area in excess of 75,000 square feet EHUs I loading berth for uses up to 100,000 square feet gross residential floor area, plus I additional berth for each 50,000 square feet gross residential floor area in excess of 100,000 square feet Total Credit for Multiple Use Total Requirement Loading Requirement F] 3 Reduction from 3 to 2 berth N As proposed, the project complies with the Loading Requirements outlined in Chapter 12-10. There is a requirement that loading and delivery not occur within the front setback. However, due to the limited need for loading and delivery for the project, the applicant is requesting a deviation from this requirement. Due to the linear nature of the site and the large turning radii 17 needed for large vehicles, it is least impactful to the site to utilize the 20 ft. wide driveway for this use. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Applicant Response: According to the Official Land Use Plan for the Town of Vail, the development site has a land use designation of Medium Density Residential. Pursuant to the Vail Land Use Plan: The Medium Density Residential land use designation includes sites for housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional/public uses such as churches, fire stations, and parks and open space facilities. The project also complies with the relevant elements of the Vail Comprehensive Plan including the following policies: 1.1 - Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 - The quality of development should be maintained and upgraded whenever possible. 1.12 - Vail should accommodate most of the additional growth in existing developed areas (infill areas). 3.1 -The hotel bed base should be preserved and use more efficiently. 3.3 - Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 - Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 5.1 - Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 -Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town o f Voil, with appropriate restrictions. 5.4 - Residential growth should keep pace with the market place demands for a full range of housing types. 5.5. - The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. The project is consistent with the Town's stated goal of increasing hotel beds and the provision of employee housing within the Town. The Town of Vail Community Survey of 2016 noted that when asked to list the top two priorities, the most frequently mentioned actions were: 18 • Focus on housing for middle income and service worker households in vital support roles • Economic vitality • Budget and capital management • Actions to protect and enhance Gore Creek • Environmental sustainability Respondents identified housing as their top priority among all of the community issues and also allocated the most funding towards it in a monetary exercise designed to determine top financial priorities. Housing emerged prominently from the open-ended comments as well, many respondents are concerned about the issue and feel it needs to be addressed by the Town. The 2016 Community Survey also states the following with regard to employee housing: Affordable and adequate housing for employees in the Town of Vail was one of the top issues that came up repeatedly throughout the survey results. Respondents identified housing as their top priority among all of the community issues and also allocated the most funding towards it in a monetary exercise designed to determine top financial priorities (discussed below). Housing emerged prominently from the open-ended comments as well, many respondents are concerned about the issue and feel it needs to be addressed by the Town. Techniques to expand workforce housing opportunities were examined thoroughly this year in a new series of questions. Respondents are highly supportive of various techniques to address the housing problems present in Vail. On a scale from I to 4 where I is "not at all supportive" and 4 is "very supportive," respondents rated four proposed techniques to expand workforce housing. Increasing the requirement for contributing to workforce housing among developers (77 percent gave ratings of 3 or 4), permitting required housing to be built down -valley (75 percent), requiring a contribution to workforce housing for residential development (68 percent), and permitting increased density in limited locations or circumstances (57 percent) all received larger shares of supportive respondents than unsupportive respondents. Respondents prioritized employee housing and parking, as further explained by the 2016 Community Survey: Financial Prioritization. A new question this year had respondents prioritize five improvements for the Vail community relative to one another by allocating $100 across the various categories to best reflect their priorities. Housing emerged at the top of the list, with respondents allocating the most on average towards expanded housing opportunities for middle income and service worker households ($2 7). Parking improvements to add capacity at peak times, actions to protect and enhance Gore Creek (each $20), and transportation improvements ($18) followed closely. The creation of a sizable enclosed space to support cultural and community activities and events was the lowest priority, with an average allocation of $1 /.The dominance of housing, parking, and the environment in this financial exercise is consistent with top priorities noted throughout the survey. The 2007 Vail 20/20 Strategic Action Plan was adopted with the goal to create a clear vision for Vail. It provides the following vision statement: 19 We are the "Premier Mountain Resort Community" by providing high quality of life and experiences for both residents and visitors. This is achieved through environmental stewardship, world-class recreational, cultural and educational opportunities, a strong year-round economy, diversity of housing, and superior infrastructure. The town actively seeks input and cooperation from the community and its neighbors to ensure fulfillment of its vision. It specifically provides goals and action strategies specific to employee housing, with the following: Goal. The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. • Research parking requirements for employee housing and consider reducing requirements for employee housing developments. • Expand the number of employee beds in the Town o (Vail. As indicated in the above analysis, the Town of Vail has continually identified increasing the hotel bed base, the provision of employee housing, and additional parking as top priorities in the Town. These are reoccurring themes throughout various master planning documents, Town surveys, and strategic plans. It is a unique project that can bring all three to the table. As a result, the proposed project complies with the comprehensive plans and Town policies. 5. Natural And/Or Geologic Hazard. Identification and mitigation of natural and/or geologic hazards that affect j'ect the property on which the special development district is proposed. Applicant Response: The proposed amendment has has no effect on the above criterion. There are no natural or geologic hazards that affect the property. Soils and geotech reports have been included with the submittal. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Applicant Response: The site design provides for all required turn lanes, a transit stop, the continuation of the 10 ft. bike path, then a significant landscape area before the internal 20 ft. drive aisle. There is additional landscape area between the drive aisle and the building. The project maintains the previously approved (yet nonexistent) sidewalk connection from Meadow Ridge Road through the property along the western property line. There is an internal 1,950 sq. ft. courtyard with outdoor planting area. Because the site is steep along the north and western property lines, there is significant retaining walls needed. This has been sensitively designed with three walls with area between each wall to allow for landscaping. These walls, though taller than the 6 ft. allowed by the Town, are similar to those that were constructed at the new Lion's Ridge project. The walls are not largely visible to the general public being hidden by the apartment building itself. 20 The building has been broken down both horizontally and vertically stepping up and down as well as in and out with roof forms developed to give the impression that the building is not one structure but a series of smaller buildings constructed over time. The building steps down with the natural grade, creating movement of the roof forms along with the slope. The project has been designed to create a functional development, that is responsive to the site, and is sensitive to the natural features of the site. 7. Traffic. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. Applicant Response: The proposed project has two site access points: western access and eastern access. The western access point is a full movement access, with two out -bound lanes and one in -bound lane. The in -bound lane directly enters the parking structure. The structure is shared between both uses (hotel and employee housing units) with the separation of parking for each use occurring within the structure. The eastern access is in -bound only, and is used to access the front doors for both uses. Generally, the employee housing units will not use the eastern access, as they will access the parking structure via the western access. Arriving guests of the hotel can check in, valet their cars or self park without returning onto the Frontage Road. This allows the primary circulation for the uses to occur on-site. A Traffic Study, prepared by McDowell Engineering has been included with this submittal. Working with both the Town of Vail Engineering Department and the Colorado Department of Transportation, McDowell Engineering's report outlines that the project will generate 1,389 average weekday trips prior to a 10% reduction for multi -modal uses. Due to the proximity of the access for the Buffehr Creek Condos, the Traffic Study recognizes that there will be the need for a variance from CDOT for the spacing between accesses. The Traffic Study includes an analysis for the new proposed access to be shared between this project and Buffehr Creek Condos should this be a recommendation from CDOT. Using this information, Alpine Engineering provided the civil plans showing the necessary improvements to the North Frontage Road. The Traffic Report states the following conclusions: As designed, the site is anticipated to operate most effectively with the easternmost access as ingress only and the westernmost access as a full movement. Because the site will include hotel as well as long—term rental housing it is believed that site access would operate most efficiently with this configuration. The easternmost access would be used for hotel check—in, shuttles, and deliveries. The westernmost access would be the primary access for the apartments, parking garage, and hotel guests after check—in. The Town of Vail has indicated that they would support this change from the Access Management Plan if the access points operate adequately as proposed. It is understood that CDOT would need to also support this change and that the Access Management Plan would need to be updated to reflect the change. The circulation system has been design to the Town's specifications and addresses all modes of transportation. 21 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Applicant Response: The site is generally flat along, with the steeper slopes along the north and east property lines. Because it was a previous development site, there is not significant vegetation on the site following the demolition of the Roost Lodge. The current design maximizes the site, with the underground parking structure abutting the property lines. The structure was designed to allow adequate depth and soil for plantings to occur along the building. This creates a design opportunity for the landscape architect, MacDesign. The landscape has been designed to compliment the structure, creating a building, that sits within the landscape. Shade trees are shown between the bike path and the access drive, creating a natural landscape buffer between these uses. Shrubs and ornamental grasses are shown adjacent to the building, creating the more formal landscape along the entries to the building. The following photos show the general concept for the landscaping adjacent to the building: The sidewalk shown from the rear of the building and connecting to the sidewalk connection from Meadow Ridge Road is landscaped with native species and continues some of the more formal landscape from the front entries. The landscape transitions to more native vegetation and grasses as the slope connects to Meadow Ridge Road. Where the property is adjacent to the Grand Traverse open space, the retaining walls are softened with plantings, creating a visually pleasing view for the residents, as these walls are are largely invisible to the general public. 22 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Applicant Response: The proposed amendment has no effect on the above criterion. The project will be constructed in one phase. Construction is estimated to take 18 months to complete. 23 VII. Adjacent Addresses BUFFER CREEK CONDOMINIUM PICKING, HOWARD M., III & ADELLE ASSOCIATION, INC. 100 LONGVIEW LN 1860 MEADOW RIDGE ROAD UNIT 8, VAIL, CO 81658 JOHNSTOWN, PA 15905 TONKIN, ADAM D. & ALYSON L. 1920 S GILPIN ST DENVER, CO 80210-3308 BUFFER CREEK WEST CONDO ASSOC MARKA W. MOSER BOX 902 VAIL, CO 81658 FARQUHAR, JERRY L. & DEBORAH R. 1879 MEADOW RIDGE RD VAIL, CO 81657-4948 SEOANE, JENNIFER 3650 UTICA ST UNIT 8 DENVER, CO 80212-1560 CARNEY, JOHN M. 2001 CROCKER RD STE 420 WESTLAKE, OH 44145-6967 MEADOWRIDGE A LLC 1434 SARRIA AVE MIAMI, FL 33146-1053 KARP, KAREN L. PO BOX 2174 VAIL, CO 81658 GRAND TRAVERSE AT VAIL ASSOCIATION KAREN NULLE & ASSOCIATES P.O. BOX 839, EDWARDS, CO 81632 CAPSTONE TOWNHOUSE ASSOCIATION VISTAR REAL ESTATE 635 N FRONTAGE RD STE 3, VAIL, CO 81657 GRAND TRAVERSE AT VAIL ASSOCIATION 1412A MORAINE DR VAIL, CO 81657-4981 BEMIS, GREGORY PO BOX 3438 VAIL, CO 81658 LAVIN, LOUISE MILLER 2166 RIDGEWOOD RD AKRON, OH 44313 K. DAVID FITE TRUST - ETAL 17 MOCKINGBIRD LN ENGLEWOOD, CO 80113-4813 GUERRIERO, RANDALL GRAND TRAVERSE AT VAIL ASSOCIATION WILLARD, SCOTT E. - REAP, MARILYN 1859 MEADOW RIDGE RD UNIT C MODUNTAIN STREAM MANAGEMENT 17 WHITE OAK LN VAIL, CO 81657-3905 PO BOX 2636 WESTON, CT 06883-1527 VAIL, CO 81658 MERRIMAN, DANNY, JANE & ADAM 1859 MEADOW RIDGE RD A VAIL, CO 81657-3905 ERB, WENDY ELAINE 1819 MEADOW RIDGE RD G VAIL, CO 81657-3903 GUNION, JOHN & MARGARET M.A. 4999 MAIN GORE DR S UNIT A VAIL, CO 81657-5777 Buffer Creek Condo Association Inc. 3162 S. Gaylord St Englewood, CO 80113 HAGERMAN, PHILIP R. & JOCELYN K. 601 S SAGINAW ST STE 500 FLINT, MI 48502-1513 CDOT 4201 E. ARKANSAS AVENUE DENVER, CO 80222 MAURIELLO PLANNING GROUP, LLC POST OFFICE BOX 4777 EAGLE, CO 81631 TOWN OF VAIL 75 S FRONTAGE RD W VAIL, CO 81657-5096 HELMUT REISS TRUST 1401 LAVENDER LN LAGUNA BEACH, CA 92651 TURNIPSEED, JASON & COLETTE 455 DETROIT ST DENVER , CO 80206-4311 24 L� Aff, L� I 1 1 I I I I I I I o_ I I I I I � I I I � I I I I I I � I I � I I � I I I I I I I I I I � I � I V I I II T I E rd Iml C r C Ci H Z� W �2U d � 0 N W J d � Q p � w O W Q U H Q j W � Z L W Z Oi CL E Im d CL Q LL I LL I L- I LL I xa omm LL I xa omm LL I xa omm LL I xa omm LL I xa omm I A m m m m m m m 9 LlEfff] 0 CD ID ID -0 0 E Co Q - Ca (3) CO C: LU 8 r -I r -I El I 0 m O O V Z� W �2U d � O� J N W () J d � Q p � w O W Q U � Q W Z Q H W Z In W0 CL L� cz d CL Q DIM z o 0 w �m O O EDz w � LL K � Q N a o J O Q� Lei 0 M. ti w Z W D �2U CL D O� J N W () J d -00 O W Q U °a> W z Z Q W Z Oi d� 0� � Q O Z� W �2U d � O� J N W () J d -00 aQe w O W Q U � Q W Q Z Q H W Z d 0� � Q ,4, . 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III 3 ao � I o ✓ / 65.00' \ \ O � / Oo i =se 8 a `'f �\ g \ \ a sof ip♦♦ � � � m \\ amw < o AIS 4 \s \ s w vv \ d A 4 \ \\ otos \ 22 \\ s \ s\ \ s \ \ \\\ Op \ S v \ e \ m SY �i7 r� d a- _ � odrdo d p FS Matt Panfil From: hmpiii@atlanticbb.net Sent: Tuesday, August 30, 2016 11:55 AM To: George Ruther Subject: New Proposed "Roost" Building Project Attachments: HillsideCondo20l6VailCityLtr.pdf George I am attaching a letter from Adelle regarding the "new" project. By the way, Adelle was a very successful real estate agent for years selling,in the main, residential properties in a borough of Johnstown,Pa that had its "we do not have enough commercial property to subsidize our school taxes,etc." problem.The straight up answer was consolidation with neighboring entities.That was turned down by the residents in a referendum vote.. So, in a democratic way. taxes on a fixed amount of residential real estate had to increase for schools, roads, etc, and we ALL have had to live with it; and we do. In my opinion,that is the way it is supposed to be handled.,not to renege on a "promise" [zoning] that is so necessary in a community as Adelle points out in her letter. I know Vail has this problem of maturity and success. Some states [Col??] make annexation much easier than Pennsyvania's requiring a vote. In addition, I am somewhat concerned about the value of the Hillside condos should this proposed building come into being. Does anybody have a feel for that or have concerns for the effected residents? Stay in touch.please, The sacrifice should be shared by the whole community somehow,not just a few. Thx for your time: Howard[Skip]Picking Hillside "C" zpaq, V -Q -VL c g'301if. ,4Le. koosraA84- ' Vi m ee Js b 6 ► = pVa�e n,z , r'e6 c� v-�. �la.(�--l-��s �vu pry inbe to s f -TIl� b k d i s -moo s �Z r� d `tCo 1-4 rq e- 60')@ .mac prap S d � _.t-.�,r,e 11 e�shbor700A- f jnc&n e-nr « Ke i% 1[ r 5 cf �P-fn� �° mod edemas cpv,d food 6�►�5� ,pay�� ccs tA urs' n �e �, y�afi r s�.P�r�" � � a r�eish�orhaod � t V) Q �p `'lel r-elt re- S �� &,n i _ S u ltirr� G r � � � r n and qAe. V'�ry P�c�a,( r� a in LoVe- W a'`1 t Aaf-K ` a It and rT' 1� cL�' � � Qr^ed Vai be +tqxU�©r'h l L� n , U! l it ,5e-,e,�°? , `Qh r'S i a (JAS 1"T� Vail Knvwivlj �r, ChQrd.cre- r u) '4h OP v i e, u.rr cvn d i rpt, • , w S f k- A&Ae- t%a ( r e-5 �o.�-qje- C h©ice- or Ye -a( e5 -yak Mal be ``ay- Y'tSK1� be -ca Q 5 d tj v) co n � ("-3 -t--qr)e- (e�6 I From: Kathryn H Schofield[mailto:kathryn.schofield@vvmc.com] Sent: Thursday, September 01, 2016 5:27 PM To: George Ruther Subject: uphold zoning laws Mr. Ruther, I am writing in opposition of the new proposed development on the site of the old Roost Lodge in West Vail. I think this project is way to big and doesn't fit with the neighborhood plans. Also, the zoning regulations would need to be changed to accommodate this development. What is the point of having zoning regulations if they are so easy to change? There must be a better idea of what to put on that land that fits with the current regulations and neighborhood plan. Thank you for your time, Katie Schofield From: Diane P[mailto:rockhound1962CaDgmail.com] Sent: Thursday, September 01, 2016 6:45 PM To: George Ruther Subject: Roost Lodge Lot Mr. Ruther, I am writing to oppose the proposed development of the 100 condos on this proprty! ! ! I oppose any variance to the current zoning! Please keep the charm of the community in tact. This proposal to change the character of the community is unacceptable to tell members of our community, the ones in which your office serves. Your support to our community is critical and very much appreciated. Please do not sell us out to the highest bidder. Thank you. Respectfully, Diane Pu From: rein karp [mailto:reinkarp(cDyahoo.com] Sent: Thursday, September 01, 2016 5:32 PM To: George Ruther Subject: Building in west Vail Sirs; I visit resident relatives in Vail. I do not think the area should be spoiled by a new 6 story hotel. Rein Karp , Seattle From: Andy Gunion[mailto:aaunion(d)ewpartners.com] Sent: Friday, September 02, 2016 5:08 PM To: George Ruther Subject: Thoughts on the New Roost Lodge Redevelopment Application George, Please share these thoughts with the appropriate members of your team and with the PEC Commissioners. Thank you and have a good weekend. -Andy- I am writing in regards to the latest development application for the old Roost Lodge site in West Vail, now referred to as the Marriott Residence Inn. My father and I own a condominium in the Hillside complex directly north of the site. My wife and I lived in this condo for approximately ten years and we have been renting this unit to full-time vail employees since we moved to east vail in 2014. Being in the development business myself it is interesting being on the "other side" of the zoning process (developer karma I suppose) and I am highly sensitive to not being an irrational NIMBY or a hypocrite. I have watched my fellow Hillside owners and other neighbors who are not in the development business struggle to understand this seemingly endless stream of reapplications on this site and have seen them become fatigued by what feels like death by a thousand cuts — with each proposal coming back larger and taller. Until this point I have not voiced any serious concern, but the scale of this current proposal is really quite shocking. Increases in density are often an economic necessity to allow redevelopment, but in this case heights are increasing from what was a two and three story building in the Roost Lodge to a five and six story one. Has a tripling of height ever been approved in Vail outside of the village core? I am willing to bet that the consensus among a series of independent, objective planners focused solely on the context of the existing neighborhood would be that the appropriate height on this site is 3 —4 stories. The Town's staff and elected and appointed officials really need to take a step back and think about what type of precedent something of this scale would set for Vail's peripheral neighborhoods. Buildings of this scale, and larger, have certainly become commonplace in Vail's purposely dense village core, but this application is a dramatic departure from the existing tone and scale of the much less dense neighborhood of West Vail. West Vail is an existing neighborhood where, for the most part, the scale and layout of buildings generally respects neighboring properties, allowing most homes to enjoy a view of the mountains — one of the primary reasons people live in Vail. I believe the scale of this proposed building is similar to that of the large projects recently constructed in the village core (Solaris, Four Seasons, etc.) from the 1-70 side (5-6 stories). We all remember the incredible scrutiny that these projects went though and the extensive public benefits that had to be provided in exchange for their approved mass and scale — and these buildings are located in a much denser, commercial -oriented neighborhood than this Roost site. In the example of Solaris, the public benefits that this project provided were extremely beneficial to the immediate neighborhood within which the project is located — new plaza, entertainment amenities, retail, etc. It is unclear to me if this Roost redevelopment proposal provides any benefit to the surrounding neighborhood and will obviously have an extreme negative impact on views, character, traffic, etc. In addition, thanks to the high sales prices possible in the village these large buildings in the village core were able to afford expensive architectural features that help greatly to mitigate their scale. Unfortunately, at the end of the day, a limited service hotel or local housing project will not be able to afford such rich facades and run the risk of looking very generic and cheap at this large scale. I understand that the proposed project is comprised of components that the Town desires — Full Time Local Housing, Limited Service Hotel and Parking but why do all of these desires need to be jammed together into one massive project that is out of scale for this location? Why has nothing been constructed under the prior three approvals on this site and why does this building keep growing and growing with every revised application? I believe that the out-of-town developer dramatically overpaid for the property and underestimated the costs of construction in the mountains. This is unfortunate, but should this neighborhood be compromised to mitigate these private economic mistakes? I fully appreciate the economic challenges of building a hotel or locals housing in our marketplace. In the case of a hotel I would fully expect the project to require some residential component to reduce the hotel basis, but applying the local deed restriction to the residential units no -doubt reduces the incremental value of each residential unit. This then requires a dramatic increase the number of residential units. In the case of full time locals housing I would expect the developer to require some type of significant public subsidy and/or include a more profitable component — such as a limited service hotel. Combining these two economically difficult uses together has created a beast that smacks of desperation and a project that I'm not sure would be economically viable for the developer even if the Town approves the application as is. I think we'd all prefer not to be back here reviewing a 5th proposal in two years. This application should be rejected wholesale and the Town and the developer should decide what use they want to pursue on this site that is viable for the developer at a scale appropriate for this site. A limited service hotel with some residential units to buy down the basis or a full-time locals housing complex. Not both. In my personal opinion, if the Town is serious about increasing the stock of locals housing in Vail and willing to utilize town funds to that end then this is an ideal opportunity to provide significant subsidies to the developer to allow the site to be developed in that manner at an appropriate scale. On this note, the Timber Ridge redevelopment is only three stories. It could have been built at a larger scale without impacting any neighbors. The Chamonix site is much lower density as well — respecting the existing character of the neighborhood. If the Town is going to seriously consider this proposal then there are a whole slew of questions and concerns to be addressed. These include: • How does this proposal fit into the big picture of existing master plans and the long-term desire of the Town and the neighborhood residents for the character of this area? • Does the Town envision this neighborhood becoming a series of dense, large-scale apartment buildings, with the two and three story structures that exist today redeveloping into 5-6 story complexes over time? • Is the plan to have a row of large scale buildings flanking 1-70 with smaller buildings behind? • Or is this just a one-off spot zoning exercise for this site? • View impact analysis for the neighbors. Sunshade studies—the access road to our complex is steep and will ice up if shaded. Renderings and sections that show this building relative to neighboring properties Fagade would really need to be improved with much more variation in and out and up and down. I have seen very few projects that have successfully executed on making one long building really look like an eclectic row of buildings developed over time — as proposed. Most look contrived and cheap. A lot to think about here as you consider this proposal to build "The Great Wall of West Vail". Thank you for considering these thoughts and I appreciate all of your work and public service that helps to keep Vail such a special place to live in and visit. -Andy Gunion- Roost Lodge Expansion The new proposal to expand the already approved large building size to an even bigger building is not what Vail needs. Just because this pushes buttons on Vail needs list — employee housing, parking, motel beds this is not the way to do it. To create an SDD [ special development district] and change the zoning on a site that already has more than generous zoning to something that creates a humongous building that not only over powers the site, but also the neighborhood and all of West Vail. To try and fit a size 12 building into a size 9 lot defies the character of West Vail. To change the zoning on this site will have repercussions now and in the future. If this done there surely be more pressure in the future to up zone other sites in West Vail. This site already has a large building plan that has been approved. But apparently is not financially feasible. So to enable a developer that cannot make his first 2-3 plans work, to a multi use building that of has to be even larger, unlike anything in West Vail is not a good plan for Vail. As you know Vail Resorts has recently committed to building employee housing and parking. Probably on the Ever Vail site, the Simba ski run site, or somewhere else where a building of this magnitude might be more suitable thus relieving these pressures. So I would humbly suggest that this proposal be tabled until we know what future more suitable proposals will surely come to meet these needs. To commit to a huge mixed use building that over powers all of West Vail. With tiny setbacks, pushing the building into the hillside and wanting exemptions from various codes, taxes and zoning etc. in what are essentially a residential neighborhood seems to be rushed at best. do not think that this proposal is clear to the residents of Vail. Pushing this through without careful consideration of the effects now and in the future by all needs to be done. Is this what we are crying out for? It would be good to put some sort of representation of the true size of this building on site. Maybe using power poles of the appropriate height at the corners with a bright cable between them to show the outline of this building. This would give all Vail residents a true representation of what will go here and maybe increase discussion about these subjects of what is going to happen to West Vail. I do not think an image on a screen would truly show the scale of this massive building on a 2 acre lot. The drawings they show now have the building disappearing off the page in a haze it's so big. This is not the solution or location to Vails housing, parking and motel problems by piggy backing onto an already approved building. Are there other proposals in the works such as the tear down of the West Vail Sports Authority Building and replacing it with apartments or the Holiday Inn back lot and what is Vail Resorts going to do? There does not seem to be a long term plan for West Vail. We do not need to be changing zoning until we have an idea what else may be coming. Give it some time to see. The Town of Vail does not build housing on its own sites of this magnitude why should we allow it here? I wish I could attend the various meetings on this but with such a short notice unfortunately have to be out of state. Like many neighbors in West Vail who are unable to attend. So I am relying on your discretion to slow this down and give it a good think. This can wait. It is August 28 if I get the zoning notice tomorrow it will be the minimum notice length for the PEC meeting on September 12! Sincerely, Greg Bemis TOWN OF VA110 VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO MEETING DATE: September 12, 2016 ITEM/TOPIC: A request for recommendation to the Vail Town Council for a Prescribed Regulations Amendment to Sections 12-2: Definitions, 12-11: Design Review, 12-14: Supplemental Regulations, 12-15: Gross Residential FloorArea, 12-16: Conditional Use Permits and 12-17: Variances related to the joint property owner submittal requirement. (PEC16-0031) ATTACHMENTS: File Name Description PEC16- Staff Memorandum 0031 Joint Property_Owner Staff Memorandum.pdf rowN ofvain A) Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 12, 2016 SUBJECT: A request for recommendation to the Vail Town Council for a Prescribed Regulations Amendment to Sections 12-2: Definitions, 12-11: Design Review, 12-14: Supplemental Regulations, 12-15: Gross Residential Floor Area, 12-16: Conditional Use Permits and 12-17: Variances related to the joint property owner submittal requirement. (PEC16-0031) Applicant: Town of Vail Planner: Jonathan Spence I. SUMMARY This is a proposal to clarify and codify existing standard operating procedures related to joint property owner submittal requirements. The Town of Vail requires applications for properties that that share dimensional (GRFA, Site Coverage etc.) and/or design (unified architectural and landscape design) standards or guidelines to obtain written approval of the other property owner, owners or applicable owners' association. The proposal includes a new defined term, Development Lot, in Section 12-2: Definitions and associated revisions to submittal requirement language in Sections 12-11: Design Review, 12-14: Supplemental Regulations, 12-15: Gross Residential Floor Area, 12-16: Conditional Use Permits and 12-17: Variances. Based upon staff's review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for the proposed Prescribed Regulations Amendment. II. DESCRIPTION OF REQUEST This is a request for a recommendation to the Vail Town Council to clarify and codify existing standard operating procedures related to joint property owner submittal requirements. The proposal includes a new defined term, Development Lot, in Section 12-2: Definitions and associated revisions to submittal requirement language in Sections 12-11: Design Review, 12-14: Supplemental Regulations, 12-15: Gross Residential Floor Area, 12-16: Conditional Use Permits and 12-17: Variances. The Town of Vail requires applications for properties that share dimensional (GRFA, Site Coverage etc.) and/or design (unified architectural and landscape design) standards or guidelines to obtain written approval of the other property owner, owners or applicable owners' association. The new defined term, Development Lot, will assist prospective applicants and property owners in determining when joint property owner approval is required. Development Lot: A delineation of property that may include one or more structures and or lot(s) that collectively share dimensional and/or design standards or guidelines. Examples include, but are not limited to, a duplex property containing two dwelling units, a condominium complex of one (1) or more buildings or a multi -unit townhome style development that share dimensional (GRFA, Site Coverage etc.) and/or design (unified architectural and landscape design) standards or guidelines. Currently, the Town of Vail GIS system utilizes the Development Lot concept as an available layer in the online mapping system. The proposed language is consistent with this practice. III. BACKGROUND The Community Development Department strives for rules and regulations that are consistent, enforceable, predictable and easily understood. The current code language related to when written approval of another property owner, owners or applicable owners' association is required is unclear. The existing language does not adequately relay to a prospective applicant or property owner the circumstances when this approval is needed. The proposed language will assist the community in understanding when joint property owner approval is required when making an application. IV. APPLICABLE PLANNING DOCUMENTS Title 12 — Zoning Regulations, Vail Town Code 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 Town of Vail Page 2 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 AMENDMENT The following amendments are proposed with new language in bold and items to be removed designated by a ctriLethrni inh 12-2-2: DEFINITIONS OF WORDS AND TERMS.- DEVELOPMENT ERMS: DEVELOPMENT LOT. A delineation of property that may include one or more structures and/or lot(s) that collectively share dimensional and/or design standards or guidelines. Examples include, but are not limited to, a duplex property containing two dwelling units, a condominium complex of one (1) or more buildings or a multi -unit townhome style development that share dimensional (GRFA, Site Coverage etc.) and/or design (unified architectural and landscape design) standards or guidelines. 12-11-4: MATERIAL TO BE SUBMITTED, PROCEDURE B. Conceptual Design Review.- 1. eview: 1. Submittal Requirements: The owner or authorized agent of any project requiring design approval as prescribed by this chapter may submit plans for conceptual review by the design review board to the department of community development. The purpose of a conceptual review shall be to give the applicant a basic understanding with respect to the design concept and the compatibility of a proposal with the design guidelines contained within this chapter. This procedure is recommended mainly for those applications of a higher impact than single-family and two-family residences although projects of that nature shall not be excluded the opportunity to request a conceptual design review. The following information shall be submitted for a conceptual review ten (10) days prior to a scheduled design review board meeting.- d. eeting: d. Application form -• J-..._..1 ..._.. - - r -r- v -....- - --._.. -_ -... -.. -.1 -7 - •• - r- -- - -• - r-•• --•- in duple:* ciihr44sieps by way of e:*omn/e and not Ic-rrr' 4ita-tFeP7 the �;T#tep ppr-G rol of the other property Gwper G�eres or pp4e-ahle o"iner , aseGiatinn oh # he required if the property is owned in common (condominium Town of Vail Page 3 association) and/or located within a Development Lot, the written approval of the other property owner, owners, or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. C. Preliminary And Final Design Review.- 1. eview: 1. The owner or authorized agent of any project requiring design approval as prescribed by this chapter shall submit for final design approval all of the following material to the administrator, unless the administrator determines within five (5) days of a written request for such determination that some of the following material may be excluded.- Form xcluded: Form And Fee: Application form and appropriate fee. if the rope ty is owner/ in oov»mon /oonrlor»iniii 44 a seGiationl or ie4A' with nfhor nrnnorfv o",ners ue- an er-'ve� ,'b-aY /I, /pro par -Gels or 0 no Ge s i,duple:* c, ihr 44sieps by way of eoap4ple and not limitation the Kg#ten a pr -euro/ of the nfhor rope ty em4er em4eres or ann/ioable Gwpero' a0000iation shall he required If the property is owned in common (condominium association) and/or located within a Development Lot, the written approval of the other property owner, owners, or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. 12-14-18: BED AND BREAKFAST OPERATIONS: A. Definition: See section 12-2-2 of this title for definition of "bed and breakfast". B. Location And Criteria: Bed and breakfast operations may be allowed as a conditional use in those zone districts as specified in this title. If permitted as a conditional use pursuant to chapter 16 of this title, bed and breakfast operations shall be subject to the following requirements.- 5. equirements: 5. If a bed and breakfast operation shall use property or facilities owned in common and/or located within a Development Lot, the written approval of the other property owner, owners, or applicable owners' association shall be required the wr#ten a pr -euro/ of the other- nronerfv ewper ewpero or annlinable owner -s' occnniofinn shall he required to be submitted with the application for a conditional use permit. 12-15-4: INTERIOR CONVERSIONS D. Process: Applications shall be made to the department of community development staff on forms provided by the department. Applications for interior conversions to single-family, two-family, primary/secondary or multi -family dwelling units located in a special development district (SDD) pursuant to this section shall also be allowed without amending the GRFA provisions of the SDD. However, properties with GRFA restrictions recorded on the plat for the development shall be regulated according to Town of Vail Page 4 the plat restrictions unless the plat is modified to remove such restrictions h„h „n7Jj�ca), of e:*a149Pie7 GY7d PotAFPitClLiGP7 the "44t n annre„�i of the et-hG',rpr-epetP ewper ewpero or ppkGohlo ewper ' sseGiotion oh # be ro,v„i,- If the property is owned in common (condominium association) and/or located within a Development Lot, the written approval of the other property owner, owners, or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. The planning staff will review the application to ensure the proposed addition complies with all provisions of the interior conversion section. Submittals shall include.- 12-15-5.- nclude: 12-15-5: ADDITIONAL GROSS RESIDENTIAL FLOOR AREA (250 ORDINANCE).- E. RDINANCE): E. Procedure.- 1. rocedure: 1. Application, Content: Application shall be made on forms provided by the department of community development. if the neper hi is owned in nommen Ge s i,duple:* c„hr44siep y way of e:*aR4ple, an wr4tten ppr-eyai of the ether property ewper e,n,neres er pp4G�hle n,n,nerc sseGiotion oh # be ro,v„irorl If the property is owned in common (condominium association) and/or located within a Development Lot, the written approval of the other property owner, owners, or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. The application shall also include.- 12-16-2.- nclude: 12-16-2: APPLICATION; CONTENTS.- Application ONTENTS: Application for a conditional use permit shall be made upon a form provided by the administrator. The application shall be supported by documents, maps, plans, and other material containing the following information: ron by iya), of e*p9pie and not lir»itatien the wr4tten ppr-e, roi of the ether nrnnerty ewper ewpero or ppkGohlo ewper ' sseGiotion oh # be ro,v„i,- If the property is owned in common (condominium association) and/or located within a Development Lot, the written approval of the other property owner, owners, or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. (Ord. 29(2005) § 38: Ord. 24(2000) § 2: Ord. 49(1991) § 1: Ord. 50(1978) § 15: Ord. 30(1978) § 1: Ord. 16(1978) § 4(a): Ord. 8(1973) § 18.200) 12-17-2: APPLICATION INFORMATION REQUIRED: Application for a variance shall be made upon a form provided by the administrator. The Town of Vail Page 5 application shall be supported by documents, maps, plans, and other material containing the following information: G. , by way of evavnn/e and net limitation the wr#ten a pr -euro! of the ether nrenerty em4er em4eres er a p4e-ah/e shall he cervi iirerl If the property is owned in common (condominium association) and/or located within a Development Lot, the written approval of the other property owner, owners, or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. (Ord. 29(2005) § 39: Ord. 24(2000) § 2: Ord. 49(1991) § 2: Ord. 50(1978) § 15: Ord. 30(1978) § 2: Ord. 8(1973) § 19.200) VI. REVIEW CRITERIA 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 The proposed text amendment furthers the general and specific purposes of the zoning regulations by clearly informing potential applicants and property owners of the circumstances requiring joint property owner sign off. This text amendment will codify the actual practice of the Community Development Department, 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 8 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. 11. To otherwise provide for the growth of an orderly and viable community. Town of Vail Page 6 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 amendment is compatible with the development objectives of the town. This change 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. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The amendment is in response to a lack of clarity within existing regulations. As a matter of practice, the Community Development Department has required joint property owner sign offs on applications where properties share development and/or design standards. The proposed text amendment will codify this practice. 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 amendment provides 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. Town of Vail Page 7 VII. STAFF RECOMMENDATION Based upon the analysis of the review criteria contained in Section VI 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 the proposed Prescribed Regulations Amendment to Sections 12-2: Definitions, 12-11: Design Review, 12-14: Supplemental Regulations, 12-15: Gross Residential Floor Area, 12-16: Conditional Use Permits and 12-17: Variances related to the joint property owner submittal requirement. (PEC16-0031) If the Planning and Environmental Commission chooses to recommend approval of the proposed text amendment, 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 Amendment to Sections 12-2: Definitions, 12-11: Design Review, 12-14: Supplemental Regulations, 12-15: Gross Residential Floor Area, 12-16: Conditional Use Permits and 12-17: Variances related to the joint property owner submittal requirement. (PEC16-0031)." 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 the Community Development Department memorandum dated September 12, 2016, 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 8 TOWN OF VA10 VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO MEETING DATE: September 12, 2016 ITEM/TOPIC: A request for recommendation to the Vail Town Council for a Prescribed Regulations Amendment to Sections 12-2: Definitions and 14-10: Design Review Standards and Guidelines related to the regulation of greenhouses and hoop houses/cold frames. (PEC16-0032) ATTACHMENTS: File Name Description PEC16- Staff Memorandum 0032_Greenhouses and_Hoop_Houses Staff Memorandum.pdf Memo_greenhouses. pdf A. Community Development Memorandum concerning Greenhouses, presented to Vail Town Council on August 2, 2016 rowN ofvain A) Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 12, 2016 SUBJECT: A request for recommendation to the Vail Town Council for a Prescribed Regulations Amendment to Sections 12-2: Definitions and 14-10: Design Review Standards and Guidelines related to the regulation of greenhouses and hoop houses/cold frames. (PEC16-0032) Applicant: Town of Vail Planner: Jonathan Spence SUMMARY This is a request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment to Sections 12-2: Definitions and 14-10: Design Review Standards and Guidelines related to the proposed regulation of greenhouses and hoop houses/cold frames. It is the intent of the amendment to provide opportunities for residents to participate in growing food or ornamental crops within a minimal regulatory framework while reducing the potential impact on neighboring properties. Based upon staff's review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for the proposed Prescribed Regulations Amendment. II. DESCRIPTION OF REQUEST It is the intent of the amendment to provide opportunities for residents to participate in growing food or ornamental crops within a minimal regulatory framework while reducing the potential impact on neighboring properties. The Vail Town Code currently has a limited reference to greenhouses and no distinction between these types of accessory structures and others such as playhouses, toolsheds or garages. Because of a heightened interest in growing food for personal consumption, the amendment has been proposed to: 0 Provide definitions for Greenhouses and Hoop Houses/Cold Frames • Provide minimal standards related to the design, placement and operation of these accessory structures. • Afford the Design Review Board flexibility in reviewing the design and materials of a proposed greenhouse, formerly required to be constructed out of the same or similar materials as the primary structure. It is the intent of the amendment to provide opportunities for residents to participate in growing food or ornamental crops within a minimal regulatory framework while reducing the potential negative impact on neighboring properties III. BACKGROUND The Community Development Department has experienced an increase in requests from residents interested in utilizing accessory structures for food production in addition to an increase in the number of concerns expressed by neighbors about non -permitted accessory structures. In response, staff prepared and presented a summary of existing Town of Vail regulations concerning these types of structures and a synopsis of other communities' approaches. This memo, presented to the Vail Town Council on August 2, 2016, is included as Attachment A. Although no specific direction was offered by the Town Council, staff felt that community interest coupled with a lack of regulations specific to these types of structures warranted the proposed amendment. IV. APPLICABLE PLANNING DOCUMENTS Title 12 — Zoning Regulations, Vail Town Code 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 Town of Vail Page 2 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 AMENDMENT The following amendments are proposed with new language in bold and items to be removed designated by a +riLo+hr.,i nh 12-2-2: DEFINITIONS OF WORDS AND TERMS.- GREENHOUSE: ERMS: GREENHOUSE: An outdoor structure, heated or unheated, constructed primarily of glass or other rigid translucent material, which is devoted to the protection or cultivation of food or ornamental crops. HOOP HOUSE/COLD FRAME: An unheated outdoor enclosure used for the purpose of growing crops and/or for protecting seedlings and plants from cold weather but not containing any mechanical or electrical systems or storage of any items. 14-10-5: BUILDING MATERIALS AND DESIGN.- B. ESIGN: B. The same or similar building materials and colors shall be used on main structures and any accessory structures upon the site. Translucent components of greenhouses shall be exempt from this requirement. 14-10-10: ACCESSORY STRUCTURES, UTILITIES, SERVICE AREAS.- G. REAS: G. Greenhouses, when permitted, shall be subject to the following standards: 1. All wall and roofing materials shall be constructed of rigid construction and shall not include polyethylene or other similar flexible films. 2. All non -translucent elements including framing and doors shall be painted to be compatible with the site and surrounding buildings. 3. No internal lighting shall be permitted between the hours of 9:00 P.M. and 6:00 A.M. Exterior lighting shall comply with Section 7 of this Chapter. 4. All greenhouses shall be subject to the development standards for the zone district for which they are located. 5. Greenhouses shall not be used for storage of household items, vehicles, watercraft or other items not associated with the cultivation of food or ornamental crops. Town of Vail Page 3 H. Hoop House/Cold Frame, when permitted, shall be subject to the following standards: 1. Hoop house%old frame shall be five (5) feet in height or less and be 120 square feet or less in floor area. 2. Hoop houses/cold frames shall meet the Deck (Not Ground Level) setback requirements as defined in Section 1 of Chapter 2 of this title and summarized in Section 1 of Chapter 8 of this title. 3. One hoop house%old frame shall be permitted per dwelling unit. 4. Hoop houses/cold frames shall be exempt from design review. 5. Hoop houses/cold frames shall not be used for storage of any kind. VI. REVIEW CRITERIA 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 The proposed text amendment furthers the general and specific purposes of the zoning regulations by provide opportunities for residents to participate in growing food or ornamental crops within a minimal regulatory framework while reducing the potential impact on neighboring properties. 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. Town of Vail Page 4 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 amendment is compatible with the development objectives of the town. This change 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. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The amendment is in response to a lack of clarity within existing regulations. The proposed language provides a regulatory framework for greenhouses and hoop houses/cold frames currently absent and responds to an increased awareness in the community surrounding backyard food production. 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 amendment provides clear terminology within the Vail Town Code so that regulations are consistent with municipal development objectives. The amendment provides opportunities for local food production while limiting possible adverse effects on neighboring properties and community aesthetics. As a result, staff finds this criterion to be met. Town of Vail Page 5 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 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 the proposed Prescribed Regulations Amendment to 12-2: Definitions and 14-10: Design Review Standards and Guidelines related to the regulation of greenhouses and hoop houses/cold frames. If the Planning and Environmental Commission chooses to recommend approval of the proposed text amendment, 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 Sections 12-2: Definitions and 14-10: Design Review Standards and Guidelines related to the regulation of greenhouses and hoop houses/cold frames. (PEC16- 0032)." 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 the Community Development Department memorandum dated September 12, 2016, 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 6 VIII. ATTACHMENTS A. Community Development Memorandum concerning Greenhouses, presented to Vail Town Council on August 2, 2016 Town of Vail Page 7 K) TOWN OF VAIL t Memorandum TO: Town Council FROM: Community Development Department DATE: August 2, 2016 SUBJECT: Private Greenhouses How are private greenhouses allowed in Vail? Private greenhouses are allowed as Accessory Uses in the following zone districts, and are prohibited in any zone district not listed below: • Hillside Residential (HR) • Single -Family Residential (SFR) • Two -Family Residential (R) • Two -Family Primary/Secondary (PS) • Residential Cluster (RC) • Low Density Multiple -Family (LDMF) • Medium Density Multiple Family (MDMF) • High Density Multiple Family (HDMF) • Housing (H) • Agricultural and Open Space (A) What is an Accessory Use? An accessory use is a use or activity that is subordinate and incidental to a permitted or conditional use found on the same parcel or property. The term "accessory use" also applies to accessory structures. For example, a garage is customarily associated with a residence, but it is smaller in size than the principal use of the land for a residence. An accessory use or structure is not allowed without a principal use. Are greenhouses "accessory structures"? Greenhouses in residential zone districts are an accessory use, and therefore an accessory structure. Like garages, sheds, carports and swimming pools, they are also subject to design review. What existing regulations apply to greenhouses, and other accessory uses or accessory structures? Below are the existing definitions and regulations related to accessory uses: Definitions ACCESSORY USE: A use or activity that is subordinate and incidental to a permitted or conditional use. BUILDING: Any structure having a roof supported by columns or walls, or any other enclosed structure, for the housing or enclosure of persons, animals, or property. SEASONAL USE OR STRUCTURE: A temporary covering erected to accommodate or extend educational, recreational, and cultural activities. Such temporary coverings may not be in place for more than seven (7) consecutive months of any twelve (12) month period. For the purposes of this title, a seasonal use Or structure shall not constitute site coverage and shall not be subject to building bulk control standards. Any seasonal use or structure is subject to design review. STRUCTURE - Anything constructed or erected with a fixed location on the ground, but not including poles, lines, cables, or other transmission or distribution facilities of public utilities, or mailboxes or light fixtures. At the discretion of the design review board, swimming pools and tennis courts may be exempted from this definition. 12-4-2: PERMITTED USES: A. Listed Uses Exclusive: The listing of any use as being a permitted use in any particular zone district shall be deemed an exclusion of such use from any other zone district unless expressly permitted as a permitted use, conditional use or accessory use. B. Prohibited If Not Permitted: The permitted uses, conditional uses and accessory uses in the particular districts shall be deemed to be exclusive uses for those districts, and any use not specifically permitted as a permitted use is prohibited unless a determination of similar use is made in accordance with section 12-3-4 of this title. 14-10-5 Building Materials and Design B. The same or similar building materials and colors shall be used on main structures and any accessory structures upon the site. 14-10-10: ACCESSORY STRUCTURES; UTILITIES; SERVICE AREAS: A. Design of accessory structures upon a site shall be compatible with the design and materials of the main structure or structures upon the site. B. Accessory buildings generally should be attached to the main building either directly or by means of a continuous wall, fence or similar feature of the same or a complementary material as the main building's exterior finish. Town of Vail Page 2 C. All utility service systems shall be installed underground. Any utility system the operation of which requires aboveground installation shall be located and/or screened so as not to detract from the overall site design quality. D. All utility meters shall be enclosed or screened from public view. E. Service areas, outdoor storage, and garbage storage shall be screened from adjacent properties, structures, streets, and other public areas by fences, berms, or landscaping. F. Adequate trash storage areas shall be provided. There shall be year round access to all trash storage areas which shall not be used for any other purpose. Is a greenhouse a seasonal use or structure? Should it be? Based on the definitions above, a greenhouse is considered a structure if it is constructed with a fixed location on the ground. Greenhouses that are used year-round are considered a structure. A low, temporary cover used to protect gardens from frost (called a hoop house), which is not affixed to the ground and can be easily moved or dismantle, would be not be considered a structure. Hoop houses are not currently defined in the Vail Town Code. Hoop houses are usually made from plastic or aluminum piping or other material covered with translucent material for the purpose of growing food or ornamental crops. A Seasonal Use or Structure is a temporary covering erected to accommodate or extend educational, recreational, and cultural activities. This is a specific land use permitted as a conditional use only in the Outdoor Recreation (OR) district, and should not be confused with a private greenhouse. The decision of whether a seasonal greenhouse or hoop house should be considered a structure, and should be subject to the regulations for structures (setbacks, height, site coverage, etc.) is a policy decision to be made by elected officials. By defining a greenhouse as a structure, adopted regulations apply, including regulation of design, size, and location. The Community Development Department considers a greenhouse to be an accessory structure, which is regulated by the current Town Code. Any change to the Town Code should include a discussion of the benefits of regulating greenhouses and hoop houses, and the cost, efforts, and amount of staff time involved. Is a building permit required for a greenhouse? — Greenhouses are considered accessory structures, and require a Design Review Board application. Structures over 120 square feet also require building permits. Electrical permits are required for any structure (regardless of size) that has electrical power. If water lines are installed, a plumbing permit is required. A plumbing permit is not required for using a garden hose attached to an existing water line. Where new water lines are installed, a back flow preventer or air gap device is required. Are there different rules for business vs. private greenhouses? • Business use — Current zoning regulations do not permit greenhouses as an accessory use in business districts. Greenhouses could be included as part of the primary use Town of Vail Page 3 (such as a florist, or building materials store), and in such case will need to follow existing design standards, as well as meet required parking, setbacks, site coverage, and other relevant codes. Seasonal Plant Product Business is a conditional use in the Heavy Services (HS) district, which could reasonably be expected to have a greenhouse. • Private use — Where allowed, greenhouses are subject to design review, including materials, setbacks, and other relevant codes. Do Greenhouses they count as GRFA? In residential uses, current regulations count storage areas as GRFA. Greenhouses are a type of storage area, and therefore should be counted as GRFA to be equitable. Permanent vs. Temporary — Determination of temporary vs. permanent is based on the following design characteristics: Is the structure attached to a foundation? Does it have power or water lines connected? (Other than a garden house connected to an existing water line?) • Temporary structures - In residential zone districts, temporary greenhouses used only for personal use could be allowed with less regulation if limited in duration. This may require a code amendment or written policy to clarify when adopted regulations apply. • Permanent structures — Greenhouses installed on foundations, connected to water or electrical power, or installed for more than 6 months, are not temporary and are required to follow design review and other adopted regulations. Attached vs. Detached? — If attached to a home, greenhouses will be considered permanent, and must meet design standards. Detached structures are strongly discouraged, but would still be considered accessory structures, which are regulated. Residential developments are encouraged to have an architecturally integrated structure with unified site development, including compatible building materials, architectural style, scale, roof forms, massing, architectural details, site grading and landscaping materials and features. Are greenhouses allowed in floodplains? Based on current regulations, structures cannot be located within the floodplain. Any structure, temporary or permanent, located within a floodplain would increase flood hazards as these structures can be washed away in a flood and may cause downstream damage or blockage of water flow during a flood event. Questions for the Council to Consider Are existing regulations sufficient? • Do we need to adopt more specific regulations? • What issues are not currently addressed? • Has this issue been raised before? • How often do we expect this issue to come up in the future? • What are the intended, and unintended, consequences of regulating greenhouses? Town of Vail Page 4 Is there currently a problem in the community with private greenhouses? If so, what is the problem? There has not been an overwhelming demand for greenhouses in Vail. Some of these structures currently exist, but applications for greenhouses are rare. Also, existing design guidelines are in place for review of any new applications. There are a few temporary greenhouses and hoop houses in the community, which were constructed without permits. The greenhouses constructed without permits are in violation of the Town Code. Should the Town adopt size limitations, or other design criteria, for greenhouses? If the Town Council would like to place limits on the size or location of greenhouses, additional regulations can be adopted. However, there are already regulations adopted to regulate structure placement, materials and size. Any change to regulations should consider the purposes of a greenhouse, including the design features necessary to make greenhouses successful. For example, the use of large amounts of glass or plastic may be necessary to be useful, but these materials may contrast with the existing materials of the principal structure and design goals of the community. How do other communities regulate greenhouses and hoop houses? Some communities regulate greenhouses and hoop houses as accessory structures, and are subject to the same regulations. Other communities have expressly removed regulations to promote local food growing and to support other community development goals. Following are a few communities that regulate these uses and structures. Boulder, CO • Greenhouses and hoop houses treated as accessory structures • No building permit required under the following conditions: • Maximum 120 square feet • One detached structure allowed on lots less than 0.5 aces in size • Two detached structures allowed on lots larger than 0.5 acres in size Wheat Ridge, CO • Allowed as accessory structures on residentially zoned property • Setbacks and other development standards apply • Permit is required Minneapolis, MN: • No building permit if used for less than 180 days per year • Hoop house allowed as accessory structure, for no more than 180 days • Permanent hoop house subject to site plan review and building code • Hoop house not to exceed four (4) feet in height; not allowed in side yard • Waiver of some regulations for community gardens • Fire Code regulations apply Milwaukee, WI: • Hoop houses require a permit; no fee is required Town of Vail Page 5 Agricultural buildings like hoop houses are exempt from the Wisconsin Commercial Building Code, however the structures are checked to ensure they meet all zoning regulations A hoop house may be no taller than 14 feet at its highest point. The maximum sidewall height is also 14 feet State of New Jersey: Temporary greenhouses and hoop houses are exempt from the Uniform Construction Code, if four criteria are met: • No permanent anchoring system or foundation • No storage of solvents, fertilizers, gases, or other chemical or flammable materials • No wider than 31 feet • Unobstructed path no longer than 150 feet required from any point to a door or fully accessible wall area • Covering materials shall not exceed six (6) mils or 152.4 micrometers • Electrical and mechanical permits may be required • Water backflow preventers required. Town of Vail Page 6 TOWN OF VA10 PLANNING AND ENVIRONMENTAL COMMISSION August 22, 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, John Ryan Lockman, Kirk Hansen 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 12-15-3, 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: Approve Motion: Kurz Second: Lockman Vote: 4-3-0 (Gillette, Stockmar and Hansen opposed) Planning Manager Chris Neubecker provided a summary of the application. Discussion: Chairman Rediker provided opening remarks and opened questions of staff. Rediker opened the public hearing. Mike Suman commented and believes the code language should make a distinction between units, rather than a duplex as one structure. Rollie Kjesbo commented and believes the lowest level language currently proposed is what was always intended. Believes unit separation is important to consider too. Closed public hearing. Stockmar —Approximately how many homes out of 100 homes built in Vail encounter this problem, and would be separated by more than 6 feet? Staff Planner Jonathan Spence — Possibly as high as 20%, but more commonly 5-10%, depending on the location in town. Stockmar — Feels choosing six foot separation allowance is arbitrary and is inclined to not change anything with GRFA at this time. Would like to have a bigger discussion dealing with all of GRFA. Spence — Clarified the intended process with Town Council as a result of today's PEC recommendation. Gillette — Likes the application being applied to all zone districts impacted by GRFA. However, six foot rule is arbitrary. Believes all levels that are subterranean should be deducted from GRFA. Neubecker — A larger GRFA deduction on multiple levels of a home was originally considered and discussed by Town Council when GRFA was amended in 2004, and not supported by Council at that time. Hansen — What was rationale when Council made determination? Neubecker — Unsure due to 2004 occurrence and Town Council ordinance. Gillette — That's why there are term limits and things change. Steep lots are being built - out and this affects more applications now than years ago. Pratt — Does not think this application solves the bigger problem and it contradicts the decision of the PEC on the Michael Suman application and appeal. Allows multiple levels but is not equitable between units. Each side should get credit for their buried space. Feels the six foot rule meets status quo being interpreted by staff, and will send this application to Council. Kurz — Feels the application should go to Council with a recommendation of approval. Hansen — Agrees with Gillette that the application does not solve the problems and does not see the rationale. Lockman — Agrees with many statements but this issue needs to be part of a larger conversation about GRFA. Feels the application does make sense to codify a known and current practice. Rediker— Difficult to address this problem. Does not think underground space should always qualify for a deduction. Agree with staff observations to be careful with code changes. Looking at application before the PEC today is to codify a known practice and that is acceptable. Supports the staff proposal. Kurz — GRFA has served its duty even with all its flaws. Makes motion to approve. Rediker - Question for staff pertaining to motion language without specificity to the 6 foot language that is proposed. Neubecker suggested an amendment to the motion to specifically reference proposed code language on pages 4 and 5 of the staff memo, which adds the sentence "The lowest level shall be the level with the lowest U.S.G.S. elevation, including all floor levels within six (6) vertical feet of the lowest level." Motion amended by Kurz as recommended by planning staff, to include reference to the proposed text amendment language on pages 4 and 5 of the staff memo. 3. Approval of Minutes August 8, 2016 PEC Meeting Results Action: Approve Motion: Stockmar Second: Kurz Vote: 7-0 4. Informational Update Beavers and the Habitat They Create - Pete Wadden — To be heard at future meeting Conservation Easements - Brian Garner Garner gave general overview of conservation easements, their purpose, types of easements, and benefits of easements. Conservation easements can be used to protect environmental features of a site, and may provide tax benefits to the property owner. Majority of conservation easements are granted to non-governmental organizations. There are about 3,000 conservation easements in Colorado; 58 conservation easements in Eagle County, many with Eagle Valley Land Trust. There are 5 conservation easements in Vail. Some easements allow public access, others do not. Stockmar — Aware of a parcel that is a prime candidate for a conservation easement, about 60% wetlands, basically unbuildable. Homeowners Association cannot agree on what to do with the land, it's +/- 6 acres. 5. Adjournment Action: Kurz Motion: Lockman Second: Kurz Vote: 7-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 48- hour notification. Please call (970) 479-2356, Telecommunication Device for the Deaf (TDD), for information. Community Development Department TOWN OF VA10 VAI LTOWN PLANNINGAND ENVI RONMENTAL AGENDA MEMO MEETING DATE: September 12, 2016 ITEM/TOPIC: Beavers and the Habitat They Create - Pete Wadden ATTACHMENTS: File Name Description NorthAmerican Beaver. pdf Presentation 1� "r a _. tj z N C: O U C: O = a --i C6 a --i 4-0 N 0 o E E Q a --i O Z N >N N O w O N �CL O E =3 N — NO� ca -o N Q 2 a--+ o � r -I 0) O N r -I N LO \ N N 00 C N C O C LU O I N Q O N 0O � 00 > U a--+ W r -I -0 C6 a--+ N (6 O a_+ ro = CL N O0 O O ate--+ O E O O ca E O O ca • — U +�-' _� ca > O N c}'n U 00 . 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Al \ N N co C N E C O LU 0 I I �J ti rn Q0 r -I N N co C N C O C LU O I 0 N \ N N co C N C 0 C W C I N NO U N ca > O N '� N � U a) }' N 4-jO Ln i U O i `•� `'� U E C6 C6 •— i ca N U U N O 12 E O >' • N N U > a--+ O Q U N DC N • • O O U _I—_ _ Z -0 a) 0 N \ N N co C N C 0 C W C I v Ir ffrfw�^ t R� c 1„ Lusk. 4 CA Ad Name: 12365946A PLANNING AND ENVIRONMENTAL COMMISSION Customer: TOWN OF VAIL/PLAN DEPT/COMM September 12 PM Vail Town Council Chambers Council am er Your account number is- 1OP2P33 75S. Frontage Road - Vail, Colorado, 81657 Vail Daily 1.Call to Order 2.A request for recommendation to the Vail Town Council of an application to establish Special De- velopment District No. 41 (Marriott Residence Inn), PROOF OF PUBLICATION pursuant to Section 12- 9(A), Special Development Districts, Vail Town Code, to allow for the devel- opment of a limited service lodge and deed re- stricted employee housing units and a conditional STATE OF COLORADO } use permit for public or commercial parking facili- ties or structures, located at 1783 North Frontage Road West/Lot 9, Buffehr Creek Resubdivision, }SS. and setting forth details in regard thereto. (PEC16-0030). - 90 min COUNTY OF EAGLE } Applicant:Vail Hotel Owner ESHV, LLC, repre- sented by Mauriello Planning Group Planner: Matt Panfil I, Mark Wurzer, do solemnly swear that I am a qualified 3.A request for recommendation to the Vail Town Council for prescribed regulations Amendment to representative ofthe Vail Daily. That the same Daily newspaper Sections 12-2: Definitions, 12-11: Design Review, 12-15: Gross Residential Floor Area, 12-16: Condi- printed, In whole or In part and published in the County tional Use Permits and 12-17: Variances related to the joint property owner submittal requirement. of Ea le, State of Colorado, and has a eneral circulation g g (PEC16-0031)- 30 min. Applic on of Vail Plannerr:: Jonatthh an Spence therein; that said newspaper has been published continuously 4.A request for recommendation to the Vail Town and uninterruptedly in said County of Eagle for a period of Council for prescribed regulations Amendment to Sections 12-2: Definitions and 14-10: Design Re- more than fifty-two consecutive weeks next prior to the first view Standards and Guidelines related to the reg - ulation of greenhouses and hoop houses/cold frames. (PEC16-0032) - 30 min. publication of the annexed legal notice or advertisement and Applicant:Town of Vail Planner: Jonathan Spence that said newspaper has published the requested legal notice and advertisement as re uested. q 5.A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail Town Code, to for the future development Employee allow of Housing Units on the Chamonix parcel located at 2310 Chamonix Road, Parcel B, Resubdivision of The Vail Daily is an accepted legal advertising medium, Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC150019) 5 min. only for jurisdictions operating under Colorado's Home Table to October 24, 2016 Applicant:Town of Vail Planner:George Ruther Rule provision. 6.Approval of Minutes August 22, 2016 PEC Meeting Results That the annexed legal notice or advertisement was 7. Informational Update Beavers and the Habitat They Create - Pete Wad - published in the regular and entire issue of every den - 0 min. number of said daily newspaper for the period of 1 t The applications and information about the propos- consecutive insertions; and that the firstublication of said als are available for public inspection during regu- notice was in the issue of said news a er dated 9/9/2016 and p p lar office hours at the Town of Vail Community De - pent Department, 75 South Frontage Road. The public is invited to attend the project orienta- The u that the last publication of said notice was dated 9/9/2016 in tion and the site visits that precede the public hearing in the Town of Vail Community Develop- the issue of said newspaper. 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 - In witness whereof, I have here unto set my hand this day, formation. Sign language interpretation is available 09/19/2016. 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 September 9, 2016 (12365946) `J 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 09/19/2016. ( �L-& 9. -V-� Pamela J. Schultz, Notary Public My Commission expires: November 1, 2019 r Ad Name: 12335776A Customer: TOWN OF VAIL/PLAN DEPT/COMM Your account number is- 1 OP2P33 MW nay PROOF OF PUBLICATION STATE OF COLORADO } }ss. COUNTY OF EAGLE } I, Mark Wurzer, do solemnly swear that I am a qualified representative ofthe Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 8/26/2016 and that the last publication of said notice was dated 8/26/2016 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 09/23/2016. General Manager/Publisher/Editor Vail Daily Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 09/23/2016. ( �L-& 9. -V-� Pamela J. Schultz, Notary Public My Commission expires: November 1, 2019 r THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on September 12, 2016 at 1:00 pm in the Town of Vail Municipal Building. A request for recommendation to the Vail Town Council of an application to establish Special De- velopment District No. 41 (Marriott Residence Inn), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the devel- opment of a limited service lodge and deed re- stricted employee housing units and a conditional use permit for public or commercial parking facili- ties or structures, located at 1783 North Frontage Road West/Lot 9, Buffehr Creek Resubdivision, and setting forth details in regard thereto. (PEC16-0030). Applicant: Vail Hotel Owner ESHV, LLC, repre- sented by Mauriello Planning Group Planner: Matt Panfil A request for recommendation to the Vail Town Council for prescribed regulations Amendment to Sections 12-2: Definitions, 12-11: Design Review, 12-15: Gross Residential Floor Area, 12-16: Condi- tional Use Permits and 12-17: Variances related to the joint property owner submittal requirement. (PEC16-0031) Applicant: Town of Vail Planner: Jonathan Spence A request for recommendation to the Vail Town Council for prescribed regulations Amendment to Sections 12-2: Definitions and 14-10: Design Re- view Standards and Guidelines related to the reg- ulation of greenhouses and hoop houses/cold frames. (PEC16-0032) Applicant: Town of Vail Planner: Jonathan Spence The applications and information about the propos- als are available for public inspection during office hours at the Town of Vail Community Develop- ment Department, 75 South Frontage Road. The public is invited to attend site visits. Please call 970-479-2138 for additional information. Sign language interpretation is available upon re- quest, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Im- paired, for information. Published August 26, 2016 in the Vail Daily. (12335776)